12–9–03 Tuesday Vol. 68 No. 236 Dec. 9, 2003

Pages 68487–68716

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1 II Federal Register / Vol. 68, No. 236 / Tuesday, December 9, 2003

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2 III

Contents Federal Register Vol. 68, No. 236

Tuesday, December 9, 2003

Actuaries, Joint Board for Enrollment Defense Department See Joint Board for Enrollment of Actuaries See Air Force Department See Defense Logistics Agency Agricultural Marketing Service See Navy Department RULES PROPOSED RULES Egg, poultry, and rabbit products; inspection and grading: Privacy Act; implementation, 68577–68578 Fees and charges increase, 68487–68489 NOTICES Environmental statements; availability, etc: Agriculture Department Ground-Based Midcourse Defense target launches; Kodiak See Agricultural Marketing Service Launch Complex, record of decision, 68603–68605 See Forest Service Federal Acquisition Regulation (FAR): See Rural Housing Service Agency information collection activities; proposals, submissions, and approvals, 68605–68606 Air Force Department Privacy Act: RULES Systems of records, 68606–68608 Privacy Act; implementation, 68517–68518 PROPOSED RULES Defense Logistics Agency Privacy Act; implementation, 68578–68579 NOTICES NOTICES Privacy Act: Privacy Act: Systems of records, 68608–68612 Systems of records, 68612–68613

Centers for Disease Control and Prevention Education Department NOTICES RULES Agency information collection activities; proposals, Elementary and secondary education: submissions, and approvals, 68628–68632 Disadvantaged children; academic achievement improvement, 68697–68708 Civil Rights Commission NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings; State advisory committees: Postsecondary education— Maine, 68590 Strengthening Institutions Program, etc., 68614–68617

Coast Guard Employee Benefits Security Administration RULES PROPOSED RULES Ports and waterways safety: Employee Retirement Income Security Act: San Carlos Bay, FL; regulated navigation area, 68518– Electronic registration requirements for Investment 68521 Advisers, 68709–68715 Commerce Department See Foreign-Trade Zones Board Environmental Protection Agency See International Trade Administration RULES See National Oceanic and Atmospheric Administration Air quality implementation plans; approval and promulgation; various States: Committee for the Implementation of Textile Agreements Maryland, 68523–68526 NOTICES Missouri, 68521–68523 Cotton, wool, and man-made textiles: Hazardous waste program authorizations: Cambodia, 68597 Louisiana, 68526–68531 Macedonia, 68597–68598 PROPOSED RULES Nepal, 68598–68599 Air quality implementation plans; approval and Oman, 68602–68603 promulgation; various States: Pakistan, 68599–68600 Maryland, 68580–68581 Poland, 68600–68601 Missouri, 68579–68580 Qatar, 68601 New Jersey, 68581–68585 Russia, 68601–68602 Hazardous waste program authorizations: Louisiana, 68585 Comptroller of the Currency NOTICES RULES Agency information collection activities; proposals, National banks: submissions, and approvals, 68617–68619 Securities; reporting and disclosure requirements, 68489– Grants and cooperative agreements; availability, etc.: 68493 State and tribal response programs, 68619–68624 NOTICES Water pollution control: Agency information collection activities; proposals, Total maximum daily loads— submissions, and approvals, 68689–68690 Arkansas; state-wide waters list, 68625

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Water supply: Foreign-Trade Zones Board Public water supply supervision program— NOTICES Maryland, 68625 Applications, hearings, determinations, etc.: Michigan Federal Aviation Administration Wacker Chemical Corp.; silicone and ceramics products RULES manufacturing and warehousing; extension, 68590 Airworthiness directives: Minnesota, 68590 Special conditions— Boeing Model 707-300 series airplanes, 68501–68503 Forest Service Israel Aircraft Industries Model 1124 airplanes, 68499– NOTICES 68501 Environmental statements; notice of intent: Class D and E airspace, 68503–68504 Shawnee National Forest, IL, 68587–68589 Class E airspace, 68504–68509 Meetings: PROPOSED RULES Lake County Resource Advisory Committee, 68589 Airworthiness directives: Special conditions— General Services Administration Boeing Model 747-100/200B/200F/200F/200C/SR/SP/ NOTICES 100B SUD/400/400D/400F series airplanes, 68563– Federal Acquisition Regulation (FAR): 68573 Agency information collection activities; proposals, Class D and E airspace, 68573–68575 submissions, and approvals, 68605–68606 Class E airspace, 68575–68576 Federal airways, 68576–68577 Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Exemption petitions; summary and disposition, 68686– See Food and Drug Administration 68687 See Health Resources and Services Administration Passenger facility charges; applications, etc.: See National Institutes of Health Dubois-Jefferson County Airport, PA, 68687–68688 NOTICES Eastern Iowa Airport, IA, 68688–68689 Scientific misconduct findings; administrative actions: George M. Bryan Field Airport, MS, 68689 Lin, Kuei-Fu (Tom), 68632 Golden Triangle Regional Airport, MS, 68689 Xu, Jianhua (James), 68627–68628

Federal Communications Commission Health Resources and Services Administration RULES NOTICES Radio frequency devices: Grants and cooperative agreements; availability, etc.: Unlicensed operation, 68531–68547 Maternal and Child Health Federal Set-Aside Program— Radio stations; table of assignments: Community-Based Abstinence Education Project, Texas, 68547–68548 68632–68636 PROPOSED RULES Common carrier services: Communications Act of 1934; implementation— Homeland Security Department Bell Operating Companies (BOCs) and Section 272 See Coast Guard affiliates; operate independently requirement, 68585–68586 Housing and Urban Development Department NOTICES Federal Reserve System Grant and cooperative agreement awards: RULES Healthy Homes Demonstration and Education, 68641– Bank holding companies and change in bank control 68642 (Regulation Y): Healthy Homes Demonstration and Lead Technical Nonfinancial data processing, storage and transmission Studies, 68642–68643 activities; raised revenue limit, 68493–68499 Grant and cooperative agreements awards: NOTICES Operation Lead Elimination Action Program, 68643– Banks and bank holding companies: 68644 Change in bank control, 68626 Grants and cooperative agreements; availability, etc.: Formations, acquisitions, and mergers, 68626–68627 Healthy Homes Demonstration and Education Program, Meetings; Sunshine Act, 68627 68644 Hope VI Revitalization Program, 68644–68648 Food and Drug Administration Public and Indian housing— Public Housing Operating Fund Formula, 68648–68649 RULES Human drugs: Skin protectant drug products (OTC)— Indian Affairs Bureau Astringent products; final monograph, 68509–68511 NOTICES NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Agency information collection activities; proposals, Stockbridge-Munsee Community, WI, 68649–68650 submissions, and approvals, 68632 Meetings: Interior Department Oncological Drugs Advisory Committee; correction, See Indian Affairs Bureau 68627 See Reclamation Bureau

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Internal Revenue Service USS CHAFE, 68513–68514 RULES USS PINCKNEY, 68511–68513 Income taxes: USS RONALD REAGAN, 68514–68515 Partnership income; return, 68511 USS THEODORE ROOSEVELT, 68516 NOTICES NOTICES Agency information collection activities; proposals, Privacy Act: submissions, and approvals, 68690–68694 Systems of records, 68613–68614 Meetings: Taxpayer Advocacy Panels, 68694 Nuclear Regulatory Commission PROPOSED RULES International Trade Administration Byproduct material; medical use: NOTICES Specialty boards recognition, 68549–68563 Antidumping: NOTICES Hand trucks and certain parts from— Committees; establishment, renewal, termination, etc.: China, 68591–68593 Medical Uses of Isotopes Advisory Committee, 68652 Nuclear waste and spent fuel shipments: Industrial nitrocellulose from— Approved transportation package, 68652–68654 United Kingdom, 68593–68594 Operating licenses, amendments; no significant hazards Steel products: considerations; biweekly notices, 68654–68675 Steel Import Licensing and Surge Monitoring Program, Regulatory guides; issuance, availability, and withdrawal, 68594–68595 68675 International Trade Commission Parole Commission NOTICES NOTICES Import investigations: Meetings; Sunshine Act, 68651–68652 Economic effects of significant U.S. import restraints; hearing canceled, 68650–68651 Peace Corps RULES Joint Board for Enrollment of Actuaries Freedom of Information Act; implementation NOTICES Correction, 68695 Meetings, 68587 Postal Rate Commission Justice Department NOTICES See Parole Commission Visits to facilities, 68675 NOTICES Pollution control; consent judgments: Reclamation Bureau Hamilton County Commissioners Board and Cincinnati, NOTICES OH, 68651 Practice and procedure: Costs assessment adjustment, 68650 Labor Department See Employee Benefits Security Administration Rural Housing Service NOTICES National Aeronautics and Space Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 68589–68590 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, Securities and Exchange Commission submissions, and approvals, 68605–68606 NOTICES Agency information collection activities; proposals, National Institutes of Health submissions, and approvals, 68675–68676 NOTICES Self-regulatory organizations; proposed rule changes: Agency information collection activities; proposals, Chicago Board Options Exchange, Inc., 68676–68677 submissions, and approvals, 68636–68637 National Association of Securities Dealers, Inc., 68677– Inventions, Government-owned; availability for licensing, 68684 68637–68641 National Stock Exchange, 68684–68685 Meetings: Small Business Administration National Institute of Neurological Disorders and Stroke, NOTICES 68641 Disaster loan areas: Puerto Rico, 68685 National Oceanic and Atmospheric Administration West Virginia, 68685–68686 NOTICES Permits: State Department Exempted fishing, 68595–68596 NOTICES Marine mammals, 68596–68597 Meetings: International Telecommunication Advisory Committee, Navy Department 68686 RULES Navigation, COLREGS compliance exemptions: Textile Agreements Implementation Committee USS BENFOLD, 68515–68516 See Committee for the Implementation of Textile USS CARNEY, 68516–68517 Agreements

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Transportation Department Part III See Federal Aviation Administration Labor Department, Employee Benefits Security Administration, 68709–68715 Treasury Department See Comptroller of the Currency Reader Aids See Internal Revenue Service Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Separate Parts In This Issue To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Part II archives, FEDREGTOC-L, Join or leave the list (or change Education Department, 68697–68708 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 56...... 68487 70...... 68487 10 CFR Proposed Rules: 35...... 68549 12 CFR 11...... 68489 16...... 68489 225...... 68493 14 CFR 25 (2 documents) ...... 68499, 68501 71 (6 documents) ...... 68503, 68504, 68505, 68506, 68507, 68508 Proposed Rules: 25...... 68563 71 (3 documents) ...... 68573, 68575, 68576 21 CFR 347...... 68509 22 CFR 303...... 68695 26 CFR 1...... 68511 29 CFR Proposed Rules: 2510...... 68710 32 CFR 706 (6 documents) ...... 68511, 68513, 68514, 68515, 68516 806b...... 68517 Proposed Rules: 312...... 68577 806b...... 68578 33 CFR 165...... 68518 34 CFR 200...... 68698 40 CFR 52 (2 documents) ...... 68521, 68523 271...... 68526 Proposed Rules: 52 (3 documents) ...... 68579, 68580, 68581 271...... 68585 47 CFR 2...... 68531 15...... 68531 18...... 68531 73...... 68547 90...... 68531 95...... 68531 Proposed Rules: 53...... 68585

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Rules and Regulations Federal Register Vol. 68, No. 236

Tuesday, December 9, 2003

This section of the FEDERAL REGISTER Standardization Branch, (202) 720– general and locality salary increase for contains regulatory documents having general 3506. Federal employees became effective on applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: January 1, 2003, and it materially are keyed to and codified in the Code of affected program costs. Projected cost Federal Regulations, which is published under Background and Proposed Changes estimates for that increase were based 50 titles pursuant to 44 U.S.C. 1510. The Agricultural Marketing Act on a salary increase of 2.6 percent, The Code of Federal Regulations is sold by (AMA) of 1946 (7 U.S.C. 1621 et seq.) however, the increase was actually 4.02 the Superintendent of Documents. Prices of authorizes official voluntary grading to 4.87 percent, depending on locality. new books are listed in the first FEDERAL and certification on a user-fee basis of Another general and locality salary REGISTER issue of each week. eggs, poultry, and rabbits. The AMA increase estimated at 2 percent is provides that reasonable fees be expected in January 2004. Also, from collected from users of the program October 2002 through September 2004, DEPARTMENT OF AGRICULTURE services to cover, as nearly as salaries and fringe benefits of federally- licensed State employees will have Agricultural Marketing Service practicable, the costs of services rendered. The AMS regularly reviews increased by about 3 percent. The impact of these cost increases 7 CFR Parts 56 and 70 these programs to determine if fees are adequate and if costs are reasonable. was determined for resident, The AMS regularly reviews these nonresident, and fee services. To offset [Docket No. PY–03–001] programs to determine if fees are projected cost increases, the hourly adequate and if costs are reasonable. resident and nonresident rate will be Increase in Fees and Charges for Egg, increased by approximately 3 percent Poultry, and Rabbit Grading This rule will amend the schedule for fees and charges for grading services and the fee rate will be increased by AGENCY: Agricultural Marketing Service, rendered to the egg, poultry, and rabbit approximately 4 percent. The hourly USDA. industries to reflect the costs currently rate for resident and nonresident service associated with them. covers graders’ salaries and benefits. ACTION: Final rule. A recent review of the current fee The hourly rate for fee service covers graders’ salaries and benefits, plus the SUMMARY: The Agricultural Marketing schedule, effective January 1, 2003, Service (AMS) is increasing the fees and revealed that anticipated revenue would cost of travel and supervision. charges for Federal voluntary egg, not adequately cover increasing program As shown in the table below, only the poultry, and rabbit grading. These fees costs. Costs in FY 2004 are projected at maximum monthly administrative and charges are increased to cover the $29.8 million. Without a fee increase, charge that covers overhead costs for increase in salaries of Federal FY 2004 revenues are projected at $29.0 resident poultry and shell egg grading employees, salary increases of State million and trust fund balances would would be increased, while other employees cooperatively utilized in be $14.6 million. With a fee increase, FY administrative charges would not be administering the programs, and other 2004 revenues are projected at $29.8 changed. increased Agency costs. million and trust fund balances would The following table compares current remain at $15.2 million. fees and charges with proposed fees and EFFECTIVE DATE: January 1, 2004. Employee salaries and benefits charges for egg, poultry, and rabbit FOR FURTHER INFORMATION CONTACT: account for approximately 82 percent of grading as found in 7 CFR parts 56 and David Bowden, Jr., Chief, the total operating budget. The last 70:

Service Current Proposed

Resident Service (egg, poultry, and rabbit grading)

Inauguration of service ...... 310 310 Hourly charges: Regular hours ...... 33.36 34.36 Administrative charges—Poultry grading: Per pound of poultry ...... 00037 .00037 Minimum per month ...... 260 260 Maximum per month ...... 2,675 2,755 Administrative charges—Shell egg grading: Per 30-dozen case of shell eggs ...... 048 .048 Minimum per month ...... 260 260 Maximum per month ...... 2,675 2,755 Administrative charges—Rabbit grading: Based on 25% of grader’s salary, minimum per month ...... 260 260

Nonresident Service (egg and poultry grading)

Hourly charges: Regular hours ...... 33.36 34.36

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Service Current Proposed

Administrative charges: Based on 25% of grader’s salary, minimum per month ...... 260 260

Fee and Appeal Service (egg, poultry, and rabbit grading)

Hourly charges: Regular hours: ...... 57.68 60.00 Weekend and holiday hours ...... 66.64 69.32

Comments million. With a fee increase, FY 2004 List of Subjects revenues are projected at $29.8 million Based on the analysis of costs to 7 CFR Part 56 provide these services, a proposed rule and trust fund balances would remain at Eggs and egg products, Food grades to increase the fees for these services $15.2 million. and standards, Food labeling, Reporting was published in the Federal Register This action will raise the fees charged and recordkeeping requirements. (68 FR 37984) on June 26, 2003. to users of grading services. The AMS Comments on the proposed rule were estimates that overall, this rule will 7 CFR Part 70 solicited from interested parties until yield an additional $800,000 during FY Food grades and standards, Food July 28. No comments were received. 2004. The hourly rate for resident and labeling, Poultry and poultry products, The Agency will implement these nonresident service will increase by Rabbits and rabbit products, Reporting increases, as proposed, to ensure the approximately 3 percent and the fee rate and recordkeeping requirements. financial stability of its grading will increase by approximately 4 programs. percent. The impact of these rate ■ For reasons set forth in the preamble, changes in a poultry plant will range title 7, Code of Federal Regulations, parts Executive Order 12866 from less than 0.0001 to 0.025 cents per 56 and 70 are amended as follows: This action has been determined to be pound of poultry handled. In a shell egg not significant for purposes of Executive plant, the range will be less than PART 56—GRADING OF SHELL EGGS Order 12866 and, therefore, has not 0.00002 to 0.11 cents per dozen eggs ■ 1. The authority citation for part 56 been reviewed by the Office of handled. continues to read as follows: Management and Budget (OMB). Civil Justice Reform Authority: 7 U.S.C. 1621–1627. Regulatory Flexibility This action has been reviewed under ■ 2. Section 56.46 is revised to read as Pursuant to the requirements set forth Executive Order 12988, Civil Justice follows: in the Regulatory Flexibility Act (RFA) Reform. This action is not intended to (5 U.S.C. 601 et seq.), the AMS has have retroactive effect. This rule will § 56.46 On a fee basis. considered the economic impact of this not preempt any State or local laws, (a) Unless otherwise provided in this action on small entities. It is determined regulations, or policies, unless they part, the fees to be charged and that its provisions would not have a present an irreconcilable conflict with collected for any service performed, in significant economic impact on a this rule. There are no administrative accordance with this part, on a fee basis substantial number of small entities. procedures which must be exhausted shall be based on the applicable rates There are about 400 users of Poultry prior to any judicial challenge to the specified in this section. Programs’ grading services. These provisions of this rule. (b) Fees for grading services will be official plants can pack eggs, poultry, based on the time required to perform and rabbits in packages bearing the Paperwork Reduction the services. The hourly charge shall be USDA grade shield when AMS graders The information collection $60.00 and shall include the time are present to certify that the products actually required to perform the grading, meet the grade requirements as labeled. requirements that appear in the sections to be amended by this action have been waiting time, travel time, and any Many of these users are small entities clerical costs involved in issuing a under the criteria established by the previously approved by OMB and assigned OMB Control Numbers under certificate. Small Business Administration (13 CFR (c) Grading services rendered on the Paperwork Reduction Act (44 U.S.C. 121.201). These entities are under no Saturdays, Sundays, or legal holidays Chapter 35) as follows: § 56.52(a)(4)— obligation to use grading services as shall be charged for at the rate of $69.32 No. 0581–0128; and § 70.77(a)(4)—No. authorized under the Agricultural per hour. Information on legal holidays 0581–0127. Marketing Act of 1946. is available from the Supervisor. The AMS regularly reviews its user Pursuant to 5 U.S.C. 533, it is found ■ 3. In § 56.52, paragraph (a)(4) is revised fee financed programs to determine if and determined that good cause exists to read as follows: fees are adequate and if costs are for not postponing the effective date of reasonable. A recent review determined this action until 30 days after § 56.52 Continuous grading performed on that the existing fee schedule, effective publication in the Federal Register. The resident basis. January 1, 2003, will not generate revised fees need to be implemented on * * * * * sufficient revenues to cover program an expedited basis in order to avoid (a) * * * costs while maintaining an adequate further financial losses in the grading (4) An administrative service charge reserve balance in FY 2004. Costs in FY program. The effective date of the fee based upon the aggregate number of 30- 2004 are projected at $29.8 million. increase will coincide with the billing dozen cases of all shell eggs handled in Without a fee increase, FY 2004 cycle that begins on the first day of the the plant per billing period multiplied revenues are projected at $29.0 million first month after the date of publication by $0.048, except that the minimum and trust fund balances would be $14.6 in the Federal Register. charge per billing period shall be $260

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and the maximum charge shall be DEPARTMENT OF THE TREASURY Prior to the enactment of the $2,755. The minimum charge also Sarbanes-Oxley Act,2 section 12(i) gave applies where an approved application Office of the Comptroller of the the OCC the authority to administer and is in effect and no product is handled. Currency enforce sections 12, 13, 14(a), 14(c), 14(d), 14(f), and 16 of the Exchange Act. PART 70—VOLUNTARY GRADING OF 12 CFR Parts 11 and 16 The Sarbanes-Oxley Act amended some POULTRY PRODUCTS AND RABBIT [Docket No. 03–25] of those sections of the Exchange Act to PRODUCTS impose additional requirements and, as RIN 1557–AC12 a result, the OCC will administer and ■ 4. The authority citation for part 70 enforce these new requirements as they continues to read as follows: Reporting and Disclosure apply to registered national banks. In Authority: 7 U.S.C. 1621–1627. Requirements for National Banks With addition, the Sarbanes-Oxley Act Securities Registered Under the amended section 12(i) to add new ■ 5. Section 70.71 is revised to read as Securities Exchange Act of 1934; sections of the securities laws to the list follows: Securities Offering Disclosure Rules of provisions that are enforced and § 70.71 On a fee basis. AGENCY: Office of the Comptroller of the administered by the OCC. (a) Unless otherwise provided in this Currency. Titles III and IV of the Sarbanes-Oxley Act include a number of provisions that part, the fees to be charged and ACTION: Final rule. collected for any service performed, in are designed to improve the corporate accordance with this part, on a fee basis SUMMARY: The Office of the Comptroller governance and financial disclosures of shall be based on the applicable rates of the Currency (OCC) is revising its issuers that have a class of securities specified in this section. regulations to reflect amendments to the registered under sections 12(b) or 12(g) (b) Fees for grading services will be Securities Exchange Act of 1934 of the Exchange Act or that are required based on the time required to perform (Exchange Act) made by the Sarbanes- to file periodic reports with the SEC such services for class, quality, quantity Oxley Act of 2002 (Sarbanes-Oxley Act). under section 15(d) of the Exchange Act (weight test), or condition, whether These amendments to the Exchange Act (public issuers). All registered national ready-to-cook poultry, ready-to-cook give the OCC the authority to administer banks are public issuers for purposes of rabbits, or specified poultry food and enforce a number of the Sarbanes- the law. products are involved. The hourly Oxley Act’s new reporting, disclosure, Pursuant to the amendments to charge shall be $60.00 and shall include and corporate governance requirements section 12(i) made by the Sarbanes- the time actually required to perform with respect to national banks that have Oxley Act, the OCC administers and the work, waiting time, travel time, and a class of securities registered under the enforces the following new provisions any clerical costs involved in issuing a Exchange Act. We are also revising our of the Act with respect to registered certificate. securities offering disclosure rules for national banks in addition to any new (c) Grading services rendered on national banks that issue securities that requirements that were added through Saturdays, Sundays, or legal holidays are not subject to the registration amendments to sections of the Exchange shall be charged for at the rate of $69.32 requirements of Securities Act of 1933. Act that were enforced by the OCC prior to the enactment of the Sarbanes-Oxley per hour. Information on legal holidays EFFECTIVE DATE: This rule is effective on is available from the Supervisor. Act. January 8, 2004. • 3 6. In § 70.77, paragraph (a)(4) is Section 301 establishes certain FOR FURTHER INFORMATION CONTACT: revised to read as follows: oversight, independence, funding, and Mary Ann Nash, Counsel, 202–874– other requirements for the audit § 70.77 Charges for continuous poultry or 5090; or Martha Clarke, Counsel, committees of certain public issuers. It rabbit grading performed on a resident Legislative & Regulatory Activities requires the SEC to issue implementing basis. Division, 202–874–5090. rules that prohibit any national * * * * * SUPPLEMENTARY INFORMATION: securities exchange or national (a) * * * Background securities association from listing the (4) For poultry grading: An securities of an issuer that fails to administrative service charge based Section 12(i) of the Exchange Act comply with these audit committee upon the aggregate weight of the total vests the OCC with the powers, requirements. The SEC issued final volume of all live and ready-to-cook functions, and duties otherwise vested rules to implement section 301 on April poultry handled in the plant per billing with the Securities and Exchange 9, 2003.4 The rules took effect on April period computed in accordance with the Commission (SEC) to administer and 25, 2003. In the rules, the SEC applies following: Total pounds per billing enforce certain provisions of the section 301 only to public issuers listed period multiplied by $0.00037, except Exchange Act as they apply to national on a national securities exchange or that the minimum charge per billing banks that have a class of securities listed in an automated inter-dealer period shall be $260 and the maximum registered under the Exchange Act quotation system of a national securities charge shall be $2,755. The minimum (registered national banks).1 association.5 Thus, section 301 applies charge also applies where an approved only to registered national banks that application is in effect and no product 1 Under section 12(i), the OCC and the other are so listed. is handled. Federal banking agencies have the power to issue • Section 302 requires the SEC to rules that are necessary to carry out their functions * * * * * under the Exchange Act. These rules are required adopt rules that require the principal Dated: December 4, 2003. to be substantially similar to the SEC’s rules unless executive officers and principal a Federal banking agency determines that financial officers of public issuers to A.J. Yates, substantially similar regulations with respect to the Administrator, Agricultural Marketing insured depository institutions that it supervises are 2 Pub. L. 107–204, 116 Stat. 745 (July 30, 2002). Service. not necessary or appropriate in the public interest or for the protection of investors and the agency 3 15 U.S.C. 78j–1(m). [FR Doc. 03–30596 Filed 12–8–03; 8:45 am] publishes its findings in the Federal Register 4 68 FR 18788 (April 16, 2003). BILLING CODE 3410–02–P within 60 days after the SEC issues regulations. 5 Id. at 18790; 17 CFR 240.10A–3(e)(9).

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include certain certifications in the ‘‘blackout period’’ generally is a period at least one financial expert and, if not, issuer’s annual and quarterly reports of three consecutive business days the reasons why the audit committee filed under the Exchange Act. The SEC during which trading in the issuer’s does not include such an expert. The issued final rules implementing this securities is suspended for 50% or more SEC published a final rule section on August 29, 2002.6 The rules of the beneficiaries of the issuer’s implementing this section on January took effect on the same day. individual account plans. The SEC 31, 2003.13 The requirements of that • Section 303 requires the SEC to adopted final regulations pursuant to rule took effect on March 3, 2003. issue rules prohibiting the officers and section 306(a) on January 26, 2003.8 The Description of the Final Rule directors of public issuers, and persons rules took effect on the same day. acting under their direction, from • Section 401(b) requires the SEC to On May 21, 2003, the OCC published fraudulently influencing, coercing, issue rules that prohibit issuers from in the Federal Register a notice of manipulating, or misleading the issuer’s including misleading pro forma proposed rulemaking (NPRM) independent auditor for purposes of financial information in their reports requesting comment on a proposed rendering the issuer’s financial under the securities laws or in any regulation implementing the provisions statements materially misleading. The public release. Issuers also must of the Sarbanes-Oxley Act. 68 FR 27753. SEC published a final rule reconcile any pro forma financial The OCC did not receive any comments implementing this section on May 28, information included in such filings or in response to the proposed rule. The 2003.7 The rule took effect on June 27, public releases with the issuer’s OCC, therefore, is adopting the final rule 2003. financial statements prepared in as proposed with only technical • Section 304 requires the chief accordance with generally accepted changes. executive officer and chief financial accounting principles (GAAP). The SEC Part 11 of the OCC’s regulations, officer of public issuers to reimburse the has issued final implementing entitled ‘‘Securities Exchange Act issuer for certain compensation and regulations,9 which apply to releases Disclosure Rules,’’ currently profits received if the issuer is required and disclosures made after March 28, implements the requirements of section to restate its financial reports due to 2003, and to annual and quarterly 12(i) by applying to registered national material noncompliance, as a result of reports filed with respect to fiscal banks, by means of cross-reference, the misconduct, with any financial periods ending after March 28, 2003. SEC’s regulations implementing the reporting requirements under the • Section 404 mandates that the SEC reporting and disclosure provisions of Federal securities laws. The issue rules that require all annual sections 12, 13, 14(a), 14(c), 14(d), 14(f), requirements of section 304 took effect reports filed under section 13(a) or 15(d) and 16 of the Exchange Act. Part 11 on July 30, 2002. No implementing of the Exchange Act to include certain requires national banks to file with the regulations are required. statements and assessments related to OCC any reports or forms required by • Section 306(a) prohibits the the issuer’s internal control structures the SEC’s regulations. directors and executive officers of any and procedures for financial reporting.10 We are amending part 11 to reflect the public issuer of equity securities from There is no statutory deadline for new provisions of the Sarbanes-Oxley purchasing, selling, or transferring any adoption of final rules implementing the Act that the OCC is required to equity security acquired by the director requirements of section 404. The SEC administer and enforce with respect to or executive officer in connection with adopted final regulations on June 5, registered national banks. Accordingly, his or her service as a director or 2003.11 the final rule revises § 11.2 to cross- executive officer during any ‘‘blackout • Section 406 mandates that the SEC reference new subsection 10A(m) of the period’’ with respect to the security. A adopt rules that require public issuers to Exchange Act and sections 302, 303, (1) disclose in their periodic reports 304, 306, 401(b), 404, 406, and 407 of 6 67 FR 57275 (Sept. 9, 2002). Section 906 of the filed under the Exchange Act whether the Sarbanes-Oxley Act. The effect of Sarbanes-Oxley Act is a criminal statute and the issuer has adopted a code of ethics the final rule is to require registered includes another certification requirement that is for its senior financial officers and, if national banks to comply with the rules separate from the certification requirements of issued by the SEC pursuant to those section 302. Section 906 provides that all periodic not, the reasons why such a code has reports that contain financial statements and that not been adopted; and (2) promptly statutory provisions. are filed by public issuers under sections 13(a) or disclose on Form 8-K any change to, or Part 16 of the OCC’s regulations, 15(d) of the Exchange Act must include a written waiver of, the issuer’s code of ethics. entitled ‘‘Securities Offering Disclosure certification by the chief executive officer and chief Rules,’’ sets forth rules governing the financial officer (or equivalent) that (1) the report The SEC published a final rule complies with the requirements of section 13(a) or implementing this section on January offer and sale of securities by national 15(d) of the Exchange Act, and (2) the information 31, 2003.12 The requirements of that bank issuers that are not subject to the contained in the periodic report fairly presents, in rule took effect on March 3, 2003. registration and reporting requirements all material respects, the financial condition and • Section 407 mandates that the SEC of the Securities Act of 1933.14 Section results of operations of the issuer. Section 906 16.20 of the regulation mirrors the became effective on July 30, 2002, and persons who adopt rules that require public issuers to knowingly or willfully make false certifications are disclose in their periodic reports filed requirements of section 15(d) of the subject to specified criminal penalties. See 18 under the Exchange Act whether the Exchange Act.15 It requires each U.S.C. 1350. The plain language of section 906 audit committee of the issuer includes national bank that files a registration specifically refers to periodic reports filed by a statement that has been declared public issuer with the SEC although Section 12(i) of the Exchange Act requires bank issuers to file 8 68 FR 4338 (Jan. 28, 2003). effective by the OCC pursuant to part 16 periodic reports with their banking regulator. 9 68 FR 4820 (Jan. 30, 2003). to file the current and periodic reports Because section 906 is a criminal statute, the 10 Section 404 also requires the registered public required by section 13 of the Exchange Department of Justice has jurisdiction to determine accounting firm that prepares or issues the audit Act 16 in accordance with the SEC’s whether the requirements of the statute apply to report for the issuer’s annual report to attest to, and issuers that file their periodic reports with the report on, the issuer’s assessment of its internal Federal banking agencies rather than the SEC. Until control structures and procedures for financial 13 68 FR 5110 (Jan. 31, 2003). the Department of Justice clarifies this issue, reporting. 14 As of December 31, 2002, there were national bank issuers should continue to file their 11 68 FR 36636 (June 18, 2003). The effective approximately 20 national banks subject to the section 906 certifications as part of the periodic dates vary depending upon the type of filer and the requirements of § 16.20. reports that they file with the OCC. particular requirement. 15 15 U.S.C. 78o(d). 7 68 FR 31820 (May 28, 2003). 12 68 FR 5110 (Jan. 31, 2003). 16 15 U.S.C. 78m.

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regulation 15D, as if the securities delayed effective date requirement of Paperwork Reduction Act of 1995 covered by the registration statement the Administrative Procedure Act. See 5 In accordance with the requirements were securities registered pursuant to U.S.C. 553(d). Section 302 of the Riegle of the Paperwork Reduction Act of 1995, section 12 of the Exchange Act. Community Development and The final rule revises § 16.20 to the OCC may not conduct or sponsor, Regulatory Improvement Act of 1994 and a respondent is not required to continue to reference section 13 of the (CDRI Act), 12 U.S.C. 4802(b), provides Exchange Act 17 and to add a cross- respond to, an information collection that regulations that impose additional unless it displays a currently valid reference to the requirements of the reporting, disclosure, or other revised § 11.2(a)(1)(ii). The effect of the Office of Management and Budget requirements on insured depository (OMB) control number. final rule is to require banks filing institutions may not take effect before registration statements pursuant to part The information collection the first day of the quarter following requirements contained in the notice of 16 to continue to comply with section publication unless the agency finds that 13 of the Exchange Act and those proposed rulemaking (68 FR 27753, May there is good cause to make the rule 21, 2003) were submitted to OMB for sections of the Sarbanes-Oxley Act that effective at an earlier date.20 The are directly applicable to section 15(d) review and approved by OMB under requirements of the Sarbanes-Oxley Act OMB Control Numbers 1557–0106 filers and that are administered and that are applied to national banks by the enforced by the OCC with respect to ((MA)-Securities Exchange Act final rule are already in effect for those Disclosure Rules ‘‘12 CFR 11) and registered national banks. The final rule entities that are directly subject to the is thus consistent with the objectives of 1557–0120 ((MA)-Securities Offering Act. Comparable regulation for national Disclosure Rules ‘‘12 CFR 16). part 16, which we adopted in order to banks and similarly situated non-bank promote generally comparable treatment The OCC solicited comments on the entities is best achieved by minimizing between national bank issuers of information collection requirements additional delay in applying those securities and other issuers that are contained notice of proposed requirements to national banks. directly subject to section 15(d).18 rulemaking. The OCC received no Sections 11.2 and 16.20 currently Accordingly, the OCC has determined comments. cross-reference both the statutory that there is good cause to dispense with The collections contained in the final provisions that the OCC has the the requirements of the CDRI Act. rule are unchanged from the proposed authority to administer and enforce and Regulatory Analysis rule. the SEC’s regulations implementing The OCC is amending 12 CFR part 11 those provisions. The final rule removes Regulatory Flexibility Act to reflect amendments to section 12(i) of cross-references to the specific sections the Securities Exchange Act of 1934 Pursuant to section 605(b) of the of the SEC’s regulations in favor of a (Exchange Act) made by the Sarbanes- Regulatory Flexibility Act, 5 U.S.C. more general reference to the rules, Oxley Act of 2002. These amendments 605(b) (RFA), the regulatory flexibility regulations, and forms adopted by the to section 12(i) give the OCC the SEC pursuant to the listed statutory analysis otherwise required under authority to administer and enforce a provisions. The existing statutory cross- section 604 of the RFA is not required number of the Sarbanes-Oxley Act’s references in parts 11 and 16 are if the agency certifies that the rule will new reporting, disclosure, and corporate adequate, in our judgment, to alert not have a significant economic impact governance requirements with respect to registered national banks and national on a substantial number of small entities national banks that have a class of banks required by part 16 to make and publishes its certification and a securities registered under the Exchange filings pursuant to section 15(d) of the short, explanatory statement in the Act. Exchange Act of the requirements that Federal Register along with its rule. As The OCC is also making conforming apply to them and to prompt them to of December 31, 2002, there were amendments to 12 CFR part 16, which consult the appropriate SEC regulations. approximately 25 national banks that prescribes securities offering disclosure National banks may also monitor the had a class of securities registered under rules for national banks that issue Federal Register, the SEC’s Web site,19 sections 12(b) or 12(g) of the Exchange securities that are not subject to the and other appropriate publications to Act and therefore subject to the registration requirements of the ensure that they are aware of amendments to part 11. As of the same Securities Act of 1933. developments that affect them. If the date, only 15 of these institutions have 12 CFR part 11 references the rules or forms issued by the SEC under assets of less than $100 million and are applicable SEC regulations. The OCC these sections require issuers to file considered small entities for purposes of does not maintain its own forms for documents with the SEC, national banks the RFA. See 5 U.S.C. 601; 13 CFR collecting information and instead must make such filings with the OCC in 121.201. As of December 31, 2002, there requires reporting banks to file SEC accordance with the provisions of part were approximately 20 national banks forms. Part 11 ensures that publicly 11 or part 16, as appropriate. subject to part 16 reporting owned national banks provide adequate requirements. CDRI Act Delayed Effective Date information about their operation to Based on the relatively small number current and potential shareholders, This final rule takes effect 30 days of national banks affected by the final depositors, and to the public. The OCC after the date of its publication in the rule and the fact that the requirements reviews the information to ensure that it Federal Register, consistent with the will not materially change the operating complies with Federal law and makes environment for those banks, the OCC public all information required to be 17 The proposal also referenced section 10A(m) of the Exchange Act. That reference is removed from hereby certifies that this rulemaking filed under these rules. Investors, the final rule because the SEC has not applied the will not have a significant economic depositors, and the public use the requirements of section 10A(m) to section 15(d) impact on a substantial number of small information to make informed filers in its final rules. See 68 FR at 18790. entities. Accordingly, a regulatory investment decisions. 18 See 59 FR 54789, 54790 (Nov. 2, 1994) (preamble to most recent substantive revisions to flexibility analysis is not needed. Title: (MA)-Securities Exchange Act part 16). Disclosure Rules (12 CFR 11). 19 See http://www.sec.gov. 20 Pub. L. 103–325, 12 U.S.C. 4802. OMB Number: 1557–0106.

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Form Numbers: SEC Forms 3, 4, 5, 8– procedures in any request to the OCC § 11.2 Reporting requirements for K, 10, 10–K, 10–Q, Schedules 13D, 13G, for a no-objection letter. registered national banks. 14A, 14B, and 14C. Estimated number of respondents: 73. (a) Filing, disclosure and other Estimated number of respondents: 65. Estimated number of responses: 73. requirements—(1) General. Except as otherwise provided in this section, a Estimated number of responses: 331. Average hours per response: Varies. Average hours per response: Varies. national bank whose securities are Estimated total burden hours: 2,333 Estimated total burden hours: 3,055 subject to registration pursuant to hours. hours. section 12(b) or section 12(g) of the 1934 The likely respondents: National Likely respondents: National banks. Act (15 U.S.C. 78l(b) and (g)) shall banks, individuals. Unfunded Mandates Reform Act comply with the rules, regulations, and The information collection forms adopted by the Securities and requirements in 12 CFR part 16 enable Section 202 of the Unfunded Exchange Commission (Commission) the OCC to perform its responsibilities Mandates Reform Act of 1995 requires pursuant to: relating to offerings of securities by that an agency prepare a budgetary (i) Sections 10A(m), 12, 13, 14(a), national banks by providing the impact statement before promulgating a 14(c), 14(d), 14(f), and 16 of the 1934 investing public with facts about the rule that includes a Federal mandate Act (15 U.S.C. 78f(m), 78l, 78m, 78n(a), condition of a bank, the reasons for that may result in expenditure by State, (c), (d) and (f), and 78p); and raising new capital, and the terms of local, and tribal governments, in the (ii) Sections 302, 303, 304, 306, securities offerings. Part 16 generally aggregate, or by the private sector, or 401(b), 404, 406, and 407 of the requires banks to conform to the $100 million or more in any one year. Sarbanes-Oxley Act of 2002 (codified at Securities and Exchange Commission If a budgetary impact statement is 15 U.S.C. 7241, 7242, 7243, 7244, 7261, rules. required, section 205 of the Unfunded 7262, 7264, and 7265). Title: (MA)-Securities Offering Mandates Reform Act also requires an (2) [Reserved.] Disclosure Rules (12 CFR 16). agency to identify and consider a (b) References to the Commission. OMB Number: 1557–0120. reasonable number of regulatory Any references to the ‘‘Securities and Description: Sections 16.3 and 16.5 alternatives before promulgating a rule. Exchange Commission’’ or the require a national bank to file its The OCC has determined that this final ‘‘Commission’’ in the rules, regulations registration statement with the OCC. rule will not result in expenditure by and forms described in paragraph (a)(1) Section 16.4 requires a national bank to State, local, and tribal governments, in of this section shall with respect to submit certain communications not the aggregate, or by the private sector, or securities issued by registered national deemed an offer to the OCC. Section $100 million or more in any one year. banks be deemed to refer to the OCC 16.5 provides an exemption for items Accordingly, we have not prepared a unless the context otherwise requires. that satisfy the requirements of SEC budgetary impact statement. PART 16—SECURITIES OFFERING Rule 144, which, in turn, requires Executive Order 12866 certain filings. Section 16.6 requires a DISCLOSURE RULES national bank to file documents with the The Comptroller of the Currency has determined that this final rule does not ■ 1. The authority citation for part 16 OCC and to make certain disclosures to continues to read as follows: purchasers in sales of nonconvertible constitute a ‘‘significant regulatory debt. Section 16.7 requires a national action’’ for the purposes of Executive Authority: 12 U.S.C. 1 et seq. and 93a. Order 12866. bank to file a notice with the OCC. ■ 2. Section 16.20 is revised to read as Section 16.8 requires a national bank to List of Subjects follows: file offering documents with the OCC. Section 16.15 requires a national bank 12 CFR Part 11 § 16.20 Compliance with requirements of the securities laws. to file a registration statement and sets Confidential business information, forth content requirements for the National banks, Reporting and (a) Each bank that files a registration registration statement. Section 16.17 recordkeeping requirements, Securities. statement that has been declared requires a national bank to file four effective pursuant to this part shall copies of each document filed under 12 CFR Part 16 comply with the rules, regulations, and part 16, and requires filers of National banks, Reporting and forms adopted by the Commission amendments or revisions to underline recordkeeping requirements, Securities. pursuant to section 13 of the Exchange or otherwise indicate clearly any Act and those provisions of the changed information. Section 16.18 Authority and Issuance Sarbanes-Oxley Act of 2002 that are requires a national bank to file an listed in 12 CFR 11.2(a)(1)(ii) of this ■ amended prospectus when the For the reasons set forth in the chapter as if the securities covered by information in the current prospectus preamble, the OCC amends parts 11 and the registration statement were becomes stale, or when a change in 16 of chapter I of title 12 of the Code of securities registered pursuant to section circumstances makes the current Federal Regulations as follows: 12 of the Exchange Act (15 U.S.C. 78l). prospectus incorrect. Section 16.19 PART 11—SECURITIES EXCHANGE (b) Suspension of the duty to file requires a national bank to submit a ACT DISCLOSURE RULES current and periodic reports under this request to the OCC if it wishes to section will be in accordance with withdraw a registration statement, ■ 1. The authority citation for part 11 is section 15(d) of the Exchange Act (15 amendment, or exhibit. Section 16.20 revised to read as follows: U.S.C. 78o(d)). requires a national bank to file current (c) Paragraph (a) of this section does Authority: 12 U.S.C. 93a; 15 U.S.C. 78l, and periodic reports as required by 78m, 78n, 78p, 78w, 7241, 7242, 7243, 7244, not apply if the bank is a subsidiary of sections 12 and 13 of the Exchange Act 7261, 7262, 7264, and 7265. a one-bank holding company, the and SEC Regulation 15D. Section 16.30 financial statements of the bank and the requires a national bank to include ■ 2. Section 11.2 is revised to read as parent bank holding company are certain elements and follow certain follows: substantially the same, and the bank’s

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parent bank holding company files SUPPLEMENTARY INFORMATION: The GLB Act also permits an FHC to current and periodic reports pursuant to engage in a nonfinancial activity if the A. Background section 13 of the Exchange Act (15 Board determines that the activity is U.S.C. 78m). The Bank Holding Company Act (12 ‘‘complementary to a financial activity (d) Paragraph (a) of this section does U.S.C. 1841 et seq.) (BHC Act), as and does not pose a substantial risk to not apply if the bank files the amended by the Gramm-Leach-Bliley the safety and soundness of depository registration statement in connection Act (GLB Act),1 permits all bank institutions or the financial system with a merger, consolidation, or holding companies to engage in any generally.’’8 This authority was acquisition of assets subject to 12 CFR nonbanking activity that the Board had intended to permit the Board to 5.33(e)(8). determined, by order or regulation prior authorize an FHC to engage, to a limited Dated: November 25, 2003. to November 12, 1999, to be ‘‘so closely extent, in activities that appear to be John D. Hawke, Jr., related to banking as to be a proper commercial if a meaningful connection incident thereto’’ under section 4(c)(8) exists between the proposed commercial Comptroller of the Currency. of the BHC Act.2 The GLB Act requires activity and the FHC’s financial [FR Doc. 03–30442 Filed 12–8–03; 8:45 am] bank holding companies to conduct activities and the proposed commercial BILLING CODE 4810–33–P these activities subject to the terms and activity would not pose undue risks to conditions contained in the Board’s the safety and soundness of the FHC’s regulation or order authorizing the affiliated depository institutions or the FEDERAL RESERVE SYSTEM activity, unless the Board modifies those financial system. The GLB Act requires terms or conditions.3 an FHC to obtain the Board’s approval 12 CFR Part 225 The GLB Act also permits a bank under section 4(j) of the BHC Act prior [Regulation Y; Docket No. R–1092] holding company or foreign bank that to engaging in an activity that the FHC has made an effective election to believes is complementary to financial Bank Holding Companies and Change become a financial holding company activities.9 in Bank Control (FHC) to engage in a broader range of B. Board Proposal AGENCY: Board of Governors of the activities that the GLB Act defines as Following passage of the GLB Act, Federal Reserve System. being financial in nature or incidental to a financial activity, including the sale of several FHCs, represented by their trade ACTION: Final rule. insurance as principal or agent, full- associations, requested that the Board SUMMARY: The Board is amending scope securities underwriting and authorize FHCs to engage in, or invest Regulation Y to expand the ability of all dealing, and merchant banking.4 FHCs in companies engaged in, a wide range bank holding companies, including also may engage in any other activity of data processing, technology, financial holding companies, to process, that the Board, in consultation with the communication and e:commerce-related store and transmit nonfinancial data in Secretary of the Treasury, determines to activities. In response to these requests, connection with their financial data be financial in nature or incidental to a the Board took several steps. In processing, storage and transmission financial activity.5 The text and December 2000, the Board adopted a activities. Specifically, the Board is legislative history of the GLB Act final rule that authorizes FHCs to act as raising the revenue limit that currently indicate that the ‘‘financial in nature’’ a ‘‘finder’’ through electronic or other applies to the nonfinancial data test was intended to be broader and means and thereby bring together buyers processing activities of bank holding more flexible than the ‘‘closely related and sellers of financial and nonfinancial companies from 30 percent to 49 to banking’’ standard that previously products for transactions that the parties percent. The Board also announced that governed the scope of permissible themselves negotiate and it will consider proposals by a financial nonbanking activities under section consummate.10 The Board’s Finder Rule holding company to engage in, or 4(c)(8) of the BHC Act.6 Moreover, the addressed several of the activities acquire a company engaged in, other factors that the Board is directed to requested by the FHCs and permits nonfinancial data processing, consider in determining whether an FHCs, among other things, to— information portal, and technology- activity is financial in nature or • Host an electronic marketplace on related activities that the financial incidental to financial activities the FHC’s Internet Web site that holding company believes are indicates that the scope of financial and provides hypertext links to the Web complementary to financial activities on incidental activities may expand over sites of third parties; a case-by-case basis in accordance with time in light of, among other things, • Host the Web site of a merchant that the procedures established by section changes in the marketplace in which 4(j) of the Bank Holding Company Act. FHCs compete.7 and in the technology for delivering financial services; and (3) whether the activity is necessary EFFECTIVE DATE: The final rule is or appropriate to allow FHCs to compete effectively 1 effective January 8, 2004. Pub. L. 106–102, 113 Stat. 1338 (1999). with other companies providing financial services, 2 See 12 U.S.C. 1843(c)(8). FOR FURTHER INFORMATION CONTACT: to deliver efficiently information and services that 3 See id. are financial in nature through the use of Scott G. Alvarez, Associate General 4 See 12 U.S.C. 1843(k)(4)(B), (E) and (H). technological means, including any application Counsel (202–452–3583), or Kieran J. 5 See 12 U.S.C. 1843(k)(1)(A), (2) and (4). necessary to protect the security or efficacy of Fallon, Managing Senior Counsel (202– 6 See H. Rept. No. 106–434 at 153 (1999) systems for the transmission of data or financial 452–5270), Legal Division; David Reilly, (‘‘Permitting banks to affiliate with firms engaged in transactions, and to offer customers any available or emerging technological means for using financial Senior Supervisory Financial Analyst financial activities represents a significant expansion from the current requirement that bank services or for the document imaging of data. See (202–452–5214), Division of Banking affiliates may only be engaged in activities that are 12 U.S.C. 1843(k)(3). Supervision and Regulation; Board of closely related to banking.’’). 8 See id. at section 1843(k)(1)(B). Governors of the Federal Reserve 7 The GLB Act directs the Board to consider a 9 See 12 U.S.C. 1843(j)(1)(A) and (E). System, 20th Street and Constitution variety of factors in considering whether an activity 10 See 65 FR 80735, Dec. 22, 2000 (Finder Rule). is financial in nature or incidental thereto, The Board, in consultation with the Secretary of the Avenue, NW., Washington, DC 20551 including (1) The purposes of the BHC Act and the Treasury, determined that acting as finder, as For users of Telecommunications for the GLB Act; (2) changes and reasonably expected defined in the rule, is an activity that is incidental Deaf (‘‘TDD’’) only, call 202–263–4869. changes in the marketplace in which FHCs compete to financial activities.

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provides information concerning 20 percent of its total revenues from associations that represent banking the merchant and its products and financial data processing activities, organizations, securities firms and other permits buyers to submit orders for providing data processing services to financial service providers. All of the such products or services; and depository institutions and their commenters supported Board action in • Operate an Internet Web site that affiliates, and the sale of other financial this area and the Board’s efforts to allows multiple buyers and sellers products and services; and (3) expand the range of activities to exchange information concerning information portal services over permissible for bank holding companies the products and services that they electronic networks.14 The Board and FHCs. Several commenters also are willing to purchase or sell, indicated that an FHC would be stated that the proposal was consistent locate potential counterparties for expected to market and provide with Congress’s desire, as expressed in transactions and enter into financial products or services through the GLB Act, to allow FHCs to engage transactions between themselves. any information portal owned under the in an expanded range of financially To address other aspects of the FHCs’ proposed authority. The Board asked for related activities. Commenters also requests, the Board in December 2000, comment on whether the connections indicated that the proposal would allow requested comment on a proposed rule described above between the acquired bank holding companies to develop that would modify the limits imposed company’s nonfinancial and financial additional sources of revenue and by the Board on the amount of activities were sufficient to ensure that would not present significant safety and nonfinancial data processing activities the acquired company’s nonfinancial soundness concerns. that a bank holding company may activities were complementary to 1. Amending Existing Limits on conduct in connection with its financial financial activities within the meaning Nonfinancial Data Processing Activities data processing activities.11 Regulation of the GLB Act. Consistent with the GLB Y currently permits all bank holding Act, the Board also proposed to require Commenters strongly supported the companies to provide data processing that FHCs obtain the Board’s prior Board’s proposal to increase, from 30 and data transmission services, facilities approval under section 4(j) of the BHC percent to 49 percent, the amount of (including data processing and data Act for any proposed investment under data processing revenues that a bank transmission hardware, software, these complementary authorities.15 holding company or nonbank subsidiary documentation, or operating personnel), The Board also solicited the public’s engaged in financial data processing data bases, advice and access to such views on whether the Board should activities may derive from processing services, facilities and data to any develop a proposal that would authorize nonfinancial data. Commenters stated customer if the data processed or FHCs to invest in companies engaged in that there are no operational or furnished are financial, banking or developing new technologies that might functional differences between economic in nature.12 Regulation Y also support the marketing or sale of processing financial and nonfinancial currently permits a bank holding financial products or services, providing data and that the proposal would allow company or nonbank subsidiary communication links, or selling and bank holding companies to use more engaged in processing financial data to distributing financial and nonfinancial efficiently the systems, expertise and provide data processing services for products and services through resources that they have developed for nonfinancial data so long as the annual electronic means. The Board asked processing financial data. Commenters revenues derived by the company or commenters supporting further Board also stated that bank holding companies subsidiary from its nonfinancial data action with respect to these investments have gained experience in processing processing activities does not exceed 30 to provide detailed arguments and data nonfinancial data under the more percent of the total annual revenue that would support a finding that limited authority currently available derived by the company or subsidiary investments in companies engaged in under Regulation Y, and that the from providing data processing services these activities are financial in nature or proposal would allow bank holding under section 225.28(b)(14).13 The incidental or complementary to companies to meet the needs of their Board proposed increasing this limit on financial activities. The Board also customers more effectively. Also, customers increasingly are nonfinancial data processing activities sought comment on a variety of other seeking data processing services that from 30 percent to 49 percent. potential issues associated with these can satisfy both the financial and The proposal also requested comment investments, including whether nonfinancial data processing needs of on whether the Board should authorize authorizing such investments would be the customer. For example, some an FHC to invest, as a complementary consistent with the intent of the GLB hospitals that previously sought only activity, up to 5 percent of its Tier 1 Act to maintain the general separation billing, payroll and accounting data capital in companies that provide (1) of banking and commerce, and whether processing services from bank holding Data storage services for any type of investments in such companies, if data, so long as the company also companies now seek a more complete permitted, should be limited to non- provided data storage services for package of data processing services that controlling positions. financial data; (2) general data include medical record organization, processing services for any type of data, C. Overview of Public Comments storage and retrieval, as well as billing, so long as the company derived at least The Board received thirteen payroll and accounting services. comments on the proposal from banks, 11 2. General Data Processing, Storage and See 65 FR 80384, Dec. 21, 2000. bank holding companies, and trade 12 See 12 CFR 225.28(b)(14)(i). The phrases ‘‘data Portal Services by FHCs processing services’’ and ‘‘data processing Commenters also supported the activities’’ used herein refer collectively to the 14 Electronic information portal services involve broad array of data processing and data providing or facilitating the search, exchange, proposal to allow FHCs to invest in transmission services and functions described consolidation, screening, filtering or aggregation of companies engaged in general data above that a bank holding company may perform any type of information over electronic networks, storage, general data processing, or under section 225.28(b)(14). and may include acting as an Internet service electronic information portal activities. 13 provider and providing on-line search engines, See id. at section 225.28(b)(14)(ii); Letter from Commenters offered several reasons Scott G. Alvarez, Associate General Counsel of the bulletin boards, newsgroup services and ‘‘chat’’ Board, to Bryan G. Handlos, Esq., dated March 8, rooms. why the Board should find such 1999. 15 See 12 U.S.C. 1843(j)(1)(A) and (E). investments to be financial in nature,

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incidental to financial activities or streamlined notice procedure for amends the limitations previously complementary to financial activities. complementary investments. One imposed by the Board to allow all bank For example, some commenters argued commenter, however, asserted that the holding companies additional flexibility that data processing and data storage prior approval process was appropriate to process, store and transmit activities are, by their nature, financial and would allow the Board to review nonfinancial data in connection with activities regardless of the type of data and address on an individualized basis their financial data processing, storage involved. Others argued that the the issues associated with proposals by and transmission activities. The Board proposed activities were similar to, or FHCs to engage in complementary believes that the final rule will enhance an appropriate extension of, the existing activities. the ability of bank holding companies to data processing activities of bank 3. Broad technology, communication compete in the market for data holding companies or the ‘‘finder’’ and e:commerce investments by FHCs processing services and respond to the activities permissible for FHCs.16 financial and nonfinancial data Similarly, some commenters contended Commenters generally favored processing needs of their customers. that general data storage activities are allowing FHCs to invest in companies The Board also believes that amending functionally similar to the safe deposit engaged in developing new technology, the limitations in this manner would and custody services that banks have providing communication links, or not negatively affect the safety and traditionally offered to their customers. marketing or selling financial and soundness of bank holding companies Alternatively, commenters asserted nonfinancial products or services and their depository institution that the connections required by the through electronic means and subsidiaries. proposed rule between the acquired encouraged the Board to take steps to As discussed further below, the Board company’s nonfinancial activities and determine that these types of also believes that there are a variety of financial activities were sufficient to investments are financial in nature or ways that additional nonfinancial data demonstrate that the investments were incidental or complementary to processing, information portal and other complementary to financial activities for financial activities. Only a few technology-related investments and purposes of the GLB Act. Some, commenters, however, addressed activities may be complementary to the however, argued that the proposed specifically this aspect of the proposal financial activities of an FHC within the investments should be deemed and the Board’s questions concerning meaning of the GLB Act. However, the incidental to financial activities if the these types of investments. Commenters factors and relationships that may acquired company engaged in any generally asserted that the financial demonstrate that a proposed activity or financial data processing activities or industry increasingly relies on investment by an FHC is did so to a substantial extent. Similarly, technology, communication systems, complementary to the financial some commenters argued that investing and electronic sales channels to support activities of the FHC may vary based on in a company providing information the marketing and sale of financial the facts and circumstances associated portal services should be deemed to be products and services. Commenters also with the proposal. In light of these facts, incidental to financial activities if the asserted that new technologies, systems and the limited record developed during portal was used to sell financial and networks often are developed and this rulemaking, the Board believes it is products or services, or if the company operated to support a wide range of appropriate at this time to review operating the portal derived a certain financial and nonfinancial applications, proposals by FHCs to engage in, or and that companies providing these portion of its revenues (e.g. 50 percent) acquire a company engaged in, a services may seek equity (rather than from financial activities. complementary activity on a case-by- Several commenters opposed the contractual) partners. In light of these case basis in accordance with the prior proposed 5 percent Tier 1 capital limit developments, commenters argued that notice procedures established by section on investments made by FHCs in FHCs must be able to invest in 4(j) of the BHC Act. The Board expects companies providing general data companies developing or operating new to revisit whether it would be processing, data storage or information technologies, communication systems appropriate to propose a rule permitting portal services. These commenters and electronic sales channels to ensure FHCs generally to engage in, or invest in argued that the 5 percent investment that these technologies, systems and companies engaged in, additional limit was too low, was unnecessary to networks will meet the needs of the nonfinancial data processing, address any potential safety and financial industry, and to ensure that information portal or other technology- soundness issues, or would force FHCs FHCs do not become reliant on third related activities after the Board has to sell profitable investments or engage parties for the tools and delivery gained experience in reviewing requests in these activities only through separate channels that may be used in the by individual FHCs to engage subsidiaries.17 marketing and sale of financial products complementary activities. Some commenters also asserted that and services. Some commenters also the 60-day prior notice requirement for noted that while FHCs may invest in 1. Expanded Nonfinancial Data complementary investments would technology-related companies under the Processing Authority for All Bank impede the ability of FHCs to respond GLB Act’s merchant banking Holding Companies 18 quickly to investment opportunities and authority, the cross-marketing Section 225.28(b)(14) of Regulation Y marketplace developments, and asked restrictions imposed on merchant currently permits bank holding the Board to consider establishing a banking investments by the GLB Act companies, including FHCs, to provide may diminish the ability of FHCs to data processing services (including 16 A few commenters asserted that the Board compete for these investments. software, hardware, advice and should reclassify acting as a ‘‘finder’’ as an activity D. Explanation of Final Rule personnel) to any customer if the data that is financial in nature, or should expand the to be processed is financial, banking or types of services that an FHC may provide when After carefully considering the economic in nature.19 The authority to acting as a finder. Such actions are outside the comments received on the proposal, the scope of this rulemaking. 17 A few commenters also stated that no special Board has adopted a final rule that 19 See 12 CFR 225.28(b)(14)(i). Any hardware regulatory capital charge should be imposed on the provided must be offered only in conjunction with proposed complementary investments. 18 See 12 U.S.C. 1843(k)(4)(H). Continued

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engage in financial data processing to leverage more effectively the data to the extent permitted by the 49- activities permits bank holding experience and resources they have percent revenue limit adopted by the companies to provide their customers developed from engaging in financial final rule.24 with a wide range of data processing data processing activities. In addition, A few commenters also asserted that services, including data processing by allowing bank holding companies to the Board should allow a bank holding related to payroll, accounts receivable process additional amounts of company to use any excess capacity that and accounts payable processing; bill nonfinancial data for their customers, may exist in the company’s data preparation and bill payment; the final rule should allow bank holding processing systems to process processing credit card, debit card and companies to achieve additional nonfinancial data. The Board previously ATM transactions and other electronic economies of scale and compete more has indicated that bank holding funds transfers; loan processing; credit effectively with nonbank providers of companies may use any excess capacity analysis; tax planning; accounting and data processing services. that results in good faith from the bank bookkeeping services; economic The 49-percent revenue limit holding company’s financial data forecasting; and data processing services included in the final rule ensures that processing activities under section to support the customer’s marketing, the data processing subsidiaries of bank 225.28(b)(14) to process nonfinancial sale and delivery of financial products holding companies operating under data, and bank holding companies may and services over the Internet or other section 4(c)(8) of the BHC Act remain continue to use their excess capacity in electronic networks, such as home predominantly engaged in processing this manner subject to the Board’s banking or securities brokerage financial, banking or economic data. regulations and policies governing these services.20 The Board believes this limit provides activities.25 The Board also previously Regulation Y also currently permits a reasonable assurances that any has indicated that revenue derived by a company engaged in financial data nonfinancial data processing activities bank holding company from the use of processing activities under section conducted by a bank holding company excess capacity is not included for 225.28(b)(14) to process nonfinancial under section 225.28(b)(14) will remain purposes of determining the company’s data so long as the annual revenue incidental to the company’s financial compliance with the rule’s revenue derived by the company from its data processing for purposes of section limit on nonfinancial data processing nonfinancial data processing activities 4(c)(8) of the BHC Act. activities.26 does not exceed 30 percent of the Bank holding companies that provide A bank holding company may use any company’s total annual data processing data processing services to customers currently available or newly developed revenues. As noted above, the Board should take appropriate steps to technological means, including proposed to raise this 30 percent limit maintain the security, integrity and dedicated or shared electronic facilities, on the nonfinancial data processing confidentiality of the customer’s data.22 the Internet and optical technology, to activities of bank holding companies to In addition, bank holding companies provide its customers permissible data 49 percent. Commenters strongly must take appropriate steps to ensure processing services. In addition, a bank supported this change for the reasons compliance with all applicable federal holding company may provide its outlined above. and state laws governing the privacy of customers data processing services The Board has amended its regulatory consumer data processed by the bank either as a stand-alone service or in limitation governing the conduct of data holding company on behalf of third conjunction with other products and processing activities previously parties. services that the bank holding company authorized for bank holding companies Several commenters asked the Board is authorized to provide under the BHC under section 4(c)(8) of the BHC Act to to clarify the ability of bank holding Act. raise the threshold on nonfinancial data companies to provide data storage, The Board notes, however, that the processing services as proposed.21 In retrieval and imaging services as part of authority to provide data processing accordance with the GLB Act, all bank their data processing activities under services for financial and nonfinancial holding companies, including FHCs, section 225.28(b)(14). Data storage, data does not authorize bank holding may take advantage of the expanded retrieval and imaging are functions that companies to engage in an activity data processing authority granted by the are an integral and often necessary part simply because it involves the use of a final rule. of data processing and data transmission computer or the transmission of data in The Board believes that the final rule activities. Accordingly, the Board electronic form. Section 225.28(b)(14) will allow all bank holding companies previously has indicated that the data processing services that bank holding 24 A few commenters expressed concern that any software designed and marketed for the processing companies may provide under section revenue-based limit on nonfinancial data and transmission of financial, banking or economic processing activities may be difficult to monitor or data, and any general purpose hardware may not 225.28(b)(14) include data storage, may cause pricing distortions in the market for data constitute more than 30 percent of the cost of any imaging and retrieval.23 In light of the processing services. These commenters did not packaged offering. See 12 CFR 225.28(b)(14)(i)(B). commenters’ requests, the Board has present any evidence indicating that the existing 20 See The Toronto-Dominion Bank, 83 Federal included language in the final rule that 30-percent test, which also is based on revenue, has Reserve Bulletin 335 (1997); Royal Bank of Canada, caused significant compliance or pricing 83 Federal Reserve Bulletin 135 (1997); Compagnie clarifies that bank holding companies difficulties, and the Board notes that other measures Financiere de Paribas, 82 Federal Reserve Bulletin may provide data storage, imaging and of activity (such as one based on the quantity of 348 (1996); BNCCORP, INC., 81 Federal Reserve retrieval services for financial, economic financial and nonfinancial data processed) likely Bulletin 294 (1995); The Bank of New York or banking data without limit, and may would be even more difficult for bank holding Company, Inc., 80 Federal Reserve Bulletin 1107 companies to monitor than the existing revenue- (1994); Bank One Corporation, 80 Federal Reserve provide such services for nonfinancial based test. Bulletin 139 (1994); see also Letter from J. Virgil 25 See 12 CFR 225.123(e)(1); Citicorp, 68 Federal Mattingly, General Counsel of the Board, to Thomas 22 See Federal Financial Institutions Examination Reserve Bulletin 505, 510 (1982). These policies A. Plant, Esq., dated Nov. 25, 1997. Council, IT Examination Handbook—Information prohibit a bank holding company from acquiring 21 See 12 U.S.C. 1843(c)(8). At the time the Board Security (Dec. 2002). equipment solely for the purpose of creating excess adopted the current 30-percent revenue limit on 23 See Royal Bank of Canada, 83 Federal Reserve capacity and limit the ability of bank holding nonfinancial data processing activities, the Board Bulletin 135 (1997); BNCCORP, INC., 81 Federal companies to provide hardware and software in specifically noted that it reserved the authority to Reserve Bulletin 295 (1995); State Street Boston connection with their sale or provision of excess review and adjust this limit as appropriate. See 62 Corporation, 81 Federal Reserve Bulletin 1049 data processing capacity. See 12 CFR 225.123(e)(1). FR 9290, 9304, Feb. 28, 1997. (1995). 26 See 62 FR 9290, 9304 at n.5, Feb. 28, 1997.

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permits a bank holding company to compliance with the revenue limit on a affiliates) and Congress currently is provide data processing services to consolidated or business-line basis considering legislation that would third-party customers to support the based on the experience gained from loosen these restrictions in several functions or activities of the customer. reviewing any such requests. important respects.28 Commenters also Where the bank holding company’s data presented little evidence that, in the 2. General Data Storage, Data processing activities represent the Board’s view, indicates why data Processing, Electronic Information conduct of a separate or different processing, information portal and the Portal, Technology, Communication and activity by the bank holding company other technology-related activities, E:Commerce Investments itself, the bank holding company must without limit on the type of data have the authority to engage in that In response to requests from FHCs, processed or amount of nonfinancial activity under other provisions of the Board also requested comment on data processed, should, in all Regulation Y. For example, while a bank whether the Board should adopt a rule circumstances, be found to be financial holding company may provide data permitting FHCs to invest, as a in nature or incidental to a financial processing support to an unaffiliated complementary activity, in any activity. insurance agency under section company that provides (1) Data storage The GLB Act does permit an FHC to 225.28(b)(14), such as, for example, by services for nonfinancial data without engage in, or acquire a company processing customer payments and regard to the revenue limitations engaged in, a nonfinancial activity if the optically scanning and storing the discussed above, so long as the Board determines that the activity is insurance policies issued by the agency, company provided data storage services complementary to financial activities a bank holding company may not itself for some financial data; (2) data and does not pose a substantial risk to sell insurance (through electronic means processing services for nonfinancial the safety and soundness of depository or otherwise) under section data, so long as the company derived at institutions or the financial system. As 225.28(b)(14). least 20 percent of its total revenues noted above, this authority was A few commenters asked that the from processing financial data, intended to provide the Board a Board permit bank holding companies processing data for depository mechanism to allow an FHC to engage to determine their compliance with the institutions, or the sale of other to a limited degree in commercial 49-percent revenue limit on financial products or services; or (3) activities if the proposed commercial nonfinancial data processing activities electronic information portal services.27 activities would meaningfully on a business line or organization-wide The Board proposed limiting the complement or enhance the financial basis. The Board recognizes that there aggregate carrying value of an FHC’s activities of the FHC, and the proposed may be situations where a bank holding investments in companies engaged in activities would not present undue risks company has bona fide operational these activities to 5 percent of the FHC’s to the subsidiary depository institutions reasons for conducting its financial and Tier 1 capital. FHCs also had requested of the FHC or the financial system. related nonfinancial data processing authority to invest in companies that The Board believes that there are a activities through separately develop technology that might support variety of relationships or connections incorporated subsidiaries. Accordingly, the marketing or sale of financial between a commercial activity or bank holding companies may request products or services in the future; investment and an FHC’s financial permission to administer the 49-percent provide communication linkages for any activities that may indicate that the revenue limit on a business-line or type of information; or market and sell activity or investment is complementary multiple-entity basis in appropriate nonfinancial and financial products or to the FHC’s activities within the circumstances. The Board has delegated services through electronic means. meaning of the GLB Act. Ultimately, the authority to its General Counsel, in The Board notes that much of the determination whether a commercial consultation with the Director of the need expressed by FHCs for authority to activity or investment is complementary Division of Banking Supervision and make these types of investments may be will depend on the nature of the activity Regulation, to review and act on these addressed by the Board’s decision to and the level and quality of the many requests. Such requests should describe raise the revenue limit on the types of connections that may exist the structure of the holding company’s nonfinancial data processing activities between the proposed activity or data processing operations, the of bank holding companies to 49 investment and the FHC’s financial methodology the holding company percent. In addition, the Board notes activities. proposes to use to administer the that FHCs currently have the authority The Board does not believe that the revenue test, and the reasons why the to make investments in data processing limited record developed during this holding company believes the proposed companies that do not comply with the rulemaking provides the Board a methodology is appropriate. The 49 percent revenue limit and other sufficient basis for determining, by rule, General Counsel or the Board where technology-related companies under the that nonfinancial data processing and appropriate will consider any request in GLB Act’s merchant banking authority. information portal activities are as a light of all the facts and circumstances, Although some commenters noted that general matter financial in nature, including the inter-relationships the cross-marketing restrictions incidental to a financial activity, or between the data processing activities applicable to merchant banking complementary to the financial conducted by the bank holding activities of FHCs. The Board also does company’s separate subsidiaries, the investments may diminish the not believe that the record is sufficient holding company’s business or attractiveness of this investment at this time to warrant developing a operational reasons for conducting its authority, the Board notes that these formal proposal requesting comment on data processing activities in different restrictions apply only to the depository whether the Board should determine, by subsidiaries, and the level of the institution subsidiaries of an FHC (and holding company’s ownership interest not to the FHC itself or its nonbank rule, that the other technology-related in the individual subsidiaries. 27 The Board indicated that it expected an FHC 28 See Financial Services Regulatory Relief Act of The Board will revisit whether it to market or provide financial products or services 2003, section 501, H.R. 1375, 108 Cong., 1st Sess. would be appropriate to authorize all through any electronic information portal service (2003); H. Rept. 108–152, Part 1, 108 Cong., 1st bank holding companies to monitor owned under this proposed authority. Sess. (2003).

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investments suggested by the initial sizes to process, store and transmit conduct or sponsor, and an organization FHC requestors are as a general matter nonfinancial data in connection with is not required to respond to, an financial in nature, incidental to a their financial data processing activities. information collection unless it displays financial activity, or complementary to The Board specifically requested a currently valid OMB control number. the financial activities of FHCs. comment on the likely burden that the As discussed in the SUPPLEMENTARY In light of the foregoing, the Board proposed rule would have on bank INFORMATION above, bank holding believes it is appropriate to review holding companies of all sizes, companies may request permission to proposals by FHCs to engage in, or including small bank holding administer the 49-percent revenue limit acquire a company engaged in, general companies.31 Commenters noted that on nonfinancial data processing data processing and electronic the rule should enhance the ability of activities adopted by the final rule on a information portal activities, as well as bank holding companies of all sizes to business-line or multiple-entity basis in other nonfinancial technology-related compete with other providers of data appropriate circumstances. Such activities, on a case-by-case basis under processing services, achieve additional requests should be directed to the section 4(j) of the BHC Act. This economies of scale and utilize more Board’s General Counsel and should approach is consistent with the efficiently their existing data processing describe the structure of the holding procedure established by the GLB Act resources and expertise. In response to company’s data processing operations, for FHCs to engage in complementary comments received, the Board also has the methodology the holding company activities.29 This process will allow an clarified the ability of bank holding proposes to use to administer the FHC to present, and the Board to companies to engage in data storage, revenue test, and the reasons why the review, all the connections that may imaging and retrieval activities in holding company believes the proposed demonstrate that a proposed investment connection with their permissible data methodology is appropriate. It is or activity is complementary to the processing activities, and to use any estimated that there will be 5 FHC’s financial activities for purposes excess capacity that may result, in good respondents per year with an estimated of the GLB Act. Moreover, because the faith, from the bank holding company’s burden of 2 hours per response. proposed rule would have required financial data processing activities to Therefore the total amount of annual FHCs to obtain the Board’s approval process, store and transmit nonfinancial burden is estimated to be 10 hours. under section 4(j) prior to making any data. There is estimated to be $200 annual complementary investment under the A few commenters asked that the cost burden over the annual hour proposal, the procedural approach Board permit bank holding companies burden. An OMB control number for adopted by the Board does not impose to derive more than 49 percent of their this information collection will be any additional filing burden on FHCs. data processing revenues from obtained. FHCs that believe a proposed processing, storing or transmitting A request may be filed in letter form investment or activity is complementary nonfinancial data, or to apply the rule’s and there will be no reporting form for to the FHC’s financial activities should revenue limit on nonfinancial data this information collection. The agency submit a notice to the Board in processing activities on a business-line form number for the notice will be the accordance with section 4(j) of the BHC or organization-wide basis. For the FR 4021. A bank may request Act and section 225.89 of the Board’s reasons discussed in the supplementary confidentiality for the information Regulation Y (12 CFR 225.89). The information above, the Board does not contained in the notice in accordance notice should, among other things, believe such actions would generally be with the Freedom of Information Act identify and define the proposed appropriate or consistent with section and the Board’s Rules Regarding the complementary activity, identify the 4(c)(8) of the BHC Act. The Board, Availability of Information. See 5 U.S.C. financial activity to which the proposed however, has established a process 552; 12 CFR part 261. complementary activity would be whereby any bank holding company, As required by the GLB Act, section complementary, and describe the including small bank holding 225.89 of the Board’s Regulation Y relationships and connections between companies, may obtain permission to currently requires an FHC to obtain the the proposed activity and the identified administer the rule’s revenue limit on Board’s approval prior to engaging in, or financial activity that the FHC believes nonfinancial data processing activities acquiring a company engaged in, an support a finding that the proposed on a multiple-entity or consolidated activity that the FHC believes is activity is complementary.30 In basis. This process will permit bank complementary to a financial activity. addition, the notice should explain why holding companies, including small See 12 CFR 225.89. Section 225.89 also the proposed complementary activity or bank holding companies, to administer describes the information that must be investment would not pose undue risks the revenue test in a more flexible included in any request to engage in, or to the safety and soundness of the FHC’s manner when such action would be acquire a company engaged in, a subsidiary depository institutions or the consistent with the BHC Act. complementary activity. The Board previously has reviewed and approved financial system and what, if any, limits Paperwork Reduction Act would be appropriate to ensure that the this information collection in investment or activity remains small in In accordance with the Paperwork accordance with the requirements of the relation to the FHC’s financial activities. Reduction Act of 1995 (44 U.S.C. 3506; Paperwork Reduction Act. See Requests 5 CFR 1320 Appendix A.1), the Board for Approval to Engage in an Activity Regulatory Flexibility Act has reviewed the final rule under the that is Complementary to a Financial In accordance with section 4(a) of the authority delegated to the Board by the Activity (FR 4012; OMB No. 7100– Regulatory Flexibility Act (5 U.S.C. Office of Management and Budget 0292). 604(a)), the Board must publish a final (‘‘OMB’’). The Federal Reserve may not The Board has a continuing interest in regulatory flexibility analysis with this the public’s opinions of the Federal rulemaking. The final rule expands the 31 For purposes of the Regulatory Flexibility Act, Reserve’s collections of information. At ability of bank holding companies of all small entities are defined to include bank holding any time, comments regarding the companies that have $150 million or less in assets. See 13 CFR 121.201. As of March 31, 2003, there burden estimate, or any other aspect of 29 See 12 U.S.C. 1843(j)(A) and (E). were 3117 bank holding companies with this information collection, including 30 See 12 CFR 225.89(a). consolidated total assets of $150 million or less. suggestions for reducing the burden,

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may be sent to: Secretary, Board of (A) The data to be processed, stored special conditions contain the Governors of the Federal Reserve or furnished are financial, banking or additional safety standards that the System, 20th and C Streets, NW., economic; and Administrator considers necessary to Washington, DC 20551; and to the (B) The hardware provided in establish a level of safety equivalent to Office of Management and Budget, connection therewith is offered only in that established by the existing Paperwork Reduction Project, conjunction with software designed and airworthiness standards. Washington, DC 20503. marketed for the processing, storage and DATES: The effective date of these transmission of financial, banking, or Use of Plain Language special conditions is November 24, economic data, and where the general 2003. Section 722 of the GLB Act requires purpose hardware does not constitute Comments must be received on or the Board to use ‘‘plain language’’ in all more than 30 percent of the cost of any before January 8, 2004. proposed and final rules published after packaged offering. ADDRESSES: Comments on these special January 1, 2000. The Board requested (ii) A company conducting data conditions may be mailed in duplicate comment on whether there were ways to processing, data storage, and data to: Federal Aviation Administration, make the proposed rule easier to transmission activities may conduct Transport Airplane Directorate, Attn: understand. One commenter suggested data processing, data storage, and data Rules Docket (ANM–113), Docket No. that the Board reformat the portion of transmission activities not described in NM269, 1601 Lind Avenue, SW., the proposed rule relating to the paragraph (b)(14)(i) of this section if the Renton, Washington 98055–4056; or complementary general data processing total annual revenue derived from those delivered in duplicate to the Transport activities of FHCs (§ 225.89(d)(1)(B) of activities does not exceed 49 percent of Directorate at the above address. All the proposed rule) to make the rule the company’s total annual revenues comments must be marked: Docket No. easier to understand. For the reasons derived from data processing, data NM269. discussed above, the Board has storage and data transmission activities. FOR FURTHER INFORMATION CONTACT: Greg determined not to adopt that section of Dated: November 26, 2003. Dunn, FAA, Airplane and Flight Crew the proposed rule. The Board also By order of the Board of Governors of the Interface Branch, ANM–111, Transport believes that the final rule is written Federal Reserve System Airplane Directorate, Aircraft plainly and presented clearly. Jennifer J. Johnson, Certification Service, 1601 Lind List of Subjects in 12 CFR Part 225 Secretary of the Board. Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2799; Administrative practice and [FR Doc. 03–29997 Filed 12–8–03; 8:45 am] facsimile (425) 227–1320. procedures, Banks, Banking, Federal BILLING CODE 6210–01–P Reserve System, Holding companies, SUPPLEMENTARY INFORMATION: Reporting and recordkeeping Comments Invited DEPARTMENT OF TRANSPORTATION requirements, Securities. The FAA has determined that the Authority and Issuance Federal Aviation Administration notice and opportunity for public comment is impracticable because these ■ For the reasons set forth in the 14 CFR Part 25 procedures would significantly delay preamble, Title 12, Chapter II, of the certification of the airplane and delivery Code of Federal Regulations is amended [Docket No. NM269; Special Conditions No. of the affected airplane. In addition, the as follows: 25–253–SC] substance of these special conditions PART 225—BANK HOLDING Special Conditions: Israel Aircraft has been subject to the public comment COMPANIES AND CHANGE IN BANK Industries Model 1124 Airplanes; High- process in several prior instances with CONTROL (REGULATION Y) Intensity Radiated Fields (HIRF) no substantive comments received. The FAA therefore finds that good cause ■ 1. The authority citation for part 225 AGENCY: Federal Aviation exists for making these special continues to read as follows: Administration (FAA), DOT. conditions effective upon issuance, Authority: 12 U.S.C. 1817(j)(13), 1818, ACTION: Final special conditions; request however, the FAA invites interested 1828(o), 1831i, 1831p–1, 1843(c)(8), 1843(k); for comments. persons to participate in this rulemaking 1844(b), 1972(1), 2903, 3106, 3108, 3310, by submitting written comments, data, 3331–3351, 3907, and 3909; 15 U.S.C. 6801 SUMMARY: These special conditions are or views. The most helpful comments and 6805. issued for Israel Aircraft Industries reference a specific portion of the ■ 2. Section 225.28(b)(14) is revised to Model 1124 airplanes modified by special conditions, explain the reason read as follows: Garrett Aviation Services. These for any recommended change and modified airplanes will have a novel or include supporting data. We ask that § 225.28 List of permissible nonbanking unusual design feature when compared you send us two copies of written activities. to the state of technology envisioned in comments. * * * * * the airworthiness standards for We will file in the docket all (b) * * * transport category airplanes. The comments we receive, as well as a (14) Data processing. (i) Providing modification incorporates the report summarizing each substantive data processing, data storage and data installation of dual Innovative Solutions public contact with FAA personnel transmission services, facilities & Support (IS&S) Air Data Display Unit concerning these special conditions. (including data processing, data storage systems with the IS&S Air Data Sensor The docket is available for public and data transmission hardware, that perform critical functions. The inspection before and after the commit software, documentation, or operating applicable airworthiness regulations do closing date. If you wish to review the personnel), databases, advice, and not contain adequate or appropriate docket in person, go to the address in access to such services, facilities, or safety standards for the protection of the ADDRESSES section of this preamble data-bases by any technological means, these systems from the effects of high- between 7:30 a.m. and 4 p.m., Monday if: intensity-radiated fields (HIRF). These thru Friday, except Federal holidays.

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We will consider all comments we airplanes include 14 CFR Part 25, dated incorporated by reference; special receive on or before the closing date for February 1, 1964, as amended by conditions are needed for IAI Model comments. We will consider comments Amendments 25–1 through 25–20 1124 airplanes modified by Garrett filed late if it is possible to do so except for special conditions and Aviation Services. These special without incurring expense or delay. We exceptions noted in Type Certificate conditions require that new avionics/ may change these special conditions Data Sheet (TDCS) A2SW. electronics and electrical systems that based on the comments we receive. If the Administrator finds that the perform critical functions be designed If you want the FAA to acknowledge applicable airworthiness regulations and installed to preclude component receipt of your comments on this (i.e., 14 CFR part 25, as amended) do not damage and interruption of function proposal, include with your comments contain adequate or appropriate safety due to both the direct and indirect a pre-addressed, stamped postcard on standards for the IAI Model 1124 effects of HIRF. which the docket number appears. We airplanes because of novel or unusual will stamp the date on the postcard and design features, special conditions are High-Intensity Radiated Fields (HIRF) mail it back to you. prescribed under the provisions § 21.16. With the trend toward increased Background In addition to the applicable power levels from ground-based airworthiness regulations and special transmitters, plus the advent of space On September 26, 2003, Garrett conditions, the IAI Model 1124 and satellite communications, coupled Aviation Services, 1200 North Airport airplanes must comply with the with electronic command and control of Drive, Capital Airport Springfield, IL associated change requirements of the airplane, the immunity of critical 62707, applied for a Supplemental Type § 21.93(b). avionics/electronics and electrical Certificate (STC) to modify Israel Special conditions, as defined in 14 systems to HIRF must be established. Aircraft Industries (IAI) Model 1124 CFR 11.19, are issued in accordance It is not possible to precisely define airplanes approved under Type with § 11.38 and become part of the type the HIRF to which the airplane will be Certificate No. A2SW. The IAI Model certification basis in accordance with exposed in service. There is also 1124 is a small transport category § 21.101. uncertainty concerning the effectiveness airplane. The IAI Model 1124 airplane Special conditions are initially of airframe shielding for HIRF. is powered by two AiResearch applicable to the model for which they Furthermore, coupling of Manufacturing Company TFE731–3–1G are issued. Should Garrett Aviation electromagnetic energy to cockpit- turbofans and has a maximum takeoff Services apply at a later date for a installed equipment through the cockpit weight of 23,500 pounds. This airplane supplemental type certificate to modify window apertures is undefined. Based operates with a 2-pilot crew and can any other model included on the same on surveys and analysis of existing HIRF hold up to 10 passengers. The type certificate to incorporate the same emitters, an adequate level of protection modification incorporates the or similar novel or unusual design exists when compliance with the HIRF installation of dual Innovative Solutions feature, these special conditions would protection special condition is shown & Support Air Data Display Units also apply to the other model under the with either paragraph 1, or 2 below: (ADDU) and a single IS&S Air Data provisions of 14 CFR 21.101. 1. A minimum threat of 100 volts rms Sensor (ADS) interfaced with an Novel or Unusual Design Features (root-mean-square) per meter electric existing Collins AP–105 Autopilot. The field strength from 10 KHz to 18 GHz. ADDU is a replacement for the existing The IAI Model 1124 airplanes a. The threat must be applied to the analog flight instrumentation, while also modified by Garrett Aviation Services system elements and their associated providing additional functional will incorporate dual Air Data Display wiring harnesses without the benefit of capability and redundancy in the Units and a single Air Data Sensor airframe shielding. system. The ADS is a digital system that will perform critical b. Demonstration of this level of replacement for the existing analog functions. These systems have to protection is established through system Collins 590A–3() Air Data Controller potential to be vulnerable to high- tests and analysis. which outputs vertical and lateral mode intensity radiated fields (HIRF) external 2. A threat external to the airframe of signals to the Collins flight guidance to the airplane. The current the following field strengths for the system. The digital avionics/electronics airworthiness standards (part 25) do not frequency ranges indicated. Both peak and electrical systems installed under contain adequate or appropriate safety and average field strength components this project in this airplane have the standards for the protection of this from the Table are to be demonstrated. potential to be vulnerable to high- equipment from the adverse effect of intensity radiated fields (HIRF) external HIRF. Accordingly, this system is Field Strength to the airplane. considered to be a novel or unusual Frequency (volts per meter) Type Certification Basis design feature. Peak Average Discussion Under the provisions of 14 CFR 10 kHz–100 kHz ...... 50 50 21.101, Garrett Aviation Services must There is no specific regulation that 100 kHz–500 kHz ..... 50 50 show that the IAI Model 1124 airplanes, addresses protection requirements for 500 kHz–2 MHz ...... 50 50 as changed, continue to meet the electrical and electronic systems from 2 MHz–30 MHz ...... 100 100 applicable provisions of the regulations HIRF. Increased power levels from 30 MHz–70 MHz ...... 50 50 incorporated by reference in Type ground-based radio transmitters and the 70 MHz–100 MHz ..... 50 50 Certificate No. A2SW, or the applicable growing use of sensitive avionics/ 100 MHz–200 MHz ... 100 100 regulations in effect on the date of electronics and electrical systems to 200 MHz–400 MHz ... 100 100 400 MHz–700 MHz ... 700 50 application for the change. The command and control airplanes have 700 MHz–1 GHz ...... 700 100 regulations incorporated by reference in made it necessary to provide adequate 1 GHz–2 GHz ...... 2000 200 the type certificate are commonly protection. 2 GHz–4 GHz ...... 3000 200 referred to as the ‘‘original type To ensure that a level of safety is 4 GHz–6 GHz ...... 3000 200 certification basis.’’ The certification achieved that is equivalent to that 6 GHz–8 GHz ...... 1000 200 basis for the modified IAI Model 1124 intended by the regulations 8 GHz–12 GHz ...... 3000 300

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Field Strength The Special Conditions for the protection of these systems from Frequency (volts per meter) Accordingly, pursuant to the the effects of high-intensity radiated fields (HIRF). These special conditions Peak Average authority delegated to me by the Administrator, the following special contain the additional safety standards 12 GHz–18 GHz ...... 2000 200 conditions are issued as part of the that the Administrator considers 18 GHz–40 GHz ...... 600 200 supplemental type certification basis for necessary to establish a level of safety the Israel Aircraft Industries Model 1124 equivalent to that provided by the The field strengths are expressed in terms existing airworthiness standards. of peak of the root-mean-square (rms) over airplanes modified by Garrett Aviation the complete modulation period. Services. DATES: The effective date of these 1. Protection from Unwanted Effects special conditions is December 1, 2003. The threat levels identified above are of High-Intensity Radiated Fields Comments must be received on or the result of an FAA review of existing (HIRF). Each electrical and electronic before January 8, 2004. studies on the subject of HIRF, in light system that performs critical functions of the ongoing work of the ADDRESSES: Comments on these special must be designed and installed to Electromagnetic Effects Harmonization conditions may be mailed in duplicate ensure that the operation and Working Group of the Aviation to: Federal Aviation Administration, operational capability of these systems Rulemaking Advisory Committee. Transport Airplane Directorate, to perform critical functions are not Attention: Rules Docket (ANM–113), Applicability adversely affected when the airplane is Docket No. NM271, 1601 Lind Avenue, exposed to high-intensity radiated SW., Renton, Washington, 98055–4056; As discussed above, these special fields. conditions are applicable to IAI Model or delivered in duplicate to the 2. For the purpose of these special Transport Airplane Directorate at the 1124 airplanes modified by Garret conditions, the following definition Aviation Services. Should Garrett above address. All comments must be applies: marked: Docket No. NM271. Aviation Services apply at a later date Critical Functions: Functions whose FOR FURTHER INFORMATION CONTACT: Greg for a supplemental type certificate to failure would contribute to or cause a Dunn, FAA, Airplane and Flight Crew modify any other model included on the failure condition that would prevent the Interface Branch, ANM–111, Transport same type certificate to incorporate the continued safe flight and landing of the Airplane Directorate, Aircraft same or similar novel or unusual design airplane. feature, these special conditions would Certification Service, 1601 Lind apply to that model as well under the Issued in Renton, Washington, on Avenue, SW., Renton, Washington, provisions of § 21.101. November 24, 2003. 98055–4056; telephone (425) 227–2799; Ali Bahrami, facsimile (425) 227–1320. Conclusion Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: Directorate, Aircraft Certification Service. This action affects only certain novel Comments Invited or unusual design features on the IAI [FR Doc. 03–30447 Filed 12–8–03; 8:45 am] Model 1124 airplanes modified by BILLING CODE 4910–13–P The FAA has determined that notice Garrett Aviation Services. It is not a rule and opportunity for prior public of general applicability and affects only comment is impracticable because these DEPARTMENT OF TRANSPORTATION the applicant who applied to the FAA procedures would significantly delay for approval of these features on the Federal Aviation Administration certification of the airplane and thus airplane. delivery of the affected aircraft. In The substance of these special 14 CFR Part 25 addition, the substance of these special conditions has been subjected to the conditions has been subject to the [Docket No. NM271, Special Conditions No. public comment process in several prior notice and comment procedure in 25–254–SC] several prior instances and has been instances with no substantive comments received. The FAA therefore finds that derived without substantive change Special Conditions: Boeing Model 707– good cause exists for making these from those previously issued. Because a 300 Airplanes; High Intensity Radiated special conditions effective upon delay would significantly affect the Fields (HIRF) certification of the airplane, which is issuance; however, the FAA invites imminent, the FAA has determined that AGENCY: Federal Aviation interested persons to participate in this prior public notice and comment are Administration (FAA) DOT. rulemaking by submitting written unnecessary and impracticable, and ACTION: Final special conditions; request comments, data, or views. The most good cause exists for adopting these for comments. helpful comments reference a specific special conditions upon issuance. The portion of the special conditions, FAA is requesting comments to allow SUMMARY: These special conditions are explain the reason for any interested persons to submit views that issued for Boeing Model 707–300 recommended change, and include may not have been submitted in airplanes modified by AeroMech supporting data. We ask that you send response to the prior opportunities to Incorporated. These modified airplanes us two copies of written comments. comment described above. will have novel and unusual design We will file in the docket all features when compared to the state of comments we receive, as well as a List of Subjects in 14 CFR Part 25 technology envisioned in the report summarizing each substantive Aircraft, Aviation safety, Reporting airworthiness standards for transport public contact with FAA personnel and recordkeeping requirements. category airplanes. The modification concerning these special conditions. incorporates the installation of dual The docket is available for public The authority citation for these Innovative Solutions and Support Air inspection before and after the comment special conditions is as follows: Data Display Units. The applicable closing date. If you wish to review the Authority: 49 U.S.C. 106(g), 40113, 44701, airworthiness regulations do not contain docket in person, go to the address in 44702, 44704. adequate or appropriate safety standards the ADDRESSES section of this preamble

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between 7:30 a.m., and 4 p.m., Monday prescribed under the provisions of High-Intensity Radiated Fields (HIRF) through Friday, except Federal holidays. § 21.16. With the trend toward increased We will consider all comments we In addition to the applicable power levels from ground-based receive on or before the closing date for airworthiness regulations and special transmitters, and the advent of space comments. We will consider comments conditions, the Boeing Model 707–300 and satellite communications coupled filed late if it is possible to do so airplanes must comply with the fuel with electronic command and control of without incurring expense or delay. We vent and exhaust emission requirements the airplane, the immunity of critical may change these special conditions of 14 CFR part 34 and the noise avionics/electronics and electrical based on the comments we receive. certification requirements of 14 CFR systems to HIRF must be established. If you want the FAA to acknowledge part 36. It is not possible to precisely define receipt of your comments on these Special conditions, as defined in 14 the HIRF to which the airplane will be special conditions, include with your CFR 11.19, are issued in accordance exposed in service. There is also comments a pre-addressed, stamped with § 11.38 and become part of the type uncertainty concerning the effectiveness postcard on which the docket number certification basis in accordance with of airframe shielding for HIRF. appears. We will stamp the date on the § 21.101. Furthermore, coupling of postcard and mail it back to you. Special conditions are initially electromagnetic energy to cockpit- applicable to the model for which they Background installed equipment through the cockpit are issued. Should AeroMech window apertures is undefined. Based On August 29, 2003, AeroMech Incorporated apply at a later date for a on surveys and analysis of existing HIRF Incorporated applied to the FAA, Fort supplemental type certificate to modify emitters, an adequate level of protection Worth Special Certification Office, for a any other model included on Type exists when compliance with the HIRF supplemental type certificate (STC) to Certificate 4A26 to incorporate the same protection special condition is shown modify certain Boeing Model 707–300 or similar novel or unusual design with either paragraph 1 or 2 below: airplanes. These models are currently feature, these special conditions would 1. A minimum threat of 100 volts rms approved under Type Certificate No. also apply to the other model under the (root-mean-square) per meter electric 4A26. The Model 707–300 is a transport provisions of § 21.101. field strength from 10 KHz to 18 GHz. category airplane powered by four Pratt Novel or Unusual Design Features a. The threat must be applied to the & Whitney turbojet engines. This system elements and their associated airplane operates with three flightcrew As noted earlier, Boeing Model 707– wiring harnesses without the benefit of and can hold up to 189 passengers. The 300 airplanes modified by AeroMech airframe shielding. modification incorporates the Incorporated will incorporate brand b. Demonstration of this level of installation of dual Innovative Solutions new avionics/electronics and electrical protection is established through system and Support (IS&S) Air Data Display systems (IS&S Air Data Display Units) tests and analysis. Units. The information presented is that will perform critical functions. 2. A threat external to the airframe of flight critical. The avionics/electronics These systems may be vulnerable to the field strengths identified in the table and electrical systems installed in this high-intensity radiated fields external to below for the frequency ranges airplane have the potential to be the airplane. The current airworthiness indicated. Both peak and average field vulnerable to high-intensity radiated standards of part 25 do not contain strength components from the table are fields (HIRF) external to the airplane. adequate or appropriate safety standards to be demonstrated. for the protection of this equipment Type Certification Basis from the adverse effects of HIRF. Field Strength Under the provisions of 14 CFR Accordingly, this sytem is considered to Frequency (volts per meter) 21.101, AeroMech Incorporated must be a novel or unusual design feature. Peak Average show that the Boeing Model 707–300 Discussion airplanes, as changed, continue to meet 10 kHz–100 kHz ...... 50 50 the applicable provisions of the There is no specific regulation that 100 kHz–500 kHz ..... 50 50 regulations incorporated by reference in addresses protection requirements for 500 kHZ–2 MHz ...... 50 50 Type Certificate No. 4A26, or the electrical and electronic systems from 2 MHz–30 MHz ...... 100 100 applicable regulations in effect on the HIRF. Increased power levels from 30 MHz–70 MHz ...... 50 50 date of application for the change. The ground-based radio transmitters and the 70 MHz–100 MHz ..... 50 50 regulations incorporated by reference in 100 MHz–200 MHz ... 100 100 growing use of sensitive avionics/ 200 MHz–400 MHz ... 100 100 the type certificate are commonly electronics and electrical systems to 400 MHz–700 MHz ... 700 50 referred to as the ‘‘original type command and control airplanes have 700 MHz–1 GHz ...... 700 100 certification basis.’’ The certification made it necessary to provide adequate 1 GHz–2 GHz ...... 2000 200 basis for the Model 707–300 airplanes protection. 2 GHz–4 GHz ...... 3000 200 includes Civil Air Regulations (CAR) 4b, To ensure that a level of safety is 4 GHz–6 GHz ...... 3000 200 as amended by Amendments 4b–1, 4b– achieved equivalent to that intended by 6 GHz–8 GHz ...... 1000 200 2, and 4b–3; and additional the regulations incorporated by 8 GHz–12 GHz ...... 3000 300 requirements identified in the type reference, special conditions are needed 12 GHz–18 GHz ...... 2000 200 18 GHz–40 GHz ...... 600 200 certificate data sheet that are not for the Boeing Model 707–300 airplanes relevant to these special conditions. modified by AeroMech Incorporated. The field strengths are expressed in terms If the Administrator finds that the These special conditions require that of peak of the root-mean-square (rms) over applicable airworthiness regulations new avionics/electronics and electrical the complete modulation period. (CAR 4b, as amended) do not contain systems that perform critical functions The threat levels identified above are adequate or appropriate safety standards be designed and installed to preclude the result of an FAA review of existing for the Boeing Model 707–300 airplanes component damage and interruption of studies on the subject of HIRF, in light because of a novel or unusual design function due to both the direct and of the ongoing work of the feature, special conditions are indirect effects of HIRF. Electromagnetic Effects Harmonization

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Working Group of the Aviation to perform critical functions are not History Rulemaking Advisory Committee. adversely affected when the airplane is exposed to high intensity radiated On July 17, 2003, the FAA proposed Applicability fields. to amend part 71 of the Federal Aviation As discussed above, these special 2. For the purpose of these special Regulations (14 CFR part 71) by conditions are applicable to Boeing conditions, the following definition establishing Class D and E4 airspace at Model 707–300 series airplanes applies: Critical Functions: Functions Ormond Beach, FL, (68 FR 42322). This modified by AeroMech Incorporated. whose failure would contribute to or action provides adequate Class D and E4 Should AeroMech Incorporated apply at cause a failure condition that would airspace for IFR operations at Ormond a later date for a supplemental type prevent the continued safe flight and Beach Municipal Airport. Class D certificate to modify any other model landing of the airplane. airspace designations for airspace areas included on Type Certificate 4A26 to extending upward from the surface of incorporate the same or similar novel or Issued in Renton, Washington, on December 1, 2003. the earth and Class E4 airspace areas unusual design feature, these special Ali Bahrami, designated as an extension to a Class D conditions would apply to that model as surface area are published in Paragraphs well as under the provisions of § 21.101. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. 5000 and 6004 respectively, of FAA Conclusion [FR Doc. 03–30448 Filed 12–8–03; 8:45 am] Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, This action affects only certain novel BILLING CODE 4910–13–P or unusual design features on the which is incorporated by reference in 14 Boeing Model 707–300 airplanes CFR 71.1. The Class D and Class E4 modified by AeroMech Incorporated. It DEPARTMENT OF TRANSPORTATION designations listed in this document is not a rule of general applicability and will be published subsequently in the Federal Aviation Administration affects only the applicant who applied Order. to the FAA for approval of these features 14 CFR Part 71 Interested parties were invited to on the airplane. participate in this rulemaking The substance of these special proceeding by submitting written conditions has been subjected to the [Docket No. FAA–2003–15466; Airspace Docket No. 03–ASO–9] comments on the proposal to the FAA. notice and comment procedure in No comments objecting to the proposal several prior instances and has been Establishment of Class D and E were received. derived without substantive change Airspace; Ormond Beach, FL from those previously issued. Because a The Rule delay would significantly affect the AGENCY: Federal Aviation This amendment to part 71 of the certification of the airplane, which is Administration (FAA), DOT. imminent, the FAA has determined that Federal Aviation Regulations (14 CFR prior public notice and comment are ACTION: Final rule. part 71) establishes Class D and E4 unnecessary and impracticable, and airspace at Ormond Beach, FL. SUMMARY: This action establishes Class good cause exists for adopting these D and E4 airspace at Ormond Beach, FL. The FAA has determined that this special conditions upon issuance. The A Federal contract tower with a weather proposed regulation only involves an FAA is requesting comments to allow reporting system has been constructed established body of technical interested persons to submit views that at the Ormond Beach Municipal regulations for which frequent and may not have been submitted in Airport. Therefore, the airport meets routine amendments are necessary to response to the prior opportunities for criteria for Class D and E4 airspace. keep them operationally current. It comment described above. Class D surface area airspace and Class therefore, (1) is not a ‘‘significant List of Subjects in 14 CFR Part 25 E4 airspace designated as an extension regulatory action’’ under Executive Aircraft, Aviation safety, Reporting to Class D airspace is required when the Order 12866; (2) is not a ‘‘significant and recordkeeping requirements. control tower is open to contain rule’’ under DOT Regulatory Policies Standard Instrument Approach and Procedures (44 FR 11034; February ■ The authority citation for these special Procedures (SIAPs) and other 26, 1979); and (3) so minimal. Since this conditions is as follows: Instrument Flight Rules (IFR) operations is a routine matter that will only affect Authority: 49 U.S.C. 106(g), 40113, 44701, at the airport. This action establishes air traffic procedures and air navigation, 44702, 44704. Class D airspace extending upward from it is certified that this rule, when the surface to but not including 1,200 The Special Conditions promulgated, will not have a significant feet MSL, within a 3.2-mile radius of the economic impact on a substantial ■ Accordingly, pursuant to the authority Ormond Beach Municipal Airport and a number of small entities under the delegated to me by the Administrator, Class E4 airspace extension that is 4.8 criteria of the Regulatory Flexibility Act. the following special conditions are miles wide and extends 6.9 miles issued as part of the supplemental type northwest of the airport. List of Subjects in CFR Part 71 certification basis for the Boeing Model EFFECTIVE DATE: 0901 UTC, February 19, Airspace, Incorporation by reference, 707–300 airplanes modified by 2004. AeroMech Incorporated. Navigation (Air). FOR FURTHER INFORMATION CONTACT: 1. Protection from Unwanted Effects Adoption of the Amendment of High-Intensity Radiated Fields Walter R. Cochran, Manager, Airspace Branch, Air Traffic Division, Federal (HIRF). Each electrical and electronic ■ In consideration of the foregoing, the Aviation Administration, P.O. Box system that performs critical functions Federal Aviation Administration must be designed and installed to 20636, Atlanta, Georgia 30320; telephone (404) 305–5586. proposes to amend 14 CFR Part 71 as ensure that the operation and follows: operational capability of these systems SUPPLEMENTARY INFORMATION:

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PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF TRANSPORTATION airspace extending upward from 700 CLASS B, CLASS C, CLASS D, AND feet above the surface for aircraft CLASS E AIRSPACE AREAS; Federal Aviation Administration conducting IFR operations within a 6- AIRWAYS; ROUTES; AND REPORTING mile radius of Upshur County Regional POINTS 14 CFR Part 71 Airport, Buckhannon, WV. [Docket No. FAA–2003–15229; Airspace The FAA has determined that this ■ 1. The authority citation for Part 71 Docket No. 03–AEA–05] regulation only involves an established continues to read as follows: body of technical regulations for which Authority: 49 U.S.C. 106(g); 40103, 40113, Establishment of Class E Airspace; frequent and routine amendments are 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Buckhannon, WV necessary to keep them operationally 1963 Comp., p. 389. AGENCY: Federal Aviation current. Therefore, this regulation (1) Is Administration (FAA) DOT. not a ‘‘significant regulatory action’’ § 71.1 [Amended] under Executive Order 12866; (2) is not ACTION: Final rule. ■ 2. The incorporation by reference in 14 a ‘‘significant rule’’ under DOT CFR 71.1 of Federal Aviation SUMMARY: This action establishes Class Regulatory Policies and Procedures (44 Administration Order 7400.9L, Airspace E airspace at Buckhannon, WV. FR 11034; February 26, 1979); and (3) Designations and Reporting Points, Controlled airspace extending upward does not warrant preparation of a dated September 2, 2003, and effective from 700 feet Above Ground Level Regulatory Evaluation as the anticipated September 16, 2003, is amended as (AGL) is needed to contain aircraft impact is so minimal. Since this is a follows: operating into Upshur County Regional routine matter that will only affected air Airport, Buckhannon, WV under traffic procedures and air navigation, it Paragraph 5000 Class D Airspace Instrument Flight Rules (IFR). is certified that this rule will not have * * * * * significant economic impact on a EFFECTIVE DATE: 0901 UTC April 15, substantial number of small entities ASO FL D Ormond Beach, FL [NEW] 2004. under the criteria of the Regulatory Ormond Beach Municipal Airport, FL FOR FURTHER INFORMATION CONTACT: Mr. Flexibility Act. (Lat. 29°18′04″ N, long. 81°06′50″ W) Francis Jordan, Airspace Specialist, That airspace extending upward from the Airspace Branch, AEA–520, Air Traffic List of Subjects in CFR Part 71 surface, to but not including 1,200 feet MSL Division, Eastern Region, Federal Airspace, Incorporation by reference, within a 3.2-mile radius of Ormond Beach Aviation Administration, 1 Aviation Navigation (air). Municipal Airport; excluding that airspace Plaza, Jamaica, New York 11434–4809, within the Daytona Beach, FL, Class C telephone: (718) 553–4521. Adoption of the Amendment airspace area. This Class D airspace area is SUPPLEMENTARY INFORMATION: effective during the specific days and times ■ In consideration of the foregoing, the established in advance by a Notice to History Federal Aviation Administration Airmen. The effective days and times will On June 30, 2003, a notice proposing amends 14 CFR part 71 as follows: thereafter be continuously published in the to amend part 71 of the Federal Aviation Airport/Facility Directory. Regulations (14 CFR part 71) by PART 71—[AMENDED] * * * * * establishing Class E airspace extending ■ upward from 700 feet above the surface 1. The authority citation for 14 CFR Paragraph 6004 Class E4 Airspace Areas part 71 continues to read as follows: Designated as an Extension to a Class D within a 6-mile radius of Gettysburg Airspace Area. Airport and Travel Center, Gettysburg, Authority: 49 U.S.C. 106(g), 40103, 40113, PA was published in the Federal 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– * * * * * Register (68 FR 38652–38653). 1963 Comp., p. 389. ASO FL E4 Ormond Beach, FL [NEW] Interested parties were invited to § 71.1 [Amended] Ormond Beach Municipal Airport, FL participate in this rulemaking (Lat. 29°18′04″ N, long. 81°06′50″ W) proceeding by submitting written ■ 2. The incorporation by reference in 14 Ormond Beach VORTAC comments on the proposal to the FAA CFR 71.1 of Federal Aviation (Lat. 29°18′12″ N, long. 81°06′46″ W) on or before July 30, 2003. No comments Administration Order 7400.9L, Airspace That airspace extending upward from the to the proposal were received. The rule Designations and Reporting Points, surface within 2.4 miles each side of the is adopted as proposed. dated September 2, 2003, and effective Ormond Beach VORTAC 342° radial, The coordinates for this airspace September 16, 2003, is amended as extending from the 3.2-mile radius to 6.9 docket are based on North American follows: miles northwest of the VORTAC. This Class Datum 83. Class E airspace area Paragraph 6005 Class E Airspace Areas E4 airspace area is effective during the designations for airspace extending extending upward from 700 feet or more specific days and times established in upward from the surface of the earth are above the surface of the earth. advance by a Notice to Airmen. The effective published in paragraph 6005 of FAA days and times will thereafter be Order 7400 9L, dated September 2, * * * * * continuously published in the Airport/ 2003, and effective September 16, 2003, AEA WV E5, Buckhannon, WV [NEW] Facility Directory. which is incorporated by reference in 14 CFR 71.1. The Class E airspace Upshur County Regional Airport, WV Issued in College Park, Georgia, on (Lat. 39°00′01″ N., long. 80°16′26″ W.) November 26, 2003. designation listed in this document will be published in the Order. That airspace extending upward from 700 Walter R. Cochran, feet above the surface within a 6-mile radius Acting Manager, Air Traffic Division, The Rule of Upshur County Airport, excluding that Southern Region. This amendment to part 71 of the portion that coincides with the Clarksburg, [FR Doc. 03–30461 Filed 12–8–03; 8:45 am] Federal Aviation Regulations (14 CFR WV Class E airspace area. BILLING CODE 4910–13–M part 71) provides controlled Class E * * * * *

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Issued in Jamaica, New York, on November Airspace Branch, ACE–520C, DOT are specifically invited on the overall 19, 2003. Municipal Headquarters Building, regulatory, aeronautical, economic, John G. McCartney, Federal Aviation Administration, 901 environmental, and energy-related Assistant Manager, Air Traffic Division, Locust, Kansas City, MO 64106; aspects of the proposal. Eastern Region. telephone: (816) 329–2525. Communications should identify both [FR Doc. 03–30458 Filed 12–8–03; 8:45 am] SUPPLEMENTARY INFORMATION: This docket numbers and be submitted in BILLING CODE 4910–13–M amendment to 14 CFR 71 modifies the triplicate to the address listed above. Class E airspace area extending upward Commenters wishing the FAA to from 700 feet above the surface at Great acknowledge receipt of their comments DEPARTMENT OF TRANSPORTATION Bend, KS. It incorporates the current on this notice must submit with those airport reference point for Great Bend comments a self-addressed, stamped Federal Aviation Administration Municipal Airport and modifies the postcard on which the following Class E airspace extension from the 303° statement is made: ‘‘Comments to 14 CFR Part 71 bearing from the airport to the 302° Docket No. FAA–2003–16080/Airspace [Docket No. FAA–2003–16080; Airspace bearing. It brings the legal description of Docket No. 03–ACE–72.’’ The postcard Docket No. 03–ACE–72] this airsapce area into compliance with will be date/time stamped and returned FAA Order 7400.2E, Procedures for to the commenter. Modification of Class E Airspace; Handling Airspace Matters. The area Great Bend, KS will be depicted on appropriate Agency Findings aeronautical charts. Class E airspace AGENCY: Federal Aviation The regulations adopted herein will areas extending upward from 700 feet or Administration (FAA), DOT. not have a substantial direct effect on more above the surface of the earth are the States, on the relationship between ACTION: Direct final rule; request for published in paragraph 6005 of FAA comments. the national government and the States, Order 7400.9L, dated September 2, or on the distribution of power and 2003, and effective September 16, 2003, SUMMARY: An examination of controlled responsibilities among the various which is incorporated by reference in 14 airspace for Great Bend, KS revealed levels of government. Therefore, it is CFR 71.1. The Class E airspace discrepancies in the Great Bend determined that this final rule does not designation listed in this document will Municipal Airport airport reference have federalism implications under be published subsequently in the Order. point and in the direction of the Class Executive Order 13132. E airspace extension. This action The Direct Final Rule Procedure The FAA has determined that this corrects the discrepancies by modifying The FAA anticipates that this regulation is noncontroversial and the Great Bend, KS Class E airspace regulation will not result in adverse or unlikely to result in adverse or negative extension. This action corrects the negative comment and, therefore, is comments. For the reasons discussed in discrepancies by modifying the Great issuing it as a direct final rule. Previous the preamble, I certify that this Bend, KS Class E airspace and by actions of this nature have not been regulation (1) is not a ‘‘significant incorporating the current Great Bend controversial and have not resulted in regulatory action’’ under Executive Municipal Airport reference point and adverse comments or objections. Unless Order 12866; (2) is not a ‘‘significant the correct direction of the Class E a written adverse or negative comment, rule’’ under Department of airspace extension into the Class E or a written notice of intent to submit Transportation (DOT) Regulatory airspace legal description. an adverse or negative comment is Policies and Procedures (44 FR 11034, DATES: This direct final rule is effective received within the comment period, February 26, 1979); and (3) if on 0901 UTC, April 15, 2004. Comments the regulation will become effective on promulgated, will not have a significant for inclusion in the Rules Docket must the date specified above. After the close economic impact, positive or negative, be received on or before January 13, of the comment period, the FAA will on a substantial number of small entities 2004. publish a document in the Federal under the criteria of the Regulatory Register indicating that no adverse or Flexibility Act. ADDRESSES: Send comments on this negative comments were received and proposal to the Docket Management confirming the date on which the final List of Subjects in 14 CFR Part 71 System, U.S. Department of rule will become effective. If the FAA Transportation, Room Plaza 401, 400 Airspace, Incorporation by reference, does receive, within the comment Seventh Street, SW., Washington, DC Navigation (air). period, an adverse or negative comment, 20590–0001. You must identify the or written notice of intent to submit Adoption of the Amendment docket number FAA–2003–16080/ such a comment, a document Airspace Docket No. 03–ACE–72, at the withdrawing the direct final rule will be ■ Accordingly, the Federal Aviation beginning of your comments. You may published in the Federal Register and a Administration amends 14 CFR part 71 also submit comments on the Internet at notice of proposed rulemaking may be as follows: http://dms.dot.gov. you may review the published with a new comment period. public docket containing the proposal, PART 71—DESIGNATION OF CLASS A, any comments received, and any final Comments Invited CLASS B, CLASS C, CLASS D, AND disposition in person in the Dockets Interested parties are invited to CLASS E AIRSPACE AREAS; Office between 9 a.m. and 5 p.m., participate in this rulemaking by AIRWAYS; ROUTES; AND REPORTING Monday through Friday, except Federal submitting such written data, views, or POINTS holidays. The Docket Office (telephone arguments, as they may desire. 1–800–647–5527) is on the plaza level Comments that provide the factual basis ■ 1. The authority citation for part 71 of the Department of Transportation supporting the views and suggestions continues to read as follows: NASSIF Building at the above address. presented are particularly helpful in Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: developing reasoned regulatory 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Kathy Randolph, Air Traffic Division, decisions on the proposal. Comments 1963 Comp., p. 389.

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§ 71.1 [Amended] dimensions to protect aircraft executing eliminates the need for the north ■ 2. The incorporation by reference in 14 SIAPs to Kingman Airport—Clyde extension of the Kingman, KS Class E CFR 71.1 of Federal Aviation Cessna Field and brings the Class E airspace area. This action brings the Administration Order 7400.9L, dated airspace area and legal description into legal description of this airspace area September 2, 2003, and effective compliance with FAA Orders. into commpliance with FAA Order September 16, 2003, is amended as DATES: This direct final rule is effective 7400.2E. The area will be depicted on follows: on 0901 UTC, April 15, 2004. Comments appropriate aeronautical charts. Class E for inclusion in the Rules Docket must airspace areas extending upward from Paragraph 6005 Class E airspace areas be received on or before January 14, 700 feet or more above the surface of the extending upward from 700 feet or more 2004. earth are published in paragraph 6005 of above the surface of the earth. FAA Order 7400.9L, dated September 2, ADDRESSES: Send comments on this 2003, and effective September 16. 2003, * * * * * proposal to the Docket Management which is incorporated by reference in 14 System, U.S. Department of ACE KS E5 Great Bend, KS CFR 71.1. The Class E airspace Transportation, Room Plaza 401, 400 Great Bend Municipal Airport, KS designation listed in this document will Seventh Street, SW., Washington, DC (Lat. 38°20′39″ N., long. 98°51′33″ W.) be published subsequently in the Order. That airspace extending upward from 700 20590–0001. You must identify the feet above the surface within a 6.9-mile docket number FAA–2003–16081/ The Direct Final Rule Procedure radius of Great Bend Municipal Airport and Airspace Docket No. 03–ACE–73, at the The FAA anticipates that this within 4 miles each side of the 302° bearing beginning of your comments. You may regulation will not result in adverse or from the airport extending from the 6.9-mile also submit comments on the Internet at negative comment and, therefore, is radius to 15.6 miles northwest of the airport. http://www.dms.dot.gov. You may issuing it as a direct final rule. Previous * * * * * review the public docket containing the actions of this nature have not been proposal, any comments received, and Issued in Kansas City, MO, on November controversial and have not resulted in 24, 2003. any final disposition in person in the adverse comments or objections. Unless Dockets Office between 9 a.m. and 5 Paul J. Sheridan, a written adverse or negative comment, p.m., Monday through Friday, except or a written notice of intent to submit Acting Manager, Air Traffic Division, Central Federal holidays. The Docket Office Region. an adverse or negative comment is (telephone 1–800–647–5527) is on the received within the comment period, [FR Doc. 03–30454 Filed 12–08–03; 8:45 am] plaza level of the Department of BILLING CODE 4910–13 M the regulation will become effective on Transportation NASSIF Building at the the date specified above. After the close above address. of the comment period, the FAA will DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: publish a document in the Federal Kathy Randolph, Air Traffic Division, Register indicating that no adverse or Federal Aviation Administration Airspace Branch, ACE–520C, DOT negative comments were received and Regional Headquarters Building, Federal confirming the date on which the final 14 CFR Part 71 Aviation Administration, 901 Locust, rule will become effective. If the FAA Kansas City, MO 64106; telephone: does receive, within the comment [Docket No. FAA–2003–16081–; Airspace (816) 329–2525. Docket No. 03–ACE–73] period, an adverse or negative comment, SUPPLEMENTARY INFORMATION: This or written notice of intent to submit Modification of Class E Airspace; amendment to 14 CFR 71 modifies the such a comment, a document Kingman, KS Class E airspace area extending upward withdrawing the direct final rule will be from 700 feet above the surface at published in the Federal Register, and AGENCY: Federal Aviation Kingman, KS. It replaces ‘‘Kingman a notice of proposed rulemaking may be Administration (FAA), DOT. Municipal Airport,’’ the former name of published with a new comment period. ACTION: the airport, with ‘‘Kingman Airport— Direct final rule; request for Comments Invited comments. Clyde Cessna Field,’’ the new name of the airport, in the legal description. A Interested parties are invited to SUMMARY: Kingman Municipal Airport, review of controlled airspace at participate in this rulemaking by Kingman, KS, has been renamed Kingman, KS indicates existing 700 feet submitting such written data, views, or Kingman Airport—Clyde Cessna Field. Above Ground Level (AGL) airspace arguments, as they may desire. Area Navigation (RNAV) Global does not meet criteria for diverse Comments that provide the factual basis Positioning System (GPS) Standard departures as specified in FAA Order supporting the views, and suggestions Instrument Approach Procedrues 7400.2E, Procedures for Handling presented are particularly helpful in (SIAPs) have been developed to serve Airspace Matters. The criteria in FAA developing reasoned regulatory Kingman Airport—Clyde Cessna Field. Order 7400.2E for an aircraft to reach decisions on the proposal. Comments Also, an existing SIAP serving Kingman 1200 feet AGL is based on a standard are specifically invited on the overall Airport—Clyde Cessna Field has been climb gradient of 200 feet per mile plus regulatory, aeronautical, economic, amended. An examination of controlled the distance from the Airport Reference environmental, and energy-related airspace for Kingman, KS revealed Point (ARP) to the end of the outermost aspects of the proposal. discrepancies in the legal description of runway. Any fractional part of a mile is Communications should identify both the Class E airspace area. converted to the next higher tenth of a docket numbers and be submitted in This action modifies the Kingma, KS mile. The area is enlarged to conform to triplicate to the address listed above. Class E airspace area, replaces the criteria in FAA Order 7400.2E. An Commenters wishing the FAA to ‘‘Kingman Municipal Airport’’ in the amendment to the Very High Frequency acknowledge receipt of their comments legal description of Kingman, KS Class Omni-Directional Range (VOR)/Distance on this notice must submit with those E airspace area with ‘‘Kingman Measuring Equipment (DME) Runway comments a self-addressed, stamped Airport—Clyde Cessna Field,’’ provides (RWY) 18 SIAP raises the final approach postcard on which the following controlled airspace of appropriate fix crossing altitude and thereby statement is made: ‘‘Comments to

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Docket No. FAA–2003–16081/Airspace (Lat. 37°40′08″ N., long. 98°07′26″ W.) FOR FURTHER INFORMATION CONTACT: Docket No. 03–ACE–73.’’ The postcard That airspace extending upward from 700 Kathy Randolph, Air Traffic Division, will be date/time stamped and returned feet above the surface within a 6.5-mile Airspace Branch, ACE–520C, DOT to the commenter. radius of Kingman Airport—Clyde Cessna Municipal Headquarters Building, Field. Federal Aviation Administration, 901 Agency Findings * * * * * Locust, Kansas City, MO 64106; The regulations adopted herein will Issued in Kansas City, MO on November telephone: (816) 329–2525. not have a substantial direct effect on 24, 2003. SUPPLEMENTARY INFORMATION: This the States, on the relationship between Paul J. Sheridan, amendment to 14 CFR part 71 modifies the national government and the States, Acting Manager, Air Traffic Division, Central the Class E airspace area extending or on the distribution of power and Region. upward from 700 feet above the surface responsibilities among the various [FR Doc. 03–30455 Filed 12–8–03; 8:45 am] of the earth at Greenfield, IA. An levels of government. Therefore, it is BILLING CODE 4910–13–M examination of controlled airspace for determined that this final rule does not Greenfield Municipal Airport reveals it have federalism implications under does not meet the criteria for 700 AGL Executive Order 13132. DEPARTMENT OF TRANSPORTATION airspace required for diverse departures The FAA has determined that this as specified in FAA Order 7400.2E, regulation is noncontroversial and Federal Aviation Administration Procedures for Handling Airspace unlikely to result in adverse or negative Matters. The criteria in FAA Order comments. For the reasons discussed in 14 CFR Part 71 7400.2E for an aircraft to reach 1200 feet the preamble, I certify that this AGL is based on a standard climb regulation (1) is not a ‘‘significant [Docket No. FAA–2003–16504; Airspace Docket No. 03–ACE–88] gradient of 200 feet per mile plus the regulatory action’’ under Executive distance from the Airport Reference Order 12866; (2) is not a ‘‘significant Modification of Class E Airspace; Point (ARP) to the end of the outermost rule’’ under Department of Greenfield, IA runway. Any fractional part of a mile is Transportation (DOT) Regulatory converted to the next higher tenth of a AGENCY: Federal Aviation Policies and Procedures (44 FR 11034, mile. This amendment also modifies the Administration (FAA), DOT. February 26, 1979); and (3) if extension to the Greenfield, IA Class E promulgated, will not have a significant ACTION: Direct final rule; request for airspace area by defining it with the economic impact, positive or negative, comments. 144° bearing from the Greenfield on a substantial number of small entities SUMMARY: This action modifies the Class nondirectional radio beacon (NDB) under the criteria of the Regulatory versus the current 142° bearing. This Flexibility Act. E airspace area at Greenfield, IA. A review of controlled airspace for amendment brings the legal description List of Subjects in 14 CFR Part 71 Greenfield Municipal Airport indicates of the Greenfield, IA Class E airspace area into compliance with FAA Order Airspace, Incorporation by reference, it does not comply with the criteria for 7400.2E. This area will be depicted on Navigation (air). 700 feet Above Ground Level (AGL) appropriate aeronautical charts. Class E ■ Accordingly, the Federal Aviation airspace required for diverse departures as specified in FAA Order 7400.2E. A airspace areas extending upward from Administration amends 14 CFR part 71 700 feet or more above the surface of the as follows: discrepancy in the airspace extension was also detected. The area is modified earth are published in paragraph 6005 of Adoption of the Amendment and enlarged to conform to the criteria FAA Order 7400.9L, dated September 2, in FAA Order 7400.2E. 2003, and effective September 16, 2003, PART 71—DESIGNATION OF CLASS A, which is incorporated by reference in 14 DATES: CLASS B, CLASS C, CLASS D, AND This direct final rule is effective CFR 71.1. The Class E airspace CLASS E AIRSPACE AREAS; on 0901 UTC, April 15, 2004. Comments designation listed in this document will AIRWAYS; ROUTES; AND REPORTING for inclusion in the Rules Docket must be published subsequently in the Order. POINTS be received on or before January 22, 2004. The Direct Final Rule Procedure ■ 1. The authority citation for part 71 ADDRESSES: Send comments on this The FAA anticipates that this continues to read as follows: proposal to the Docket Management regulation will not result in adverse or Authority: 49 U.S.C. 106(g), 40103, 40113, System, U.S. Department of negative comment and, therefore, is 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Transportation, Room Plaza 401, 400 issuing it as a direct final rule. Previous 1963 Comp., p. 389. Seventh Street, SW., Washington, DC actions of this nature have not been § 71.1 [Amended] 20590–0001. You must identify the controversial and have not resulted in docket number FAA–2003–16504/ adverse comments or objections. Unless ■ 2. The incorporation by reference in 14 Airspace Docket No. 03–ACE–88, at the a written adverse or negative comment, CFR 71.1 of Federal Aviation beginning of your comments. You may or a written notice of intent to submit Administration Order 7400.9L, dated also submit comments on the Internet at an adverse or negative comment is September 2, 2003, and effective http://dms.dot.gov. You may review the received within the comment period, September 16, 2003, is amended as public docket containing the proposal, the regulation will become effective on follows: any comments received, and any final the date specified above. After the close Paragraph 6005 Class E airspace areas disposition in person in the Dockets of the comment period, the FAA will extending upward from 700 feet or more Office between 9 a.m. and 5 p.m., publish a document in the Federal above the surface of the earth. Monday through Friday, except Federal Register indicating that no adverse or * * * * * holidays. The Docket Office (telephone negative comments were received and 1–800–647–5527) is on the plaza level confirming the date on which the final ACE KS E5 Kingman, KS of the Department of Transportation rule will become effective. If the FAA Kingman Airport—Clyde Cessna Field, KS NASSIF Building at the above address. does receive, within the comment

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period, an adverse or negative comment, Adoption of the Amendment SUMMARY: This action corrects a Final or written notice of intent to submit rule that was published in the Federal ■ such a comment, a document Accordingly, the Federal Aviation Register on Friday, November 14, 2003, withdrawing the direct final rule will be Administration amends 14 CFR part 71 (68 FR 64524) [FR Doc. 03–38538]. It published in the Federal Register, and as follows: corrects an error in the classification of a notice of proposed rulemaking may be PART 71—DESIGNATION OF CLASS A, a Goodland, KS Class E airspace area. published with a new comment period. CLASS B, CLASS C, CLASS D, AND DATES: This direct final rule is effective Comments Invited CLASS E AIRSPACE AREAS; on 0901 UTC, December 25, 2003. AIRWAYS; ROUTES; AND REPORTING FOR FURTHER INFORMATION CONTACT: Interested parties are invited to POINTS participate in this rulemaking by Kathy Randolph, Air Traffic Division, submitting such written data, views, or ■ 1. The authority citation for part 71 Airspace Branch, ACE–520C, DOT arguments, as they may desire. continues to read as follows: Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Comments that provide the factual basis Authority: 49 U.S.C. 106(g), 40103, 40113, supporting the views and suggestions 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Kansas City, MO 64106; telephone: presented are particularly helpful in 1963 Comp., p. 389. (816) 329–2525. developing reasoned regulatory SUPPLEMENTARY INFORMATION: decisions on the proposal. Comments § 71.1 [Amended] are specifically invited on the overall ■ 2. The incorporation by reference in 14 History regulatory, aeronautical, economic, CFR 71.1 of Federal Aviation On Monday, September 22, 2003, the environmental, and energy-related Administration Order 7400.9L, dated FAA proposed to amend 14 CFR part 71 aspects of the proposal. September 2, 2003, and effective by establishing a Class E airspace area Communications should identify both September 16, 2002, is amended as designated as an extension to the Class docket numbers and be submitted in follows: E surface area and revising the Class E triplicate to the address listed above. * * * * * airspace area extending upward from Commenters wishing the FAA to 700 feet or more above the surface at acknowledge receipt of their comments Paragraph 6005 Class E airspace areas Goodland, KS (68 FR 55015) [FR Doc. on this notice must submit with those extending upward from 700 feet or more 03–24143]. Interested parties were above the surface of the earth. comments a self-addressed, stamped invited to participate in this rulemaking postcard on which the following * * * * * proceeding by submitting written statement is made: ‘‘Comments to ACE IA E5 Greenfield, IA comments on the proposal to the FAA. Docket No. FAA–2003–16504/Airspace Greenfield Municipal Airport, IA No comments objecting to the proposal Docket No. 03–ACE–88.’’ The postcard (Lat. 41°19′37″ N., long. 94°26′45″ W.) were received and a Final rule was will be date/time stamped and returned Greenfield NDB subsequently published in the Federal to the commenter. (Lat. 41°19′32″ N., long. 94°26′40″ W.) Register on Friday, November 14, 2003, Agency Findings That airspace extending upward from 700 (68 FR 64524) [FR Doc. 03–28538]. feet above the surface within a 6.4-mile A determination has been made that The regulations adopted herein will radius of Greenfield Municipal Airport and ° airspace comprising the extension to the not have a substantial direct effect on within 2.6 miles each side of the 144 bearing Goodland, KS Class E surface area was from the Greenfield NDB extending from the the States, on the relationship between necessary and properly established. the national Government and the States, 6.4-mile radius to 7.4 miles northwest of the airport. However, this airspace area was or on the distribution of power and erroneously categorized as an extension * * * * * responsibilities among the various to the Class E surface area (E4) when it levels of government. Therefore, it is Issued in Kansas City, MO, on November should have been added to the existing determined that this final rule does not 24, 2003. Class E airspace designated as a surface have federalism implications under Paul J. Sheridan, area (E2). This correction has no effect Executive Order 13132. Acting Manager, Air Traffic Division, Central on the dimensions or definition of The FAA has determined that this Region. controlled airspace established by the regulation is noncontroversial and [FR Doc. 03–30456 Filed 12–8–03; 8:45 am] rule, it merely identifies the extension unlikely to result in adverse or negative BILLING CODE 4910–13–M as part of the basic surface area. comments. For the reasons discussed in ■ the preamble, I certify that this Accordingly, pursuant to the authority regulation (1) is not a ‘‘significant DEPARTMENT OF TRANSPORTATION delegated to me, the Goodland, KS Class regulatory action’’ under Executive E4 airspace, as published in the Federal Order 12866; (2) is not a ‘‘significant Federal Aviation Administration Register on Friday, November 14, 2003, rule’’ under Department of (68 FR 64524) [FR Doc. 03–28538] is Transportation (DOT) Regulatory 14 CFR Part 71 corrected as follows: Policies and Procedures (44 FR 11034, § 71.1 [Corrected] February 26, 1979); and (3) if [Docket No. FAA–2003–16079; Airspace ■ promulgated, will not have a significant Docket No. 03–ACE–71] 1. On page 64524, column 3, following economic impact, positive or negative, amendatory instruction 2, revise on a substantial number of small entities Establishment of Class E4 Airspace; ‘‘Paragraph 6004 Class E airspace areas under the criteria of the Regulatory and Modification of Class E5 Airspace; designated as an extension to Class D or Flexibility Act. Goodland, KS Class E Surface area’’ to read ‘‘Paragraph 6002 Class E Airspace Designated as List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation Surface Areas.’’ Administration (FAA), DOT. Airspace, Incorporation by reference, ■ 2. On page 64524, column 3, following ACTION: Final rule; correction. Navigation (air). amendatory instruction 2, revise:

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‘‘ACE KS E4 Goodland, KS CFR part 347) with annual sales less The petition noted that the preamble Renner Field-Goodland Municipal Airport, than $25,000 is June 6, 2005. The to the FM contained a discussion of a KS compliance date for all other products study using nonmonograph (Lat. 39°22′14″N., long. 101°41′56″W.) subject to part 347 is June 4, 2004. The concentrations of glycerin (less than 20 Goodland VORTAC compliance date for combination percent) that were found to be ° ′ ″ ° ′ ″ (Lat. 39 23 16 N., long. 101 41 32 W.) products containing skin protectant and inadequate to support the indication That airspace extending upward from the sunscreen active ingredients in that had been proposed in the TFM (see surface within 2.4 miles each side of the ° § 347.20(d) and for all products subject 68 FR 33362 at 33367). The petition Goodland VORTAC 164 radial extending added that the FM did not provide from the 4.1-mile radius of Renner Field- to part 352 was stayed until further Goodland Municipal Airport to 7 miles notice at 68 FR 33362, June 4, 2003. adequate justification or discussion for southeast of the VORTAC.’’ to read: Comment Date: Submit written or the elimination of this claim for other electronic comments by February 9, skin protectant active ingredients. The ‘‘ACE KS E2 Goodland, KS 2004. petition stated that skin protectant Renner Field-Goodland Municipal Airport, products are selected frequently for KS ADDRESSES: Submit written comments their preventative as well as their ° ′ ″ ° ′ ″ (Lat. 39 22 14 N., long. 101 41 56 W.) to the Division of Dockets Management protective benefits. The petition Goodland VORTAC (HFA–305), Food and Drug requested FDA to reconsider its decision (Lat. 39°23′16″N., long. 101°41′32″W.) Administration, 5630 Fishers Lane, rm. not to include the terms ‘‘helps prevent’’ Within a 4.1-mile radius of Renner Field- 1061, Rockville, MD 20852. Submit and ‘‘chafed’’ in the indications in Goodland Municipal Airport and within 2.4 electronic comments to http:// § 347.50(b)(2) of the FM. miles each side of the Goodland VORTAC www.fda.gov/dockets/ecomments. 164° radial extending from the 4.1-mile radius of the airport to 7 miles southeast of FOR FURTHER INFORMATION CONTACT: II. FDA’s Conclusions on the Petition the VORTAC.’’ Gerald M. Rachanow, Center for Drug FDA has reevaluated the indications Issued in Kansas City, MO, on November Evaluation and Research (HFD–560), in § 347.50(b)(2) of the FM and concurs 24, 2003. Food and Drug Administration, 5600 with the petition that these terms Paul J. Sheridan, Fishers Lane, Rockville, MD 20857, should have remained in these Acting Manager, Air Traffic Division, Central 301–827–2222. indications, as proposed in the TFM. Region. SUPPLEMENTARY INFORMATION: However, because labeling space may be limited for some OTC skin protectant [FR Doc. 03–30459 Filed 12–8–03; 8:45 am] I. Background BILLING CODE 4910–13–M drug products and all manufacturers of In the Federal Register of June 4, 2003 these products may not wish to include (68 FR 33362), FDA issued a FM for this additional language in their DEPARTMENT OF HEALTH AND OTC skin protectant drug products in products’ indications, FDA is including HUMAN SERVICES part 347. Section 347.50(b)(2) of that FM these additional terms as optional includes the following indications for labeling in the indications in Food and Drug Administration OTC skin protectant drug products: § 347.50(b)(2). Including these (2) For products containing any ingredient additional terms as labeling options will 21 CFR Part 347 in § 347.10(a), (d), (e), (g), (h), (i), (k), (l), (m), enable those manufacturers who wish to and (r)—(i) The labeling states ‘‘temporarily include these terms in product labeling [Docket Nos. 78N–0021 and 78N–021P] protects’’ (which may be followed by: ‘‘and to do so, but will not require all helps relieve’’) ‘‘chapped or cracked skin’’ RIN 0910–AA01 manufacturers of these products to have (which may be followed by: ‘‘and lips’’). This to include the terms if they do not wish Skin Protectant Drug Products for statement may be followed by the optional statement: ‘‘helps protect from the drying to do so. Accordingly, in this final rule, Over-the-Counter Human Use; Final effects of wind and cold weather’’. [If both FDA is amending § 347.50(b)(2) to read Monograph; Technical Amendment statements are used, each is preceded by a as follows: bullet.] (2) For products containing any ingredient AGENCY: Food and Drug Administration, in § 347.10(a), (d), (e), (g), (h), (i), (k), (l), (m), HHS. (ii) For products formulated as a lip protectant. The labeling states ‘‘temporarily and (r)—(i) The labeling states (optional: ACTION: Final rule; technical protects’’ (which may be followed by: ‘‘and ‘‘helps prevent and’’) ‘‘temporarily protects’’ amendment. helps relieve’’) ‘‘chapped or cracked lips’’. (optional: ‘‘and helps relieve’’) (optional: This statement may be followed by the ‘‘chafed,’’) ‘‘chapped or cracked skin’’ SUMMARY: The Food and Drug optional statement: ‘‘helps protect lips from (optional: ‘‘and lips’’). This statement may be Administration (FDA) is amending the the drying effects of wind and cold weather’’. followed by the optional statement: ‘‘helps’’ regulation that established conditions [If both statements are used, each is preceded (optional: ‘‘prevent and’’) ‘‘protect from the under which over-the-counter (OTC) by a bullet.] drying effects of wind and cold weather’’. [If both statements are used, each is preceded by skin protectant drug products are Shortly after FDA issued the FM, an a bullet.] generally recognized as safe and industry national trade association (ii) For products formulated as a lip effective and not misbranded as part of submitted a petition (‘‘The petition,’’ protectant. The labeling states (optional: FDA’s ongoing review of OTC drug Ref. 1) requesting FDA to amend the FM ‘‘helps prevent and’’) ‘‘temporarily protects’’ products. This amendment revises to permit the terms ‘‘helps prevent’’ and (optional: ‘‘and helps relieve’’) (optional: several of the indications for OTC skin ‘‘chafed’’ in the indications in ‘‘chafed,’’) ‘‘chapped or cracked lips’’. This protectant drug products to provide § 347.50(b)(2). The petition stated that statement may be followed by the optional statement: ‘‘helps’’ (optional: ‘‘prevent and’’) additional labeling claims that should FDA had included these terms in the ‘‘protect from the drying effects of wind and not have been excluded from the final indication in this section proposed in cold weather’’. [If both statements are used, monograph (FM). the tentative final monograph (TFM) each is preceded by a bullet.] DATES: Effective Date: This rule is (February 15, 1983, 48 FR 6820 at 6832), FDA concludes that this revised effective June 4, 2004. which stated: ‘‘Helps prevent and labeling provides manufacturers a Compliance Dates: The compliance temporarily protects chafed, chapped, number of ways to state the indications date for products subject to part 347 (21 cracked, or windburned skin and lips.’’ for these OTC skin protectant drug

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products. Although not requested by the 10.40(e)(1), FDA is providing an For the reasons stated in the previous petition, FDA is also amending the opportunity for comment on whether paragraphs and under the Regulatory indications in § 347.50(e)(1)(ii) [for the regulation should be modified or Flexibility Act (5 U.S.C. 605(b)), the products formulated and labeled as a lip revoked. Commissioner of Food and Drugs protectant and that meet the criteria certifies that this final rule will not have III. Analysis of Impacts established in § 201.66(d)(10)] and a significant economic impact on a (f)(1)(ii) [for products containing only FDA has examined the impacts of this substantial number of small entities. cocoa butter, petrolatum, or white final rule under Executive Order 12866 IV. Paperwork Reduction Act of 1995 petrolatum, singly or in combination and the Regulatory Flexibility Act (5 with each other, and marketed other U.S.C. 601–612), and the Unfunded FDA concludes that the labeling than as a lip protectant]. FDA is Mandates Reform Act of 1995 (2 U.S.C. requirements in this document are not amending these indications so that OTC 1501 et seq.). Executive Order 12866 subject to review by the Office of skin protectant drug products labeled directs agencies to assess all costs and Management and Budget because they under these sections of the monograph benefits of available regulatory do not constitute a ‘‘collection of can have comparable labeling to alternatives and, when regulation is information’’ under the Paperwork products labeled under § 347.50(b)(2). necessary, to select regulatory Reduction Act of 1995 (44 U.S.C. 3501 These amended sections read as follows: approaches that maximize net benefits et seq.). Rather, the labeling statements (e)(1)(ii) The heading and the indication (including potential economic, are a ‘‘public disclosure of information required by § 201.66(c)(4) of this chapter may environmental, public health and safety, originally supplied by the Federal be limited to: ‘‘Use [in bold type] helps’’ and other advantages; distributive Government to the recipient for the (optional: ‘‘prevent and’’) ‘‘protect’’ (optional: ‘‘and relieve’’) ‘‘chapped lips’’. If both impacts; and equity). Under the purpose of disclosure to the public’’ (5 optional terms are used, the indication may Regulatory Flexibility Act, if a rule may CFR 1320.3(c)(2)). have a significant economic impact on be limited to: ‘‘Use [in bold type] helps V. Federalism prevent, protect, and relieve chapped lips’’. a substantial number of small entities, (f)(1)(ii) The heading and the indication an agency must analyze regulatory FDA has analyzed this final rule in required by § 201.66(c)(4) of this chapter may options that would minimize any accordance with the principles set forth be limited to ‘‘Use [in bold type] helps significant impact of the rule on small in Executive Order 13132. FDA has protect minor cuts and burns’’ or ‘‘Use [in entities. Section 202(a) of the Unfunded bold type] helps’’ (optional: ‘‘prevent and’’) determined that the rule does not ‘‘protect chapped skin’’ or ‘‘Use [in bold Mandates Reform Act of 1995 requires contain policies that have substantial type] helps protect minor cuts and burns that agencies prepare a written direct effects on the States, on the and’’ (optional: ‘‘prevent and protect’’) statement and economic analysis before relationship between the National ‘‘chapped skin’’. proposing any rule that may result in an Government and the States, or on the FDA also intends to amend one of the expenditure by state, local, and tribal distribution of power and indications in § 352.52(f)(1)(ii) to add governments, in the aggregate, or by the responsibilities among the various the optional ‘‘prevents’’ language to be private sector, of $100 million in any 1 levels of government. Accordingly, FDA comparable to the other labeling year (adjusted annually for inflation). has concluded that the rule does not revisions being made above. FDA FDA concludes that this final rule is contain policies that have federalism intends to propose that the revised consistent with the principles set out in implications as defined in the Executive indication state: Executive Order 12866 and in these two order and, consequently, a federalism ‘‘For a lip protectant product, the heading statutes. The final rule is not a summary impact statement is not and the indication required by § 201.66(c)(4) significant regulatory action as defined required. may be limited to: ‘‘Use [in bold type] helps by the Executive order and so is not protect against sunburn and’’ (optional: VI. Environmental Impact ‘‘prevent and protect’’) ‘‘chapped lips’’. subject to review under the Executive Because the final monograph for OTC order. The Unfunded Mandates Reform FDA has determined under 21 CFR sunscreen drug products in part 352 is Act does not require FDA to prepare a 25.31(a) that this action is of a type that currently stayed, FDA intends to statement of costs and benefits for this does not individually or cumulatively propose this revision in an amendment final rule, because the final rule is not have a significant effect on the human of that monograph, in a future issue of expected to result in any 1-year environment. Therefore, neither an the Federal Register. expenditure that would exceed $100 environmental assessment nor an To the extent that 5 U.S.C. 553 applies million adjusted for inflation. The environmental impact statement is to this action, it is exempt from notice current inflation adjusted statutory required. threshold is about $110 million. and comment because it comes within VII. Comments the good cause exceptions in 5 U.S.C. The purpose of this final rule is to 553(b)(3)(B) in that obtaining public revise several monograph indications. Interested persons may submit written comment is impracticable, unnecessary, These changes provide manufacturers of or electronic comments to the Division and contrary to public interest. The OTC skin protectant drug products of Dockets Management (see labeling revisions represent a minor additional options to state the uses in ADDRESSES). Three copies of all written change to reinstate language that should the labeling for their products. comments are to be submitted. not have been excluded from the FM, All manufacturers of OTC skin Individuals submitting written and to make other labeling in the FM protectant drug products will need to comments or anyone submitting consistent with the labeling proposed in relabel their products as a result of the electronic comments may submit one the TFM. In addition, given the FM issued on June 4, 2003. Based on the copy. Comments are to be identified imminence of the current compliance amount of time it takes to relabel with the docket number found in dates (see DATES) for the FM, seeking products (6 to 10 months, on average) brackets in the heading of this prior public comment on this delay is FDA estimates that few, if any, document and may be accompanied by contrary to the public interest in the manufacturers have relabeled their a supporting memorandum or brief. orderly issuance and implementation of products as of the date of this technical Received comments may be seen in the regulations. In accordance with 21 CFR amendment to the FM. Division of Dockets Management

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between 9 a.m. and 4 p.m., Monday ‘‘protect’’ (optional: ‘‘and relieve’’) Need for Correction through Friday. ‘‘chapped lips’’. If both optional terms As published, these final and are used, the indication may be limited VIII. Reference temporary regulations (TD 9094) contain to: ‘‘Use [in bold type] helps prevent, errors that may prove to be misleading The following reference is on display protect, and relieve chapped lips’’. and are in need of clarification. in the Division of Dockets Management * * * * * (see ADDRESSES) and may be seen by (f) Products containing only cocoa Correction of Publication interested persons between 9 a.m. and 4 butter, petrolatum, or white petrolatum ■ Accordingly, the publication of the p.m., Monday through Friday. identified in § 347.10(d), (m), and (r), 1. Comment No. PRC1. final and temporary regulations (TD singly or in combination with each 9094), which were the subject of FR Doc. List of Subjects in 21 CFR Part 347 other, and marketed other than as a lip 03–28190, is corrected to read as follows: Labeling, Over-the-counter drugs. protectant. (1) * * * ■ On page 63734, Authority Citation, (ii) The heading and the indication ■ Therefore, under the Federal Food, column 1, the language ‘‘Section required by § 201.66(c)(4) of this chapter Drug, and Cosmetic Act and under 1.6031(a)–1T also issued under’’ is may be limited to ‘‘Use [in bold type] authority delegated to the Commissioner corrected to read ‘‘Section 1.6031(a)–1T helps protect minor cuts and burns’’ or of Food and Drugs, 21 CFR part 347 is is also issued under’’. ‘‘Use [in bold type] helps’’ (optional: amended as follows: ‘‘prevent and’’) ‘‘protect chapped skin’’ Cynthia E. Grigsby, Acting Chief, Publications and Regulations PART 347—SKIN PROTECTANT DRUG or ‘‘Use [in bold type] helps protect minor cuts and burns and’’ (optional: Branch, Legal Processing Division, Associate PRODUCTS FOR OVER-THE- Chief Counsel (Procedure and COUNTER HUMAN USE ‘‘prevent and protect’’) ‘‘chapped skin’’. Administration). * * * * * [FR Doc. 03–30524 Filed 12–8–03; 8:45 am] ■ 1. The authority citation for 21 CFR Dated: December 1, 2003. part 347 continues to read as follows: BILLING CODE 4830–01–P Jeffrey Shuren, Authority: Authority: 21 U.S.C. 321, 351, Assistant Commissioner for Policy. 352, 353, 355, 360, 371. [FR Doc. 03–30394 Filed 12–8–03; 8:45 am] DEPARTMENT OF DEFENSE ■ 2. Section 347.50 is amended by BILLING CODE 4160–01–S revising paragraphs (b)(2), (e)(1)(ii), and Department of the Navy (f)(1)(ii) to read as follows: 32 CFR Part 706 § 347.50 Labeling of skin protectant drug DEPARTMENT OF THE TREASURY products. Certifications and Exemptions Under * * * * * Internal Revenue Service the International Regulations for (b) Indications. *** Preventing Collisions at Sea, 1972 (2) For products containing any 26 CFR Part 1 ingredient in § 347.10(a), (d), (e), (g), (h), AGENCY: Department of the Navy, DOD. [TD 9094] (i), (k), (l), (m), and (r)—(i) The labeling ACTION: Final rule. states (optional: ‘‘helps prevent and’’) RIN 1545–BC01 ‘‘temporarily protects’’ (optional: ‘‘and SUMMARY: The Department of the Navy helps relieve’’) (optional: ‘‘chafed,’’) Return of Partnership Income is amending its certifications and ‘‘chapped or cracked skin’’ (optional: exemptions under the International AGENCY: ‘‘and lips’’). This statement may be Internal Revenue Service (IRS), Regulations for Preventing Collisions at followed by the optional statement: Treasury. Sea, 1972 (72 COLREGS), to reflect that ‘‘helps’’ (optional: ‘‘prevent and’’) ACTION: Correction to final and the Deputy Assistant Judge Advocate ‘‘protect from the drying effects of wind temporary regulations. General (Admiralty and Maritime Law) and cold weather’’. [If both statements has determined that USS PINCKNEY SUMMARY: This document contains final are used, each is preceded by a bullet.] (DDG 91) is a vessel of the Navy which, and temporary regulations that were (ii) For products formulated as a lip due to its special construction and published in the Federal Register on protectant. The labeling states (optional: purpose, cannot fully comply with November 10, 2003 (68 FR 63733), that ‘‘helps prevent and’’) ‘‘temporarily certain provisions of the 72 COLREGS authorize the Commissioner to provide protects’’ (optional: ‘‘and helps relieve’’) without interfering with its special exceptions to the requirements of (optional: ‘‘chafed,’’) ‘‘chapped or function as a naval ship. The intended section 6301(a) of the Internal Revenue cracked lips’’. This statement may be effect of this rule is to warn mariners in Code for certain partnerships by followed by the optional statement: waters where 72 COLREGS apply. guidance published in the Internal ‘‘helps’’ (optional: ‘‘prevent and’’) EFFECTIVE DATE: June 16, 2003. Revenue Bulletin. ‘‘protect from the drying effects of wind FOR FURTHER INFORMATION CONTACT: and cold weather’’. [If both statements EFFECTIVE DATE: This correction is Commander Scott A. Kenney, JAGC, are used, each is preceded by a bullet.] effective November 5, 2003. U.S. Navy, Deputy Assistant Judge * * * * * FOR FURTHER INFORMATION CONTACT: Advocate General (Admiralty and (e) Products formulated and labeled David A. Shulman (202) 622–3070 (not Maritime Law), Office of the Judge as a lip protectant and that meet the a toll-free number). Advocate General, Department of the criteria established in § 201.66(d)(10) of SUPPLEMENTARY INFORMATION: Navy, 1322 Patterson Ave., SE, Suite this chapter. *** 3000, Washington Navy Yard, DC (1) * * * Background 20374–5066, Telephone number: (202) (ii) The heading and the indication The final and temporary regulations 685–5040. required by § 201.66(c)(4) of this chapter that are the subject of these corrections SUPPLEMENTARY INFORMATION: Pursuant may be limited to: ‘‘Use [in bold type] are under section 6031 of the Internal to the authority granted in 33 U.S.C. helps’’ (optional: ‘‘prevent and’’) Revenue Code. 1605, the Department of the Navy

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amends 32 CFR Part 706. This paragraph 2(f)(i), pertaining to the herein will adversely affect the vessel’s amendment provides notice that the placement of the masthead light or ability to perform its military functions. Deputy Assistant Judge Advocate lights above and clear of all other lights List of Subjects in 32 CFR Part 706 General (Admiralty and Maritime Law), and obstructions; and Annex I, under authority delegated by the paragraph 2(f)(ii), pertaining to the Marine safety, Navigation (water), and Secretary of the Navy, has certified that vertical placement of task lights. The Vessels. USS PINCKNEY (DDG 91) is a vessel of Deputy Assistant Judge Advocate ■ Accordingly, 32 CFR Part 706 is the Navy which, due to its special General (Admiralty and Maritime Law) amended as follows: construction and purpose, cannot fully has also certified that the lights PART 706—[AMENDED] comply with the following specific involved are located in closest possible provisions of 72 COLREGS without compliance with the applicable 72 ■ 1. The authority citation for 32 CFR interfering with its special function as a COLREGS requirements. Part 706 continues to read as follows: naval ship: Annex I, paragraph 3(a) Moreover, it has been determined, in Authority: 33 U.S.C. 1605. pertaining to the location of the forward accordance with 32 CFR Parts 296 and ■ 2. Table Four, Paragraph 15 of § 706.2 masthead light in the forward quarter of 701, that publication of this amendment the vessel, and the horizontal distance is amended by adding, in numerical for public comment prior to adoption is order, the following entry for USS between the forward and after masthead impracticable, unnecessary, and PINCKNEY: lights; Annex I, paragraph 3(c), contrary to public interest since it is pertaining to placement of task lights § 706.2 Certifications of the Secretary of based on technical findings that the not less than two meters from the fore the Navy under Executive Order 11964 and placement of lights on this vessel in a and aft centerline of the ship in the 33 U.S.C. 1605. manner differently from that prescribed athwartship direction; Annex I, * * * * *

Horizontal distance from the fore and aft Vessel Number centerline of the ves- sel in the athwartship direction

******* USS PINCKNEY ...... DDG 91 1.87 meters.

*******

■ 3. Table Four, Paragraph 16 of § 706.2 order, the following entry for USS § 706.2 Certifications of the Secretary of is amended by adding, in numerical PINCKNEY: the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * *

Obstruction angle rel- Vessel Number ative ship’s headings

******* USS PINCKNEY ...... DDG 91 107.07 thru 112.50°

*******

■ 4. Table Five of § 706.2 is amended by § 706.2 Certifications of the Secretary of adding, in numerical order, the following the Navy under Executive Order 11964 and entry for USS PINCKNEY: 33 U.S.C. 1605. * * * * *

TABLE FIVE

After masthead Masthead lights not Forward masthead light less than 1 2 ⁄ Percentage hori- Vessel No. over all other lights light not in forward ship’s length aft of and obstructions. quarter of ship. forward masthead zontal separation Annex I, sec. 2(f) Annex I, sec. 3(a) light. Annex I, sec. attained 3(a)

******* USS PINCKNEY ...... DDG 91 X X X 14.4

*******

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Dated: June 16, 2003. FOR FURTHER INFORMATION CONTACT: paragraph 2(f)(ii), pertaining to the S.A. Kenney, Captain James H. Hohenstein, JAGC, vertical placement of task lights. The Commander, JAGC, U.S. Navy, Deputy U.S. Navy Reserve, Deputy Assistant Deputy Assistant Judge Advocate Assistant Judge Advocate, General (Admiralty Judge Advocate General (Admiralty and General (Admiralty and Maritime Law) and Maritime Law). Maritime Law)(Acting), Office of the has also certified that the lights [FR Doc. 03–30418 Filed 12–8–03; 8:45 am] Judge Advocate General, Department of involved are located in closest possible BILLING CODE 3810–FF–P the Navy, 1322 Patterson Ave. SE., Suite compliance with the applicable 72 3000, Washington Navy Yard, DC COLREGS requirements. 20374–5066, Telephone number: (202) Moreover, it has been determined, in DEPARTMENT OF DEFENSE 685–5040. accordance with 32 CFR parts 296 and 701, that publication of this amendment Department of the Navy SUPPLEMENTARY INFORMATION: Pursuant for public comment prior to adoption is to the authority granted in 33 U.S.C. impracticable, unnecessary, and 32 CFR Part 706 1605, the Department of the Navy contrary to public interest since it is amends 32 CFR part 706. This based on technical findings that the Certifications and Exemptions Under amendment provides notice that the placement of lights on this vessel in a the International Regulations for Deputy Assistant Judge Advocate manner differently from that prescribed Preventing Collisions at Sea, 1972 General (Admiralty and Maritime Law), herein will adversely affect the vessel’s under authority delegated by the ability to perform its military functions. AGENCY: Department of the Navy, DOD. Secretary of the Navy, has certified that USS CHAFEE (DDG 90) is a vessel of the List of Subjects in 32 CFR Part 706 ACTION: Final rule. Navy which, due to its special Marine safety, Navigation (water), and construction and purpose, cannot fully SUMMARY: The Department of the Navy Vessels. comply with the following specific is amending its certifications and ■ Accordingly, 32 CFR part 706 is provisions of 72 COLREGS without exemptions under the International amended as follows: interfering with its special function as a Regulations for Preventing Collisions at naval ship: Annex I, paragraph 3(a) Sea, 1972 (72 COLREGS), to reflect that PART 706—[AMENDED] pertaining to the location of the forward the Deputy Assistant Judge Advocate masthead light in the forward quarter of ■ 1. The authority citation for 32 CFR General (Admiralty and Maritime Law) the vessel, and the horizontal distance part 706 continues to read as follows: has determined that USS CHAFEE (DDG between the forward and after masthead 90) is a vessel of the Navy which, due Authority: 33 U.S.C. 1605. lights; Annex I, paragraph 3(c), to its special construction and purpose, ■ 2. Table Four, paragraph 15 of § 706.2 pertaining to placement of task lights cannot fully comply with certain is amended by adding, in numerical not less than two meters from the fore provisions of the 72 COLREGS without order, the following entry for USS and aft centerline of the ship in the interfering with its special function as a CHAFEE: athwartship direction; Annex I, naval ship. The intended effect of this paragraph 2(f)(i), pertaining to the § 706.2 Certifications of the Secretary of rule is to warn mariners in waters where placement of the masthead light or the Navy under Executive Order 11964 and 72 COLREGS apply. lights above and clear of all other lights 33 U.S.C. 1605. EFFECTIVE DATE: June 11, 2003. and obstructions; and Annex I, * * * * *

Horizontal distance from the fore and aft centerline of the Vessel Number vessel in the athwartship direc- tion

******* USS CHAFEE ...... DDG 90 1.90 meters

*******

■ 3. Table Four, paragraph 16 of § 706.2 order, the following entry for USS § 706.2 Certifications of the Secretary of is amended by adding, in numerical CHAFEE: the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * *

Obstruction angle rel- Vessel Number ative ship’s headings

******* USS CHAFEE ...... DDG 90 108.88 thru 112.50°

*******

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4. Table Five of § 706.2 is amended by § 706.2 Certifications of the Secretary of adding, in numerical order, the the Navy under Executive Order 11964 and following entry for USS CHAFEE: 33 U.S.C. 1605. * * * * *

TABLE FIVE

After masthead Masthead lights Forward mast- light less than 1/2 not over all other head light not in × ship’s length aft Percentage hori- Vessel No. lights and obstruc- forward quarter of of forward mast- zontal separation tions. Annex I, ship. Annex I, sec. head light. Annex attained sec. 2(f) 3(a) I, sec. 3(a)

******* USS CHAFEE ...... DDG 90 X X X 14.6

******

Dated: June 11, 2003. warn mariners in waters where 72 forward masthead light in the forward J.H. Hohenstein, COLREGS apply. quarter of the ship. The Deputy Captain, JAGC, U.S. Navy Reserve, Deputy EFFECTIVE DATE: January 30, 2003. Assistant Judge Advocate General Assistant Judge Advocate General (Admiralty FOR FURTHER INFORMATION CONTACT: (Admiralty and Maritime Law) has also and Maritime Law) (Acting). Lieutenant Commander Dominick G. certified that the lights involved are [FR Doc. 03–30419 Filed 12–8–01; 8:45 am] Yacono, JAGC, U.S. Navy Deputy located in closest possible compliance BILLING CODE 3810–FF–P Assistant Judge Advocate General with the applicable 72 COLREGS (Admiralty and Maritime Law), Office of requirements. the Judge Advocate General, Department Moreover, it has been determined, in DEPARTMENT OF DEFENSE of the Navy 1322 Patterson Ave. SE., accordance with 32 CFR parts 296 and Suite 3000, Washington Navy Yard, DC 701, that publication of this amendment Department of the Navy 20374–5066, Telephone number: (202) for public comment prior to adoption is 685–5040. impracticable, unnecessary, and 32 CFR Part 706 SUPPLEMENTARY INFORMATION: Pursuant contrary to public interest since it is based on technical findings that the Certifications and Exemptions Under to the authority granted in 33 U.S.C. 1605, the Department of the Navy placement of lights on this vessel in a the International Regulations for amends 32 CFR part 706. This manner differently from that prescribed Preventing Collisions at Sea, 1972 amendment provides notice that the herein will adversely affect the vessel’s AGENCY: Department of the Navy, DOD. Deputy Assistant Judge Advocate ability to perform its military functions. ACTION: Final rule. General (Admiralty and Maritime Law) of the Navy, under authority delegated List of Subjects in 32 CFR Part 706 SUMMARY: The Department of the Navy by the Secretary of the Navy, has Marine Safety, Navigation (Water), is amending its certifications and certified that USS RONALD REAGAN and Vessels. exemptions under the International (CVN 76) is a vessel of the Navy which, ■ Accordingly, 32 CFR part 706 is Regulations for Preventing Collisions at due to its special construction and amended as follows: Sea, 1972 (72 COLREGS), to reflect that purpose, cannot comply fully with the the Deputy Assistant Judge Advocate following specific provisions of 72 PART 706—[AMENDED] General (Admiralty and Maritime Law) COLREGS without interfering with its of the Navy has determined that USS special function as a naval ship: Rule ■ 1. The authority citation for 32 CFR RONALD REAGAN (CVN 76) is a vessel 21(a), pertaining to the placement of the part 706 continues to read: of the Navy which, due to its special masthead lights over the fore and aft Authority: 33 U.S.C. 1605 construction and purpose, cannot centerline of the ship; Annex I, comply fully with certain provisions of paragraph 2(g), pertaining to the § 706.2 [Amended] the 72 COLREGS without interfering placement of the sidelights above the ■ 2. Table Two of § 706.2 is amended by with its special function as a naval ship. hull; and Annex I, paragraph 3(a), adding, in numerical order, the following The intended effect of this rule is to pertaining to the placement of the entry for USS RONALD REAGAN:

TABLE TWO

Forward AFT an- Side lights, Side lights, Masthead anchor Forward chor light, Side lights, distance distance lights, dis- light, dis- anchor distance AFT an- distance forward of inboard of tance to tance light, num- below flight chor light, below flight forward ship’s Vessel Number stbd of below flight number of; keel in me- dk in me- ber of; dk in me- Rule dk in me- masthead sides in ters; Rule ters; Rule ters; Rule 30(a)(ii) ters; ¤ 2(g), light in me- meters; 21(a) ¤ 2(K), 30(a)(i) 21(e), Rule Annex I ters; ¤ 3(b), ¤ 3(b), Annex I 30(a)(ii) Annex I Annex I

USS RONALD REAGAN ...... CVNÐ76 31,09 ...... 0.56 ......

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■ 3. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS RONALD REAGAN:

TABLE FIVE

After masthead Masthead lights Forward masthead light less than 1/2 not over all other light not in forward ship’s length aft of Percentage hori- Vessel No. lights and obstruc- quarter of ship. forward masthead zontal separation tions. annex I, annex I, sec. 3(a) light. annex I, sec. attained. sec. 2(f) 3(a)

USS RONALD REAGAN ...... CVN 76 ...... X ......

Dated: January 30, 2003. FOR FURTHER INFORMATION CONTACT: certain masthead lights on USS D.G. Yacono, Commander S. A. Kenney, JAGC, U.S. BENFOLD (DDG 65), previously Lieutenant Commander, JAGC, U.S. Navy, Navy, Deputy Assistant Judge Advocate certified as not in compliance with 72 Deputy Assistant Judge Advocate, General General (Admiralty and Maritime Law), COLREGS, now comply with the (Admiralty and Maritime Law). Office of the Judge Advocate General, applicable 72 COLREGS requirements, [FR Doc. 03–30420 Filed 12–8–03; 8:45 am] Department of the Navy, 1322 Patterson to wit: the arc of visibility of the forward BILLING CODE 3810–FF–P Ave. SE., Suite 3000, Washington Navy masthead light is no longer obstructed, Yard, DC 20374–5066, Telephone as required by Rule 21(a). number: (202) 685–5040. Moreover, it has been determined, in DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: Pursuant accordance with 32 CFR parts 296 and to the authority granted in 33 U.S.C. 701, that publication of this amendment Department of the Navy 1605, the Department of the Navy for public comment prior to adoption is amends 32 CFR part 706. This impracticable, unnecessary, and 32 CFR Part 706 amendment provides notice that the contrary to public interest since it is based on technical findings that the Certifications and Exemptions Under Deputy Assistant Judge Advocate placement of lights on this vessel in a the International Regulations for General of the Navy (Admiralty and manner differently from that prescribed Preventing Collisions at Sea, 1972 Maritime Law), under authority delegated by the Secretary of the Navy, herein will adversely affect the vessel’s AGENCY: Department of the Navy, DOD. has certified that USS BENFOLD (DDG ability to perform its military functions. 65) is a vessel of the Navy which, due List of Subjects in 32 CFR Part 706 ACTION: Final rule. to its special construction and purpose, cannot fully comply with the following Marine safety, Navigation (water), and SUMMARY: The Department of the Navy specific provision of 72 COLREGS Vessels. is amending its certifications and without interfering with its special ■ Accordingly, 32 CFR part 706 is exemptions under the International function as a naval ship: Annex I amended as follows: Regulations for Preventing Collisions at paragraph 3(a) pertaining to the location Sea, 1972 (72 COLREGS), to reflect that of the forward masthead light in the PART 706—[AMENDED] the Deputy Assistant Judge Advocate forward quarter of the vessel, and the ■ 1. The authority citation for 32 CFR General of the Navy (Admiralty and horizontal distance between the forward part 706 continues to read as follows: Maritime Law) has determined that USS and after masthead lights. The Deputy BENFOLD (DDG 65) is a vessel of the Assistant Judge Advocate General of the Authority: 33 U.S.C. 1605. Navy which, due to its special Navy (Admiralty and Maritime Law) has § 706.2 [Amended] construction and purpose, cannot fully also certified that the lights involved are comply with certain provisions of the 72 located in closest possible compliance ■ 2. Table Four, Paragraph 16 of § 706.2 COLREGS without interfering with its with the applicable 72 COLREGS is amended by removing the entry for special function as a naval ship. The requirements. This amendment further USS BENFOLD. intended effect of this rule is to warn provides notice that the Deputy ■ 3. Table Five of § 706.2 is amended by mariners in waters where 72 COLREGS Assistant Judge Advocate General revising the following entry for USS apply. (Admiralty and Maritime Law), has BENFOLD: EFFECTIVE DATE: July 25, 2003. amended that certification to reflect that * * * * *

TABLE FIVE

Masthead lights Forward mast- After mast-head light less than 1 2 not over all other head light not in ⁄ Percentage hori- Vessel No. lights and obstruc- forward quarter of ship’s length aft of zontal separation tions. annex I, ship. annex I, sec. forward masthead attained sec. 2(f) 3(a) light. annex I, sec. 3(a)

******* USS BENFOLD ...... DDG 65 X X X 21.0

*******

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Dated: July 25, 2003. the 72 COLREGS without interfering applicable 72 COLREGS requirements, S.A. Kenney, with its special functions as a naval to wit: the forward and aft anchor lights Commander, JAGC, U.S. Navy, Deputy aircraft carrier. The intended effect of are now located on the centerline of the Assistant Judge Advocate General (Admiralty this rule is to warn mariners in waters ship, the required height above the hull, and Maritime Law). where 72 COLREGS apply. as required by Rules 21(e), 30(a)(i), and [FR Doc. 03–30421 Filed 12–8–03; 8:45 am] EFFECTIVE DATE: July 25, 2003. 30 (a)(ii). BILLING CODE 3810–FF–P FOR FURTHER INFORMATION CONTACT: Moreover, it has been determined, in Commander S. A. Kenney, JAGC, U.S. accordance with 32 CFR parts 296 and 701, that publication of this amendment DEPARTMENT OF DEFENSE Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), for public comment prior to adoption is Department of the Navy Department of the Navy, Office of the impracticable, unnecessary, and Judge Advocate General, 1322 Patterson contrary to public interest since it is 32 CFR Part 706 Avenue, Suite 3000, SE., Washington based on technical findings that the Navy Yard, DC 20374, Telephone placement of lights on this vessel in a Certifications and Exemptions Under number: (202) 685–5040. manner differently from that prescribed herein will adversely affect the vessel’s the International Regulations for SUPPLEMENTARY INFORMATION: Pursuant ability to perform its military functions. Preventing Collisions at Sea, 1972 to the authority granted in 33 U.S.C. AGENCY: Department of the Navy, DOD. 1605, the Department of the Navy List of Subjects in 32 CFR Part 706 amends 32 CFR part 706. The Secretary ACTION: Final rule. of the Navy previously certified that Marine safety, Navigation (Water), and Vessels. SUMMARY: The Department of the Navy USS THEODORE ROOSEVELT (CVN is amending its certifications and 71) is a vessel of the Navy which, due ■ Accordingly, 32 CFR part 706 is exemptions under the International to its special construction and purpose, amended as follows: Regulations for Preventing Collisions at cannot fully comply with 72 COLREGS. Sea, 1972 (72 COLREGS), to reflect that This amendment provides notice that PART 706—[Amended] the Deputy Assistant Judge Advocate the Deputy Assistant Judge Advocate ■ General (Admiralty and Maritime Law), General (Admiralty and Maritime Law), 1. The authority citation for part 706 acting pursuant to authority delegated under authority delegated by the continues to read: from the Secretary of the Navy: has Secretary of the Navy, has amended that Authority: 33 U.S.C. 1605. determined that USS THEODORE certification to reflect that certain § 706.2 [Amended] ROOSEVELT (CVN 71) is a vessel of the anchor lights on USS THEODORE Navy which, due to its special ROOSEVELT (CVN 71), previously ■ 2. Table Two of § 706.2 is amended by construction and purpose, cannot certified as not in compliance with 72 revising the entry for USS THEODORE comply fully with certain provisions of COLREGS, now comply with the ROOSEVELT (CVN 71): TABLE TWO

Side lights, Side lights, Masthead Forward an- AFT anchor Side lights, distance for- distance in- lights, dis- chor light, Forward an- light, distance AFT anchor distance ward of for- board of tance to stbd distance chor light, below flight light, number below flight ward mast- ship’s sides Vessel Hull No. of keel in me- below flight number of; dk in meters; of; Rule dk in meters; head light in in ters; Rule dk in meters; Rule 30(a)(i) Rule 21(e), 30(a)(ii) ¤ 2(g) Annex meters; meters; 21(a) ¤ 2(K), Annex Rule 30(a)(ii) I ¤ 3(b), Annex ¤ 3(b), Annex I I I

USS THEODORE ROO- CVN 71 30.0 ...... 0.51 ...... SEVELT.

Dated: July 25, 2003. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: S.A. Kenney, Commander Scott A Kenney, JAGC, U.S. CDR, JAGC, U.S. Navy, Deputy Assistant SUMMARY: The Department of the Navy Navy, Deputy Assistant Judge Advocate Judge Advocate General (Admiralty and is amending its certifications and General (Admiralty and Maritime Law), Maritime Law). exemptions under the International Office of the Judge Advocate General, [FR Doc. 03–30422 Filed 12–8–03; 8:45 am] Regulations for Preventing Collisions at Department of the Navy, 1322 Patterson BILLING CODE 3810–FF–P Sea, 1972 (72 COLREGS), to reflect that Ave. SE., Suite 3000, Washington Navy the Deputy Assistant Judge Advocate Yard, DC 20374–5066, Telephone General of the Navy (Admiralty and number: (202) 685–5040. DEPARTMENT OF DEFENSE Maritime Law) has determined that USS SUPPLEMENTARY INFORMATION: Pursuant CARNEY (DDG 64) is a vessel of the to the authority granted in 33 U.S.C. Department of the Navy Navy which, due to its special 1605, the Department of the Navy construction and purpose, cannot fully amends 32 CFR part 706. This 32 CFR Part 706 comply with certain provisions of the 72 amendment provides notice that the COLREGS without interfering with its Deputy Assistant Judge Advocate Certifications and Exemptions Under special function as a naval ship. The General of the Navy (Admiralty and the International Regulations for intended effect of this rule is to warn Maritime Law), under authority Preventing Collisions at Sea, 1972; mariners in waters where 72 COLREGS delegated by the Secretary of the Navy, Amendment apply. has certified that USS CARNEY (DDG AGENCY: Department of the Navy, DOD. EFFECTIVE DATE: September 17, 2003. 64) is a vessel of the Navy which, due

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to its special construction and purpose, with the applicable 72 COLREGS ■ Accordingly, 32 CFR part 706 is cannot fully comply with the following requirements. amended as follows: specific provisions of 72 COLREGS Moreover, it has been determined, in without interfering with its special accordance with 32 CFR parts 296 and PART 706—[AMENDED] function as a naval ship: Annex I, 701, that publication of this amendment ■ 1. The authority citation for 32 CFR section 3(a) pertaining to the location of for public comment prior to adoption is part 706 continues to read: the forward masthead light in the impracticable, unnecessary, and forward quarter of the vessel, and the contrary to public interest since it is Authority: 33 U.S.C. 1605. based on technical findings that the horizontal distance between the forward placement of lights on this vessel in a ■ and after masthead lights; and, Annex I, 2. Table Five of § 706.2 is amended by manner differently from that prescribed section 2(f)(ii) pertaining to vertical revising the following entry for USS herein will adversely affect the vessel’s CARNEY: placement of task lights. The Deputy ability to perform its military functions. Assistant Judge Advocate General of the § 706.2 Certifications of the Secretary of Navy (Admiralty and Maritime Law) has List of Subjects in 32 CFR Part 706 the Navy under Executive Order 11964 and also certified that the lights involved are Marine Safety, Navigation (Water), 33 U.S.C. 1605. located in closest possible compliance and Vessels. * * * * *

TABLE FIVE

Masthead lights After masthead Forward masthead light less than 1⁄2 not over all other ship’s length aft of Percentage hori- Vessel No. lights and obstruc- light not in forward zontal separation quarter of ship. forward masthead attained tions. annex I, annex I, sec. 3(a) light. annex I, sec. sec. 2(f) 3(a)

USS CARNEY ...... DDG 64 ...... X X X 14.0

Dated: September 17, 2003. were received; therefore, the rule is Public Law 96–511, ‘‘Paperwork Scott A. Kenney, being adopted as published. Reduction Act’’ (44 U.S.C. Chapter 35) Commander, JAGC, U.S. Navy, Deputy It has been determined that Privacy Assistant Judge Advocate General (Admiralty Executive Order 12866, ‘‘Regulatory Planning and Review’’ Act rules for the Department of Defense and Maritime Law). impose no information requirements [FR Doc. 03–30423 Filed 12–8–03; 8:45 am] It has been determined that Privacy beyond the Department of Defense and BILLING CODE 3810–FF–P Act rules for the Department of Defense that the information collected within are not significant rules. The rules do the Department of Defense is necessary and consistent with 5 U.S.C. 552a, DEPARTMENT OF DEFENSE not (1) Have an annual effect on the economy of $100 million or more or known as the Privacy Act of 1974. Department of the Air Force adversely affect in a material way the Section 202, Public Law 104–4, economy; a sector of the economy; ‘‘Unfunded Mandates Reform Act’’ productivity; competition; jobs; the 32 CFR Part 806b It has been determined that the environment; public health or safety; or Privacy Act rulemaking for the [Air Force Instruction 37–132] State, local, or tribal governments or Department of Defense does not involve communities; (2) Create a serious a Federal mandate that may result in the Privacy Act; Implementation inconsistency or otherwise interfere expenditure by State, local and tribal with an action taken or planned by AGENCY: Department of the Air Force, governments, in the aggregate, or by the DoD. another Agency; (3) Materially alter the private sector, of $100 million or more budgetary impact of entitlements, and that such rulemaking will not ACTION: Final rule. grants, user fees, or loan programs, or significantly or uniquely affect small SUMMARY: The Department of the Air the rights and obligations of recipients governments. thereof; or (4) Raise novel legal or policy Force is revising an existing exemption Executive Order 13132, ‘‘Federalism’’ rule for the Privacy Act system of issues arising out of legal mandates, the records notice F031 AF SP A, entitled President’s priorities, or the principles It has been determined that the Correction and Rehabilitation Records. set forth in this Executive order. Privacy Act rules for the Department of The amendments consist of changing Defense do not have federalism Public Law 96–354, ‘‘Regulatory the system identifier to F031 AF SF A, implications. The rules do not have Flexibility Act’’ (5 U.S.C. Chapter 6) and revising the reasons for exempting substantial direct effects on the States, on the relationship between the from disclosure certain subsections of It has been determined that Privacy the Privacy Act of 1974. National Government and the States, or Act rules for the Department of Defense on the distribution of power and EFFECTIVE DATE: October 30, 2003. do not have significant economic impact responsibilities among the various FOR FURTHER INFORMATION CONTACT: Mrs. on a substantial number of small entities levels of government. Anne Rollins at (703) 601–4043 or DSN because they are concerned only with 329–4043. the administration of Privacy Act List of Subjects in 32 CFR Part 806b SUPPLEMENTARY INFORMATION: The systems of records within the Privacy. proposed rule was published on August Department of Defense. ■ Accordingly, 32 CFR part 806b is 29, 2003, at 68 FR 51959. No comments revised to read as follows:

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PART 806b—AIR FORCE PRIVACY untimely information may acquire new ACTION: Temporary rule; request for ACT PROGRAM significance as further investigation brings comments. new details to light and the accuracy of such ■ 1. The authority citation for 32 CFR information can only be determined in a SUMMARY: The Coast Guard is part 806b continues to read as follows: court of law. The restrictions of subsection establishing a temporary regulated (e)(5) would restrict the ability of trained Authority: Pub. L. 93–579, 88 Stat. 1896 (5 navigation area on the waters of San investigators and intelligence analysts to Carlos Bay, Florida. The regulated U.S.C. 552a). exercise their judgment reporting on ■ 2. Paragraph (a)(5) of Appendix C to investigations and impede the development navigation area is needed to minimize part 806b is revised to read as follows: of intelligence necessary for effective law the risk of potential bridge allisions by enforcement. vessels utilizing the main channel under Appendix C to Part 806b—General and (H) From subsection (e)(8) because the span ‘‘A’’ (bascule portion) of the Specific Exemptions individual notice requirements of subsection Sanibel Island Causeway Bridge and * * * * * (e)(8) could present a serious impediment to enhance the safety of vessels transiting (a) General exemptions. * * * law enforcement as this could interfere with the area and vehicles crossing over the (5) System identifier and name: F031 AF the ability to issue search authorizations and bridge. This temporary rule covers the could reveal investigative techniques and SF A, Correction and entire effective period from November Rehabilitation Records. procedures. (I) From subsection (f) because this system 29, 2003 to November 28, 2004, but the (i) Exemption: (A) Parts of this system may Coast Guard may change this rule based be exempt pursuant to 5 U.S.C. 552a(j)(2) if of records has been exempted from the access the information is compiled and maintained provisions of subsection (d). on comments received. by a component of the agency, which (J) From subsection (g) because this system DATES: This rule is effective from 12:01 performs as its principle function any of records compiled for law enforcement a.m. on November 29, 2003 until 11:59 activity pertaining to the enforcement of purposes and has been exempted from the access provisions of subsections (d) and (f). p.m. on November 28, 2004. Comments criminal laws. must be received by January 29, 2004. (B) Portions of this system of records may (K) Consistent with the legislative purpose be exempt pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act of 1974, the Department ADDRESSES: You may mail comments from the following subsections of 5 U.S.C. of the Air Force will grant access to and related material to Commander (m), 552a(c)(3), (c)(4), (d), (e)(3), (e)(4)(G), (H) and nonexempt material in the records being Seventh Coast Guard District, 8th Floor, (I), (e)(5), (e)(8), (f), and (g). maintained. Disclosure will be governed by 909 SE 1st Ave., Miami, FL 33131–3050. (ii) Authority: 5 U.S.C. 552a(j)(2). the Department of the Air Force’s Privacy Comments and material received from Instruction, but will be limited to the extent (iii) Reasons: (A) From subsection (c)(3) the public as well as documents because the release of the disclosure that the identity of confidential sources will not be compromised; subjects of an indicated in this preamble as being accounting, for disclosures pursuant to the available in the docket are part of docket routine uses published for this system, would investigation of an actual or potential permit the subject of a criminal investigation criminal violation will not be alerted to the [CGD07–03–200] and are available for or matter under investigation to obtain investigation; the physical safety of inspection or copying at the Seventh valuable information concerning the nature witnesses, informants and law enforcement Coast Guard District Marine Safety of that investigation which will present a personnel will not be endangered, the Division, located at the above address, serious impediment to law enforcement. privacy of third parties will not be violated; between 7:30 a.m. and 4 p.m., Monday and that the disclosure would not otherwise (B) From subsection (c)(4) because an through Friday, except Federal holidays. exemption is being claimed for subsection impede effective law enforcement. Whenever FOR FURTHER INFORMATION CONTACT: (d), this subsection will not be applicable. possible, information of the above nature will (C) From subsection (d) because access to be deleted from the requested documents and Lieutenant Commander Brian Gove, the records contained in this system would the balance made available. The controlling Project Officer, Seventh Coast Guard inform the subject of a criminal investigation principle behind this limited access is to District, Marine Safety Branch, of the existence of that investigation, provide allow disclosures except those indicated telephone 305–415–6743. above. The decisions to release information the subject of the investigation with SUPPLEMENTARY INFORMATION: information that might enable him to avoid from these systems will be made on a case- detection or apprehension, and would by-case basis necessary for effective law Request for Comments present a serious impediment to law enforcement. enforcement. * * * * * We encourage you to participate in this rulemaking by submitting (D) From subsection (e)(3) would constitute November 20, 2003. a serious impediment to law enforcement in comments and related material. If you that it could compromise the existence of a Patricia L. Toppings, do so, please include your name and confidential investigation, reveal the identity Alternate OSD Federal Register Liaison address, identify the docket number for of confidential sources of information and Officer, Department of Defense. this rulemaking [CGD07–03–200], endanger the life and physical safety of [FR Doc. 03–30400 Filed 12–8–03; 8:45 am] indicate the specific section of this confidential informants. BILLING CODE 5000–06–P document to which each comment (E) From subsections (e)(4)(G) and (H) applies, and give the reason for each because this system of records is exempt from individual access pursuant to comment. The Coast Guard is interested subsections (j)(2) of the Privacy Act of 1974. DEPARTMENT OF HOMELAND in comments that, among other issues, (F) From subsection (e)(4)(I) because the SECURITY detail specific economic impact to identity of specific sources must be withheld stakeholders on the waterway. Please in order to protect the confidentiality of the Coast Guard submit all comments and related sources of criminal and other law material in an unbound format, no enforcement information. This exemption is 33 CFR Part 165 larger than 81⁄2 by 11 inches, suitable for further necessary to protect the privacy and [CGD07–03–200] copying. If you would like to know that physical safety of witnesses and informants. they reached us, please enclose a (G) From subsection (e)(5) because in the RIN 1625–AA11 collection of information for law enforcement stamped, self-addressed postcard or purposes it is impossible to determine in Regulated Navigation Area; San Carlos envelope. We will consider all advance what information is accurate, Bay, FL comments and material received during relevant, timely, and complete. With the the comment period. We may change passage of time, seemingly irrelevant or AGENCY: Coast Guard, DHS. this rule in view of them.

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Regulatory Information the area and vehicles crossing over the whether this rule would have a We did not publish a notice of bridge. significant economic impact on a substantial number of small entities. proposed rulemaking (NPRM) for this Discussion of Rule The term ‘‘small entities’’ comprises regulation. Under 5 U.S.C. 553(b)(B), the The regulated navigation area will Coast Guard finds that good cause exists small businesses, not-for-profit encompass the main channel under the organizations that are independently for not publishing a NPRM. The ‘‘A’’ span (bascule portion) of the owned and operated and are not updated information concerning the Sanibel Island Causeway Bridge out to dominant in their fields, and state of disrepair of the Sanibel Island 100 feet on either side of the bridge governmental jurisdictions with Causeway Bridge was brought to the encompassing the main shipping populations of less than 50,000. attention of the Coast Guard on channel. All vessels are required to The Coast Guard certifies under 5 November 25, 2003. Publishing a NPRM transit the area at no wake speed. U.S.C. 605(b) that this rule would not and delaying its effective date would be However, nothing in this rule negates have a significant economic impact on contrary to the public interest because the requirement to operate at a safe a substantial number of small entities. immediate initial action is needed to speed as provided in the Navigation This rule would affect the following maximize the risk of potential bridge Rules and Regulations. A one-way entities, some of which might be small allusions by vessels utilizing the main traffic scheme is imposed within the entities: the owners or operators of channel under span ‘‘A’’ (bascule regulated navigation area. Overtaking is vessels intending to transit a portion of portion) of the bridge and enhance the prohibited. Stern towing is prohibited. San Carlos Bay. The Coast Guard safety of vessels transiting the area and Side towing is permitted. However, tugs certifies that this rule would not have a vehicles crossing over the bridge. The with barges must be arranged in a push- significant economic impact on a Coast Guard will issue a broadcast ahead configuration with barges made substantial number of small entities for notice to mariners to advise mariners of up in tandem. Tugs must be of adequate the following reasons: vessels may still the restrictions. Additionally, the Coast horsepower to fully maneuver the transit the area; the waterway is not a Guard is soliciting comments on this barges. Tug and barge traffic may transit major commercial route, and the Coast rule and may make changes in light of the regulated navigation area at slack Guard expects only modest delays due them. water only. These regulations are going to the nature of marine traffic that For the same reasons, under 5 U.S.C. into effect to minimize the risk of traditionally uses the waterway. 553(d)(3), the Coast Guard finds that potential bridge allisions by vessels If you think that your business, good cause exists for making this rule utilizing the main channel under span organization, or governmental effective less than 30 days after ‘‘A’’ (bascule portion) of the Sanibel jurisdiction qualifies as a small entity publication in the Federal Register. The Island Causeway Bridge and enhance and that this rule has a significant Coast Guard is making this rule effective the safety of vessels transiting the area economic impact on it, please submit a on November 29, 2003 because and vehicles crossing over the bridge. comment (see ADDRESSES) explaining immediate initial action is needed to why you think it qualifies and how and minimize the risk of potential bridge Regulatory Evaluation to what degree this rule would allisions by vessels utilizing the main This rule is not a ‘‘significant economically affect it. channel under span ‘‘A’’ (bascule regulatory action’’ under section 3(f) of Assistance for Small Entities portion) of the Sanibel Island Causeway Executive Order 12866, Regulatory Bridge and enhance the safety of vessels Planning and Review, and does not Under section 213(a) of the Small transiting the area and vehicles crossing require an assessment of potential costs Business Regulatory Enforcement over the bridge. and benefits under section 6(a)(3) of that Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in Public Meeting Order. The Office of Management and Budget has not reviewed it under that understanding this rule so that they can We do not now plan to hold a public Order. It is not ‘‘significant’’ under the better evaluate its effects on them and meeting. However, you may submit a regulatory policies and procedures of participate in the rulemaking. If the request for a meeting by writing to the Department of Homeland Security temporary rule would affect your small Marine Safety Division, Seventh Coast (DHS). business, organization, or governmental Guard District, 909 SE 1st Ave, 8th We expect the economic impact of jurisdiction and you have questions Floor, Miami, FL 33131, explaining why this rule to be so minimal that a full concerning its provisions or options for one would be beneficial. If we Regulatory Evaluation under the compliance, please contact the person determine that one would aid this regulatory policies and procedures of listed under FOR FURTHER INFORMATION rulemaking, we will hold one at a time DHS is unnecessary. The Coast Guard CONTACT. The Coast Guard has created a and place announced by a later notice bases this finding on the following: comment period for this temporary rule, in the Federal Register. vessels may still transit the area; the and is particularly interested in comments describing specific economic Background and Purpose waterway is not a major commercial route, and the Coast Guard expects only impacts to small entities. This will On November 18, 2003, the Lee modest delays due to the nature of allow the Coast Guard to better evaluate County Board of Commissioners issued marine traffic that traditionally uses the impacts to small entities. We also have an emergency declaration that present waterway. a point of contact for commenting on conditions of the Sanibel Island Additionally, the Coast Guard is actions by employees of the Coast Causeway Bridge pose an immediate soliciting comments to determine the Guard. Small business may send threat to the safety of the traveling impact on the boating public, and may comments on the actions of Federal public. Immediate initial action is thus make adjustments based on comments employees who enforce, or otherwise required to minimize the risk of we receive. determine compliance with Federal potential bridge allisions by vessels regulations, to the Small Business and utilizing the main channel under span Small Entities Agriculture Regulatory Enforcement ‘‘A’’ (bascule portion) of the bridge and Under the Regulatory Flexibility Act Ombudsman and the Regional Small enhance the safety of vessels transiting (5 U.S.C. 601–612), we have considered Business Regulatory Fairness Boards.

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The Ombudsman evaluates these with Indian Tribal Governments, Department of Homeland Security Delegation actions annually and rates each agency’s because it would not have a substantial No. 0170.1. responsiveness to small businesses. If direct effect on one or more Indian ■ 2. Add § 165.T07–200 to read as you wish to comment on actions by tribes, on the relationship between the follows: employees of the Coast Guard, call 1– Federal Government and Indian tribes, 888–REG–FAIR (1–888–734–3247). or on the distribution of power and § 165.T07–200 San Carlos Bay, Florida— responsibilities between the Federal Regulated Navigation Area Collection of Information Government and Indian tribes. We (a) Location. The following area is a This rule calls for no new collection invite your comments on how this rule regulated navigation area (RNA): the of information under the Paperwork might impact tribal governments, even if waters bounded by the following points: Reduction Act of 1995 (44 U.S.C. 3501– that impact may not constitute a ‘‘tribal NW Corner: 26° 28.992N, 082° 00.895 3520). implication’’ under the Order. W; NE Corner: 26° 28.998N, 082° 00.874 W; Federalism Energy Effects SW Corner: 26° 28.942N, 082° 00.875 W; A rule has implications for federalism We have analyzed this rule under SE Corner: 26° 28.948N, 082° 00.854 W. under Executive Order 13132, Executive Order 13211, Actions (b) Regulations. (1) A vessel in the Federalism, if it has a substantial direct Concerning Regulations That RNA established under paragraph (a) of effect on State or local governments and Significantly Affect Energy Supply, this section will operate at no wake would either preempt State law or Distribution, or Use. We have speed. Nothing in this rule is to be impose a substantial direct cost of determined that it is not a ‘‘significant construed as to negate the requirement compliance on them. We have analyzed energy action’’ under that order because to at all times operate at a safe speed as this rule under that Order and have it is not a ‘‘significant regulatory action’’ provided in the Navigation Rules and determined that it does not have under Executive Order 12866 and is not Regulations. implications for federalism. likely to have a significant adverse effect (2) A one-way traffic scheme is on the supply, distribution, or use of established. Vessel traffic may proceed Unfunded Mandates Reform Act energy. The Administrator of the Office in one direction at a time through the The Unfunded Mandates Reform Act of Information and Regulatory Affairs RNA. Overtaking is prohibited. of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant (3) Stern tows are not authorized. Side Federal agencies to assess the effects of energy action. Therefore, it does not tows may be used. However, tugs with their discretionary regulatory actions. In require a Statement of Energy Effects barges must be arranged in a push-ahead particular, the Act addresses actions under Executive Order 13211. configuration with the barges made up that may result in the expenditure by a in tandem. Tugs must be of adequate State, local, or tribal government, in the Environment horsepower to maneuver the barges. Tug aggregate, or by the private sector of We have analyzed this rule under and barge traffic may transit the RNA at $100,000,000 or more in any one year. Commandant Instruction M16475.lD, slack water only. Though this rule would not result in which guides the Coast Guard in (c) Definition. The following such an expenditure, we do discuss the complying with the National definitions apply to this section: effects of this rule elsewhere in this Environmental Policy Act of 1969 Vessel. Every description of preamble. (NEPA) (42 U.S.C. 4321–4370f), and watercraft, including non-displacement have concluded that there are no factors craft and seaplanes, used or capable of Taking of Private Property in this case that would limit the use of being used as a means of transportation This rule does not effect a taking of a categorical exclusion under section on the water. private property or otherwise have 2.B.2 of the Instruction. Therefore, this Overtaking. A vessel shall be deemed taking implications under Executive rule is categorically excluded, under to be overtaking when coming up with Order 12630, Governmental Actions and figure 2–1, paragraph (34)(g), of the another vessel from a direction more Interference with Constitutionally Instruction, from further environmental than 22.5 degrees abaft her beam, that is, Protected Property Rights. documentation. in such a position with reference to the An ‘‘Environmental Analysis Check vessel she is overtaking, that at night Civil Justice Reform List’’ and a ‘‘Categorical Exclusion she would be able to see only the stern This rule meets applicable standards Determination’’ (CED) has been placed light of the vessel but neither of her in sections 3(a) and 3(b)(2) of Executive in the docket where indicated under sidelights. Order 12988, Civil Justice Reform, to ADDRESSES. Slack water. The state of a tidal minimize litigation, eliminate current when its speed is near zero, ambiguity, and reduce burden. List of Subjects in 33 CFR Part 165 especially the moment when a reversing Harbors, Marine safety, Navigation current changes direction and its speed Protection of Children (water), Reporting and recordkeeping is zero. The term also is applied to the We have analyzed this rule under requirements, Security measures, entire period of low speed near the time Executive Order 13045, Protection of Waterways. of turning of the current when it is too Children from Environmental Health ■ For the reasons discussed in the weak to be of any practical importance Risks and Safety Risks. This rule is not preamble, the Coast Guard is amending in navigation. an economically significant rule and 33 CFR part 165 as follows: (d) Enforcement. Persons in violation would not create an environmental risk of these regulations will be subject to to health or risk to safety that might PART 165—REGULATED NAVIGATION civil penalty under 33 U.S.C. 1232 of disproportionately affect children. AREAS AND LIMITED ACCESS AREAS this part, to include a maximum civil penalty of $27,500 per violation. Indian Tribal Governments ■ 1. The authority citation for part 165 (e) Effective period. This section is This rule does not have tribal continues to read as follows: effective from 12:01 a.m. on November implications under Executive Order Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 29, 2003, until 11:59 p.m. on November 13175, Consultation and Coordination 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 28, 2004.

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Dated: November 29, 2003. FOR FURTHER INFORMATION CONTACT: All State regulations and supporting Harvey E. Johnson, Jr., Wayne Kaiser at (913) 551–7603, or by information approved by EPA under Rear Admiral, U.S. Coast Guard, Commander, e-mail at [email protected]. section 110 of the CAA are incorporated Seventh Coast Guard District. SUPPLEMENTARY INFORMATION: into the federally-approved SIP. Records [FR Doc. 03–30446 Filed 12–8–03; 8:45 am] Throughout this document whenever of such SIP actions are maintained in BILLING CODE 4910–15–P ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the Code of Federal Regulations (CFR) at EPA. This section provides additional title 40, part 52, entitled ‘‘Approval and information by addressing the following Promulgation of Implementation Plans.’’ questions: The actual State regulations which are ENVIRONMENTAL PROTECTION approved are not reproduced in their AGENCY What Is a SIP? entirety in the CFR outright but are What Is the Federal Approval Process for a ‘‘incorporated by reference,’’ which 40 CFR Part 52 SIP? What Does Federal Approval of a State means that we have approved a given Regulation Mean to Me? State regulation with a specific effective [MO 199–1199a; FRL–7592–5] What Is being addressed in this document? date. Have the Requirements for Approval of a SIP What Does Federal Approval of a State Approval and Promulgation of Revision Been Met? Regulation Mean to Me? Implementation Plans; State of What Action Is EPA Taking? Missouri Enforcement of the State regulation What Is a SIP? before and after it is incorporated into AGENCY: Environmental Protection Section 110 of the Clean Air Act the federally-approved SIP is primarily Agency (EPA). (CAA) requires States to develop air a State responsibility. However, after the ACTION: Direct final rule. pollution regulations and control regulation is federally approved, we are strategies to ensure that State air quality authorized to take enforcement action SUMMARY: EPA is approving an meets the national ambient air quality against violators. Citizens are also amendment to the Missouri State standards established by EPA. These offered legal recourse to address Implementation Plan (SIP) pertaining to ambient standards are established under violations as described in section 304 of an update to a St. Louis city SIP- section 109 of the CAA, and they the CAA. approved Ordinance and incinerator currently address six criteria pollutants. permit. The effect of this action is to What Is Being Addressed in This These pollutants are: carbon monoxide, Document? ensure Federal enforceability of the nitrogen dioxide, ozone, lead, local agency’s air program rules and to particulate matter, and sulfur dioxide. In August 2003, the St. Louis city maintain consistency between the local Each State must submit these Board of Aldermen updated the current agency adopted rules and the approved regulations and control strategies to EPA SIP-approved Ordinance No. 64749 by SIP. for approval and incorporation into the rescinding it and adopting replacement DATES: This direct final rule will be federally-enforceable SIP. Ordinance No. 65645. The only changes in the SIP-approved portion of the new effective February 9, 2004, without Each federally-approved SIP protects Ordinance is the renumbering of Section further notice, unless EPA receives air quality primarily by addressing air 7—Definitions, to Section 6, and Section adverse comment by January 8, 2004. If pollution at its point of origin. These 17—Open Burning Restrictions, to adverse comment is received, EPA will SIPs can be extensive, containing State Section 15. publish a timely withdrawal of the regulations or other enforceable direct final rule in the Federal Register Approving the new Ordinance documents and supporting information subsequently necessitated that a informing the public that the rule will such as emission inventories, not take effect. reference to it in a SIP-approved St. monitoring networks, and modeling Louis University Hospital incinerator ADDRESSES: Comments may be demonstrations. permit, No. 00–01–004, be revised. submitted either by mail or Consequently, we are also approving a electronically. Written comments What Is the Federal Approval Process letter from the City of St. Louis should be submitted to Wayne Kaiser, for a SIP? Department of Health to St. Louis Environmental Protection Agency, Air In order for State regulations to be University Hospital, dated April 25, Planning and Development Branch, 901 incorporated into the federally- 2003, which revises Section II, B of North 5th Street, Kansas City, Kansas enforceable SIP, States must formally incinerator permit No. 00–01–004, by 66101. Electronic comments should be adopt the regulations and control updating the referenced Ordinance sent either to [email protected] or strategies consistent with State and number to No. 65645. to http://www.regulations.gov, which is Federal requirements. This process A technical support document (TSD) an alternative method for submitting generally includes a public notice, containing additional information and electronic comments to EPA. To submit public hearing, public comment period, background material for this action has comments, please follow the detailed and a formal adoption by a State- been prepared and is available from the instructions described in ‘‘What action authorized rulemaking body. EPA contact listed above. is EPA taking’’ in the SUPPLEMENTARY Once a State rule, regulation, or INFORMATION section. control strategy is adopted, the State Have the Requirements for Approval of Copies of documents relative to this submits it to us for inclusion into the a SIP Revision Been Met? action are available for public SIP. We must provide public notice and The State submittal has met the inspection during normal business seek additional public comment public notice requirements for SIP hours at the above-listed Region 7 regarding the proposed Federal action submissions in accordance with 40 CFR location. The interested persons on the State submission. If adverse 51.102. The submittal also satisfied the wanting to examine these documents comments are received, they must be completeness criteria of 40 CFR part 51, should make an appointment with the addressed prior to any final Federal appendix V. In addition, as explained office at least 24 hours in advance. action by us. above and in more detail in the TSD

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which is part of this document, the without going through Regulations.gov, implications because it does not have revision meets the substantive SIP EPA’s e-mail system automatically substantial direct effects on the States, requirements of the CAA, including captures your e-mail address. E-mail on the relationship between the section 110 and implementing addresses that are automatically National Government and the States, or regulations. captured by EPA’s e-mail system are on the distribution of power and included as part of the comment that is responsibilities among the various What Action Is EPA Taking? placed in the official public docket. levels of Government, as specified in We are approving the State’s request b. Regulations.gov. Your use of Executive Order 13132 (64 FR 43255, to amend the SIP by rescinding the SIP- Regulations.gov is an alternative method August 10, 1999). This action merely approved provisions of St. Louis city of submitting electronic comments to approves a State rule implementing a Ordinance No. 64794 and concurrently EPA. Go directly to http:// Federal standard, and does not alter the approving the same, but renumbered www.regulations.gov, click on ‘‘To relationship or the distribution of power provisions, in Ordinance No. 65645. We Search for Regulations,’’ then select and responsibilities established in the are also approving an administrative Environmental Protection Agency and CAA. This rule also is not subject to revision to the incinerator permit for St. use the ‘‘go’’ button. The list of current Executive Order 13045, ‘‘Protection of Louis University Hospital. EPA actions available for comment will Children from Environmental Health We are processing this action as a be listed. Please follow the online Risks and Safety Risks’’ (62 FR 19885, direct final action because the revisions instructions for submitting comments. April 23, 1997), because it is not make routine changes to the existing The system is an ‘‘anonymous access’’ economically significant. rules which are noncontroversial. system, which means EPA will not In reviewing SIP submissions, EPA’s Therefore, we do not anticipate any know your identity, e-mail address, or role is to approve State choices, adverse comments. Please note that if other contact information unless you provided that they meet the criteria of EPA receives relevant adverse comment provide it in the body of your comment. the CAA. In this context, in the absence on part of this rule and if that part can 2. By Mail. Written comments should of a prior existing requirement for the be severed from the remainder of the be sent to the name and address listed State to use voluntary consensus rule, EPA may adopt as final those parts in the ADDRESSES section of this standards (VCS), EPA has no authority of the rule that are not the subject of an document. to disapprove a SIP submission for adverse comment. Statutory and Executive Order Reviews failure to use VCS. It would thus be You may submit comments either inconsistent with applicable law for electronically or by mail. To ensure Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission, proper receipt by EPA, identify the 51735, October 4, 1993), this action is to use VCS in place of a SIP submission appropriate rulemaking identification not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of number, MO 199–1199a, in the subject therefore is not subject to review by the the CAA. Thus, the requirements of line on the first page of your comment. Office of Management and Budget. For section 12(d) of the National Please ensure that your comments are this reason, this action is also not Technology Transfer and Advancement submitted within the specified comment subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not period. Comments received after the ‘‘Actions Concerning Regulations That apply. This rule does not impose an close of the comment period will be Significantly Affect Energy Supply, information collection burden under the marked ‘‘late.’’ EPA is not required to Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction consider these late comments. 22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). 1. Electronically. If you submit an State law as meeting Federal The Congressional Review Act, 5 electronic comment as prescribed requirements and imposes no additional U.S.C. 801 et seq., as added by the Small below, EPA recommends that you requirements beyond those imposed by Business Regulatory Enforcement include your name, mailing address, State law. Accordingly, the Fairness Act of 1996, generally provides and an e-mail address or other contact Administrator certifies that this rule that before a rule may take effect, the information in the body of your will not have a significant economic agency promulgating the rule must comment. This ensures that you can be impact on a substantial number of small submit a rule report, which includes a identified as the submitter of the entities under the Regulatory Flexibility copy of the rule, to each House of the comment and allows EPA to contact you Act (5 U.S.C. 601 et seq.). Because this Congress and to the Comptroller General in case EPA cannot read your comment rule approves pre-existing requirements of the United States. EPA will submit a due to technical difficulties or needs under State law and does not impose report containing this rule and other further information on the substance of any additional enforceable duty beyond required information to the U.S. Senate, your comment. EPA’s policy is that EPA that required by State law, it does not the U.S. House of Representatives, and will not edit your comment, and any contain any unfunded mandate or the Comptroller General of the United identifying or contact information significantly or uniquely affect small States prior to publication of the rule in provided in the body of a comment will governments, as described in the the Federal Register. A major rule be included as part of the comment that Unfunded Mandates Reform Act of 1995 cannot take effect until 60 days after it is placed in the official public docket. (Pub. L. 104–4). is published in the Federal Register. If EPA cannot read your comment due This rule also does not have tribal This action is not a ‘‘major rule’’ as to technical difficulties and cannot implications because it will not have a defined by 5 U.S.C. 804(2). contact you for clarification, EPA may substantial direct effect on one or more Under section 307(b)(1) of the CAA, not be able to consider your comment. Indian tribes, on the relationship petitions for judicial review of this a. Electronic mail. Comments may be between the Federal Government and action must be filed in the United States sent by e-mail to [email protected]. Indian tribes, or on the distribution of Court of Appeals for the appropriate Please include identification number, power and responsibilities between the circuit by February 9, 2004. Filing a MO 199–1199a, in the subject line. Federal Government and Indian tribes, petition for reconsideration by the EPA’s e-mail system is not an as specified by Executive Order 13175 Administrator of this final rule does not ‘‘anonymous access’’ system. If you (65 FR 67249, November 9, 2000). This affect the finality of this rule for the send an e-mail comment directly action also does not have Federalism purposes of judicial review nor does it

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extend the time within which a petition requirements, Sulfur oxides, Volatile Subpart AA—Missouri for judicial review may be filed, and organic compounds. ■ shall not postpone the effectiveness of 2. Section 52.1320 is amended by: Dated: November 18, 2003. ■ such rule or action. This action may not a. In paragraph (c) removing the William W. Rice, heading and entries for St. Louis City be challenged later in proceedings to Ordinance 64749 and adding a heading enforce its requirements. (See section Acting Regional Administrator, Region 7. and entries for St. Louis City Ordinance 307(b)(2).) ■ Chapter I, title 40 of the Code of 65645. List of Subjects in 40 CFR Part 52 Federal Regulations is amended as ■ b. In paragraph (d) adding an entry to follows: the end of the table for St. Louis Environmental protection, Air University. pollution control, Carbon monoxide, PART 52—[AMENDED] ■ The revisions and addition read as Incorporation by reference, follows: ■ Intergovernmental relations, Lead, 1. The authority citation for part 52 Nitrogen dioxide, Ozone, Particulate continues to read as follows: § 52.1320 Identification of plan. matter, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq. * * * * * (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State Missouri citation Title effective EPA approval date Explanation date

******* St. Louis City Ordinance 65645 Section 6 ...... Definitions ...... 8/28/03 12/9/03 [insert FR The phrase ‘‘other than liquids page citation]. or gases’’ in the Refuse defini- tion has not been approved. Section 15 ...... Open Burning Restrictions ...... 8/28/03 12/9/03 [insert FR page citation].

(d) * * *

EPA-APPROVED STATE SOURCE-SPECIFIC PERMITS AND ORDERS

State Name of source Order/permit number effective EPA approval date Explanation date

******* St. Louis University ...... Permit Matter No. 00Ð01Ð004 .... 8/28/03 12/9/03 [insert FR Updates a reference in section page citation]. II.B. to Ordinance No. 65645.

* * * * * Maryland State Implementation Plan Agency, Region III, 1650 Arch Street, [FR Doc. 03–30039 Filed 12–8–03; 8:45 am] (SIP). The revisions pertain to the Philadelphia, Pennsylvania 19103. BILLING CODE 6560–50–P control of volatile organic compound Electronic comments should be sent (VOC) emissions from consumer either to [email protected] or to products. EPA is approving these http://www.regulations.gov, which is an ENVIRONMENTAL PROTECTION revisions to the Maryland SIP in alternative method for submitting AGENCY accordance with the requirements of the electronic comments to EPA. To submit Clean Air Act. comments, please follow the detailed 40 CFR Part 52 DATES: This rule is effective on January instructions described in Part III of the [MD152–3105a; FRL–7596–4] 23, 2004 without further notice, unless Supplementary Information section. EPA receives adverse written comment Copies of the documents relevant to this Approval and Promulgation of Air by January 8, 2004. If EPA receives such action are available for public Quality Implementation Plans; comments, it will publish a timely inspection during normal business Maryland; Control of Emissions of withdrawal of the direct final rule in the hours at the Air Protection Division, Volatile Organic Compounds From Federal Register and inform the public U.S. Environmental Protection Agency, Consumer Products that the rule will not take effect. Region III, 1650 Arch Street, AGENCY: Environmental Protection ADDRESSES: Comments may be Philadelphia, Pennsylvania 19103; the Agency (EPA). submitted either by mail or Air and Radiation Docket and ACTION: Direct final rule. electronically. Written comments Information Center, U.S. Environmental should be mailed to Makeba Morris, Protection Agency, 1301 Constitution SUMMARY: EPA is taking direct final Chief, Air Quality Planning, Mailcode Avenue, NW., Room B108, Washington, action to approve revisions to the 3AP21, U.S. Environmental Protection DC 20460; and Maryland Department of

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the Environment, 1800 Washington requirements, variances, test methods, 1. Electronically. If you submit an Boulevard, Suite 705, Baltimore, and an alternative control plan. electronic comment as prescribed Maryland 21230. On October 21, 2003, the Secretary of below, EPA recommends that you FOR FURTHER INFORMATION CONTACT: Rose the Environment adopted an include your name, mailing address, Quinto, (215) 814–2182, or by e-mail at amendment to COMAR 26.11.32.01 by and an e-mail address or other contact [email protected]. the addition of COMAR 26.11.32.01F, information in the body of your which clarifies the enforcement policy SUPPLEMENTARY INFORMATION: On comment. Also include this contact relative to the sale of a non-complying information on the outside of any disk November 19, 2003, the Maryland consumer product by a retailer. The Department of the Environment (MDE) or CD ROM you submit, and in any amendment includes good faith efforts cover letter accompanying the disk or submitted a formal revision to its State to be used by a retailer in safeguarding Implementation Plan (SIP). The SIP CD ROM. This ensures that you can be against the sale of a non-compliant identified as the submitter of the revision (Maryland SIP revision # 03– product, and in the course of business, 07) consists of the standards and comment and allows EPA to contact you ensure that the products meet in case EPA cannot read your comment requirements to control VOC emissions applicable state requirements. from consumer products. due to technical difficulties or needs III. Final Action further information on the substance of I. Background your comment. EPA’s policy is that EPA EPA is approving revisions to the will not edit your comment, and any In December 1999, EPA identified Maryland SIP, COMAR 26.11.32, to emission reduction shortfalls in several identifying or contact information establish VOC content limits for provided in the body of a comment will one-hour ozone nonattainment areas in approximately 80 categories and the Ozone Transport Region (OTR) and be included as part of the comment that subcategories of consumer products that is placed in the official public docket. required those areas to address the was submitted on November 19, 2003 by If EPA cannot read your comment due shortfalls. The Ozone Transport MDE. The implementation of this rule to technical difficulties and cannot Commission (OTC) developed control will result in the reduction of VOC contact you for clarification, EPA may measures into model rules for a number emissions in the Baltimore Metropolitan not be able to consider your comment. of source categories and estimated Area. emission reduction benefits from EPA is publishing this rule without i. E-mail. Comments may be sent by implementing those model rules that prior proposal because the Agency electronic mail (e-mail) to will close the shortfalls. The OTC views this as a noncontroversial [email protected], attention: Commissioners formally supported amendment and anticipates no adverse MD152–3105. EPA’s e-mail system is these model rules, including a consumer comment. However, in the ‘‘Proposed not an ‘‘anonymous access’’ system. If products rule. The OTC Consumer Rules’’ section of today’s Federal you send an e-mail comment directly Products model rule was based on the Register, EPA is publishing a separate without going through Regulations.gov, existing rules developed by the document that will serve as the proposal EPA’s e-mail system automatically California Air Resources Board, which to approve the SIP revision if adverse captures your e-mail address. E-mail were analyzed and modified by the OTC comments are filed. This rule will be addresses that are automatically workgroup to address VOC reduction effective on January 23, 2004 without captured by EPA’s e-mail system are needs in the OTR. The standards and further notice unless EPA receives included as part of the comment that is requirements contained in Maryland’s adverse comment by January 8, 2004. If placed in the official public docket. Consumer Products rule are consistent EPA receives adverse comment, EPA ii. Regulations.gov. Your use of with the OTC model rule. will publish a timely withdrawal in the Regulation.gov is an alternative method Federal Register informing the public of submitting electronic comments to II. Summary of SIP Revision that the rule will not take effect. EPA EPA. Go directly to http:// On July 25, 2003, the Secretary of the will address all public comments in a www.regulations.gov, then select Environment adopted new regulation subsequent final rule based on the ‘‘Environmental Protection Agency’’ at COMAR 26.11.32, Control of Emissions proposed rule. EPA will not institute a the top of the page and use the ‘‘go’’ of VOC from Consumer Products that second comment period on this action. button. The list of current EPA actions includes COMAR 26.11.32.01 through Any parties interested in commenting available for comment will be listed. COMAR 26.11.32.23. This regulation must do so at this time. Please note that Please follow the online instructions for establishes VOC content limits for if EPA receives adverse comment on an submitting comments. The system is an approximately 80 categories and amendment, paragraph, or section of ‘‘anonymous access’’ system, which subcategories of consumer products. this rule and if that provision may be means EPA will not know your identity, Consumer products are household and severed from the remainder of the rule, e-mail address, or other contact industrial products such as cleaning EPA may adopt as final those provisions information unless you provide it in the compounds, floor finishes, personal care of the rule that are not the subject of an body of your comment. products, automotive products, adverse comment. iii. Disk or CD ROM. You may submit disinfectants, aerosol adhesives, and You may submit comments either comments on a disk or CD ROM that lawn and garden products. electronically or by mail. To ensure you mail to the mailing address The regulation applies to a person proper receipt by EPA, identify the identified in the ADDRESSES section of who sells, supplies, offers for sale, or appropriate rulemaking identification this document. These electronic manufactures consumer products on or number, MD152–3105, in the subject submissions will be accepted in after January 1, 2005 for use in the State line on the first page of your comment. WordPerfect, Word or ASCII file format. of Maryland. Also included in the Please ensure that your comments are Avoid the use of special characters and regulation are definitions, the VOC submitted within the specified comment any form of encryption. content limits, standards and period. Comments received after the 2. By Mail. Written comments should exemptions, innovative products, close of the comment period will be be addressed to the EPA Regional office administrative requirements, marked ‘‘late.’’ EPA is not required to listed in the ADDRESSES section of this recordkeeping and reporting consider these late comments. document.

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For public commenters, it is 4. If you estimate potential burden or Executive Order 13132 (64 FR 43255, important to note that EPA’s policy is costs, explain how you arrived at your August 10, 1999). This action merely that public comments, whether estimate. approves a state rule implementing a submitted electronically or in paper, 5. Provide specific examples to illustrate Federal standard, and does not alter the will be made available for public your concerns. relationship or the distribution of power viewing at the EPA Regional Office, as 6. Offer alternatives. and responsibilities established in the EPA receives them and without change, 7. Make sure to submit your comments Clean Air Act. This rule also is not unless the comment contains by the comment period deadline subject to Executive Order 13045, copyrighted material, confidential identified. ‘‘Protection of Children from business information (CBI), or other 8. To ensure proper receipt by EPA, Environmental Health Risks and Safety information whose disclosure is identify the appropriate regional file/ Risks’’ (62 FR 19885, April 23, 1997), restricted by statute. When EPA rulemaking identification number in because it is not economically identifies a comment containing the subject line on the first page of significant. copyrighted material, EPA will provide your response. It would also be In reviewing SIP submissions, EPA’s a reference to that material in the helpful if you provided the name, role is to approve state choices, version of the comment that is placed in date, and Federal Register citation provided that they meet the criteria of the official public rulemaking file. The related to your comments. the Clean Air Act. In this context, in the entire printed comment, including the absence of a prior existing requirement IV. Statutory and Executive Order for the State to use voluntary consensus copyrighted material, will be available Reviews at the Regional Office for public standards (VCS), EPA has no authority inspection. A. General Requirements to disapprove a SIP submission for failure to use VCS. It would thus be Under Executive Order 12866 (58 FR Submittal of CBI Comments inconsistent with applicable law for 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Do not submit information that you not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission consider to be CBI electronically to EPA. therefore is not subject to review by the that otherwise satisfies the provisions of You may claim information that you Office of Management and Budget. For the Clean Air Act. Thus, the submit to EPA as CBI by marking any this reason, this action is also not part or all of that information as CBI (if requirements of section 12(d) of the subject to Executive Order 13211, National Technology Transfer and you submit CBI on disk or CD ROM, ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. mark the outside of the disk or CD ROM Significantly Affect Energy Supply, 272 note) do not apply. This rule does as CBI and then identify electronically Distribution, or Use’’ (66 FR 28355, May not impose an information collection within the disk or CD ROM the specific 22, 2001). This action merely approves burden under the provisions of the information that is CBI). Information so state law as meeting Federal Paperwork Reduction Act of 1995 (44 marked will not be disclosed except in requirements and imposes no additional U.S.C. 3501 et seq.). accordance with procedures set forth in requirements beyond those imposed by 40 CFR part 2. state law. Accordingly, the B. Submission to Congress and the In addition to one complete version of Administrator certifies that this rule Comptroller General the comment that includes any will not have a significant economic The Congressional Review Act, 5 information claimed as CBI, a copy of impact on a substantial number of small U.S.C. 801 et seq., as added by the Small the comment that does not contain the entities under the Regulatory Flexibility Business Regulatory Enforcement information claimed as CBI must be Act (5 U.S.C. 601 et seq.). Because this Fairness Act of 1996, generally provides submitted for inclusion in the official rule approves pre-existing requirements that before a rule may take effect, the public regional rulemaking file. If you under state law and does not impose agency promulgating the rule must submit the copy that does not contain any additional enforceable duty beyond submit a rule report, which includes a CBI on disk or CD ROM, mark the that required by state law, it does not copy of the rule, to each House of the outside of the disk or CD ROM clearly contain any unfunded mandate or Congress and to the Comptroller General that it does not contain CBI. Information significantly or uniquely affect small of the United States. EPA will submit a not marked as CBI will be included in governments, as described in the report containing this rule and other the public file and will be available for Unfunded Mandates Reform Act of 1995 required information to the U.S. Senate, public inspection without prior notice. (Pub. L. 104–4). This rule also does not the U.S. House of Representatives, and If you have any questions about CBI or have tribal implications because it will the Comptroller General of the United the procedures for claiming CBI, please not have a substantial direct effect on States prior to publication of the rule in consult the person identified in the FOR one or more Indian tribes, on the the Federal Register. This rule is not a FURTHER INFORMATION CONTACT section. relationship between the Federal ‘‘major rule’’ as defined by 5 U.S.C. Government and Indian tribes, or on the 804(2). Considerations When Preparing distribution of power and Comments to EPA responsibilities between the Federal C. Petitions for Judicial Review You may find the following Government and Indian tribes, as Under section 307(b)(1) of the Clean suggestions helpful for preparing your specified by Executive Order 13175 (65 Air Act, petitions for judicial review of comments: FR 67249, November 9, 2000). This this action must be filed in the United action also does not have Federalism States Court of Appeals for the 1. Explain your views as clearly as implications because it does not have appropriate circuit by February 9, 2004. possible. substantial direct effects on the States, Filing a petition for reconsideration by 2. Describe any assumptions that you on the relationship between the national the Administrator of this final rule does used. government and the States, or on the not affect the finality of this rule for the 3. Provide any technical information distribution of power and purposes of judicial review nor does it and/or data you used that support responsibilities among the various extend the time within which a petition your views. levels of government, as specified in for judicial review may be filed, and

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shall not postpone the effectiveness of ENVIRONMENTAL PROTECTION Unless we get adverse comments such rule or action. This action AGENCY which oppose this authorization during pertaining to Maryland’s Consumer the comment period, the decision to Products Rule, may not be challenged 40 CFR Part 271 authorize the State of Louisiana later in proceedings to enforce its Department of Environmental Quality requirements. (See section 307(b)(2).) [FRL–7597–5] (LDEQ) revisions to their hazardous waste program will take effect. If List of Subjects in 40 CFR Part 52 Louisiana: Final Authorization of State adverse comments are received, the EPA Environmental protection, Air Hazardous Waste Management will publish a document in the Federal pollution control, Incorporation by Program Revisions Register (FR) either: A withdrawal of reference, Intergovernmental relations, AGENCY: Environmental Protection the immediate final decisions (and the Ozone, Reporting and recordkeeping Agency (EPA). proposed rule published elsewhere in requirements, Volatile organic this issue of the Federal Register will compounds. ACTION: Immediate final rule. serve as a proposal to authorize the Dated: November 28, 2003. SUMMARY: The State of Louisiana has changes), or a document containing a Donald S. Welsh, applied for final authorization of response to comments and which either affirms that the immediate final Regional Administrator, Region III. revisions to its Hazardous Waste Program under the Resource decision takes effect or reverses the ■ 40 CFR part 52 is amended as follows: Conservation and Recovery Act (RCRA), decision. DATES: This immediate final rule is PART 52—[AMENDED] Clusters X, XI and XII which contain Federal rules promulgated from July 1, effective February 9, 2004 unless EPA ■ 1. The authority citation for part 52 1999, to June 30, 2002. The EPA has receives adverse written comments by continues to read as follows: determined that these revisions satisfy January 8, 2004. Should EPA receive Authority: 42 U.S.C. 7401 et seq. the requirements needed to qualify for such comments, it will publish a timely final authorization, and is authorizing document either: Withdrawing the Subpart V—Maryland the State’s revisions through this immediate final publication or affirming immediate final action. The EPA is the publication and responding to ■ 2. Section 52.1070 is amended by publishing this rule to authorize the comments. adding paragraph (c)(185) to read as revisions without a prior proposal ADDRESSES: Written comments, referring follows: because we believe this action is not to Docket Number LA–01–03 should be controversial and do not expect adverse § 52.1070 Identification of plan. sent to Alima Patterson, Region 6, comments. We note that a petition to Regional Authorization Coordinator, * * * * * withdraw the State of Louisiana’s State/Tribal Oversight Section (6PD–O), (c) * * * authorization to operate its RCRA Multimedia Planning and Permitting (185) Revisions to the Code of program dated March 13, 2002 has been Division, EPA Region 6, 1445 Ross Maryland Administrative Regulations filed by Concerned Citizens of New Avenue, Dallas, Texas 75202–2733. You (COMAR) on the Control of VOC Sarpy and Louisiana Bucket Brigade. may submit your comments Emissions from Consumer Products Currently, we are in the final stages of electronically to submitted on November 19, 2003 by the review of the allegations contained in [email protected]. Copies of the Maryland Department of the the petition. As such, the Region is not Louisiana program revision application Environment: yet in a position to determine the and the materials which EPA used in (i) Incorporation by reference. outcome of the petition at this time. evaluating the revision are available for (A) A letter dated November 19, 2003 EPA is continuing to review the Petition inspection and copying from 8:30 a.m. from the Maryland Department of the and will take whatever action is deemed to 4 p.m. Monday through Friday, at the Environment transmitting additions to necessary as a result of its investigation following addresses: Louisiana Maryland’s State Implementation Plan of the allegations contained in the Department of Environmental Quality, pertaining to the control of volatile petition. The approval of this revision to 602 N. Fifth Street, Baton Rouge, organic compounds (VOC) emissions the State’s authorized program is a Louisiana 70884–2178, (225) 219–3559 from consumer products. completely separate and unrelated and EPA, Region 6, 1445 Ross Avenue, (B) Addition of new COMAR action to EPA’s review of the petition. Dallas, Texas 75202–2733, phone 26.11.32—Control of Emissions of VOC Under RCRA Section 3006(b), 42 U.S.C. number (214) 665–8533. from Consumer Products: 6926(b), States must maintain a FOR FURTHER INFORMATION CONTACT: (1) Addition of COMAR 26.11.32.01 hazardous waste program that is Alima Patterson, (214) 665–8533. through COMAR 26.11.32.23 adopted by equivalent to, consistent with, and no the Secretary of the Environment on SUPPLEMENTARY INFORMATION: less stringent than the Federal July 25, 2003 and effective on August Hazardous Waste Program. As the A. Why Are Revisions to State 18, 2003. Federal program changes, States must Programs Necessary? (2) Addition of new COMAR change their programs and ask EPA to States that receive final authorization 26.11.32.01F—Retail Sales, adopted by authorize the changes. Since there were from EPA under RCRA Section 3006(b), the Secretary of the Environment on modifications made to the federal 42 U.S.C. 6926(b), must maintain a October 22, 2003 and effective on program, the changes to Louisiana’s hazardous waste program that is November 24, 2003. RCRA program are necessary. In most equivalent to, consistent with, and no (ii) Additional Material.—Remainder circumstances, the Federal Rules require less stringent than the Federal of the State submittals pertaining to the the authorized State’s program be Hazardous Waste Program. As the revisions listed in paragraph (c)(185)(i) revised within one year of the Federal Federal program changes, States must of this section. modification. Therefore, EPA does not change their programs and ask EPA to [FR Doc. 03–30509 Filed 12–8–03; 8:45 am] believe that action on this revision to authorize the changes. Changes to State BILLING CODE 6560–50–P Louisiana’s program should be delayed. programs may be necessary when

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Federal or State statutory or regulatory effective January 23, 1995; December 23, the Department of Natural Resources, authority is modified or when certain 1994 (59 FR 66200) effective March 8, Office of Environmental Affairs, to other changes occur. Most commonly, 1995; there were technical corrections LDEQ. The LDEQ and the Department of States must change their programs made on January 23, 1995 (60 FR 4380), Natural Resources, Office of because of changes to EPA’s regulations effective January 23, 1995; and another Conservation, has a memorandum of in 40 Code of Federal Regulations (CFR) technical correction was made on April understanding that outlines the protocol parts 124, 260–266, 268, 270, 273, and 11, 1995 (60 FR 18360) effective April for activities associated with the 279. 11, 1995. We authorized the following exploration, development, or additional revisions: October 17, 1995 B. What Is the Effect of Today’s production of oil, gas, or geothermal (60 FR 53704) effective January 2, 1996; Authorization Decision? resources. The LDEQ has lead agency March 28, 1996 (61 FR 13777) effective jurisdictional authority for The effect of this decision is that a June 11, 1996; December 29, 1997 (62 administering the RCRA Subtitle C facility in Louisiana subject to RCRA FR 67572) effective March 16, 1998; program in Louisiana. The LDEQ is will now have to comply with the October 23, 1998 (63 FR 56830) effective designated to facilitate communication authorized State requirements instead of December 22, 1998; August 25, 1999 (64 between the EPA and the State. the equivalent Federal requirements in FR 46302) effective October 25, 1999 ; The State law governing the order to comply with RCRA. Louisiana September 2, 1999 (64 FR 48099) generation, transportation, treatment, has enforcement responsibilities under effective November 1, 1999; February storage and disposal of hazardous waste its State hazardous waste program for 28, 2000 (65 FR 10411) effective April can be found in LRS 30:2171–2205. This violations of such program, but EPA 28, 2000 and January 2, 2001 (66 FR 23) part may be cited as the ‘‘Louisiana retains its authority under RCRA effective March 5, 2001. On October 23, Hazardous Waste Control Law.’’ The sections 3007, 3008, 3013, and 7003, 2001, April 4, 2003, and June 9, 2003, laws governing hazardous waste should which include, among others, authority Louisiana applied for approval of its be viewed as part of a larger framework to: (1) Do inspections, and require program revisions for RCRA Clusters X, monitoring, tests, analyses or reports, (2) XI and XII. In this application, of environmental laws specified in Title enforce RCRA requirements and Louisiana is seeking approval of RCRA 30, Subtitle II Louisiana Revised suspend or revoke permits and (3) take Clusters X, XI and XII in accordance Statutes. The State of Louisiana adopted enforcement actions after notice to, and with 40 CFR 271.21(b)(3). the Federal regulations for Cluster X , XI consultation with the State. This action Since 1979, the State of Louisiana, and XII promulgated from July 1, 1999 does not impose additional through the Louisiana Department of through June 30, 2002, and the State’s requirements on the regulated Natural Resources, has conducted a regulations which became effective May community because the regulations for program designed to regulate those who 20, 1997, June 20, 1998, September 20, which Louisiana is being authorized by generate, transport, treat, store, dispose 1998, March 20, 1999, August 20, 1999, today’s action are already effective, and of or recycle hazardous waste. During March 20, 2001, April 20, 2001, July 20, are not changed by today’s action. the 1983 Regular Session of the 2001, and March 20, 2003. Louisiana Legislature, Act 97, the State Initiated Changes C. What Is the History of Louisiana’s Environmental Affairs Act, was Final Authorization and Its Revisions? adopted. This Act amended and The State has made amendments to The State of Louisiana initially reenacted Louisiana Revised Statutes the provisions listed in the table which received final authorization on February (LRS) 30:1051 et seq. and also created follows. These amendments correct 7, 1985 (50 FR 3348), to implement its the Louisiana Department of typographical and/or printing errors, base Hazardous Waste Management Environmental Quality (LDEQ). During clarify and make the State’s regulations Program. Since the Base Program the 1999 Regular Session of Louisiana more internally consistent. The State’s authorization, the following are Legislature, Act 303 revised the LRS laws and regulations, as amended by publication dates for the State of 30:2011 et seq., allowing LDEQ to re- these provisions, provide authority Louisiana’s program revisions: engineer itself to perform more which remains equivalent to and no less November 28, 1989 (54 FR 48889) efficiently and to meet its strategic stringent than the Federal laws and effective January 29, 1990; August 26, goals. regulations. These State initiated 1991 (56 FR 41958) effective August 26, Act 97 transferred the duties and changes are submitted under the 1991; November 7, 1994 (59 FR 55368) previously delegated responsibilities of requirements of 40 CFR 271.21(a).

MANIFEST RULE CHANGES

Result of re-promulgated rule State citation Federal citation (amended/effective date January 20, 2001)

903 ...... n/a repealed. 905.A.4 ...... 264.71(a) from more stringent to equivalent. 905.A.5 ...... 264.71(a)(5) from more stringent to equivalent. 905.D ...... 264.71(d) changed the offices to reflect the re-engineered offices. 907.B ...... 264.72(b) from more stringent to equivalent. 913 ...... n/a repealed. 915 ...... n/a repealed. 917 ...... n/a repealed. 919 ...... n/a repealed. 1107.A.8 ...... n/a reserved. 1107.C ...... 262.22 copies of manifest will no longer be sent to the State. 111.C.1 ...... n/a Reserved . Chapter 11. Appendix A ...... Appendix to Part 262 equivalent. 1309.F ...... n/a deleted.

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MANIFEST RULE CHANGES—Continued

Result of re-promulgated rule State citation Federal citation (amended/effective date January 20, 2001)

1309.G ...... n/a deleted.

D. What Changes Are We Authorizing regulations which specifically govern hazardous waste program revision With Today’s Action? RCRA Clusters X, XI and XII rules. satisfies the requirements necessary to Louisiana requirements are included in qualify for final authorization. Louisiana applied for final approval a chart with this document. The EPA is Therefore, we grant Louisiana final of its revision to its hazardous waste now making a final decision, subject to authorization for the following program program in accordance with 40 CFR receipt of written adverse comments revisions: 271.21. Louisiana’s revisions consist of that oppose this action, that Louisiana’s

Federal citation State analog

1. Clarification of Standards for Hazardous Waste LDR Louisiana Revised States (LRS) 30: Section 2180 et seq., as amended May 7, 1996, Treatment Variances, [62 FR 64504] December 5, effective May 7, 1996; Louisiana Hazardous Waste Regulations (LHWR) Sections 1997. (Checklist 162). 2231.C, 2231.D and 2231.G, as amended July 20, 2001, effective July 20, 2001. 2. Land Disposal Restrictions Phase IV—Final Rule LRS:30:2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- Promulgating Treatment Standard for Metal Wastes tions 1109.E.1.e, 2223.J, 2236.C.1.a-b, 2245.C.3, Chapter 22. Table 2, and Chapter and Mineral Processing Wastes; Mineral Processing 49. Table 2, as amended March 20, 2001, effective March 20, 2001; 2223.J, as Secondary Material and Bevill Exclusion Issues; amended March 20, 1999, effective March 20, 1999; 2231.CÐD and 221.G, as Treatment Standards for Hazardous Soils, and Exclu- amended July 20, 2001, effective July 20, 2001. sion of Recycled Wood Preserving Wastewaters, [63 FR 28556] May 26, 1998. (Checklist 167 B). 3. Hazardous Waste Management System; Modification LRS:30:2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- of the Hazardous Waste Program; Hazardous Waste tions 105.D.7, 105.D.7.c-d, 305.C.11.b-d, 1501.C.11.b-d, 2201.1.I.5.b-d, 3801.A as Lamps, [64 FR 36466] July 6, 1999. (Checklist 181). amended September 20, 1998, effective September 20, 1998; 3801.B, as amended June 20, 1998, effective June 20, 1998; 3801.CÐD, as amended April 20, 2001, ef- fective April 20, 2001; 3803.A.1, 3803.B.2, 3803.B.3, 3805.A, 3807.A, as amended May 20, 1997, effective May 20, 1997; 3809.A, as amended June 20, 1998, effective June 20, 1998, 3809.B, as amended September 20, 1998, effective September 20, 1998, 3809.B.1Ð2, as amended March 20, 2001, 3809.C, as amended September 20, 198, effective September 20, 1998; 3809.C.1, as amended March 2001, effective March 20, 2001; 3809.C.2, as amended September 20, 1998, effective September 20, 1998; 3813.Definition—Lamps, as amended March 20, 2001, effective March 20, 2001; 3813.Definition—Large Quantity Handler of Universal Waste, as amended September 20, 1998, effective September 20, 1998 and 3813.Definition of small Quantity Handler; May 20, 1997, effective May 20, 1997; 3821.D, 3821.D.1, 3821.D.2, 3823.A.5, 3837, as amended March 20, 2001, effective March 20, 2001; 3813.Definitions—Universal Waste, as amended September 20, 1998, effective Sep- tember 20, 1998; 3815.B, as amended May 20, 1997, effective May 20, 1997; 3821.D, 3821.D.1Ð2, and 3823.A.5, as amended March 20, 2001, effective March 20, 2001; 3837, as amended May 20, 1997, effective May 20, 1997, 3841.B.4, 3841.B.5, as amended September 20, 1998, effective September 20, 1998; 3843.D, 3843.D.1Ð2, 3845.A.5, as amended March 20, 2001, effective March 20, 2001; 3859, 3873.A, as amended May 20, 1997, effective May 20, 1997; 3883.A.1, as amended February 20, 1998, effective February 20, 1998; 4301.C.13.b-c, as amend- ed March 20, 1999, effective March 20, 1999; and 4301.C.13.d, as amended August 20, 1999, effective August 20, 1999. 4. NESHAPS: Final Standards for Hazardous Air Pollut- LRS:30:2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- ants for Hazardous Waste Combusters, [64 FR tions 109 Definitions—Dioxins and furans (D/F), 109 Definitions—TEQ, 332.B.8, 52828; 64 FR 63209] September 30, 1999; and No- 322.L.9, 529.Intro, 529.F, 525.G, 537.D, 3001.B, 3001.B.1Ð2, 3001.B.2.a-d, 3001.CÐ vember 19, 1999. (Checklist 182). D, 3001.D.1, 3001.D.1.a-D.2Ð3, 3001.D.3.a-D,3.b, 3001.EÐG, 3001.H, 3003.C, 3003.C.1, 3011.C, 3011.C.1-3, 3011.D, 3025.B.1, 3025.B.2.a, 3025.B.2.a.Note, Chapter 30 Appendix H, 3105.B, 3105.B.1Ð2, 3105.CÐE, 3115.E, 3203.Intro, 4513.B, 4513.B.1, 4513.B.2, 4513.C, and Chapter 49.Table 7, as amended March 20, 2001, effective March 20, 2001. 5. Land Disposal Restrictions Phase IV: Final Rule Pro- LRS:30:2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- mulgating Treatment Standards for Metal Wastes and tions 1109.E.1.e, 2214, as amended March 20, 2001, effective March 20, 2001; Mineral Processing Wastes; Mineral Processing Sec- 2223.J, as amended March 20, 1999, effective March 20, 1999; 2236.C.1.a-b, ondary Materials and Bevill Exclusion Issues; Treat- 2245.C.3, Chapter 22 Table 2, Chapter 22.Table 7, Chapter 31.Table 1, Chapter ment Standards for Hazardous Soils, and Exclusion 49.Table 4, Chapter 49.Table 6 and Chapter 49.Table 2, as amended March 20, of Recycled Wood Preserving Wastewaters, [64 FR 2001, effective March 20, 2001. 56469] October 20, 1999. (Checklist 183). 6. Waste Water Treatment Sludges From the Metal Fin- LRS 30:2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- ishing Industry; 180-day Accumulation Time, [65 FR tions 1109.E.1.e, as amended March 20, 2001, effective March 20, 2001, 1109.E.10, 12378] March 8, 2000. (Checklist 184). 1109.E.10.a-d, 1109.E.10.d.i(a)-(c), 1109.E.10.d.i(c).(i) and (ii), 1109.E.10.d.ii-v, 1109.E.11 and 1109.E.12, as amended July 20, 2001, effective July 20, 2001.

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Federal citation State analog

7. Organobromine Production Wastes; Identification and LRS:30.2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- Listing of Hazardous Waste; Land Disposal Restric- tions 1109.E.1.e, as amended March 20, 2001, effective March 20, 2001; 2223.J, as tions; Listing of CERCLA Hazardous Substances, Re- amended March 20, 1999, effective March 20, 1999; 2236.C.1.a-b, 2245.C.3, Chap- portable Quantities; Final Rule, [65 FR 14472] March ter 22 Table 2, Chapter 49.Table 2, 2214, Chapter 22.Table 2, Chapter 22.Table 7, 17, 2000. (Checklist 185). Chapter 31.Table 1, Chapter 49.Table 2, Chapter 49.Table 4, and Chapter 49.Table 6, as amended March 20, 2001, effective March 20, 2001. 8. Organobromines Production Wastes; Petroleum Re- LRS:30.:2180 et seq., as amended May 7, 1996, effective May 7, 1996; LHWR Sec- fining Wastes; Identification and Listing of Hazardous tion Chapter 49.Table 1, as amended March 20, 1999, effective March 20, 1999. Waste; Land Disposal Restrictions, Final Rule and Correcting Amendments, [64 FR 36365] June 8, 2000. (Checklist 187). 9. NESHAPS: Final Standards for Hazardous Air Pollut- LRS:30.:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- ants for Hazardous Waste Combustor, [65 FR 42292] isiana Hazardous Waste Regulations (LHWR) Sections 4909.D.2.d, 3105.B.1, July 10, 2000. (Checklist 188). 3105.B.3, 321.C.10.a, as amended March 20, 2003, effective March 20, 2003. 10. NESHAPS: Second Technical Correction Vacatur, LRS:30.:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- [66 FR 27270] May 14, 2001. (Checklist 188.1). isiana Hazardous Waste Regulations (LHWR) Sections 4909.D.2.d, 3105.B.1, 3105.B.3, 321.C.10.a as amended March 20, 2003, effective March 20, 2003. 11. NESHAPS; Final Standards for Hazardous Air Pol- LRS:30.:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- lutants for Hazardous Waste Combustor: Direct Final isiana Hazardous Waste Regulations (LHWR) Sections 4909.D.2.d, 3105.B.1, Rule [66 FR 35087] July 3, 2001. (Checklist 188.2). 3105.B.3, 321.C.10.a as amended March 20, 2003, effective March 20, 2003. 12. Chlorinated Aliphatics Listing and LDRs for Newly LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- Identified Wastes, [65 FR 67068] November 8, 2000. isiana Hazardous Waste Regulations (LHWR) Sections 4901.C Table 2, 4901.G (Checklist 189). Table 6, 3105 Table 1, Sections 2213.AÐB, 2213.B.1Ð5, 2213.CÐD, 2213.D.1, Chap- ter 22 Table 2, and Chapter 22 Table 7, as amended March 20, 2003, effective March 20, 2003. 13. Land Disposal Restrictions Phase IV—Deferral for LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- PCBs in Soil, [65 FR 8137] December 26, 2000. isiana Hazardous Waste Regulations (LHWR) Sections 2215.AÐB, 2215.B.1Ð4, (Checklist 190). Chapter 22 Table 7, 2236.D, and 2215 Appendix Table 9 as amended March 20, 2003, effective March 20, 2003. 14. Mixed Waste Rule, [66 FR 27218] May 16, 2001. LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- (Checklist 191). isiana Hazardous Waste Regulations (LHWR) Sections 4201, 109, 4203, 4205, 4207.AÐB, 4207.B.1Ð5, 4209, 4211.A, 4211.A.1, 4211.A.1.a-c, 4211.A.2, 4211.B, 4213.A, 4213.A.1Ð2, 4213.A.1Ð4, 4213.B, 4215.A, 4215.A.1Ð4, 4215.B, 4217.AÐB, 4219.A, 4221.A, 4223.A, 4223.A.1, 4223.A.2, 4225.AÐ4, 4227, 4229.A, 4231.A, 4231.A.1Ð4, 4233.A, 4235.A, 4235.A.1Ð3, 4235.A.3, 4237.A, 4237.B, 4237.B.1Ð7, 4239.A, 4239.A.1Ð5, 4241.A.1, 4241.A.1.a-c, 4241.A.2, 4241.B. 4243.A, 4243.A.2, 4243.A.2.a-d, and 4243.BÐC, as amended March 20, 2003, effective March 20, 2003. 15. Mixture and Derived-From Rules Revisions, [66 FR LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- 27266] May 16,2001. (Checklist 192 A). isiana Hazardous Waste Regulations (LHWR) Sections 109.Hazardous Waste.2.c, 109.HW.4.f, and 109 Hazardous Waste.4.g, as amended March 20, 2003, effective March 20, 2003. 16. Land Disposal Restrictions Correction, [66 FR LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- 27266] May 16, 2001. (Checklist 192 B). isiana Hazardous Waste Regulations (LHWR) Section Chapter 22 Table 11, as amended March 20, 2003, effective March 20, 2003. 17. Change of Official EPA Mailing Address, [66 FR LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- 34374] June 28, 2001. (Checklist 193). isiana Hazardous Waste Regulations (LHWR) Section 110.A.11, as amended March 20, 2003, effective March 20, 2003. 18. Mixture and Derived-From Rules Revision II, [66 FR LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- 50334] October 3, 2001. (Checklist 194). isiana Hazardous Waste Regulations (LHWR) Sections 109 Hazardous Waste.2.c-vii and 109 Hazardous Waste.4.f, as amended March 20, 2003, effective March 20, 2003. 19. Inorganic Chemical Manufacturing Waste Identifica- LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- tion and Listing, [66 FR 58258]; [67 FR 17119] No- isiana Hazardous Waste Regulations (LHWR) Sections 105.D.2.p, 105.D.2.p.i, vember 20, 2001; April 9, 2002. (Checklist 195). 105.D.2.p.ii-v, 4901.C.Table 2, 4901.G.Table 6, 2219.A, 2219.B, 2219.B.1Ð5, 2219.C, and 22 Table 2, as amended March 20, 2003, effective March 20, 2003. 20. Corrective Action Management Units (CAMU), [67 LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- FR 2962) January 22, 2002. (Checklist 196). isiana Hazardous Waste Regulations (LHWR) Sections 109, 2601.A&B, 2602, 2602.A, 2603.A, 2603.A.1, 2603.A.1.b, 2603.A.1.b.i-ii, 2603.A.1.b-c, 2603.A.3, 2603.A.3.a-d, 2603.A.4Ð5, 2603.B, 2603.b.1, 2603.B.2, 2603.B.326.3.C, 2603.C.2, 2603.C.4Ð7, 2603.D. 2603.D.1Ð3, 2603.E, 2603.E.1Ð3, 2603.E.3.b, 2603.E.3.b.i-ii, 2603.E.4, 2603.E.4.a, 2603.E.4.a.i, 2603.E.4.a.i(a)-(b), 2603.E.4.a.ii-iii, 2603.E.4.b, 2603.E.4.c-d, 2603.E.4.d.i-ii, 2603.E.4.d.iii-vi, 2603.E.4.e, 2603.E.4.e.i-v, 2603.E.4.e.v(a)-(g), 2603.E.5, 2603.E.5.a-c, 2603.E.6, 2603.E.6, 2603.E.6.a, 2603.E.6.a.i-ii, 2603.E.b, 2603.E.6.b.i-ii, 2603.E.6.c, 2603.E.6.c.i-vi, 2603.E.6.d, 2603.E.6.d.i, 2603.E.6.i.(a)-(e), 2603.E.6.d.ii, 2603.E.6.e, 2603.F, 2603.F.1-2, 2603.F.2.a-b, 2603.GÐK, 2605.A, 2607.A, 2607.A,12607.A.2, 2607.A.2.a-c, 2607.A.3, 2607.BÐE, 2607.E.1-6, 2607.F and 2607.G, as amended March 20, 2003, effective March 20, 2003.

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Federal citation State analog

21. Hazardous Air Pollutant Standards for Combustors; LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- Interim Standards, [67 FR 6792] February 1, 2002. isiana Hazardous Waste Regulations (LHWR) Sections 3105.B.1, 3105.B.4, (Checklist 197). 3105.B.4.a-b, 4513.B.1, 4513.B.3, 3001B.2.a-d, 529.F, 535.G, 3115.E, 537.D, 2001.A, 2001.A.1, 2001.A.1.a, 2001.A.1.a.i-ii, 2001.A.1.b, 2001A.1.b.i. 2001.A.1.b.i(a)-(b), 2001.A1.b.ii, 2001.A.1.b.ii(a), 2001.A.1.b.ii(b), 2001.A.1.c, 2001.A.1.c.i-ii, 2001.A.2, 2001.A.2.a, 2001.A.2.a.i-ii, 2001.A.2.b. 2001.A.2.b.i(a), 2001.A.2.b.i.(b), 2001.A.2.b.ii, 2001.A.2.b.ii(a), 2001.A.2.b.ii(b), 2001.A.2.c, 2001.A.2.c.i-ii, 2001.B, 2001.B.1, 2001.B.1.a-b, and 2001.B.2, as amended March 20, 2003, effective March 20, 2003. 22. Hazardous Air Pollutant Standards for Combusters; LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- Corrections, [67 FR 6968] February 14, 2002. isiana Hazardous Waste Regulations (LHWR) Sections 3001.A, 3001.B.1, (Checklist 198). 3001.D.1.a.ii, 3001.D.2.a-b, 3001.D.3, 3001.D.3.a, 3001.D.3.a.iv, and 321.C.10.a, as amended March 20, 2003, effective March 20, 2003. 23. Vacatur of Mineral Processing Spent Materials LRS:30:2180 et seq., as amended through 2001 Regular Legislative Session; Lou- Being Reclaimed as Solid Wastes and TCLP Use isiana Hazardous Waste Regulations (LHWR) Sections 109 Solid Waste.3.c, with MGP Waste, [67 FR 11251] March 13, 2002. 105.D.1.p, 105.D.1.p.i-iv, 105.D.1.p.iv(a)-(c)(iv), 105.D.1.p.v-vi, and 4903.E.1, as (Checklist 199). amended March 20, 2003, effective March 20, 2003.

E. What Decision Has EPA Made? permits or portions of permits for the J. What Happens if EPA Receives We conclude that Louisiana’s provisions listed in this document after Comments Opposing This Action? application to revise its authorized the effective date of this authorization. If EPA receives comments opposing program meets the statutory and The EPA will continue to implement this action, we will publish a second regulatory requirements established by and issue permits for HSWA Federal Register document before the RCRA. Therefore, we grant Louisiana requirements for which the State is not immediate final rule takes effect. The final authorization to incorporate the yet authorized. second document may withdraw the changes described in the authorization immediate final rule before it takes application into its hazardous waste H. Why Wasn’t There a Proposed Rule effect and a separate document in the program. Louisiana has responsibility Before Today’s Notice? proposed rules section of this Federal for permitting treatment, storage, and The EPA is authorizing the State’s Register will serve as a proposal to disposal facilities within its borders changes through this immediate final authorize the changes or the document (except in Indian Country) and for action and is publishing this rule may identify the issues raised, respond carrying out the aspects of the RCRA to comments, and affirm that the without a prior proposal to authorize program described in its revised immediate final rule will take effect program application, subject to the the changes because EPA believes it is February 9, 2004. limitations of Hazardous and Solid not controversial and we expect no K. When Will This Approval Take Waste Amendments of 1984 (HSWA). comments that oppose this action. The Effect? New Federal requirements and EPA is providing an opportunity for prohibitions imposed by Federal public comment now. In addition, in the Unless EPA receives comments regulations that EPA promulgates under proposed rules section of today’s opposing this action, this final the authority of HSWA take effect in Federal Register, we are publishing a authorization approval will become authorized States before they are separate document that proposes to effective without further notice on authorized for the requirements. Thus, authorize the State changes. If EPA February 9, 2004. EPA will implement those requirements receives comments opposing this L. Where Can I Review the State’s and prohibitions in Louisiana, including authorization, that document will serve Application? issuing permits, until the State is as a proposal to authorize the changes. granted authorization to do so. ‘ You can view and copy the State of Louisiana’s application from 8:30 a.m. F. How Do the Revised State Rules I. Where Do I Send My Comments and to 4 p.m. Monday through Friday at the Differ From the Federal Rules? When Are They Due? following addresses: Louisiana In this authorization of the State of Department of Environmental Quality, Louisiana’s program revisions for RCRA You should send written comments to 602 N. Fifth Street, Baton Rouge, Clusters X, XI and XII, there are no Alima Patterson, Regional Authorization Louisiana 70884–2178, (225) 219–3559 provisions that are more stringent or Coordinator, State/Tribal Oversight and EPA, Region 6, 1445 Ross Avenue, broader in scope. The State’s regulations Section (6PD-O), Multimedia Planning Dallas, Texas 75202–2733, (214) 665– are equivalent and consistent with the and Permitting Division, EPA Region 6, 6444. For further information contact Federal regulations. 1445 Ross Avenue, Dallas, Texas 75202– Alima Patterson, Region 6 Regional 2733, (214) 665–8533. You may submit Authorization Coordinator, State/Tribal G. Who Handles Permits After This Oversight Section (6PD-O), Multimedia Authorization Takes Effect? comments electronically to [email protected]. Please refer to Planning and Permitting Division, EPA The EPA will administer any RCRA Docket Number LA–01–03. We must Region 6, 1445 Ross Avenue, Dallas, permits or portions of permits it has receive your comments by January 8, Texas 75202–2733, (214) 665–8533. issued to facilities in the State until the 2004. You may not have an opportunity State becomes authorized. At the time M. How Does Today’s Action Affect to comment again. If you want to the State program is authorized for new Indian Country in Louisiana? comment on this action, you must do so rules, EPA will transfer all permits or Louisiana is not authorized to carry at this time. portions of permits issued by EPA to the out its Hazardous Waste Program in State. The EPA will not issue any more Indian country within the State. This

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authority remains with EPA. Therefore, May 22, 2001 because it is not a 7004(b) of the Solid Waste Disposal Act as this action has no effect on Indian significant regulatory action under amended, 42 U.S.C. 6912(a), 6926, 6974(b). country. Executive Order 12866. Under RCRA Dated: November 25, 2003. section 3006(b), EPA grants a State’s N. What Is Codification? Richard E. Greene, application for authorization as long as Regional Administrator, Region 6. Codification is the process of placing the State meets the criteria required by the State’s statutes and regulations that [FR Doc. 03–30511 Filed 12–8–03; 8:45 am] RCRA. It would thus be inconsistent BILLING CODE 6560–50–P comprise the State’s authorized with applicable law for EPA, when it hazardous waste program into the Code reviews a State authorization of Federal Regulations. The EPA does application, to require the use of any this by referencing the authorized State FEDERAL COMMUNICATIONS particular voluntary consensus standard COMMISSION rules in 40 Code of Federal Regulations in place of another standard that part 272. The EPA reserves the otherwise satisfies the requirements of 47 CFR Parts 2, 15, 18, 90 and 95 amendment of 40 CFR part 272, subpart RCRA. Thus, the requirements of T for this codification of Louisiana’s section 12(d) of the National [ET Docket Nos. 01–278 and 95–19; FCC program changes until a later date. Technology Transfer and Advancement 03–149] Administrative Requirements Act of 1995 (15 U.S.C. 272 note) do not Radio Frequency Device Rules apply. As required by section 3 of The Office of Management and Budget Executive Order 12988 (61 FR 4729, AGENCY: Federal Communications has exempted this action from the February 7, 1996), in issuing this rule, Commission. requirements of Executive Order 12866 EPA has taken the necessary steps to ACTION: (58 FR 51735, October 4, 1993), and Final rule. eliminate drafting errors and ambiguity, therefore this action is not subject to SUMMARY: This document relaxes and review by OMB. This action authorizes minimize potential litigation, and provide a clear legal standard for updates certain regulations for State requirements for the purpose of unlicensed devices, to allow for RCRA 3006 and imposes no additional affected conduct. EPA has complied with Executive Order 12630 (53 FR improved operations. It also grants a requirements beyond those imposed by petition for reconsideration concerning State law. Accordingly, I certify that this 8859, March 15, 1988) by examining the takings implications of the rule in the acceptance of foreign laboratory action will not have a significant accreditations and grants a petition for economic impact on a substantial accordance with the Attorney General’s Supplemental Guidelines for the declaratory ruling concerning the number of small entities under the certification requirements for Regulatory Flexibility Act (5 U.S.C. 601 Evaluation of Risk and Avoidance of Unanticipated Takings issued under the transmitters in the private land mobile et seq.). Because this action authorizes radio services. The rules will permit the pre-existing requirements under State Executive Order. This rule does not impose an development of new types of unlicensed law and does not impose any additional devices while protecting authorized enforceable duty beyond that required information collection burden under the provisions of the Paperwork Reduction users of the radio spectrum from by State law, it does not contain any harmful interference. unfunded mandate or significantly or Act of 1995 (44 U.S.C. 3501 et seq.). The DATES: Effective January 8, 2004. The uniquely affect small governments, as Congressional Review Act, 5 U.S.C. 801 incorporation by reference of certain described in the Unfunded Mandates et seq., as added by the Small Business publications in this rule is approved by Reform Act of 1995 (Pub. L. 104–4). For Regulatory Enforcement Fairness Act of the Director of the Federal Register as of the same reason, this action also does 1996, generally provides that before a January 8, 2004. not significantly or uniquely affect the rule may take effect, the agency communities of Tribal governments, as promulgating the rule must submit a FOR FURTHER INFORMATION CONTACT: specified by Executive Order 13175 (65 rule report, which includes a copy of Hugh L. Van Tuyl, Office of Engineering FR 67249, November 9, 2000). This the rule, to each House of the Congress and Technology, (202) 418–7506, TTY action will not have substantial direct and to the Comptroller General of the (202) 418–2989, e-mail: effects on the States, on the relationship United States. EPA will submit a report [email protected]. between the national government and containing this document and other SUPPLEMENTARY INFORMATION: This is a the States, or on the distribution of required information to the U.S. Senate, summary of the Commission’s Second power and responsibilities among the the U.S. House of Representatives, and Report and Order and Memorandum various levels of government, as the Comptroller General of the United Opinion and Order, ET Docket Nos. 01– specified in Executive Order 13132 (64 States prior to publication in the 278 and 95–19, FCC 03–149, adopted FR 43255, August 10, 1999), because it Federal Register. This action is not a June 25, 2003, and released July 17, merely authorizes State requirements as ‘‘major rule’’ as defined by 5 U.S.C. 2003. The full text of this document is part of the State RCRA hazardous waste 804(2). This action will be effective on available for inspection and copying program without altering the February 9, 2004. during regular business hours in the relationship or the distribution of power List of Subjects in 40 CFR Part 271 FCC Reference Center (Room CY–A257), and responsibilities established by 445 12th Street, SW., Washington, DC RCRA. This action also is not subject to Administrative practice and 20554. The complete text of this Executive Order 13045 (62 FR 19885, procedure, Confidential business document also may be purchased from April 23, 1997), because it is not information, Hazardous materials the Commission’s copy contractor, economically significant and it does not transportation, Hazardous waste, Indian Qualex International, 445 12th Street, make decisions based on environmental lands, Intergovernmental relations, SW., Room, CY–B402, Washington, DC health or safety risks. This rule is not Penalties, Reporting and Recordkeeping 20554. The full text may also be subject to Executive Order 13211, requirements, Water pollution control, downloaded at: http://www.fcc.gov. To ‘‘Actions Concerning Regulations That Water supply. request materials in accessible formats Significantly Affect Energy Supply, Authority: This notice is issued under the for people with disabilities (Braille, Distribution, or Use’’ (66 FR 28355 ) authority of sections 2002(a), 3006, and large print, electronic files, audio

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format), send an e-mail to part 15 devices operate at the current technology, the Commission now [email protected] or call the FCC limits without any significant requires measurements above 40 GHz Consumer & Governmental Affairs interference problems. for some devices, so these devices must Bureau at (202) 418–0531 (voice), (202) 3. On October 15, 2001, the now comply with the restricted band 418–7365 (TTY). Commission adopted a Notice of limits. Proposed Rule Making and Order 5. In the NPRM, the Commission Summary of the Second Report and (NPRM), 66 FR 59209, that proposed a sought comment on the need for Order and Memorandum Opinion and number of changes to part 15 and other changes to the restricted bands above Order parts of the rules. These proposals were 38.6 GHz and the potential benefits to 1. In this Second Report and Order based on recommendations contained manufacturers of such changes. This and Memorandum Opinion and Order, within the Biennial Regulatory Review Commission stated its belief that it is the Commission is updating certain 2000 Updated Staff Report, two not necessary to restrict the entire band regulations for unlicensed radio petitions for rule making concerning above 38.6 GHz because only certain frequency devices contained in parts 2, radio frequency identification systems, portions of the band contain sensitive 15 and 18 of our rules. Specifically, the and other staff recommendations. We radio services that require this Commission is: (1) Changing certain received 153 comments and 58 reply protection, such as those that protect emission levels in the restricted bands comments in response to the NPRM. On safety-of-life or those that use very low above 38.6 GHz; (2) eliminating the July 12, 2002, the Commission adopted received levels, such as satellite prohibition on data transmissions and a First Report and Order, 67 FR 48989, downlinks or radio astronomy. The making other changes to rules governing in this proceeding that required radar Commission also stated in the NPRM part 15 remote control devices; (3) detectors to comply with the part 15 that restricting the entire band above modifying the rules for radio frequency emission limits for unintentional 38.6 GHz makes compliance more identification systems to allow for radiators with regard to emissions in the difficult to achieve for certain devices improved operation; (4) simplifying the 11.7–12.2 GHz band to protect very because they must comply with tighter labeling requirement for manufacturer small aperture satellite terminals harmonic limits than would otherwise self-authorized equipment; and (5) (VSATs) from interference. This Second apply if the band were not restricted. making other changes to update and Report and Order and Memorandum For example, the limit on harmonic correct our rules. Because of certain Opinion and Order addresses many of emissions from a transmitter operating decisions in this Second Report and the issues raised in the NPRM that were in the 24.0–24.25 GHz band under Order, the Commission is granting a not addressed in the First Report and § 15.249 of the rules is 2500 µV/m at 3 petition for reconsideration filed by the Order. We plan to address the issues of meters. However, because the Information Technology Industry radio frequency identification systems harmonics from a device operating in Council (ITI) in ET Docket No. 95–19 to in the 425–435 MHz band and further this band fall in the designated the extent indicated herein and granting changes to the emission limits in the restricted band above 38.6 GHz, they a petition for declaratory ruling filed by restricted band above 38.6 GHz other must actually comply with a tighter M/A-COM Private Radio Systems, Inc. than those discussed herein at a later limit of 500 µV/m at 3 meters. This to the extent indicated herein. date. conflict arose as a result of a 1995 rule 2. In recent years, there has been a change that required spurious emissions Restricted Frequency Bands Above 38.6 significant increase in the proliferation from transmitters operating above 10 GHz of unlicensed radio frequency devices GHz to be measured at frequencies that are regulated under part 15 of our 4. Specific frequency bands are above 40 GHz. Prior to that date, rules (part 15 devices). Such devices are designated as restricted bands in part 15 measurements were not required above increasingly relied upon for many to protect certain sensitive radio 40 GHz for such transmitters, so there everyday functions in consumers’ lives. services from interference, such as those was effectively no limit on radiated Examples of common part 15 devices that protect safety-of-life or those that emissions above 40 GHz. include cordless phones, computers, use very low received levels, such as 6. Safety Warning System, L.C. (SWS), baby monitors, and garage door openers. satellite downlinks or radio astronomy. the Short Range Automotive Radar The range of applications and Only spurious emissions are permitted Frequency Allocation Group (SARA) technologies for these types of devices in restricted bands, and such emissions and Cisco Systems, Inc. (Cisco) support continues to evolve at a rapid pace. For must comply with the limits in § 15.209. modifying the restricted band above example, digital processing speeds of The entire frequency range above 38.6 38.6 GHz. SWS states that there is no personal computers are above 2400 MHz GHz is a restricted band, although there need for a restricted band at the second as compared to only 25 MHz about 10 is an exception that permits transmitters and third harmonics of the 24 GHz years ago. Cordless telephones now to operate in the 46.7–46.9 GHz, 76–77 band, and that the current restricted operate at higher frequencies, with GHz and 57–64 GHz bands. At the time band bars socially valuable products at digital modulation techniques providing this frequency range above 38.6 GHz a reasonable price from the market. users with improved performance and was designated as a restricted band, SARA states that the Commission additional service features. In addition, there was no requirement in our rules to should lift the blanket restricted status technological innovations are now being make measurements above 40 GHz of frequencies above 38.6 GHz and employed to develop new part 15 because of limitations in measurement maintain protection only for bands with equipment and systems for business and technology. Designating the entire sensitive services. It states that at a professional applications, e.g. high frequency range above 38.6 GHz as minimum, the Commission should lift speed, high capacity wireless local area restricted, rather than restricting the restriction at the third harmonic of networks (LANs). The part 15 rules have designated segments, was simply a 24 GHz, i.e. 72 GHz, because that is the been highly successful in permitting the matter of administrative convenience most difficult harmonic to suppress and development of new types of unlicensed and had no impact on manufacturers that lifting that restriction would not devices while protecting authorized because measurements were not adversely affect any passive services. users of the radio spectrum from required at those frequencies. However, SARA claims that complying with the harmful interference. Many millions of due to advancements in measurement restricted band harmonic limits can

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double the cost of a 24 GHz transmitter. as restricted and we defer a decision on determined by averaging over the 100 The National Aeronautics and Space this matter to a later date. millisecond interval that produces the Administration (NASA) submitted a list maximum value. Data Transmission by Remote Control of 13 bands that it believes should be 9. In the NPRM, the Commission Devices designated as restricted because they are proposed to allow data transmissions by used for passive sensing. 8. Section 15.231 of the rules allows remote control devices operating under 7. We are eliminating the requirement the operation of remote control devices § 15.231(a) of the rules, stating that the that the second and third harmonics in the 40.66–40.70 MHz band and at any prohibition on data transmissions frequency above 70 MHz, except in from field disturbance sensors operating appears to be unnecessarily constraining designated restricted bands. There are under § 15.245 in the 24.075–24.175 and can be an impediment to the two separate provisions for operation GHz band, specifically harmonics in the development of new types of devices, under this section. The first provision, 48.15–48.35 GHz and 72.225–72.525 and that removing this restriction would in paragraph (a) of this rule section, GHz bands, must comply with the not result in an increased potential for contains field strength limits for devices restricted band limits in § 15.209. We harmful interference. It also proposed to that transmit control signals, such as are also eliminating the requirement remove the prohibition on voice, video those used with alarm systems, door that the second and third harmonics and continuous transmissions and on openers and remote switches. A device from devices operating under § 15.249 the radio control of toys, because data operated under this paragraph must in the 24.0–24.25 GHz band, specifically representing voice or video has no cease transmission within 5 seconds greater interference potential than any harmonics in the 48.0–48.5 GHz and after being activated automatically or other type of data, so there is no need 72.0–72.75 GHz bands, must comply after a manually operated switch is to expressly prohibit them. The with the restricted band limits in released. Continuous transmissions Commission sought comment on the § 15.209. These changes will resolve the such as voice and video are not potential benefits of such changes to current discrepancy in our rules permitted. Data transmissions are manufacturers. It also sought comment concerning the harmonic emission permitted only to identify specific on whether allowing data transmissions limits for transmitters in the 24 GHz transmitters in a system, but no would result in an increased band. It will permit second and third additional data may be sent. For proliferation of devices or in devices harmonic emission levels of 2500 µV/m example, a device could transmit a transmitting for a greater amount of at 3 meters from devices operating in warning when the pressure of a tire is time, and whether there is a need to the 24.0–24.5 GHz band under the low but could not transmit the actual modify the timing requirements in provisions of 15.249 of the rules, and µ pressure level, or could remotely § 15.231 to avoid interference to other 25,000 V/m at 3 meters from activate a thermostat but not transmit radio services. disturbance sensors operating in the the desired temperature setting 10. ADEMCO, Cisco, Enalasys, 24.075–24.175 GHz band under § 15.245 information. The rule also prohibits Interlogix, ITI, JCI, Lifeline, Linear and of the rules. These changes will benefit periodic transmissions at regular Mattel all support removing the manufacturers because equipment will predetermined intervals, although one restriction on data transmission by no longer have to meet limits that are transmission of not more than one remote control devices. Enalasys tighter than necessary to control second is permitted once per hour per submits that removing this restriction interference. These changes will not transmitter in a system to verify the will allow manufacturers to make more result in interference to Federal integrity of security transmitters. A flexible and imaginative low power Government operations because there device that is employed for radio remote control devices. JCI states that are currently no such operations in the control purposes during emergencies permitting data transmissions would 48.0–48.5 GHz or 72.0–72.75 GHz bands involving fire, security and safety of life eliminate confusion about that would be adversely affected by may transmit continuously to signal an distinguishing between data and these changes. In addition, there are alarm. The second provision, in recognition codes, which are actually a currently no non-government operations paragraph (e) of this section, allows any form of data. ADEMCO believes that in these bands. We note that there is a type of transmission, including data and permitting data transmissions would pending proceeding that proposes to transmissions at regular periodic enable new products such as change from uplinks to downlinks the intervals. However, the provisions of comprehensive wireless displays. It also Fixed Satellite Service allocation in the this paragraph specify lower field states that the proposed changes would 71–75.5 GHz band and the Mobile strength limits than paragraph (a). In provide for advanced user interfaces, Satellite Service allocation in the 71–74 addition, the provisions of this better control capability, improvements GHz band. We do not expect that the paragraph limit transmissions to no in the installation process, and a higher changes we are adopting would affect more than one second, with a silent level of security to residential and any future operations in the 72.0–72.75 period between transmissions of at least business premises. Lifeline states that GHz band, even if this band were 30 times the duration of the its emergency alert transmitters reallocated for satellite downlinks, transmission, but in no case less than 10 designed for use by persons living alone because the high propagation losses and seconds. The field strength limits for would be more useful if voice and data directivity of signals at these remote control devices specified in transmissions were permitted, because frequencies would significantly paragraphs (a) and (e) are based on the they would be able to transmit medical attenuate unwanted signals at a satellite average value of the measured data such as blood pressure. Lifeline, receive site. We believe that there may emissions. For devices that use pulsed Linear, JCI and Mattel support be additional bands above 38.6 GHz emissions, the field strength is permitting voice transmissions by which need not be designated as determined by averaging over one remote control devices, stating that this restricted because they do not contain complete pulse train, including change would make devices more services that require protection. We are blanking intervals, as long as the pulse useful. JCI and Mattel support continuing our discussions with NTIA train does not exceed 100 milliseconds. permitting video transmissions. Mattel to determine which bands above 38.6 In cases where the pulse train exceeds states that this change would permit GHz should continue to be designated 100 milliseconds, the field strength is devices such as video baby monitors to

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operate at 300 MHz. It also notes that to the Office of Engineering and devices that pose no significant risk of the proposed elimination of the Technology (OET) to waive this harmful interference. We note that the prohibition on radio control toys would requirement at its discretion, although it interference potential of a device is a allow for increased bandwidth and did not suggest any specific standards function of the field strength and multiple receivers needed to permit that should be considered in granting duration of the transmission, rather than racing of several remote control cars. waivers. Interlogix wants the the type of information being sent; and, Mattel believes that harmful Commission to permit devices to we are not changing the field strength or interference is unlikely from such operate with a total of two seconds of transmission timing limits. We decline applications because the devices would polling time per hour, with no limit on to remove the prohibition on voice, be battery operated with low radiated the number of individual transmissions, video and continuous transmissions and radio frequency power. Ademco does because it will allow more useful on the operation of radio control toys as not believe that the Commission should information to be sent, such as the time the Commission proposed in the NPRM. remove the restriction on radio control of entry/exit from a building or the There are already a number of toys because predicted intensive and identity of a person entering or leaving. provisions in part 15 of the rules that repeated use of radio control toys could Interlogix also wants the five second permit voice, video, radio control toys, interrupt security, safety and other vital transmission time permitted by the rules and continuous transmissions in other applications of remote control devices. to be the total transmission time frequency bands, so there is no need to Cisco and ITI state that permitting a excluding the ‘‘off’’ times between establish additional provisions for them limited data stream for remote control pulses, because it claims that the rule under § 15.231(a). On further review, devices would not lead to an increase in was designed to allow five seconds of allowing such operation would in fact interference. Cisco notes that the continuous transmission, so excluding significantly and unnecessarily expand interference potential is a function of the ‘‘off’’ times between pulses would the goal of the NPRM, which was to the field strength levels and allow the same transmission time that allow manufacturers to develop devices transmission duration and not the type the rule originally intended. Interlogix that transmit identification codes, of information being sent. The National also wants professional installers to be supplemented with the transmission of Telecommunications and Information permitted to automatically initiate some additional data. The net result of Administration (NTIA) expresses transmissions longer than five seconds the changes we are adopting is that concern about the Commission’s during the set-up of equipment because operation under § 15.231(a) will proposed changes. It states that under sophisticated systems often require continue to be limited to devices that the proposed rules, systems using voice longer transmissions to initialize them. transmit a control signal, but such and data would proliferate, and that Ademco supports the Interlogix devices will be permitted to transmit because the only timing restriction proposal to allow a total transmission data with the control signal. They will would be to turn off after five seconds, time of two seconds per hour for have to meet the same field strength, some devices could be transmitting polling, but it disagrees with both timing and other operational limits that virtually all the time. It believes that the Interlogix and JCI that the five second currently exist. We believe that these increased transmission time of such time limit for transmissions should be changes adequately address NTIA’s devices as compared to devices that changed. It states that this rule is concerns about harmful interference transmit short-duration control signals effective in ensuring a quiet band and from devices transmitting continuously would increase the likelihood of promotes interference-free operation of because the rules will continue to interference to licensed services. part 15 devices. Ademco disagrees with explicitly prohibit continuous 11. Several parties recommend rule CEA that the duty cycle averaging time transmissions. Furthermore, the changes beyond those proposed in the should be increased to one second, transmission timing and other NPRM. CEA requests that the because it would be contrary to the restrictions in § 15.231(a), which limit Commission allow duty cycle averaging short-burst principal underlying the operation to devices that transmit a over a one second interval instead of the shared used of spectrum by devices control signal and prohibit voice, video 100 millisecond interval currently operating pursuant to the rules. It also and the radio control of toys, will specified in the rules, because this disagrees with Enalasys that higher preclude continuous data transmissions would allow for the longer power should be permitted for devices in any case. No changes are being made transmissions necessary to complete the under the control of trained operators to § 15.231(e) because data setup, synchronization, transmitter because any type of high power transmissions are already permitted identification and sending of a string of operation is incompatible with existing under this section. data. Enalasys wants the Commission to part 15 uses. 13. We decline to allow duty cycle permit devices used only by trained 12. We find that the restriction on averaging over a one second interval as operators to operate with 10 dB higher data transmissions by remote control requested by CEA, rather than over the power than currently permitted. JCI devices in § 15.231(a) should be 100 millisecond interval currently wants the Commission to reevaluate its removed. As noted by the commenting specified in the rules. The requested policy of permitting more rapid duty parties, this change will allow change effectively allows higher signal cycles or continuous operation only manufacturers to make more flexible, strength, which could result in during emergencies involving fire, imaginative and useful remote control increased interference potential of security or safety of life. It states that the devices. It is not practical to prohibit all devices. The current requirement does Commission should permit more rapid data transmissions as NTIA requested. not preclude devices from transmitting duty cycles to report on additional Virtually all modern remote control for more than 100 milliseconds as CEA conditions that might endanger devices transmit a string of bits, and bits implies; it simply specifies the time property, machinery or the operation of representing identification codes are interval for determining the average systems. JCI believes that requiring indistinguishable from bits representing field strength of a device that uses transmissions to cease after five seconds information. Maintaining the pulsed transmission. Allowing an is arbitrary, and believes the prohibition on data transmission average to be calculated over a longer Commission should delegate authority inhibits the development of improved time interval could result in a lower

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value that does not accurately reflect the from the interrogating transmitter. RFID manufacturing of RFID products and interference potential because the systems can operate in a number of allow lower costs due to worldwide average could include blanking intervals frequency bands under part 15. Part 15 commonality of standards. Both TI and between signal bursts that would be currently permits the operation of Philips state that the proposed changes excluded from an average calculated intentional radiators, including RFID would allow higher security, data over a shorter time interval. We also systems, in the 13.553–13.567 MHz transfer rates and read range decline to allow trained operators to use band at a field strength limit of 10,000 performance in RFID applications. HID equipment which operates with a 10 dB µV/m at 3 meters. Emissions outside Corporation believes the proposed higher power than currently permitted, this band must comply with the emission limits are not likely to cause as requested by Enalasys. Such radiated emission limits in § 15.209, interference to other services and will equipment would have a higher which specifies a limit of 30 µV/m at 30 benefit the public by permitting devices potential for interference to other meters for emissions in the 1.705–30 with better performance. It believes that services, and it is unlikely that even a MHz band. the 13.36–13.41 MHz band should be trained operator would have sufficient 16. In the NPRM, the Commission removed from the list of restricted bands information to determine whether proposed to modify the part 15 limits to permit sidebands from devices at harmful interference would occur in a for operation in the 13.553–13.567 MHz 13.553–13.567 MHz to fall in that particular location. We decline to band and the adjacent 13.110–13.553 frequency range. broaden the criteria under which more MHz and 13.567–14.010 MHz bands, as 18. Cubic Corporation (Cubic) states it rapid duty cycles are permitted as requested by National Council for does not support the proposed changes requested by JCI, or to allow setup Information Technology for RFID tags unless a quantitative transmissions longer than 5 seconds as Standardization Technical Committee analysis is provided to show that new requested by Interlogix. JCI and B10 (NCITS B10), to allow the systems will not interfere with existing Interlogix have not shown why the development of RFID tags capable of RFID systems in the band. It states that existing limits are inadequate for the operating uniformly in the United the petition was premised on the idea situations it identified. Finally, we States, Europe and Australia. that RFID tags would not be self- decline to change our requirement for a Specifically, the Commission proposed powered, but new self-powered devices device to cease transmission within five to increase the maximum field strength are being developed that will increase seconds after being activated within the 13.553–13.567 MHz band the noise floor in the band. Both Cubic automatically or after release of a from 10,000 µV/m to 15,848 µV/m at a and Nickolaus E. Leggett state that part control that manually activates it, and distance of 30 meters, to increase the 15 devices should not be permitted to we decline to specify the five second maximum field strength permitted in operate in the 13.36–13.41 MHz radio time as excluding the ‘‘off’’ time the 13.410–13.553 MHz and 13.567– astronomy band because that would between pulses. This requirement to 13.710 MHz bands from 30 to 334 µV/ make it unusable for radio astronomy. cease transmissions within five seconds m at 30 meters, and to increase the TI responds that Cubic has not shown prevents continuous transmissions maximum field strength permitted in that operation of RFID tags under the which could result in interference to the 13.110–13.410 MHz and 13.710– proposed parameters would cause other devices. 14.010 MHz bands from 30 to 106 µV/ interference to other part 15 RFID tags, 14. As recommended by Interlogix m at 30 meters. These are the limits and that the emissions from RFID tags and Ademco, we will permit remote developed by the European would be too low to cause interference control devices to transmit for a Telecommunications Standards Institute to radio astronomy. NTIA states that it maximum of two seconds per hour, (ETSI) for low power devices operating has no objection to operation of RFID instead of the current one second, for in these bands. The Commission further devices in the 13.110–14.010 MHz band, polling the integrity of transmitters used proposed to allow devices operating in which includes the 13.36–13.41 MHz in security or safety applications. The the 13.110–14.010 MHz band to place restricted band, at the emission levels number of individual transmissions will emissions other than spurious emissions proposed in the NPRM. not be limited, provided the total into the 13.36–13.41 MHz restricted 19. We are adopting the changes transmission time does not exceed two band because that band is used at only proposed in the NPRM to increase the seconds per hour. This change will one radio astronomy site in Florida and maximum field strength permitted in allow for increased reliability in alarm NTIA has no objection to allowing the 13.553–13.567 MHz band from systems by permitting systems checks to emissions from RFID devices in this 10,000 to 15,848 µ/m at 30 meters, to be performed at more frequent intervals. restricted band. In addition, the increase the maximum field strength Any increased interference potential as Commission proposed to allow powered permitted in the 13.410–13.553 MHz a result of this change is negligible RFID tags and readers to be approved and 13.567–13.710 MHz bands from 30 because polling transmissions will still together and labeled with a single FCC to 334 µV/m at 30 meters, and to only be permitted for less than one tenth identification number. increase the maximum field strength of one percent of the time. 17. CEA, Chester Piotrowski, permitted in the 13.110–13.410 MHz DataBrokers, Inc. (DataBrokers), Gap, and 13.710–14.010 MHz bands from 30 Radio Frequency Identification Systems Inc., MagTek, Inc., Motorola, NCITS to 106 µV/m at 30 meters. In addition, 15. Radio frequency identification B10, Philips Semiconductor (Philips), we will permit emissions other than (RFID) systems use radio signals to track the Telecommunications Industry spurious emissions in the restricted and identify items such as shipping Association (TIA), and Texas band at 13.36–13.41 MHz. These containers and merchandise in stores. A Instruments (TI) support the proposed changes will allow for improved system typically consists of a tag changes, stating they will allow operation of RFID tags in the 13.56 MHz mounted on the item to be identified, increased range for RFID tags, permit band without adverse consequences to and a transmitter/receiver unit that the development of new types of other devices, and will allow for the interrogates the tag and receives devices, and harmonize the United development of RFID tags that can work identification data back from the tag. States regulations with those of other in both the United States and other The tag may be a self-powered countries. TI states that this rule change countries. As proposed in the NPRM, we transmitter, or it may receive power would simplify the design and also will allow powered RFID tags to be

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approved either as part of a system with complete unit, and the other is for components should state that it was a tag reader under one FCC personal computers assembled from assembled from tested components to identification number, or under separate components that were tested separately assist the Commission in determining FCC identification numbers. Allowing for compliance. Either variation of label the source of, and resolving interference powered tags and readers to be must include the trade name, the that may originate with such devices. approved together will simplify the equipment model number, the FCC logo, IBM requests that we require the filing requirements in cases where the the phrase ‘‘For Home or Office Use’’, statement in § 15.19(a)(3) to appear only devices are always sold together, and and a statement as to whether the in the instruction manual rather than on permitting tags and readers to be complete device was tested for the product to save space, and that the approved separately will provide compliance or whether it was assembled product be labeled with the phrase increased flexibility to manufacturers by from tested components. A compliance ‘‘Class A’’ or ‘‘Class B’’ in place of the permitting the sale of different information statement must be supplied statement. Shure requests that we allow combinations of tags and readers. with equipment authorized through the manufacturers to use externally 20. We disagree with Cubic that an DoC procedure, and this statement must accessible areas such as battery analysis is required to show that new include the name and model number of compartments for labeling because it is systems would not interfere with the product, a statement that the undesirable for labeling on wireless existing RFID systems in the band. equipment complies with part 15 of the microphones to show up on camera, and Cubic has not provided information to rules, and the name, address and because the battery compartment offers indicate that a problem exists telephone number of the party protection from wear and perspiration warranting scrutiny. We note that part responsible for the compliance of the and will be seen when the user replaces 15 devices have no interference product. The compliance information batteries. IBM and ITI request that we protection from other part 15 devices. statement supplied with equipment that codify the accepted practice of allowing Also, because the existing rules for the was assembled from tested components the trade name and model number to be 13.553–13.567 MHz band place no must also identify the components used placed in locations other than the restrictions on the types or lengths of in the assembly. compliance label to avoid using critical transmissions, self-powered tags are 22. In the NPRM, the Commission space for redundant information. CEA already permitted. The rule changes we proposed several changes to simplify requests that we provide sufficient lead are adopting simply provide for an the labeling required on products time for manufacturers to plan and increase in field strength within the authorized through the DoC procedure. implement any labeling changes. 13.553–13.567 MHz band and adjacent It proposed to delete the requirement 24. IBM, ITI and TIA support bands. We disagree with Cubic and that the phrase ‘‘For Home or Office permitting electronic labeling for Nickolaus E. Leggett that emissions from Use’’ appear on the label as unnecessary equipment authorized under the DoC RFID tags should not be permitted in the and because including it requires the procedure in order to reduce costs and 13.36–13.41 MHz restricted band. use of a larger label, which could allow easy re-labeling of equipment. ITI Neither party has provided information become increasingly burdensome as and TIA believe that electronic labeling beyond unsubstantiated allegations that advancements in technology result in should be permitted for equipment there are any radio astronomy smaller and smaller equipment. The authorized under all parts of the rules, operations in this band in the United Commission also proposed to eliminate as an alternative to physical labeling, States that would receive interference the statement on the label that the and IBM believes that electronic from RFID tags. Radio astronomy complete device was tested for labeling should be permitted to display operations in this band in the United compliance in order to further the FCC identification number of States are performed at only a single site streamline the label. However, it transmitters that are installed in laptops in Florida. Further, the proposal was proposed to continue requiring that by selecting the proper pull-down coordinated with the Interdepartment personal computers assembled from menu, similar to what is permitted for Radio Advisory Committee (IRAC), tested components contain a statement software defined radios. which includes the National Science to that effect on their label because that 25. As proposed, we are eliminating Foundation, which represents radio information could assist us in the requirement for the DoC label to astronomy interests. No objections to determining the source of compliance contain the phrase ‘‘For Home or Office the proposed changes were received problems when investigating cases of Use’’ as unnecessary, because the DoC from radio astronomy interests. non-compliant equipment. The procedure is applicable to Class B Commission sought comment on digital devices and other types of Declaration of Conformity (DoC) whether electronic labeling should be equipment that can be used anywhere. Labeling permitted for devices authorized under This change will simplify the labeling 21. Declaration of Conformity (DoC) is the DoC procedure, and if so, the requirements and permit smaller labels an equipment authorization procedure appropriate method for electronically on equipment. We are also eliminating in which the manufacturer or other labeling equipment such as computers as unnecessary the requirement for the responsible party has the equipment that are authorized through the DoC DoC label to state if the complete device tested for compliance at a laboratory procedure. was tested for compliance. We will accredited to make the required 23. CEA, Cisco, IBM, ITI, Motorola, continue to require the DoC label on measurements. If an accredited Shure, Uniden and TIA all support the computers assembled from tested laboratory finds that the equipment proposed simplification of the DoC components to state that they were complies with the applicable rules, it labeling requirements, stating that the assembled from tested components, may be marketed without an approval changes will allow smaller labels on because that information could assist from the Commission. Equipment equipment. CEA, Cisco and Motorola the Commission in determining the authorized through the DoC procedure agree that the phrase ‘‘For Home or source of compliance problems with must be labeled as specified in § 15.19 Office Use’’ is not necessary on the label such devices. It will be presumed that of the rules, which provides two because Class B devices can be used the complete device was tested for variations of the DoC label. One is for anywhere. Cisco agrees that the label on compliance unless the label states equipment tested for compliance as a a computer assembled from tested otherwise. We believe that the vast

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majority of equipment subject to DoC is Test Procedure for Unlicensed PCS burdensome and unnecessary. tested as a complete unit rather than Equipment AdvaMed, Cisco, Linear, Polhemus and assembled from tested components. 28. In the NPRM, the Commission Uniden argue that such low-powered Therefore, this action will allow labels proposed to incorporate into our rules devices have a low potential for to be further streamlined on the majority by reference American National interference. TRP and AdvaMed state of devices subject to this procedure. Standards Institute (ANSI) C63.17–1998 that signals 40 dB below the part 15 Because this change is deregulatory in as the procedure it will use for testing limit are below the ambient noise level nature and requires no new information unlicensed Personal Communication and are difficult to measure. TRP to be added to labels, no transition Service (PCS) equipment. This believes that devices operating below period is necessary. Responsible parties procedure was developed by the ANSI 490 kHz that are battery operated with may continue to use labels that were C63 Committee specifically for testing a self-contained antenna of much less designed to meet the old requirements unlicensed PCS equipment for than a wavelength should be exempted as long as they wish and may change to compliance with the requirements in from any kind of equipment the simplified labels at their part 15 of the rules. authorization if all emissions are at least convenience. 40 dB below the limit. It also believes 26. We decline to limit the 29. CEA, Cisco and Motorola support the use of the C63.17–1998 procedure that devices that have emissions less appearance of the statement required by than 40 dB below the limit and that § 15.19(a)(3) to the instruction manual, for testing unlicensed PCS equipment. CEA and Motorola state that this connect to the AC power lines should be as requested by IBM. This statement subject to verification, rather than advises users that operation of the procedure will help ensure that equipment complies with the exempted, because they have a equipment is subject to the conditions somewhat higher potential for that it not cause harmful interference Commission’s rules. Cisco states that it was developed by qualified industry interference. TRP states that compliance and that it must accept any interference by low-powered devices can be received, including interference that experts. We find that ANSI C63.17–1998 provides detailed guidance that will determined by mathematical calculation may cause undesired operation. We and that open field testing is not believe that many users may be unaware assist manufacturers in measuring unlicensed PCS devices to ensure that necessary. However, ITI believes that of this requirement for part 15 devices, devices must be tested to show they are so this statement provides useful they comply with the requirements in our rules. Accordingly, we are at least 40 dB below the limit. It states information to users. In addition, that once a device is tested, the § 15.19(a)(5) already contains a incorporating this procedure into the rules by reference as the procedure we additional burden imposed by provision that permits the label to be verification is minor in nature. Wacom placed in the instruction manual in will use for testing unlicensed PCS equipment under part 15 of the rules. recommends that the upper frequency cases where a device is so small that it range of devices to be exempted should is not practicable to place the statement Approval of Very Low-Powered Devices be 1705 kHz instead of 490 kHz, so that on the device. We decline to change the devices can use higher frequencies to rules as requested by ITI and IBM to 30. Part 15 currently requires all intentional radiators to be certified, avoid interference from computer specify that the trade name and model monitors. TIA states that the 490 kHz number do not have to appear on the regardless of how low an operating power they use. Certification requires cutoff is too restrictive, and believes that DoC label if they appear elsewhere on the Commission should also eliminate the equipment, because we already the manufacturer to have the equipment the certification requirement for 2.4 GHz permit placement of this information tested for compliance, then file an Bluetooth transmitters operating with elsewhere on the equipment when application and wait for approval before less than 1 mW of power because they necessary. Therefore, there is no need the equipment can be marketed. In the must already go through a rigorous for the recommended rule change. NPRM, the Commission proposed to private sector certification process for Likewise, labeling for a device may be exempt intentional radiators operating industry acceptance. placed inside a battery compartment below 490 kHz from certification if the when necessary, so there is no need for maximum field strength emitted is more 32. We find that requiring a rule change. than 40 dB below the applicable part 15 certification for intentional radiators 27. We decline to permit electronic limits. As an alternative, the operating below 490 kHz that have all labeling of equipment subject to DoC or Commission sought comment on emissions at least 40 dB below the limit for any other equipment except software whether such devices should be subject is an unnecessary burden on defined radios. The rules currently to verification rather than exempted manufacturers because the interference permit electronic labeling for software from any form of equipment potential of such equipment is defined radios because there is authorization. Verification simply extremely low. Instead, we will require sometimes a need for a third party to requires the manufacturer to have the such equipment to be authorized change the identification number of a equipment tested and to retain certain through the verification procedure, thus radio in the field when changes are information on file. No application eliminating the need for manufacturers made to the software that affect the filing is required for verification and the to file an application and wait for an device’s operating frequency, equipment may be sold as soon as it is approval before marketing their modulation type or maximum output found to comply. The Commission equipment. Under the verification power. This permits the identification stated that the interference potential of procedure, manufacturers may show number to be changed without physical such devices appears to be extremely that all emissions are at least 40 dB re-labeling of a radio. None of the low, and that requiring certification below the limit through testing. We comments in this proceeding have seems to be an unnecessary burden on recognize, however, that because of the shown that there is a similar need for us manufacturers. low signal levels involved, it may be to allow this capability in equipment 31. The comments support difficult to even detect such emissions subject to DoC or in any other eliminating the certification with conventional measurement equipment besides software defined requirement for very low-powered equipment. As an alternative to actual radios. intentional radiators, arguing that it is measurements, we will allow

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manufacturers instead to demonstrate already be certificated by private sector access because Internet access is not through calculations or other analysis Telecommunication Certification limited, and because manufacturers can that all emissions from their equipment Bodies. and do provide contact information for will be at least 40 dB below the limit. consumers who desire to obtain Information to the User We find that it is necessary for manuals and warning statements by manufacturers to make a determination 34. Part 15 requires certain traditional means. IBM and ITI believe that a device complies with the information to be included in the that information should be allowed to emission limits to prevent harmful instruction manual, including a be made available over the Internet only interference to authorized services, and statement that unauthorized if that is the sole method through which to retain records to demonstrate modifications to a device could void the the user manual is supplied and the compliance with the limits. The user’s authority to operate it. In equipment will be used with Internet verification procedure is the most addition, the manual for a digital device access. IBM requests that the proposed appropriate means to ensure that must include a warning of the potential changes also apply to § 15.27(a), which manufacturers make the necessary for interference to other devices and a requires a statement in the user’s determination of compliance and list of some steps that could possibly manual when special accessories are maintain records of this determination. eliminate the interference. In the NPRM, required for a device to comply with the the Commission proposed to permit 33. We decline to expand this rules. Nickolaus E. Leggett and Steven manufacturers to provide this type of decision to exempt from certification Bryant stated that allowing instruction information in the instruction manual in manuals to be provided over the equipment used in bands above 490 whatever form the manual is supplied. kHz. Wacom provided only assertions Internet alone should not be permitted This could be on paper, a computer because many households have slow and no specific technical information to disk, a CD–ROM or over the Internet. demonstrate that there would be Internet access or no Internet access at The Commission noted that while the all. interference problems from computer rules originally envisioned that this monitors to low-power transmitters information would be included in a 36. As proposed, we will permit the operating below 490 kHz. In addition paper instruction manual, the warning statements required by part 15 we believe that the higher level of Commission has permitted this warning to be placed in the instruction manual oversight of certification is necessary at information to be provided by when the manual is provided in formats this time to protect the marine distress alternative means, such as a CD–ROM. other than paper, such as on a computer band at 495–505 kHz and the AM It sought comment on whether Internet- disk or over the Internet. This change broadcast band at 535–1705 kHz from delivered manuals create accessibility will provide increased flexibility to interference caused by non-compliant problems for consumers without manufacturers and will result in cost equipment. We decline to exempt Internet access or for groups of savings to the industry. As ITI notes, intentional radiators from authorization consumers for whom obtaining Internet allowing alternative means of accessing if they are battery operated and all access is difficult. The Commission also information could enhance access to the radiated emissions are more than 40 dB sought comment on whether allowing disabled community because computers below the part 15 limits, as requested by important information to be delivered could ‘‘read’’ information to the user or TRP. As noted previously, we find that only over the Internet would result in magnify it for easier viewing. However, verification is the appropriate means to certain consumers having insufficient we recognize that some persons do not ensure that manufacturers make the access to information, and on whether have access to a computer or the necessary determination of equipment allowing warnings to be delivered Internet, so such persons would not compliance and maintain records of this exclusively online would result in a have the capability of reading determination. We decline to permit significant reduction in the number of instruction manuals in alternative intentional radiators operating above consumers who receive the warnings. forms. Therefore, we will allow warning 490 kHz that have emissions less than 35. Linear supports the proposed statements to be provided in alterative 40 dB below the limit to be authorized change to the user manual requirements forms only when the instruction manual through verification procedure, rather because it should make no difference if is provided in the same alternative form than the current certification procedure. the manuals are printed on paper, on a and the user can reasonably be expected As TRP noted, such equipment has a CD–ROM or available over the Internet. to have the capability to access higher potential to cause interference, so ITI states that providing warnings and information in that form. For example, we find that the higher level of oversight information statements in the same form warning statements may be provided in of certification is necessary. We also as the user manual will result in cost a manual on a CD–ROM or other type decline to exempt other types of devices savings to the industry. It believes that of computer disk when no paper manual such as Bluetooth transmitters from allowing alternative means of accessing is provided, and the equipment either certification as TIA requested, because information could enhance access to the has the capability of reading the disk or such equipment has a significantly disabled community because computers is used with equipment that is capable higher potential for causing interference could ‘‘read’’ information to the user or of reading the disk. Warning statements than other low power intentional magnify it for easier viewing. CEA, may be provided in a manual on the radiators that we are permitting to be Motorola and TIA support providing Internet only when the manual is verified, so we find that the higher level flexibility for manufacturers to provide provided solely over the Internet and of oversight of certification is information by paper, disk, CD–ROM or the equipment will be used with appropriate for such equipment. TIA the Internet, but believe that user Internet access. We believe that these has not provided information to show warning information pertaining to safety requirements will help ensure that the that the private sector certification aspects of equipment should be required part 15 warning statements are procedure it cites is comparable to our in hard copy form that can be retained accessible to all persons using a given certification procedure for because not all users will have access to device. We are also making this change demonstrating compliance with the a computer or the Internet. Cisco states applicable to § 15.27(a) as requested by rules. We also note that Bluetooth there is no reason to believe that IBM, because that section lists devices operating under 1 mW can permitting online delivery will limit information that must be included in

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the instruction manual. We note that the availability of more recent industry configuration of the equipment under Commission’s Laboratory sometimes documents, or that needed other minor test, but does not contain any significant requires manufacturers to provide revisions. The following is a summary changes from C63.4–1992 that will information in the instruction manual of the proposed changes: affect measurement results. As advising users that equipment must be • Section 15.31 Measurement proposed, we will exclude the use of operated at a minimum distance from standards: remove references to section 8.2.2 of C63.4–2001 concerning the body to comply with the RF safety measurement procedures that are no rod antennas because we have found guidelines in the rules. We will allow longer used, correct the Commission’s that calibrated loop antennas provide such statements to be provided in the mailing address, update the reference to more accurate and repeatable field same manner as the part 15 warning reflect the new ANSI C63.4–2001 strength measurements below 30 MHz. statements. If the instruction manual is measurement procedure and clarify the Referencing the new procedure is provided in an alternative format, type of antenna used for radiated necessary because the C63.4–1992 manufacturers can provide the RF safety measurements below 30 MHz. procedure referenced in our rules is no statements information in hard copy • Section 15.118 Cable ready longer available from the Institute of form if they choose, but we will not consumer electronics equipment: correct Electrical and Electronics Engineers require them to do so. the Commission’s mailing address. (IEEE) Standards Department. We do not • Section 15.120 Program blocking accept the recommendation of Retlif and Emission Limits Above 2 GHz technology requirements for television ACIL not to reference C63.4–2001 in the 37. While the Commission did not receivers: correct the Commission’s rules. C63.4–2001 has gone through the propose any changes to the general mailing address. ANSI review process and has been • radiated emission limits in part 15 of Section 15.255 Operation in the adopted as an ANSI standard. We the rules or to the radiated emission band 59.0–64.0 GHz: correct the decline to specify the use of the CISPR limits that apply outside the Industrial, wording in paragraph (b)(5) from 22 measurement procedure as an Scientific and Medical (ISM) bands ‘‘emission limits’’ to ‘‘emission levels’’. alternative to the C63.4 procedure as under part 18 of the rules, several 39. CEA, IBM, Motorola and TIA requested by IBM. We support the parties filed comments recommending support these proposals to update and concept of a single compliance test for changes to these limits. ITI states that it correct the rules. ITI and Cisco support equipment. In this case, though, there may be appropriate to increase the part referencing the C63.4–2001 are differences between the two 15 limits in steps above 6 GHz, 10.5 measurement procedure in place of the procedures and it has not been shown GHz and 15 GHz, but did not C63.4–1992 measurement procedure that the procedures produce equivalent recommend specific limits. Linear currently referenced in the rules. They measurement results. For example, the believes that the current part 15 limit of also request that we exclude the use of CISPR 22 procedure specifies the use of 500 µV/m at 3 meters above 960 MHz section 8.2.2 of C63.4, which permits ferrite clamps on some cables on the should increase by 3 dB for every measurements of radiated emissions equipment under test, while the C63.4 doubling of frequency. Sirius Satellite below 30 MHz to be made with a rod procedure does not. We will consider Radio, Inc. (Sirius) requests that we antenna, because the Commission and the possibility of recognizing the CISPR reduce the current part 15 and 18 limits Telecommunication Certification Bodies 22 procedure as an alternative to the to 8.6 µV/m at 3 meters in the satellite only accept measurements made with a C63.4 procedure, as well as the digital audio radio service (SDARS) calibrated loop antenna. Retlif and ACIL possibility of accepting the CISPR 22 band. XM Radio, Inc. (XM) requests that oppose the use of the C63.4–2001 limits for intentional radiators, at a later we establish a limit in the SDARS band measurement procedure, stating that time. of 18 µV/m at 3 meters for part 15, 18 there will be no consistent application and 95 devices operating exclusively in of the new standard for many years Family Radio Service Equipment vehicles, and a limit of 8.6 µV/m at 3 because there were wide differences in Measurements. meters for such devices operating in all interpretation of the standard within the 41. In the NPRM, the Commission other environments. Intersil and committee that approved it. IBM proposed to require that carrier Motorola oppose Sirius’ and XM’s suggests that we permit use of the CISPR frequency tolerance measurements for recommended emission limits in the 22 measurement procedure below 1 GHz Family Radio Service (FRS) transmitters SDARS bands, disputing the as an alternative to the C63.4 procedure be made over the temperature range of methodology used to arrive at the to eliminate the potential for dual – 20 °C to +50 °C rather than ¥30 °C recommended limits. Because the testing of products worldwide. IBM also to +50 °C. This proposal was intended Notice did not include proposals for any suggests that we adopt the CISPR 22 to correct an inadvertent conflict changes to the general radiated emission emission limits as alternatives to our AC between the rules and existing limits for equipment operating under power line and radiated emission limits Commission measurement practices that parts 15, 18 or other parts of the rules, for intentional radiators in §§ 15.207 arose when the Commission streamlined we find that the requests made by ITI and 15.209 of the rules. IBM states this the equipment authorization procedures and Linear to raise the emission limits could eliminate multiple testing of in 1998. above 960 MHz are outside the scope of computers that contain transmitters 42. Cobra Electronics Corporation this proceeding. Likewise, we find that because our rules permit computers, but (Cobra) and Uniden America the requests by XM and Sirius for tighter not transmitters, to be tested for Corporation (Uniden) support the emission limits in the SDARS band are compliance with the CISPR 22 limits, so proposed change. Uniden states that also outside the scope of this multiple tests may be required for one measurements should be required only proceeding. device. to ¥20 °C, because years of experience 40. We are adopting the changes we with radios tested to this temperature Additional Changes to Part 15 proposed to update and correct the show that no adverse consequences 38. In the NPRM, the Commission rules, including referencing the C63.4– have been observed in the real world. proposed additional changes to part 15 2001 measurement procedure. C63.4– Cobra states that millions of FRS units of the rules to modify rule sections that 2001 provides clarifications to the have been produced that were tested to needed to be updated to reflect the measurement procedure and ¥20 °C with no reported difficulties

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from the users of the radio, so the rules accreditations are recognized by the facility descriptions, the information should be amended to reflect the Commission. submitted by the accrediting temperature range over which 45. CEA, Cisco, IBM, Motorola and organization must also include an FCC measurements have been required. TIA support eliminating the Registration Number (FRN), which is 43. We find that ¥20 °C to +50 °C is requirement for accredited laboratories required for all organizations doing the appropriate temperature range for to file a description of their business with the Commission, and a which frequency stability measurements measurement facilities with the ‘‘yes/no’’ indication as to whether the should be made on FRS transmitters. Commission. These parties state that it laboratory will perform testing on a FRS is a very short distance voice is unnecessary for this information to be contract basis. This will reduce the communication service intended for filed with the Commission because it burden on accredited laboratories by facilitating family and group activities, has already been filed with the eliminating the need for them to file and we do not expect that FRS accrediting organization. However, duplicate information with the equipment would be used frequently at Retlif Testing Laboratories (Retlif) and Commission and an accrediting temperatures below ¥20 °C (¥4 °F). the American Council for Independent organization. The relatively low power of this Laboratories (ACIL) oppose removing 47. We disagree with Retlif and ACIL equipment means that there would not this requirement, stating the change that this change would significantly be a significant risk of interference even would add costs for the accredited increase costs for laboratories. if the carrier frequency were to drift out laboratory because the accredited Accrediting organizations already have of tolerance below ¥20 °C. We note that laboratory would have to pay for the the information that we need in their the ¥20 °C to +50 °C temperature range accrediting organization to file this records, and the Commission has is consistent with the requirements in information with the Commission. CEA, developed an electronic system that part 15 for low power transmitters that Cisco, ITI, Motorola and TIA support these organizations can use to quickly require frequency stability the proposed criteria for recognizing the and easily transmit the information to accreditations of laboratories outside the us. Further, accrediting organizations measurements. Finally, as Uniden and United States. Cisco states that the currently submit certain information Cobra stated, many FRS transmitters change would be an enormous benefit about the laboratories they have have been approved and marketed that for companies participating in the global accredited in paper form to the have been tested to only ¥20 °C, and marketplace. ITI states that the proposed Commission, and we do not expect that there have been no apparent problems. change would simplify the conditions a change from paper filing to electronic Accordingly, we are requiring the under which an accredited laboratory filing of this information will result in frequency tolerance of FRS transmitters may be accredited for testing to any increase in accreditation costs. We to be measured over the temperature Commission requirements and would be are not mandating accreditation for range of ¥20 °C to +50 °C, as proposed. an improvement in the process of laboratories, and laboratories that are Accreditation of Test Laboratories obtaining approval to use foreign not accredited may continue to use the laboratories for testing for a DoC. IBM current procedure for filing test site 44. In the NPRM, the Commission and ITI recommend that we recognize description information with the proposed that a test laboratory that has the accreditation of foreign laboratories Commission to be placed on our test site been accredited by an organization by National Institute of Standards and list. recognized by the Commission would Technology National Voluntary 48. We also are adopting the criteria no longer have to file a description of Laboratory Accreditation Program (NIST we proposed for accepting the its measurement facilities with the NVLAP) or the American Association accreditation of laboratories located Commission, provided the accrediting for Laboratory Accreditation (A2LA). outside the United States, which are organization submitted certain They also believe that the language in that the laboratory has been accredited information about the laboratory to the the rules should reference by a foreign authority and recognized by Commission. The information that ‘‘measurement facilities’’ rather than the Commission under the terms of a would have to be submitted would be ‘‘open field sites’’ so as not to preclude government-to-government Mutual the laboratory name, address, contact the use of semi-anechoic chambers for Recognition Agreement or Arrangement, information, scope of accreditation, date testing. or that the laboratory has been of accreditation, and the date by which 46. We are adopting our proposal to accredited by an organization whose the accreditation must be renewed. This not require accredited laboratories to accreditations are recognized by the proposal was intended to reduce the file a description of their measurement Commission. These changes will burden on laboratories by eliminating facilities with us, provided the simplify the conditions for accepting the the need for them to file duplicate accrediting organization has submitted accreditation of foreign laboratories by information with both the Commission certain information about the eliminating the prohibition on foreign and an accrediting organization. The laboratories to the Commission. This accreditors accrediting laboratories Commission also proposed to clarify the information must include the laboratory outside their own country. The current conditions for recognizing the name, address (both the test site address rules already permit NVLAP and A2LA accreditation of laboratories outside the and company mailing address), contact to accredit laboratories outside the United States. Specifically, laboratories information, the accrediting United States, so there is no need for us outside the United States would be organization’s name, its designation to make a change to permit this as recognized by the Commission if one of number for the laboratory and the date requested by IBM and ITI. These the following two conditions are met: by which the accreditation must be changes address the concerns raised by (1) The laboratory has been designated renewed. In addition, the name of the ITI in its petition for reconsideration by a foreign authority and recognized by MRA must be provided for accredited filed in ET Docket 95–19, so we are in the Commission under the terms of a laboratories outside of the United States effect granting that petition. We agree government-to-government Mutual designated under the terms of a with IBM and ITI that the rules should Recognition Agreement or Arrangement government-to-government MRA. reference ‘‘measurement facilities’’ (MRA); or (2) the laboratory has been Consistent with the current rather than ‘‘open field sites’’ so as not accredited by an organization whose requirements for filing measurement to preclude the use of semi-anechoic

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chambers for testing, and the rules we Changes to Part 90 were published in the Federal Register. are adopting reflect that 52. In the NPRM, the Commission Specifically, we are correcting the field recommendation. proposed to correct an error in strength units of measurement to read ‘‘µV/m’’, rather than ‘‘µ/m’’ and ‘‘µm’’ as Additional Changes to Part 2 § 90.203(k) of the rules concerning the certification requirements for equipment they currently appear in the rules. 49. In the NPRM, the Commission used in the Private Land Mobile Radio Because these are editorial changes, proposed to make additional changes to Service (PLMRS). Specifically, the they can be made without notice and part 2 of the rules to modify sections Commission proposed to delete the comment. that need to be updated to reflect the requirement that PLMRS transmitters in Final Regulatory Flexibility Analysis. availability of more recent industry the 220 MHz band comply with 55. As required by the Regulatory documents, or that needed other minor minimum standards for spectral 1 revisions. We received comments Flexibility Act (RFA), an Initial efficiency that was erroneously in this Regulatory Flexibility Analysis (IRFA) supporting the proposals and are section. This error occurred when a adopting the following changes. was incorporated in the Notice of summary of the Report and Order in ET Proposed Rule Making and Order, • Section 2.202 Bandwidths: add Docket No. 97–94 streamlining the Review of Part 15 and other Parts of the entries to the table of necessary equipment authorization processes was Commission’s Rules (NPRM).2 The bandwidth calculations in paragraph (g) published in the Federal Register. This Commission sought written public for newer digital modulation types. Report and Order modified § 90.203(k) comments on the proposals in the • Section 2.948 Description of by changing the term ‘‘type acceptance’’ Notice, including comment on the measurement facilities: remove to ‘‘certification’’ throughout, but made IRFA.3 This Final Regulatory Flexibility references to expired transition dates no changes to the rest of the section. For Analysis conforms to the RFA.4 and obsolete measurement procedures, clarity, the rule appendix in the Report A. Need for, and Objectives of, the update references to reflect the and Order showed the entire text of this Second Report and Order and availability of the new ANSI C63.4– paragraph as revised. Subsequent to the Memorandum Opinion and Order 2001 measurement procedure, and to adoption of the Report and Order, the correct the Commission’s mailing Commission adopted a Memorandum 56. Section 11 of the Communications address. Opinion and Order in a separate Act of 1934, as amended, and section proceeding that also revised § 90.203(k). 202(h) of the Telecommunications Act • Section 2.1033 Application for In that action, the Commission removed of 1996 require the Commission (1) to certification: re-designate paragraph the requirement for part 90 transmitters review biennially its regulations 2.1033(c)(17) on composite devices as operating in the 220 MHz band to pertaining to telecommunications paragraph 2.1033(d) to correct a comply with spectral efficiency service providers and broadcast numbering error. requirements. While the Memorandum ownership; and (2) to determine • Sections 2.1061 through 2.1065 Opinion and Order was adopted and whether economic competition has Filing for Application Reference: remove released after the Report and Order, a made those regulations no longer this procedure because it is not used. summary of it was published in the necessary in the public interest. The 50. In addition to these changes, we Federal Register before the summary of Commission is directed to modify or are adding the heading the Report and Order. Therefore, when repeal any such regulations that it finds ‘‘Telecommunication Certification the Report and Order was published in are no longer in the public interest. Bodies (TCBs)’’ prior to § 2.960 of the the Federal Register, the spectral 57. As part of the biennial review for rules. This change clarifies that the efficiency requirement that was deleted the year 2000, the Commission reviewed subsequent sections refer to the by the Memorandum Opinion and Order its regulations pertaining to requirements for TCBs, and are not part was inadvertently placed back in the telecommunications service providers of the requirements for verification, rules. and broadcast ownership and which is the last heading prior to 53. On May 23, 2001, M/A-COM recommended a number of changes to § 2.960. Because this is an editorial Private Radio Systems, Inc. (M/A-COM) those rules. While not specifically change, it can be made without notice filed a Petition for Declaratory Ruling, required by statute, the Commission and comment. requesting that we clarify that the also reviewed parts 2, 15 and 18 as part spectral efficiency requirement should of this process. Changes to Part 18 no longer be in § 90.203(k) of the rules. 58. The Second Report and Order and 51. In the NPRM, the Commission M/A-COM notes that this section is Memorandum Opinion and Order proposed to delete certain rule sections incorrect because of the two rule making makes several changes to part 15 and in part 18 that appear to be unnecessary. items adopted by the Commission that other parts of the rules. Specifically, it: We received no comments opposing were published in the Federal Register (1) Relaxes the restricted band these proposals, and remain convinced out of sequence. We are correcting this emission limits for the second and third of their propriety. We are therefore section by deleting the spectral harmonics of low-power transmitters adopting the following changes. efficiency requirement that was operating in the 24.0–24.25 GHz band. • removed by the Memorandum Opinion Section 18.103 Organization and 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et applicability of the rules: remove and Order, and are therefore in effect granting M/A-COM’s petition. seq., has been amended by the Contract With because it duplicates the table of America Advancement Act of 1996, Public Law contents for part 18. Changes to Part 95 104–121, 110 Stat. 847 (1996) (CWAAA). Title II of • the CWAAA is the Small Business Regulatory Section 18.105 Other applicable 54. Section 95.1115(b) specifies the Enforcement Fairness Act of 1996 (SBREFA). rules: remove because it provides little out-of-band field strength limits for 2 See Notice of Proposed Rule Making and Order information and is not necessary. transmitters operating in the Wireless in ET Docket No. 01–278, 16 FCC Rcd 18205 (2001). • 3 Id. Section 18.119 Importation: remove Medical Telemetry Service. We are 4 See 5 U.S.C. 604. We also note that, given the because it duplicates portions of the correcting two typographical errors in deregulatory nature of our action, we may certify rules in part 2. this section that arose when the rules this action under 5 U.S.C. 605.

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(2) Removes the restriction on data 61. The SBA has developed small personal computers to be assembled transmissions by remote control device business size standards for two using compliant motherboards and because it may hinder the development pertinent Economic Census categories, power supplies with no additional of new types of devices, and the ‘‘Radio and Television Broadcasting and testing required. Equipment that distinction between control signals and Communications Equipment’’ (RTB) and complies with the applicable rules may data signals is becoming increasingly ‘‘Other Communications Equipment,’’ be marketed without an approval from blurred. both of which consist of all such the Commission, and must be labeled as (3) Relaxes the requirements for radio companies having 750 or fewer specified in part 15 of the rules. The frequency identification (RFID) systems employees.9 According to Census Second Report and Order and operating at 13.56 MHz to allow faster Bureau data for 1997, there were a total Memorandum Opinion and Order data transmission. RFID systems use a of 1,215 establishments in the first eliminates the requirement for the small transmitter attached to an item category, total, that had operated for the phrase ‘‘For home or office use’’ to that transmits data identifying the item. entire year.10 Of this total, 1,150 had appear on the label for all equipment (4) Streamlines the labeling process 499 or fewer employees, and an subject to DoC. In addition, it eliminates for equipment authorized under the additional 37 establishments had 500 to the requirement for the phrase ‘‘Tested Declaration of Conformity (DoC) 999 employees.11 Consequently, we to comply with FCC standards’’ to procedure. As equipment becomes estimate that the majority of businesses appear on the label for equipment that smaller, it becomes more difficult to in the first category are small businesses was tested as a complete unit, although include all the information currently that may be affected by the rules and this phrase will still be required on required on the label. policies adopted herein. Concerning the personal computers that were assembled (5) Changes the authorization second category, the data for 1997 show from tested components. These changes requirement from certification to that there were a total of 499 will permit smaller labels on verification (no application required) for establishments that operated for the equipment. These changes will not be transmitters operating below 490 kHz in entire year.12 Of this total, 491 had 499 required, and small entities can change which all emissions are at least 40 dB or fewer employees, and an additional labels as they change and upgrade below the part 15 limit. 3 establishments had 500 to 999 models. (6) Make minor corrections and employees.13 Consequently, we estimate 63. The Second Report and Order and updates to part 15 and other parts of the that the majority of businesses in the Memorandum Opinion and Order rules. second category are small businesses incorporates the ANSI C63.17–1998 B. Summary of Significant Issues Raised that may be affected by the rules and procedure into the part 15 of the rules by Public Comments in Response to the policies adopted herein. by reference as the procedure the IRFA D. Description of Projected Reporting, Commission will use for testing unlicensed Personal Communication 59. None. Recordkeeping, and Other Compliance Requirements Service (PCS) equipment for C. Description and Estimate of the compliance. Our rules already provide Number of Small Entities to Which the 62. The Second Report and Order and that unlicensed PCS equipment must Rules Will Apply Memorandum Opinion and Order comply with a number of specialized streamlines the labeling requirements technical requirements designed to 60. The RFA directs agencies to for equipment authorized under the prevent interference between devices. provide a description of and, where Declaration of Conformity (DoC) Specifically, there is a defined feasible, an estimate of the number of procedure. DoC is a self-approval ‘‘spectrum etiquette’’ that requires small entities that may be affected by procedure in which the manufacturer unlicensed PCS transmitters to monitor the proposed rules, if adopted.5 The has the equipment tested for compliance the spectrum for other users before RFA generally defines the term ‘‘small at a laboratory accredited to make the transmitting, and to use a defined entity’’ as having the same meaning as required measurements. There is an transmission format. There was no the terms ‘‘small business,’’ ‘‘small alternative procedure that allows procedure listed in the rules for testing organization,’’ and ‘‘small governmental 6 unlicensed PCS equipment to these jurisdiction.’’ In addition, the term 9 13 CFR 121.201, NAICS codes 334220, 334290. requirements. The American National ‘‘small business’’ has the same meaning 10 U.S. Census Bureau, 1997 Economic Census, Standards Institute (ANSI) C63 as the term ‘‘small business concern’’ Industry Series: Manufacturing, Radio and Committee recently completed work on under the Small Business Act.7 A small Television and Wireless Communications Equipment Manufacturing, ‘‘Industry Statistics by a procedure for measuring unlicensed business concern is one which: (1) Is Employment Size: 1997,’’ Table 4, NAICS code PCS equipment, which the Second independently owned and operated; (2) 334220 (issued Aug. 1999). The number of Report and Order incorporates into the is not dominant in its field of operation; ‘‘establishments’’ is a less helpful indicator of small rules as the procedure that the and (3) satisfies any additional criteria business prevalence in this context than would be the number of ‘‘firms’’ or ‘‘companies,’’ because the Commission will use. established by the SBA.8 latter take into account the concept of common 64. Part 15 referenced the ANSI ownership or control. Any single physical business 5 5 U.S.C. 604. location is an establishment, and that location and C63.4–1992 procedure as the one that 6 5 U.S.C. 601(6). others may be under the common ownership of a will be used for testing most intentional 7 5 U.S.C. 601(3) (incorporating by reference the given firm. Thus, the numbers given in text may and unintentional radiators for definition of ‘‘small business concern’’ in 15 U.S.C. reflect inflated numbers of businesses in this compliance with the rules. The ANSI category, including the numbers of small 632). Pursuant to the RFA, the statutory definition C63 Committee recently completed a of a small business applies ‘‘unless an agency, after businesses. Census data in this context are available consultation with the Office of Advocacy of the only for establishments. minor revision of the ANSI C63.4–1992 Small Business Administration and after 11 Id. procedure that contains a number of opportunity for public comment, establishes one or 12 U.S. Census Bureau, 1997 Economic Census, clarifications to the testing procedures. more definitions of such term which are Industry Series: Manufacturing, Other The Second Report and Order and appropriate to the activities of the agency and Communications Equipment Manufacturing, publishes such definition(s) in the Federal ‘‘Industry Statistics by Employment Size: 1997,’’ Memorandum Opinion and Order Register.’’ 5 U.S.C. 601(3). Table 4, NAICS code 334290 (issued Sept. 1999). references the new C63.4–2001 8 Small Business Act, 15 U.S.C. 632 (1996). 13 Id. procedure in place of the older version

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as the procedure that manufacturers 67. As noted in section D, supra, the amended, 47 U.S.C. 154(i), 301, 302, should use for compliance testing. changes adopted in the Second Report 303(e), 303(f) and 303(r), the petition for 65. The Second Report and Order and and Order and Memorandum Opinion declaratory ruling filed by M/A–COM Memorandum Opinion and Order and Order are deregulatory in nature, Private Radio Systems, Inc. on May 23, changes the temperature range for which we expect will simplify 2001, is granted to the extent indicated frequency stability measurements on compliance and reporting requirements herein. for all parties, particularly small transmitters used in the Family Radio List of Subjects Service (FRS) under part 95 of the rules. entities. For example, we reduced the Most transmitters used in licensed amount of information required on the 47 CFR Part 2 services are required to maintain their label for products authorized through the Declaration of Conformity self- Communications equipment, carrier frequency within a specified Incorporation by reference, Radio. tolerance over a range of voltage and approval process. Manufacturers will be temperature variations to minimize the permitted to use the simplified label as 47 CFR Part 15 probability of interference to other soon as the rules become effective, but are not required to do so. Communications equipment, users. At the time the FRS was Computer technology, Incorporation by established in 1996, a frequency 68. Report to Congress: The Commission will send a copy of the reference, Labeling, Radio, Reporting stability limit was specified for and recordkeeping requirements. transmitters, but no temperature range Second Report and Order and was specified. The Commission staff Memorandum Opinion and Order, 47 CFR Part 18 informally interpreted that including this FRFA, in a report to be sent to Congress pursuant to the Radio, Reporting and recordkeeping measurements must be made to –20 requirements. degrees centigrade. A 1998 rule change Congressional Review Act, see 5 U.S.C. to the equipment authorization 801(a)(1)(A). In addition, the 47 CFR Part 90 Commission will send a copy of the requirements unintentionally resulted Communications equipment, Radio. in a new requirement to measure FRS Second Report and Order and transmitters to –30 degrees centigrade. Memorandum Opinion and Order, 47 CFR Part 95 However, the staff continued requiring including FRFA, to the Chief Counsel for Advocacy of the Small Business Communications equipment, Radio, measurements to –20 degrees centigrade Administration. Reporting and recordkeeping in the interest of fairness. To clarify our requirements. existing practice, the Second Report and Ordering Clauses Federal Communications Commission. Order and Memorandum Opinion and 69. Pursuant to the authority Marlene H. Dortch, Order specifically requires that FRS contained in sections 4(i), 301, 302, transmitters be measured to –20 degree 303(e), 303(f) and 303(r) of the Secretary. centigrade as the staff has been Communications Act of 1934, as Rule Changes requiring since 1996. amended, 47 U.S.C. Sections 154(i), 301, ■ E. Steps Taken To Minimize Significant 302, 303(e), 303(f) and 303(r), this For the reasons set forth in the Economic Impact on Small Entities, and Second Report and Order and preamble, the Federal Communications Significant Alternatives Considered Memorandum Opinion and Order is Commission amends 47 CFR parts 2, 15, adopted and parts 2, 15, 18, 90 and 95 18, 90 and 95 to read as follows: 66. The RFA requires an agency to of the Commission’s Rules are amended describe any significant alternatives that effective January 8, 2004. PART 2—FREQUENCY ALLOCATIONS it has considered in reaching its 70. Pursuant to the authority AND RADIO TREATY MATTERS; proposed approach, which may include contained in sections 4(i), 301, 302, GENERAL RULES AND REGULATIONS the following four alternatives (among 303(e), 303(f) and 303(r) of the ■ 1. The authority citation for part 2 others): (1) The establishment of Communications Act of 1934, as continues to read as follows: differing compliance or reporting amended, 47 U.S.C. 154(i), 301, 302, requirements or timetables that take into 303(e), 303(f) and 303(r), the petition for Authority: 47 U.S.C. 154, 302a, 303 and account the resources available to small reconsideration filed by the Information 336, unless otherwise noted. entities; (2) the clarification, Technology Institute in ET Docket No. ■ 2. Section 2.202 is amended by adding consolidation, or simplification of 95–19 on September 3, 1997, is granted seven entries to the end of the table in compliance or reporting requirements to the extent indicated herein. ET paragraph (g) to read as follows: under the rule for small entities; (3) the Docket No. 95–19 is terminated. use of performance, rather than design, 71. Pursuant to the authority § 2.202 Bandwidths. standards; and (4) an exemption from contained in sections 4(i), 301, 302, * * * * * coverage of the rule, or any part thereof, 303(e), 303(f) and 303(r) of the (g) Table of necessary bandwidths. for small entities.14 Communications Act of 1934, as ***

Necessary bandwidth Description of emission Designation Formula Sample calculation of emission

******* Radio-relay system ...... Bn = 2K/t ...... Pulse position modulated by 36 voice channel baseband: pulse 8M00M7E 6 K=1.6 ...... width at half amplitude 0.4 µS; Bn = 8 × 10 Hz = 8 MHz (Band- width independent of the number of voice channels).

14 See 5 U.S.C. 603(c).

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Necessary bandwidth Description of emission Designation Formula Sample calculation of emission

Composite transmission digital Bn = 2RK/log2S ...... Digital modulation used to send 5 megabits per second by use of 5M00K7 modulation using DSBÐAM amplitude modulation of the main carrier with 4 signaling states. 6 (Microwave radio relay system). R = 5 × 10 bits per second; K = 1; S = 4; Bn = 5 MHz ...... Binary Frequency Shift Keying .... (0.03 < 2D/R < 1.0); .. Digital modulation used to send 1 megabit per second by frequency 2M80F1D Bn = 3.86D + 0.27R .. shift keying with 2 signaling states and 0.75 MHz peak deviation (1.0 < 2D/R <2) ...... of the carrier. 6 6 Bn = 2.4D + 1.0R ...... R = 1 × 10 bps; D = 0.75 × 10 Hz; Bn = 2.8 MHz ...... Multilevel Frequency Shift Keying Bn = (R/log2S) + 2DK Digital modulation to send 10 megabits per second by use of fre- 9M00F7D quency shift keying with four signaling states and 2 MHz peak deviation of the main carrier. 6 R = 10 × 10 bps; D = 2 MHz; K = 1; S = 4; Bn = 9 MHz ...... Phase Shift Keying ...... Bn = 2RK/log2S ...... Digital modulation used to send 10 megabits per second by use of 10M0G7D phase shift keying with 4 signaling states. R = 10 × 10 6 bps; K = 1; S = 4; B\n\ = 10 MHz ...... Quadrature Amplitude Modulation Bn = 2R/log2S ...... 64 QAM used to send 135 Mbps has the same necessary band- 45M0W (QAM). width as 64ÐPSK used to send 135 Mbps;. 6 R = 135 × 10 bps; S = 64; Bn = 45 MHz ...... Minimum Shift Keying ...... 2-ary: ...... Digital modulation used to send 2 megabits per second using 2-ary 2M36G1D Bn = R(1.18) ...... minimum shift keying. 6 4-ary: ...... R = 2.36 × 10 bps; Bn = 2.36 MHz ...... Bn = R(2.34) ......

■ 3. Section 2.948 is amended by (vii) For laboratories outside the Office of Engineering and Technology revising paragraphs (a)(2), (a)(3), (b)(8) United States, the name of the mutual (Room 7–B144), Washington, DC 20554, and (d) and adding paragraph (e) to read recognition agreement or arrangement (ii) Federal Communications as follows. under which the accreditation of the Commission Laboratory, 7435 Oakland laboratory is recognized. § 2.948 Description of measurement Mills Road, Columbia, MD 21046, or (3) If the equipment is to be facilities. (iii) Office of the Federal Register, 800 authorized under the Declaration of North Capitol Street, NW., suite 700, (a) * * * Conformity procedure, the laboratory (2) If the equipment is to be Washington, DC. making the measurements must be authorized by the Commission under accredited in accordance with * * * * * the certification procedure, the paragraph (d) of this section. (d) A laboratory that has been description of the measurement accredited with a scope covering the facilities shall be filed with the (b) * * * required measurements shall be deemed Commission’s Laboratory in Columbia, (8) For a measurement facility that competent to test and submit test data Maryland. The data describing the will be used for testing radiated for equipment subject to verification, measurement facilities need only be emissions, a plot of site attenuation data DoC and certification. Such a laboratory filed once but must be updated as taken pursuant to the procedures shall be accredited by an approved changes are made to the measurement contained in Sections 5.4.6 through 5.5 accreditation organization based on the facilities or as otherwise described in of the following procedure: American International Organization for this section. At least every three years, National Standards Institute (ANSI) Standardization/International the organization responsible for filing C63.4–2001, entitled ‘‘American Electrotechnical Commission (ISO/IEC) the data with the Commission shall National Standard for Methods of Standard 17025, ‘‘General Requirements certify that the data on file is current. A Measurement of Radio-Noise Emissions for the Competence of Calibration and laboratory that has been accredited in from Low-Voltage Electrical and Testing Laboratories.’’ The organization accordance with paragraph (d) of this Electronic Equipment in the Range of 9 accrediting the laboratory must be section is not required to file a kHz to 40 GHz’’ published by the approved by the Commission’s Office of description of its facilities with the American National Standards Institute Engineering and Technology, as Commission’s laboratory, provided the on June 22, 2001 as document number indicated in § 0.241 of this chapter, to accrediting organization (or designating SH94908. This incorporation by perform such accreditation based on authority in the case of foreign reference was approved by the Director ISO/IEC 58, ‘‘Calibration and Testing laboratories) submits the following of the Federal Register in accordance Laboratory Accreditation Systems— information to the Commission’s with 5 U.S.C. 552(a) and 1 CFR part 51. General Requirements for Operation and laboratory: Copies of C63.4–2001 may be obtained Recognition.’’ The frequency for (i) Laboratory name, location of test from: IEEE Customer Service, P.O. Box revalidation of the test site and the site(s), mailing address and contact 1331, Piscataway, NJ 08855–1331, or information that is required to be filed, information; UPS only IEEE Customer Service, 445 or retained by the testing party shall (ii) Name of accrediting organization; Hoes Lane, Piscataway, NJ 08854; (iii) Date of expiration of telephone 1–800–678–4333 or +1–732– comply with the requirements accreditation; 981–0600 (outside the United States and established by the accrediting (iv) Designation number; Canada). Copies of ANSI C63.4–2001 organization. However, in all cases, test (v) FCC Registration Number (FRN); may be inspected at the following site revalidation shall occur on an (vi) A statement as to whether or not locations: interval not to exceed two years. the laboratory performs testing on a (i) Federal Communications (e) The accreditation of a laboratory contract basis; Commission, 445 12th Street, SW., located outside of the United States, or

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its possessions, will be acceptable only ■ 6. Section 2.1055 is amended by ■ 7. The undesignated center heading under one of the following conditions: revising paragraph (a)(2) to read as ‘‘FILING FOR APPLICATION (1) If the accredited laboratory has follows: REFERENCE’’ before § 2.1061 is been designated by a foreign designating removed. authority and recognized by the § 2.1055 Measurements required: Frequency stability. §§ 2.1061 through 2.1065 [Removed] Commission under the terms of a government-to-government Mutual (a) * * * ■ 8. Sections 2.1061 through 2.1065 are removed. Recognition Agreement/Arrangement; or (2) From ¥20° to +50° centigrade for (2) If the laboratory has been equipment to be licensed for use in the recognized by the Commission as being PART 15—RADIO FREQUENCY Maritime Services under part 80 of this DEVICES accredited by an organization that has chapter, except for Class A, B, and S entered into an arrangement between Emergency Position Indicating ■ 9.The authority citation for part 15 accrediting organizations and the Radiobeacons (EPIRBS), and equipment continues to read as follows: arrangement has been recognized by the to be licensed for use above 952 MHz at Commission. Authority: 47 U.S.C. 154, 302, 303, 304, operational fixed stations in all services, 307, 336 and 544A. ■ 4. The following undesignated center stations in the Local Television ■ 10. Section 15.19 is amended by heading is inserted before § 2.960 to read Transmission Service and Point-to-Point revising paragraphs (b)(1)(i) and (b)(1)(ii) as follows: ‘‘Telecommunication Microwave Radio Service under part 21 to read as follows: Certification Bodies (TCBs)’’. of this chapter, equipment licensed for * * * * * use aboard aircraft in the Aviation § 15.19 Labeling requirements. Services under part 87 of this chapter, * * * * * § 2.1033 [Amended] and equipment authorized for use in the (b) * * * ■ 5. Section 2.1033 is amended by Family Radio Service under part 95 of (1) * * * redesignating paragraph (c)(17) as this chapter. (i) If the product is authorized based paragraph (e). * * * * * on testing of the product or system; or

(ii) If a personal computer is separately authorized components, in and the resulting product is not authorized based on assembly using accordance with § 15.101(c)(2) or (c)(3), separately tested:

* * * * * ■ 12. Section 15.27 is amended by ■ 13. Section 15.31 is amended by adding the following sentence to the end revising paragraph (a) to read as follows: ■ 11. Section 15.21 is amended by of paragraph (a) to read as follows: adding the following sentence to the end § 15.31 Measurement standards. of the section to read as follows: § 15.27 Special accessories. (a) The following measurement § 15.21 Information to user. (a) * * * In cases where the manual procedures are used by the Commission is provided only in a form other than to determine compliance with the * * * In cases where the manual is paper, such as on a computer disk or technical requirements in this part. provided only in a form other than over the Internet, the information Except where noted, copies of these paper, such as on a computer disk or required by this section may be procedures are available from the over the Internet, the information included in the manual in that Commission’s current duplicating required by this section may be alternative form, provided the user can contractor whose name and address are included in the manual in that reasonably be expected to have the available from the Commission’s alternative form, provided the user can capability to access information in that Consumer and Governmental Affairs reasonably be expected to have the form. Bureau at 1–888–CALL–FCC (1–888– capability to access information in that 225–5322). form. * * * * *

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(1) FCC/OET MP–2: Measurement of included in the manual in that (b) Within the bands 13.410–13.553 UHF Noise Figures of TV Receivers. alternative form, provided the user can MHz and 13.567–13.710 MHz, the field (2) Unlicensed Personal reasonably be expected to have the strength of any emissions shall not Communication Service (UPCS) devices capability to access information in that exceed 334 microvolts/meter at 30 are to be measured for compliance using form. meters. ANSI C63.17–1998: ‘‘Methods of (c) Within the bands 13.110–13.410 Measurement of the Electromagnetic § 15.118 [Amended] MHz and 13.710–14.010 MHz the field and Operational Compatibility of ■ 16. Section 15.118(b) is amended by strength of any emissions shall not Unlicensed Personal Communications removing ‘‘1919 M Street, NW., Dockets exceed 106 microvolts/meter at 30 Services (UPCS) Devices’’, (incorporated Branch (Room 239),’’ and adding in its meters. by reference, see § 15.38). This place, ‘‘445 12th Street, SW.,’’ (d) The field strength of any emissions incorporation by reference was appearing outside of the 13.110–14.010 approved by the Director of the Federal § 15.120 [Amended] MHz band shall not exceed the general Register in accordance with 5 U.S.C. ■ 17. Section 15.120(d) is amended by radiated emission limits in § 15.209. 552(a) and 1 CFR part 51. removing ‘‘2000 M Street, NW, (e) The frequency tolerance of the (3) Other intentional and Technical Information Center (Suite carrier signal shall be maintained within unintentional radiators are to be 230),’’ and adding in its place, ‘‘445 12th +/¥0.01% of the operating frequency measured for compliance using the Street, SW., ’’ over a temperature variation of ¥20 following procedure excluding sections ■ 18. Section 15.201 is amended by degrees to +50 degrees C at normal 4.1, 5.2, 5.7, 9 and 14: ANSI C63.4– revising paragraph (a) to read as follows: supply voltage, and for a variation in the 2001: ‘‘Methods of Measurement of primary supply voltage from 85% to § 15.201 Equipment authorization 115% of the rated supply voltage at a Radio-Noise Emissions from Low- requirement. Voltage Electrical and Electronic temperature of 20 degrees C. For battery Equipment in the Range of 9 kHz to 40 (a) Intentional radiators operated as operated equipment, the equipment GHz’’ (incorporated by reference, see carrier current systems, devices tests shall be performed using a new § 15.38). This incorporation by reference operated under the provisions of battery. was approved by the Director of the §§ 15.211, 15.213, and 15.221, and (f) In the case of radio frequency Federal Register in accordance with 5 devices operating below 490 kHz in powered tags designed to operate with U.S.C. 552(a) and 1 CFR part 51. which all emissions are at least 40 dB a device authorized under this section, below the limits in § 15.209 shall be the tag may be approved with the device Note to Paragraph (a)(3): Digital devices verified pursuant to the procedures in or be considered as a separate device tested to show compliance with the Subpart J of part 2 of this chapter prior subject to its own authorization. provisions of §§ 15.107(e) and 15.109(g) must to marketing. Powered tags approved with a device be tested following the ANSI C63.4 procedure described in paragraph (a)(3) of * * * * * under a single application shall be this section. ■ 19. Section 15.205 is amended by labeled with the same identification adding paragraphs (d)(7), (d)(8) and number as the device. * * * * * (d)(9) to read as follows: ■ 21. Section 15.231 is amended by ■ 14. Section 15.38 is amended by revising paragraphs (a) introductory text revising paragraph (b)(6) and adding § 15.205 Restricted bands of operation. and (a)(3) to read as follows: paragraph (b)(12) to read as follows: * * * * * (d) * * * § 15.231 Periodic operation in the band § 15.38 Incorporation by reference. (7) Devices operated pursuant to 40.66—40.70 MHz and above 70 MHz. * * * * * § 15.225 are exempt from complying (a) The provisions of this section are (b) * * * with this section for the 13.36–13.41 restricted to periodic operation within (6) ANSI C63.4—2001: ‘‘Methods of MHz band only. the band 40.66–40.70 MHz and above 70 Measurement of Radio-Noise Emissions (8) Devices operated in the 24.075– MHz. Except as shown in paragraph (e) from Low-Voltage Electrical and 24.175 GHz band under § 15.245 are of this section, the intentional radiator Electronic Equipment in the Range of 9 exempt from complying with the is restricted to the transmission of a kHz to 40 GHz’’, 2001, IBR approved for requirements of this section for the control signal such as those used with § 15.31, except for sections 4.1, 5.2, 5.7, 48.15–48.35 GHz and 72.225–72.525 alarm systems, door openers, remote 9 and 14. GHz bands only, and shall not exceed switches, etc. Continuous transmissions, * * * * * the limits specified in § 15.245(b). voice, video and the radio control of (12) ANSI C63.17–1998: ‘‘Methods of (9) Devices operated in the 24.0–24.25 toys are not permitted. Data is permitted Measurement of the Electromagnetic GHz band under § 15.249 are exempt to be sent with a control signal. The and Operational Compatibility of from complying with the requirements following conditions shall be met to Unlicensed Personal Communications of this section for the 48.0–48.5 GHz comply with the provisions for this Services (UPCS) Devices’’, 1998, IBR and 72.0–72.75 GHz bands only, and periodic operation: approved for § 15.31. shall not exceed the limits specified in * * * * * * * * * * § 15.249(a). (3) Periodic transmissions at regular ■ 15. Section 15.105 is amended by * * * * * predetermined intervals are not adding paragraph (e) to read as follows: ■ 20. Section 15.225 is revised to read as permitted. However, polling or follows. supervision transmissions, including § 15.105 Information to the user. data, to determine system integrity of * * * * * § 15.225 Operation within the band 13.110– transmitters used in security or safety (e) In cases where the manual is 14.010 MHz. applications are allowed if the total provided only in a form other than (a) The field strength of any emissions duration of transmissions does not paper, such as on a computer disk or within the band 13.553–13.567 MHz exceed more than two seconds per hour over the Internet, the information shall not exceed 15,848 microvolts/ for each transmitter. There is no limit on required by this section may be meter at 30 meters. the number of individual transmissions,

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provided the total transmission time Authority: Sections 4(i), 11, 303(g), 303(r), ACTION: Final rule. does not exceed two seconds per hour. and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, SUMMARY: In response to a Notice of * * * * * 303(g), 303(r), 332(c)(7). ■ 22. Section 15.245 is amended by Proposed Rulemaking, 67 FR 71925 ■ 29. Section 90.203 is amended by revising paragraph (b)(1)(i) and the first (December 3, 2002) this document revising paragraph (k) to read as follows: sentence of paragraph (b)(1)(iii) to read grants a petition for rulemaking filed by as follows: § 90.203 Certification required. Charles Crawford proposing the allotment of Channel 283A at Encino, § 15.245 Operation within the bands 902– * * * * * Texas, as the community’s first local (k) For transmitters operating on 928 MHz, 2435–2465 MHz, 5785–5815 MHz, transmission service. Channel 283A is frequencies in the 220–222 MHz band, 10500–10550 MHz, and 24075–24175 MHz. allotted at Encino, Texas, with a site certification will only be granted for * * * * * restriction of 6.4 kilometers (4.0 miles) equipment with channel bandwidths up (b) * * * west of the community. Coordinates for to 5 kHz, except that certification will (1) * * * Channel 283A at Encino, Texas are 26– be granted for equipment operating on (i) For the second and third 55–42 NL and 98–11–56 WL . Since this 220–222 MHz band Channels 1 through harmonics of field disturbance sensors proposal is within 320 kilometers (199 160 (220.0025 through 220.7975/ operating in the 24075–24175 MHz miles) of the U.S.-Mexico border, 221.0025 through 221.7975), 171 band and for other field disturbance concurrence of the Mexican government through 180 (220.8525 through sensors designed for use only within a to the proposed allotment has been 220.8975/221.8525 through 221.8975), building or to open building doors, 25.0 requested but not received. Operation and 186 through 200 (220.9275 through mV/m. with the facilities specified for Encino is 220.9975/221.9275 through 221.9975) subject to modification, suspension, or * * * * * with channel bandwidths greater than 5 termination without right to hearing, if (iii) Field disturbance sensors kHz. designed to be used in motor vehicles or found by the Commission to be * * * * * aircraft must include features to prevent necessary in order to conform to the 1992 USA-Mexico FM Broadcast continuous operation unless their PART 95—PERSONAL RADIO Agreement or if specifically objected to emissions in the restricted bands, other SERVICES than the second and third harmonics by Mexico. ■ from devices operating in the 24075– 30. The authority citation for part 95 DATES: Effective January 8, 2004. 24175 MHz band, fully comply with the continues to read as follows: FOR FURTHER INFORMATION CONTACT: limits given in § 15.209. * * * Authority: Secs. 4, 303, 48 Stat. 1066, 1082 * * * * * as amended, 47 U.S.C. 154, 303. Victoria M. McCauley, Media Bureau, (202) 418–2180. ■ 23. Section 15.255 is amended by ■ 31. Section 95.1115 is amended by revising paragraph (b)(5) to read as revising paragraphs (b)(1) and (b)(2) to SUPPLEMENTARY INFORMATION: This is a follows: read as follows: synopsis of the Commission’s Report and Order, MB Docket No. 02–314, § 15.255 Operation within the band 57–64 § 95.1115 General technical requirements. adopted November 14, 2003, and GHz. * * * * * released November 17, 2003. The full * * * * * (b) * * * text of this Commission decision is (b) * * * (1) Out-of-band emissions below 960 available for inspection and copying (5) The average emission levels shall MHz are limited to 200 microvolts/ during normal business hours in the be calculated, based on the measured meter, as measured at a distance of 3 FCC Reference Center (Room 239), 445 peak levels, over the actual time period meters, using measuring 12th Street, SW., Washington, DC. This during which transmission occurs. instrumentation with a CISPR quasi- document may also be purchased from * * * * * peak detector. the Commission’s duplicating (2) Out-of-band emissions above 960 contractor, Qualex International, Portals PART 18—INDUSTRIAL, SCIENTIFIC, MHz are limited to 500 microvolts/ II, 445 12th Street, SW., Room CY–B402, AND MEDICAL EQUIPMENT meter as measured at a distance of 3 Washington, DC, 20554, telephone 202– meters, using measuring equipment 863–2893, facsimile 202–863–2898, or ■ 24. The authority citation for part 18 with an averaging detector and a 1 MHz via e-mail [email protected]. continues to read as follows: measurement bandwidth. Authority: 47 U.S.C. 4, 301, 302, 303, 304, * * * * * List of Subjects in 47 CFR Part 73 307. [FR Doc. 03–30314 Filed 12–8–03; 8:45 am] Radio, Radio broadcasting. BILLING CODE 6712–01–P § 18.103 [Removed] ■ Part 73 of title 47 of the Code of Federal ■ 25. Section 18.103 is removed. Regulations is amended as follows: § 18.105 [Removed] FEDERAL COMMUNICATIONS COMMISSION PART 73—RADIO BROADCAST ■ 26. Section 18.105 is removed. SERVICES 47 CFR Part 73 § 18.119 [Removed] ■ 1. The authority citation for part 73 [DA 03–3649; MB Docket No. 02–341; RM– ■ continues to read as follows: 27. Section 18.119 is removed. 10594] Authority: 47 U.S.C. 154, 303, 334, and PART 90—PRIVATE LAND MOBILE Radio Broadcasting Services; Encino, 336. RADIO SERVICES TX ■ 2. Section 73.202(b), the Table of FM ■ 28. The authority citation for part 90 AGENCY: Federal Communications Allotments under Texas, is amended by continues to read as follows: Commission. adding Encino, Channel 283A.

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Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 03–30440 Filed 12–8–03; 8:45 am] BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 68, No. 236

Tuesday, December 9, 2003

This section of the FEDERAL REGISTER E-mail comments to: [email protected]. If that the boards recognized by the NRC contains notices to the public of the proposed you do not receive a reply e-mail would meet, or could make adjustments issuance of rules and regulations. The confirming that we have received your to meet, the new requirements purpose of these notices is to give interested comments, contact us directly at (301) established by that rulemaking persons an opportunity to participate in the 415–1966. You may also submit governing recognition of specialty rule making prior to the adoption of the final rules. comments on this proposed rule, as well boards by the NRC and that these boards as the draft Regulatory Analysis, via the would continue to be recognized by NRC’s rulemaking Web site at http:// NRC. However, when applications for NUCLEAR REGULATORY ruleforum.llnl.gov. Address questions recognition were received, the NRC staff COMMISSION about our rulemaking Web site to Carol determined that, except for one board, Gallagher (301) 415–5905; e-mail the boards did not meet all the 10 CFR Part 35 [email protected]. requirements specified in the final rule. Hand deliver comments to: 11555 Specifically, the boards’ certification RIN 3150–AH19 Rockville Pike, Rockville, Maryland programs failed to meet the 20852, between 7:30 a.m. and 4:15 p.m. requirements in the final rule regarding Medical Use of Byproduct Material— on Federal workdays (telephone (301) preceptor certification and work Recognition of Specialty Boards 415–1966). experience. The only board that Fax comments to: Secretary, U.S. currently meets the revised AGENCY: Nuclear Regulatory Nuclear Regulatory Commission at (301) requirements is the Certification Board Commission. 415–1101. of Nuclear Cardiology (CBNC) because it ACTION: Proposed rule. Publicly available documents related developed its certification program to this rulemaking may be examined based on the final rule. The NRC staff SUMMARY: The Nuclear Regulatory and copied for a fee at the NRC’s Public held several discussions with the boards Commission (NRC) is proposing to Document Room (PDR), Public File Area to determine whether the boards would amend its regulations governing the O1 F21, One White Flint North, 11555 modify their certification processes to medical use of byproduct material to Rockville Pike, Rockville, Maryland. meet all the requirements specified in change its requirements for recognition Selected documents, including the rule. With the exception of the of specialty boards whose certifications comments, can be viewed and CBNC, no board indicated that it would may be used to demonstrate the downloaded electronically via the NRC modify its certification process. adequacy of the training and experience rulemaking Web site at http:// The current regulations in 10 CFR of individuals to serve as radiation ruleforum.llnl.gov. part 35 offer three pathways for safety officers, authorized medical Publicly available documents created individuals to satisfy training and physicists, authorized nuclear or received at the NRC after November experience (T&E) requirements to be pharmacists or authorized users. The 1, 1999, are available electronically at approved as a radiation safety officer proposed rule would also revise the the NRC’s Electronic Reading Room at (RSO), authorized medical physicist requirements for demonstrating the http://www.nrc.gov/NRC/ADAMS/ (AMP), authorized nuclear pharmacist adequacy of training and experience for index.html. From this site, the public (ANP), or authorized user (AU). These pathways other than the board can gain entry into the NRC’s pathways are: (1) Approval of an certification pathway. This rulemaking Agencywide Document Access and individual who is certified by a is necessary to address the training and Management System (ADAMS), which specialty board whose certification has experience issue for recognition of provides text and image files of NRC’s been recognized by the NRC or an specialty board certifications. public documents. If you do not have Agreement State as meeting the NRC’s DATES: The comment period expires access to ADAMS or if there are requirements for training and February 23, 2004. Comments received problems in accessing the documents experience (a ‘‘recognized board’’); (2) after this date will be considered if it is located in ADAMS, contact the PDR approval based on an evaluation of an practical to do so, but the NRC can only Reference staff at 1–800–397–4209, 301– individual’s training and experience; or assure consideration for comments 415–4737 or by e-mail to [email protected]. (3) identification of an individual’s received on or before this date. FOR FURTHER INFORMATION CONTACT: approval on an existing NRC or ADDRESSES: You may submit comments Roger W. Broseus, Office of Nuclear Agreement State license. For the sake of by any one of the following methods. Material Safety and Safeguards, Mail this discussion, pathway (1) will be Please refer to RIN 3150–AH19 in the Stop T9 C24, U.S. Nuclear Regulatory referred to as the certification pathway, subject line of your comments. Commission, Washington, DC 20555– and pathway (2) as the alternate Comments on rulemakings submitted in 0001; telephone (301) 415–7608, e-mail pathway. For example, in § 35.50, the writing or in electronic form will be [email protected]. proposed criteria for meeting training made available to the public in their SUPPLEMENTARY INFORMATION: and experience requirements for the entirety on the NRC rulemaking web certification pathway (1) appear in site. Personal information will not be Background § 35.50(a); those for the alternate removed from your comments. During development of revised 10 pathway (2) appear in § 35.50(b); and Mail comments to: Secretary, U.S. CFR part 35, published as a proposed those for pathway (3) appear in Nuclear Regulatory Commission, rule on August 13, 1998 (63 FR 43516), § 35.50(c). Washington, DC 20555–0001, Attn: and as a final rule on April 24, 2002 (67 On February 19, 2002, in a briefing of Rulemakings and Adjudications Staff. FR 20249), there was a general belief the Commission, the Advisory

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Committee on Medical Uses of Isotopes develop options for addressing the requirements for T&E and have achieved (ACMUI) expressed concern about training and experience issue. The a level of competency sufficient to requirements for T&E in the revised 10 intent is to have this new rule in place function independently (see, e.g., CFR part 35, approved by the before the end of the 2-year transition § 35.50(b)(2)). For the sake of Commission on October 23, 2000 (SRM– period. discussion, this certification will be SECY–00–0118). The ACMUI was The issue in question concerns the referred to herein as a preceptor concerned that if the requirements for requirements in the rule governing the statement. (The term ‘‘preceptor’’ is recognition of specialty board recognition of specialty boards by the defined in § 35.2.) The Commission certifications were to become effective NRC. These requirements are located in directed that a list of recognized boards as drafted, there could be potential the current regulations at 10 CFR 35.50, be posted on the NRC’s web site, that shortages of individuals qualified to 35.51, 35.55, 35.190, 35.290, 35.390, the preceptor statement remain as serve as RSOs, AMPs, ANPs and AUs. 35.392, 35.394, 35.490, 35.590, and written in the current regulations The ACMUI indicated that, without 35.690. (published April 24, 2002), and that the changes to the requirements for T&E in The ACMUI formed a subcommittee staff should clarify that the preceptor the final rule approved by the to develop recommendations on the language does not require an attestation Commission in October 2000, the boards training and experience issue. A public of general clinical competency, but does would no longer be qualified for subcommittee meeting was held on June require sufficient attestation to recognition by NRC and, therefore, a 21, 2002, at NRC headquarters in demonstrate that the candidate has the board’s future diplomates could no Rockville, Maryland. Representatives knowledge to fulfill the duties of the longer be approved as RSOs, AMPs, from 13 boards, associations, and position for which certification is ANPs or AUs. societies participated in the meeting. In sought. This form of attestation should The ACMUI also expressed the addition, 8 boards and societies be preserved both for the certification concern that the boards might be provided written comments to the pathway and the alternate pathway. ‘‘marginalized.’’ Specifically, under the ACMUI subcommittee on its The ACMUI briefed the Commission draft final rule, to gain approval via the recommendations. After considering the on May 28, 2003, and members certification pathway, a candidate for comments from the meeting and letters, conveyed their views regarding the certification would have been required the subcommittee developed final Commission’s direction to NRC staff, to meet all of the requirements in the recommendations and submitted them relating to preceptor statements, in alternate pathway, thereby imposing to the ACMUI for consideration. SRM–02–0194. The Commission more requirements, beyond those The ACMUI full committee discussed subsequently issued an SRM on June 20, already required by boards, on the subcommittee’s recommendations in 2003 (SRM–M030528B). This SRM candidates using the certification a public teleconference meeting on July directed that the staff continue its pathway for approval. The extra 8, 2002. Members of the public and development of a proposed rule to requirements of concern to the ACMUI, representatives from the Society of modify the training and experience incorporated from the alternate pathway Nuclear Medicine participated in the requirements in 10 CFR part 35, with by reference, include a specification for teleconference. The ACMUI approved appropriate interactions with the length-of-training as well as obtaining a the recommendations of the ACMUI, so that the revised rule can be written certification signed by a subcommittee and submitted them in a in place as promptly as possible. The preceptor. Taken together with other report to the NRC on August 1, 2002. NRC staff met with the ACMUI via requirements of boards, such as The report provided a rationale for the teleconference on July 17, 2003, to requiring candidates for certification to recommendations accompanied by further discuss the ACMUI’s comments take written and/or oral examinations, suggested rule language. The NRC staff on the proposed rule. This meeting was the concern was that candidates seeking presented three options to the noticed in the Federal Register on July approval might bypass the board Commission in a Commission paper, 14, 2003 (68 FR 41665). certification pathway and select the SECY–02–0194, dated October 30, 2002, During the teleconference with the alternate pathway. which included the recommendations of ACMUI, conducted on July 17, 2003, the Based on these concerns, the ACMUI the ACMUI at Attachment 2. The three ACMUI members continued to voice urged the Commission to implement options were: Option (1) retain the concern about having recognition of measures to address the training and existing requirements in the current board certifications conditioned on experience issues associated with regulations; Option (2) prepare a requiring candidates for certification to recognition of specialty boards by the proposed rule to modify training and obtain written attestation of competency NRC in the draft final rule and to find experience requirements based on the signed by a preceptor. The ACMUI a permanent solution after publication recommendations submitted by the recommended that if the Commission of the final rule. Subsequently, the NRC ACMUI; and, Option (3) the same as still maintained that it was necessary to modified the final rule by reinserting Option 2 with a minor modification include a preceptor statement for all subpart J (as contained in the proposed (i.e., listing all specialty boards authorized positions named in 10 CFR rule) for a 2-year transition period. recognized by NRC on the NRC’s Web part 35, this requirement would be Subpart J provides for continuing site rather than, as recommended by the separated from the criteria for recognition of the specialty boards listed ACMUI, listing some boards in the recognition of board certifications, as therein during the transition period. The regulation and others on the Web site). well as the alternative pathway. final rule was published in the Federal In SRM–02–0194 dated February 12, Agreement State representatives Register on April 24, 2002 (67 FR 2003, the Commission approved Option participated in the teleconference and 20249), and became effective on October 3, directing the NRC staff to prepare a agreed with this recommendation. In a 24, 2002. As specified in § 35.10(c), the proposed rule based on the ACMUI’s letter, dated July 23, 2003, Dr. Manuel 2-year transition period ends on October recommendations with certain Cerqueira, Chair of the ACMUI, restated 24, 2004. In a Staff Requirements exceptions. Current regulations in 10 the ACMUI’s recommendation that the Memorandum (SRM–COMSECY–02– CFR part 35 require that individuals requirements for a preceptor statement 0014) dated April 16, 2002, the obtain a written certification that they be removed from the certification Commission directed the NRC staff to have satisfactorily completed pathway; however, if the Commission

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still believed it necessary to include a certification. The NRC believes that training and/or supervised experience preceptor statement for all ‘‘authorized board certification has been and will under the supervision of a medical positions’’ named in 10 CFR part 35, the continue to be essential for physicians, physicist certified by a specialty board ACMUI recommended that this including AUs, to practice medicine. recognized by the NRC or an Agreement requirement be separated from the board While health physicists, medical State, or in clinical radiation facilities certification pathway and that it be physicists, nuclear pharmacists and providing high energy, external beam specified separately as a new paragraph physicians can serve in the respective therapy and brachtherapy services in each training section. In SRM–03– categories of RSO, AMP, ANP and AU under the direct supervision of 0145, issued on October 9, 2003, the by satisfying T&E requirements under physicians who meet the requirements Commission approved the the alternate pathway, the NRC also for AUs in §§ 35.400 or 35.600 or under recommendation of the ACMUI that the believes that individuals who would supervision of a certified medical requirement for a preceptor statement be have sought certification are likely to physicist in clinical radiation facilities. removed from the requirements for continue to do so because certifications This T&E would help ensure that recognition of specialty board are useful to individuals for reasons candidates have the level of knowledge certifications. The Commission also other than satisfying requirements in 10 necessary to fulfill the duties of an indicated it should be clear in the CFR part 35, e.g., measuring areas of AMP. proposed rule language that a preceptor competence that go beyond regulatory The requirement that boards must statement is required regardless of requirements established under the have candidates for certification obtain which training pathway is chosen. Atomic Energy Act. Furthermore, some a preceptor statement as a condition for State agencies now require that Discussion NRC recognition of certifications would individuals be certified by specialty be removed in the proposed rule; The principal changes proposed to 10 boards before they can practice in some however, individuals would still be CFR part 35 involve revising the criteria specialties, e.g., as medical physicists required to obtain preceptor statements for recognizing the certifications of and nuclear pharmacists. and licensees would be required to specialty boards. These changes relate to The NRC is seeking public comment submit them to the NRC (broad scope, the requirements for training and on specific issues related to this type A licensees would be exempt from experience (T&E) that boards would proposed rule (see the section entitled this requirement as provided under place on candidates seeking board ‘‘Invitation for Public Comment on § 35.15(d)). This would be an addition certification. The NRC staff reviewed Specific Issues,’’ below). to the current requirement in § 35.14(a) board certification procedures and made Changes to the Certification Pathway to provide a copy of board certifications a determination that, with one to the NRC. Further discussion of the exception, the boards’ certification For the certification pathway, the requirement for a preceptor statement programs failed to meet the current regulations incorporate the more appears below under the heading requirements in the current regulations prescriptive requirements for the ‘‘Preceptor Certification.’’ The regarding preceptor certification and alternate pathway. The proposed rule certification pathway also includes a work experience. This assessment 1 would establish criteria for a board to be specification for the number of hours of resulted from a detailed comparison, recognized by the NRC or an Agreement training and experience for ANPs and performed by the NRC staff, between State. AUs for certain uses of byproduct requirements in the regulations (in For the RSO, AMP, and ANP, the material under §§ 35.100, 35.200, 35.300 subparts D–H) and specialty board proposed criteria include a degree from (in 35.390, 35.392, 35.394 for uses under requirements for certification. The an accredited college or university, professional experience, passing an 35.300), and 35.500. The ACMUI changes resulting from adoption of the examination administered by the board, recommended that the requirement for proposed rule would remedy this and in some cases additional training 200 hours of classroom and laboratory situation and result in requirements that related to the type of use for which an training, now required in §§ 35.490 and are less prescriptive while maintaining individual would be responsible. The 35.690, be removed because it believes public health and safety. These changes requirement for passing an examination that the combination of degree, practical would ensure that a clear regulatory reflects the current practice of experience, and examination in the determination can be made that certification boards. criteria for recognizing certifying boards specialty boards, both new and existing, The addition of a requirement in is equivalent to the number of hours of meet the relevant criteria for recognition § 35.50(a) for candidates for RSO to have didactic training and experience by the NRC or an Agreement State. a degree is consistent with current specified for the alternative pathway. A Minor changes would also be made to standards of certification boards to detailed analysis of T&E requirements the training and experience require a minimum of a baccalaureate was performed by NRC staff and appears requirements in the alternate pathway. degree. The NRC believes that this as Attachment 1 to SECY–02–0194. This The proposed changes to T&E requirement helps ensure that a assessment included a comparison of requirements are intended to address candidate for RSO has the level of the number of hours of training required issues raised by the ACMUI. However, knowledge necessary to fulfill duties of both for the board certification and the NRC disagrees with the ACMUI’s an RSO. However, the proposed rule alternate pathway, with estimates of the belief that the training and experience will retain current regulatory provisions equivalency of hours of T&E leading to criteria in the current rule would result that allow candidates who do not hold board certification in comparison to the in candidates bypassing board a degree required under proposed hours required under the alternate 1 ‘‘Comparison Between NRC Requirements and revisions to § 35.50(a) to qualify for pathway. The NRC believes that, Boards Certification Programs,’’ Attachment 2 to positions as RSO under provisions in although the requirements are not SECY–02–0194, ‘‘Options for Addressing part 35 § 35.50(b). Requirements for T&E of identical, the T&E standard for Training and Experience Issues Associated with candidates to serve as AMPs would be recognizing certifying boards would be Recognition of Specialty Boards by NRC.’’ SECY– 02–0194 is available on the NRC’s Web site, revised for the board certification equivalent to the standard for the http://www.nrc.gov, in the ‘‘Electronic Reading pathway, in proposed § 35.51(a)(2), to alternate pathway. The board Room.’’ require 2 years of full-time practical certification process requires a

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candidate to have an academic degree, The ACMUI’s recommendations for control check of instruments rather than complete practical experience or a approval as an AU in the alternate with calibrating instruments. The residency program, and pass an pathway in §§ 35.490(b) and 35.690(b) proposed rule would effect these examination. Examinations test the include the addition of the RCPSC to the recommendations with changes to knowledge and skills required to listings of organizations that approve §§ 35.190(c)(1)(ii)(B), 35.290(c)(1)(ii)(B), perform the applicable activities, residency programs. The NRC finds that 35.390(b)(1)(ii)(B), 35.392(c)(2)(ii), and including those in proposed RCPSC should be included in the listing 35.394(c)(2)(ii). The NRC agrees with §§ 35.490(a)(2) and 35.690(a)(2), to for the reasons previously discussed this recommendation because ensuring ensure radiation safety. The NRC above under the heading, ‘‘Changes to proper function of these instruments believes that the combination of a the Certification Pathway.’’ involves more than periodic calibration. In addition to instrument calibration, degree, practical experience and an Training Specific to Type of Use examination in the proposed criteria for quality control procedures commonly recognizing certifying boards would be The ACMUI recommended that, in include checks of such parameters as equivalent to the number of hours of addition to meeting minimum training linearity, constancy and functionality didactic training and experience and experience requirements, (including battery checks). specified for the alternate pathway. authorized individuals should have Training requirements for Further, the proposed requirement in training or experience in the use of authorizations as a medical physicist the certification pathway for §§ 35.390, byproduct material or specific would be changed in § 35.51(b)(1) to 35.490 and 35.690 for completion of an modalities (types of use), as appropriate, remove specific requirements for a approved, 3-year residency program for which a licensee is authorized. The degree in biophysics, radiological provides added assurance that T&E is requirement would also apply to newly physics, and health physics, and add sufficient. hired authorized individuals and when the more general, other physical a new type of use is added to the The ACMUI’s recommendations sciences, as well as engineering and licensee’s program. The NRC supports included the addition of the Royal applied mathematics. The requirement these changes, believing that they would College of Physicians and Surgeons of for 1 year of full-time training in ensure that a licensee’s staff has Canada (RCPSC) in listings of entities therapeutic radiological physics would adequate knowledge and experience to which approve residency training to be changed to a more general fulfill the duties for which they are satisfy requirements for the board requirement for 1 year of full-time responsible. The proposed rule includes training in medical physics. Similarly, certification pathway for uses under new paragraphs that add this the requirement for training in a clinical §§ 35.300, 35.400, and 35.600. While the requirement in § 35.50(e) for RSOs, radiation oncology facility would be RCPSC was named in subpart J of the § 35.51(d) for AMPs and for AUs in changed to a requirement for training in current rule, it is not named in other § 35.690(d) for remote afterloader, ‘‘clinical radiation facilities.’’ subparts. There are reciprocal teletherapy and gamma stereotactic Pluralizing ‘‘facility’’ makes it possible arrangements between U.S. entities and radiosurgery units. For uses under for candidates to receive training in the RCPSC regarding approval of § 35.300, requirements in § 35.390(b)(1) more than one institution. In residency programs. Thus, the NRC provide for training specific to type of § 35.690(b)(2), the requirement for finds these reciprocal agreements to be use which applies to both the board candidates to be approved as AUs a sufficient basis to provide that RCPSC certification and alternate pathways. would be changed to broaden the be included in various sections of 10 Other Changes requirement that supervised clinical CFR part 35, as previously discussed. experience be received in ‘‘radiation The proposed rule would provide the In the current rule, § 35.390(b)(1) therapy’’ rather than in ‘‘radiation boards more latitude in making the specifies that work experience for uses oncology.’’ These changes are needed to determination that individuals are fully of byproduct material in unsealed form allow for the therapeutic use of trained and capable of performing their for which a written directive is required byproduct material in applications other duties involving radiation safety. These must include administering dosages of than cancer therapy and allowing for proposed changes to the certification radioactive drugs involving a minimum T&E to be obtained in more than one pathway would continue to ensure the of three cases in each of the categories facility. safe use of byproduct material by for which the individual is requesting Current regulations in § 35.50(c) medical licensees by establishing authorized user status. Sections provide that an AMP identified on a criteria for specialty boards to use in 35.390(b)(1)(ii)(G)(3) and (4) refer to licensee’s license can serve as an RSO, granting certifications. The NRC made a parenteral administration of certain provided that the individual has determination that, with the exception radionuclides. The proposed rule would experience with the radiation safety of one specialty board, the boards do not clarify that this training must be with aspects of similar types of use of meet the requirement in the current rule quantities of radionuclides for which a byproduct material for which the regarding preceptor certification and written directive is required. The NRC individual has responsibilities as an work experience. The proposed supports these changes because, without RSO. However, current regulations only revisions for the certification pathway them, an individual might cite require services of an AMP for uses would remedy the problem of boards experience with low-level dosages to under §§ 35.433 and 35.600; a few not meeting current requirements in 10 satisfy requirements for work AMPs are also named on licenses for CFR part 35. experience; the changes place emphasis uses under § 35.1000. Therefore, individuals who may have adequate Changes to the Alternate Pathway on the need for AUs to have work experience with higher level dosages, T&E to serve as AMPs for types of use The proposed rule also contains for which a written directive is required. licensed under §§ 35.100, 35.200, revised requirements for some of the The ACMUI recommended that the 35.300, 35.400 and 35.500, are not listed alternate pathways. Most of these requirements for work experience for on an NRC or Agreement State license changes are minor and would clarify the authorized users in §§ 35.190, 35.290, under current rules. Medical physicists requirements for training and and 35.390 be changed to require who are certified by a specialty board experience. experience with performing quality recognized by the Commission or an

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Agreement State have training and sufficient attestation to demonstrate that The NRC staff does not intend to experience in radiation safety aspects of the candidate has the knowledge to conduct inspections of the recognized the use of byproduct material for fulfill the duties of the position for specialty boards, but will monitor medical purposes. A change to the which certification is sought. trends in medical events. If the NRC regulations in § 35.50(c) is proposed that The ACMUI also recommended that staff determines that a series of medical would allow medical physicists, who the Commission separate the events is associated with a particular are certified by a specialty board requirement to obtain a preceptor specialty and the trend can be attributed recognized by the NRC or an Agreement statement from the certification and to inadequate radiation safety training, State, to serve as RSOs, while retaining alternate pathways, and to specify this the staff will determine whether the the requirement that such individuals requirement as a new paragraph in the inadequate training is related to a have experience specific to the types of sections dealing with T&E for RSOs, board’s requirements for radiation safety use for which they would be AMPs, ANPs, and AUs. The training. If this is the case, the NRC staff responsible. This change would remove Commission approved this will review the specialty board’s an impediment for individuals who recommendation of the ACMUI, placing certification program. The assessment have adequate T&E to become approved the requirement on licensees to submit will include a determination of whether as RSOs. It would also avoid placing a the preceptor statements to the NRC. the board’s examination adequately burden on licensees to apply for an The proposed regulations retain the assesses the requisite knowledge and exemption to regulations and on NRC requirements that individuals obtain skills. If the staff determines that and Agreement State staff who would be preceptor statements for both the changes in the board’s requirements for required to process an application for an certification and alternate pathways. training in radiation safety are necessary exemption to regulations in order to The requirement for licensees to and the board either cannot or will not approve a licensee’s request to have a submit a preceptor statement to the NRC make adequate changes to its training medical physicist, certified by a appears in the proposed rule in program to address these needs, then recognized specialty board, serve as an § 35.14(a). Conforming changes are the NRC will withdraw recognition of RSO. proposed for definitions of RSO, AMP, that specialty board’s certification and The term ‘‘high energy’’ is used in the ANP, and AU in § 35.2 to include the delist that board. The NRC staff will proposed rule text in § 35.51(a)(2)(ii) to references to a requirement for consult with the ACMUI regarding such specify the type of training to be preceptor statements. Conforming actions and will inform the Commission included in T&E for AMPs. The NRC changes are also proposed to include of an NRC staff decision to withdraw has not defined the term ‘‘high energy’’ appropriate references to the recognition. The NRC has reviewed because, to do so, would be overly requirement for a preceptor statement in existing procedures for the conduct of prescriptive and such definition might §§ 35.13(b)(1), 35.13(b)(2), and inspections and has determined that be misinterpreted as establishing a 35.13(b)(3). they provide for collection of the threshold for the minimum photon information necessary to evaluate trends energy for which experience with Listing of Recognized Boards in medical events possibly related to external beam therapy is appropriate to The NRC would list on its Web site, requirements for T&E of specialty qualify as an AMP. instead of in its regulations, the names boards. Preceptor Certification of boards whose certification process Stakeholder Interactions 10 CFR part 35 currently requires a meets the NRC’s criteria. This approach On May 20, 2003, a public meeting written certification that the individual has the advantage of eliminating the was held to solicit early input on the has satisfactorily completed the need to amend 10 CFR part 35 to effect proposed rule from representatives of required training and has achieved a recognition each time a new board professional specialty boards and other level of knowledge or competency needs to be added to the listing. The interested stakeholders. The meeting sufficient to function independently and ACMUI and specialty board was conducted as a facilitated, requires that the written certification be representatives who participated in a roundtable discussion with signed by a preceptor who is a radiation public meeting on May 20, 2003, were representatives of specialty boards; safety officer, authorized medical in agreement with this approach. members of the public also had the physicist, authorized nuclear Boards that are currently listed in opportunity to present their views. NRC pharmacist or authorized user. This subpart J of part 35 and other boards staff also made a presentation to the requirement applies to both the board would be required to apply for ACMUI on May 20, 2003, regarding the certification and alternate pathways. recognition under this rule. NRC staff staff’s approach to the proposed rule; The ACMUI recommended that, will review a board’s submittal with the subsequent to this, further input was instead of certifying ‘‘competency,’’ the ACMUI before a decision on recognition obtained from the Chair of the ACMUI preceptor should attest that the of a board is made. and the Chair of the ACMUI individual has satisfactorily completed The NRC plans to place the subcommittee as well as a comment the required training and experience. It procedures for listing and delisting of received via e-mail from a participant in further recommended that a training specialty boards on its Web site before the meeting with the boards. program director be allowed to sign the the effective date of the final rule, if A draft of this proposed rule was sent written certification. adopted. Because of the important role to the Agreement States and the ACMUI As explained above, the Commission of board certification, the procedures for 30-day review and comment. A considered recommendations of the will provide for making a clear teleconference between NRC staff and ACMUI and determined in SRM–02– regulatory determination that boards, the ACMUI was held on July 17, 2003; 0194 that the preceptor statement both new and existing, meet the relevant approximately 12 Agreement State should remain as written in the current criteria in the revised regulations. The representatives participated in this regulations. However, the Commission procedures will provide for both adding conference, notice of which appeared in emphasized that the preceptor language new specialty boards to the recognized the Federal Register on July 14, 2003 does not require an attestation of general listing and for removing boards from the (68 FR 41665). Comments of the clinical competency, but requires recognized list. ACMUI, Agreement States, board

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members, and members of the public should be used in place of certify medical physicist (AMP) would be provided useful information to the NRC (certification) in preceptor statements. changed to include a reference in in preparing the proposed rule. A The ACMUI explained that the reason paragraph (1) to the requirement for person from the State of Alabama for this recommendation was to reflect obtaining a preceptor statement in represented the Organization of the current practice that preceptors do proposed § 35.51(c) and the proposed Agreement States and participated as a not ‘‘certify’’ individuals, but ‘‘attest.’’ requirement for training specific to type member of the working group with the As noted below under the heading of use in proposed § 35.51(d). The NRC staff in the development of this ‘‘Invitation for Public Comment on definition for authorized nuclear proposed rule. Specific Issues,’’ the NRC is inviting pharmacist (ANP) would be changed in Additional Recommendations of the comment on the issue of whether the paragraph (1) to include a reference to ACMUI word ‘‘attestation’’ should be used in the requirement for obtaining a place of the word ‘‘certification’’ in preceptor statement in proposed At the teleconference held on July 17, preceptor statements. § 35.55(c). The definition of authorized 2003, the full ACMUI discussed the user (AU) would be changed in Timing of Agreement State draft proposed rule. During the paragraph (1) to include references to Implementation teleconference, the ACMUI approved the requirement for obtaining a the NRC staff recommendation to Normally, Agreement States have 3 preceptor statement in proposed broaden the requirement that supervised years in which to adopt a compatible §§ 35.390(c), 35.490(c), and 35.690(c). clinical experience be received in a rule. Agreement States have until The requirement for training specific to ‘‘radiation facility’’ rather than in a October 24, 2005, to adopt the revised type of use in proposed § 35.690(d) ‘‘radiation oncology facility’’ for 10 CFR part 35 published on April 24, would also be added to the definition of individuals to qualify as AMPs, in 2002. For Agreement States to adopt the AU. The definition of radiation safety § 35.51(b)(1) of the proposed rule, and to proposed training and experience officer (RSO) would be changed in change the requirement for experience requirements contained in this proposed paragraph (1) to include references to in ‘‘radiation oncology’’ in paragraph rule and have them in place by October the requirements for obtaining a § 35.690(b)(2) to allow for experience in 24, 2005, the Agreement States would preceptor statement in proposed ‘‘radiation therapy.’’ Parallel changes have a shortened time frame for § 35.50(c) and 35.50(d)(ii) and to the were made to the certification pathway developing compatible requirements. requirement for training specific to type for AMPs in the proposed rule in Agreement States have voiced concern of use in proposed § 35.50(e). § 35.51(a)(2)(ii) and in § 35.690(a)(1) for regarding this shortened time frame. As uses under § 35.600. Secondly, the indicated below under the heading Section 35.10—Implementation ACMUI recommended that the ‘‘Invitation for Public Comment on This section would be amended to requirements for experience, described Specific Issues,’’ the NRC is inviting incorporate conforming changes in the current rule in comment on the timing of necessitated by amendments to other § 35.390(b)(1)(ii)(G), not be included in implementation of the proposed rule in sections. Paragraph (b) would be criteria for recognition of specialty Agreement States. amended to require implementation of board certifications, but, that they §§ 35.50(c), 35.50(e), 35.51(c), 35.51(d), continue to be required for AUs meeting Invitation for Public Comment on 35.55(c), 35.390(c), 35.490(c), 35.690(c) T&E requirements for both the Specific Issues. and 35.690(d) by the effective date of certification and alternate pathways. The NRC is seeking public comment the regulation. This recommendation was not adopted on the following issues: Section 35.13—License Amendments because the NRC staff believes that the 1. Do the proposed revisions to requirements for work experience in requirements for training and Paragraphs (b)(1), (b)(2), and (b)(3) of § 35.390(b)(1)(ii)(G) are essential for an experience provide reasonable this section would be amended conform individual to be able to function assurance that RSOs, AMPs, ANPs, and with changes to § 35.14(a) and proposed independently as an AU for AUs will have adequate training in addition of §§ 35.390(c), 35.490(c), and administration of byproduct material for radiation safety? 35.690(c) which would require which a written directive is required. 2. Should Agreement States establish submission of preceptor statements to Furthermore, if the requirement were the requirements to conform with this the NRC. Paragraphs (b)(1) and (b)(3) removed from the certification pathway, proposed rule by October 24, 2005, or would be amended to reference individuals and applicants for licenses should they follow the normal process requirements for T&E specific for types or amendments would be required to and be given a full 3 years to develop of use added in proposed amendments provide documentation of completion of a compatible rule? (See discussion § 35.690(d) and § 35.51(d), respectively. requirements for experience required under the heading, ‘‘Timing of under § 35.390(b)(1)(ii)(G), in addition Section 35.14—Notifications Agreement State Implementation,’’ to evidence of board certification, to above.) This section would be amended to gain approval as AUs. Therefore, this 3. Should the word ‘‘attestation’’ be add a requirement to paragraph (a) to requirement was retained in the used in place of the word ‘‘certification’’ submit a copy of a written certification proposed rule. Thirdly, the ACMUI signed by a preceptor in addition to a recommended that the requirement for a in preceptor statements? (See discussion under the topic ‘‘Recommendations of copy of the board certification now preceptor statement be separated from required in this paragraph. the board certification pathway and the the ACMUI,’’ above.) alternate pathway, and specified Section-by-Section Analysis Section 35.50—Training for Radiation separately as a new paragraph in each Safety Officer training section. This recommendation Section 35.2—Definitions This section would be amended to was approved by the Commission in This section would be amended to modify the requirements that must be SRM–03–0145 and incorporated into the incorporate conforming changes met as part of a specialty board proposed rule. Lastly, the ACMUI necessitated by amendments to other certification process for the specialty recommended that the word ‘‘attest’’ sections. The definition of authorized board to be recognized by the

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Commission or an Agreement State. which would evaluate knowledge and moved from paragraph (b)(2) to a new Instead of requiring that the certification competency areas that are important to paragraph (c). process include the same criteria as the functioning as a medical physicist. Section 35.57—Training for alternate pathway (§ 35.50(b) in the Paragraph (a) would also be amended to Experienced Radiation Safety Officer, current rule), paragraph (a) would be include a statement that recognized Teletherapy or Medical Physicist, amended to provide separate board certifications will be posted on Authorized User, and Nuclear requirements for a specialty board’s the NRC’s Web page. The requirement Pharmacist certification process. This process for obtaining a preceptor statement would include a requirement to pass an would be removed from the Paragraphs (a) and (b) would be examination, administered by requirements for recognition of specialty amended to change ‘‘October 24, 2002,’’ diplomates of the specialty board, board certifications but would, instead, to the effective date of the final rule, if which would evaluate knowledge and apply to each individual seeking adopted. competency areas that are important to recognition as an AMP and be moved Section 35.190—Training for Uptake, functioning as an RSO. Requirements from paragraph (b)(2) to paragraph (c). Dilution, and Excretion Studies for training would be changed to add A new paragraph (d) would be added to Paragraph (a) would be amended to requirements for a bachelor’s or require training related to the type of modify the requirements that must be graduate degree from an accredited use for which authorization is sought met as part of a specialty board college or university in physical science that includes ‘‘hands on’’ device certification process for the specialty or engineering or biological science with operation, safety procedures, clinical board to be recognized by the a minimum of 20 college credits in use, and operation of a treatment Commission or an Agreement State for physical science, and 5 years of planning system. Paragraph (d) would professional experience in health uses under § 35.190. A requirement apply to the certification and alternate would be added that candidates must physics, including at least 3 years in pathways. In addition, for the alternate applied health physics (graduate pass an examination administered by pathway (paragraph (b)(1)), the diplomates of the specialty board. The training could be substituted for up to acceptable areas of concentration for 2 years of experience). Paragraph (a) requirement for obtaining a preceptor degrees would be expanded, and a statement would be removed from the would also be amended to include a requirement that the degree be from an statement that recognized board requirements for recognition of specialty accredited college or university would board certifications but would, instead, certifications will be posted on the be added. Paragraph (b)(1) would also NRC’s Web page. The requirement for apply to each individual seeking be amended to list the specific areas for recognition as an AU under § 35.100. obtaining a preceptor statement would which the individual needs to have be removed from the requirements for Paragraph (a) would also be amended to training and work experience, instead of include a statement that recognized recognition of specialty board referring to other sections of 10 CFR part certifications. This requirement, now in board certifications will be posted on 35 and would allow for the T&E to be the NRC’s Web page. Paragraph paragraph (b)(2), would be moved to received in clinical radiation facilities paragraph (c) and apply to both the (c)(1)(ii)(B) would be amended to reflect that provide high energy, external beam that the work experience must include certification and alternate pathway. A therapy and brachytherapy services. new paragraph (d)(2)(i) would be added performing quality control procedures to allow medical physicists to serve as Section 35.55—Training for an on instruments used to determine the RSOs if they are certified by a specialty Authorized Nuclear Pharmacist activity of dosages, a change from board whose certification process has requiring only the calibration of these been recognized by the Commission or This section would be amended to instruments. an Agreement State, with the modify the requirements that must be met as part of a specialty board Section 35.290—Training for Imaging requirement for a preceptor statement and Localization Studies included in paragraph (d)(2)(ii). A new certification process for the specialty paragraph (e) would be added to require board to be recognized by the Paragraph (a) would be amended to training in radiation safety, regulatory Commission or an Agreement State. modify the requirements that must be issues, and emergency procedures for Instead of requiring that the certification met as part of a specialty board the types of use for which an applicant process include the same criteria as the certification process for the specialty seeks authorization. Paragraph (e) alternate pathway, paragraph (a) would board to be recognized by the would apply to all pathways. be amended to provide separate Commission or an Agreement State for requirements for a specialty board’s uses under § 35.290. A requirement Section 35.51—Training for an certification process. This certification would be added that candidates must Authorized Medical Physicist process would include a requirement to pass an examination, administered by This section would be amended to pass an examination, administered by diplomates of the specialty board. The modify the requirements that must be diplomates of the specialty board, requirement for obtaining a preceptor met as part of a specialty board which would evaluate knowledge and statement would be removed from the certification process for the specialty competency areas that are important to requirements for recognition of specialty board to be recognized by the functioning as an ANP. Paragraph (a) board certifications but would, instead, Commission or an Agreement State. would also be amended to include a apply to each individual seeking Instead of requiring that the certification statement that recognized board recognition as an AU under § 35.200. process include the same criteria as the certifications will be posted on the Paragraph (a) would also be amended to alternate pathway, paragraph (a) would NRC’s Web page. The requirement for include a statement that recognized be amended to provide separate obtaining a preceptor statement would board certifications will be posted on requirements for a specialty board’s be removed from the requirements for the NRC’s Web page. Paragraph certification process. This process recognition of specialty board (c)(1)(ii)(B) would be amended to reflect would include a requirement to pass an certifications but would, instead, apply that the work experience must include examination, administered by to each individual seeking recognition performing quality control procedures diplomates of the specialty board, as an AMP; the requirement would be on instruments used to determine the

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activity of dosages, a change from the NRC’s Web page. Paragraph (c)(2)(ii) Association. Paragraph (a) would also be requiring only the calibration of these would be amended to reflect that the amended to include a statement that instruments. work experience must include recognized board certifications will be performing quality control procedures posted on the NRC’s Web page. The Section 35.390—Training for Use of on instruments used to determine the requirement for obtaining a preceptor Unsealed Byproduct Material for Which activity of dosages, a change from statement would be removed from the a Written Directive Is Required requiring only the calibration of these requirements for recognition of specialty This section would be amended to instruments. The requirement for board certifications but would, instead, modify the requirements that must be obtaining a preceptor statement would apply to each individual seeking met as part of a specialty board be removed from the requirements for recognition as an AU under § 35.490. certification process for the specialty recognition of specialty board Additionally, paragraph (b)(2) would be board to be recognized by the certifications but would, instead, apply amended to include the Royal College of Commission or an Agreement State for to each individual seeking recognition Physicians and Surgeons of Canada in uses under § 35.390. Instead of requiring as an AU under § 35.392. The the listing of organizations that can that the certification process include the requirement for a preceptor statement provide approval of the formal training same criteria as the alternate pathway, would be moved from paragraph (c)(3) program. paragraph (a) would be amended to to a new paragraph (d). provide separate requirements for a Section 35.590—Training for Use of specialty board’s certification process. Section 35.394—Training for the Oral Sealed Sources for Diagnosis The training and experience required for Administration of Sodium Iodide I–131 Paragraph (a) would be amended to the certification pathway would be Requiring a Written Directive in include a statement that recognized changed to include, in § 35.390(a)(1), a Quantities Greater Than 1.22 boards would be posted on the NRC’s requirement that individuals complete 3 Gigabecquerels (33 Millicuries) Web page. Paragraph (b)(5) would be years of residency training in a radiation Paragraph (a) would be amended to redesignated as paragraph (c) and would therapy, nuclear medicine or a related include a statement that recognized apply to both the certification and the medical specialty training program board certifications will be posted on alternate pathways. This revision would approved by the Residency Review the NRC’s Web page. Paragraph (c)(2)(ii) separate the requirement for training in Committee of the Accreditation Council would be amended to reflect that the the use of the device for the uses for Medical Education, the Royal work experience must include requested from the requirement for 8 College of Physicians and Surgeons of performing quality control procedures hours of classroom and laboratory Canada, or the Committee on Post- on instruments used to determine the training in basic radionuclide handling Graduate Training of the American activity of dosages, a change from techniques. Osteopathic Association. Paragraph (a) requiring only the calibration of these Section 35.690—Training for Use of would also be amended to include a instruments. The requirement for Remote Afterloader Units, Teletherapy statement that recognized board obtaining a preceptor statement would Units, and Gamma Stereotactic certifications will be posted on the be removed from the requirements for Radiosurgery Units NRC’s Web page. The requirement for recognition of specialty board obtaining a preceptor statement would certifications but would, instead, apply This section would be amended to be removed from the requirements for to each individual seeking recognition modify the requirements that must be recognition of specialty board as an AU under § 35.392. The met as part of a specialty board certifications but would, instead, apply requirement for a preceptor statement certification process for the specialty to each individual seeking recognition would be moved from paragraph (c)(3) board to be recognized by the as an AU under § 35.390. The to a new paragraph (d). Commission or an Agreement State for requirement for a preceptor statement uses under 35.600. Instead of requiring Section 35.490—Training for Use in would be moved from paragraph (b)(2) that the certification process include the Manual Brachytherapy Sources to a new paragraph (c). Paragraph same criteria as the alternate pathway, (b)(1)(ii)(B) would be amended to reflect This section would be amended to paragraph (a) would be amended to that the work experience must include modify the requirements that must be provide separate requirements for a performing quality control procedures met as part of a specialty board specialty board’s certification process. on instruments used to determine the certification process for the specialty Paragraph (a) would also be amended to activity of dosages, a change from board to be recognized by the include a statement that recognized requiring only the calibration of these Commission or an Agreement State. board certifications will be posted on instruments. In addition, paragraphs Instead of requiring that the certification the NRC’s web page. The training and (b)(1)(ii)(G)(3) and (4) would be process include the same criteria as the experience required for the certification amended to revise requirements for alternate pathway, paragraph (a) would pathway would be changed to include, work experience involving parenteral provide separate requirements for a in § 35.690(a)(1), a requirement that administration of dosages, clarifying specialty board’s certification process. individuals complete 3 years of them to indicate that the experience is The training and experience required for residency training in a radiation therapy to be with cases for which written the certification pathway would be program approved by the Residency directives are required. changed to include, in § 35.490(a)(1), a Review Committee of the Accreditation requirement that individuals complete 3 Council for Medical Education, the Section 35.392—Training for the Oral years of residency training in a radiation Royal College of Physicians and Administration of Sodium Iodide I–131 oncology program approved by the Surgeons of Canada, or the Committee Requiring a Written Directive in Residency Review Committee of the on Post-Graduate Training of the Quantities Less Than or Equal to 1.22 Accreditation Council for Medical American Osteopathic Association. The Gigabecquerels (33 Millicuries) Education, the Royal College of requirement for obtaining a preceptor Paragraph (a) would be amended to Physicians and Surgeons of Canada, or statement would be removed from the include a statement that recognized the Committee on Post-Graduate requirements for recognition of specialty board certifications will be posted on Training of the American Osteopathic board certifications but would, instead,

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apply to each individual seeking rule, the NRC would modify the training qualified for recognition, and that this recognition as an AU under § 35.690. and experience requirements for could result in a shortage of authorized Additionally, for the alternate pathway, radiation safety officer, authorized individuals. As a temporary measure to paragraph (b)(2) would be amended to medical physicists, authorized nuclear address this issue, the Commission include the Royal College of Physicians pharmacists or authorized users. This reinserted Subpart J into the final rule and Surgeons of Canada in the listing of action does not constitute the which was published in the Federal organizations that can provide approval establishment of a standard that Register on April 24, 2002 (67 FR of the formal training program. The establishes generally applicable 20249). Subpart J is effective for a 2-year requirement for experience in ‘‘radiation requirements. transition period which will expire on oncology’’ in paragraph (b)(2) would be October 24, 2004. The proposed action Finding of No Significant modified to allow for experience in would address this issue relating to Environmental Impact: Environmental ‘‘radiation therapy.’’ A new paragraph recognition of board certifications after Assessment (c) would be added to require training expiration of the 2-year transition in device operation, safety procedures, The Commission has determined period. and clinical use for the type(s) of use for under the National Environmental Need for the Proposed Action which approval as an AU is sought. Policy Act of 1969, as amended, and the Paragraph (c) would apply to all Commission’s regulations in subpart A This rulemaking is needed to address pathways. of 10 CFR part 51, that this rule, if the training and experience issue for adopted, would not be a major Federal recognition of certifications of specialty Agreement State Compatibility action significantly affecting the quality boards by the NRC for approval of Under the ‘‘Policy Statement on of the human environment. Therefore, individuals to serve as RSOs, AMPs, Adequacy and Compatibility of an environmental impact statement is ANPs or AUs. Without this rulemaking, Agreement State Programs’’ approved by not required. The environmental the issue of board recognition would not the Commission on June 30, 1997, and assessment is presented below. be addressed. Subpart J expires on published in the Federal Register on October 24, 2004, and without this September 3, 1997 (62 FR 46517), this Introduction rulemaking, there could be a potential proposed rule would be a matter of The Nuclear Regulatory Commission shortage of individuals authorized to compatibility between NRC and the (NRC) is proposing to amend its perform medical procedures involving Agreement States, thereby providing regulations governing the medical use of the use of byproduct material. consistency among Agreement State and byproduct material to change its Alternatives to the Proposed Action NRC requirements. The Compatibility requirements for recognition of specialty Categories for the sections amended in boards whose certification may be used An alternative to the proposed action this proposed rule would be the same as to demonstrate the adequacy of the would be to take no action. Subpart J for the sections in the current training and experience of individuals will expire on October 24, 2004. The no- regulations. The revisions to §§ 35.2, to serve as radiation safety officer action alternative is not favored because 35.10, 35.13, 35.14, 35.50, 35.51, 35.190, (RSOs), authorized medical physicists the issues related to training and 35.290, 35.390, 35.392, 35.394, 35.490, (AMPs), authorized nuclear pharmacists experience, as they relate to NRC’s 35.590, and 35.690 are classified as (ANPs) or authorized users (AUs). The recognition of specialty boards, would Compatibility Category B. A proposed rule would also revise the not be resolved and this could result in Compatibility Category ‘‘B’’ designation requirements for demonstrating the a shortage of RSOs, AMPs, ANPs and means the requirement has significant adequacy of training and experience for AUs. direct transboundary implications. pathways other than the board Environmental Impacts of the Proposed Compatibility Category ‘‘B’’ designated certification pathway. This rulemaking Action Agreement State requirements should be is necessary to address the training and essentially identical to those of NRC. experience issue for recognition of The NRC prepared an environmental specialty board certifications. assessment as part of the development Plain Language of the part 35 final rule published in the The Presidential Memorandum dated The Proposed Action Federal Register on April 24, 2002 (67 June 1, 1998, entitled, ‘‘Plain Language The proposed action under FR 20249). The conclusion from this in Government Writing’’ directed that consideration is an amendment to the environmental assessment was that the the Government’s writing be in plain Commission’s regulations governing the 10 CFR part 35 amendments would have language. This memorandum was medical use of byproduct materials (10 no significant impact on the public and published on June 10, 1998 (63 FR CFR part 35). The proposed action the environment. Specifically, 31883). The NRC requests comments on would change the requirements for pertaining to the training and this proposed rule specifically with recognition of specialty boards whose experience requirements, the respect to the clarity and effectiveness certification may be used to demonstrate environmental assessment stated: ‘‘The of the language used. Comments should the adequacy of the training and amendments to the training and be sent to the address listed under the experience of individuals to serve as an experience requirements in 10 CFR part heading ADDRESSES above. RSO, AMP, ANP, or AU. The proposed 35 focus on knowledge and experience action would also amend certain that is integral to radiation safety. These Voluntary Consensus Standards requirements for the training and changes are expected to have no The National Technology Transfer Act experience of individuals who do not significant impact on public health and of 1995 (Pub. L. 104–113) requires that choose the board certification pathway. safety, occupational health and safety, Federal agencies use technical standards During its revision of 10 CFR part 35, and the environment.’’ The NRC finds that are developed or adopted by the Commission became aware that, as that the conclusion is still valid for the voluntary consensus standards bodies a result of the changes to its training and proposed revisions to the training and unless the use of such a standard is experience requirements, specialty experience requirements in 10 CFR part inconsistent with applicable law or boards recognized by the NRC under the 35. The revisions currently under otherwise impractical. In this proposed former regulations no longer would be consideration also focus on the

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knowledge and experience that is average 1.4 hours per response, the NRC Public Document Room, 11555 integral to radiation safety. The including the time for reviewing Rockville Pike, Public File Area O1 F21, proposed amendments to 10 CFR part instructions, searching existing data Rockville, Maryland. Single copies of 35 are expected to have no significant sources, gathering and maintaining the the draft regulatory analysis are impact on the public health and safety, data needed, and completing and available from Roger W. Broseus, Office occupational health and safety, and the reviewing the information collection. of Nuclear Material Safety and environment. The U.S. Nuclear Regulatory Safeguards, telephone (301) 415–7608, Commission is seeking public comment e-mail [email protected]. Agencies and Persons Consulted and on the potential impact of the Sources Used Regulatory Flexibility Certification information collections contained in the The environmental assessment for the proposed rule and on the following As required by the Regulatory final 10 CFR part 35 rulemaking, issues: Flexibility Act of 1980 (5 U.S.C. 605(b)), published in the Federal Register (67 1. Is the proposed information the Commission certifies that this FR 20249; April 24, 2002), was used in collection necessary for the proper proposed rule, if promulgated, will not the preparation of this environmental performance of the functions of the have a significant economic impact on assessment. The draft environmental NRC, including whether the information a substantial number of small entities. assessment was sent to Agreement will have practical utility? The Nuclear Regulatory Commission States and the Advisory Committee on 2. Is the estimate of burden accurate? (NRC) is proposing to amend its the Medical Use of Isotopes for review 3. Is there a way to enhance the regulations governing the medical use of and comment. The NRC staff has quality, utility, and clarity of the byproduct material to change its determined that the proposed action information to be collected? requirements for recognition of specialty will not affect listed species or critical 4. How can the burden of the boards whose certification may be used habitat. Therefore, no further information collection be minimized, to demonstrate the adequacy of the consultation is required under Section 7 including the use of automated training and experience of individuals of the Endangered Species Act (16 collection techniques? to serve as radiation safety officers, U.S.C. 1531 et seq). Likewise, the NRC Send comments on any aspect of authorized medical physicists, staff has determined that the proposed these proposed information collections, authorized nuclear pharmacists or action is not the type of activity that has including suggestions for reducing the authorized users. The proposed rule potential to cause effects on historic burden, to the Records and FOIA/ would also revise the requirements for properties. Therefore, no further Privacy Services Branch (T5 F52), U.S. demonstrating the adequacy of training consultation is required under Section Nuclear Regulatory Commission, and experience of individuals who do 106 of the National Historic Washington, DC 20555–0001, or by not choose pathways other than the Preservation Act (16 U.S.C. 470 et seq). Internet electronic mail at board certification pathway. The [email protected]; and to the Desk regulatory flexibility analysis prepared Finding of No Significant Impact Officer, Office of Information and for the final rule on part 35 (67 FR Based on the foregoing environmental Regulatory Affairs, NEOB–10202, 20249; April 24, 2002) indicated that assessment, the NRC concludes that this (3150–0010 and 3150–0120), Office of about 740 out of 1688 licensees could be rulemaking will not have a significant Management and Budget, Washington, considered small entities. The proposed effect on the quality of the human DC 20503. rule should have no burden or economic environment. Therefore, the NRC has Comments to OMB on the information impact on licensees because it does not determined that an environmental collections or on the above issues add new requirements; it would provide impact statement is not necessary for should be submitted by January 8, 2004. a revision to an existing option. this rulemaking. Comments received after this date will Any small entity subject to this The determination of this be considered if it is practical to do so, regulation that determines, because of environmental assessment is that there but assurance of consideration cannot its size, it is likely to bear a will be no significant impact to the be given to comments received after this disproportionate adverse economic public from this action. However, the date. impact should notify the Commission of general public should note that the NRC this opinion in a comment that Public Protection Notification seeks public participation. Comments indicates— on any aspect of the Environmental The NRC may not conduct or sponsor, (a) The licensee’s size and how the Assessment may be submitted to the and a person is not required to respond proposed regulation would result in a NRC as indicated under the ADDRESSES to, a request for information or an significant economic burden upon the heading. information collection requirement licensee as compared to the economic The NRC has sent a copy of this unless the requesting document burden on a larger licensee; proposed rule to every State Liaison displays a currently valid OMB control (b) How the proposed regulations Officer and requested their comments number. could be modified to take into account on the environmental assessment. the licensee’s differing needs or Regulatory Analysis capabilities; Paperwork Reduction Act Statement The Commission has prepared a draft (c) The benefits that would accrue, or This rule amends information regulatory analysis on this proposed the detriments that would be avoided, if collection requirements that are subject regulation. The analysis examines the the proposed regulations were modified to the Paperwork Reduction Act of 1995 costs and benefits of the alternatives as suggested by the licensee; (44 U.S.C. 3501 et seq.). This proposed considered by the Commission. (d) How the proposed regulation, as rule has been submitted to the Office of The Commission requests public modified, would more closely equalize Management and Budget for review and comment on the draft regulatory the impact of NRC regulations or create approval of the information collection analysis. Comments on the analysis may more equal access to the benefits of requirements. be submitted to the NRC as indicated Federal programs as opposed to The burden to the public for these under the ADDRESSES heading. The providing special advantages to any information collections is estimated to analysis is available for inspection in individual or group; and

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(e) How the proposed regulation, as (1) Meets the requirements in §§ 35.59 certification(s) signed by a preceptor, modified, would still adequately protect and 35.190(a), 35.290(a), 35.390(a) and the Commission or Agreement State public health and safety. (c), 35.392(a), 35.394(a), 35.490(a) and license, the permit issued by a (c), 35.590(a), or 35.690(a), 35.690(c) Commission master material licensee, Backfit Analysis and 35.690(d); or, before October 24, the permit issued by a Commission or The Commission has determined that 2004, meets the requirements in Agreement State licensee of broad the backfit rule does not apply to this §§ 35.910(a), 35.920(a), 35.930(a), scope, or the permit issued by a proposed rule because these 35.940(a), 35.950(a), 35.960(a) and Commission master material license amendments would not involve any 35.59; or broad scope permittee for each provision that would impose backfits as * * * * * individual no later than 30 days after defined in 10 CFR Chapter 1. Therefore, Radiation Safety Officer means an the date that the licensee permits the a backfit analysis is not required for this individual who— individual to work as an authorized proposed rule. (1) Meets the requirements in user, an authorized nuclear pharmacist, List of Subjects in 10 CFR Part 35 §§ 35.50(a), 35.50(c), 35.50(e), and or an authorized medical physicist, 35.59; or 35.50(d), 35.50(e), and 35.59; under § 35.13 (b)(1) through (b)(4). Byproduct material, Criminal or, before October 24, 2004, §§ 35.900(a) * * * * * penalties, Drugs, Health facilities, and 35.59; or 6. In § 35.50, paragraphs (a) and (c) Health professions, Medical devices, are revised, paragraph (b)(2) is removed Nuclear materials, Occupational safety * * * * * 3. In § 35.10, paragraph (b) is revised and reserved, and paragraphs (d) and (e) and health, Radiation protection, are added to read as follows: Reporting and recordkeeping to read as follows: requirements. § 35.10 Implementation. § 35.50 Training for Radiation Safety Officer. For the reasons set out in the * * * * * preamble and under the authority of the (b) A licensee shall implement the * * * * * (a) Is certified by a specialty board Atomic Energy Act of 1954, as amended; training requirements in §§ 35.50(a), whose certification process has been the Energy Reorganization Act of 1974, 35.50(c), 35.50(e), 35.51(a), 35.51(b), recognized by the Commission or an as amended; and 5 U.S.C. 553; the NRC 35.51(c), 35.51(d), 35.55(a), 35.55(c), Agreement State. (Specialty Boards is proposing to adopt the following 35.59, 35.190(a), 35.190(c), 35.290(a), whose certification processes have been amendments to 10 CFR part 35. 35.290(c), 35.390(a), 35.390(b), recognized by the Commission or an 35.390(c), 35.392(a), 35.392(c), Agreement State will be posted on the PART 35—MEDICAL USE OF 35.394(a), 35.394(c), 35.490(a), NRC’s Web page.) To be recognized, a BYPRODUCT MATERIAL 35.490(b), 35.490(c), 35.590(a), specialty board shall require all 35.590(b), 35.690(a), 35.690(b), 1. The authority citation for part 35 candidates for certification to: 35.690(c), and 35.690(d) on or before continues to read as follows: (1) Hold a bachelor’s or graduate ‘‘[insert effective date of final rule]’’. Authority: Secs. 81, 161, 182, 183, 68 Stat. degree from an accredited college or 935, 948, 953, 954, as amended (42 U.S.C. * * * * * university in physical science or 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 4. In § 35.13, paragraphs (b)(1), (b)(2) engineering or biological science with a 1242, as amended (42 U.S.C. 5841). and (b)(3) are revised to read as follows: minimum of 20 college credits in 2. In § 35.2, the definitions of § 35.13 License amendments. physical science; ‘‘authorized medical physicist,’’ (2) Have 5 or more years of (b) * * * professional experience in health ‘‘authorized nuclear pharmacist,’’ (1) For an authorized user, an ‘‘authorized user,’’ and ‘‘radiation safety physics (graduate training may be individual who meets the requirements substituted for no more than 2 years of officer’’ are amended by republishing in §§ 35.190(a); 35.290(a); 35.390(a) and the introductory text and revising the required experience) including at 35.390(c); 35.392(a); 35.394(a); 35.490(a) least 3 years in applied health physics; paragraph (1) of each definition to read and 35.490(c); 35.590(a); 35.690(a), as follows: and 35.690(c) and 35.690(d); 35.910(a); (3) Pass an examination administered § 35.2 Definitions. 35.920(a); 35.930(a); 35.932; 35.934; by diplomates of the specialty board, 35.940(a); 35.950(a); or 35.960(a) and * * * * * which evaluates knowledge and 35.59; Authorized medical physicist means competence in radiation physics and (2) For an authorized nuclear an individual who— instrumentation, radiation protection, pharmacist, an individual who meets (1) Meets the requirements in mathematics pertaining to the use and the requirements in §§ 35.59 and— §§ 35.51(a), 35.51(c), 35.51(d), and measurement of radioactivity, radiation (i) 35.55(a) and 35.55(c) or 35.59; or, before October 24, 2004, meets biology, and radiation dosimetry; or (ii) 35.980(a); the requirements in §§ 35.961(a), or (b), (b) * * * (3) For an authorized medical and 35.59; or (2) [Reserved] physicist, an individual who meets the (c) Has obtained written certification, * * * * * requirements in §§ 35.59 and— signed by a preceptor Radiation Safety Authorized nuclear pharmacist means (i) 35.51(a), 35.51(c) and 35.51(d) or Officer, that the individual has a pharmacist who— (ii) 35.961(a) or (b); satisfactorily completed the (1) Meets the requirements in * * * * * requirements in paragraph (a) or (b) of §§ 35.55(a), 35.55(c) or 35.55(d)(2), 5. In § 35.14, paragraph (a) is revised this section and has achieved a level of 35.55(e), and 35.59; or, before October to read as follows: radiation safety knowledge sufficient to 24, 2004, meets the requirements in function independently as a Radiation §§ 35.980(a) and 35.59; or § 35.14 Notifications. Safety Officer for a medical use licensee; * * * * * (a) A licensee shall provide the or Authorized user means a physician, Commission a copy of the board (d)(1) Is an authorized user, dentist, or podiatrist who— certification and the written authorized medical physicist, or

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authorized nuclear pharmacist by the Commission or an Agreement (d) Has training for the type(s) of use identified on the licensee’s license and State, or for which authorization is sought that has experience with the radiation safety (ii) In clinical radiation facilities includes hands-on device operation, aspects of similar types of use of providing high energy, external beam safety procedures, clinical use, and the byproduct material for which the therapy and brachytherapy services operation of a treatment planning individual has Radiation Safety Officer under the direction of physicians who system. This training requirement may responsibilities; or, meet the requirements for authorized be satisfied by satisfactorily completing (2)(i) Is a medical physicist who has users in §§ 35.490 or 35.690; either a training program provided by been certified by a specialty board (3) Pass an examination, administered the vendor or by training supervised by whose certification process has been by diplomates of the specialty board, an authorized medical physicist recognized by the Commission or an which assesses knowledge and authorized for the type(s) of use for Agreement State under § 35.51(a) and competence in clinical radiation which the individual is seeking has experience with the radiation safety therapy, radiation safety, calibration, authorization. quality assurance, and treatment aspects of similar types of use of 8. In § 35.55, paragraph (a) is revised, planning for external beam therapy, byproduct material for which the paragraph (b)(2) is removed and brachytherapy, and stereotactic individual has Radiation Safety Officer reserved, and paragraph (c) is added to responsibilities; and radiosurgery; or (b)(1) Holds a master’s or doctor’s read as follows: (ii) Has obtained written certification, degree in physics, medical physics, signed by a preceptor Radiation Safety § 35.55 Training for an authorized nuclear other physical science, engineering, or Officer, that the individual has pharmacist. applied mathematics from an accredited satisfactorily completed the * * * * * college or university; and has completed requirements in paragraph (a) or (b) of 1 year of full-time training in medical (a) Is certified by a specialty board this section and has achieved a level of physics and an additional year of full- whose certification process has been radiation safety knowledge sufficient to time work experience under the recognized by the Commission or an function independently as a Radiation supervision of an individual who meets Agreement State. (Specialty boards Safety Officer for a medical use licensee; the requirements for an authorized whose certification processes have been and medical physicist for the type(s) of use recognized by the Commission or an (e) Has training in the radiation safety, for which the individual is seeking Agreement State will be posted on the regulatory issues, and emergency authorization. This training and work NRC’s web page.) To be recognized, a procedures for the types of use for experience must be conducted in specialty board shall require all which a licensee seeks approval. This clinical radiation facilities that provide candidates for certification to: training requirement may be satisfied by high energy, external beam therapy and (1) Have graduated from a pharmacy completing training that is supervised brachytherapy services and must program accredited by the American by a radiation safety officer, authorized include: Council on Pharmaceutical Education medical physicist, authorized nuclear (i) Performing sealed source leak tests (ACPE) or have passed the Foreign pharmacist, or authorized user, as and inventories; Pharmacy Graduate Examination appropriate, who is authorized for the (ii) Performing decay corrections; Committee (FPGEC) examination; type(s) of use for which the licensee is (iii) Performing full calibration and seeking approval. (2) Hold a current, active license to periodic spot checks of external beam practice pharmacy; 7. In § 35.51, paragraphs (a) and (b)(1) treatment units, stereotactic are revised, paragraph (b)(2) is removed radiosurgery units, and remote (3) Provide evidence of having and reserved, and paragraphs (c) and (d) afterloading units as applicable; and acquired at least 4000 hours of training/ are added to read as follows: (iv) Conducting radiation surveys experience in nuclear pharmacy around external beam treatment units, practice. Academic training may be § 35.51 Training for an authorized medical substituted for no more than 2000 hours physicist. stereotactic radiosurgery units, and remote afterloading units as applicable; of the required training and experience; * * * * * and (4) Pass an examination in nuclear (a) Is certified by a specialty board (2) [Reserved] pharmacy administered by diplomates whose certification process has been (c) Has obtained written certification of the specialty board, which assesses recognized by the Commission or an that the individual has satisfactorily knowledge and competency in Agreement State. (Specialty boards completed the requirements in procurement, compounding, quality whose certification processes have been paragraph (a) or (b)(1) of this section assurance, dispensing, distribution, recognized by the Commission or an and has achieved a level of competency health and safety, radiation safety, Agreement State will be posted on the sufficient to function independently as provision of information and NRC’s Web page.) To be recognized, a an authorized medical physicist for each consultation, monitoring patient specialty board shall require all type of therapeutic medical unit for outcomes, research and development; or candidates for certification to: which the individual is requesting (b) * * * (1) Hold a master’s or doctor’s degree authorized medical physicist status. The in physics, medical physics, other written certification must be signed by (2) [Reserved] physical science, engineering, or a preceptor authorized medical (c) Has obtained written certification, applied mathematics from an accredited physicist who meets the requirements in signed by a preceptor authorized college or university; § 35.51, or, before October 24, 2004, nuclear pharmacist, that the individual (2) Have 2 years of full-time practical § 35.961, or equivalent Agreement State has satisfactorily completed the training and/or supervised experience requirements for an authorized medical requirements in paragraph (a) or (b) of in medical physics— physicist for each type of therapeutic this section and has achieved a level of (i) Under the supervision of a medical medical unit for which the individual is competency sufficient to function physicist who is certified in medical requesting authorized medical physicist independently as an authorized nuclear physics by a specialty board recognized status; and pharmacist.

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§ 35.57 [Amended] (c) * * * (4) Parenteral administration of any 9. In § 35.57, replace both references (1) * * * other radionuclide for which a written to ‘‘October 24, 2002’’ with ‘‘[insert (ii) * * * directive is required; and effective date of final rule]’’. (B) Performing quality control * * * * * 10. In § 35.190, paragraphs (a) and procedures on instruments used to (2) [Reserved] (c)(1)(ii)(B) are revised to read as (c) Has obtained written certification determine the activity of dosages and follows: that the individual has satisfactorily performing checks for proper operation completed the requirements in § 35.190 Training for uptake, dilution, and of survey meters; paragraph (a) or (b)(1) of this section excretion studies. * * * * * and has achieved a level of competency * * * * * 12. In § 35.390, paragraph (a), sufficient to function independently as (a) Meets the requirements in paragraphs (b)(1)(ii)(B), and an authorized user for the medical uses paragraph (c)(2) of this section and is (b)(1)(ii)(G)(3) and (4) are revised, authorized under § 35.300. The written certified by a medical specialty board paragraph (b)(2) is removed and certification must be signed by a whose certification process has been reserved, and paragraph (c) is added to preceptor authorized user who meets recognized by the Commission or an read as follows: the requirements in § 35.390(a), Agreement State. (Specialty boards § 35.390(b), or, before October 24, 2004, whose certification processes have been § 35.390 Training for use of unsealed § 35.390, or equivalent Agreement State recognized by the Commission or an byproduct material for which a written directive is required. requirements. The preceptor authorized Agreement State will be posted on the user, who meets the requirements in NRC’s web page.) To be recognized, a * * * * * § 35.390(b), or, before October 24, 2004, specialty board shall require all (a) Is certified by a medical specialty § 35.930(b), must have experience in candidates for certification to: board whose certification process has administering dosages in the same (1) Meet the requirements in been recognized by the Commission or dosage category or categories (i.e., paragraph (c)(1) of this section; an Agreement State. (Specialty boards § 35.390(b)(1)(ii)(G)(1), (2), (3), or (4)) as (2) Pass an examination, administered whose certification processes have been the individual requesting authorized by diplomates of the specialty board, recognized by the Commission or an user status. which assesses knowledge and Agreement State will be posted on the * * * * * competence in radiation safety, NRC’s web page.) To be recognized, a 13. In § 35.392, paragraphs (a) and radionuclide handling, and quality specialty board shall require all (c)(2)(ii) are revised to read as follows: control; or candidates for certification to: § 35.392 Training for the oral * * * * * (1) Successfully complete a minimum administration of sodium iodide I–131 (c) * * * of 3 years of residency training in a requiring a written directive in (1) * * * radiation therapy or nuclear medicine quantities less than or equal to 1.22 (ii) * * * training program or a program in a Gigabecquerels (33 millicuries). (B) Performing quality control related medical specialty that includes procedures on instruments used to * * * * * 700 hours of training and experience as determine the activity of dosages and (a) Meets the requirements in described in paragraph (b)(1) of this performing checks for proper operation paragraph (c)(3) of this section and is section. Eligible training programs must certified by a medical specialty board of survey meters; be approved by the Residency Review whose certification process includes all * * * * * Committee of the Accreditation Council of the requirements in paragraphs (c)(1) 11. In § 35.290, paragraphs (a) and for Graduate Medical Education or and (c)(2) of this section and whose (c)(1)(ii)(B) are revised to read as Royal College of Physicians and certification has been recognized by the follows: Surgeons of Canada or the Committee Commission or an Agreement § 35.290 Training for imaging and on Post-Graduate Training of the State.(Specialty boards whose localization studies. American Osteopathic Association; certification processes have been * * * * * (2) Pass an examination, administered recognized by the Commission or an (a) Meets the requirements in by diplomates of the specialty board, Agreement State will be posted on the paragraph (c)(2) of this section and is which tests knowledge and competence NRC’s web page.) or certified by a medical specialty board in radiation safety, radionuclide * * * * * whose certification process has been handling, quality assurance, and clinical (c) * * * recognized by the Commission or an use of unsealed byproduct material; or (2) * * * Agreement State. (Specialty boards (b) * * * (ii) Performing quality control procedures on instruments used to whose certification processes have been (1) * * * determine the activity of dosages and recognized by the Commission or an (ii) * * * Agreement State will be posted on the performing checks for proper operation (B) Performing quality control NRC’s web page.) To be recognized, a of survey meters; procedures on instruments used to specialty board shall require all * * * * * determine the activity of dosages, and candidates for certification to: 14. In § 35.394, paragraphs (a) and (1) Meet the requirements in performing checks for proper operation (c)(2)(ii) are revised to read as follows: paragraph (c)(1) of this section; of survey meters; * * * * * § 35.394 Training for the oral (2) Pass an examination, administered administration of sodium iodide I–131 by diplomates of the specialty board, (G) * * * requiring a written directive in quantities which assesses knowledge and (3) Parenteral administration of any greater than 1.22 Gigabecquerels (33 competence in radiation safety, beta emitter or a photon-emitting millicuries). radionuclide handling, and quality radionuclide with a photon energy less * * * * * control; or than 150 keV, for which a written (a) Meets the requirements in * * * * * directive is required; and/or paragraph (c)(3) of this section and is

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certified by a medical specialty board American Osteopathic Association. This radiation therapy program approved by whose certification process includes all experience may be obtained the Residency Review Committee of the of the requirements in paragraphs (c)(1) concurrently with the supervised work Accreditation Council for Graduate and (c)(2) of this section and whose experience required by paragraph Medical Education or Royal College of certification has been recognized by the (b)(1)(ii) of this section; and Physicians and Surgeons of Canada or Commission or an Agreement State. (c) Has obtained written certification, the Committee on Post-Graduate (Specialty boards whose certification signed by a preceptor authorized user Training of the American Osteopathic processes have been recognized by the who meets the requirements in § 35.490, Association; Commission or an Agreement State will or, before October 24, 2004, § 35.940, or (2) Pass an examination, administered be posted on the NRC’s web page.); or equivalent Agreement State by diplomates of the specialty board, * * * * * requirements, that the individual has which tests knowledge and competence (c) * * * satisfactorily completed the in radiation safety, radionuclide (2) * * * requirements in paragraphs (a) or (b) of handling, treatment planning, quality (ii) Performing quality control this section and has achieved a level of assurance, and clinical use of procedures on instruments used to competency sufficient to function stereotactic radiosurgery, remote determine the activity of dosages and independently as an authorized user of afterloaders and external beam therapy; performing checks for proper operation manual brachytherapy sources for the or of survey meters; medical uses authorized under § 35.400. (b)*** * * * * * 16. In § 35.590, paragraphs (a) and (b) (2) Has completed 3 years of 15. In § 35.490, paragraphs (a) and are revised and paragraph (c) is added supervised clinical experience in (b)(2) are revised, paragraph (b)(3) is to read as follows: radiation therapy, under an authorized removed, and paragraph (c) is added to user who meets the requirements in read as follows: § 35.590 Training for use of sealed sources for diagnosis. § 35.690, or, before October 24, 2004, § 35.960, or equivalent Agreement State § 35.490 Training for use of manual * * * * * brachytherapy sources. requirements, as part of a formal (a) Is certified by a specialty board training program approved by the * * * * * whose certification process includes all Residency Review Committee for (a) Is certified by a medical specialty of the requirements in paragraphs (b) board whose certification process has Radiation Oncology of the Accreditation and (c) of this section and whose Council for Graduate Medical Education been recognized by the Commission or certification has been recognized by the an Agreement State. (Specialty boards or Royal College of Physicians and Commission or an Agreement State. Surgeons of Canada or the Committee whose certification processes have been (Specialty boards whose certification recognized by the Commission or an on Postdoctoral Training of the processes have been recognized by the American Osteopathic Association. This Agreement State will be posted on the Commission or an Agreement State will NRC’s web page.) To be recognized, a experience may be obtained be posted on the NRC’s Web page.); or concurrently with the supervised work specialty board shall require all (b) Has completed 8 hours of experience required by paragraph candidates for certification to: classroom and laboratory training in (b)(1)(ii) of this section; and (1) Successfully complete a minimum basic radionuclide handling techniques (c) Has obtained written certification of 3 years of residency training in a specifically applicable to the use of the that the individual has satisfactorily radiation oncology program approved device. The training must include — completed the requirements in by the Residency Review Committee of (1) Radiation physics and paragraphs (a) or (b) of this section and the Accreditation Council for Graduate instrumentation; has achieved a level of competency Medical Education or Royal College of (2) Radiation protection; sufficient to function independently as Physicians and Surgeons of Canada or (3) Mathematics pertaining to the use an authorized user of each type of the Committee on Post-Graduate and measurement of radioactivity; therapeutic medical unit for which the Training of the American Osteopathic (4) Radiation biology; and individual is requesting authorized user Association; (c) Has completed training in the use status. The written certification must be (2) Pass an examination, administered of the device for the uses requested. by diplomates of the specialty board, 17. In § 35.690, paragraphs (a) and signed by a preceptor authorized user which tests knowledge and competence (b)(2) are revised, paragraph (b)(3) is who meets the requirements in § 35.690, in radiation safety, radionuclide removed, and paragraphs (c) and (d) are or, before October 24, 2004, § 35.960, or handling, treatment planning, quality added to read as follows: equivalent Agreement State assurance, and clinical use of manual requirements for an authorized user for brachytherapy; or § 35.690 Training for use of remote each type of therapeutic medical unit (b) * * * afterloader units, teletherapy units, and for which the individual is requesting (2) Has completed 3 years of gamma stereotactic radiosurgery units. authorized user status; and supervised clinical experience in * * * * * (d) Has received training in device radiation oncology, under an authorized (a) Is certified by a medical specialty operation, safety procedures, and user who meets the requirements in board whose certification process has clinical use for the type(s) of use for § 35.490, or, before October 24, 2004, been recognized by the Commission or which authorization is sought. This § 35.940, or equivalent Agreement State an Agreement State. (Specialty boards training requirement may be satisfied by requirements, as part of a formal whose certification processes have been satisfactory completion of a training training program approved by the recognized by the Commission or an program provided by the vendor for new Residency Review Committee for Agreement State will be posted on the users or by receiving training supervised Radiation Oncology of the Accreditation NRC’s Web page.) To be recognized, a by an authorized user or authorized Council for Graduate Medical Education specialty board shall require all medical physicist, as appropriate, who or the Royal College of Physicians and candidates for certification to: is authorized for the type(s) of use for Surgeons of Canada or the Committee (1) Successfully complete a minimum which the individual is seeking on Postdoctoral Training of the of 3 years of residency training in a authorization.

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Dated at Rockville, Maryland, this 2nd day the above address. Comments must be airplanes prior to Amendment 25–102, of December, 2003. marked: Docket No. NM270. Comments effective June 6, 2001, were intended to For the Nuclear Regulatory Commission. may be inspected in the Rules Docket prevent fuel tank explosions by Annette Vietti-Cook, weekdays, except Federal holidays, eliminating possible ignition sources Secretary of the Commission. between 7:30 a.m. and 4 p.m. from inside the airplane fuel tanks. [FR Doc. 03–30358 Filed 12–8–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Service experience of airplanes BILLING CODE 7590–01–P Mike Dostert, Propulsion and certificated to the earlier standards Mechanical Systems Branch, FAA, shows that ignition source prevention ANM–112, Transport Airplane alone has not been totally effective at DEPARTMENT OF TRANSPORTATION Directorate, Aircraft Certification preventing accidents. Commercial Service, 1601 Lind Avenue, SW., transport airplane fuel tank safety Federal Aviation Administration Renton, Washington, 98055–4056; requirements have remained relatively telephone (425) 227–2132, facsimile unchanged throughout the evolution of 14 CFR Part 25 (425) 227–1320, e-mail piston-powered aircraft and later into [email protected]. the jet age. The fundamental premise for [Docket No. NM270; Notice No. 25–03–08– precluding fuel tank explosions has SUPPLEMENTARY INFORMATION: SC] involved establishing that the design Comments Invited does not result in a condition that Special Conditions: Boeing Model 747– would cause an ignition source within 100/200B/200F/200C/SR/SP/100B SUD/ The FAA invites interested persons to the fuel tank ullage (tank vapor space). 400/400D/400F Airplanes; Flammability participate in this rulemaking by A basic assumption in this approach has Reduction System (Fuel Tank Inerting) submitting written comments, data, or views. The most helpful comments been that the fuel tank could contain AGENCY: Federal Aviation reference a specific portion of the flammable vapors under a wide range of Administration (FAA), DOT. proposed special conditions, explain the airplane operating conditions even ACTION: Notice of proposed special reason for any recommended change, though there were periods of time in conditions. and include supporting data. We ask which the vapor space would not that you send us two copies of written support combustion. SUMMARY: This notice proposes special comments. Fuel Properties conditions for the Boeing Model 747– All comments received will be filed in 100/200B/200F/200C/SR/SP/100B SUD/ the docket, as well as a report The flammability temperature range 400/400D/400F series airplanes. These summarizing each substantive public of jet engine fuel vapors varies with the airplanes, as modified by Boeing contact with FAA personnel concerning type of jet fuel, the ambient pressure in Commercial Airplanes, will incorporate these proposed special conditions. The the tank, and the amount of dissolved a new flammability reduction system docket is available for public inspection oxygen that may be present in the tank that uses a nitrogen generation system to before and after the comment closing due to vibration and sloshing of the fuel reduce the oxygen content in the center date. If you wish to review the docket that occurs within the tank. At sea level pressures and with no wing fuel tank so that exposure to a in person, go to the address in the sloshing or vibration present, Jet A fuel, combustible mixture of fuel and air is ADDRESSES section of this preamble the most common commercial jet fuel in substantially minimized. This system is between 7:30 a.m. and 4 p.m., Monday the United States, and Jet A1 used in intended to reduce the average through Friday, except Federal holidays. most portions of the world, have flammability exposure of the fleet of We will consider all comments we flammability characteristics that tend to airplanes with the system installed to a receive on or before the closing date for make the fuel vapor-air mixture too level equivalent to 3 percent of the comments. We will consider comments ‘‘lean’’ to ignite at temperatures below airplane operating time. The applicable filed late if it is possible to do so approximately 100°F, and too ‘‘rich’’ to airworthiness regulations do not contain without incurring expense or delay. We ignite at temperatures above 175°F. This adequate or appropriate safety standards may change these proposed special range of flammability (100°F to 175°F) is for the design and installation of this conditions based on the comments we reduced to cooler temperatures as the system. These proposed special receive. airplane gains altitude due to the conditions contain the additional safety If you want the FAA to acknowledge corresponding reduction of pressure. standards that the Administrator receipt of your comments on these For example, at an altitude of 30,000 considers necessary to ensure an proposed special conditions, include feet the flammability temperature range acceptable level of safety for the with your comments a pre-addressed, is approximately 60°F to 120°F. installation of the system and to define stamped postcard on which the docket The flammability range of Jet B (JP– performance objectives that the system number appears. We will stamp the date 4), another fuel approved for use on must achieve to be considered an on the postcard and mail it back to you. most commercial transport airplanes but acceptable means for minimizing the Background not used as a primary fuel, is development of flammable vapors in the Boeing Commercial Airplanes intends approximately 15°F to 75°F at sea level, fuel tank installation. to modify Model 747 series airplanes to and ¥20°F to 35°F at 30,000 feet. DATES: Comments must be received on incorporate a new flammability Because Jet B fuel flammable or before January 23, 2004. reduction system that will inert the temperature ranges as a function of ADDRESSES: Comments on this proposal center fuel tanks with nitrogen-enriched pressure altitude are more within may be mailed in duplicate to: Federal air. Though the provisions of § 25.981, normal temperatures at altitudes, Aviation Administration, Transport as amended by Amendment 25–102, airplane fuel tanks are flammable for a Airplane Directorate, Attn: Rules Docket will apply to this design change, these much larger portion of the flight. (ANM–113), Docket No. NM270, 1601 special conditions are being proposed to Most commercial transports are Lind Avenue SW., Renton, Washington, address novel design features. approved for operation at altitudes in 98055–4056; or delivered in duplicate to Regulations used as the standard for the range of 30,000 to 45,000 feet. The the Transport Airplane Directorate at certification of transport category FAA has always assumed that airplanes

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would be operated with flammable fuel the Federal Register (62 FR 16014) that Document Management System on the vapors in their fuel tank ullage. requested comments concerning the Internet at http://dms.dot.gov. Commercial transports operated in the 1996 NTSB recommendations regarding The report provided a United States, and in most overseas reduced flammability. That notice recommendation for the FAA to initiate locales, use Jet A or Jet A–1 fuel, which provided significant discussion of the rulemaking action to amend § 25.981, typically limits exposure to operation in service history, background, and issues applicable to new type design airplanes, the flammability range to warmer days. related to reducing flammability in to include a requirement to limit the time transport airplane fuel tanks could Fire Triangle transport airplane fuel tanks. Comments submitted to that notice indicated operate with flammable vapors in the Three conditions must be present in additional information was needed vapor space of the tank. The a fuel tank to support combustion. before the FAA could initiate recommended regulatory text proposed, These include the presence of a suitable rulemaking action to address all of the ‘‘Limiting the development of amount of fuel vapor, the presence of recommendations. flammable conditions in the fuel tanks, sufficient oxygen, and the presence of Past safety initiatives by the FAA and based on the intended fuel types, to less an ignition source. This has been named industry to reduce the likelihood of fuel than 7 percent of the expected fleet the fire triangle. Each point of the tank explosions resulting from post operational time, or providing means to triangle represents one of these crash ground fires have evaluated means mitigate the effects of an ignition of fuel conditions. Because of technological to address other factors of the fire vapors within the fuel tanks such that limitations in the past, the FAA triangle. Previous attempts were made any damage caused by an ignition will philosophy regarding the prevention of to develop commercially viable systems not prevent continued safe flight and fuel tank explosions to ensure airplane or features that would reduce or landing.’’ The report included a safety was to only preclude ignition eliminate other aspects of the fire discussion of various options for sources within fuel tanks. This triangle (fuel or oxygen) such as fuel showing compliance with this proposal, philosophy included application of fail- tank inerting or ullage space vapor including managing heat input to the safe design requirements to fuel tank ‘‘scrubbing’’ (ventilating the tank ullage fuel tanks, installation of inerting components (lightning design with air to remove fuel vapor to prevent systems or polyurethane fire requirements, fuel tank wiring, fuel tank the accumulation of flammable suppressing foam, and suppressing an temperature limits, etc.) that are concentrations of fuel vapor). Those explosion if one occurred. intended to preclude ignition sources The level of flammability defined in initial attempts proved to be impractical from being present in fuel tanks even the proposal was established based on a for commercial transport airplanes due when component failures occur. comparison of the safety record of to the weight, complexity, and poor center wing fuel tanks that, in certain Need To Address Flammability reliability of the systems, or undesirable airplanes, are heated by equipment Three accidents have occurred in the secondary effects such as unacceptable located under the tank, and unheated last 13 years as the result of unknown atmospheric pollution. fuel tanks located in the wing. The ignition sources within the fuel tank in Fuel Tank Harmonization Working ARAC concluded that the safety record spite of past efforts, highlighting the Group of fuel tanks located in the wings with difficulty in continuously preventing a flammability exposure of 2 to 4 ignition from occurring within fuel On January 23, 1998, the FAA percent of the operational time was tanks. In 1996 the National published a notice in the Federal adequate and that if the same level Transportation Safety Board (NTSB) Register that established an Aviation could be achieved in center wing fuel issued recommendations to improve Rulemaking Advisory Committee tanks, the overall safety objective would fuel tank safety that included (ARAC) working group, the Fuel Tank be achieved. The thermal analyses prevention of ignition sources and Harmonization Working Group documented in the report revealed that addressing fuel tank flammability, i.e., (FTHWG). The FAA tasked the FTHWG center wing fuel tanks that are heated by the other two points of the fire triangle. with providing a report to the FAA air conditioning equipment located The FAA initiated safety reviews of recommending regulatory text to beneath them contain flammable vapors, all larger transport airplane type address limiting fuel tank flammability on a fleet average basis, in the range of certificates to review the fail-safe in both new type certificates and the 15 to 30 percent of the fleet operating features of previously approved designs fleet of in service airplanes. The ARAC time. and also initiated research into the consists of interested parties, including During the ARAC review, it was also feasibility of amending the regulations the public, and provides a public determined that certain airplane types to address fuel tank flammability. process to advise the FAA concerning do not locate heat sources adjacent to Results from the safety reviews development of new regulations. [Note: the fuel tanks and have significant indicated a significant number of single The FAA formally established ARAC in surface areas that allow cooling of the and combinations of failures that can 1991 (56 FR 2190, January 22, 1991), to fuel tank by outside air. These airplanes result in ignition sources within the fuel provide advice and recommendations provide significantly reduced tanks. The FAA has adopted rulemaking concerning the full range of the FAA’s flammability exposure, near the 2 to 4 to require design and/or maintenance safety-related rulemaking activity.] percent value of the wing tanks. The actions to address these issues; The FTHWG evaluated numerous group therefore determined that it however, past experience indicates possible means of reducing or would be feasible to design new unforeseen design and maintenance eliminating hazards associated with airplanes such that fuel tank operation errors can result in development of explosive vapors in fuel tanks. On July in the flammable range would be ignition sources. These findings show 23, 1998, the ARAC submitted its report limited to nearly that of the wing fuel minimizing or preventing the formation to the FAA. The full report is in the tanks. Findings from the ARAC report of flammable vapors by addressing the docket created for this ARAC working indicated that the primary method of flammability points of the fire triangle group (Docket No. FAA–1998–4183). compliance available at that time with will enhance fuel tank safety. On April This docket can be reviewed on the U.S. the requirement proposed by the ARAC 3, 1997, the FAA published a notice in Department of Transportation electronic would likely be to control heat transfer

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into and out of fuel tanks such that 25.981–2, ‘‘Fuel Tank Flammability to inert civilian transport airplane fuel heating of the fuel would not occur. Minimization.’’ Like all advisory tanks from ignition sources resulting Design features such as locating the air material, these advisory circulars from airplane system failures and conditioning equipment away from the describe an acceptable means, but not malfunctions that have much lower fuel tanks, providing ventilation of the the only means, for demonstrating energy. This FAA research established a air conditioning bay to limit heating and compliance with the regulations. maximum value of 12 percent as being adequate at sea level. The test results are to cool fuel tanks, and/or insulating the FAA Research tanks from heat sources, would be currently available on FAA Web site: practical means of complying with the In addition to the notice published in http://www.fire.tc.faa.gov/pdf/tno2- regulation proposed by the ARAC. the Federal Register on April 3, 1997, 79.pdf and will be published in FAA In addition to its recommendation to the FAA initiated research to provide a Technical Note ‘‘Limiting Oxygen revise § 25.981, the ARAC also better understanding of the ignition Concentrations Required to Inert Jet recommended that the FAA continue to process of commercial aviation fuel Fuel Vapors Existing at Reduced Fuel evaluate means for minimizing the vapors and to explore new concepts for Tank Pressures,’’ report number DOT/ development of flammable vapors reducing or eliminating the presence of FAA/AR–TN02/79. As a result of this within the fuel tanks to determine flammable fuel air mixtures within fuel research, the quantity of nitrogen- whether other alternatives, such as tanks. enriched air that is needed to inert ground-based inerting of fuel tanks, Fuel Tank Inerting commercial airplane fuel tanks was could be shown to be cost effective. lessened so that an effective To address the ARAC In the public comments received in flammability reduction system can now recommendations, the FAA continued response to the 1997 notice there was be smaller and less complex than was with research and development activity reference made to hollow fiber originally assumed. The 12 percent to determine the feasibility of requiring membrane technology that had been value is based on the limited energy inerting for both new and existing developed and was in use in other sources associated with an electrical arc designs. applications, such as the medical that could be generated by airplane community, to separate oxygen from system failures on typical transport FAA Rulemaking Activity nitrogen in air. Air is made up of about airplanes and does not include events Based in part on the ARAC 78 percent nitrogen and 21 percent such as explosives, turbulent flow flame recommendations to limit the oxygen, and the hollow fiber propagation, or hostile fire. flammability on new type designs, the membranes act as a molecular sieve, As previously discussed, existing fuel FAA developed and published using the size difference between the tank system requirements (contained in Amendment No. 25–102 in the Federal nitrogen and oxygen molecules to earlier Civil Air Regulation (CAR) 4b Register on May 7, 2001 (66 FR 23085). separate the nitrogen-enriched air (NEA) and now in 14 Code of Federal The amendment includes changes to from the oxygen. In airplane Regulations (CFR) part 25) have focused § 25.981 that require minimization of applications NEA is produced when solely on prevention of ignition sources. fuel tank flammability to address both pressurized air from the airplane The flammability reduction system is reduction in the time fuel tanks contain engines is forced through the hollow intended to add an additional layer of flammable vapors, (new § 25.981(c)), fibers. The NEA is then directed, at safety by reducing the exposure to and additional changes regarding appropriate nitrogen concentrations, flammable vapors in the heated center prevention of ignition sources in fuel into the ullage space of fuel tanks and wing tank, not necessarily eliminating tanks. The new § 25.981(c) is based on displaces the normal fuel vapor/air them under all operating conditions. the FTHWG recommendation to achieve mixture in the tank. Consequently, ignition prevention a safety level equivalent to that achieved Use of the hollow fiber technology measures will still be the principal layer by the fleet of transports with unheated allowed nitrogen to be separated from of defense in fuel system safety, now aluminum wing tanks, between 2 to 4 air which eliminated the need to carry augmented by substantially reducing the percent flammability. The FAA stated in and store the nitrogen in the airplane. time that flammable vapors are present the preamble to Amendment 25–102 Researchers were aware of the earlier in higher flammability tanks. It is that the intent of the rule was to— system’s shortcomings in the areas of expected that by combining these two weight, reliability, cost, and approaches, particularly for tanks with * * * require that practical means, such as transferring heat from the fuel tank (e.g., use performance. Recent advances in the high flammability exposures, such as of ventilation or cooling air), be incorporated technology have resolved those the heated center wing tank or tanks into the airplane design if heat sources were concerns and eliminated the need for with limited cooling, risks for future placed in or near the fuel tanks that storing nitrogen on board the airplane. fuel tank explosions can be substantially significantly increased the formation of reduced. flammable fuel vapors in the tank, or if the Criteria for Inerting tank is located in an area of the airplane Earlier fuel tank inerting designs Boeing Application for Certification of where little or no cooling occurs. The intent produced for military applications were a Fuel Tank Inerting System of the rule is to require that fuel tanks are not based on defining ‘‘inert’’ as a maximum On November 15, 2002, Boeing heated, and cool at a rate equivalent to that of a wing tank in the transport airplane being oxygen concentration of 9 percent. This Commercial Airplanes applied for a evaluated. This may require incorporating value was established by the military for change to Type Certificate A20WE to design features to reduce flammability, for protection of fuel tanks from battle modify Model 747–100/200B/200F/ example cooling and ventilation means or damage. One major finding from the 200C/SR/SP/100B/300/100B SUD/400/ inerting for fuel tanks located in the center FAA’s research and development efforts 400D/400F series airplanes to wing box, horizontal stabilizer, or auxiliary was the determination that the 9 percent incorporate a new flammability fuel tanks located in the cargo compartment. maximum oxygen concentration level reduction system that inerts the center Advisory circulars associated with benchmark established to protect fuel tanks with nitrogen-enriched air. Amendment 25–102 include AC military airplanes from high-energy The Model 747–100/200B/200F/200C/ 25.981–1B, ‘‘Fuel Tank Ignition Source ignition sources encountered in battle SR/SP/100B/300/100B SUD/400/400D/ Prevention Guidelines,’’ and AC was significantly lower than that needed 400F series airplanes, approved under

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Type Certificate No. A20WE, are four- Special conditions are initially may introduce a hazard to the airplane engine transport airplanes with a applicable to the model for which they if not properly addressed. passenger capacity up to 624 depending are issued. Should the type certificate Boeing originally proposed that the upon the submodel. These airplanes for that model be amended later to system be operated only during flight have an approximate maximum gross include any other model that and that the center tank would continue weight of 910,000 lbs with an operating incorporates the same or similar novel to be inert upon landing and remain range up to 7,700 miles. or unusual design feature, or should any inert during normal ground procedures. other model already included on the Boeing has more recently stated that the Type Certification Basis same type certificate be modified to FRS may be operated on the ground. Under the provisions of § 21.101, incorporate the same or similar novel or Boeing has proposed that limited Boeing Commercial Airplanes must unusual design feature, the special dispatch relief for operation with an show that the Model 747–100/200B/ conditions would also apply to the other inoperative NGS be allowed. Boeing has 200F/200C/SR/SP/100B/300/100B SUD/ model under the provisions of § 21.101. initially proposed a 10-day master minimum equipment list (MMEL) relief 400/400D/400F series airplanes, as Novel or Unusual Design Features changed, continue to meet the for the system. Boeing originally applicable provisions of the regulations Boeing has applied for approval of a proposed that there be no cockpit or incorporated by reference in Type flammability reduction system (FRS) to maintenance indication onboard for the Certificate No. A20WE, or the applicable minimize the development of flammable NGS, and that periodic maintenance, regulations in effect on the date of vapors in the center fuel tanks of Model using ground service equipment, be application for the change. The 747–100/200B/200F/200C/SR/SP/100B performed to verify system operation. regulations incorporated by reference in SUD/400/400D/400F series airplanes. More recently Boeing has stated that to the type certificate are commonly Boeing also plans to seek approval of meet system reliability and availability referred to as the ‘‘original type this system on Boeing Model 737, 757, objectives, built-in test functions would certification basis.’’ The regulations 767, and 777 airplanes. be included and system status incorporated by reference in Type Boeing has proposed to voluntarily indication of some kind would be comply with § 25.981(c), Amendment Certificate A20WE include 14 CFR part provided but the indication would not 25–102, which is normally only 25, dated February 1, 1965, as amended be provided in the cockpit. The applicable to new type designs or type by Amendments 25–1 through 25–70, reliability of the system is expected to design changes affecting fuel tank except for special conditions and be designed to achieve a mean time flammability. The provisions of § 21.101 exceptions noted in Type Certificate between failure (MTBF) of 5000 hours require Boeing to also comply with Data Sheet A20WE. or better. §§ 25.981(a) and (b), Amendment In addition, if the regulations 25–102, for the changed aspects of the Discussion incorporated by reference do not airplane by showing that the FRS does The FAA policy for establishing the provide adequate standards with respect not introduce any additional potential type design approval basis of the to the change, the applicant must sources of ignition into the fuel tanks. proposed FRS design will result in comply with certain regulations in effect The proposed FRS uses a nitrogen application of §§ 25.981(a) and (b), on the date of application for the generation system (NGS) that comprises Amendment 25–102, for the proposed change. The FAA has determined that a bleed-air shutoff valve, ozone changes to the airplane that might the FRS installation on the Boeing converter, heat exchanger, air increase the risk of ignition of fuel Model 747–100/200B/200F/200C/SR/ conditioning pack air cooling flow vapors. Boeing will therefore be SP/100B/300/100B SUD/400/400D/400F shutoff valve, filter, air separation required to substantiate that changes series airplanes must also be shown to module, temperature regulating valve introduced by the FRS system will meet comply with § 25.981 at Amendment controller and sensor, high-flow descent the ignition prevention requirements of 25–102. control valve, float valve, and system §§ 25.981(a) and (b), Amendment 25– If the Administrator finds that the ducting. The system will be located in 102 and other applicable regulations. applicable airworthiness regulations (14 the air conditioning pack bay below the With respect to compliance with CFR part 25) do not contain adequate or center wing fuel tank. Engine bleed air § 25.981(c), AC 25.981–2 provides appropriate safety standards for the from the existing engine pneumatic guidance in addressing minimization of Boeing Model 747–100/200B/200F/ bleed source will flow through a control fuel tank flammability within a heated 200C/SR/SP/100B/300/100B SUD/400/ valve into an ozone converter and then fuel tank, but there are no specific 400D/400F series airplanes because of a through a heat exchanger, where it will regulations that address the design and novel or unusual design feature, special be cooled using outside cooling air. The installation of an FRS that inerts the fuel conditions are prescribed under the cooled air will flow through a filter into tank. Since Amendment 25–102 was provisions of § 21.16. an air separation module (ASM) that adopted, significant advancements in In addition to the applicable will generate nitrogen-enriched air inerting technology have reduced the airworthiness regulations and special (NEA), which will be supplied to the size and complexity of inerting systems. conditions, the Model 747–100/200B/ center fuel tank, and also discharge Developments in inerting technology 200F/200C/SR/SP/100B/300/100B SUD/ oxygen-enriched air (OEA). The OEA have made it practical to significantly 400/400D/400F series airplanes must from the ASM will be mixed with reduce fuel tank flammability below the comply with the fuel vent and exhaust cooling air from the heat exchanger to levels required within the rule. emission requirements of 14 CFR part dilute the oxygen concentration and However, due to factors such as the 34 and the acoustical change then exhausted overboard. The FRS will limited availability of bleed air and requirements of § 21.93(b). also include modifications to the fuel electrical power, it is not considered Special conditions, as defined in vent system to minimize dilution of the practical at this time to develop systems § 11.19, are issued in accordance with nitrogen-enriched ullage in the center for retrofit into existing airplane designs § 11.38 and become part of the type tank due to cross-venting characteristics that can maintain a non-flammable tank certification basis in accordance with of the existing center wing fuel tank ullage in all fuel tanks or during all § 21.101. vent design. Certain features of the FRS operating conditions. The FAA also

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recognizes that fuel tank flammability fuel tanks. The Monte Carlo analysis determined from the tank thermal reduction systems could be developed calculates values for the parameter of model, the atmospheric pressure in the that would meet the flammability interest by randomly selecting values for fuel tank, and properties of the fuel requirements of § 25.981(c), each of the uncertain variables from loaded for a given flight, which is Amendment 25–102, but may not distribution tables. This calculation is randomly selected from a database preclude fuel tanks from routinely being conducted over and over to simulate a consisting of worldwide data. The flammable under the specific operating process where the variables are random criteria in the model is based on the conditions present when recent within defined distributions. The results assumption that as these variables accidents occurred. of a large number of flights can then be change, the concentration of vapors in used to approximate the results of the the tank instantaneously stabilizes and Definition of ‘‘Inert’’ real world exposure of a large fleet of that the fuel tank is at a uniform The definition of ‘‘inert’’ within these airplanes. temperature. This model does not proposed special conditions provides Factors that are considered in the include consideration of the time lag for that all portions of the tank under Monte Carlo analysis included in these the vapor concentration to reach evaluation, including the bulk average special conditions include those equilibrium, the condensation of fuel of individual compartments, are equal affecting all airplane models in the vapors from differences in temperature to or less than the 12 percent oxygen transport airplane fleet such as: a that occur in the fuel tanks, or the effect limit at sea level. This is necessary statistical distribution of ground, of mass loading (times when the fuel because fuel tanks that are overnight, and cruise air temperatures tank is at the unusable fuel level and compartmentalized may encounter likely to be experienced worldwide, a there is insufficient fuel at a given localized oxygen concentrations in one statistical distribution of likely fuel temperature to form flammable vapors). or more compartments that exceed the types, and properties of those fuels, a 12 percent value. Currently there is not definition of the conditions when the Definition of Transport Effects adequate data available to establish tank in question will be considered The effects of mass loading and the whether exceeding the 12 percent limit flammable, and those affecting specific effects of fuel vaporization and in one compartment of a fuel tank could airplane models such as climb and condensation with time and create a hazard. For example, ignition of descent profiles, fuel management, heat temperature changes, referred to as vapors in one compartment could result transfer characteristics of the fuel tanks, ‘‘transport effects’’ in these proposed in a flame front within the compartment statistical distribution of flight lengths special conditions, are excluded from that travels to adjacent compartments (mission durations) expected for the consideration in the Monte Carlo model and results in an ignition source that airplane model worldwide, etc. To used for demonstrating compliance with exceeds the ignition energy values used quantify the fleet exposure, the Monte these proposed special conditions. to establish the 12 percent limit. Carlo analysis approach is applied to a These effects have been excluded Therefore, ignition in other statistically significant number because they were not considered in the compartments of the tank may be (1,000,000) of flights where each of the original ARAC analysis, which was possible. Technical discussions with the factors described above is randomly based on a relative measure of applicant indicate the pressure rise in a selected. The flights are then selected to flammability. For example, the 3 fuel tank that was at or near the 12 be representative of the fleet using the percent flammability value established percent oxygen concentration level defined distributions of the three by the ARAC as the benchmark for fuel would likely be well below the value variables. For example, flight one may tank safety for wing fuel tanks did not that would rupture a typical transport be a short mission on a cold day with include the effects of cooling of the airplane fuel tank. While this may be an average flash point fuel, and flight wing tank surfaces and the associated possible to show, it is not within the two may be a long mission on an condensation of vapors from the tank scope of these proposed special average day with a low flash point fuel, ullage. If this effect had been included conditions. Therefore, the effect of the and on and on until 1,000,000 flights in the wing tank flammability definition of ‘‘inert’’ within these have been defined in this manner. For calculation, it would have resulted in a proposed special conditions is that the every one of the 1,000,000 flights, the significantly lower wing tank bulk average of each individual time that the fuel temperature is above flammability benchmark value. The compartment or bay of the tank be the flash point of the fuel is calculated ARAC analysis also did not consider the evaluated and shown to meet the and used as the parameter that effects of mass loading which would oxygen concentration limits specified in established whether the fuel tank is significantly lower the calculated the definitions section of these proposed flammable. Averaging the results for all flammability value for fuel tanks that special conditions (12 percent or less at 1,000,000 flights provides an average are routinely emptied, e.g., center wing sea level) to be considered inert. percentage of the flight time that any tanks. The FAA and JAA have particular flight is considered to be determined that using the ARAC Determining Flammability flammable. While these special methodology provides a suitable basis The methodology for determining fuel conditions do not require that the for determining the adequacy of an FRS tank flammability defined for use in analysis be conducted for 1,000,000 system. these proposed special conditions is flights, the accuracy of the Monte Carlo Flammability Limit based on that used by ARAC to compare analysis improves as the number of the flammability of unheated aluminum flights increases. Therefore, to account The FAA, in conjunction with the wing fuel tanks to that of tanks that are for this improved accuracy Appendix 2 Joint Airworthiness Authorities (JAA) heated by adjacent equipment. The of the special conditions defines lower and Transport Canada, has developed ARAC evaluated the relative flammability limits if the applicant criteria within these proposed special flammability of airplane fuel tanks using chooses to use fewer than 1,000,000 conditions that require overall fuel tank a statistical analysis commonly referred flights. flammability to be limited to 3 percent to as a ‘‘Monte Carlo’’ analysis that The determination of whether the fuel of the fleet average operating time. This considered a number of factors affecting tank is flammable is based on the overall average flammability limit formation of flammable vapors in the temperature of the fuel in the tank consists of times when the system

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performance cannot maintain an inert special conditions. Flight test interval. The approved interval will be tank ullage, primarily during descent demonstration and analysis will be established by the Flight Operations when the change in ambient pressures required to demonstrate that the Evaluation Board (FOEB) based on data draws air into the fuel tanks and those performance of the inerting system is submitted by the applicant to the FAA. times when the FRS is inoperative due effective in inerting the tank during The MMEL dispatch interval is one of to failures of the system and dispatch those portions of ground and the flight the factors affecting system reliability with the system inoperative. operations where inerting is needed to analyses that must be considered early meet the flammability requirements of Specific Risk Flammability Limit in the design of the FRS, prior to FAA these proposed special conditions. approval of the MMEL. Boeing has These proposed special conditions Various means may be used to ensure requested that the authorities agree to a also include a requirement to limit fuel system reliability and performance. MMEL inoperative dispatch interval to tank flammability to 3 percent during These may include: system integrity be used for design of the system. Data ground operations, takeoff, and climb monitoring and indication, redundancy phases of flight to address the specific of components, and maintenance presented by Boeing indicates that risk associated with operation during actions. A combination of maintenance certain systems on the airplane are warmer day conditions when accidents indication and/or maintenance check routinely repaired prior to the have occurred. The specific risk procedures will be required to limit maximum allowable interval. These requirement is intended to establish exposure to latent failures within the proposed special conditions require an minimum system performance levels system, or high inherent reliability is MMEL dispatch inoperative interval of and therefore the 3 percent flammability needed to assure the system will meet 60 hours to be used in the analysis as limit excludes reliability related the fuel tank flammability requirements. representative of the mean time for contributions, which are addressed in The inerting system proposed by the which an inoperative condition may the average flammability assessment. applicant does not incorporate occur for the 10-day MMEL maximum The specific risk requirement may be redundant features and includes a interval requested, and that Boeing met by conducting a separate Monte number of components essential for include actual dispatch inoperative Carlo analysis for each of the specific proper system operation. Past interval data in the quarterly reports phases of flight during warmer day experience has shown inherent required by these special conditions. conditions defined in the special reliability of this type of system would Boeing may request to use an alternative conditions, without including the times be difficult to achieve. Therefore, if interval in the reliability analysis. Use when the FRS is not available because system maintenance indication is not of a value less than 60 hours would be of failures of the system or dispatch provided for features of the system a factor considered by the FOEB in with the FRS inoperative. essential for proper system operation, establishing the maximum MMEL system functional checks will be Inerting System Indications dispatch limit. The reporting required for these features. At a requirement will provide data necessary Fleet average flammability exposure minimum, proper function of essential to validate that the reliability of the FRS involves several elements, including— features of the system should be achieved in service meets the levels • The time the FRS is working validated once per day by maintenance used in the analysis. properly and inerts the tank or when the review of indications or functional tank is not flammable; checks, possibly prior to the first flight Appropriate maintenance and • The time when the FRS is working of the day. The determination of a operational limitations with the FRS properly but fails to inert the tank or proper interval and procedure will inoperative may also be required and part of the tank, because of mission follow completion of the certification noted in the MMEL. The MMEL variation or other effects; testing and demonstration of the limitations and any operational • The time the FRS is not functioning system’s reliability and performance procedures should be established based properly and the operator is unaware of prior to certification. on results of the Monte Carlo the failure; and Any features or maintenance actions assessment, including possible effects of • The time the FRS is not functioning needed to achieve the minimum the risk associated with portions of the properly and the operator is aware of reliability of the FRS will result in fuel fleet that operate in warmer climates the failure and is operating the airplane system airworthiness limitations as where the fuel tanks are flammable a for a limited time under MEL relief. defined in § 25.981(b). Boeing will be significant portion of the operational The applicant may propose that required to include in the instructions time when not inert. While the system MMEL relief is provided for aircraft for continued airworthiness (ICA) the operation with the FRS unavailable; reliability analysis may show that even replacement times, inspection intervals, with an MMEL allowing very long however, it is considered a safety inspection procedures, and the fuel inoperative intervals, it is possible to system that should be operational to the system limitations required by achieve an overall average fleet maximum extent practical. Therefore, § 25.981(b). Overall system performance these proposed special conditions and reliability must achieve a fleet exposure equal to or less than that of a include reliability and reporting average flammability that meets the typical unheated aluminum wing tank, requirements to enhance system requirements of these special the intent of the rule is to minimize reliability so that dispatch of airplanes conditions. If the system reliability falls flammability and the shortest practical with the FRS inoperative would be very to a point where the fleet flammability MMEL relief interval should be infrequent. Cockpit indication of the exposure exceeds these requirements, proposed. To ensure limited airplane system function that is accessible to the Boeing will be required to define operation with the system inoperative flightcrew is not an explicit appropriate corrective actions, to be and to meet the reliability requirements requirement, but may be required if the approved by the FAA, that will bring of these proposed special conditions, results of the Monte Carlo analysis show the exposure back down to the appropriate level messages that are the system cannot otherwise meet the acceptable level. needed to comply with any dispatch flammability and reliability Boeing has proposed that the FRS be limitations of the MMEL must be requirements defined in these proposed eligible for a 10-day MMEL dispatch provided.

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Confined Space Hazard Markings Boeing Model 747–100/200B/200F/ vapor to ignite momentarily, or ‘‘flash.’’ Introduction of the FRS will result in 200C/SR/SP/100B SUD/400/400D/400F The test for jet fuel is defined in the NEA within the fuel tanks and the series airplanes. Should the type ASTM specification, D56, ‘‘Standard possibility of NEA in compartments certificate be amended later to include Test Method for Flash Point by Tag adjacent to the fuel tanks if leakage from any other model that incorporates the Close Cup Tester.’’ the tank or NEA supply lines were to same or similar novel or unusual design (c) Ignition Energy. The minimum occur. Lack of oxygen in these areas feature, or should any other model amount of energy required to ignite fuel could be hazardous to maintenance already included on the same type vapors. The inert oxygen concentration personnel, the passengers, or flightcrew. certificate be modified to incorporate levels, described below in the definition These proposed special conditions the same or similar novel or unusual for inert, were established using introduce requirements to address this design feature, the special conditions approximately a 0.5 Joule spark. issue. would also apply to the other model (d) Inert. For the purpose of these under the provisions of § 21.101. special conditions, the tank is Affect of FRS on Auxiliary Fuel Tank considered inert when the bulk oxygen Conclusion System Supplemental Type Certificates concentration within each compartment Boeing plans to offer a service bulletin This action affects only certain novel of the tank is 12 percent or less at sea that will install the FRS on existing in- or unusual design features on Boeing level up to 10,000 feet, then linearly service airplanes. Some in-service Model 747–100/200B/200F/200C/SR/ increasing from 12 percent at 10,000 feet airplanes have auxiliary fuel tank SP/100B SUD/400/400D/400F series to 14.5 percent at 40,000 feet. systems installed that interface with the airplanes. It is not a rule of general (e) Inerting. A process where a center wing tank. The Boeing FRS applicability and affects only the noncombustible gas is introduced into design is intended to provide inerting of applicant who applied to the FAA for the ullage of a fuel tank so that the the fuel tank volume of the 747 and approval of these features on the ullage becomes inert. does not include consideration of the airplane. (f) Monte Carlo Analysis. An auxiliary tank installations. Installation List of Subjects in 14 CFR Part 25 analytical tool that provides a means to of the FRS on existing airplanes with assess the degree of flammability auxiliary fuel tank systems may Aircraft, Aviation safety, Reporting exposure time for a fuel tank. See therefore require additional and recordkeeping requirements. Appendices 1 and 2 of these special modifications to the auxiliary fuel tank The authority citation for these conditions for specific requirements for system to prevent development of a special conditions is as follows: conducting the Monte Carlo analysis. condition that may cause the tank to Authority: 49 U.S.C. 106(g), 40113, 44701, (g) Operational Time. For the purpose exceed the 12 percent oxygen limit. The 44702, 44704. of these special conditions, the time from the start of preparing the airplane FAA will address these issues during The Proposed Special Conditions development and approval of the for flight (that is, starting and service bulletin for the FRS. Accordingly, the Federal Aviation connecting the auxiliary or ground Administration (FAA) proposes the power unit to the aircraft electrical Disposal of Oxygen-Enriched Air following special conditions as part of system) through securing all power The FRS produces both nitrogen- the type certification basis for Boeing sources following flight termination. enriched air (NEA) and oxygen-enriched Model 747–100/200B/200F/200C/ SR/ (h) Ullage, or Ullage Space. The air (OEA). The OEA generated by the SP/100B SUD/400/400D/400F series volume within the tank not occupied by FRS could result in a fire hazard if not airplanes, modified by Boeing liquid fuel at the time interval under disposed of properly. The OEA Commercial Airplanes, to include a evaluation. produced in the proposed design is flammability reduction system (FRS) (i) Hazardous atmosphere: An diluted with air from a heat exchanger, that uses a nitrogen generation system to atmosphere that may expose employees which is intended to reduce the OEA inert the center wing tank with nitrogen- to the risk of death, incapacitation, concentration to non-hazardous levels. enriched air (NEA). impairment of ability to self-rescue (that Special requirements are included in Compliance with these proposed is, escape unaided from a space), injury, these proposed special conditions to special conditions does not relieve the or acute illness. address potential leakage of OEA due to applicant from compliance with the II. System Performance and Reliability failures and safe disposal of the OEA existing certification requirements. during normal operation. The FRS, for the airplane model I. Definitions. To ensure that an acceptable level of under evaluation, must comply with the safety is achieved for the modified (a) Flammable. With respect to a fluid performance and reliability airplanes using a system that inerts or gas, flammable means susceptible to requirements as follows: heated fuel tanks with nitrogen- igniting readily or to exploding (14 CFR (a) The applicant must submit a enriched air, special conditions (per part 1, Definitions). A non-flammable Monte Carlo analysis, as defined in § 21.16) are needed to address the ullage is one where the gas mixture is Appendices 1 and 2 of these special unusual design features of a too lean or too rich to burn and/or is conditions that— flammability reduction system. These inert per the definition below. For the (1) Demonstrates that the overall fleet proposed special conditions contain the purposes of these special conditions, a flammability exposure of each fuel tank additional safety standards that the fuel tank is considered flammable when with an FRS installed is equal to or less Administrator considers necessary to the bulk fuel temperature within any than 3 percent of operational time; and establish a level of safety equivalent to compartment of the tank is within the (2) Demonstrates that neither the that established by the existing flammable range for the fuel type being performance (when the FRS is airworthiness standards. used. operational) nor reliability (including all (b) Flash Point. The flash point of a periods when the FRS is inoperative) Applicability flammable fluid is defined as the lowest contributions to the 3 percent overall As discussed above, these proposed temperature at which the application of fleet flammability exposure of a tank special conditions are applicable to the a flame to a heated sample causes the with an FRS installed are more than 1.8

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percent (this will establish appropriate III. Maintenance (4) Overnight Temperature Drop—as maintenance inspection procedures and defined in Appendix 2 of these special (a) Airworthiness Limitations must be conditions. intervals as required in paragraph III(a) identified for all maintenance and/or of these special conditions). (5) Flash Point—as defined in Appendix 2 inspection tasks required to identify of these special conditions. (b) The applicant must submit a failures of components within the FRS (6) Fuel Burn—as defined by airplane Monte Carlo analysis that demonstrates that are needed to meet paragraphs II(a), performance. that the FRS, when functional, reduces (b), and (c) of these special conditions. (7) Fuel Load—as defined by airplane the overall fleet flammability exposure (b) The applicant must provide the performance. of each fuel tank with an FRS installed maintenance procedures that will be (8) Fuel Transfer—as defined by airplane for warm day ground and climb phases necessary and present a design review performance. (9) Fueling—as defined by airplane to a level equal to or less than 3 percent that identifies any hazardous aspects to of operational time in each of these performance. be considered during maintenance of (10) Ground Temperature—as defined in phases for the following conditions— the FRS that will be included in the Appendix 2 of these special conditions. (1) The analysis must use the subset instructions for continued airworthiness (11) Mach Number—as defined by airplane of 80° F and warmer days from the (ICA) or appropriate maintenance performance. Monte Carlo analyses done for overall documents. (12) Mission Distribution—the applicant performance; and (c) To ensure that the implications of must either provide their own data with (2) The flammability exposure must component failures affecting the FRS are substantiation or use what is defined in be calculated by comparing the time adequately assessed on an on-going Appendix 2 of these special conditions for mission distribution. during ground and climb phases for basis, the applicant must— (13) Oxygen Evolution—as defined by which the tank was flammable and not (1) Demonstrate effective means to airplane performance or as defined in inert, with the total time for the ground ensure collection of FRS reliability data. Appendix 2 of these special conditions. and climb phases. The means must provide data affecting (14) Range—as defined by airplane (c) The applicant must provide data FRS availablity, such as component performance. from ground testing, and flight testing failures, and the FRS inoperative (15) Tank Thermal Characteristics—as that— intervals due to dispatch under the defined by airplane performance. (1) Validate the inputs to the Monte MMEL; (16) Descent Profile Distribution—the (2) Provide a report to the FAA on a applicant must either provide its own fleet Carlo analysis needed to meet representative distribution with paragraphs II(a), (b), and (c) of these quarterly basis for the first five years of substantiation or use a fixed 2500 feet per special conditions; and service introduction. After that period, minute descent rate. (2) Substantiate that the NEA continued quarterly reporting may be (b) The assumptions for the analysis must distribution is effective at inerting all replaced with other reliability tracking include— portions of the tank where the inerting methods found acceptable to the FAA or (1) Predicted system performance; system is needed to show compliance eliminated if it is established that the (2) Vent losses due to crosswind effects with these paragraphs. reliability of the FRS meets, and will and airplane performance; continue to meet, the exposure (3) Periods when the system is operating (d) The applicant must validate that properly but fails to inert the tank; the FRS meets the requirements of requirements of paragraphs II(a) and (4) Expected system reliability; and paragraphs II(a), (b), and (c) of these II(b) of these special conditions; (5) The MMEL/MEL dispatch inoperative special conditions with any (3) Provide a report to the validating period assumed in the reliability analysis, (60 combination of engine model, engine authorities for a period of at least two flight hours must be used for a 10-day MMEL thrust rating, fuel type, and relevant years following introduction to service; dispatch limit unless an alternative period pneumatic system configuration and has been approved by the FAA), including approved for the airplane. (4) Develop service instructions or action to be taken when dispatching with the revise the applicable airplane manual, FRS inoperative (Note: The actual MMEL (e) Sufficient accessibility for dispatch inoperative period data must be maintenance personnel, or the per a schedule agreed upon by the FAA, to correct any failures of the FRS that included in the engineering reporting flightcrew, must be provided to FRS requirement of paragraph III(c)(1) of these status indications that are necessary to occur in service that could increase the special conditions); meet the reliability requirements of fleet flammability exposure of the tank (6) Possible periods of system inoperability paragraph II(a) of these special to more than 3 percent. due to latent or known failures, including airplane system shut-downs and failures that conditions. Appendix 1 (f) The access doors and panels to the could cause the FRS to shut down or become Monte Carlo Analysis inoperative; and fuel tanks (including any tanks that (7) Affects of failures of the FRS that could communicate with an inerted tank via a (a) A Monte Carlo analysis must be conducted for the fuel tank under evaluation increase the flammability of the fuel tank. vent system), and to any other enclosed (c) The variation assumed in the analysis to determine fleet average flammability on each of the parameters (as identified areas that could contain NEA in the exposure for the airplane and fuel type under under paragraph (a) of this appendix) that event of a system failure, must be evaluation. An analysis for a fuel tank is affect flammability must be stated and permanently stenciled, marked, or defined in Appendix 2 of these special substantiating data must be included. placarded as appropriate to warn conditions and must be used as the basis for maintenance crews of the presence of a development of the Monte Carlo analysis to Appendix 2 potentially hazardous atmosphere. satisfy these special conditions. Parameters (g) Oxygen-enriched air produced by used in the Monte Carlo analysis must I. Monte Carlo Model the nitrogen generation system must not include: The FAA has developed a Monte Carlo create a hazard during normal operating (1) FRS Performance—as defined by system model that can be used to calculate fleet performance. average flammability exposure for a fuel tank conditions. It must be established that (2) Cruise Altitude—as defined by airplane in an airplane. The program requires the user no single failure or malfunction or performance. to enter the airplane performance data probable combination of failures will (3) Cruise Ambient Temperature—as specific to the airplane model being jeopardize the safe operation of the defined in Appendix 2 of these special evaluated, such as maximum range, cruise airplane. conditions. mach number, typical step climb altitudes,

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tank thermal characteristics specified as II. Monte Carlo Variables and Data Tables The ground and cruise temperatures are exponential heating/cooling time constants, Fleet average flammability exposure is the linked by a set of assumptions on the and equilibrium temperatures for various fuel percent of the mission time the fuel ullage is atmosphere. The temperature versus altitude tank conditions. Single flights may be flammable for a fleet of an airplane type follows a standard lapse rate from the ground studied, or a multi-flight Monte Carlo operating over the range of actual or expected temperature until the cruise temperature is analysis may be run. This model is intended missions and in a world-wide range of reached. Above this altitude, the temperature to provide comparison trends and not environmental conditions and fuel is fixed at the cruise temperature. This gives absolute numbers. The general methodology properties. Variables used to calculate fleet a variation in the tropopause altitude. For for conducting a Monte Carlo model is flammability exposure must include cold days, an inversion is applied up to atmosphere, mission length (as defined in described in AC 25.981–2. 10,000 feet, and then the standard lapse rate The FAA has developed a specific model Special Condition I(g), Definitions, as is applied. for calculating fleet average flammability Operational Time), fuel flash point, thermal The analysis must be able to execute a exposure using the Monte Carlo characteristics of the fuel tank, overnight number of flights, and for each flight a methodology. The FAA model, or one with temperature drop, and oxygen evolution from separate random number must be generated modifications approved by the FAA, must be the fuel into the ullage. Transport effects, used as the means of compliance with these including mass loading, flammability lag for each of the three parameters (i.e., ground special conditions. The accepted model can time, and condensation of vapors due to cold ambient temperature, cruise ambient be downloaded from the Web site http:// surfaces, are not to be allowed as parameters temperature, and fuel flash point) using the in the analysis. qps.airweb.faa.gov/sfar88flamex. On this Gaussian distribution defined in Table 1. The Web site, the model is located under the page Atmosphere applicant can verify the output values from the Gaussian distribution using Table 2. ‘‘Flam Ex Resources,’’ and is titled ‘‘Monte In order to predict flammability along a Table 2 is based on typical use of Jet A type Carlo Model Version 6a.’’ The ‘‘6a’’ given flight, the variation of ground ambient fuel. If an airplane is approved for use of represents Version 6A. Only version 6A or temperatures, cruise ambient temperatures, later of this model can be used. The and a method to compute the transition from lower flash point fuels such as JP–4, Russian, following procedures, input variables, and ground to cruise and back again must be and Chinese fuels, and it is expected to be data tables must be used in the analysis if the used. The variation of the ground and cruise used for more than 1 percent of the fleet applicant develops a unique model to temperatures and the flash point of the fuel operating time, then the Monte Carlo analysis determine fleet average flammability can be defined by a Gaussian curve, given by must include fuel property variation exposure for a specific airplane type. the 50 percent value and a ± 1-sigma value. acceptable to the FAA for the approved fuels.

TABLE 1.—GAUSSIAN DISTRIBUTION FOR GROUND AMBIENT, CRUISE AMBIENT, AND FLASH POINT

Temperature in Deg F Flash point Parameter Ground amb. Cruise amb. (FP)

Mean Temp ...... 59.95 ¥70 120 neg 1 std dev ...... 20.14 8 8 pos 1 std dev ...... 17.28 ......

TABLE 2.—VERIFICATION OF TABLE 1

% probability of temps & flash point Ground amb. Cruise amb. Flash point Ground amb. Cruise amb. Flash Point (FP) being below the listed values Deg F Deg F Deg F Deg C Deg C Deg C

1 ...... 13.1 ¥88.6 101.4 ¥10.5 ¥67.0 38.5 5 ...... 26.8 ¥83.2 106.8 ¥2.9 ¥64.0 41.6 10 ...... 34.1 ¥80.3 109.7 1.2 ¥62.4 43.2 15 ...... 39.1 ¥78.3 111.7 3.9 ¥61.3 44.3 20 ...... 43.0 ¥76.7 113.3 6.1 ¥60.4 45.1 25 ...... 46.4 ¥75.4 114.6 8.0 ¥59.7 45.9 30 ...... 49.4 ¥74.2 115.8 9.7 ¥59.0 46.6 35 ...... 52.2 ¥73.1 116.9 11.2 ¥58.4 47.2 40 ...... 54.8 ¥72.0 118.0 12.7 ¥57.8 47.8 45 ...... 57.4 ¥71.0 119.0 14.1 ¥57.2 48.3 50 ...... 59.9 ¥70.0 120.0 15.5 ¥56.7 48.9 55 ...... 62.1 ¥69.0 121.0 16.7 ¥56.1 49.4 60 ...... 64.3 ¥68.0 122.0 18.0 ¥55.5 50.0 65 ...... 66.6 ¥66.9 123.1 19.2 ¥55.0 50.6 70 ...... 69.0 ¥65.8 124.2 20.6 ¥54.3 51.2 75 ...... 71.6 ¥64.6 125.4 22.0 ¥53.7 51.9 80 ...... 74.5 ¥63.3 126.7 23.6 ¥52.9 52.6 85 ...... 77.9 ¥61.7 128.3 25.5 ¥52.1 53.5 90 ...... 82.1 ¥59.7 130.3 27.8 ¥51.0 54.6 95 ...... 88.4 ¥56.8 133.2 31.3 ¥49.4 56.2 99 ...... 100.1 ¥51.4 138.6 37.9 ¥46.3 59.2

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Flight Mission Distribution The mission length is also used to define appropriate data for the specific airplane The mission length is determined from an the time on the ground prior to takeoff, and model under evaluation, together with equation that takes the maximum mission the type of flight profile to be followed. Table substantiation for the data. A linear length for the airplane and creates multiple 3 must be used to define the mission interpolation may be used between the table flight lengths based on typical airline usage. distribution, unless the applicant has more values.

TABLE 3.—MISSION DISTRIBUTION Airplane Maximum Range—Nautical Miles (NM)

Range (NM) Distribution of missions (%) From To 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

0 ...... 200 11.7 7.5 6.2 5.5 4.7 4.0 3.4 3.0 2.6 2.3 200 ...... 400 27.3 19.9 17.0 15.2 13.2 11.4 9.7 8.5 7.5 6.7 400 ...... 600 46.3 40.0 35.7 32.6 28.5 24.9 21.2 18.7 16.4 14.8 600 ...... 800 10.3 11.6 11.0 10.2 9.1 8.0 6.9 6.1 5.4 4.8 800 ...... 1000 4.4 8.5 8.6 8.2 7.4 6.6 5.7 5.0 4.5 4.0 1000 ...... 1200 0.0 4.8 5.3 5.3 4.8 4.3 3.8 3.3 3.0 2.7 1200 ...... 1400 0.0 3.6 4.4 4.5 4.2 3.8 3.3 3.0 2.7 2.4 1400 ...... 1600 0.0 2.2 3.3 3.5 3.3 3.1 2.7 2.4 2.2 2.0 1600 ...... 1800 0.0 1.2 2.3 2.6 2.5 2.4 2.1 1.9 1.7 1.6 1800 ...... 2000 0.0 0.7 2.2 2.6 2.6 2.5 2.2 2.0 1.8 1.7 2000 ...... 2200 0.0 0.0 1.6 2.1 2.2 2.1 1.9 1.7 1.6 1.4 2200 ...... 2400 0.0 0.0 1.1 1.6 1.7 1.7 1.6 1.4 1.3 1.2 2400 ...... 2600 0.0 0.0 0.7 1.2 1.4 1.4 1.3 1.2 1.1 1.0 2600 ...... 2800 0.0 0.0 0.4 0.9 1.0 1.1 1.0 0.9 0.9 0.8 2800 ...... 3000 0.0 0.0 0.2 0.6 0.7 0.8 0.7 0.7 0.6 0.6 3000 ...... 3200 0.0 0.0 0.0 0.6 0.8 0.8 0.8 0.8 0.7 0.7 3200 ...... 3400 0.0 0.0 0.0 0.7 1.1 1.2 1.2 1.1 1.1 1.0 3400 ...... 3600 0.0 0.0 0.0 0.7 1.3 1.6 1.6 1.5 1.5 1.4 3600 ...... 3800 0.0 0.0 0.0 0.9 2.2 2.7 2.8 2.7 2.6 2.5 3800 ...... 4000 0.0 0.0 0.0 0.5 2.0 2.6 2.8 2.8 2.7 2.6 4000 ...... 4200 0.0 0.0 0.0 0.0 2.1 3.0 3.2 3.3 3.2 3.1 4200 ...... 4400 0.0 0.0 0.0 0.0 1.4 2.2 2.5 2.6 2.6 2.5 4400 ...... 4600 0.0 0.0 0.0 0.0 1.0 2.0 2.3 2.5 2.5 2.4 4600 ...... 4800 0.0 0.0 0.0 0.0 0.6 1.5 1.8 2.0 2.0 2.0 4800 ...... 5000 0.0 0.0 0.0 0.0 0.2 1.0 1.4 1.5 1.6 1.5 5000 ...... 5200 0.0 0.0 0.0 0.0 0.0 0.8 1.1 1.3 1.3 1.3 5200 ...... 5400 0.0 0.0 0.0 0.0 0.0 0.8 1.2 1.5 1.6 1.6 5400 ...... 5600 0.0 0.0 0.0 0.0 0.0 0.9 1.7 2.1 2.2 2.3 5600 ...... 5800 0.0 0.0 0.0 0.0 0.0 0.6 1.6 2.2 2.4 2.5 5800 ...... 6000 0.0 0.0 0.0 0.0 0.0 0.2 1.8 2.4 2.8 2.9 6000 ...... 6200 0.0 0.0 0.0 0.0 0.0 0.0 1.7 2.6 3.1 3.3 6200 ...... 6400 0.0 0.0 0.0 0.0 0.0 0.0 1.4 2.4 2.9 3.1 6400 ...... 6600 0.0 0.0 0.0 0.0 0.0 0.0 0.9 1.8 2.2 2.5 6600 ...... 6800 0.0 0.0 0.0 0.0 0.0 0.0 0.5 1.2 1.6 1.9 6800 ...... 7000 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.8 1.1 1.3 7000 ...... 7200 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.7 0.8 7200 ...... 7400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.5 0.7 7400 ...... 7600 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.5 0.6 7600 ...... 7800 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.5 0.7 7800 ...... 8000 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.6 0.8 8000 ...... 8200 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.8 8200 ...... 8400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 1.0 8400 ...... 8600 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 1.3 8600 ...... 8800 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 1.1 8800 ...... 9000 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.8 9000 ...... 9200 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 9200 ...... 9400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 9400 ...... 9600 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 9600 ...... 9800 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 9800 ...... 10000 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1

Fuel Tank Thermal Characteristics inputs from airplane sources. Values are also temperature and the equilibrium The applicant must account for the thermal input to define two exponential time temperature, given by ambient temperature constants (one for a near empty tank and one plus delta temperature. Input values for this conditions of the fuel tank both on the for a near full tank) for the ground condition. data can be obtained from validated thermal ground and in flight. The Monte Carlo model, These time constants define the time for the models of the tank based on ground and available on the Web site listed above, fuel in the fuel tank to heat or cool in flight test data. The inputs for the inflight defines the ground condition using an response to heat input. The fuel is assumed condition are similar but are used for inflight equilibrium delta temperature (relative to the to heat or cool according to a normal analysis. ambient temperature) that the tank will reach exponential transition, governed by the Fuel management techniques are unique to given a long enough time, with any heat temperature difference between the current each manufacturer’s design and variations in

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fuel load within the tank for given points in random value from the following Gaussian DEPARTMENT OF TRANSPORTATION the flight must be accounted for in the model. curve: The model uses a ‘‘tank full’’ time, specified Federal Aviation Administration in minutes, that defines the time before TABLE 5.—OAT DROP touchdown when the fuel tank is still full. 14 CFR Part 71 For a center wing tank used first, this number would be the maximum flight time, and the OAT drop [Docket No. FAA–2003–16534; Airspace Parameter temperature °F tank would start to empty at takeoff. For a Docket No. 03–ASO–19] main tank used last, the tank will remain full Mean Temp ...... 12.0 for a shorter time before touch down, and Proposed Establishment of Class D would be ‘‘empty’’ at touch down (i.e., tank 1 std dev ...... 6.0 and Class E4 Airspace; Olive Branch, empty at 0 minutes before touch down). In MS Proposed Amendment of Class E5 the case of a main tank with reserves, the Oxygen Evolution Airspace; Memphis, TN term empty means at reserve level rather than Fuel contains dissolved gases, and in the totally empty. The thermal data for tank case of oxygen and nitrogen absorbed from AGENCY: Federal Aviation empty would also be for reserve level. Administration (FAA), DOT. The model also uses a ‘‘tank empty’’ time the air, the oxygen level in the fuel can ACTION: Notice of proposed rulemaking. to define the time when the tank is emptying, exceed 30 percent, instead of the normal 21 percent oxygen in air. Some of these gases and the program uses a linear interpolation SUMMARY: This notice proposes to between the exponential time constants for will be released from the fuel during the establish Class D and Class E4 airspace full and empty during the time the tank is reduction of ambient pressure experienced in at Olive Branch, MS, and amend Class emptying. For a tank that is only used for the climb and cruise phases of flight. The long-range flights, the tank would be full E5 airspace at Memphis, TN. A Federal applicant must consider the effects of air contract tower with a weather reporting only on very long-range missions and would evolution from the fuel on the level of oxygen system is being constructed at the Olive be empty a long time before touch down. For in the tank ullage during ground and flight short flights, it would be empty for the whole Branch Airport. Therefore, the airport operations and address these effects on the flight. For a main tank that carried reserve will meet the criteria for establishment overall performance of the FRS. The fuel, it would be full for a long time and of Class D and Class E4 airspace. Class applicant must provide the air evolution rate would only be down to empty at touch down. D surface area airspace and Class E4 for the fuel tank under evaluation, along with In this case, empty would really be at reserve airspace designated as an extension to level, and the thermal constants at empty substantiation data. should be those for the reserve level. Class D airspace is required when the The applicant, whether using the available Number of Flights Required in Analysis control tower is open to contain existing model or using another analysis tool, must In order for the Monte Carlo analysis to be Standard Instrument Approach propose means to validate thermal time valid for showing compliance with the Procedures (SIAPs) and other constants and equilibrium temperatures to be flammability requirements of these special Instrument Flight Rules (IFR) operations used in the analysis. The applicant may conditions, the applicant must run the at the airport. This action would propose using a more detailed thermal analysis for an appropriate number of flights establish Class D airspace extending definition, such as changing time constants to ensure that the flammability exposure for upward from the surface to and as a function of fuel load, provided the the fuel tank under evaluation meets the including 2,900 feet MSL within a 4- details and substantiation information are mile radius of the Olive Branch Airport acceptable and the Monte Carlo model criteria defined in Table 6. program changes are validated. and Class E airspace extensions that are TABLE 6.—FLAMMABILITY LIMIT 5 miles wide and extend 7 miles Overnight Temperature Drop northeast and south of the airport. A An overnight temperature drop must be Maximum acceptable regional evaluation has determined the considered in the Monte Carlo analysis as it Number of flights in Monte Carlo analysis fuel tank flammability existing Class E5 airspace area for may affect the oxygen concentration level in (%) Memphis, TN, which includes the Olive the fuel tank. The overnight temperature Branch Airport, should be amended to drop for these special conditions will be 1,000 ...... 2.73 contain the Nondirectional Radio defined using: 5,000 ...... 2.88 • A landing temperature that is a random Beacon (NDB) Or Global Positioning 10,000 ...... 2.91 System (GPS) Runway (RWY) 18 and value based on a Gaussian distribution; and 100,000 ...... 2.98 • RWY 36 SIAPs. As a result, controlled An overnight temperature drop that is a 1,000,000 ...... 3.00 random value based on a Gaussian airspace extending upward from 700 distribution. feet Above Ground Level (AGL) is For any flight that will end with an Issued in Renton, Washington, on needed to contain the procedure turn overnight ground period (one flight per day November 28, 2003. airspace area. out of an average of x flights per day, Kevin M. Mullin, DATES: Comments must be received on depending on utilization of the particular Acting Manager, Transport Airplane airplane model being evaluated), the landing or before January 8, 2004. Directorate, Aircraft Certification Service. outside air temperature (OAT) is to be chosen ADDRESSES: Send comments on this as a random value from the following [FR Doc. 03–30449 Filed 12–8–03; 8:45 am] proposal to the Docket Management Gaussian curve: BILLING CODE 4910–13–P System, U.S. Department of Transportation, Room Plaza 401, 400 TABLE 4.—LANDING OAT Seventh Street, SW., Washington, DC 20590–0001. You must identify the Landing docket number FAA–2003–16534/ Parameter ° temperature F Airspace Docket No. 03–ASO–19, at the Mean Temp ...... 58.68 beginning of your comments. You may neg 1 std dev ...... 20.55 also submit comments on the Internet at pos 1 std dev ...... 13.21 http://dms.dot.gov. You may review the public docket containing the proposal, The outside ambient air temperature (OAT) any comments received, and any final drop for that night is to be chosen as a disposition in person in the Dockets

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Office between 9 a.m. and 5 p.m., Additionally, any person may obtain a The Proposed Amendment Monday through Friday, except Federal copy of this notice by submitting a In consideration of the foregoing, the holidays. The Docket office (telephone request to the Federal Aviation Federal Aviation Administration 1–800–647–5527) is on the plaza level Administration, Office of Air Traffic proposes to amend 14 CFR part 71 as of the Department of Transportation Airspace Management, ATA–400, 800 follows: NASSIF Building at the above address. Independence Avenue, SW., An informal docket may also be Washington, DC 20591, or by calling PART 71—DESIGNATION OF CLASS A, examined during normal business hours (202) 267–8783. Communications must CLASS B, CLASS C, CLASS D, AND at the office of the Regional Air Traffic identify both docket numbers for this CLASS E AIRSPACE AREAS; Division, Federal Aviation notice. Persons interested in being AIRWAYS; ROUTES; AND REPORTING Administration, Room 550, 1701 placed on a mailing list for future POINTS Columbia Avenue, College Park, Georgia NPRMs should contact the FAA’s Office 30337. of Rulemaking, (202) 267–9677, to 1. The authority citation for part 71 FOR FURTHER INFORMATION CONTACT: request a copy of Advisory Circular No. continues to read as follows: Walter R. Cochran, Manager, Airspace 11–2A, Notice of Proposed Rulemaking Authority: 49 U.S.C. 106(g); 40103, 40113, Branch, Air Traffic Division, Federal Distribution System, which describes 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, P.O. Box the application procedure. 1963 Comp., p. 389. 20636, Atlanta, Georgia 30320; The Proposal § 71.1 [Amended] telephone (404) 305–5586. The FAA is considering an 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: amendment to part 71 of the Federal 14 CFR 71.1 of Federal Aviation Comments Invited Aviation Regulations (14 CFR part 71) to Administration Order 7400.9L, Airspace establish Class D airspace and Class E4 Interested parties are invited to Designations and Reporting Points, airspace at Olive Branch, MS, and dated September 2, 2003, and effective participate in this proposed rulemaking amend Class E5 airspace at Memphis, by submitting such written data, views September 16, 2003, is amended as TN. Class D airspace designations for follows: or arguments as they may desire. airspace areas extending upward from Comments that provide the factual basis the surface of the earth, Class E airspace Paragraph 5000 Class D Airspace. supporting the views and suggestions designations for airspace areas * * * * * presented are particularly helpful in designated as an extension to a Class D developing reasoned regulatory airspace area and Class E airspace ASO MS D Olive Branch, MS [NEW] decisions on the proposal. Comments designations for airspace areas Olive Branch Airport, MS are specifically invited on the overall extending upward from 700 feet or more (Lat. 34°58′44″ N, long. 89°47′13″ W) regulatory, aeronautical, economic, above the surface of the earth are That airspace extending upward from the environmental, and energy-related published in Paragraphs 5000, 6004 and surface to and including 2,900 feet MSL with aspects of the proposal. 6005 respectively, of FAA Order a 4-mile radius of Olive Branch Airport; Communications should identify both 7400.9L, dated September 2, 2003, and excluding that airspace within the Memphis docket numbers and be submitted in effective September 16, 2003, which is Class B airspace area. This Class D airspace area is effective during the specific days and triplicate to the address listed above. incorporated by reference in 14 CFR Commenters wishing the FAA to times established in advance by a Notice to 71.1. The Class D and Class E airspace Airmen. The effective days and times will acknowledge receipt of their comments designations listed in this document thereafter be continuously published in the on this notice must submit with those would be published subsequently in the Airport/Facility Directory. comments a self-addressed, stamped Order. * * * * * postcard on which the following The FAA has determined that this statement is made: ‘‘Commnets to proposed regulation only involves an Paragraph 6004 Class E4 Airspace Areas Docket No. FAA–2003–16534/Airspace established body of technical Designated as an Extension to a Class D Docket No. 03–ASO–19.’’ The postcard regulations for which frequent and Airspace Area will be date/time stamped and returned routine amendments are necessary to * * * * * to the commenter. All communications keep them operationally current. It, ASO MS E Olive Branch, MS [NEW] received before the specified closing therefore, (1) is not a ‘‘significant Olive Branch Airport, MS date for comments will be considered regulatory action’’ under Executive (Lat. 34°58′44″ N, long. 89°47′13″ W) before taking action on the proposed Order 12866; (2) is not a ‘‘significant Olive Branch NDB rule. The proposal contained in this rule’’ under DOT Regulatory Policies (Lat. 34°58′47″ N, long. 89°47′20″ W) notice may be changed in light of the and Procedures (44 FR 11034; February That airspace extending upward from the comments received. A report 26, 1979); and (3) does not warrant surface within 2.5 miles each side of the summarizing each substantive public preparation of a Regulatory Evaluation Olive Branch NDB 017° and 170° bearings, contact with FAA personnel concerned as the anticipated impact is so minimal. extending from the 4-mile radius to 7 miles with this rulemaking will be filed in the Since this is a routine matter that will northeast and south of the NDB. This Class docket. only affect air traffic procedures and air E4 airspace area is effective during the navigation, it is certified that this rule, specific days and times established in Availability of NPRMs advance by a Notice of Airmen. The effective when promulgated, will not have a An electronic copy of this document days and times will thereafter be significant economic impact on a continuously published in the Airport/ may be downloaded through the substantial number of small entities Facility Directory. Internet at http://dms.dot.gov. Recently under the criteria of the Regulatory * * * * * published rulemaking documents can Flexibility Act. also be accessed through the FAA’s Web Paragraph 6005 Class E Airspace Areas page at http://www.faa.gov or the List of Subjects in 14 CFR Part 71 Extending Upward from 700 feet or More Superintendent of Documents Web page Airspace, Incorporation by reference, Above the Surface of the Earth at http://www.access.gpo.gov/nara. Navigation (air). * * * * *

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ASO TN E5 Memphis, TN [REVISED] Executive Airpark Airport under Availability of NPRMs Memphis International Airport, TN Instrument Flight Rules (IFR) makes this An electronic copy of this document ° ′ ″ ° ′ ″ Lat. 35 02 33 N, long 89 58 36 W action necessary. Controlled airspace may be downloaded through the Olive Branch Airport extending upward from 700 feet Above Internet at http://dms.dot.gov. Recently Lat. 34°58′44″ N, long. 89°47′13″ W Ground Level (AGL) is needed to West Memphis Municipal Airport published rulemaking documents can ° ′ ″ ° ′ ″ contain aircraft executing the approach. also be accessed through the FAA’s Web Lat. 35 08 06 W, long. 90 14 04 W The area would be depicted on General DeWitt Spain Airport page at http://www.faa.gov or the Lat. 35°12′02″ N, long. 90°03′14″ W aeronautical charts for pilot reference. Superintendent of Documents Web page Elvis NDB DATES: Comments must be received on at http://www.access.gpo.gov/nara. ° ′ ″ ° ′ ″ Lat. 35 03 41 N, long. 90 04 18 W or before January 8, 2004. Additionally, any person may obtain a West Memphis NDB copy of this notice of by submitting a ° ′ ″ ° ′ ″ Lat. 35 08 22 N, long. 90 13 57 W ADDRESSES: Send comments on this request to the Federal Aviation That airspace extending upward from 700 proposal to the Docket Management Administration, Office of Air Traffic feet above the surface within an 8-mile radius System, U.S. Department of Airspace Management, ATA–400, 800 of Memphis International Airport, and within Transportation, Room Plaza 401, 400 Independence Avenue, SW., 4 miles north and 8 miles south of the 271° Seventh Street, SW., Washington, DC bearing from the Elvis NDB extending from Washington, DC 20591, or by calling 20590–0001. You must identify the (202) 267–8783. Communications must the 8-mile radius to 16 miles west of the Elvis docket number FAA–2003–16415/ NDB, and within a 7.5-mile radius of Olive identify both docket numbers for this Branch Airport, and within 4 miles west and Airspace Docket No. 03–AEA–16 at the notice. Persons interested in being 8 miles east of the 017° bearing and 4 miles beginning of your comments. You may placed on a mailing list for future west and 8 miles east of the 170° bearing also submit comments on the Internet at NPRMs should contact the FAA’s Office from the Olive Branch NDB extending from http://dms.dot.gov. You may review the of Rulemaking (202) 267–9677, to the 7.5-mile radius to 16 miles northeast and public docket containing the proposal, request a copy of Advisory Circular No. south of the airport, and within a 6.5-mile any comments received, and any final 11–2A, Notice of Proposed Rulemaking radius of West Memphis Municipal Airport, disposition in person in the Dockets and within 4 miles east and 8 miles west of Distribution System, which describes ° Office between 9 a.m. and 5 p.m., the application procedure. the 197 from the West Memphis NDB Monday through Friday, except Federal extending from the 6.5-mile radius to 16 The Proposal miles south of the West Memphis NDB, and holidays. The Docket Office (telephone within 4 miles east and 8 miles west of the 1–800–647–5527) is on the plaza level The FAA is considering an 353° bearing from the West Memphis NDB of the Department of Transportation amendment to Part 71 of the Federal extending from the 6.5-mile radius to 16 NASSIF Building at the above address. Aviation Regulations (14 CFR Part 71) to miles north of the West Memphis NDB, and An informal docket may also be establish Class E airspace area at within 6.4-mile radius of General DeWitt examined during normal business hours Calverton, NY. The development of Spain Airport; excluding that airspace within SIAPs to serve flights operating IFR into the Millington, TN, Class E airspace area. at the office of the Regional Air Traffic Division, Federal Aviation Calverton Executive Airpark Airport * * * * * Administration, Eastern Region, 1 makes this action necessary. Controlled Issued in College Park, Georgia, on Aviation Plaza, Jamaica, NY 11434– airspace extending upward from 700 November 26, 2003. 4809. feet AGL is needed to accommodate the Walter R. Cochran, SIAPs. Class E airspace designations for SUPPLEMENTARY INFORMATION: airspace areas extending upward from Acting Manager, Air Traffic Division, Southern Region. Comments Invited 700 feet or more above the surface are published in Paragraph 6005 of FAA [FR Doc. 03–30457 Filed 12–8–03; 8:45 am] Interested parties are invited to Order 7400.9L, dated September 2, BILLING CODE 4910–13–M participate in this proposed rulemaking 2003, and effective September 16, 2003, by submitting such written data, views, which is incorporated by reference in 14 DEPARTMENT OF TRANSPORTATION or arguments as they may desire. CFR 71.1. The Class E airspace Comments that provide the factual basis designation listed in this document Federal Aviation Administration supporting the views and suggestions would be published subsequently in the presented are particularly helpful in Order. 14 CFR Part 71 developing reasoned regulatory The FAA has determined that this decisions on the proposal. Comments proposed regulation only involves an [Docket No. FAA–2003–16415; Airspace are specifically invited on the overall established body of technical Docket No. 03–AEA–16] regulatory, economic, environmental, regulations for which frequent and Establishment of Class E Airspace; and energy-related aspects of the routine amendments are necessary to Calverton, NY proposal. Communications should keep them operationally current. identify both docket numbers and be Therefore, this proposed regulation—(1) AGENCY: Federal Aviation submitted in triplicate to the address Is not a ‘‘significant regulatory action’’ Administration (FAA), DOT. listed above. Commenters wishing the under Executive Order 12866; (2) is not ACTION: Notice of proposed rulemaking. FAA to acknowledge receipt of their a ‘‘significant rule’’ under DOT comments on this notice must submit Regulatory Policies and Procedures (44 SUMMARY: This notice proposes to with those comments a self-addressed, FR 11034; February 26, 1979); and (3) establish Class E airspace at Calverton stamped postcard on which the does not warrant preparation of a Executive Airpark Airport (CTO), following statement is made: regulatory evaluation as the anticipated Calverton, NY. The development of ‘‘Comments to Docket No. FAA–2003– impact is so minimal. Since this is a Standard Instrument Approach 16415/Airspace Docket No. 03–AEA– routine matter that would only affect air Procedures (SIAP) based on the Global 16’’. The postcard will be date/time traffic procedures and air navigation, it Positioning System (GPS) to serve stamped and returned to the is certified that this proposed rule flights operating into Calverton commenter. would not have significant economic

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impact on a substantial number of small SUMMARY: This action proposes to taking action on the proposed rule. The entities under the criteria of the establish Federal Airway 19 (V–19) proposal contained in this notice may Regulatory Flexibility Act. northeast of the Cincinnati, OH, Very be changed in light of comments High Frequency Omni-directional received. All comments submitted will List of Subjects in 14 CFR Part 71 Range/Tactical Air Navigation be available for examination in the Airspace, Incorporation by reference, (VORTAC). This action would reduce public docket both before and after the Navigation (air). congestion on V–5 between Cincinnati, closing date for comments. A report The Proposed Amendment OH, and Columbus, OH, and enhance summarizing each substantive public the management of aircraft operations contact with FAA personnel concerned In consideration of the foregoing, the over the Cincinnati, OH, area. with this rulemaking will be filed in the Federal Aviation Administration DATES: Comments must be received on docket. proposes to amend 14 CFR part 71 as or before January 23, 2004. follows: Availability of NPRMs ADDRESSES: Send comments on this An electronic copy of this document proposal to the Docket Management PART 71—[AMENDED] may be downloaded through the System, U.S. Department of Internet at http://dms.dot.gov. Recently 1. The authority citation for 14 CFR Transportation, Room Plaza 401, 400 published rulemaking documents can part 71 continues to read as follows: Seventh Street, SW., Washington, DC also be accessed through the FAA’s Web 20590–0001. You must identify FAA Authority: 49 U.S.C. 106(g), 40103, 40113, page at http://www.faa.gov or the Docket No. 2003–16091 and Airspace 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Superintendent of Document’s Web Docket No. 03–AGL–12, at the 1963 Comp., p. 389 page at http://www.gpoaccess.gov/fr/ beginning of your comments. You may § 71.1 [Amended] index.html. also submit comments on the Internet at Persons interested in being placed on The incorporation by reference in 14 http://dms.dot.gov. CFR 71.1 of Federal Aviation a mailing list for future NPRMs should FOR FURTHER INFORMATION CONTACT: call the FAA’s Office of Rulemaking, Administration Order 7400.9L dated Steve Rohring, Airspace and Rules September 2, 2003 and effective (202) 267–9677, for a copy of Advisory Division, ATA–400, Office of Air Traffic Circular No. 11–2A, Notice of Proposed September 16, 2003, is proposed to be Airspace Management, Federal Aviation amended as follows: Rulemaking Distribution System, which Administration, 800 Independence describes the application procedure. Paragraph 6005 Class E airspace areas Avenue, SW., Washington, DC 20591; extending upward from 700 feet or more telephone: (202) 267–8783. Background above the surface of the earth. SUPPLEMENTARY INFORMATION: A review of aircraft operations in the Cincinnati terminal area has identified a AEA NY E5, Calverton, NY [NEW] Comments Invited Calverton Executive Airpark Airport need to reduce congestion on V–5 (Lat. 40°54′54″ N., long 72°47′31″ W.) Interested parties are invited to between Columbus, OH and Cincinnati, participate in this proposed rulemaking That airspace extending upward from 700 OH. This congestion is the result of en feet above the surface within a 6-mile radius by submitting such written data, views, route aircraft and other aircraft arriving of Calverton Executive Airpark Airport, or arguments as they may desire. at the Cincinnati/Northern Kentucky excluding that portion that coincides with Comments that provide the factual basis International Airport (CVG), while both the Shirley, NY and Westhampton Beach, NY supporting the views and suggestions navigating on V–5. The FAA believes Class E airspace areas. presented are particularly helpful in that establishing a new Federal Airway * * * * * developing reasoned regulatory (V–19) to the south of V–5 would relieve decisions on the proposal. Comments Issued in Jamaica, New York, on November the congestion and enhance the 19, 2003. are specifically invited on the overall management of aircraft operations by regulatory, aeronautical, economic, John G. McCartney, providing an alternate route between environmental, and energy-related Cincinnati, OH and Columbus, OH. Assistant Manager, Air Traffic Division, aspects of the proposal. Eastern Region. Communications should identify both The Proposal [FR Doc. 03–30460 Filed 12–8–03; 8:45 am] docket numbers (FAA Docket No. FAA– The FAA is proposing an amendment BILLING CODE 4910–13–M 2003–16091 and Airspace Docket No. to Title 14 Code of Federal Regulations 03–AGL–12) and be submitted in (14 CFR) part 71 (part 71) to establish triplicate to the Docket Management V–19 in the Cincinnati, OH, area. DEPARTMENT OF TRANSPORTATION System (see ADDRESSES section for Specifically, this action proposes to Federal Aviation Administration address and phone number). You may establish V–19 between Cincinnati, OH also submit comments through the and Columbus, OH, to the south of 14 CFR Part 71 Internet at http://dms.dot.gov. V–5 and to the north of the Buckeye Commenters wishing the FAA to Military Operations Area. Establishment [Docket No. FAA 2003–16091; Airspace acknowledge receipt of their comments of this new airway would reduce Docket No. ASD 03–AGL–12] on this notice must submit with those congestion on V–5 and enhance the comments a self-addressed, stamped management of aircraft operations over RIN 2120–AA66 postcard on which the following the Cincinnati, OH, area. statement is made: ‘‘Comments to FAA Federal airways are published in Proposed Establishment of Federal Docket No. FAA–2003–16091 and paragraph 6010(a) of FAA Order Airway V–19; OH Airspace Docket No. 03–AGL–12.’’ The 7400.9L dated September 2, 2003, and AGENCY: Federal Aviation postcard will be date/time stamped and effective September 16, 2003, which is Administration (FAA), DOT. returned to the commenter. incorporated by reference in 14 CFR All communications received on or 71.1. The Federal airway listed in this ACTION: Notice of proposed rulemaking, before the specified closing date for document would be published (NPRM). comments will be considered before subsequently in the Order.

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The FAA has determined that this DEPARTMENT OF DEFENSE Public Law 96–354, ‘‘Regulatory proposed regulation only involves an Flexibility Act’’ (5 U.S.C. Chapter 6) 32 CFR Part 312 established body of technical It has been determined that Privacy regulations for which frequent and Act rules for the Department of Defense routine amendments are necessary to Office of the Inspector General; Privacy Act; Implementation do not have a significant economic keep them operationally current. impact on a substantial number of small Therefore, this proposed regulation: (1) AGENCY: Office of the Inspector General, entities because they are concerned only Is not a ‘‘significant regulatory action’’ DoD. with the administration of Privacy Act under Executive Order 12866; (2) is not systems of records within the ACTION: Proposed rule. a ‘‘significant rule’’ under Department of Department of Defense. Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; SUMMARY: The Office of the Inspector Public Law 96–511, ‘‘Paperwork February 26, 1979); and (3) does not General, DoD (OIG, DoD) is proposing to Reduction Act’’ (44 U.S.C. Chapter 35) warrant preparation of a regulatory exempt the system of records CIG–21, It has been determined that Privacy evaluation as the anticipated impact is entitled ‘‘Congressional Correspondence Act rules for the Department of Defense so minimal. Since this is a routine Tracking System’’ from 5 U.S.C. impose no information requirements matter that will only affect air traffic 552a(j)(2), (k)(1) through (k)(7). The beyond the Office of the Inspector procedures and air navigation, it is exemption is needed because during the General and that the information certified that this rule, when course of a Congressional inquiry, collected within the Office of the promulgated, will not have a significant exempt materials from other systems of Inspector General is necessary and economic impact on a substantial records may in turn become part of the consistent with 5 U.S.C. 552a, known as number of small entities under the case records in the system. To the extent the Privacy Act of 1974. criteria of the Regulatory Flexibility Act. that copies of exempt records from those ‘‘other’’ systems of records are entered Section 202, Public Law 104–4, List of Subjects in 14 CFR Part 71 into the Privacy Act case records, the ‘‘Unfunded Mandates Reform Act’’ Airspace, Incorporation by reference, Inspector General, DoD, hereby claims It has been determined that the Navigation (air). the same exemptions for the records Privacy Act rulemaking for the from those ‘‘other’’ systems that are Department of Defense does not involve The Proposed Amendment entered into this system, as claimed for a Federal mandate that may result in the the original primary systems of records expenditure by State, local and tribal In consideration of the foregoing, the of which they are a part. In addition, Federal Aviation Administration governments, in the aggregate, or by the two administrative changes are also private sector, of $100 million or more proposes to amend 14 CFR part 71 as being made. follows: and that such rulemaking will not DATES: Comments must be received on significantly or uniquely affect small PART 71—DESIGNATION OF CLASS A, or before February 9, 2004, to be governments. B, C, D, AND E AIRSPACE AREAS; AIR considered by this agency. Executive Order 13132, ‘‘Federalism’’ TRAFFIC SERVICE ROUTES; AND ADDRESSES: Send comments to Office of REPORTING POINTS It has been determined that the the Inspector General, Department of Privacy Act rules for the Department of Defense, 400 Army Navy Drive, Room 1. The authority citation for part 71 Defense do not have federalism 223, Arlington, VA 22202–4704. continues to read as follows: implications. The rules do not have FOR FURTHER INFORMATION CONTACT: Mr. substantial direct effects on the States, Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Darryl R. Aaron at (703) 604–9785. on the relationship between the 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION National Government and the States, or on the distribution of power and § 71.1 [Amended] Executive Order 12866, ‘‘Regulatory responsibilities among the various 2. The incorporation by reference in Planning and Review’’ levels of government. 14 CFR 71.1 of FAA Order 7400.9L, It has been determined that Privacy List of Subjects in 32 CFR Part 312 Airspace Designations and Reporting Act rules for the Department of Defense Privacy. Points, dated September 2, 2003, and are not significant rules. The rules do Accordingly, 32 CFR part 312 is effective September 16, 2003, is not (1) Have an annual effect on the proposed to be amended to read as amended as follows: economy of $100 million or more or follows: adversely affect in a material way the Paragraph 6010(a)—Domestic VOR Federal economy; a sector of the economy; Airways PART 312—OFFICE OF THE productivity; competition; jobs; the INSPECTOR GENERAL (OIG) PRIVACY * * * * * environment; public health or safety; or PROGRAM V–19 (New) State, local, or tribal governments or communities; (2) Create a serious 1. The authority citation for 32 CFR From Cincinnati, OH; INT Cincinnati part 312 continues to read as follows: 063°T (067°M) and Appleton, OH, 229°T inconsistency or otherwise interfere (235°M) radials; Appleton. with an action taken or planned by Authority: Pub. L. 93–579, 88 Stat. 1896 (5 * * * * * another Agency; (3) Materially alter the U.S.C. 552a). budgetary impact of entitlements, Issued in Washington, DC, on December 2, 2. Section 312.8, paragraph (a) is grants, user fees, or loan programs, or revised to read as follows: 2003. the rights and obligations of recipients Reginald C. Matthews, thereof; or (4) Raise novel legal or policy § 312.8 OIG review of request for Manager, Airspace and Rules Division. issues arising out of legal mandates, the amendment. [FR Doc. 03–30450 Filed 12–8–03; 8:45 am] President’s priorities, or the principles (a) A written acknowledgement of the BILLING CODE 4910–13–P set forth in this Executive Order. receipt of a request for amendment of a

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record will be provided to the requester employment, military service, contract, budgetary impact of entitlements, within 20 working days, unless final and security clearance determinations, grants, user fees, or loan programs, or action regarding approval or denial will to preserve the confidentiality and the rights and obligations of recipients constitute acknowledgement. integrity of Federal testing materials, thereof; or (4) Raise novel legal or policy * * * * * and to safeguard evaluation materials issues arising out of legal mandates, the 3. Section 312.12, paragraph (b) is used for military promotions when President’s priorities, or the principles revised and paragraph (i) is added to furnished by a confidential source. The set forth in this Executive order. exemption rule for the original records read as follows: Public Law 96–354, ‘‘Regulatory will identify the specific reasons why Flexibility Act’’ (5 U.S.C. Chapter 6) § 312.12 Exemptions. the records are exempt from specific * * * * * provisions of 5 U.S.C. 552a. It has been certified that Privacy Act (b) The Inspector General of the Dated: November 20, 2003. rules for the Department of Defense do Department of Defense claims an Patricia L. Toppings, not have significant economic impact on exemption for the following record Alternate OSD Federal Register, Liaison a substantial number of small entities systems under the provisions of 5 U.S.C. Officer, Department of Defense. because they are concerned only with 552a(j) and (k)(1)–(k)(7) from certain [FR Doc. 03–30396 Filed 12–8–03; 8:45 am] the administration of Privacy Act indicated subsections of the Privacy Act BILLING CODE 5001–06–P systems of records within the of 1974. The exemptions may be Department of Defense. invoked and exercised on a case-by-case Public Law 96–511, ‘‘Paperwork basis by the Deputy Inspector General DEPARTMENT OF DEFENSE for Investigations or the Director, Reduction Act’’ (44 U.S.C. Chapter 35) Communications and Congressional Department of the Air Force It has been certified that Privacy Act Liaison Office, and the Chief, Freedom rules for the Department of Defense of Information/Privacy Act Office which 32 CFR Part 806b impose no information requirements serve as the Systems Program Managers. [Air Force Instruction 37–132] beyond the Department of Defense and Exemptions will be exercised only when that the information collected within necessary for a specific, significant and Privacy Act; Implementation the Department of Defense is necessary legitimate reason connected with the and consistent with 5 U.S.C. 552a, AGENCY: purpose of the records system. Department of the Air Force, known as the Privacy Act of 1974. * * * * * DoD. (i) System Identifier: CIG–21. ACTION: Proposed rule. Section 202, Public Law 104–4, (1) System name: Congressional ‘‘Unfunded Mandates Reform Act’’ SUMMARY: The Department of the Air Correspondence Tracking System. Force is proposing to add an exemption It has been certified that the Privacy (2) Exemption: During the processing rule for the system of records F071 JTF Act rulemaking for the Department of of a Congressional inquiry, exempt A, entitled ‘‘Computer Network Crime Defense does not involve a Federal materials from other systems of records Case System’’. The (j)(2) and (k)(2) mandate that may result in the may in turn become part of the case exemptions increase the value of the expenditure by State, local and tribal record in this system. To the extent that system of records for law enforcement governments, in the aggregate, or by the copies of exempt records from those purposes. private sector, of $100 million or more ‘‘other’’ systems of records are entered and that such rulemaking will not DATES: Comments must be received on into this system, the Inspector General, significantly or uniquely affect small or before February 9, 2004, to be DoD, claims the same exemptions for governments. the records from those ‘‘other’’ systems considered by this agency. that are entered into this system, as ADDRESSES: Send comments to the Air Executive Order 13132, ‘‘Federalism’’ claimed for the original primary system Force Privacy Act Officer, AF–CIO/P, It has been certified that the Privacy of which they are a part. 1155 Air Force Pentagon, Washington, Act rules for the Department of Defense (3) Authority: 5 U.S.C. 552a(j)(2), DC 20330–1155. do not have federalism implications. (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), FOR FURTHER INFORMATION CONTACT: Mrs. The rules do not have substantial direct and (k)(7). Anne Rollins at (703) 601–4043 or DSN effects on the States, on the relationship (4) Reasons: Records are only exempt 329–4043. between the National Government and from pertinent provisions of 5 U.S.C. SUPPLEMENTARY INFORMATION: the States, or on the distribution of 552a to the extent such provisions have power and responsibilities among the been identified and an exemption Executive Order 12866, ‘‘Regulatory various levels of government. claimed for the original record and the Planning and Review’’ purposes underlying the exemption for It has been determined that Privacy List of Subjects in 32 CFR Part 806b the original record still pertain to the Act rules for the Department of Defense record which is now contained in this are not significant rules. The rules do Privacy. system of records. In general, the not (1) Have an annual effect on the Accordingly, 32 CFR part 806b is exemptions were claimed in order to economy of $100 million or more or proposed to be amended to read as protect properly classified information adversely affect in a material way the follows: relating to national defense and foreign economy; a sector of the economy; policy, to avoid interference during the productivity; competition; jobs; the PART 806b—AIR FORCE PRIVACY conduct of criminal, civil, or environment; public health or safety; or ACT PROGRAM administrative actions or investigations, State, local, or tribal governments or to ensure protective services provided communities; (2) Create a serious 1. The authority citation for 32 CFR the President and others are not inconsistency or otherwise interfere part 806b continues to read as follows: compromised, to protect the identity of with an action taken or planned by Authority: Pub. L. 93–579, 88 Stat. 1896 (5 confidential sources incident to Federal another Agency; (3) Materially alter the U.S.C. 552a).

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2. Appendix C to part 806b is (D) From subsection (e)(2) because ACTION: Proposed rule. amended by adding paragraph (a)(7) to collecting information to the fullest extent possible directly from the subject individual read as follows: SUMMARY: EPA proposes to approve the may or may not be practical in a criminal Appendix C to Part 806b—General and and/or civil investigation. State Implementation Plan (SIP) Specific Exemptions (E) From subsection (e)(3) because revision submitted by the state of supplying an individual with a form Missouri pertaining to an update to a St. a. General exemptions. * * * containing a Privacy Act Statement would Louis city SIP-approved ordinance, and (7) System identifier and name: F071 JTF tend to inhibit cooperation by many permit. The effect of this action is to A, Computer Network Crime Case System. individuals involved in a criminal and/or (i) Exemption: (A) Parts of this system may civil investigation. The effect would be ensure that the SIP is current and be exempt pursuant to 5 U.S.C. 552a(j)(2) if somewhat adverse to established consistent with the revised St. Louis the information is compiled and maintained investigative methods and techniques. city ordinance and permit and are thus by a component of the agency, which (F) From subsections (e)(4)(G), (H), and (I) Federally enforceable. performs as its principle function any because this system of records is exempt activity pertaining to the enforcement of from the access provisions of subsection (d). DATES: Comments on this proposed criminal laws. Any portion of this system of (G) From subsection (e)(5) because the action must be received in writing by records which falls within the provisions of requirement that records be maintained with January 8, 2004. 5 U.S.C. 552a(j)(2) may be exempt from the attention to accuracy, relevance, timeliness, following subsections of 5 U.S.C. 552a(c)(3), and completeness would unfairly hamper the ADDRESSES: Comments may be (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), investigative process. It is the nature of law submitted either by mail or and (I), (e)(5), (e)(8), (f), and (g). enforcement for investigations to uncover the electronically. Written comments (B) Investigatory material compiled for law commission of illegal acts at diverse stages. enforcement purposes, other than material It is frequently impossible to determine should be mailed to Wayne Kaiser, within the scope of subsection 5 U.S.C. initially what information is accurate, Environmental Protection Agency, Air 552a(j)(2), may be exempt pursuant to 5 relevant, timely, and least of all complete. Planning and Development Branch, 901 U.S.C. 552a(k)(2). However, if an individual With the passage of time, seemingly North 5th Street, Kansas City, Kansas is denied any right, privilege, or benefit for irrelevant or untimely information may 66101. Electronic comments should be acquire new significance as further which he would otherwise be entitled by sent either to [email protected] or Federal law or for which he would otherwise investigation brings new details to light. be eligible, as a result of the maintenance of (H) From subsection (e)(8) because the to http://www.regulations.gov, which is the information, the individual will be notice requirements of this provision could an alternative method for submitting provided access to the information exempt to present a serious impediment to law electronic comments to EPA. To submit the extent that disclosure would reveal the enforcement by revealing investigative comments, please follow the detailed techniques, procedures, and existence of identify of a confidential source. instructions described in ‘‘What action Note: When claimed, this exemption confidential investigations. SUPPLEMENTARY allows limited protection of investigative (I) From subsection (f) because the agency’s is EPA taking’’ in the reports maintained in a system of records rules are inapplicable to those portions of the INFORMATION section of the direct final used in personnel or administrative actions. system that are exempt and would place the rule which is located in the rules Any portion of this system of records which burden on the agency of either confirming or section of the Federal Register. falls within the provisions of 5 U.S.C. denying the existence of a record pertaining 552a(k)(2) may be exempt from the following to a requesting individual might in itself FOR FURTHER INFORMATION CONTACT: subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), provide an answer to that individual relating Wayne Kaiser at (913) 551–7603, or by (e)(4)(G), (H) and (I), and (f). to an on-going investigation. The conduct of e-mail at [email protected]. (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2). a successful investigation leading to the (iii) Reasons: (A) From subsection (c)(3) indictment of a criminal offender precludes SUPPLEMENTARY INFORMATION: In the the applicability of established agency rules because the release of accounting of final rules section of the Federal relating to verification of record, disclosure disclosure would inform a subject that he or Register, EPA is approving the state’s of the record to that individual, and record she is under investigation. This information amendment procedures for this record SIP revision as a direct final rule would provide considerable advantage to the system. without prior proposal because the subject in providing him or her with (J) From subsection (g) because this system Agency views this as a noncontroversial knowledge concerning the nature of the of records should be exempt to the extent investigation and the coordinated revision amendment and anticipates no that the civil remedies relate to provisions of relevant adverse comments to this investigative efforts and techniques 5 U.S.C. 552a from which this rule exempts employed by the cooperating agencies. This the system. action. A detailed rationale for the would greatly impede criminal law Dated: November 20, 2003. approval is set forth in the direct final enforcement. rule. If no relevant adverse comments (B) From subsection (c)(4) and (d), because Patricia L. Toppings, notification would alert a subject to the fact Alternate OSD Federal Register Liaison are received in response to this action, that an open investigation on that individual Officer, Department of Defense. no further activity is contemplated in relation to this action. If EPA receives is taking place, and might weaken the on- [FR Doc. 03–30398 Filed 12–8–03; 8:45 am] going investigation, reveal investigative relevant adverse comments, the direct BILLING CODE 5001–06–P techniques, and place confidential final rule will be withdrawn and all informants in jeopardy. public comments received will be (C) From subsection (e)(1) because the nature of the criminal and/or civil ENVIRONMENTAL PROTECTION addressed in a subsequent final rule investigative function creates unique AGENCY based on this proposed action. EPA will problems in prescribing a specific parameter not institute a second comment period in a particular case with respect to what 40 CFR Part 52 on this action. Any parties interested in information is relevant or necessary. Also, [MO 199–1199; FRL–7592–4] information may be received which may relate to a case under the investigative Approval and Promulgation of jurisdiction of another agency. The maintenance of this information may be Implementation Plans; State of necessary to provide leads for appropriate Missouri law enforcement purposes and to establish patterns of activity that may relate to the AGENCY: Environmental Protection jurisdiction of other cooperating agencies. Agency (EPA).

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commenting on this action should do so ADDRESSES: Comments may be due to technical difficulties or needs at this time. Please note that if EPA submitted either by mail or further information on the substance of receives adverse comment on part of electronically. Written comments your comment. EPA’s policy is that EPA this rule and if that part can be severed should be mailed to Makeba Morris, will not edit your comment, and any from the remainder of the rule, EPA may Chief, Air Quality Branch, Mailcode identifying or contact information adopt as final those parts of the rule that 3AP21, U.S. Environmental Protection provided in the body of a comment will are not the subject of an adverse Agency, Region III, 1650 Arch Street, be included as part of the comment that comment. For additional information, Philadelphia, Pennsylvania 19103. is placed in the official public docket. see the direct final rule which is located Electronic comments should be sent If EPA cannot read your comment due in the rules section of this Federal either to [email protected] or to to technical difficulties and cannot Register. http://www.regulations.gov, which is an contact you for clarification, EPA may Dated: November 18, 2003. alternative method for submitting not be able to consider your comment. i. E-mail. Comments may be sent by William W. Rice, electronic comments to EPA. To submit comments, please follow the detailed electronic mail (e-mail) to Acting Regional Administrator, Region 7. instructions described in the [email protected], attention: [FR Doc. 03–30040 Filed 12–8–03; 8:45 am] Supplementary Information section. MD152–3105. EPA’s e-mail system is BILLING CODE 6560–50–P Copies of the documents relevant to this not an ‘‘anonymous access’’ system. If action are available for public you send an e-mail comment directly inspection during normal business without going through Regulations.gov, ENVIRONMENTAL PROTECTION hours at the Air Protection Division, EPA’s e-mail system automatically AGENCY U.S. Environmental Protection Agency, captures your e-mail address. E-mail addresses that are automatically 40 CFR Part 52 Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the captured by EPA’s e-mail system are Air and Radiation Docket and included as part of the comment that is [MD152–3105b ; FRL–7596–5] Information Center, U.S. Environmental placed in the official public docket. ii. Regulations.gov. Your use of Approval and Promulgation of Air Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, Regulation.gov is an alternative method Quality Implementation Plans; of submitting electronic comments to Maryland; Control of Emissions of DC 20460; and the Maryland Department of the Environment, 1800 EPA. Go directly to http:// Volatile Organic Compounds From www.regulations.gov, then select Consumer Products Washington Boulevard, Suite 705, Baltimore, Maryland 21230. ‘‘Environmental Protection Agency’’ at the top of the page and use the ‘‘go’’ AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Rose button. The list of current EPA actions Agency (EPA). Quinto, (215) 814–2182, or by e-mail at available for comment will be listed. ACTION: Proposed rule. [email protected]. Please follow the online instructions for SUPPLEMENTARY INFORMATION: For submitting comments. The system is an SUMMARY: EPA proposes to approve the further information, please see the ‘‘anonymous access’’ system, which State Implementation Plan (SIP) information provided in the direct final means EPA will not know your identity, revision submitted by the State of action, Maryland’s Control of Emissions e-mail address, or other contact Maryland for the purpose of establishing of Volatile Organic Compounds from information unless you provide it in the a regulation to control volatile organic Consumer Products, that is located in body of your comment. compounds from consumer products. In the ‘‘Rules and Regulations’’ section of iii. Disk or CD ROM. You may submit the Final Rules section of this Federal this Federal Register publication. comments on a disk or CD ROM that Register, EPA is approving the State’s You may submit comments either you mail to the mailing address SIP submittal as a direct final rule electronically or by mail. To ensure identified in the ADDRESSES section of without prior proposal because the proper receipt by EPA, identify the this document. These electronic Agency views this as a noncontroversial appropriate rulemaking identification submissions will be accepted in submittal and anticipates no adverse number MD152–3105 in the subject line WordPerfect, Word or ASCII file format. comments. A more detailed description on the first page of your comment. Avoid the use of special characters and of the state submittal and EPA’s Please ensure that your comments are any form of encryption. evaluation are included in a Technical submitted within the specified comment 2. By Mail. Written comments should Support Document (TSD) prepared in period. Comments received after the be addressed to the EPA Regional office support of this rulemaking action. A close of the comment period will be listed in the ADDRESSES section of this copy of the TSD is available, upon marked ‘‘late.’’ EPA is not required to document. request, from the EPA Regional Office consider these late comments. For public commenters, it is listed in the ADDRESSES section of this 1. Electronically. If you submit an important to note that EPA’s policy is document. If no adverse comments are electronic comment as prescribed that public comments, whether received in response to this action, no below, EPA recommends that you submitted electronically or in paper, further activity is contemplated. If EPA include your name, mailing address, will be made available for public receives adverse comments, the direct and an e-mail address or other contact viewing at the EPA Regional Office, as final rule will be withdrawn and all information in the body of your EPA receives them and without change, public comments received will be comment. Also include this contact unless the comment contains addressed in a subsequent final rule information on the outside of any disk copyrighted material, confidential based on this proposed rule. EPA will or CD ROM you submit, and in any business information (CBI), or other not institute a second comment period. cover letter accompanying the disk or information whose disclosure is Any parties interested in commenting CD ROM. This ensures that you can be restricted by statute. When EPA on this action should do so at this time. identified as the submitter of the identifies a comment containing DATES: Comments must be received in comment and allows EPA to contact you copyrighted material, EPA will provide writing by January 8, 2004. in case EPA cannot read your comment a reference to that material in the

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version of the comment that is placed in Please note that if EPA receives ADDRESSES: Comments may be the official public rulemaking file. The adverse comment on an amendment, submitted either by mail or entire printed comment, including the paragraph, or section of this rule and if electronically. Written comments copyrighted material, will be available that provision may be severed from the should be mailed to Raymond Werner, at the Regional Office for public remainder of the rule, EPA may adopt Chief, Air Programs Branch, inspection. as final those provisions of the rule that Environmental Protection Agency, are not the subject of an adverse Region 2 Office, 290 Broadway, New Submittal of CBI Comments comment. York, New York 10007–1866. Electronic Do not submit information that you Dated: November 28, 2003. comments could be sent either to consider to be CBI electronically to EPA. Donald S. Welsh, [email protected] or to http:// You may claim information that you www.regulations.gov, which is an Regional Administrator, Region III. submit to EPA as CBI by marking any alternative method for submitting part or all of that information as CBI (if [FR Doc. 03–30510 Filed 12–8–03; 8:45 am] electronic comments to EPA. Go directly you submit CBI on disk or CD ROM, BILLING CODE 6560–50–P to http://www.regulations.gov, then mark the outside of the disk or CD ROM select ‘‘Environmental Protection as CBI and then identify electronically Agency’’ at the top of the page and use ENVIRONMENTAL PROTECTION within the disk or CD ROM the specific the ‘‘go’’ button. Please follow the on- AGENCY information that is CBI). Information so line instructions for submitting marked will not be disclosed except in 40 CFR Part 52 comments. accordance with procedures set forth in Copies of the state submittal(s) are 40 CFR part 2. [Region II Docket No. NJ 63–263, FRL– available at the following addresses for In addition to one complete version of 7596–7] inspection during normal business the comment that includes any hours: information claimed as CBI, a copy of Approval and Promulgation of New Jersey Department of the comment that does not contain the Implementation Plans; New Jersey Environmental Protection and Energy, information claimed as CBI must be Emission Statement Program Office of Air Quality Management, submitted for inclusion in the official AGENCY: Environmental Protection Bureau of Air Quality Planning, 401 public regional rulemaking file. If you Agency. East State Street, CN418, Trenton, New submit the copy that does not contain Jersey 08625. ACTION: Proposed rule. CBI on disk or CD ROM, mark the Environmental Protection Agency, outside of the disk or CD ROM clearly SUMMARY: The Environmental Protection Region II Office, 290 Broadway, New that it does not contain CBI. Information Agency (EPA) is proposing to approve York, New York 10007–1866. not marked as CBI will be included in the State Implementation Plan (SIP) FOR FURTHER INFORMATION CONTACT: the public file and available for public revision submitted by the State of New Raymond K. Forde, Air Programs inspection without prior notice. If you Jersey on January 23, 2003 for the Branch, Environmental Protection have any questions about CBI or the purpose of enhancing an existing Agency, 290 Broadway, 25th Floor, New procedures for claiming CBI, please Emission Statement Program for York, New York 10007–1866, (212) 637– consult the person identified in the FOR stationary sources in New Jersey. The 3716, [email protected]. FURTHER INFORMATION CONTACT section. SIP revision consists of amendments to SUPPLEMENTARY INFORMATION: the New Jersey Administrative Code Considerations When Preparing I. What Is Required by the Clean Air (N.J.A.C.) Title 27, Chapter 27, Comments to EPA Act and How Does It Apply to New Subchapter 21 Emission Statements. Jersey? You may find the following The SIP revision was submitted by suggestions helpful for preparing your New Jersey to satisfy the Clean Air Act Emission Statements (Annual Reporting comments: requirements for stationary sources to of VOC and NOX) 1. Explain your views as clearly as report annually to the State on their possible. The air quality planning and SIP emissions of volatile organic requirements for ozone nonattainment 2. Describe any assumptions that you compounds (VOC), oxides of nitrogen used. and transport areas are established in (NOX) and carbon monoxide (CO), in subparts I and II of part D of title I of 3. Provide any technical information order for the State to make this data and/or data you used that support the Clean Air Act, as amended in 1990 available to EPA and the public. (the Act). EPA has published a ‘‘General your views. The rule enhances the reporting 4. If you estimate potential burden or Preamble’’ and ‘‘Appendices to the requirements of VOC and NO and costs, explain how you arrived at your X General Preamble’’ (see 57 FR 13498 expands the reporting requirement estimate. (April 16, 1992), and 57 FR 18070 (April 5. Provide specific examples to illustrate based on specified emission thresholds 28, 1992)) describing how EPA intends your concerns. to include CO, sulfur dioxides (SO2), to review SIPs submitted under Title I 6. Offer alternatives. total suspended particulate matter of the Act. 7. Make sure to submit your comments (TSP), particulate matter measuring 2.5 EPA has also issued a draft guidance by the comment period deadline microns or less (PM2.5), particulate document entitled, ‘‘Guidance on the identified. matter measuring 10 microns or less Implementation of an Emission 8. To ensure proper receipt by EPA, (PM10), ammonia (NH3), lead (Pb), Statement Program’’ (July 1992), identify the appropriate regional file/ hazardous air pollutants (HAPS), and describing the requirements for the rulemaking identification number in carbon dioxide (CO2) and methane Emission Statement Program discussed the subject line on the first page of (CH4). The intended effect is to provide in this rulemaking. your response. It would also be improved information to plan for and Section 182(a) of the Act establishes helpful if you provided the name, attain the air quality standards. requirements for stationary sources of date, and Federal Register citation DATES: Comments must be received on air pollution to prepare and submit to related to your comments. or before January 8, 2004. the state statements each year showing

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actual emissions of VOCs and NOX. June 2004, for emissions that occurred requires EPA to provide a report to Further, states with ozone during calendar year 2002. Congress that considers the rate and nonattainment areas are required to New Jersey’s Emission Statement rule, mass of HAP emissions and the health submit a revision to their SIPs by which requires facilities to report and environmental effects of these November 15, 1992, establishing this information for the criteria pollutants emissions. Section 112(c)(6) requires a Emission Statement Program. and the associated precursors list of categories and subcategories of Facilities are required to submit their mentioned above, will now enable the HAP sources subject to standards that first emission statement to a state within State to satisfy the federal CERR account for not less than 90 percent of three years of promulgation of the Act requirements for major sources. the aggregate emission of each pollutant. and annually thereafter. If either VOC or Hazardous Air Pollutants (Periodic Although these new requirements do NOX is emitted at or above the Reporting of Hazardous Air Pollutants) not include specific provisions minimum reporting level that is requiring the compilation of HAP In addition to the emission inventory established in a state Emission emissions inventories, they do provisions related to NAAQS pollutants, Statement Program, the other pollutant introduce the need for such inventories EPA has requested that the states report (NOX or VOC) from the same facility in order to carry out the mandated HAP emissions from anthropogenic should be included in the emission statutes. sources for the National Toxics statement, even if the pollutant is Inventory. The National Toxics Section 112(k)(3) of the Act mandates emitted at levels below the minimum Inventory (NTI) is an emission that EPA develop a strategy to control reporting level. inventory developed every three years emissions of HAPs from area sources in Section 182(a)(3)(B)(ii) of the Act (1993, 1996, 1999, etc.) by EPA. The NTI urban areas, and that the strategy allows states to waive, with EPA is a complete national inventory of achieves a reduction in the incidence of approval, the requirement for an stationary and mobile sources that emit cancer attributable to exposure to HAPs emission statement for classes or hazardous air pollutants (HAPs). emitted by stationary sources of not less categories of sources with less than 25 The NTI contains emission estimates than 75 percent, considering control of tons per year of actual plant-wide NOX for large stationary sources (point), emissions from all stationary sources, as and VOC emissions in nonattainment small stationary sources (non-point), well as a substantial reduction in public areas if the class or category is included and mobile sources. Point sources in the health risks posed by HAPs from area in the base year and periodic NTI include major and area source sources. These mandated risk inventories and emissions are calculated categories as defined in section 112 of reductions are to be achieved by taking using emission factors established by the Clean Air Act. Non-point source into account all emission control EPA (such as those found in EPA categories in the NTI include area measures implemented by the publication AP–42) or other methods sources that are not included in the Administrator or by the states under this acceptable to EPA. point sources and other stationary or any other laws. A reliable HAP Consolidated Emission Reporting Rule source categories. Individual emission emission inventory covering all (Annual Reporting for All Criteria estimates are developed for point stationary sources of HAPs, including Pollutants) sources, while aggregate emission point and area sources, will be estimates at the county level are important in developing the mandated In order to consolidate reporting developed and recorded for non-point strategy and demonstrating that the requirements by the states to EPA, on stationary and mobile sources. The NTI strategy achieves the mandated risk June 10, 2002 (see FR 39602), EPA also identifies facilities and non-point reductions. It would be virtually published the final Consolidated source categories that are associated impossible for EPA to identify and Emissions Reporting rule (CERR). The with MACT categories. estimate HAP-specific emission purpose of the CERR is to simplify the Need for NTI Inventory reductions from all the federal and State states’ annual reporting of criteria rules that might result in HAP emission pollutants for which the National Title V of the Act requires the reductions. Therefore, EPA believes Ambient Air Quality Standards Administrator to perform an oversight development of the strategy and (NAAQS) have been established and role with respect to state issued permits, assessment of progress in achieving the their precursors (VOC, NOX, SO2, PM10, including permits issued to major strategic goals requires the development PM2.5, CO, NH3, Pb) to EPA, offer sources of HAP emissions. In order to and periodic update of a HAP emission options for data collection and determine whether that program is inventory. exchange, and unify reporting dates for being appropriately and lawfully various categories of criteria pollutant administrated by the states with respect As presented in the July 19, 1999 emission inventories. The CERR to major HAP sources, a HAP emission Federal Register action on the National requires states to report to EPA inventory is necessary. States are Air Toxics Program: The Integrated Urban Strategy (64 FR 38706), a emissions of NOX, CO, VOC, Pb, SO2, developing programs to regulate HAPs designed approach has been developed PM10, annually for industrial point and State Title V programs must include sources (based on specific emission permits for all HAP sources emitting that depends upon a reliable and thresholds) based on calendar year (CY) major quantities of HAPs (10 tons of one periodically updated HAP emission 2001 and due June 1, 2003 and HAP or 25 tons of multiple HAPs per inventory as a critical element in the continuing every year thereafter (i.e., CY year). Thus, the EPA believes including assessments that support the 2002 emission inventory due June 1, HAPs in the point source inventory is development and evaluation of our 2004, CY 2003 emission inventory due appropriate and necessary. urban strategy. June 1, 2005, * * * etc.). One important Section 112(n)(1)(A) of the Act New Jersey’s Emission Statement rule, element of the CERR is a requirement requires EPA to report to Congress on which requires facilities to report that states collect PM2.5 and ammonia the hazards to public health reasonably information for the hazardous air (NH3) emissions data from industrial anticipated to occur as a result of pollutants, will now help the State to facilities. Reporting of PM2.5 and NH3 emissions from electric utility steam satisfy the HAPs reporting requirements from point sources becomes effective generating units. Section 112(n)(1)(B) for major sources.

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II. What Was Included in New Jersey’s other criteria pollutants mentioned hydrochloric acid, hydrazine, Submittal? earlier to report annual emission methylene chloride, statements for VOC, NO , CO and 36 tetrachloroethylene, 1,1,1 New Jersey’s Submittal X HAPs. trichloroethane, CO2 and methane. On January 23, 2003, New Jersey New Jersey’s regulations include While EPA recognizes the value of this submitted a SIP revision for ozone and special provisions that require sources information, EPA will not take CO which included an adopted which have the potential to emit 25 tons enforcement action should a facility not Emission Statement Regulation. The per year or more of VOC, or, the submit this information to the State in regulation amends New Jersey potential to emit equal to or higher than an emission statement because these Administrative Code Title 7, Chapter 27, the specific emission thresholds for the substances do not contribute to Subchapter 21 Emission Statements and other criteria pollutants mentioned violation of the NAAQS. Subchapter 22 Operating Permits, and earlier to submit annual emission It should be noted the State’s SIP Title 7, Chapter 27A, Subchapter 3 Civil statements for VOC, NOX, CO, SO2, TSP, revision request also contains Administrative Penalties and Requests Pb, PM10, PM2.5, NH3, CO2 and CH4 and Subchapter 22 Operating Permits and for Adjudicatory Hearings. The 36 HAPs. Title 7, Chapter 27A, Subchapter 3 Civil amendments were adopted on January EPA has determined that New Jersey Administrative Penalties and Requests 23, 2003, by the New Jersey Department has addressed the emission statement for Adjudicatory Hearings. In this action of Environmental Protection (NJDEP) applicability provisions in a manner EPA is officially acting on NJAC Title 7, and became effective on February 18, that is acceptable to EPA. In addition, Chapter 27, Subchapter 21 Emission 2003. New Jersey’s emission statement rule Statements. However, EPA will not be will assist the State in satisfying the EPA’s Findings acting on NJAC Title 7, Subchapter 22 annual reporting requirements for the Operating Permits and Title 7, Chapter EPA has determined that an federal CERR, help the State to develop 27A, Subchapter 3 Civil Administrative acceptable Emission Statement Program a HAPS emission inventory for use in Penalties and Requests for Adjudicatory must have several components. National Air Toxics Assessment. Specifically, a state must submit it as a Hearings and will not be incorporating revision to its SIP, and the Emission Definitions these amendments by reference into the Statement Program must meet the The key definitions that New Jersey SIP. Title 7, Subchapter 22 involves a minimum requirements for reporting as included in its Emission Statement separate program under EPA’s Title V outlined in EPA’s, ‘‘Guidance on the Regulation are consistent with the EPA program. Title 7, Chapter 27A, Implementation of an Emission guidance. Subchapter 3 involves enforcement and Statement Program’’ (July 1992). The civil penalties, EPA has its own program must include, at a minimum, Compliance enforcement provisions separate from provisions specifying source All measures and other elements in the State program. applicability, definitions, compliance, the SIP must be enforceable by the State III. General Information and specific source reporting and EPA. SIP provisions must also requirements. contain a program that provides for A. How Can I Get Copies of This EPA’s detailed review of New Jersey’s enforcement of the control measures Document and Other Related Emission Statement Program is and other elements in the SIP (see Information? contained in a technical support section 110(a)(2)(C)). document available from the source for The State of New Jersey has a program 1. The Regional Office has established further information identified at the in its SIP that will ensure that the an official public rulemaking file beginning of this proposal. requirements of section 182(a)(3)(B) are available for inspection at the Regional adequately enforced. In addition, New Office. EPA has established an official Applicability Jersey has established penalties to be public rulemaking file for this action In ozone nonattainment areas, assessed for each reporting violation. under Region 2 Docket Number NJ 63– facilities which emit VOC or NOX in New Jersey’s statute and regulations 263. The official public file consists of amounts of 25 tons per year or more includes the authority to issue the documents specifically referenced in must submit an emission statement. The compliance orders with appropriate this action, any public comments entire State of New Jersey is designated penalties and injunctive relief for received, and other information related nonattainment of the NAAQS for ozone. sources failing to comply. EPA has to this action. Although a part of the New Jersey’s regulation appropriately determined that New Jersey has an official docket, the public rulemaking requires facilities anywhere in the State adequate enforcement program in place file does not include Confidential actually emitting or having the potential to satisfy the compliance requirements Business Information (CBI) or other to emit 10 tons per year or more of VOC of an Emission Statement Program. information whose disclosure is or 25 tons per year or more of NOX to restricted by statute. The official public submit an annual emission statement. Reporting Requirements rulemaking file is the collection of New Jersey’s regulation requires In accordance with EPA requirements, materials that is available for public sources which have the potential to emit New Jersey requires the necessary viewing at the Environmental Protection 100 tons per year or more of CO, SO2, source-supplied data elements from Agency, Region II Office, Air Programs TSP, PM2.5, PM10, NH3 or 5 tons per year facilities. The survey forms that New Branch, 290 Broadway, New York, New or more of Pb to submit annual emission Jersey provides to facilities for use in York 10007–1866. EPA requests that if statements. reporting emission statement data are at all possible, you contact the contact New Jersey’s rule has special not EPA forms but require the necessary listed in the For Further Information provisions which require sources which data. Contact section to schedule your have the potential to emit VOC greater The State’s Emission Statement inspection. The Regional Office’s than 10 tons per year but less than 25 program requires facilities to report on official hours of business are Monday tons per year of VOC, or less than the the following pollutants to assist the through Friday, 8:30 to 4:30 excluding applicable reporting thresholds for the State in air quality planning needs: Federal Holidays.

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2. Copies of the State submittal and CD ROM. This ensures that you can be 3. By Hand Delivery or Courier. EPA’s technical support document are identified as the submitter of the Deliver your comments to: Raymond also available for public inspection comment and allows EPA to contact you Werner, Chief, Air Programs Branch, during normal business hours, by in case EPA cannot read your comment Environmental Protection Agency, appointment at the State Air Agency. due to technical difficulties or needs Region II Office, 290 Broadway, New New Jersey Department of further information on the substance of York, New York 10007–1866. Such Environmental Protection and Energy, your comment. EPA’s policy is that EPA deliveries are only accepted during the Office of Air Quality Management, will not edit your comment, and any Regional Office’s normal hours of Bureau of Air Quality Planning, 401 identifying or contact information operation. The Regional Office’s official East State Street, CN418, Trenton, New provided in the body of a comment will hours of business are Monday through Jersey 08625. be included as part of the comment that Friday, 8:30 to 4:30 excluding Federal 3. Electronic Access. You may access is placed in the official public docket. Holidays. this Federal Register document If EPA cannot read your comment due electronically through the C. How Should I Submit CBI to the to technical difficulties and cannot Agency? Regulations.gov Web site located at contact you for clarification, EPA may http://www.regulations.gov where you not be able to consider your comment. Do not submit information that you can find, review, and submit comments i. E-mail. Comments may be sent by consider to be CBI electronically to EPA. on Federal rules that have been electronic mail (e-mail) to You may claim information that you published in the Federal Register, the [email protected], please submit to EPA as CBI by marking any Government’s legal newspaper, and are include the text ‘‘Public comment on part or all of that information as CBI (if open for comment. proposed rulemaking Region 2 Docket you submit CBI on disk or CD ROM, For public commenters, it is Number NJ 63–263’’ in the subject line. mark the outside of the disk or CD ROM important to note that EPA’s policy is EPA’s e-mail system is not an as CBI and then identify electronically that public comments, whether ‘‘anonymous access’’ system. If you within the disk or CD ROM the specific submitted electronically or in paper, send an e-mail comment directly information that is CBI). Information so will be made available for public without going through Regulations.gov, marked will not be disclosed except in viewing at the EPA Regional Office, as EPA’s e-mail system automatically accordance with procedures set forth in EPA receives them and without change, captures your e-mail address. E-mail 40 CFR part 2. unless the comment contains In addition to one complete version of addresses that are automatically copyrighted material, CBI, or other the comment that includes any captured by EPA’s e-mail system are information whose disclosure is information claimed as CBI, a copy of included as part of the comment that is restricted by statute. When EPA the comment that does not contain the placed in the official public docket. identifies a comment containing information claimed as CBI must be ii. Regulations.gov. Your use of copyrighted material, EPA will provide submitted for inclusion in the official Regulations.gov is an alternative method a reference to that material in the public regional rulemaking file. If you of submitting electronic comments to version of the comment that is placed in submit the copy that does not contain EPA. Go directly to Regulations.gov at the official public rulemaking file. The CBI on disk or CD ROM, mark the http://www.regulations.gov, then click entire printed comment, including the outside of the disk or CD ROM clearly on the button ‘‘TO SEARCH FOR copyrighted material, will be available that it does not contain CBI. Information REGULATIONS CLICK HERE’’, and at the Regional Office for public not marked as CBI will be included in select Environmental Protection Agency inspection. the public file and available for public as the Agency name to search on. The inspection without prior notice. If you B. How and to Whom Do I Submit list of current EPA actions available for have any questions about CBI or the Comments? comment will be listed. Please follow procedures for claiming CBI, please the online instructions for submitting You may submit comments consult the person identified in the FOR comments. The system is an electronically, by mail, or through hand FURTHER INFORMATION CONTACT section. delivery/courier. To ensure proper ‘‘anonymous access’’ system, which receipt by EPA, identify the appropriate means EPA will not know your identity, IV. What Is EPA’s Conclusion? rulemaking identification number by e-mail address, or other contact EPA has concluded that the New including the text ‘‘Public comment on information unless you provide it in the Jersey program contains the necessary proposed rulemaking Region 2 Docket body of your comment. applicability, compliance and reporting Number NJ 63–263’’ in the subject line iii. Disk or CD ROM. You may submit provisions necessary to meet the on the first page of your comment. comments on a disk or CD ROM that requirements for an Emission Statement Please ensure that your comments are you mail to the mailing address Program. EPA is proposing to approve submitted within the specified comment identified in section 2, directly below. Subchapter 21, Emission Statements, as period. Comments received after the These electronic submissions will be part of the SIP. close of the comment period will be accepted in WordPerfect, Word or ASCII marked ‘‘late.’’ EPA is not required to file format. Avoid the use of special V. Statutory and Executive Order consider these late comments. characters and any form of encryption. Reviews 1. Electronically. If you submit an 2. By Mail. Send your comments to: Under Executive Order 12866 (58 FR electronic comment as prescribed Raymond Werner, Chief, Air Programs 51735, October 4, 1993), this proposed below, EPA recommends that you Branch, Environmental Protection action is not a ‘‘significant regulatory include your name, mailing address, Agency, Region II Office, 290 Broadway, action’’ and therefore is not subject to and an e-mail address or other contact New York, New York 10007–1866. review by the Office of Management and information in the body of your Please include the text ‘‘Public Budget. For this reason, this action is comment. Also include this contact comment on proposed rulemaking also not subject to Executive Order information on the outside of any disk Region 2 Docket Number NJ 63–263’’ in 13211, ‘‘Actions Concerning Regulations or CD ROM you submit, and in any the subject line on the first page of your That Significantly Affect Energy Supply, cover letter accompanying the disk or comment. Distribution, or Use’’ (66 FR 28355, May

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22, 2001). This proposed action merely 272 note) do not apply. This proposed will take effect as scheduled. Any proposes to approve state law as rule does not impose an information parties interested in commenting on this meeting Federal requirements and collection burden under the provisions action should do so at this time. imposes no additional requirements of the Paperwork Reduction Act of 1995 DATES: Written comments must be beyond those imposed by state law. (44 U.S.C. 3501 et seq.). received on or before January 8, 2004. Accordingly, the Administrator certifies List of Subjects in 40 CFR Part 52 ADDRESSES: Mail written comments to that this proposed rule will not have a Alima Patterson, Region 6, Regional significant economic impact on a Air pollution control, Carbon Authorization Coordinator, State and substantial number of small entities monoxide, Lead, Nitrogen dioxide, Oversight Section (6PD–G), Multimedia under the Regulatory Flexibility Act (5 Ozone, Particulate matter, Reporting Planning and Permitting Division, at the U.S.C. 601 et seq.). Because this rule and recordkeeping requirements, Sulfur address shown below. You can examine proposes to approve pre-existing oxides, Volatile organic compounds. copies of the materials submitted by the requirements under state law and does Authority: 42 U.S.C. 7401 et seq. State of Louisiana during normal not impose any additional enforceable Dated: November 28, 2003. business hours at the following duty beyond that required by state law, Kathleen C. Callahan, locations: EPA Region 6, 1445 Ross it does not contain any unfunded Acting Regional Administrator, Region 2. Avenue, Dallas, Texas 75202–2733, mandate or significantly or uniquely (214) 665–6444 ; or Louisiana [FR Doc. 03–30514 Filed 12–8–03; 8:45 am] affect small governments, as described Department of Environmental Quality, in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P 602 N. Fifth Street, Baton Rouge, of 1995 (Pub. L. 104–4). Louisiana 70884–2178, (225) 219–3559. This proposed rule also does not have FOR FURTHER INFORMATION CONTACT: tribal implications because it will not ENVIRONMENTAL PROTECTION Alima Patterson (214) 665–8533. have a substantial direct effect on one or AGENCY SUPPLEMENTARY INFORMATION: more Indian tribes, on the relationship For 40 CFR Part 271 between the Federal Government and additional information, please see the Indian tribes, or on the distribution of [FRL–7597–6] immediate final rule published in the power and responsibilities between the ‘‘Rules and Regulations’’ section of this Federal Government and Indian tribes, Hazardous Waste Management Federal Register. as specified by Executive Order 13175 Program: Final Authorization of State Dated: November 25, 2003. (65 FR 67249, November 9, 2000). This Hazardous Waste Management Richard E. Greene, Program Revisions for State of action also does not have federalism Regional Administrator, Region 6. Louisiana implications because it does not have [FR Doc. 03–30512 Filed 12–8–03; 8:45 am] substantial direct effects on the states, AGENCY: Environmental Protection BILLING CODE 6560–50–P on the relationship between the national Agency (EPA). government and the states, or on the ACTION: Proposed rule and request for distribution of power and comment. responsibilities among the various FEDERAL COMMUNICATIONS levels of government, as specified in SUMMARY: The EPA (also ‘‘the Agency ‘‘ COMMISSION Executive Order 13132 (64 FR 43255, in this preamble) is proposing to grant 47 CFR Part 53 August 10, 1999). This action merely final authorization to the State of Louisiana Department of Environmental proposes to approve a state rule WC Docket No. 03–228; DA 03–3742] implementing a Federal standard, and Quality (LDEQ) for its hazardous waste does not alter the relationship or the program revisions, specifically, Section 272(b)(1)’s ‘‘Operate distribution of power and revisions needed to meet the Resource Independently’’ Requirement for responsibilities established in the Clean Conservation and Recovery Act (RCRA), Section 272 Affiliates Air Act. This proposed rule also is not Clusters X, XI and XII which contains subject to Executive Order 13045 Federal rules promulgated from July 1, AGENCY: Federal Communications ‘‘Protection of Children from 1999, to June 30, 2002. In the ‘‘Rules Commission. Environmental Health Risks and Safety and Regulations’’ section of this Federal ACTION: Proposed rule; extension of Risks’’ (62 FR 19885, April 23, 1997), Register , EPA is authorizing the comment period. because it is not economically revisions as an immediate final rule SUMMARY: significant. without prior proposal because the EPA This document extends the In reviewing SIP submissions, EPA’s views this action as noncontroversial deadline for filing comments and reply role is to approve state choices, and anticipates no adverse comments. comments in an ongoing Commission provided that they meet the criteria of The Agency has explained the reasons rulemaking proceeding seeking the Clean Air Act. In this context, in the for this authorization in the preamble to comment on whether the Commission absence of a prior existing requirement the immediate final rule. If EPA does should modify the rules adopted to for the State to use voluntary consensus not receive adverse written comments, implement section 272(b)(1)’s ‘‘operate standards (VCS), EPA has no authority the immediate final rule will become independently’’ requirement for section to disapprove a SIP submission for effective and the Agency will not take 272 affiliates. failure to use VCS. It would thus be further action on this proposal. If EPA DATES: Comments are due December 10, inconsistent with applicable law for receives adverse written comments, a 2003, and reply comments are due EPA, when it reviews a SIP submission, second Federal Register document will December 22, 2003. to use VCS in place of a SIP submission be published before the time the FOR FURTHER INFORMATION CONTACT: that otherwise satisfies the provisions of immediate final rule takes effect. The Christi Shewman, Attorney-Advisor, the Clean Air Act. Thus, the second document may withdraw the Competition Policy Division, Wireline requirements of section 12(d) of the immediate final rule or identify the Competition Bureau, (202) 418–1686. National Technology Transfer and issues raised, respond to the comments SUPPLEMENTARY INFORMATION: On Advancement Act of 1995 (15 U.S.C. and affirm that the immediate final rule November 21, 2003, the Commission

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released a public notice issuing an requirement. A summary of the a limited extension of the deadline for extension of time for parties to file Commission’s NPRM was published in filing comments and reply comments in comments and reply comments in the Federal Register on November 21, this proceeding. response to a November 4, 2003, Notice 2003, triggering the cycle for comments Federal Communications Commission. of Proposed Rulemaking (NPRM) and reply comments on the NPRM, 68 seeking comment on whether the FR 65665, November 21, 2003. Due to Marlene H. Dortch, Commission should modify the rules the intervening Thanksgiving holiday Secretary. adopted to implement section during the comment cycle, the [FR Doc. 03–30441 Filed 12–8–03; 8:45 am] 272(b)(1)’s ‘‘operate independently’’ Commission grants, on its own motion, BILLING CODE 6712–01–P

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Notices Federal Register Vol. 68, No. 236

Tuesday, December 9, 2003

This section of the FEDERAL REGISTER inclusion on the syllabus for the Joint DEPARTMENT OF AGRICULTURE contains documents other than rules or Board’s examination program for the proposed rules that are applicable to the May 2004 Basic (EA–1) Examination Forest Service public. Notices of hearings and investigations, and the May 2004 Pension (EA–2B) committee meetings, agency decisions and Shawnee National Forest, Illinois: Examination will be discussed. rulings, delegations of authority, filing of Hiker/Equestrian Trails Designation petitions and applications and agency A determination has been made as Project (Phase 1) statements of organization and functions are required by section 10(d) of the Federal examples of documents appearing in this Advisory Committee Act, 5 U.S.C. App., AGENCY: Forest Service, USDA. section. that the portions of the meeting dealing ACTION: Notice of intent to prepare an with the discussion of questions which environmental impact statement. may appear on the Joint Board’s JOINT BOARD FOR THE SUMMARY: The USDA Forest Service examinations and review of the ENROLLMENT OF ACTUARIES Shawnee National Forest intends to November 2003 Joint Board examination prepare an environmental impact Meeting of the Advisory Committee fall within the exceptions to the open statement to disclose the environmental meeting requirement set forth in 5 AGENCY: Joint Board for the Enrollment consequences of designating additional U.S.C. 552b(c)(9)(B), and that the public of Actuaries. miles of National Forest hiker/ interest requires that such portions be equestrian system trails within four ACTION: Notice of Federal Advisory closed to public participation. Committee meeting. watersheds on the Forest—Lusk Creek, The portion of the meeting dealing Upper Bay Creek, Eagle Creek, and Big SUMMARY: The Executive Director of the with the discussion of the other topics Grand Pierre Creek—and restricting Joint Board for the Enrollment of will commence at 1 p.m. on January 9 equestrian use within these watersheds Actuaries gives notice of a meeting of and will continue for as long as to the system trails. the Advisory Committee on Actuarial necessary to complete the discussion, DATES: Comments concerning the scope Examinations (portions of which will be but not beyond 3 p.m. Time permitting, of the analysis must be received by open to the public) in Washington, DC, after the close of this discussion by January 30, 2004. The draft at the Office of Professional Committee members, interested persons environmental impact statement is Responsibility on January 8 and 9, 2004. may make statements germane to this expected to be published in May, 2004 DATES: Thursday, January 8, 2004, from subject. Persons wishing to make oral and the final environmental impact 9 a.m. to 5 p.m., and Friday, January 9, statements should notify the Executive statement is expected in September, 2004, from 8:30 a.m. to 5 p.m. Director in writing prior to the meeting 2004. ADDRESSES: The meeting will be held in in order to aid in scheduling the time ADDRESSES: Send written comments to Suite 4200E, Conference Room, Fourth available and must submit the written Matt Lechner, NEPA Coordinator, Floor, East Tower, Franklin Court text, or at a minimum, an outline of Attention: Trails Designation, Shawnee Building, 1099 14th Street, NW., comments they propose to make orally. National Forest, 50 Highway 145 South, Washington, DC. Such comments will be limited to 10 Harrisburg, IL 62946. Send comments FOR FURTHER INFORMATION CONTACT: minutes in length. All other persons electronically to: Patrick W. McDonough, Executive planning to attend the public session [email protected]; Director of the Joint Board for the must also notify the Executive Director indicate ‘‘Trail Designation’’ on the Enrollment of Actuaries, 202–694–1858. in writing to obtain building entry. subject line. SUPPLEMENTARY INFORMATION: Notice is Notifications of intent to make an oral FOR FURTHER INFORMATION CONTACT: Tim hereby given that the Advisory statement or to attend must be faxed, no Pohlman, Recreation Program Manager, Committee on Actuarial Examinations later than December 31, 2003, to 202– or Richard Blume-Weaver, Planning will meet in Suite 4200E, Conference 694–1876, Attn: Executive Director. Any Staff Officer, at (618) 253–7114, 1–800– Room, Fourth Floor, East Tower, interested person also may file a written MYWOODS, or e-mail Franklin Court Building, 1099 14th statement for consideration by the Joint [email protected] with a copy to Street, NW., Washington, DC, on Board and the Committee by sending it [email protected]. Thursday, January 8, 2004, from 9 a.m. to the Executive Director: Joint Board for Maps of the trails proposed for to 5 p.m., and Friday, January 9, 2004, the Enrollment of Actuaries, c/o Internal designation are available for review at from 8:30 a.m. to 5 p.m. the Forest Supervisor’s Office, 50 Revenue Service, Attn: Executive The purpose of the meeting is to Highway 145 South, Harrisburg, Illinois; Director SE:OPR, 1111 Constitution discuss topics and questions which may the Vienna-Elizabethtown Ranger be recommended for inclusion on future Avenue, NW., Washington, DC 20224. District Station, 602 N. 1st St., Vienna, Joint Board examinations in actuarial Dated: December 2, 2003. and the Elizabethtown Work Center, mathematics and methodology referred Patrick W. McDonough, Elizabethtown, Illinois; the Jonesboro- to in 29 U.S.C. 1242(a)(1)(B) and to Executive Director, Joint Board for the Murphysboro Ranger District Station, review the November 2003 Pension Enrollment of Actuaries. 521 N. Main St., Jonesboro, and the (EA–2A) Joint Board Examination in [FR Doc. 03–30523 Filed 12–8–03; 8:45 am] Murphysboro Work Center, 2221 order to make recommendations relative Walnut, Murphysboro, Illinois; the thereto, including the minimum BILLING CODE 4830–01–P public libraries in Benton, Carbondale, acceptable pass score. Topics for Golconda, Harrisburg, Jonesboro,

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Marion, Metropolis, Murphysboro, system; (3) amend the Forest Plan to adversely affect wilderness and natural Shawneetown, and West Frankfort; and restrict equestrian use in these four area attributes; (3) Use of additional the Southern Illinois University Library, watersheds to system trails and roads; trails may exceed the physical carrying- Carbondale. Maps and other information and (4) amend as required the trail- capacity of the affected watersheds; and are also available for review on the density standards in the Forest Plan. (4) Designation of additional system Shawnee National Forest’s Web site: trails may not provide quality Possible Alternatives http://www.fs.fed.us/r9/shawnee. Click recreational experiences. on ‘‘Trail Designation Project’’ under Possible alternatives for evaluation in ‘‘Current Management News.’’ the environmental impact statement Comments Requested include taking no action, designating SUPPLEMENTARY INFORMATION: This notice of intent initiates the trails in the four watersheds within the scoping process that guides the Purpose and Need for Action constraints of the Forest Plan’s trail- development of the environmental The Shawnee National Forest’s 1992 density standards, and designating all Amended Land and Resource trail-routes identified during a series of impact statement. In order to ensure Management Plan (Forest Plan) public workshops on the trails master- adequate identification and discussion anticipated an increasing demand for planning process. in the environmental impact statement trails on the Forest. In addition to Responsible Official: Allen Nicholas, of all relevant issues and alternatives, identifying a potential trail-corridor Forest Supervisor, Shawnee National the Forest Service seeks comments system, the Forest Plan allowed Forest, 50 Highway 145 South, related specifically to the proposed equestrians the use of then-existing Harrisburg, IL 62946. action and alternatives. We are user-developed trails and the freedom to especially interested in information that Nature of Decision To Be Made ride cross-country in most areas of the might identify a specific undesired Forest. In the years since publication of The responsible official will decide result of implementing the proposed the Forest Plan, public demand for trails whether or not to designate more trails action. Comments received in response has grown without any additions to the on the Shawnee National Forest, to this solicitation, including names and Forest’s designated trail system. The whether or not to construct additional addresses of those who comment, will existing designated trail system does not trailheads, whether or not to amend the be considered part of the public record adequately meet the need for public Forest Plan to restrict equestrian use in on this proposed action and will be access to many scenic attractions, nor the four watersheds to designated trails available for public inspection. does it provide equestrians a loop-trail and roads, and whether or not to amend Comments submitted anonymously will experience. Numerous user-developed the trail-density standards specified in be accepted and considered; however, trails have been formed outside of the the Forest Plan. those who submit anonymous comments will not have the right to designated trail system; but agency Scoping Process policy prevents the Forest from appeal subsequent decisions under 36 managing these trails with trail- The Shawnee National Forest CFR parts 215 and 217. proposes to scope for information by maintenance funds. Those who comment during the contacting persons and organizations on The Shawnee National Forest is ready scoping period will be listed to receive the Forest’s mailing list and publishing at this time for a decision on the a copy of the draft environmental a notice in the newspaper of record. The designation of additional system trails impact statement. In order to conserve Forest will accept comments at the in order to provide recreational users a resources, the Shawnee National Forest above-stated addresses on the scope of longer, well-marked, well-maintained encourages all recipients to view and/or the proposed action and alternatives trail system and to reduce resource download the draft environmental until January 30, 2004. damage from non-designated, impact statement from the Shawnee Two informational public open unmanaged, user-developed trails. Since National Forest Web site or accept a houses will be held to answer questions the majority of equestrian use occurs in copy of the document on a CD. If you regarding the proposed action and to four neighboring watersheds that are unable to utilize the Web site or a receive scoping comments. The first will contain many popular attractions— CD, please specify in your comment about 30 percent of the Forest—the first be 4 p.m. to 7 p.m. on Tuesday, January submittal that you prefer to receive a phase of trail designation is focused in 20, 2004 in the Knights of Columbus paper copy of the draft environmental these watersheds. The Forest Service Hall, 100 Columbus Drive, Marion, impact statement. intends to conduct further analyses in Illinois (next to the church on the west the remainder of the Forest following side of Russell Street, three blocks south Additionally, pursuant to 7 CFR implementation of the decision that of U.S. Highway 13), and the second 1.27(d), any persons may request the results from this environmental impact will be 4 p.m. to 7 p.m. on Wednesday, agency to withhold a submission from statement. January 21, 2004 in the Commons Area the public record by showing how the of the Vienna High School, 601 N. 1st Freedom of Information Act (FOIA) Proposed Action Street, Vienna, Illinois (across the street permits such confidentiality. Persons The Shawnee National Forest from the Vienna Ranger Station). requesting such confidentiality should proposes to: (1) Identify a number of be aware that under FOIA miles of trail to add to the Forest’s Preliminary Issues confidentiality may be granted in only designated trail system within the The Forest Service has identified from very limited circumstances, such as to watersheds of Lusk Creek, Upper Bay previous public comments several protect trade secrets. The Forest Service Creek, Big Grande Pierre Creek and preliminary issues related to the will inform the requester of the agency’s Eagle Creek, with the additional miles proposed action: (1) Designation and decision regarding the request for drawn primarily from existing user- construction and/or improvement of confidentiality and, should the request developed trails reconstructed and additional system trails may cause be denied, return the submission and relocated as necessary to avoid resource increased erosion and soil compaction notify the requester that the comments impacts; (2) construct additional and adversely affect water quality; (2) may be resubmitted with or without trailheads to provide access to the trail Increasing trail-density standards may name and address within 90 days.

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Early Notice of Importance of Public Dated: December 2, 2003. Service’s intention to request an Participation in Subsequent Huston A. Nicholas, extension for a currently approved Environmental Review Forest Supervisor. information collection in support of the [FR Doc. 03–30439 Filed 12–8–03; 8:45 am] Rural Community Development A draft environmental impact Initiative (RCDI) grant program. statement will be prepared for comment. BILLING CODE CMTL–08–M DATES: Comments on this notice must be The comment period on the draft received by February 9, 2004 to be environmental impact statement will be DEPARTMENT OF AGRICULTURE assured of consideration. 45 days from the date the FOR FURTHER INFORMATION CONTACT: Beth Environmental Protection Agency Forest Service Jones, Senior Loan Specialist, publishes the notice of availability in Community Programs Direct Loan and the Federal Register. Lake County Resource Advisory Committee Grant Processing and Servicing Branch, The Forest Service believes, at this RHS, USDA, 1400 Independence Ave., early stage, that it is important to give AGENCY: Forest Service, USDA. SW., Mail Stop 0787, Washington, DC reviewers notice of several court rulings ACTION: Notice of meeting. 20250–0787, Telephone (202) 720–1498, related to public participation in the E-mail [email protected]. SUMMARY: The Lake County Resource environmental review process. First, SUPPLEMENTARY INFORMATION: Advisory Committee (RAC) will hold a reviewers of draft environmental impact Title: Notice of Funds Availability meeting. statement must structure their (NOFA) Inviting Applications for the participation in the environmental DATES: The meeting will be held on Rural Community Development review of the proposal so that it is January 15, 2004, from 3:30 p.m. to 5 Initiative. meaningful and alerts an agency to the p.m. OMB Number: 0575–0180. reviewer’s position and contentions. ADDRESSES: The meeting will be held at Expiration Date of Approval: May 31, Vermont Yankee Nuclear Power Corp. v. the Lake County Board of Supervisor’s 2004. NRDC, 435 U.S. 519, 553 (1978). Also, Chambers at 255 North Forbes Street, Type of Request: Extension of a environmental objections that could be Lakeport, CA. currently approved information raised at the draft environmental impact FOR FURTHER INFORMATION CONTACT: collection. statement stage but that are not raised Debbie McIntosh, Committee Abstract: RHS, an Agency within the until after completion of the final Coordinator, USDA, Mendocino USDA Rural Development mission area, environmental impact statement may be National Forest, Upper Lake Ranger will administer the RCDI grant program waived or dismissed by the courts. [City District, 10025 Elk Mountain Road, through their Community Facilities of Angoon v. Hodel, 803 F.2d 1016,1 Upper Lake, CA 95485. (707) 275–2361: Division. The intent of the RCDI grant 022 (9th Cir. 1986) and Wisconsin E-mail [email protected]. program is to develop the capacity and Heritages, Inc. v. Harris, 490 F. Supp. SUPPLEMENTARY INFORMATION: Agenda ability of rural area recipients to 1334, 1338 (E.D. Wis. 1980)] Because of undertake projects through a program of these court rulings, it is very important items to be covered include: (1) Roll Call/Establish Quorum; (2) Overview of financial and technical assistance that those interested in this proposed provided by qualified intermediary action participate by the close of the 45- November Sacramento RAC Meeting; (3) Finalize business for 2003; (4) Title II organizations. The eligible recipients are day comment period so that substantive nonprofit organizations, low-income comments and objections are made funds available for Projects for 2004; (5) Discuss Project Cost Accounting USFS/ rural communities, or Federally available to the Forest Service at a time recognized tribes. The intermediary may when it can meaningfully consider them County of Lake; (6) Set Next Meeting Date; (7) Public Comment Period; Public be a qualified private, nonprofit, or and respond to them in the final public (including tribal) organization. environmental impact statement. input opportunity will be provided and individuals will have the opportunity to The intermediary is the applicant. The To assist the Forest Service in address the Committee at that time. intermediary must have been organized identifying and considering issues and a minimum of 3 years at the time of concerns on the proposed action, Dated: December 2, 2003. application. The intermediary will be comments on the draft environmental Blaine P. Baker, required to provide matching funds, in impact statement should be as specific Designated Federal Officer. the form of cash or committed funding, as possible. It is also helpful if [FR Doc. 03–30410 Filed 12–8–03; 8:45 am] in an amount at least equal to the RCDI comments refer to specific pages or BILLING CODE 3410–11–M grant. chapters of the draft statement. Estimate of Burden: Public reporting Comments may also address the burden for this collection of information adequacy of the draft environmental DEPARTMENT OF AGRICULTURE is estimated to average 1.72 hours per impact statement or the merits of the response. Rural Housing Service alternatives formulated and discussed in Respondents: Intermediaries and recipients. the statement. Reviewers may wish to Notice of Request for Extension of a refer to the Council on Environmental Estimated Number of Respondents: Currently Approved Information 146. Policy Act at 40 CFR 1503.3 in Collection addressing these points. Estimated Number of Responses per AGENCY: Respondent: 2.48. Comments received, including the Rural Housing Service (RHS), Department of Agriculture (USDA). Estimated Number of Responses: 8. name and addresses of those who Estimated Total Annual Burden on comment, will be considered part of the ACTION: Proposed collection; comments requested. Respondents: 2,026. public record on this proposal and will Copies of this information collection be available for public inspection. SUMMARY: In accordance with the can be obtained from Brigitte Sumter, (Authority: 40 CFR 1501.7 and 1508.22; Paperwork Reduction Act of 1995, this Regulations and Paperwork Forest Service Handbook 1909.15, section 21) notice announces the Rural Housing Management Branch, at (202) 692–0042.

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Comments: Comments are invited on: proceedings by first calling the Federal DEPARTMENT OF COMMERCE (a) Whether the proposed collection of Relay Service at 1–800–977–8339 and information is necessary for the proper providing the Service with the Foreign-Trade Zones Board performance of the functions of the conference call number and access code Agency, including whether the number. [Order No. 1306] information will have practical utility; To ensure that the Commission (b) the accuracy of Agency’s estimate of secures an appropriate number of lines Grant of Authority; Establishment of a the burden of the proposed collection of for the public, persons are asked to Foreign-Trade Zone; Koochiching information including the validity of the register by contacting Aonghas St- County, MN methodology and assumptions used; (c) Hilaire of the Eastern Regional Office, ways to enhance the quality, utility and 202–376–7533 (TDD 202–376–8116), by Pursuant to its authority under the clarity of the information to be 4 p.m. on Thursday, December 11, 2003. Foreign-Trade Zones Act of June 18, collected; and (d) ways to minimize the 1934, as amended (19 U.S.C. 81a–81u), burden of the collection of information The meeting will be conducted pursuant to the provisions of the rules the Foreign-Trade Zones Board adopts on those who are to respond, including the following Order: through the use of appropriate and regulations of the Commission. Whereas, the Foreign-Trade Zones Act automated, electronic, mechanical, or Dated at Washington, DC, November 23, other technological collection 2003. provides for ‘‘* * * the establishment * * * of foreign-trade zones in ports of techniques or other forms of information Ivy L. Davis, entry of the United States, to expedite technology. Chief, Regional Programs Coordination Unit. Comments may be sent to Brigitte and encourage foreign commerce, and [FR Doc. 03–30433 Filed 12–4–03; 11:19 am] Sumter, Regulations and Paperwork for other purposes,’’ and authorizes the Management Branch, U.S. Department BILLING CODE 6335–01–P Foreign-Trade Zones Board to grant to of Agriculture, Rural Development, qualified corporations the privilege of STOP 0742, 1400 Independence Ave. establishing foreign-trade zones in or SW., Washington, DC 20250. All adjacent to U.S. Customs ports of entry; DEPARTMENT OF COMMERCE responses to this notice will be Whereas, the Koochiching Economic summarized and included in the request Foreign-Trade Zones Board Development Authority (the Grantee), a for OMB approval. All comments will Minnesota public corporation, has made also become a matter of public record. [Docket 29–2003] application to the Board (FTZ Docket Dated: November 24, 2003. 22–2003, filed 4/30/03), requesting the Arthur A. Garcia, Wacker Chemical Corporation— establishment of a foreign-trade zone at Administrator, Rural Housing Service. Application for Subzone Status; sites in Koochiching County, Minnesota, [FR Doc. 03–30437 Filed 12–8–03; 8:45 am] Extension of Comment Period within the International Falls-Ranier BILLING CODE 3410–XV–P Customs port of entry; The comment period for the Whereas, notice inviting public application for subzone status at the comment has been given in the Federal COMMISSION ON CIVIL RIGHTS Wacker Chemical Corporation in Register (68 FR 23952, 5/6/03); and, Adrian, Michigan, submitted by the Agenda and Notice of Public Meeting Greater Detroit Foreign-Trade Zone, Inc. Whereas, the Board adopts the of the Maine Advisory Committee (68 FR 38009, 6/26/03), is being findings and recommendations of the extended again, to December 22, 2003 to examiner’s report, and finds that the Notice is hereby given, pursuant to allow interested parties additional time requirements of the FTZ Act and the the provisions of the rules and in which to comment. Rebuttal Board’s regulations are satisfied, and regulations of the U.S. Commission on comments may be submitted during the that approval of the application is in the Civil Rights, that a conference call of the subsequent 15 day period, until January public interest; Maine Advisory Committee will 6, 2004. Submissions (original and 3 Now, therefore, the Board hereby convene at 11 a.m. and adjourn at 12 copies) shall be addressed to the Board’s p.m., Friday, December 12, 2003. The grants to the Grantee the privilege of Executive Secretary at one of the establishing a foreign-trade zone, purpose of the conference call is to following addresses: discuss forum panel format/topics and designated on the records of the Board potential panelists to invite for a 1. Submissions Via Express/Package as Foreign-Trade Zone No. 259, at the community forum on post-9/11 civil Delivery Services: Foreign-Trade-Zones sites described in the application, and rights issues in Maine. Board, U.S. Department of Commerce, subject to the Act and the Board’s This conference call is available to the Franklin Court Building—Suite 4100W, regulations, including § 400.28. public through the following call-in 1099 14th St. NW., Washington, DC 20005; or Signed at Washington, DC, this 28th day of number: 1–888–659–1081, access code: November, 2003. 20610279. Any interested member of the 2. Submissions Via the U.S. Postal Foreign-Trade Zones Board. public may call this number and listen Service: Foreign-Trade-Zones Board, to the meeting. Callers can expect to U.S. Department of Commerce, FCB— Donald I. Evans, incur charges for calls not initiated Suite 4100W, 1401 Constitution Ave. Secretary of Commerce, Chairman and using the supplied call-in number or NW., Washington, DC 20230. Executive Officer. Attest: over wireless lines and the Commission Dated: December 3, 2003. will not refund any incurred charges. Dennis Puccinelli, Dennis Puccinelli, Callers will incur no charge for calls Executive Secretary. Executive Secretary. using the call-in number over land-line [FR Doc. 03–30492 Filed 12–8–03; 8:45 am] connections. Persons with hearing [FR Doc. 03–30491 Filed 12–8–03; 8:45 am] BILLING CODE 3510–DS–P impairments may also follow the BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE Department received a letter from the hand truck, in addition to the two or United Food & Commercial Workers more wheels located at or near the lower International Trade Administration International Union in support of the section of the vertical frame, is not a [A-570–891] petition on behalf of their members, basis for exclusion of the hand truck some of whom work in Gleason from the scope of the petition. Finally, Notice of Initiation of Antidumping Industrial Products, Inc.’s that the hand truck may exhibit physical Duty Investigation: Hand Trucks and manufacturing facilities. characteristics in addition to the vertical Certain Parts Thereof from the In accordance with section 732(b)(1) frame, the handling area, the projecting People’s Republic of China of the Act, the petitioners allege that edges or toe plate, and the two wheels imports of hand trucks and certain parts at or near the lower section of the AGENCY: Import Administration, thereof (‘‘hand trucks’’) from the vertical frame, is not a basis for International Trade Administration, People’s Republic of China (‘‘the PRC’’) exclusion of the hand truck from the Department of Commerce. are, or are likely to be, sold in the scope of the petition. ACTION: Initiation of an Antidumping United States at less than fair value Examples of names commonly used to Duty Investigation. within the meaning of section 731 of the reference hand trucks are hand truck, Act, and that imports from the PRC are convertible hand truck, appliance hand EFFECTIVE DATE: December 9, 2003. materially injuring, or are threatening to truck, cylinder hand truck, bag truck, FOR FURTHER INFORMATION CONTACT: materially injure, an industry in the dolly, or hand trolley. They are typically Audrey Twyman, Stephen Cho or United States. imported under heading 8716.80.50.10 Daniel J. Alexy at (202) 482–3534, (202) The Department finds that the of the Harmonized Tariff Schedule of 482–3798, or (202) 482–1540 petitioners filed this petition on behalf the United States (‘‘HTSUS’’), although respectively, Import Administration, of the domestic industry because they they may also be imported under International Trade Administration, are interested parties as defined in heading 8716.80.50.90. Specific parts of U.S. Department of Commerce, 14th section 771(9)(C) of the Act and have a hand truck, namely the vertical frame, Street and Constitution Avenue, NW, demonstrated sufficient industry the handling area and the projecting support with respect to the antidumping Washington, DC 20230. edges or toe plate, or any combination investigation that they are requesting SUPPLEMENTARY INFORMATION: thereof, are typically imported under the Department to initiate. See infra, heading 8716.90.5060 of the HTSUS. ‘‘Determination of Industry Support for INITIATION OF INVESTIGATION: Although the HTSUS subheadings are the Petition.’’ The Petition provided for convenience and for the On November 13, 2003, the Scope of Investigation purposes of U.S. Customs and Border Department of Commerce (‘‘the For the purpose of this investigation, Protection, the Department’s written Department’’) received a petition filed the product covered consists of hand description of the scope is dispositive. in proper form by Gleason Industrial trucks manufactured from any material, Excluded from the scope are small Products, Inc. On November 18, 2003, whether assembled or unassembled, two-wheel or four-wheel utility carts the Department received an amendment complete or incomplete, suitable for any specifically designed for carrying loads to the petition filed in proper form by use, and certain parts thereof, namely like personal bags or luggage in which Gleason Industrial Products, Inc. On the vertical frame, the handling area and the frame is made from telescoping November 19, 2003, the Department the projecting edges or toe plate, and tubular material measuring less than 5/ sent a supplemental questionnaire to any combination thereof. 8 inch in diameter; hand trucks that use Gleason Industrial Products, Inc. and A complete or fully assembled hand motorized operations either to move the received a response on November 25, truck is a hand-propelled barrow hand truck from one location to the next 2003. On December 1, 2003, Gleason consisting of a vertically disposed frame or to assist in the lifting of items placed Industrial Products, Inc. filed an having a handle or more than one on the hand truck; vertical carriers amendment to the petition to include handle at or near the upper section of designed specifically to transport golf Precision Products Inc. as a co- the vertical frame; at least two wheels at bags; and wheels and tires used in the petitioner (‘‘the petitioners’’).1 On or near the lower section of the vertical manufacture of hand trucks. December 2, 2003, the Department frame; and a horizontal projecting edge As discussed in the preamble to the received a letter from the China or edges, or toe plate, perpendicular or Department’s regulations (Antidumping Chamber of Commerce for Import & angled to the vertical frame, at or near Duties; Countervailing Duties; Final Export of Machinery & Electronics on the lower section of the vertical frame. Rule, 62 FR 27296, 27323 (May 19, behalf of their members who produce The projecting edge or edges, or toe 1997)), we are setting aside a period for hand trucks in China claiming that the plate, slides under a load for purposes parties to raise issues regarding product petitioners do not meet the industry of lifting and/or moving the load. coverage. The Department encourages support requirement of section That the vertical frame can be all parties to submit such comments 732(c)(4)(A) of the Tariff Act of 1930, as converted from a vertical setting to a within 20 calendar days of publication amended (‘‘the Act’’). On December 3, horizontal setting, then operated in that of this notice. Comments should be 2003, Gleason Industrial Products, Inc. horizontal setting as a platform, is not addressed to Import Administration’s submitted a response to the China a basis for exclusion of the hand truck Central Records Unit, Room 1870, U.S. Chamber of Commerce’s allegations. from the scope of this petition. That the Department of Commerce, 14th Street Also on December 3, 2003, the vertical frame, handling area, wheels, and Constitution Avenue, NW, projecting edges or other parts of the Washington, DC 20230. The period of 1 Gleason Industrial Products, Inc. and Precision hand truck can be collapsed or folded is scope consultations is intended to Products Inc. are both members of the Gleason not a basis for exclusion of the hand provide the Department with ample Group companies. Gleason Industrial Products, Inc. truck from the scope of the petition. opportunity to consider all comments manufactures and sells hand trucks. Precision Products Inc. also manufactures hand trucks, but That other wheels may be connected to and consult with parties prior to the sells all its hand trucks through Gleason Industrial the vertical frame, handling area, issuance of the preliminary Products, Inc. projecting edges, or other parts of the determination.

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Determination of Industry Support for most similar in characteristics and uses Final Determination of Sales at Less the Petition with, the article subject to an Than Fair Value: Silicon Carbide from Section 732(b)(1) of the Act requires investigation under this title.’’ Thus, the the People’s Republic of China, 59 FR that a petition be filed on behalf of the reference point from which the 22585, 22586–87 (May 2, 1994). domestic like product analysis begins is domestic industry. Section 732(c)(4)(A) Export Price of the Act provides that the ‘‘the article subject to an investigation,’’ The petitioners based the export price Department’s industry support i.e., the class or kind of merchandise to on price quotes from a Chinese producer determination, which is to be made be investigated, which normally will be of hand trucks to unaffiliated purchasers before the initiation of the investigation, the scope as defined in the petition. in the United States within the POI as be based on whether a minimum The domestic like product referred to reported in Exhibit 19 of the November percentage of the relevant industry in the petition is the single domestic 13, 2003 petition. The petitioners claim supports the petition. A petition meets like product defined in the ‘‘Scope of that the two price quotes obtained were this requirement if the domestic Investigation’’ section above. The for two models of hand trucks that are producers or workers who support the Department has no basis on the record among the most prevalent of the models petition account for: (1) at least 25 to find this definition of the domestic imported from China. Accordingly, we percent of the total production of the like product to be inaccurate. The found that the gross unit prices domestic like product; and (2) more Department, therefore, has adopted this provided by the petitioners represent than 50 percent of the production of the domestic like product definition. In their initial petition and information that reasonably reflected domestic like product produced by that subsequent submissions, the petitioners prices to the United States. Therefore, portion of the industry expressing state that they comprise more than 50 we relied on the gross unit prices support for, or opposition to, the provided in the petition. The prices petition. Moreover, section 732(c)(4)(D) percent of U.S. hand truck production. were quoted FOB Qingdao, the PRC, and of the Act provides that, if the petition Based on all available information, we the petitioners were conservative does not establish support of domestic agree that the petitioners comprise more because they did not deduct Chinese producers or workers accounting for than 50 percent of the domestic hand inland freight from the quoted prices. more than 50 percent of the total truck production and accordingly, production of the domestic like product, determine that the petition has been Normal Value filed on behalf of the domestic industry the Department shall: i) poll the The petitioners assert that the PRC is industry or rely on other information in within the meaning of section 732(b)(1) of the Act. See Initiation Checklist dated an NME country, and note that in all order to determine if there is support for previous investigations the Department the petition, as required by December 3, 2003 (public version on file in the Central Records Unit of the has determined that the PRC is an NME. subparagraph (A), or ii) determine See, e.g., Notice of Final Determination industry support using a statistically Department of Commerce, Room B-099) (‘‘Initiation Checklist’’). of Sales at Less Than Fair Value: Bulk valid sampling method. Aspirin From the People’s Republic of Section 771(4)(A) of the Act defines Period of Investigation China, 65 FR 33805 (May 25, 2000). The the ‘‘industry’’ as the producers of a The anticipated period of PRC will be treated as an NME unless domestic like product. Thus, to investigation (‘‘POI’’) is April 1, 2003, and until its NME status is revoked. See determine whether a petition has the through September 30, 2003. section 771(18)(C)(i) of the Act. Because requisite industry support, the statute the PRC’s status as an NME remains in directs the Department to look to Export Price and Normal Value effect, the petitioners estimated the producers and workers who produce the The following are descriptions of the dumping margin using an NME domestic like product. The International allegations of sales at less than fair value methodology. Trade Commission (‘‘ITC’’), which is upon which the Department based its The petitioners assert that India is the responsible for determining whether decision to initiate this investigation. most appropriate surrogate country for ‘‘the domestic industry’’ has been The sources of data relating to export the PRC, claiming that India is: 1) at a injured, must also determine what price (‘‘EP’’), normal value (‘‘NV’’), and level of economic development constitutes a domestic like product in factors of production (‘‘FOP’’) are comparable to the PRC in terms of per order to define the industry. While both discussed in greater detail in the capita gross national product, and 2) a the Department and the ITC must apply Initiation Checklist. Should the need significant producer of comparable the same statutory definition regarding arise to use any of this information as merchandise. The petitioners provided the domestic like product (section facts available under section 776 of the recent U.S. import statistics of hand 771(10) of the Act), they do so for Act in our preliminary or final trucks from India and a report by a different purposes and pursuant to a determinations, we may re-examine the researcher in India hired by the separate and distinct authority. In information and revise the margin petitioners to study the hand truck addition, the Department’s calculations, if appropriate. industry. The report shows that there is determination is subject to limitations of Regarding an investigation involving a significant production of hand trucks in time and information. Although this non-market economy (‘‘NME’’) country, India. Based on the information may result in different definitions of the the Department presumes, based on the provided by the petitioners, we believe like product, such differences do not extent of central government control in that the petitioners’ use of India as a render the decision of either agency an NME, that a single dumping margin, surrogate country is appropriate for the 2 contrary to the law. should there be one, is appropriate for purpose of initiating this investigation. Section 771(10) of the Act defines the all NME exporters in the given country. The petitioners estimated the domestic like product as ‘‘a product In the course of this investigation, all quantities of inputs required to produce which is like, or in the absence of like, parties will have the opportunity to hand trucks in the PRC based on the provide relevant information related to petitioners’ own experience and their 2 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (Ct. Int’l Trade 2001), citing Algoma Steel the issues of a country’s NME status and extensive analysis of the two Corp. Ltd. v. United States, 688 F. Supp. 639, 642- the granting of separate rates to representative hand trucks they 44 (Ct. Int’l Trade 1988). individual exporters. See, e.g., Notice of acquired from the PRC. Based on the

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information provided by the petitioners, the petitioners, we believe that the ITC Notification we believe that the petitioners’ FOP surrogate values represent information We have notified the ITC of our methodology represents information readily available to the petitioners and initiation as required by section 732(d) reasonably available to the petitioners are acceptable for purposes of initiating of the Act. and is appropriate for purposes of this investigation. initiating this investigation. Preliminary Determination by the ITC Fair Value Comparisons In accordance with section 773(c)(4) The ITC will preliminarily determine of the Act, the petitioners valued FOP, Based on the data provided by the no later than December 29, 2003, where possible, on reasonably available, petitioners, there is reason to believe whether there is a reasonable indication public surrogate data from India. The that imports of hand trucks from the that imports of hand trucks from the petitioners valued all direct materials PRC are being, or are likely to be, sold PRC are causing material injury, or (with the exception of ball bearings and at less than fair value. As a result of a threatening to cause material injury, to tires), packing materials, and scrap comparison of EP to NV, based on our a U.S. industry. A negative ITC based on Indian import values, as recalculations described above, the determination will result in the published in the 2002 Monthly Statistics estimated dumping margins range from investigation being terminated; of Foreign Trade of India. These values 314.97 percent to 401.21 percent. otherwise, this investigation will were inflated to the current POI using proceed according to statutory and the Indian wholesale price index Allegations and Evidence of Material regulatory time limits. (‘‘WPI’’) as reported in the International Injury and Causation This notice is issued and published Monetary Fund’s International pursuant to section 777(i) of the Act. Financial Statistics (‘‘IFS’’), and The petitioners allege that the U.S. Dated: December 3, 2003. converted to U.S. dollars using the U.S. industry producing the domestic like Federal Reserve exchange rates for product is being materially injured, or is James J. Jochum, India. threatened with material injury, by Assistant Secretary for Import Concerning ball bearings and tires for reason of imports of the subject Administration. the hand truck, the petitioners valued merchandise sold at less than fair value. [FR Doc. 03–30489 Filed 12–8–03; 8:45 am] these inputs using price quotes they The petitioners contend that the BILLING CODE 3510–DS–S obtained from India for ball bearings industry’s injured condition is and tires as surrogate values for the ball evidenced by the loss of sale DEPARTMENT OF COMMERCE bearings and tires for the hand truck. opportunities, depressed and/or The Department accepted these values suppressed domestic prices, reduced International Trade Administration as being representative of hand truck market share, and reduced profitability. ball bearings and tires. The allegations of injury and causation [A-412–803] The petitioners valued direct and are supported by relevant evidence packing labor using the regression-based Notice of Final Results of Antidumping including affidavits of company Duty Changed Circumstances Review: wage rate for the PRC provided by the officials, U.S. Census Bureau import Department, in accordance with section Industrial Nitrocellulose from the statistics, lost sales, and pricing United Kingdom 351.408(c)(3) of the Department’s information. We have assessed the regulations. The petitioners based the allegations and supporting evidence AGENCY: Import Administration, amount of energy used on its own regarding material injury and causation, International Trade Administration, experience. Electricity was valued using and we have determined that these Department of Commerce. the Indian Tata Energy Research allegations are properly supported by ACTION: Notice of Final Results of Institute Energy Data Directory and adequate evidence and meet the Antidumping Duty Changed Yearbook (2000/2001), and adjusted for statutory requirements for initiation. See Circumstances Review. inflation to reflect a POI value using the Initiation Checklist. Reserve Bank of India RBI Bulletin. SUMMARY: On October 16, 2003, the Natural gas was valued from an article Initiation of Antidumping Investigation Department of Commerce (the at www.indiaonline.com, and adjusted Department) published a notice of Based upon our examination of the for inflation based on the Indian WPI. preliminary results of its changed petition on hand trucks, we have found The petitioners calculated financial circumstances review of the that it meets the requirements of section ratios using four public financial antidumping duty order on industrial 732 of the Act. Therefore, we are statements of Indian producers of hand nitrocellulose (INC) from the United initiating an antidumping duty trucks. The Department did not find Kingdom in which we preliminarily investigation to determine whether adequate evidence that one of the Indian determined that Troon Investments imports of hand trucks from the PRC are firms, Excellent Engineering & Allied Limited (TIL) is the successor-in-interest being, or are likely to be, sold in the Services Private Limited, is a producer to Imperial Chemical Industries, PLC United States at less than fair value. of hand trucks because: (1) it is not (ICI).1 See Notice of Preliminary Results Unless this deadline is extended included in the list of producers of hand of Antidumping Duty Changed pursuant to section 733(b)(1)(A) of the trucks submitted by the Indian Circumstances Review: Industrial Act, we will make our preliminary researcher; (2) its financial statements Nitrocellulose from the United determination no later than 140 days do not indicate that it is a manufacturer Kingdom, 68 FR 59584, 59585 (October after the date of this initiation. of hand trucks; (3) its direct material 16, 2003) (Preliminary Results). We gave costs are lower than the other Distribution of Copies of the Petition interested parties, TIL and Green Tree companies; and (4) its financial Chemical Technologies, Inc. (Green statements refer to raw materials as In accordance with section Tree), the sole U.S. producer of INC and ‘‘trading materials.’’ Therefore, we have 732(b)(3)(A) of the Act, a copy of the the petitioner in this proceeding, the removed this company’s financial ratios public version of the petition has been from the calculation of normal value. provided to the representatives of the 1 Note: TIL purchased ICI’s INC business on Based on the information provided by government of the PRC. December 31, 2002.

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opportunity to comment on the See Preliminary Results. We invited DEPARTMENT OF COMMERCE Preliminary Results. We received no interested parties to comment on these comments from either Green Tree or TIL findings. On October 31, 2003, and International Trade Administration on the Department’s Preliminary November 5, 2003, Green Tree and TIL, Steel Import Licensing and Surge Results. Therefore, the Department is respectively, submitted letters in which Monitoring adopting its preliminary finding that they notified the Department that they TIL is the successor-in-interest to ICI in would not file comments on the AGENCY: Import Administration, these final results. Preliminary Results. International Trade Administration, EFFECTIVE DATE: December 9, 2003. Department of Commerce. FOR FURTHER INFORMATION CONTACT: Scope of Review ACTION: Notice of continuation of Steel Michele Mire or Howard Smith, AD/ Imports covered by this review are Import Licensing and Surge Monitoring CVD Enforcement, Office 4, Group II, shipments of INC from the United program. Import Administration, International Kingdom. INC is a dry, white Trade Administration, U.S. Department amorphous synthetic chemical with a SUMMARY: Pursuant to the Presidential of Commerce, 14th Street and nitrogen content between 10.8 and 12.2 Proclamation to Provide for the Constitution Avenue, NW, Washington, percent, and is produced from the Termination of Action Taken with DC 20230; telephone (202) 482–4711 reaction of cellulose with nitric acid. Regard to Imports of Steel Products, and (202) 482–5193, respectively. issued December 4, 2003, the INC is used as a film- SUPPLEMENTARY INFORMATION: Department of Commerce will continue former in coatings, lacquers, furniture the Steel Import Licensing and Surge Background finishes, and printing inks. The scope of Monitoring program established On July 10, 1990, the Department this order does not include explosive effective February 1, 2003 (19 CFR part published in the Federal Register (55 grade nitrocellulose, which has a 360). FR 28270) the antidumping duty order nitrogen content of greater than 12.2 DATES: This notice is effective December on INC from the United Kingdom. On percent. 4, 2003. March 28, 2003, TIL requested that the INC is currently classified under Department conduct a changed FOR FURTHER INFORMATION CONTACT: Julie Harmonized Tariff Schedule of the circumstances review of the Al-Saadawi: telephone (202) 482–1930; antidumping duty order on INC from United States (HTSUS) item number fax (202) 501–1377; e-mail _ the United Kingdom, claiming that it is 3912.20.0000. While the HTSUS steel [email protected]. The the successor-in-interest to ICI, and, as classification is provided for information contained in this notice is such, it is entitled to receive the same convenience and customs purposes, the also posted on the import licensing Web antidumping treatment accorded to ICI. written description remains dispositive site (http://ia.ita.doc.gov/steel/license/). On April 11, 2003, Green Tree notified as to the scope of the product coverage. SUPPLEMENTARY INFORMATION: On March the Department that it opposed TIL’s Final Results of Changed 5, 2002, the President issued request to be considered the successor- Circumstances Review Proclamation 7529, implementing in-interest to ICI. On July 18, 2003, and safeguard measures with respect to August 14, 2003, at the request of the Because we received no comments certain imported steel products Department, TIL submitted additional from interested parties on the pursuant to sections 201 and 203 of the information and documentation Preliminary Results, and for the reasons 1974 Trade Act, 19 U.S.C. 2251, 2253 pertaining to its changed circumstances stated in the Preliminary Results, we (67 FR 10553). In an accompanying request. Notwithstanding Green Tree’s find the record supports TIL to be the Memorandum, the President instructed objection to finding TIL to be the successor-in-interest to ICI for the Secretary of the Treasury and the successor-in-interest to ICI, record antidumping duty cash deposit Secretary of Commerce to establish a system of import licensing to facilitate evidence indicates that, with the purposes. We will instruct Customs and the monitoring of imports of these steel exception of the managing director of Border Protection to suspend shipments the INC business, TIL has made no products, and directed the Secretary of of subject merchandise made by TIL at material changes to the management, Commerce to publish regulations in the ICI’s cash deposit rate (i.e., 3.06 percent) production facilities, suppliers of raw Federal Register establishing such a materials, or customers of ICI’s former effective upon publication of this notice. system of import licensing (67 FR INC business. Further, while Green Tree This cash deposit rate shall remain in 10593, 10596). Pursuant to this expressed concern over a possible effect until publication of the next direction, Import Administration difference between the cost of capital for administrative review in which TIL published proposed regulations TIL and ICI, the record indicates that participates. establishing a system of import many of the significant factors that We are issuing and publishing this licensing on July 18, 2002 (67 FR affect costs have not changed. Finally, determination and notice in accordance 47338), and promulgated final although there has been a change in the with sections 751(b)(1) and 777(i)(1) of regulations on December 31, 2002, legal entity performing U.S. selling the Tariff Act of 1930, as amended, and effective February 1, 2003 (67 FR functions under TIL, the record section 351.216 of the Department’s 79845). indicates that there have been no regulations. On December 4, 2003, the President significant changes in the sales process issued a proclamation terminating the or pricing of INC. See Preliminary Dated: December 1, 2003. safeguard measures and directing the Results at 59585. On October 16, 2003, James S. Jochum, Secretary of Commerce to continue the the Department published its Assistant Secretary for Import steel import licensing system preliminary results in the Federal Administration. established effective February 1, 2003, Register, finding TIL to be the [FR Doc. 03–30490 Filed 12–8–03; 8:45 am] until the earlier of March 21, 2005, or successor-in-interest to ICI for purposes BILLING CODE 3510–DS–S such time as the Secretary of Commerce of determining antidumping liability. establishes a replacement program.

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19 CFR 360.105, promulgated of Mexico for the purposes of scientific measurement, etc., any Atlantic December 31, 2002, and effective data collection and public display. swordfish, Atlantic shark, or Atlantic February 1, 2003, provided as follows: Generally, the EFPs/SRPs will be valid billfish, provided the fish is a ‘‘The licensing program will be in effect through December 31, 2004. NMFS also recaptured tagged fish, dead prior to for the duration of the safeguard announces the intent to consider issuing being brought onboard, or specifically measures only. Licenses will be EFPs upon receiving applications from authorized for sampling by the Director required on all subject imports entered U.S. fishermen whose vessels fish for of the Office of Sustainable Fisheries at during this period. The licenses will be Atlantic HMS while operating under the request of the Southeast Fisheries valid for 10 business days after the chartering arrangements within the Science Center or Northeast Fisheries expiration of the safeguard measures to Exclusive Economic Zone (EEZ) of other Science Center. On average, several allow for the final filing of required nations to ensure consistency with hundred swordfish and sharks are Customs documentation. Information another country’s regulations without collected by at-sea observers under such collected under this system will not be violating U.S. regulations. EFPs in any given year. kept longer than the period of time DATES: Written comments on these Collection of bluefin tuna may be legally required beyond the expiration collection, research and fishing authorized for scientific research, age of these remedies.’’ Section 105, which activities will be considered by NMFS and growth, genetic, and spawning is itself not a termination provision, in issuing such EFPs/SRPs if received studies. In 2003, five permits for bluefin referred to the initial period (three years on or before December 24, 2003. tuna archival tagging and research were and one day) for which the safeguard ADDRESSES: Send comments to issued. In addition, NMFS issued 12 measures were proclaimed by the Christopher Rogers, Chief, Highly EFPs allowing commercial pelagic President (Proclamation 7529, section Migratory Species Management Division longline fishing vessels to assist NOAA 9), after which they would expire in the (F/SF1), NMFS, 1315 East-West scientists in conducting sea turtle absence of further action by the Highway, Silver Spring, MD 20910. bycatch reduction experiments in the President. The duration of the licensing EFP/SRP applications and copies of the Northeast Distant Waters (NED) of the program is not affected by the early regulations under which EFPs/SRPs are Grand Banks. NMFS is also seeking public comment termination of such measures. The issued may also be requested from this on its intention to issue EFPs for the President retains authority to implement address. Comments also may be sent via collection of restricted species of sharks such other actions, including but not facsimile (fax) to (301)713–1917. limited to the licensing program, as he for the purpose of public display. In the Comments will not be accepted if Final Fishery Management Plan for deems appropriate and feasible submitted via e-mail or Internet. pursuant to 19 U.S.C. 2253, without Atlantic Tunas, Swordfish and Sharks FOR FURTHER INFORMATION CONTACT: (HMS FMP), NMFS established a public regard to the early termination of the Heather Stirratt or Sari Kiraly, 301–713– display and research quota of 60 metric safeguard measures. 2347; fax: 301–713–1917. tons wet weight for this purpose. NMFS James J. Jochum, SUPPLEMENTARY INFORMATION: EFPs and has preliminarily determined that, Assistant Secretary for Import SRPs are requested and issued under the based on average weight of sharks Administration. authority of the Magnuson-Stevens landed, approximately 3,000 sharks [FR Doc. 03–30571 Filed 12–8–03; 8:45 am] Fishery Conservation and Management could be taken with this current quota. BILLING CODE 3510–DS–P Act (16 U.S.C. 1801 et seq.) and/or the The actual number of sharks that would Atlantic Tunas Convention Act (16 be taken depends on the species and U.S.C. 971 et seq.). Regulations at 50 size of the sharks. NMFS believes that DEPARTMENT OF COMMERCE CFR 600.745 and 50 CFR 635.32 govern harvesting this amount for public scientific research activity, exempted display will have a minimal impact on National Oceanic and Atmospheric fishing, and exempted educational the stock. In 2003, seven EFPs, which Administration activity with respect to Atlantic HMS. authorized the collection of 352 sharks Issuance of EFPs and/or SRPs may be [I.D. 120103D] for display purposes, were issued. The necessary because possession of certain total number reported as actually taken Magnuson-Stevens Act Provisions; shark species is prohibited, possession will not be known until early 2004. Atlantic Highly Migratory Species; of billfishes on board commercial However, of the 402 sharks authorized Exempted Fishing and Scientific fishing vessels is prohibited, and for collection in seven EFPs issued Research Permits because the commercial fisheries for during 2002, only 37 sharks were bluefin tuna, swordfish and large coastal reported taken. AGENCY: National Marine Fisheries sharks may be closed for extended Generally, the authorized collections Service (NMFS), National Oceanic and periods, during which collection of live or exemptions would involve activities Atmospheric Administration (NOAA), animals and/or biological samples otherwise prohibited by regulations Commerce. would otherwise be prohibited. In implementing the HMS FMP and ACTION: Issuance of 2004 Exempted addition, NMFS regulations at 50 CFR Amendment 1 to the Atlantic Billfish Fishing and Scientific Research Permits; 635.32 regarding implantation or Fishery Management Plan. The EFPs, if request for comments. attachment of archival tags in Atlantic issued, may authorize recipients to fish HMS require prior authorization and a for and possess tunas, billfishes, SUMMARY: NMFS announces the intent report on implantation activities. swordfish, and sharks outside the to issue Exempted Fishing Permits NMFS seeks public comment on its applicable Federal commercial seasons, (EFPs) and Scientific Research Permits intention to issue EFPs for the purpose size limits and retention limits, or to (SRPs) for the collection of Atlantic of collecting biological samples under fish for and possess prohibited species. highly migratory species (HMS). These at-sea fisheries observer programs. NMFS has undertaken a restructuring EFPs/SRPs would authorize collections NMFS intends to issue EFPs to any of the exempted fishing application and of a limited number of tunas, swordfish, NMFS or NMFS-approved observer to reporting procedures for Atlantic HMS. billfishes, and sharks from Federal bring onboard and possess, for scientific To that effect, on November 10, 2003, waters in the Atlantic Ocean and Gulf research purposes, biological sampling, NMFS published a final rule (68 FR

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63738) that modifies the existing measures, the issuance of EFPs and 13705, Silver Spring, MD 20910; phone regulations, with the intent of SRPs is addressed in that a separate (301)713–2289; fax (301)713–0376; and improving accountability of these display permitting system for HMS is to Alaska Region, NMFS, P.O. Box fishing activities, particularly those be developed apart from EFPs and SRPs 21668, Juneau, AK 99802–1668; phone conducted to collect sharks for public issued for other purposes. This is an (907)586–7221; fax (907)586–7249. display and those undertaken for administrative change only, and current scientific research. This rule will be quotas as well as application and FOR FURTHER INFORMATION CONTACT: effective December 10, 2003. reporting requirements remain as Amy Sloan or Ruth Johnson, (301)713– Specifically, the final rule contains established under the existing system. 2289. the following provisions: (1) EFP This provision may be implemented in SUPPLEMENTARY INFORMATION: On May 7, holders must notify the local NMFS a final rule that will likely be published 2003, notice was published in the Office for Law Enforcement at least 24 in mid December 2003. Federal Register (68 FR 24443) that a hours prior to departure for all fishing Final decisions on the issuance of any trips conducted to collect HMS for the EFPs/SRPs will depend on the request for a scientific research permit purpose of public display; (2) all live submission of all required information to take the species identified above had HMS retained for the purpose of public about the proposed activities, NMFS’ been submitted by the above-named display must be tagged while still on review of public comments received on organization. The requested permit has board the fishing vessel with either a this notice, consistency with been issued under the authority of the conventional dart tag or a microchip conclusions in the Final Environmental Marine Mammal Protection Act of 1972, Passive Integrated Transponder (PIT) Impact Statement (EIS) contained in the as amended (16 U.S.C. 1361 et seq.), and tag, both of which will be supplied by Final HMS FMP (64 FR 13575; March the Regulations Governing the Taking NMFS; (3) if warranted, NMFS may 19, 1999), Environmental Assessments and Importing of Marine Mammals (50 specify conditions for conducting (EAs) or EISs, and any consultations CFR part 216). fishing activities to collect HMS for with any appropriate Regional Fishery This permit authorizes collection of public display in order to minimize Management Councils, states, or Federal eight weaned harbor seals from the wild mortalities of either targeted or bycatch agencies. NMFS does not anticipate any over a two to three year period in the species; (4) NMFS reserves the right to environmental impacts from the Gulf of Alaska for long-term holding and place an at-sea observer on board an issuance of these EFPs other than research at the ASLC. A maximum of 30 authorized HMS collection vessel; (5) impacts already assessed in the Final capture attempts will occur per year, EFP and SRP holders must report all HMS FMP. and during each capture attempt, up to HMS collection activities regardless of 20 seals may incidentally be caught in whether they occur inside or outside the Authority: 16 U.S.C. 971 et seq. and 16 EEZ; (6) negative reports must be U.S.C. 1801 et seq. nets and released, and up to 100 seals submitted for months when no HMS are Dated:December 3, 2003. may be incidentally disturbed at the collected; (7) applicants for EFP and Bruce C. Morehead, haul-out sites. Weaned female pups SRP renewals must include with the Acting Director, Office of Sustainable captured will be sampled in the wild as application the previous year’s year-end Fisheries, National Marine Fisheries Service. follows: sedation or anesthesia; body report and any delinquent reports for [FR Doc. 03–30487 Filed 12–8–03; 8:45 am] mass, morphometrics, and 3D photogrammetry; blood, blubber, permits issued in prior years, in order BILLING CODE 3510–22–S to obtain the new permit; and (8) whisker, and skin samples; body prohibitions concerning the submission composition; flipper tagging and of false information and violations of DEPARTMENT OF COMMERCE microchip implant; ultrasound; fecal the terms and conditions of EFPs and and urine collection; skin and mucosal SRPs. Although unrelated to these National Oceanic and Atmospheric swabs; endoscopy; and disease provisions, the rule also addresses EFPs Administration screening. for the pelagic longline directed [I.D. 073103B] Once at the ASLC the following will swordfish fishery, in that EFPs would be performed on the harbor seals: no longer be required for vessels to Marine Mammals; File No. 881–1710 monthly health assessments (as delay offloading of swordfish when an described in sampling above); hormone AGENCY: National Marine Fisheries approved vessel monitoring system challenge experiments; weights and Service (NMFS), National Oceanic and (VMS) is operating on board the vessel. measurements; blood sampling; fecal Atmospheric Administration (NOAA), Comments are also requested for the and urine sampling; blubber ultrasound; Commerce. issuance of EFPs to vessels fishing for bio-electrical impedance; total blood HMS while operating under chartering ACTION: Issuance of permit. volume determination; deuterium oxide arrangements within the EEZ of other administration; feeding trials; mucosal nations. These EFPs would allow a U.S. SUMMARY: Notice is hereby given that swabs, saliva collection, examination of fishing vessel to fish so as to be Alaska SeaLife Center (ASLC), 301 external genitalia; blubber biopsies; consistent with another country’s Railway Avenue, Seward, AK 99664, video, photographic, radiographic, regulations without violating U.S. (Shannon Atkinson, Ph.D., Principal digital, and thermal imaging; and regulations, and would ensure that such Investigator) has been issued a permit to anesthesia and sedation as deemed vessels report to the proper authorities. take harbor seals (Phoca vitulina) for necessary by the attending veterinarian. To date, however, NMFS has not purposes of scientific research. received requests for such EFPs. ADDRESSES: The permit and related This study investigates the Also in November 2003, NMFS documents are available for review importance of lipids in the diets of published the Final Amendment 1 to upon written request or by appointment harbor seals and the long-term effects of the Fishery Management Plan for in the following office(s): high and low lipid diets on the growth, Atlantic Tunas, Swordfish and Sharks. Permits, Conservation and Education development, maturity, and health of While the Amendment focuses Division, Office of Protected Resources, seals. The permit has been issued for a primarily on shark management NMFS, 1315 East-West Highway, Room five-year period.

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Dated: December 2, 2003. Federal Register notice 64 FR 60428, In carrying out the above directions, the Stephen L. Leathery, published on November 5, 1999. Commissioner, Bureau of Customs and Border Protection should construe entry into Chief, Permits, Conservation and Education A description of the textile and the United States for consumption to include Division, Office of Protected Resources, apparel categories in terms of HTS entry for consumption into the National Marine Fisheries Service. numbers is available in the Commonwealth of Puerto Rico. [FR Doc. 03–30488 Filed 12–8–03; 8:45 am] CORRELATION: Textile and Apparel The Committee for the Implementation of BILLING CODE 3510–22–S Categories with the Harmonized Tariff Textile Agreements has determined that Schedule of the United States (see these actions fall within the foreign affairs Federal Register notice 68 FR 1599, exception of the rulemaking provisions of 5 COMMITTEE FOR THE published on January 13, 2003). U.S.C. 553(a)(1). IMPLEMENTATION OF TEXTILE Information regarding the availability of Sincerely, AGREEMENTS the 2004 CORRELATION will be James C. Leonard III, published in the Federal Register at a Chairman, Committee for the Announcement of Import Restraint later date. Implementation of Textile Agreements. Limits for Certain Cotton, Wool and [FR Doc. E3–00485 Filed 12–8–03; 8:45 am] James C. Leonard III, Man-Made Fiber Textile Products BILLING CODE 3510–DR–S Produced or Manufactured in Chairman, Committee for the Implementation of Textile Agreements. Cambodia Committee for the Implementation of Textile COMMITTEE FOR THE December 4, 2003. Agreements IMPLEMENTATION OF TEXTILE AGENCY: Committee for the December 4, 2003. AGREEMENTS Implementation of Textile Agreements Commissioner, (CITA). Announcement of Import Limits for Bureau of Customs and Border Protection, Certain Wool Textile Products ACTION: Issuing a directive to the Washington, DC 20229. Commissioner, Bureau of Customs and Dear Commissioner: Pursuant to section Produced or Manufactured in the Border Protection establishing limits. 204 of the Agricultural Act of 1956, as Former Yugoslav Republic of amended (7 U.S.C. 1854); Executive Order Macedonia EFFECTIVE DATE: January 1, 2004. 11651 of March 3, 1972, as amended; and the Memorandum of Understanding, dated December 3, 2003. FOR FURTHER INFORMATION CONTACT: Roy December 29, 2001, between the AGENCY: Committee for the Unger, International Trade Specialist, Governments of the United States and Implementation of Textile Agreements Office of Textiles and Apparel, U.S. Cambodia, you are directed to prohibit, (CITA). Department of Commerce, (202) 482– effective on January 1, 2004, entry into the ACTION: 4212. For information on the quota United States for consumption and Issuing a directive to the status of these limits, refer to the Quota withdrawal from warehouse for consumption Commissioner, Bureau of Customs and Status Reports posted on the bulletin of cotton, wool and man-made fiber textile Border Protection establishing limits. products in the following categories, boards of each Customs port, call (202) produced or manufactured in Cambodia and EFFECTIVE DATE: January 1, 2004. 927–5850, or refer to the Bureau of exported during the twelve-month period FOR FURTHER INFORMATION CONTACT: Customs and Border Protection Web site beginning on January 1, 2004 and extending at http://www.customs.gov. For through December 31, 2004, in excess of the Naomi Freeman, International Trade information on embargoes and quota re- following levels of restraint: Specialist, Office of Textiles and openings, refer to the Office of Textiles Apparel, U.S. Department of Commerce, (202) 482–4212. For information on the and Apparel Web site at http:// Category Twelve-month restraint otexa.ita.doc.gov. limit quota status of these limits, refer to the Quota Status Reports posted on the SUPPLEMENTARY INFORMATION: 331/631 ...... 2,364,645 dozen pairs. bulletin boards of each Customs port, 334/634 ...... 259,348 dozen. Authority: Section 204 of the Agricultural 335/635 ...... 99,163 dozen. call (202) 927–5850, or refer to the Act of 1956, as amended (7 U.S.C. 1854); 338/339 ...... 4,080,920 dozen. Bureau of Customs and Border Executive Order 11651 of March 3, 1972, as 340/640 ...... 1,144,183 dozen. Protection Web site at http:// amended. 345 ...... 143,403 dozen. www.customs.gov. For information on The Memorandum of Understanding 347/348/647/648 ...... 4,576,732 dozen. embargoes and quota re-openings, refer of December 29, 2001, between the 352/652 ...... 915,347 dozen. to the Office of Textiles and Apparel Governments of the United States and 435 ...... 22,444 dozen. Web site at http:// Cambodia amends and extends the 438 ...... 107,834 dozen. www.otexa.ita.doc.gov. bilateral textile agreement of January 20, 445/446 ...... 131,797 dozen. 638/639 ...... 1,373,019 dozen. SUPPLEMENTARY INFORMATION: 1999 to cover the period January 1, 2004 645/646 ...... 381,394 dozen. through December 31, 2004. Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); These limits will be revised when Products in the above categories exported Cambodia becomes a member of the Executive Order 11651 of March 3, 1972, as during 2003 shall be charged to the amended. World Trade Organization (WTO) and applicable category limits for that year (see the United States applies the WTO directive dated December 4, 2002) to the The import restraint limits for textile agreement to Cambodia. extent of any unfilled balances. In the event products, produced or manufactured in In the letter published below, the the limits established for that period have the Former Yugoslav Republic of Chairman of CITA directs the been exhausted by previous entries, such Macedonia and exported during the Commissioner of the Bureau of Customs products shall be charged to the limits set period January 1, 2004 through forth in this directive. and Border Protection to establish the These limits will be revised when December 31, 2004 are based on limits 2004 limits, which include a fourteen Cambodia becomes a member of the World notified to the Textiles Monitoring Body (14) percent increase to all of Trade Organization (WTO) and the United pursuant to the Uruguay Round Cambodia’s quotas under the Labor States applies the WTO agreement to Agreement on Textiles and Clothing Standards provision described in Cambodia. (ATC).

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These limits do not apply to goods through December 31, 2004, in excess of the COMMITTEE FOR THE entered under the Outward Processing following levels of restraint: IMPLEMENTATION OF TEXTILE Program, as defined in the notice and AGREEMENTS letter to the Commissioner of Customs, Category Twelve-month limit published in the Federal Register on Announcement of Import Restraint December 14, 1999 (see 64 FR 69746). 433 ...... 23,414 dozen. Limits for Certain Cotton and Man- Any shipment for entry under the 434 ...... 11,707 dozen. Made Fiber Textile Products Produced Outward Processing Program which is 435 ...... 31,955 dozen. or Manufactured in Nepal not accompanied by valid certification 443 ...... 196,914 numbers. in accordance with the provisions 448 ...... 70,241 dozen. December 3, 2003. established in the notice and letter to AGENCY: Committee for the the Commissioner of Customs, The limits set forth above are subject to Implementation of Textile Agreements published in the Federal Register on adjustment pursuant to the provisions of the (CITA). ATC and administrative arrangements December 14, 1999 (see 64 FR 69743), ACTION: Issuing a directive to the shall be denied entry. However, the notified to the Textiles Monitoring Body. Products in the above categories exported Commissioner, Bureau of Customs and Government of Macedonia may during 2003 shall be charged to the Border Protection establishing limits. authorize the entry and charges to the applicable category limits for that year (see appropriate specific limits by the directive dated October 9, 2002) to the extent EFFECTIVE DATE: January 1, 2004. issuance of a valid visa. Also see 63 FR of any unfilled balances. In the event the FOR FURTHER INFORMATION CONTACT: Roy 17156, published on April 8, 1998. limits established for that period have been In the letter published below, the Unger, International Trade Specialist, exhausted by previous entries, such products Chairman of CITA directs the Office of Textiles and Apparel, U.S. shall be charged to the limits set forth in this Commissioner, Bureau of Customs and Department of Commerce, (202) 482– directive. 4212. For information on the quota Border Protection to establish the 2004 These limits do not apply to goods entered status of these limits, refer to the Quota limits. under the Outward Processing Program, as These limits are subject to adjustment Status Reports posted on the bulletin defined in the letter to the Commissioner of pursuant to the provisions of the ATC boards of each Customs port, call (202) Customs, dated December 8, 1999 (see 64 FR and administrative arrangements 69746). 927–5850, or refer to the Bureau of notified to the Textiles Monitoring Any shipment for entry under the Outward Customs and Border Protection Web site Body. However, as the ATC and all Processing Program which is not at http://www.customs.gov. For restrictions thereunder will terminate accompanied by a valid certification in information on embargoes and quota re- on January 1, 2005, no adjustment for accordance with the provisions established openings, refer to the Office of Textiles carryforward (borrowing from next in the letter to the Commissioner of Customs, and Apparel Web site at http:// year’s limits for use in the current year) dated December 9, 1999 (see 64 FR 69743), otexa.ita.doc.gov. will be available. shall be denied entry. However, the SUPPLEMENTARY INFORMATION: A description of the textile and Government of Macedonia may authorize the apparel categories in terms of HTS entry and charges to the appropriate specific Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); numbers is available in the limits by the issuance of a valid visa. Also Executive Order 11651 of March 3, 1972, as CORRELATION: Textile and Apparel see directive dated April 2, 1998, (63 FR amended. Categories with the Harmonized Tariff 17156). Any shipment which is declared for Schedule of the United States (see entry under the Outward Processing Program The Bilateral Textile Agreement, Federal Register notice 68 FR 1599, but found not to qualify shall be denied entry effected by exchange of notes dated May published on January 13, 2004). into the United States. 30 and June 1, 1986, as amended and Information regarding the 2004 In carrying out the above directions, the extended, and Memorandum of CORRELATION will be published in the Commissioner, Bureau of Customs and Understanding (MOU) dated July 13, Federal Register at a later date. Border Protection should construe entry into 2000 between the Governments of the United States and Nepal establish limits James C. Leonard III, the United States for consumption to include entry for consumption into the for the period January 1, 2004 through Chairman, Committee for the Implementation December 31, 2004. of Textile Agreements. Commonwealth of Puerto Rico. The Committee for the Implementation of These limits will be revised when Committee for the Implementation of Textile Textile Agreements has determined that Nepal becomes a member of the World Agreements these actions fall within the foreign affairs Trade Organization (WTO) and the December 3, 2003. exception of the rulemaking provisions of 5 United States applies the WTO Commissioner, U.S.C. 553(a)(1). agreement to Nepal. Bureau of Customs and Border Protection, Sincerely, In the letter published below, the Washington, DC 20229. James C. Leonard III, Chairman of CITA directs the Dear Commissioner: Pursuant to section Chairman, Committee for the Implementation 204 of the Agricultural Act of 1956, as Commissioner, Bureau of Customs and of Textile Agreements. Border Protection to establish the 2004 amended (7 U.S.C. 1854); Executive Order [FR Doc. E3–00486 Filed 12–8–03; 8:45 am] 11651 of March 3, 1972, as amended; and the limits. Uruguay Round Agreement on Textiles and BILLING CODE 3510–DR–S A description of the textile and Clothing (ATC), you are directed to prohibit, apparel categories in terms of HTS effective on January 1, 2004, entry into the numbers is available in the United States for consumption and CORRELATION: Textile and Apparel withdrawal from warehouse for consumption of wool textile products in the following Categories with the Harmonized Tariff categories, produced or manufactured in the Schedule of the United States (see Former Yugoslav Republic of Macedonia and Federal Register notice 68 FR 1599, exported during the twelve-month period published on January 13, 2003). beginning on January 1, 2004 and extending Information regarding the 2004

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CORRELATION will be published in the Sincerely, carryforward (borrowing from next Federal Register at a later date. James C. Leonard III, year’s limits for use in the current year) Chairman, Committee for the Implementation will be available. James C. Leonard III, of Textile Agreements. A description of the textile and Chairman, Committee for the Implementation [FR Doc. E3–00487 Filed 12–8–03; 8:45 am] apparel categories in terms of HTS of Textile Agreements. BILLING CODE 3510–DR–S numbers is available in the Committee for the Implementation of Textile CORRELATION: Textile and Apparel Agreements Categories with the Harmonized Tariff December 3, 2003. COMMITTEE FOR THE Schedule of the United States (see IMPLEMENTATION OF TEXTILE Commissioner, Federal Register notice 68 FR 1599, Bureau of Customs and Border Protection, AGREEMENTS published on January 13, 2003). Washington, DC 20229. Information regarding the availability of Announcement of Import Restraint Dear Commissioner: Pursuant to section the 2004 CORRELATION will be Limits for Certain Cotton and Man- 204 of the Agricultural Act of 1956, as published in the Federal Register at a Made Fiber Textile Products Produced amended (7 U.S.C. 1854); Executive Order later date. 11651 of March 3, 1972, as amended; the or Manufactured in Pakistan Bilateral Textile Agreement, effected by James C. Leonard III, December 3, 2003. exchange of notes dated May 30 and June 1, Chairman, Committee for the Implementation 1986, as amended and extended; and the AGENCY: Committee for the of Textile Agreements. Memorandum of Understanding dated July Implementation of Textile Agreements 13, 2000 between the Governments of the (CITA). Committee for the Implementation of Textile United States and Nepal, you are directed to Agreements ACTION: Issuing a directive to the prohibit, effective on January 1, 2004, entry December 3, 2003. into the United States for consumption and Commissioner, Bureau of Customs and withdrawal from warehouse for consumption Border Protection establishing limits. Commissioner, of cotton and man-made fiber textile Bureau of Customs and Border Protection, products in the following categories, EFFECTIVE DATE: January 1, 2004. Washington, DC 20229. Dear Commissioner: Pursuant to section produced or manufactured in Nepal and FOR FURTHER INFORMATION CONTACT: Ross 204 of the Agricultural Act of 1956, as exported during the twelve-month period Arnold, International Trade Specialist, beginning on January 1, 2004 and extending amended (7 U.S.C. 1854); Executive Order through December 31, 2004, in excess of the Office of Textiles and Apparel, U.S. 11651 of March 3, 1972, as amended; and the following levels of restraint: Department of Commerce, (202) 482– Uruguay Round Agreement on Textiles and 4212. For information on the quota Clothing (ATC), you are directed to prohibit, status of these limits, refer to the Quota effective on January 1, 2004, entry into the Category Twelve-month restraint limit Status Reports posted on the bulletin United States for consumption and boards of each Customs port, call (202) withdrawal from warehouse for consumption of cotton and man-made fiber textile 336/636 ...... 365,462 dozen. 927–5850, or refer to the Bureau of 340 ...... 479,856 dozen. products in the following categories, 341 ...... 1,333,220 dozen. Customs and Border Protection website produced or manufactured in Pakistan and 342/642 ...... 418,806 dozen. at http://www.customs.gov. For exported during the twelve-month period 347/348 ...... 1,080,848 dozen. information on embargoes and quota re- beginning on January 1, 2004 and extending 363 ...... 9,773,596 numbers. openings, refer to the Office of Textiles through December 31, 2004, in excess of the 369–S 1 ...... 1,106,886 kilograms. and Apparel website at http:// following limits: 640 ...... 241,509 dozen. otexa.ita.doc.gov. 641 ...... 544,541 dozen. Category Twelve-month restraint SUPPLEMENTARY INFORMATION: limit 1 Category 369–S: only HTS number Authority: Section 204 of the Agricultural 6307.10.2005. Specific limits Act of 1956, as amended (7 U.S.C. 1854); 219 ...... 15,753,418 square The limits set forth above are subject to Executive Order 11651 of March 3, 1972, as meters. adjustment pursuant to the provisions of the amended. current bilateral agreement between the 226/313 ...... 209,446,767 square The import restraint limits for textile meters. Governments of the United States and Nepal. products, produced or manufactured in Products in the above categories exported 237 ...... 766,188 dozen. 1 during 2003 shall be charged to the Pakistan and exported during the period 239pt...... 3,308,962 kilograms. applicable category limits for that year (see January 1, 2004 through December 31, 314 ...... 11,457,029 square directive dated October 8, 2002) to the extent 2004 are based on limits notified to the meters. of any unfilled balances. In the event the Textiles Monitoring Body pursuant to 315 ...... 132,367,690 square limits established for that period have been the Uruguay Round Agreement on meters. exhausted by previous entries, such products Textiles and Clothing (ATC). 317/617 ...... 61,568,153 square shall be charged to the limits set forth in this meters. In the letter published below, the 331pt./631pt. 2 ...... 1,154,600 dozen pairs. directive. Chairman of CITA directs the These limits will be revised when Nepal 334/634 ...... 520,435 dozen. becomes a member of the World Trade Commissioner, Bureau of Customs and 335/635 ...... 803,709 dozen. Organization (WTO) and the United States Border Protection to establish the 2004 336/636 ...... 919,428 dozen. applies the WTO agreement to Nepal. limits. 338 ...... 7,440,057 dozen. In carrying out the above directions, the Carryforward that has been applied to 339 ...... 2,604,418 dozen. Commissioner, Bureau of Customs and the 2003 limits is being deducted from 340/640 ...... 1,225,903 dozen of Border Protection should construe entry into the 2004 limits. which not more than the United States for consumption to include These limits are subject to adjustment 459,713 dozen shall entry for consumption into the pursuant to the provisions of the ATC be in Categories 340–D/640–D 3. Commonwealth of Puerto Rico. and administrative arrangements The Committee for the Implementation of 341/641 ...... 1,586,011 dozen. Textile Agreements has determined that notified to the Textiles Monitoring 342/642 ...... 682,604 dozen. these actions fall within the foreign affairs Body. However, as the ATC and all 347/348 ...... 1,443,013 dozen. exception of the rulemaking provisions of 5 restrictions thereunder will terminate 351/651 ...... 704,893 dozen. U.S.C. 553(a)(1). on January 1, 2005, no adjustment for 352/652 ...... 1,532,378 dozen.

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7 Twelve-month restraint Category 666–S: only HTS numbers Executive Order 11651 of March 3, 1972, as Category limit 6302.22.1030, 6302.22.1040, 6302.22.2020, amended. 6302.32.1030, 6302.32.1040, 6302.32.2030 The import restraint limits for textile and 6302.32.2040. 359–C/659–C 4 ...... 2,758,281 kilograms. products, produced or manufactured in 360 ...... 9,323,231 numbers. The limits set forth above are subject to Poland and exported during the period 361 ...... 10,840,965 numbers. adjustment pursuant to the provisions of the January 1, 2004 through December 31, 363 ...... 69,203,441 numbers. ATC and administrative arrangements 2004 are based on the limits notified to 369–S 5 ...... 1,328,942 kilograms. notified to the Textiles Monitoring Body. Products in the above categories exported the Textiles Monitoring Body pursuant 613/614 ...... 41,472,382 square during 2003 shall be charged to the to the Uruguay Round Agreement on meters. applicable category limits for that year (see Textiles and Clothing (ATC). 615 ...... 44,119,547 square directive dated November 1, 2002) to the In the letter published below, the meters. extent of any unfilled balances. In the event Chairman of CITA directs the 625/626/627/628/629 135,692,020 square the limits established for that period have Commissioner, Bureau of Customs and meters of which not been exhausted by previous entries, such Border Protection to establish the limits more than products shall be charged to the limits set 67,846,012 square forth in this directive. for the 2004 period. meters shall be in In carrying out the above directions, the These limits are subject to adjustment Category 625; not Commissioner, Bureau of Customs and pursuant to the provisions of the ATC more than Border Protection should construe entry into and administrative arrangements 67,846,012 square the United States for consumption to include notified to the Textiles Monitoring meters shall be in entry for consumption into the Body. However, as the ATC and all Category 626; not Commonwealth of Puerto Rico. restrictions thereunder will terminate more than The Committee for the Implementation of on January 1, 2005, no adjustment for 67,846,012 square Textile Agreements has determined that meters shall be in these actions fall within the foreign affairs carryforward (borrowing from next Category 627; not exception of the rulemaking provisions of 5 year’s limits for use in the current year) more than U.S.C. 553(a)(1). will be available. 14,037,107 square Sincerely, A description of the textile and meters shall be in James C. Leonard III, apparel categories in terms of HTS Category 628; and Chairman, Committee for the Implementation numbers is available in the not more than of Textile Agreements. CORRELATION: Textile and Apparel 67,846,012 square [FR Doc.03–30481 Filed 12–8–03; 8:45 am] Categories with the Harmonized Tariff meters shall be in BILLING CODE 3510–DR–S Schedule of the United States (see Category 629. Federal Register notice 68 FR 1599, 638/639 ...... 906,896 dozen. published on January 13, 2004). 647/648 ...... 1,719,441 dozen. COMMITTEE FOR THE Information regarding the 2004 666–P 6 ...... 1,255,461 kilograms. IMPLEMENTATION OF TEXTILE CORRELATION will be published in the 666–S 7 ...... 6,646,555 kilograms. AGREEMENTS Federal Register at a later date. 1 Category 239pt.: only HTS number 6209.20.5040 (diapers). Announcement of Import Restraint James C. Leonard III, 2 Category 331pt.: all HTS numbers except Limits for Certain Cotton, Wool and Chairman, Committee for the Implementation 6116.10.1720, 6116.10.4810, 6116.10.5510, Man-Made Fiber Textile Products of Textile Agreements. 6116.10.7510, 6116.92.6410, 6116.92.6420, Produced or Manufactured in Poland 6116.92.6430, 6116.92.6440, 6116.92.7450, Committee for the Implementation of Textile 6116.92.7460, 6116.92.7470, 6116.92.8800, December 3, 2003. Agreements 6116.92.9400 and 6116.99.9510; Category AGENCY December 3, 2003. 631pt.: all HTS numbers except 6116.10.1730, : Committee for the 6116.10.4820, 6116.10.5520, 6116.10.7520, Implementation of Textile Agreements Commissioner, 6116.93.8800, 6116.93.9400, 6116.99.4800, (CITA). Bureau of Customs and Border Protection, 6116.99.5400 and 6116.99.9530. ACTION: Issuing a directive to the Washington, DC 20229. 3 Category 340–D: only HTS numbers Dear Commissioner: Pursuant to section 6205.20.2015, 6205.20.2020, 6205.20.2025 Commissioner, Bureau of Customs and Border Protection establishing limits. 204 of the Agricultural Act of 1956, as and 6205.20.2030; Category 640–D: only HTS amended (7 U.S.C. 1854); Executive Order numbers 6205.30.2010, 6205.30.2020, 11651 of March 3, 1972, as amended; and the 6205.30.2030, 6205.30.2040, 6205.90.3030 EFFECTIVE DATE: January 1, 2004. and 6205.90.4030. Uruguay Round Agreement on Textiles and FOR FURTHER INFORMATION CONTACT: 4 Category 359–C: only HTS numbers Clothing (ATC), you are directed to prohibit, 6103.42.2025, 6103.49.8034, 6104.62.1020, Naomi Freeman, International Trade effective on January 1, 2004, entry into the 6104.69.8010, 6114.20.0048, 6114.20.0052, Specialist, Office of Textiles and United States for consumption and 6203.42.2010, 6203.42.2090, 6204.62.2010, Apparel, U.S. Department of Commerce withdrawal from warehouse for consumption 6211.32.0010, 6211.32.0025 and (202) 482–4212. For information on the of cotton, wool and man-made fiber textile 6211.42.0010; Category 659–C: only HTS quota status of these limits, refer to the products in the following categories, numbers 6103.23.0055, 6103.43.2020, produced or manufactured in Poland and 6103.43.2025, 6103.49.2000, 6103.49.8038, Quota Status Reports posted on the 6104.63.1020, 6104.63.1030, 6104.69.1000, bulletin boards of each Customs port, exported during the twelve-month period beginning on January 1, 2004 and extending 6104.69.8014, 6114.30.3044, 6114.30.3054, call (202) 927–5850, or refer to the 6203.43.2010, 6203.43.2090, 6203.49.1010, through December 31, 2004, in excess of the 6203.49.1090, 6204.63.1510, 6204.69.1010, Bureau of Customs and Border following levels of restraint: 6210.10.9010, 6211.33.0010, 6211.33.0017 Protection website at http:// and 6211.43.0010. www.customs.gov. For information on Twelve-month restraint 5 Category Category 369–S: only HTS number embargoes and quota re-openings, refer limit 6307.10.2005. to the Office of Textiles and Apparel 6 Category 666–P: only HTS numbers website at http://otexa.ita.doc.gov. 335 ...... 367,798 dozen. 6302.22.1010, 6302.22.1020, 6302.22.2010, 338/339 ...... 3,960,929 dozen. 6302.32.1010, 6302.32.1020, 6302.32.2010 SUPPLEMENTARY INFORMATION: 410 ...... 2,993,198 square me- and 6302.32.2020. Authority: Section 204 of the Agricultural ters. Act of 1956, as amended (7 U.S.C. 1854); 433 ...... 21,137 dozen.

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openings, refer to the Office of Textiles Twelve-month restraint Category Twelve-month restraint Category limit and Apparel Web site at http:// limit otexa.ita.doc.gov. 434 ...... 11,529 dozen. 340/640 ...... 806,934 dozen. 435 ...... 15,086 dozen. SUPPLEMENTARY INFORMATION: 341/641 ...... 372,431 dozen. 443 ...... 251,429 numbers. 347/348 ...... 918,663 dozen. Authority: Section 204 of the Agricultural 611 ...... 11,321,188 square Act of 1956, as amended (7 U.S.C. 1854); meters. The limits set forth above are subject to Executive Order 11651 of March 3, 1972, as 645/646 ...... 579,994 dozen. adjustment pursuant to the provisions of the amended. ATC and administrative arrangements The limits set forth above are subject to The import restraint limits for textile notified to the Textiles Monitoring Body. adjustment pursuant to the provisions of the products, produced or manufactured in Products in the above categories exported ATC and administrative arrangements Qatar and exported during the period during 2003 shall be charged to the notified to the Textiles Monitoring Body. January 1, 2004 through December 31, applicable category limits for that year (see Products in the above categories exported 2004 are based on limits notified to the directive dated November 1, 2002) to the extent of any unfilled balances. In the event during 2003 shall be charged to the Textiles Monitoring Body pursuant to applicable category limits for that year (see the limits established for that period have directive dated November 1, 2002) to the the Uruguay Round Agreement on been exhausted by previous entries, such extent of any unfilled balances. In the event Textiles and Clothing (ATC). products shall be charged to the limits set the limits established for that period have In the letter published below, the forth in this directive. been exhausted by previous entries, such Chairman of CITA directs the In carrying out the above directions, the products shall be charged to the limits set Commissioner, Bureau of Customs and Commissioner, Bureau of Customs and forth in this directive. Border Protection should construe entry into Border Protection to establish the limits the United States for consumption to include In carrying out the above directions, the for the 2004 period. Commissioner, Bureau of Customs and entry for consumption into the Border Protection should construe entry into These limits are subject to adjustment Commonwealth of Puerto Rico. the United States for consumption to include pursuant to the provisions of the ATC The Committee for the Implementation of entry for consumption into the and administrative arrangements Textile Agreements has determined that Commonwealth of Puerto Rico. notified to the Textiles Monitoring these actions fall within the foreign affairs The Committee for the Implementation of exception to the rulemaking provisions of 5 Body. However, as the ATC and all U.S.C. 553(a)(1). Textile Agreements has determined that restrictions thereunder will terminate these actions fall within the foreign affairs Sincerely, exception to the rulemaking provisions of 5 on January 1, 2005, no adjustment for James C. Leonard III, U.S.C. 553(a)(1). carryforward (borrowing from next Chairman, Committee for the Implementation Sincerely, year’s limits for use in the current year) of Textile Agreements. James C. Leonard III, will be available. [FR Doc. 03–30483 Filed 12–8–03; 8:45 am] Chairman, Committee for the Implementation A description of the textile and BILLING CODE 3510–DR–S of Textile Agreements. apparel categories in terms of HTS [FR Doc. 03–30482 Filed 12–8–03; 8:45 am] numbers is available in the BILLING CODE 3510–DR–S CORRELATION: Textile and Apparel COMMITTEE FOR THE Categories with the Harmonized Tariff IMPLEMENTATION OF TEXTILE Schedule of the United States (see AGREEMENTS COMMITTEE FOR THE Federal Register notice 68 FR 1599, Announcement of an Import Limit for IMPLEMENTATION OF TEXTILE published on January 13, 2003). Certain Wool Textile Products AGREEMENTS Information regarding the 2004 Produced or Manufactured in Russia Announcement of Import Restraint CORRELATION will be published in the Limits for Certain Cotton and Man- Federal Register at a later date. December 3, 2003. Made Fiber Textile Products Produced James C. Leonard III, AGENCY: Committee for the Implementation of Textile Agreements or Manufactured in Qatar Chairman, Committee for the Implementation of Textile Agreements. (CITA). December 3, 2003. ACTION: Issuing a directive to the AGENCY: Committee for the Committee for the Implementation of Textile Commissioner, Bureau of Customs and Implementation of Textile Agreements Agreements Border Protection establishing a limit. (CITA). December 3, 2003. ACTION: Issuing a directive to the Commissioner, EFFECTIVE DATE: January 1, 2004. Commissioner, Bureau of Customs and Bureau of Customs and Border Protection, FOR FURTHER INFORMATION CONTACT: Border Protection establishing limits. Washington, DC 20229. Naomi Freeman, International Trade Dear Commissioner: Pursuant to section Specialist, Office of Textiles and EFFECTIVE DATE: January 1, 2004. 204 of the Agricultural Act of 1956, as Apparel, U.S. Department of Commerce, amended (7 U.S.C. 1854); Executive Order FOR FURTHER INFORMATION CONTACT: Roy 11651 of March 3, 1972, as amended; and the (202) 482–4212. For information on the Unger, International Trade Specialist, Uruguay Round Agreement on Textiles and quota status of these limits, refer to the Office of Textiles and Apparel, U.S. Clothing (ATC), you are directed to prohibit, Quota Status Reports posted on the Department of Commerce, (202) 482– effective on January 1, 2004, entry into the bulletin boards of each Customs port, 4212. For information on the quota United States for consumption and call (202) 927–5850, or refer to the status of these limits, refer to the Quota withdrawal from warehouse for consumption Bureau of Customs and Border Status Reports posted on the bulletin of cotton and man-made fiber textile Protection Web site at http:// boards of each Customs port, call (202) products in the following categories, www.customs.gov. For information on produced or manufactured in Qatar and embargoes and quota re-openings, refer 927–5850, or refer to the Bureau of exported during the twelve-month period Customs and Border Protection Web site beginning on January 1, 2004 through to the Office of Textiles and Apparel at http://www.customs.gov. For December 31, 2004, in excess of the following website at http://otexa.ita.doc.gov. information on embargoes and quota re- levels of restraint: SUPPLEMENTARY INFORMATION:

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Authority: Section 204 of the Agricultural Products in the above category exported Oman and exported during the period Act of 1956, as amended (7 U.S.C. 1854); during 2003 shall be charged to the January 1, 2004 through December 31, Executive Order 11651 of March 3, 1972, as applicable category limit for that year (see 2004 are based on limits notified to the amended. directive dated November 1, 2002) to the Textiles Monitoring Body pursuant to The Bilateral Textile Agreement, extent of any unfilled balance. In the event the limit established for that period has been the Uruguay Round Agreement on effected by exchange of notes dated Textiles and Clothing (ATC). August 13, 1996 and September 9, 1996, exhausted by previous entries, such products shall be charged to the limit set forth in this In the letter published below, the as amended on February 26, 2001, and directive. Chairman of CITA directs the April 30, 2001, between the This limit may be revised if Russia Commissioner, Bureau of Customs and Governments of the United States and becomes a member of the World Trade Border Protection to establish limits for the Russian Federation establishes a Organization (WTO) and the United States the 2004 period. limit for wool textile products in applies the WTO agreement to Russia. These limits are subject to adjustment In carrying out the above directions, the Category 435 for the period January 1, pursuant to the provisions of the ATC 2004 through December 31, 2004. Commissioner, Bureau of Customs and Border Protection should construe entry into and administrative arrangements In the letter published below, the the United States for consumption to include notified to the Textiles Monitoring Chairman of CITA directs the entry for consumption into the Body. However, as the ATC and all Commissioner, Bureau of Customs and Commonwealth of Puerto Rico. restrictions thereunder will terminate Border Protection to establish the limit The Committee for the Implementation of on January 1, 2005, no adjustment for for the period January 1, 2004 through Textile Agreements has determined that this carryforward (borrowing from next December 31, 2004. action falls within the foreign affairs year’s limits for use in the current year) This limit may be revised if Russia exception of the rulemaking provisions of 5 U.S.C.553(a)(1). will be available. becomes a member of the World Trade Sincerely, A description of the textile and Organization (WTO) and the United James C. Leonard III, apparel categories in terms of HTS States applies the WTO agreement to Chairman, Committee for the Implementation numbers is available in the Russia. of Textile Agreements. CORRELATION: Textile and Apparel A description of the textile and [FR Doc.03–30484 Filed 12–8–03; 8:45 am] Categories with the Harmonized Tariff apparel categories in terms of HTS BILLING CODE 3510–DR–S Schedule of the United States (see numbers is available in the Federal Register notice 68 FR 1599, CORRELATION: Textile and Apparel published on January 13, 2003). Categories with the Harmonized Tariff COMMITTEE FOR THE Information regarding the 2004 Schedule of the United States (see IMPLEMENTATION OF TEXTILE CORRELATION will be published in the Federal Register notice 68 FR 1599, AGREEMENTS Federal Register at a later date. published on January 13, 2003). Information regarding the availability of Announcement of Import Restraint James C. Leonard III, the 2004 CORRELATION will be Limits for Certain Cotton and Man- Chairman, Committee for the Implementation published in the Federal Register at a Made Fiber Textile Products Produced of Textile Agreements. later date. or Manufactured in Oman Committee for the Implementation of Textile Agreements James C. Leonard III, December 3, 2003. December 3, 2003. Chairman, Committee for the Implementation AGENCY: Committee for the of Textile Agreements. Implementation of Textile Agreements Commissioner, (CITA). Bureau of Customs and Border Protection, Committee for the Implementation of Textile Washington, DC 20229. ACTION: Agreements Issuing a directive to the Dear Commissioner: Pursuant to section Commissioner, Bureau of Customs and December 3, 2003. 204 of the Agricultural Act of 1956, as Border Protection establishing limits. amended (7 U.S.C. 1854); Executive Order Commissioner, 11651 of March 3, 1972, as amended; and the Bureau of Customs and Border Protection, EFFECTIVE DATE: January 1, 2004. Uruguay Round Agreement on Textiles and Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Roy Clothing (ATC), you are directed to prohibit, Dear Commissioner: Pursuant to section effective on January 1, 2004, entry into the 204 of the Agricultural Act of 1956, as Unger, International Trade Specialist, Office of Textiles and Apparel, U.S. United States for consumption and amended (7 U.S.C. 1854); Executive Order withdrawal from warehouse for consumption 11651 of March 3, 1972, as amended; and the Department of Commerce (202) 482– of cotton and man-made fiber textile Bilateral Textile Agreement, effected by 4212. For information on the quota products in the following categories, exchange of notes dated August 13, 1996 and status of these limits, refer to the Quota produced or manufactured in Oman and September 9, 1996, as amended on February Status Reports posted on the bulletin exported during the twelve-month period 26, 2001, and April 30, 2001, between the boards of each Customs port, call (202) beginning on January 1, 2004 and extending Governments of the United States and the 927–5850, or refer to the Bureau of through December 31, 2004, in excess of the Russian Federation, you are directed to Customs and Border Protection Web site following levels of restraint: prohibit, effective on January 1, 2004, entry at http://www.customs.gov. For into the United States for consumption and Twelve-month restraint withdrawal from warehouse for consumption information on embargoes and quota re- Category limit of wool textile products in Category 435, openings, refer to the Office of Textiles produced or manufactured in Russia and and Apparel Web site at http:// 334/634 ...... 190,357 dozen. exported during the period beginning on otexa.ita.doc.gov. 335/635 ...... 402,819 dozen. January 1, 2004 and extending through 338/339 ...... 835,850 dozen. SUPPLEMENTARY INFORMATION: December 31, 2004, in excess of 58,583, 340/640 ...... 402,819 dozen. dozen. 1 Authority: Section 204 of the Agricultural 341/641 ...... 302,113 dozen. Act of 1956, as amended (7 U.S.C. 1854); 347/348 ...... 1,440,076 dozen. Executive Order 11651 of March 3, 1972, as 647/648 ...... 569,494 dozen. 1 The limit set forth above is subject to adjustment pursuant to the current bilateral agreement between amended. the Governments of the United States and the The import restraint limits for textile The limits set forth above are subject to Russian Federation. products, produced or manufactured in adjustment pursuant to the provisions of the

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ATC and administrative arrangements • Kodiak City Library, 319 Lower Mill eight communities perceived to be notified to the Textiles Monitoring Body. Bay Rd., Kodiak, AK 99615 affected by the proposed GMD ETR. The Products in the above categories exported • Mountain View Branch Library, 150 Notice of Availability (NOA) of the during 2003 shall be charged to the S. Bragaw St., Anchorage, AK 99508 GMD ETR Draft EIS was published in applicable category limits for that year (see the Federal Register on February 7, directive dated November 1, 2002) to the SUPPLEMENTARY INFORMATION: 2003. This initiated a public review and extent of any unfilled balances. In the event MDA Decision the limits established for that period have comment period for the Draft EIS. Seven been exhausted by previous entries, such This ROD selects the remaining public hearings were held in February products shall be charged to the limits set portions of the activities proposed in and March 2003. Comments on the Draft forth in this directive. Alternative 2 of the EIS regarding KLC. EIS were considered in the preparation In carrying out the above directions, the Those activities include the capability of the Final EIS. The NOA for the Final Commissioner, Bureau of Customs and to conduct dual target launches from EIS was published in the Federal Border Protection should construe entry into KLC. Register on July 15, 2003, initiating an the United States for consumption to include additional 30-day review period. A ROD entry for consumption into the Background Commonwealth of Puerto Rico. was signed on August 13, 2003, The MDA prepared the GMD ETR EIS selecting Alternative 2 described in the The Committee for the Implementation of to analyze potential impacts on the Textile Agreements has determined that EIS, while deferring a decision on the these actions fall within the foreign affairs environment posed by proposed KLC portion of Alternative 2. The ROD exception of the rulemaking provisions of 5 operationally realistic testing in the is the culmination of the NEPA process. U.S.C. 553(a)(1). ETR. Sincerely, On August 13, 2003, the MDA issued Alternatives Considered James C. Leonard III, a ROD based on analysis contained in During the EIS process, alternatives to Chairman, Committee for the the GMD ETR EIS, Federal Register, the proposed action were considered Implementation of Textile Agreements. August 26, 2003 (Volume 68, Number including the No-Action Alternative. [FR Doc. E3–00488 Filed 12–8–03; 8:45 am] 165), Page 51251–56. The MDA Director Alternatives were organized around BILLING CODE 3510–DR–S considered the information contained potential additional interceptor launch within the GMD ETR EIS as well as cost, sites to complement the current test mission requirements, and other factors scenarios with interceptor launches DEPARTMENT OF DEFENSE in deciding to establish a GMD extended from RTS. Interceptor missiles would be test range capability, to provide for the launched from KLC under Alternative 1, Office of the Secretary construction and operation of a Sea- from Vandenberg AFB under Based-Band Radar (SBX), and to select Alternative 2, and from both locations Supplemental Record of Decision to the location of the SBX Primary Support under Alternative 3. For details of the Conduct Target Launches From Base (PSB). That ROD selected portions alternatives considered, refer to Federal Kodiak Launch Complex in Support of of Alternative 2, as examined in the EIS, Register, August 26, 2003 (Volume 68, the Ground-Based Midcourse Defense that included the capability to conduct Number 165), pages 51251–51256. Extended Test Range single and dual launches of interceptor and target missiles from the Ronald Environmental Impacts of Alternatives AGENCIES: Department of Defense, Reagan Ballistic Missile Defense Test The GMD ETR EIS analyzed the Missile Defense Agency (MDA); Federal Site (RTS) and Vandenberg Air Force environment in terms of 14 resource Aviation Administration (FAA), Office Base (AFB). areas: Air quality, airspace, biological of the Associate Administrator for At the time when the ROD was resources, cultural resources, geology Commercial Space Transportation. signed, the FAA was contemplating re- and soils, hazardous materials and ACTION: Notice; Record of Decision licensing activities at KLC. Accordingly, hazardous waste, health and safety, land (ROD). MDA deferred the KLC portion of use, noise, socioeconomic, Alternative 2 to ensure FAA re-licensing transportation, utilities, visual and SUMMARY: The MDA is issuing this posed no additional issues. On aesthetic resources, and water resources. Supplemental ROD to conduct target September 12, 2003, the FAA issued a Subsistence resources were also launches from the Kodiak Launch new license for KLC activities. MDA is considered for potential sites in Alaska. Complex (KLC) to support the Ground- now issuing this supplemental ROD Environmental Justice was addressed Based Midcourse Defense (GMD) regarding the deferred KLC portion of separately. Each resource area was Extended Test Range (ETR). Alternative 2. discussed at each location as applicable. FOR INFORMATION CONTACT: For further The potential for cumulative impacts NEPA Process information on the GMD ETR was also evaluated in the EIS. Environmental Impact Statement (EIS) The GMD ETR EIS was prepared The impacts of the various or this ROD contact Ms. Julia Hudson- pursuant to the Council on alternatives are summarized in depth in Elliot, U.S. Army Space and Missile Environmental Quality (CEQ) regulation Tables ES–1 A, ES1B, and Tables ES 2 Defense Command, Attn: SMDC–EN–V, implementing the National through ES II in the Fianl ETR EIS P.O. Box 1500, Huntsville, Alabama Environmental Policy Act (NEPA) (40 (available on the MDA Internet site: 35807–3801. CFR parts 1500–1508), DoD Instruction http://www.acq.osd.mi./bmdo/). The Public reading copies of the GMD ETR 4715.9, and applicable service following is a short summary of the Final EIS, the ROD, and the environmental regulations that potential impacts of the alternatives at supplemental ROD are available for implement these laws and regulations. KLC, including the NO-Action review at the public libraries within the The Notice of Intent (NOI) to prepare Alternative: communities near proposed activities an EIS for the GMD ETR was published listed below, and on the MDA Internet in the Federal Register on March 28, Kodiak Launch Complex site: http://www.acq.osd.mil./bmdo/. 2003, initiating the public scoping a. Air Quality. Under the No-Action • Anchorage Municipal Library, 3600 process. Public scoping meetings were Alternative, single target and Denali St., Anchorage, AK 99503 held from April to December 2002 in commercial launches would continue.

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Under Alternative 2 (the Selected of limited quantities of hazardous and Alternative 2, and would not Alternative), a minimal increase in air toxic materials related to pre-launch, significantly impact the availability of emissions from dual target launches, launch, and post-launch activities recreational opportunities. Impacts support facilities construction, and would generate small quantities of under Alternative 3 would be the same operation of mobile telemetry will not hazardous waste. Under Alternative 2 as Alternative 1. affect the region’s current attainment (Selected Alternative), the single and f. Water Resources. Under the No- status. The results of modeling a dual dual target launch activities and support Action Alternative, missile launches Peacekeeper target launch to determine facilities construction will use small would continue to disperse exhaust exhaust emissions of aluminum oxide, quantities of hazardous materials, which emission products over a large area. hydrogen chloride, and carbon will result in the generation of some monoxide show that the level of hazardous and non-hazardous waste These emissions would not cause a hydrogen chloride will be below the 1- that will be similar to current significant water quality impact, and hour Air Force standard, but will exceed operations. All hazardous materials and water quality monitoring would the peak hydrogen chloride standard for waste will be handled in accordance continue on an as-needed basis. Under a short duration. Other emissions were with applicable state and federal Alternative 2 (Selected Alternative), determined to be within National regulations. No impact from short-term there is a minor potential for short-term Ambient Air Quality Standards operation of mobile sensors at existing increase in erosion and turbidity of (NAAQS) and Alaska Ambient Air gravel pad areas are expected. Under surface waters during construction. Quality Standards (AAQS). A single Alternative 1, the impacts would be the Missile launches will disperse exhaust Peacekeeper target launch would be same as Alternative 2, plus additional emission products over a large area. within NAAQS, Alaska AAQS, and U.S. construction for IGBI silos and the These emissions will not cause a Air Force standards. Significant air addition of dual GBI launches. significant water quality impact. Water quality impacts due to target launches Hazardous materials and hazardous quality monitoring will continue on an are not anticipated. Under Alternative 1, waste handling and potential impacts as-needed basis. Under Alternative 1, the impacts would be the same as from the addition of GBI construction the impacts would be similar as Alternative 2 with the addition of GBI and launches would be similar to Alternative 2, plus additional silo construction and GBI launches. The Alternative 2. Alternative 3 would have construction for GBI silos and the results of modeling to determine the similar impacts as Alternative 1. addition of dual GBI launches. Potential exhaust emissions of aluminum oxide, d. Health and Safety. Under the No- impacts from the addition of GBI hydrogen chloride, and carbon Action Alternative, planning and construction and launches would be monoxide show that concentrations execution of target and commercial similar to Alternative 2. Alternative 3 produced by dual launches of a Ground- launches would continue. Ground and would have the similar impacts as Based Interceptor would remain within Launch Hazard Areas, Notices to Alternative 1. NAAQS, Alaska AAQS, and U.S. Air Airmen, Notices to Mariners, and Force standards Significant air quality program Safety plans would protect F. Mitigation Measures and Monitoring impacts due to Ground-Based workers and the general public. Under Interceptor (GBI) launches are not Alternative 2 (Selected Alternative) The applicable mitigation measures anticipated. Alternative 3 would have planning and execution of single and specified for each of the sites selected the same impacts as Alternative 1. dual target launches will include will be implemented as part of the GMD b. Biological Resources. Under the No- establishing Ground and Launch Hazard ETR action. A Mitigation Monitoring Action Alternative, temporary effects to Areas, issuing Notices to Airmen and Plan has been developed to assist in vegetation from emissions, Notices to Mariners, and adherences to tracking and implementing these discoloration, and foliage loss and program Safety plans. These actions will mitigation measures. With the temporary, short-term startle effects be in compliance with federal, state, and implementation of the mitigation from noise to wildlife and birds would local health and safety requirements and measures, all practicable means to avoid be possible during testing. Although a regulations, as well as Department of or minimize environmental harm from remote possibility, individual animals Defense and KLC Safety Policy and will establishing the GMD ETR considered in close to the water’s surface could be hit result in no significant impacts to health this ROD have adopted. by debris. Under Alternative 2 (the and safety. Due to the same precautions Selected Alternative), loss of small taken above, Alternative 1 and 3 would G. Environmentally Preferred amounts of mainly upland vegetation also result in no significant impacts to Alternative will occur due to construction. Fence health and safety. The environmentally preferred lines will be altered to avoid impacts to e. Land Use. Under the No-Action alternative in the EIS is the No-Action wetlands. Testing impacts will be Alternative, publication of availability Alternative (not proceeding with the similar to those noted in the No Action of KLC’s beaches and coastline would GMD ETR), since there would be no continue. Under Alternative 2 (Selected Alternative. Mobile sensors necessary to new construction or operation of GMD Alternative), minimal impacts will support GMD ETR activities will be elements at any of the potential sites. occur as a result of site preparation and located on existing disturbed areas with Continuation of current site operations new construction. This activity will minimal effect to biological resources. at these locations would result in few Under Alternative 1, the impacts would limit the use of a small portion of the additional environmental impacts. be the same as Alternative 2, plus overall land available for livestock additional acreage would be disturbed grazing. Only temporary closures during Among the three alternatives in the from GBI silo construction and the the transportation of missile EIS, Alternative 2 is the addition of dual GBI launches. components to the launch facilities and environmentally preferred action to Alternative 3 would have the same up to a full day closure on launch days establish and operate the GMD ETR. The impacts as Alternative 1. will occur for the Pasagshak Point Road activities proposed in Alternative 2 for c. Hazardous Materials and at the KLC site boundary. Under KLC will require less construction and Hazardous Waste. Under the No-Action Alternative 1, the proposed activities ground disturbance than the other Alternative, continued handling and use would result in impacts similar to alternatives.

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Conclusion ways to enhance the quality, utility, and DEPARTMENT OF DEFENSE In accordance with NEPA, Lieutenant clarity of the information to be GENERAL SERVICES General Kadish considered the collected; and ways in which we can ADMINISTRATION information contained within the GMD minimize the burden of the collection of ETR EIS as well as cost, mission information on those who are to respond, through the use of appropriate NATIONAL AERONAUTICS AND requirements and other factors in SPACE ADMINISTRATION deciding to establish and extended GMD technological collection techniques or test range capability at KLC. other forms of information technology. [OMB Control No. 9000–0034] He previously chose Alternative 2, DATES: Submit comments on or before and deferred the portion of Alternative Federal Acquisition Regulation; January 8, 2004. 2 regarding activities at KLC until the Submission for OMB Review; FAA re-licensing activity occurred. ADDRESSES: Submit comments, Examination of Records by After his review of this action, he is including suggestions for reducing this Comptroller General and Contract Audit satisfied that all concerns have been burden to the General Services addressed, and is accordingly issuing Administration, FAR Secretariat (MVA), AGENCIES: Department of Defense (DOD), this supplemental ROD regarding KLC. 1800 F Street, NW., Room 4035, General Services Administration (GSA), Dated: December 3, 2003. Washington, DC 20405. and National Aeronautics and Space Administration (NASA). L.M. Bynum, FOR FURTHER INFORMATION CONTACT: ACTION: Notice of request for public Alternate OSD Federal Register Liaison Edward Loeb, Policy Advisor, Office of Officer, Department of Defense. comments regarding a reinstatement to Acquisition Policy, GSA, (202) OMB clearance (9000–0034). [FR Doc. 03–30395 Filed 12–8–03; 8:45 am] 501–0650. BILLING CODE 5001–06–M SUMMARY: Under the provisions of the SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal DEPARTMENT OF DEFENSE A. Purpose Acquisition Regulation (FAR) Allowable costs of assets are limited GENERAL SERVICES Secretariat has submitted to the Office ADMINISTRATION in the event of change in ownership of of Management and Budget (OMB) a a contractor. Contractors are required to request to review and approve an NATIONAL AERONAUTICS AND provide the Government adequate and extension of a currently approved SPACE ADMINISTRATION timely notice of this event per the FAR information collection requirement clause at 52.215–19, Notification of concerning examination of records by [OMB Control No. 9000–0115] Ownership Changes. comptroller general/audit-negotiation now retitled examination of records by Federal Acquisition Regulation; B. Annual Reporting Burden comptroller general and contract audit. Submission for OMB Review; A request for public comments was Respondents: 100. Notification of Ownership Changes published in the Federal Register at 68 Responses Per Respondent: 1. AGENCIES: Department of Defense (DOD), FR 47913 on August 12, 2003. No General Services Administration (GSA), Total Responses: 100. comments were received. Public comments are particularly and National Aeronautics and Space Hours Per Response: 125. Administration (NASA). invited on: Whether this collection of Total Burden Hours: 125. information is necessary for the proper ACTION: Notice of request for public Obtaining Copies of Proposals: performance of functions of the FAR, comments regarding a reinstatement to and whether it will have practical OMB clearance (9000–0115). Requesters may obtain a copy of the information collection documents from utility; whether our estimate of the SUMMARY: Under the provisions of the the General Services Administration, public burden of this collection of Paperwork Reduction Act of 1995 (44 FAR Secretariat (MVA), Room 4035, information is accurate, and based on U.S.C. Chapter 35), the Federal 1800 F Street, NW., Washington, DC valid assumptions and methodology; ways to enhance the quality, utility, and Acquisition Regulation (FAR) 20405, telephone (202) 501–4755. Please clarity of the information to be Secretariat has submitted to the Office cite OMB Control No. 9000–0115, of Management and Budget (OMB) a collected; and ways in which we can Notification of Ownership Changes, in minimize the burden of the collection of request to review and approve an all correspondence. extension of a currently approved information on those who are to information collection requirement Dated: December 2, 2003. respond, through the use of appropriate concerning notification of ownership Ralph J. Destefano, technological collection techniques or changes. A request for public comments Acting Director, Acquisition Policy Division. other forms of information technology. DATES: was published in the Federal Register at [FR Doc. 03–30343 Filed 12–8–03; 8:45 am] Submit comments on or before January 8, 2004. 68 FR 48602 on August 14, 2003. No BILLING CODE 6820–EP–P comments were received. ADDRESSES: Submit comments, Public comments are particularly including suggestions for reducing this invited on: Whether this collection of burden, to the General Services information is necessary for the proper Administration, FAR Secretariat (MVA), performance of functions of the FAR, 1800 F Street, NW., Room 4035, and whether it will have practical Washington, DC 20405. utility; whether our estimate of the FOR FURTHER INFORMATION CONTACT: public burden of this collection of Edward Loeb, Policy Advisor, Office of information is accurate, and based on Acquisition Policy, GSA, (202) valid assumptions and methodology; 501–0650.

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SUPPLEMENTARY INFORMATION: and National Aeronautics and Space along with information on the Administration (NASA). consultants they expect to collaborate A. Purpose ACTION: Notice of request for public with on the specific project. The Audit and Records-Negotiation comments regarding an extension to an Standard Form 330, Part II is used by clause, 52.215–2; Contract Terms and existing OMB clearance (9000–0157). all Executive agencies to obtain general Conditions Required to Implement uniform information about a firm’s Statutes or Executive Orders- SUMMARY: Under the provisions of the experience in architect-engineering Commercial Items clause, 52.212–5(d); Paperwork Reduction Act of 1995 (44 projects. Architect-engineer firms are and Audit and Records-Sealed Bidding U.S.C. Chapter 35), the Federal encouraged to update the form annually. clause, 52.214–26, implement the Acquisition Regulation (FAR) The information obtained on this form requirements of 10 U.S.C. 2313, 41 Secretariat has submitted to the Office is used to determine if a firm should be U.S.C. 254, and 10 U.S.C. 2306. The of Management and Budget (OMB) a solicited for architect-engineer projects. statutory requirements are that the request to review and approve an B. Annual Reporting Burden Comptroller General and/or agency shall extension of a currently approved have access to, and the right to, examine information collection requirement Respondents: 5,000. certain books, documents and records of concerning consolidated form for Responses Per Respondent: 4. the contractor for a period of 3 years selection of architect-engineer and Total Responses: 20,000. after final payment. The record contracts (SF 330). A request for public Hours Per Response: 29. retention periods required of the comments was published at 68 FR Total Burden Hours: 580,000. contractor in the clauses are for 55375 on September 25, 2003. No Obtaining Copies of Proposals: compliance with the aforementioned comments were received. Requesters may obtain a copy of the statutory requirements. The information Public comments are particularly information collection documents from must be retained so that audits invited on: Whether this collection of the General Services Administration, necessary for contract surveillance, information is necessary for the proper FAR Secretariat (MVA), Room 4035, verification of contract pricing, and performance of functions of the FAR, 1800 F Street, NW, Washington, DC reimbursement of contractor costs can and whether it will have practical 20405, telephone (202) 501–4755. Please be performed. utility; whether our estimate of the cite OMB Control No. 9000–0157, public burden of this collection of Consolidated Form for Selection of B. Annual Reporting Burden information is accurate, and based on Architect-Engineer Contracts (SF 330), Respondents: 19,142. valid assumptions and methodology; in all correspondence. Responses Per Respondent: 20. ways to enhance the quality, utility, and Dated: December 3, 2003. Total Responses: 382,840. clarity of the information to be Laura Auletta, Hours Per Response: 0.167. collected; and ways in which we can Director, Acquisition Policy Division. Total Burden Hours: 63,934. minimize the burden of the collection of [FR Doc. 03–30469 Filed 12–8–03; 8:45 am] Obtaining Copies of Proposals: information on those who are to BILLING CODE 6820–EP–P Requesters may obtain a copy of the respond, through the use of appropriate information collection documents from technological collection techniques or the General Services Administration, other forms of information technology. DEPARTMENT OF DEFENSE FAR Secretariat (MVA), 1800 F Street, DATES: Submit comments on or before NW., Room 4035, Washington, DC January 8, 2004. Office of the Inspector General; 20405, telephone (202) 501–4755. Please ADDRESSES: Submit comments regarding Privacy Act of 1974; System of cite OMB Control No. 9000–0034, this burden estimate or any other aspect Records Examination of Records by Comptroller of this collection of information, General and Contract Audit in all AGENCY: Office of the Inspector General, including suggestions for reducing this DoD. correspondence. burden to the General Services ACTION: Notice to add a System of Administration, FAR Secretariat (MVA), Dated: December 2, 2003. Records. Ralph J. Destefano, 1800 F Street, NW, Room 4035, Acting Director, Acquisition Policy Division. Washington, DC 20405. SUMMARY: The Office of the Inspector [FR Doc. 03–30344 Filed 12–8–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: General, DoD is proposing to add an BILLING CODE 6820–EP–P Cecelia Davis, Acquisition Policy exempt system of records to its existing Division, GSA (202) 219–0202. inventory of record systems subject to SUPPLEMENTARY INFORMATION: the Privacy Act of 1974, (5 U.S.C. 552a), DEPARTMENT OF DEFENSE as amended. A. Purpose The exemption is needed because GENERAL SERVICES Standard Form 330, Part I is used by during the course of processing a ADMINISTRATION all Executive agencies to obtain Congressional inquiry, exempt materials information from architect-engineer from other systems of records may NATIONAL AERONAUTICS AND firms interested in a particular project. become part of the records in this SPACE ADMINISTRATION The information on the form is reviewed system. To the extent that copies of by a selection panel composed of exempt records from those ‘‘other’’ [OMB Control No. 9000–0157] professional people and assists the systems of records are entered into the Federal Acquisition Regulation; panel in selecting the most qualified Congressional case records, the Office of Submission for OMB Review; architect-engineer firm to perform the the Inspector General, DoD, hereby Consolidated Form for Selection of specific project. The form is designed to claims the same exemptions for the Architect-Engineer Contracts (SF 330) provide a uniform method for architect- records from those other systems that engineer firms to submit information on are entered into this system, as claimed AGENCIES: Department of Defense (DOD), experience, personnel, capabilities of for the original primary systems of General Services Administration (GSA), the architect-engineer firm to perform records, which they are a part.

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Therefore, the Inspector General, DoD is assistance in resolving problems. RETENTION AND DISPOSAL: proposing to exempt the system of Records contain representative’s name, Records are permanent. Retire to the records CIG–21, entitled, constituent’s name, subject matter, and Washington National Records Center. ‘‘Congressional Correspondence case control number. The records may Transfer to National Archives in two- Tracking System’’ from 5 U.S.C. also contain the constituent’s Social year blocks when most recent record is 552a(j)(2), (k)(1) through (k)(7). Security Number, home address, home 8 years old. DATES: telephone number, or related personal This proposed action is effective SYSTEM MANAGER(S) AND ADDRESS: without further notice on January 8, information provided by the Director, Office of Communications 2004 unless comments are received representative making the inquiry. and Congressional Liaison, Office of the which result in a contrary AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Inspector General of the Department of determination. The Inspector General Act of 1978 Defense, 400 Army Navy Drive, ADDRESSES: Send comments to Office of (Pub. L. 95–452), as amended; DoD Arlington, VA 22202–4704. the Inspector General, Department of Directive 5106.1, Inspector General of NOTIFICATION PROCEDURE: Defense, 400 Army Navy Drive, Room the Department of Defense; OIG Individuals seeking to determine 223, Arlington, VA 22202–4704. Regulation 5545.1, Participation in whether information about themselves FOR FURTHER INFORMATION CONTACT: Mr. Congressional Activities; and E.O. 9397 is contained in this system should Darryl R. Aaron at (703) 604–9785. (SSN). address written inquiries to the Director, SUPPLEMENTARY INFORMATION: The PURPOSE(S): Office of Communications and Inspector General, DoD, systems of Congressional Liaison, Office of the records notices subject to the Privacy To maintain a record of all Congressional inquiries and the OIG, Inspector General of the Department of Act of 1974, (5 U.S.C. 552a), as Defense, 400 Army Navy Drive, amended, have been published in the DoD response, and to conduct the necessary research so as to provide Arlington, VA 22202–4704. Federal Register and are available from Written requests should contain the the address above. information responsive to Congressional inquiries. individual’s full name, all former names The proposed system report, as and alias under which the file may be required by 5 U.S.C. 552a(r) of the ROUTINE USES OF RECORDS MAINTAINED IN THE maintained and signature. Privacy Act of 1974, as amended, was SYSTEM, INCLUDING CATEGORIES OF USERS AND submitted on November 17, 2003, to the THE PURPOSES OF SUCH USES: RECORD ACCESS PROCEDURES: House Committee on Government In addition to those disclosures Individuals seeking access to records Reform, the Senate Committee on generally permitted under 5 U.S.C. 552a about themselves contained in this Governmental Affairs, and the Office of of the Privacy Act, these records or system of records should address Management and Budget (OMB) information contained therein may written requests to the Chief, Freedom pursuant to paragraph 4c of Appendix I specifically be disclosed outside the of Information Act/Privacy Act Office, to OMB Circular No. A–130, ‘‘Federal DoD as a routine use pursuant to 5 400 Army Navy Drive, Arlington, VA Agency Responsibilities for Maintaining U.S.C. 552a(b)(3) as follows: 22202–4704. Records About Individuals,’’ dated The DoD ‘‘Blanket Routine Uses’’ set Written requests should contain the February 8, 1996 (February 20, 1996, 61 forth at the beginning of the OIG individual’s full name, all former names FR 6427). compilation of system of records notices and alias under which the file may be maintained and signature. Dated: November 20 , 2003. also apply to this system. Patricia L. Toppings, CONTESTING RECORD PROCEDURES: POLICIES AND PRACTICES FOR STORING, Alternate OSD Federal Register Liaison RETRIEVING, ACCESSING, RETAINING, AND The OIG’s rules for accessing records Officer, Department of Defense. DISPOSING OF RECORDS IN THE SYSTEM: and for contesting contents and appealing initial agency determinations CIG–21 STORAGE: are published in 32 CFR part 312 or may SYSTEM NAME: Paper and electronic records are be obtained from the system manager. stored in file folders, safes, Congressional Correspondence computerized index listings and RECORD SOURCE CATEGORIES: Tracking System. electronic storage media on local area The files are composed of SYSTEM LOCATION: network. correspondence or memoranda from Members of Congress or their staffs. Office of Communications and RETRIEVABILITY: Congressional Liaison, Office of the Retrieved by constituent’s name, EXEMPTIONS CLAIMED FOR THE SYSTEM: Inspector General of the Department of During the course of processing a Defense, 400 Army Navy Drive, representative’s name, or by case control number(s). Congressional inquiry, exempt materials Arlington, VA 22202–4704. from other systems of records may in SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE turn become part of the case records in SYSTEM: Records are secured in a locked or this system. To the extent that copies of Any individual who contacts a guarded building and locked cabinets exempt records from those ‘‘other’’ member of Congress requesting that the during non-duty hours. Paper records systems of records are entered into this member solicit information from the are stored in file cabinets located in an system of records, the Office of the Office of the Inspector General of the office suite, accessible only to OIG DoD Inspector General, DoD hereby claims Department of Defense (OIG DoD) on personnel who must use the records to the same exemptions for the records their behalf. perform their duties. from those ‘‘other’’ systems that are Computer systems in which records entered into this system, as claimed for CATEGORIES OF RECORDS IN THE SYSTEM: reside are protected through the use of the original primary systems of records Correspondence and related records assigned user identification(s) and which they are a part. from and to members of Congress multiple levels of passwords restricting An exemption rule for this system has pertaining to requests for congressional access. been promulgated in accordance with

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requirements of 5 U.S.C. 553 (b) (1), (2), SYSTEM LOCATION: or information contained therein may and (3), (c) and (e) and published in 32 Law Enforcement and specifically be disclosed outside the CFR part 312. For additional Counterintelligence Center, Joint Task DoD as a routine use pursuant to 5 information contact the system manager. Force—Computer Network Operations, U.S.C. 552a(b)(3) as follows: [FR Doc. 03–30397 Filed 12–8–03; 8:45 am] 701 South Courthouse Road, Arlington, To the Central Intelligence Agency, BILLING CODE 5001–06–P VA 22204–2164. the Federal Bureau of Investigation, and other counterintelligence/intelligence CATEGORIES OF INDIVIDUALS COVERED BY THE agencies in matters pertaining to hostile SYSTEM: DEPARTMENT OF DEFENSE intelligence and terrorist activities Active duty, retired or former military directed against the U.S., its Department of the Air Force personnel; current, retired and former installations, or personnel. civilian employees; dependents of To Department of Justice officials to Privacy Act of 1974; System of military personnel; and other determine if judicial or administrative Records Department of Defense employees and action is warranted. contractors, both current and former; AGENCY: To the U.S. Immigration and Department of the Air Force, United States citizens in the United DoD. Naturalization Service in criminal States and abroad; legal aliens; and matters, or matters pertaining to hostile ACTION: Notice to add a system of foreign nationals residing in the U.S. records. intelligence and terrorist activities and abroad, who are suspected of directed against the U.S., its allies, its SUMMARY: The Department of the Air violating some law, regulation or installations, or personnel. Force is proposing to add a system of directive related to computer network To defense and trial counsels for use records notice to its inventory of records crimes. in judicial and administrative actions. systems subject to the Privacy Act of CATEGORIES OF RECORDS IN THE SYSTEM: To the U.S. Secret Service in conjunction with the protection of the 1974 (5 U.S.C. 552a), as amended. The Reports of investigation, statements of President, Vice President, and other proposed system of records will be individuals, correspondence, and other designated high-ranking officials. exempt to increase its value for law informational material pertaining to To the Department of State and U.S. enforcement purposes. specific law enforcement and embassies overseas to provide criminal DATES: The actions will be effective on counterintelligence investigations of information affecting U.S. diplomatic January 8, 2004 unless comments are alleged violations of laws, regulations or relations with foreign nations. received that would result in a contrary directives related to computer network To foreign law enforcement agencies determination. crimes. Name(s) or aliases of the subject, where information sharing agreements ADDRESSES: Send comments to the Air group affiliation (if any), civilian or exist in criminal matters, or matters Force FOIA/Privacy Manager, AF–CIO/ military status, trusted status, and pertaining to hostile intelligence and P, 1155 Air Force Pentagon, whether or not the individual is a terrorist activities directed against the Washington, DC 20330–1155. juvenile. U.S., its allies, its installations, or FOR FURTHER INFORMATION CONTACT: Mrs. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: personnel. Anne P. Rollins at (703) 601–4043. 10 U.S.C. 8013, Secretary of the Air The DoD ‘Blanket Routine Uses’ SUPPLEMENTARY INFORMATION: The Force; E.O. 10450, Security published at the beginning of the Air Department of the Air Force’s record Requirements for Government Force’s compilation of systems of system notices for records systems Employment; The Inspector General Act records notices apply to this system. subject to the Privacy Act of 1974 (5 of 1978 (Pub. L. 95–452), as amended, POLICIES AND PRACTICES FOR STORING, U.S.C. 552a), as amended, have been and DoD Directive 5106.1 (32 CFR part published in the Federal Register and RETRIEVING, ACCESSING, RETAINING, AND 376); E.O. 13213, Critical Infrastructure DISPOSING OF RECORDS IN THE SYSTEM: are available from the address above. Protection in the Information Age; DoD The proposed system report, as STORAGE: Instruction O–8530.2 Support to required by 5 U.S.C. 522a(r) of the Computer Network Defense; DoD Maintained on computers and Privacy Act of 1974, as amended, was Directive 5240.2, DoD computer output products. submitted on November 17, 2003, to the Counterintelligence; DoD Directive House Committee on Government RETRIEVABILITY: 5200.27, Acquisition of Information Reform, the Senate Committee on Records are retrieved by name or Concerning Persons and Organizations Governmental Affairs, and the Office of alias, group affiliation (if any), not Affiliated with the Department of Management and Budget (OMB) organization and case number, and/or Defense. pursuant to paragraph 4c of Appendix I ‘‘key-word’’ searches based on case to OMB Circular No. A–130, ‘Federal PURPOSE(S): information. Agency Responsibilities for Maintaining To identify and assist in prevention SAFEGUARDS: Records About Individuals,’ dated and control of computer network crime Records are accessed by custodian of February 8, 1996 (February 20, 1996, 61 and related computer network activity the record system and by person(s) FR 6427). within DoD; aid in attribution of responsible for servicing the record criminal activity; and assist in the Dated: November 20, 2003. system in performance of their official development of DoD’s network Patricia L. Toppings, duties who are properly screened and defensive posture. Alternate OSD Federal Register Liaison cleared for need-to-know. Records are Officer, Department of Defense. ROUTINE USES OF RECORDS MAINTAINED IN THE stored in an approved automation F071 JTF A SYSTEM, INCLUDING CATEGORIES OF USERS AND system, with ‘‘password’’ protection. THE PURPOSES OF SUCH USES: Records are controlled by personnel SYSTEM NAME: In addition to those disclosures screening and are located in an office Computer Network Crime Case generally permitted under 5 U.S.C. environment protected by a security System. 552a(b) of the Privacy Act, these records alarm system.

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RETENTION AND DISPOSAL: United States of America that the foregoing would otherwise be entitled by Federal Records are reviewed annually for is true and correct. Executed on (date). law or for which he would otherwise be retention or disposal and are destroyed/ (Signature). eligible, as a result of the maintenance deleted when no longer needed, unless If executed within the United States, its of the information, the individual will territories, possessions, or commonwealths: I the record has been identified as a declare (or certify, verify, or state) under be provided access to the information matter of permanent record with penalty of perjury that the foregoing is true exempt to the extent that disclosure historical value. Permanent records are and correct. Executed on (date). (Signature). would reveal the identify of a retained until eligible for transfer to the confidential source. NOTE: When National Archives and Records CONTESTING RECORD PROCEDURES: claimed, this exemption allows limited Administration. Records identified for The Air Force rules for accessing protection of investigative reports disposal are destroyed by erasing, records, and for contesting and maintained in a system of records used deleting, degaussing, or over-writing the appealing initial agency determinations in personnel or administrative actions. database; hard copy residue is destroyed are published in Air Force Instruction An exemption rule for this system has by shredding, pulping, macerating, or 37–132; 32 CFR part 806b; or may be been promulgated in accordance with burning. obtained from the system manager. requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) published in 32 CFR RECORD SOURCE CATEGORIES: SYSTEM MANAGER(S) AND ADDRESS: part 806b. For additional information Law Enforcement and From DoD and Military Department contact the system manager. Counterintelligence Center Records records; Federal Agency records; foreign Manager, Law Enforcement and law enforcement agencies, security, [FR Doc. 03–30399 Filed 12–8–03; 8:45 am] Counterintelligence Center, Joint Task intelligence, investigatory, or BILLING CODE 5001–06–P Force—Computer Network Operations, administrative authorities; state, county, 701 South Courthouse Road, Arlington, and municipal records; employment VA, 22204–2164. records of public schools, colleges, DEPARTMENT OF DEFENSE universities, technical and trade Department of the Air Force NOTIFICATION PROCEDURE: schools; hospital records; real estate Individuals seeking to determine agencies; credit bureaus; financial whether this system of records contains Privacy Act of 1974; System of institutions which maintain credit Records information on themselves should information on individuals such as loan address inquiries to the Law and mortgage companies, credit unions, AGENCY: Department of the Air Force, Enforcement Counterintelligence Center banks, etc.; transportation companies DoD. Records Manager, Law Enforcement and (airlines, railroad, etc.); other private ACTION: Notice to amend systems of Counterintelligence Center, Joint Task records sources deemed necessary in records. Force—Computer Network Operations, order to complete an investigation; 701 South Courthouse Road, Arlington, miscellaneous records such as: SUMMARY: The Department of the Air VA 22204–2164. telephone directories, city directories; Force is amending a system of records The requester must provide a Who’s Who in America; Who’s Who in notice in its existing inventory of record notarized statement or an unsworn Commerce and Industry; Who Knows systems subject to the Privacy Act of declaration made in accordance with 28 What, a listing of experts in various 1974, (5 U.S.C. 552a), as amended. U.S.C. 1746, in the following format: fields; American Medical Directory; DATES: This proposed action will be If executed without the United States: I Martindale-Hubbell Law Directory; U.S. effective without further notice on declare (or certify, verify, or state) under Postal Guide; Insurance Directory; Dunn January 8, 2004 unless comments are penalty of perjury under the laws of the and Bradstreet; and the U.S. Navy received which result in a contrary United States of America that the foregoing BIDEX (Biographical Index); any other determination. is true and correct. Executed on (date). type of miscellaneous records deemed (Signature). ADDRESSES: Send comments to the Air If executed within the United States, its necessary to complete the investigation Force Privacy Act Manager, Office of the territories, possessions, or commonwealths: I or inquiry; the interview of individuals Chief Information Officer, AF–CIO/P, declare (or certify, verify, or state) under who have knowledge of the subject’s 1155 Air Force Pentagon, Washington, penalty of perjury that the foregoing is true background and activities; the interview DC 20330–1155. and correct. Executed on (date). (Signature). of witnesses, victims, confidential FOR FURTHER INFORMATION CONTACT: Mrs. sources, and or other individuals RECORD ACCESS PROCEDURES: Anne Rollins at (703) 601–4043. deemed necessary to complete the Individuals seeking to access records investigation. SUPPLEMENTARY INFORMATION: The about themselves contained in this Department of the Air Force systems of system should address requests to the EXEMPTIONS CLAIMED FOR THE SYSTEM: records notices subject to the Privacy Law Enforcement and Parts of this system may be exempt Act of 1974, (5 U.S.C. 552a), as Counterintelligence Center Records pursuant to 5 U.S.C. 552a(j)(2) if the amended, have been published in the Manager, Law Enforcement and information is compiled and maintained Federal Register and are available from Counterintelligence Center, Joint Task by a component of the agency that the address above. Force—Computer Network Operations, performs as its principle function any The specific changes to the records 701 South Courthouse Road, Arlington, activity pertaining to the enforcement of systems being amended are set forth VA 22204–2164. criminal laws. below followed by the notices, as The requester must provide a Investigatory material compiled for amended, published in their entirety. notarized statement or an unsworn law enforcement purposes, other than The proposed amendments are not declaration made in accordance with 28 material within the scope of subsection within the purview of subsection (r) of U.S.C. 1746, in the following format: 5 U.S.C. 552a(j)(2), may be exempt the Privacy Act of 1974, (5 U.S.C. 552a), If executed without the United States: I pursuant to 5 U.S.C. 552a(k)(2). as amended, which requires the declare (or certify, verify, or state) under However, if an individual is denied any submission of a new or altered system penalty of perjury under the laws of the right, privilege, or benefit for which he report.

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Dated: November 20, 2003. CATEGORIES OF RECORDS IN THE SYSTEM: performance of their official duties Patricia L. Toppings, Inpatient, outpatient, and ambulatory relating to the adjudication of veterans Alternate OSD Federal Register Liaison procedure visit (APV) records of care claims and in providing medical care to Officer, Department of Defense. received in Air Force medical facilities. members of the Air Force. Documentation includes, but is not (2) Officials and employees of other F044 AF SG E limited to, patient’s medical history; departments and agencies of the SYSTEM NAME: physical examination; treatment Executive Branch of government upon received; supporting documentation request in the performance of their Medical Record System (August 29, such as laboratory and x-ray reports; official duties relating to review of the 2003, 68 FR 51998). cover sheets and summaries of official qualifications and medical CHANGES: hospitalization; diagnoses; procedures history of applicants and employees or surgery performed; administrative * * * * * who are covered by this record system forms which concern medical and for the conduct of research studies. RETENTION AND DISPOSAL: conditions such as Line of Duty (3) Private organizations (including Determinations; physical profiles, and educational institutions) and Delete entry and replace with ‘While medical recommendations for flying on active duty, the Health Record of a individuals for authorized health duty. Secondary files are maintained research in the interest of the Federal U.S. military member is maintained at such as patient registers, nominal the medical unit at which the person government and the public. When not indices, x-ray and laboratory files, considered mandatory, patient receives treatment. On separation or indices and registers. retirement, records are forwarded to the identification data shall be eliminated Department of Veterans Affairs, Records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: from records used for research studies. Management Center in St. Louis, MO or 10 U.S.C. 55, Medical and Dental (4) Officials and employees of the to the appropriate Veterans Affairs Care; 10 U.S.C. 8013, Secretary of the National Research Council in Regional Office if a Veterans Affairs Air Force; and E.O. 9397 (SSN). cooperative studies of the National claim has been filed. Records of non- History of Disease; of prognosis and of PURPOSE(S): active duty personnel may be hand epidemiology. Each study in which the carried or mailed to the next military Used to document, plan, and records of members and former medical facility at which treatment will coordinate the health care of patients; members of the Air Force are used must be received or the records are retained aid in preventative health and be approved by the Surgeon General of at the treating facility until 2 years after communicable disease control the Air Force. the end of the calendar year of the last programs; determine eligibility and (5) Officials and employees of local date of treatment and then retired to the suitability for benefits for various and state governments and agencies in programs; adjudicate claims; evaluate National Personnel Record Center the performance of their official duties care rendered; teach, compile statistical (NPRC) or other designated depository, pursuant to the laws and regulations data, and conduct research. such as, but not limited to, Medical governing local control of Director, American Red Cross, ROUTINE USES OF RECORDS MAINTAINED IN THE communicable diseases, preventive Washington, DC 20006 for Red Cross SYSTEM, INCLUDING CATEGORIES OF USERS AND medicine and safety programs, child personnel. At NPRC all inpatient, THE PURPOSES OF SUCH USES: abuse and other public health and outpatient, and APV records are In addition to those disclosures welfare programs. retained for 50 years after date of last generally permitted under 5 U.S.C. (6) Authorized surveying bodies for document. In addition, military records 552a(b) of the Privacy Act, these records professional certification and sent to the DVA after 1 May 1994 are or information contained therein may accreditations. maintained for 50 years after date of last specifically be disclosed outside the (7) The individual’s organization or document.’ DoD as a routine use pursuant to 5 government agency as necessary when * * * * * U.S.C. 552a(b)(3) as follows: required by Federal statute, E.O., or by Information from the inpatient, treaty. F044 AF SG E outpatient, or APV medical records of The DoD ‘‘Blanket Routine Uses’’ retirees and dependents may be SYSTEM NAME: published at the beginning of the Air disclosed to third party payers in Force’s compilation of record system Medical Record System. accordance with 10 U.S.C. 1095 as notices apply to this system, except as amended by Public Law 99–272, for the stipulated in ‘‘Note’’ below. SYSTEM LOCATION: purpose of collecting reasonable Headquarters, United States Air inpatient/outpatient/APV hospital care Note: Records of identity, diagnosis, prognosis or treatment of any client/patient, Force, Surgeon General (HQ USAF/SG), costs incurred on behalf of retirees or irrespective of whether or when he/she medical centers, hospitals and clinics, dependents. Records are used and ceases to be a client/patient, maintained in medical aid stations, National Personnel reviewed by health care providers in the connection with the performance of any Record Centers, Air National Guard performance of their duties. Health care alcohol/drug abuse treatment function activities, and Air Force Reserve units. providers include military and civilian conducted, requested, or directly or Official mailing addresses are published providers assigned to the medical indirectly assisted by any department or as an appendix to the Air Force facility where care is being provided. agency of the United States, shall, except as compilation of systems notices. Students participating in a training provided herein, be confidential and be affiliation program with a USAF disclosed only for the purposes and under the circumstances expressly authorized in 42 CATEGORIES OF INDIVIDUALS COVERED BY THE medical facility may also use and SYSTEM: U.S.C. 290dd–2. These statutes take review records as part of their training precedence over the Privacy Act of 1974 in Persons treated in an Air Force program. In addition, records may be regard to accessibility of such records except medical facility and active duty disclosed to: to the individual to whom the record members for whom primary care is (1) Officials and employees of the pertains. The DoD ‘‘Blanket Routine Uses’’ do provided. Department of Veterans Affairs in the not apply to these types of records.

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Note: This system of records contains SYSTEM MANAGER(S) AND ADDRESS: ACTION: Notice to alter systems of individually identifiable health information. The Surgeon General, Headquarters records. The DoD Health Information Privacy United States Air Force. Regulation (DoD 6025.18–R) issued pursuant Chief of Air Force Reserve, SUMMARY: The Department of the Air to the Health Insurance Portability and Headquarters United States Air Force. Force is proposing to alter an existing Accountability Act of 1996, applies to most Director of Air National Guard, system of records notice in its inventory such health information. DoD 6025.18–R may Headquarters United States Air Force. of records systems subject to the Privacy place additional procedural requirements on Act of 1974 (5 U.S.C. 552a), as amended. the uses and disclosures of such information Commanders of medical centers, beyond those found in the Privacy Act of hospitals, clinics, medical aid stations; The alteration consists of adding a new 1974 or mentioned in this system of records Commander, Air Force Personnel category of individuals covered, i.e., notice. Center. Official mailing addresses are non-maintenance organizations may use published as an appendix to the Air CAMS to maintain personnel and POLICIES AND PRACTICES FOR STORING, Force’s compilation of system notices. training data relating to their RETRIEVING, ACCESSING, RETAINING, AND individuals. NOTIFICATION PROCEDURE: DISPOSING OF RECORDS IN THE SYSTEM: Individuals seeking to determine DATES: The actions will be effective on STORAGE: whether this system of records contain January 8, 2004 unless comments are Maintained in paper and machine- information about themselves should received that would result in a contrary readable form. address inquiries to or visit the system determination. manager. Official mailing addresses are ADDRESSES: Send comments to the Air RETRIEVABILITY: published as an appendix to the Air Force FOIA/Privacy Manager, AF–CIO/ By name, Social Security Number, or Force’s compilation of record systems P, 1155 Air Force Pentagon, by Military Service Number. notices. Washington, DC 20330–1155. FOR FURTHER INFORMATION CONTACT: Mrs. SAFEGUARDS: RECORD ACCESS PROCEDURES: Anne P. Rollins at (703) 601–4043. Records are accessed by commanders Individuals seeking access to records SUPPLEMENTARY INFORMATION: The of medical centers, hospitals, and about themselves contained in this Department of the Air Force’s record clinics; by custodian of the record system should address requests to the system notices for records systems system, and by person(s) responsible for system manager. Official mailing subject to the Privacy Act of 1974 (5 servicing the record system in addresses are published as an appendix U.S.C. 552a), as amended, have been performance of their official duties and to the Air Force’s compilation of published in the Federal Register and by authorized personnel who are systems notices. are available from the address above. properly screened and cleared for need- Requester must submit full name; The proposed system report, as to-know. Records are stored in locked Social Security Number (or Military required by 5 U.S.C. 522a(r) of the rooms and cabinets, and access to Service Number) through whom Privacy Act of 1974, as amended, was automated records is controlled and eligibility for care is established; date (at submitted on November 17, 2003, to the limited. least year) treatment was provided; House Committee on Government name of facility providing treatment, Reform, the Senate Committee on RETENTION AND DISPOSAL: and whether treatment was as inpatient Governmental Affairs, and the Office of While on active duty, the Health or outpatient. Management and Budget (OMB) Record of a U.S. military member is CONTESTING RECORD PROCEDURES: pursuant to paragraph 4c of Appendix I maintained at the medical unit at which The Air Force rules for accessing to OMB Circular No. A–130, ‘‘Federal the person receives treatment. On records, and for contesting contents and Agency Responsibilities for Maintaining separation or retirement, records are appealing initial agency determinations Records About Individuals,’’ dated forwarded to the Department of are published in Air Force Instruction February 8, 1996 (February 20, 1996, 61 Veterans Affairs, Records Management 37–132; 32 CFR part 1806b; or may be FR 6427). Center in St. Louis, MO or to the obtained from the system manager. Dated: November 20, 2003. appropriate Veterans Affairs Regional Patricia L. Toppings, Office if a Veterans Affairs claim has RECORD SOURCE CATEGORIES: been filed. Records of non-active duty Physicians and other patient care Alternate OSD Federal Register Liaison Officer, Department of Defense. personnel may be hand carried or providers such as nurses, dietitians, and mailed to the next military medical physicians assistants. Administrative F021 AF IL A facility at which treatment will be forms are completed by appropriate received or the records are retained at military or civilian officials. SYSTEM NAME: the treating facility until 2 years after Core Automated Maintenance System EXEMPTIONS CLAIMED FOR THE SYSTEM: the end of the calendar year of the last (CAMS) (June 11, 1997, 62 FR 31793). None. date of treatment and then retired to the CHANGES: National Personnel Record Center [FR Doc. 03–30401 Filed 12–8–03; 8:45 am] * * * * * (NPRC) or other designated depository, BILLING CODE 5001–06–U such as, but not limited to, Medical CATEGORIES OF INDIVIDUALS COVERED BY THE Director, American Red Cross, SYSTEM: Washington, DC 20006 for Red Cross DEPARTMENT OF DEFENSE Delete entry and replace with personnel. At NPRC all inpatient, ‘Individuals assigned to installations outpatient, and APV records are Department of the Air Force that maintain aircraft, missiles, retained for 50 years after date of last Privacy Act of 1974; System of communications-electronics and document. In addition, military records Records associated equipment. Non-maintenance sent to the DVA after 1 May 1994 are organizations may use CAMS to maintained for 50 years after date of last AGENCY: Department of the Air Force, maintain personnel and training data document. DoD. relating to their individuals.’

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CATEGORIES OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE charge of documentation or files Delete entry and replace with SYSTEM, INCLUDING CATEGORIES OF USERS AND maintenance section at each unit ‘Personnel records related to an THE PURPOSES OF SUCH USES: utilizing CAMS or the Host Database individual’s on-the-job training In addition to those disclosures Manager. Official mailing addresses are certification, qualifications, and generally permitted under 5 U.S.C. published as an appendix to the Air training.’ 552a(b) of the Privacy Act, these Force’s compilation of systems of * * * * * records, or information contained records notices. therein, may specifically be disclosed PURPOSE(S): outside the DOD as a routine use CONTESTING RECORD PROCEDURES: Delete entry and replace with ‘Used to pursuant to 5 U.S.C. 552a(b)(3) as The Air Force rules for accessing establish and maintain personnel data follows: records and for contesting contents and and on-the-job training records.’ The DoD ‘Blanket Routine Uses’ appealing initial agency determinations are published in Air Force Instruction * * * * * published at the beginning of the Air Force’s compilation of systems of 37–132; 32 CFR part 806b; or may be STORAGE: records notices apply to this system. obtained from the system manager.

Add to entry ‘and computer output POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: products.’ RETRIEVING, ACCESSING, RETAINING, AND Information obtained from automated DISPOSING OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: system interfaces and source documents Delete entry and replace with STORAGE: such as reports. ‘Maintained until superseded, obsolete, Maintained on disks or tapes and EXEMPTIONS CLAIMED FOR THE SYSTEM: computer output products. or no longer needed. Destroy paper None. records by tearing, pulping, burning, RETRIEVABILITY: [FR Doc. 03–30402 Filed 12–8–03; 8:45 am] shredding, or macerating. Destroy computer records by overwriting or Retrieved by name, man number, or BILLING CODE 5001–06–U degaussing.’ Social Security Number. * * * * * SAFEGUARDS: DEPARTMENT OF DEFENSE F021 AF IL A Records are accessed by person(s) responsible for servicing the record Defense Logistics Agency SYSTEM NAME: system in performance of their official duties. Records are controlled by Privacy Act of 1974; Systems of Core Automated Maintenance System Records (CAMS). computer system software. AGENCY: RETENTION AND DISPOSAL: Defense Logistics Agency, SYSTEM LOCATION: DOD. All Air Force installations utilizing Maintained until superseded, obsolete, or no longer needed. Destroy ACTION: Notice to delete a system of the Core Automated Maintenance records. System (CAMS). Official mailing paper records by tearing, pulping, addresses are published as an appendix burning, shredding, or macerating. SUMMARY: The Defense Logistics Agency to the Air Force’s compilation of record Destroy computer records by proposes to delete a system of records systems notices. overwriting or degaussing. notice from its inventory of record systems subject to the Privacy Act of CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM MANAGER(S) AND ADDRESS: 1974 (5 U.S.C. 552a), as amended. SYSTEM: Chief, Maintenance Data Systems Individuals assigned to installations Analysis Section; individuals in charge DATES: This action will be effective that maintain aircraft, missiles, of documentation or files maintenance without further notice on January 8, communications-electronics and section at each unit utilizing CAMS or 2004, unless comments are received that associated equipment. Non-maintenance the Host Database Manager. Official would result in a contrary organizations may use CAMS to mailing addresses are published as an determination. maintain personnel and training data appendix to the Air Force’s compilation ADDRESSES: Send comments to the relating to their individuals. of systems of records notices. Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DSS– NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: B, 8725 John J. Kingman Road, Suite Personnel records related to an Individuals seeking to determine 2533, Fort Belvior, VA 22060–6221. whether information about themselves individual’s on-the-job training FOR FURTHER INFORMATION CONTACT: is contained in this system should Ms. certification, qualifications, and Susan Salus at (703) 767–6183. training. address written inquiries to or visit the individuals in charge of documentation SUPPLEMENTARY INFORMATION: The AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or files maintenance section at each unit Defense Logistics Agency notices for 10 U.S.C. 8013, Secretary of the Air utilizing CAMS or the Host Database systems of records subject to the Privacy Force; Air Force Instruction 21–101, Manager. Official mailing addresses are Act of 1974 (5 U.S.C. 552a), as amended, Aerospace Equipment Maintenance published as an appendix to the Air have been published in the Federal Management; Air Force Instruction Force’s compilation of systems of Register and are available from the 36–2232, Maintenance Training, and records notices. address above. E.O. 9397 (SSN). The Defense Logistics Agency RECORD ACCESS PROCEDURES: proposes to delete a system of records PURPOSE(S): Individuals seeking access to notice from its inventory of record Used to establish and maintain information about themselves contained systems subject to the Privacy Act of personnel data and on-the-job training in this system should address written 1974 (5 U.S.C. 552a), as amended. The records. inquiries to or visit the individuals in deletion is not within the purview of

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subsection (r) of the Privacy Act of 1974 The proposed system report, as work in certain categories of explosives (5 U.S.C. 552a), as amended, which required by 5 U.S.C. 552a(r) of the operations. requires the submission of a new or Privacy Act, was submitted on To ensure all individuals performing altered system report. November 17, 2003, to the House explosives inspections can validate an Dated: November 20, 2003. Committee on Government Reform, the individual’s qualifications to perform a Patricia L. Toppings, Senate Committee on Governmental certain task.’ Affairs, and the Office of Management Alternate OSD Federal Register Liaison * * * * * Officer, Department of Defense. and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB STORAGE: S257.10 DLA–G Circular No. A–130, ‘Federal Agency Delete entry and replace ‘Paper and Responsibilities for Maintaining electronic media.’ SYSTEM NAME: Records About Individuals,’ dated RETRIEVABILITY: Standards of Conduct (February 22, February 8, 1996, (61 FR 6427, February 1993, 58 FR 10854). 20, 1996). Delete entry and replace with ‘Name and/or Social Security Number.’ REASON: Dated: November 20, 2003. This system is a duplicate of the Patricia L. Toppings, SAFEGUARDS: Office of Government Ethics Alternate OSD Federal Register Liaison Delete entry and replace with government-wide systems of records, Officer, Department of Defense. ‘Documents are marked ‘FOR OFFICIAL i.e., OGE/GOVT–1, Executive Branch USE ONLY—PRIVACY SENSITIVE’ and N01070–6 Personnel Public Financial Disclosure are only distributed to those persons Reports and Other Name-Retrieved SYSTEM NAME: having an official need to know. Ethics Program Records and OGE/ Employee Explosives Certification Computerized records are password GOVT–2, Executive Branch Confidential Program (February 22, 1993, 58 FR protected and only accessible by those Financial Disclosure Reports. Therefore, 10698). persons with an official need to know.’ the DLA notice is being deleted. RETENTION AND DISPOSAL: [FR Doc. 03–30404 Filed 12–8–03; 8:45 am] CHANGES: Delete entry and replace with ‘Retain BILLING CODE 5001–06–M SYSTEM IDENTIFIER: on board and destroy three years after Delete entry and replace with an employee terminates or is no longer DEPARTMENT OF DEFENSE ‘NM01543–1’. involved in explosives processes.’ SYSTEM NAME: * * * * * Department of the Navy Delete entry and replace with RECORD SOURCE CATEGORIES: Privacy Act of 1974; System of ‘Explosives Handling Qualification/ Delete entry and replace with Records Certification Program’. ‘Individual, personnel files, physician, * * * * * AGENCY: Department of the Navy, DoD. and supervisor.’ ACTION: Notice to alter a system of CATEGORIES OF INDIVIDUALS COVERED BY THE * * * * * SYSTEM: records. NM01543–1 Delete entry and replace with ‘Navy, SUMMARY: The Department of the Navy Marine Corps, civilian and contractor SYSTEM NAME: is proposing to alter a system of records personnel involved in the process or Explosives Handling Qualification/ notice in its existing inventory of evolution of explosives operations.’ Certification Program. records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM LOCATION: amended. The alteration expands the Delete entry and replace with Organization elements of the records being maintained, and adds a ‘Training records contain copies of the Department of the Navy. Official new purpose for collecting the records. individual’s state driver’s license, Social mailing addresses are published in the DATES: This proposed action will be Security Number, date of birth, home Standard Navy Distribution List that is effective without further notice on and office addresses, medical certificate available at http:// January 8, 2004, unless comments are stating that an individual has passed an www.neds.nebt.daps.mil/sndl. received which result in a contrary exam by a doctor and is authorized to determination. handle explosives, forklift/government CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: ADDRESSES: Send comments to driver’s license, date of exam and Navy, Marine Corps, civilian and Department of the Navy, PA/FOIA expiration date.’ contractor personnel involved in the Policy Branch, Chief of Naval AUTHORITY FOR MAINTENANCE OF THE SYSTEM: process or evolution of explosives Operations, N09B10, 2000 Navy Delete entry and replace with ‘10 operations. Pentagon, Washington, DC 20350–2000. U.S.C. 5013, Departmental Regulations; FOR FURTHER INFORMATION CONTACT: Mrs. 10 U.S.C. 5041, Headquarters, Marine CATEGORIES OF RECORDS IN THE SYSTEM: Doris Lama at (202) 685–6545 or DSN Corps; OPNAVINST 8020.14/MCO Training records contain copies of the 325–6545. P8020.11, Department of the Navy individual’s state driver’s license, Social SUPPLEMENTARY INFORMATION: The Explosives Safety Program; and E.O. Security Number, date of birth, home Department of the Navy’s record system 9397 (SSN).’ and office addresses, medical certificate notices for records systems subject to stating that an individual has passed an the Privacy Act of 1974 (5 U.S.C. 552a), PURPOSE(S): exam by a doctor and is authorized to as amended, have been published in the Delete entry and replace with ‘To handle explosives, forklift/government Federal Register and are available from record the names and training of all driver’s license, date of exam and the address above. employees and their qualifications to expiration date.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NOTIFICATION PROCEDURE: eligibility requirements. Similarly, 10 U.S.C. 5013, Departmental Individuals seeking to determine institutions of higher education are Regulations; 10 U.S.C. 5041, whether information about themselves eligible to apply for grants under the Headquarters, Marine Corps; is contained in this system should HSI Program, authorized under Title V OPNAVINST 8020.14/MCO P8020.11, address written inquiries to the of the HEA, if they meet specific Department of the Navy Explosives Commanding officer or head of the statutory and regulatory requirements. Safety Program; and E.O. 9397 (SSN). organization in question. Individuals In addition, an institution that is may inspect personnel certifying designated as an eligible institution PURPOSE(S): documents at local activity to which under those programs may also receive To record the names and training of individual assigned. Official mailing a waiver of certain non-Federal share all employees and their qualifications to addresses are published in the Standard requirements under the Federal work in certain categories of explosives Navy Distribution List that is available Supplemental Educational Opportunity operations. at http://www.neds.nebt.daps.mil/sndl. Grant (FSEOG), the Federal Work Study To ensure all individuals performing (FWS), the Student Support Services explosives inspections can validate an RECORD ACCESS PROCEDURES: (SSS) and the Undergraduate individual’s qualifications to perform a Individuals seeking access to International Studies and Foreign certain task. information about themselves contained Language (UISFL) Programs. The Routine uses of records maintained in in this system should address written FSEOG, FWS and SSS Programs are the system, including categories of users inquiries to the Commanding officer or authorized under Title IV of the HEA; and the purposes of such uses: head of the organization in question. the UISFL Program is authorized under In addition to those disclosures Individuals may inspect personnel Title VI of the HEA. generally permitted under 5 U.S.C. certifying documents at local activity to Qualified institutions may receive 552a(b) of the Privacy Act, these records which individual assigned. Official these waivers even if they are not or information contained therein may mailing addresses are published in the recipients of grant funds under the Title specifically be disclosed outside the Standard Navy Distribution List that is III Part A Programs or Title V Program. DoD as a routine use pursuant to 5 available at http://neds.nebt.daps.mil/ Special Note: To become eligible, U.S.C. 552a(b)(3) as follows: sndl. your institution must satisfy several The DoD ‘Blanket Routine Uses’ that CONTESTING RECORD PROCEDURES: criteria, including one related to needy appear at the beginning of the Navy’s The Department of the Navy’s rules student enrollment and one related to compilation of systems of records for accessing records, and for contesting average Educational and General (E&G) notices apply to this system. contents and appealing initial agency expenditures for a particular base year. Policies and practices for storing, determinations are published in Because we changed the collection retrieving, accessing, retaining, and Secretary of the Navy Instruction processes for determining the thresholds disposing of records in the system: 5211.5; 32 CFR part 701; or may be for these two criteria, we do not have STORAGE: obtained from the system manager. base year data beyond 2000–2001. In Paper and electronic media. order to award FY 2004 grants in a RECORD SOURCE CATEGORIES: timely manner, we will use threshold RETRIEVABILITY: Individual, personnel files, physician, data from the base year 2000–2001 Name and/or Social Security Number. and supervisor. rather than a later base year. In completing your eligibility application, EXEMPTIONS CLAIMED FOR THE SYSTEM: SAFEGUARDS: please use data from the base year 2000– None. Documents are marked ‘FOR 2001. [FR Doc. 03–30403 Filed 12–8–03; 8:45 am] OFFICIAL USE ONLY—PRIVACY Eligible Applicants: To qualify as an SENSITIVE’ and are only distributed to BILLING CODE 5001–06–P eligible institution under the Title III, those persons having an official need to Part A Programs or the Title V Program, know. Computerized records are an accredited institution must, among password protected and only accessible DEPARTMENT OF EDUCATION other requirements, have an enrollment by those persons with an official need [CFDA NO. 84.031H] of needy students, and its average E&G to know. expenditures per full-time equivalent Office of Postsecondary Education; (FTE) undergraduate student must be RETENTION AND DISPOSAL: Strengthening Institutions (SIP), low in comparison with the average Retain on board and destroy three American Indian Tribally Controlled E&G expenditures per FTE years after an employee terminates or is Colleges and Universities (TCCU), undergraduate student of institutions no longer involved in explosives Alaska Native and Native Hawaiian- that offer similar instruction. To be an processes. Serving Institutions (ANNH) and eligible Hispanic-Serving Institution, an SYSTEM MANAGER(S) AND ADDRESS: Developing Hispanic-Serving institution must— Institutions (HSI) Programs; Notice (1) Be accredited or preaccredited by Policy Official: Commanding Officer, Inviting Applications for Designation Naval Ordnance Safety and Security a nationally recognized accrediting as Eligible Institutions for Fiscal Year agency or association that the Secretary Activity, 23 Strauss Avenue, Farragut (FY) 2004 Hall, Building D–323, Indian Head, MD has determined to be a reliable authority 20640–5035. Purpose of Programs: Under the SIP, as to the quality of education or training Record Holder: Commanding officer TCCU, and ANNH Programs, authorized offered; or head of the organization in question. under Part A of Title III of the Higher (2) Be legally authorized by the State Official mailing addresses are published Education Act of 1965, as amended in which it is located to be a junior in the Standard Navy Distribution List (HEA), institutions of higher education college or to provide an educational that is available at http:// are eligible to apply for grants if they program for which it awards a www.neds.nebt.daps.mil/sndl. meet specific statutory and regulatory bachelor’s degree;

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(3) Have an enrollment of needy site: http://www.ed.gov/legislation/ Educational and General students as described in the Enrollment FedRegister/finrule/1999–4/ Expenditures per Full-Time Equivalent of Needy Students section of this notice; 121599a.html. Student: An institution should compare (4) Have low average educational and Enrollment of Needy Students: Under its 2000–2001 average E&G expenditures general expenditures per full-time 34 CFR 606.3(a) and 607.3(a), an per FTE student to the average E&G equivalent undergraduate student as institution is considered to have an expenditure per FTE student for its described in the Educational and enrollment of needy students if: (1) At category of comparable institutions General Expenditures per Full-Time least 50 percent of its degree students contained in the table in this notice. If Equivalent Student section of this notice received financial assistance under one the institution’s average E&G and the application booklet; or more of the following programs: expenditures for the 2000–2001 base (5) Have, at the time of application, an Federal Pell Grant, FSEOG, FWS, and year are less than the average for its enrollment of undergraduate full-time Federal Perkins Loan Programs; or (2) category of comparable institutions, it equivalent students that is at least 25 the percentage of its undergraduate meets this eligibility requirement. percent Hispanic students; and degree students who were enrolled on at An institution’s average E&G (6) Provide assurances that not less least a half-time basis and received expenditures are the total amount it than 50 percent of its Hispanic students Federal Pell Grants exceeded the expended during the base year for are low-income individuals. median percentage of undergraduate instruction, research, public service, Note: Numbers five and six above are degree students who were enrolled on at academic support, student services, required at the time of submission of the least a half-time basis and received institutional support including library grant application. Federal Pell Grants at comparable expenditures, operation and The complete eligibility requirements institutions that offered similar maintenance, scholarships and for the Title III, Part A Programs are instruction. fellowships, and mandatory transfers. found in 34 CFR 607.2 through 607.5; To qualify under this latter criterion, The following table identifies the the complete eligibility for the HSI an institution’s Federal Pell Grant relevant median Federal Pell Grant Programs are found in 34 CFR 606.2 percentage for base year 2000–2001 percentages and the relevant average through 34 CFR 606.5. These regulations must be more than the median for its E&G expenditures per FTE student for may also be accessed by visiting the category of comparable institutions the base year 2000–2001 for the four following Department of Education Web provided in the table in this notice. categories of comparable institutions:

Median Pell Grant Type of Institution (percentage) Average E&G per FTE

2-year public institutions ...... 19.6 $8,668 2-year non-profit private institutions ...... 32.7 20,483 4-year public institutions ...... 23.5 20,789 4-year non-profit private institutions ...... 23.2 31,579

Waiver Information: Institutions of E&G expenditures requirement must percent of the amount equal to the higher education that are unable to meet include in their application detailed poverty level in the 2000–2001 base the needy student enrollment information supporting the waiver year as established by the U.S. Bureau requirement or the average E&G request, as described in the instructions of the Census, 34 CFR 606.3(c) and expenditures requirement may apply to for completing the application. 607.3(c). the Secretary for waivers of these With respect to the needy student For the purposes of this waiver requirements, as described in 34 CFR requirement waiver, 34 CFR 606.3(b)(2) 606.3(b), 606.4(c) and (d), 607.3(b) and and (3) and 607.3(b)(2) and (3) refer to provision, the following table sets forth 607.4(c) and (d). Institutions requesting ‘‘low-income’’ students and families. the low-income levels for the various a waiver of the needy student The regulations define ‘‘low-income’’ as sizes of families: enrollment requirement or the average an amount which does not exceed 150

2000 ANNUAL LOW-INCOME LEVELS

Contiguous 48 States, Size of family unit the District of Columbia Alaska Hawaii and outlying

1 ...... $12,525 $15,645 $14,385 2 ...... 16,875 21,090 19,395 3 ...... 21,225 26,535 24,405 4 ...... 25,575 31,980 29,415 5 ...... 29,925 37,425 34,425 6 ...... 34,275 42,870 39,435 7 ...... 38,625 48,315 44,445 8 ...... 42,975 53,760 49,455

For family units with more than eight member: $4,350 for the contiguous 48 The figures shown as low-income members, applicants requesting a states, the District of Columbia and levels represent amounts equal to 150 waiver should add the following outlying jurisdictions; $5,445 for percent of the family income levels amount for each additional family Alaska; and $5,010 for Hawaii. established by the U.S. Bureau of the

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Census for determining poverty status. under Request for Designation as an If your institution is unable to The Census levels were published by Eligible Institution be submitted electronically submit your narrative the U.S. Department of Health and electronically at the following Web site: waiver request, print the electronic Human Services in the Federal Register http://webprod.cbmiweb.com/ application form and mail it along with on February 15, 2000 (65 FR 7555– Title3and5/index.html. the waiver request narrative to Mr. 7557). If you are unable to submit an Louis Venuto, Team Leader, The information about ‘‘metropolitan application electronically you may Institutional Development and statistical areas’’ referenced in 34 CFR submit a written request for a waiver of Undergraduate Education Service, U.S. 606.3(b)(4) and 607.3(b)(4) may be the electronic submission requirement. Department of Education, 1990 K Street, obtained by requesting the Metropolitan In the request, you should explain the NW, Room 6071, Request for Eligibility Statistical Areas, 1999, order number reason or reasons that prevent you from Designation, Washington, DC 20202– PB99–501538, from the National using the Internet to submit your 8513. Technical Information Service, application. The request should be Applicable Regulations: (a) The Document Sales, 5285 Port Royal Road, addressed to: Mr. Louis Venuto, U.S. Education Department General Springfield, Virginia 22161, telephone Department of Education, 1990 K Street, Administrative Regulations in 34 CFR number 1–800–553–6847. There is a room 6071, Washington, DC 20202– parts 74, 75, 77, 79, 82, 85, 86, 97, 98, charge for this publication. 8513. Please submit your request no and 99. (b) The regulations for the Title Applications Available: December 5, later than two weeks before the III, Part A Programs in 34 CFR part 607, 2003. application deadline date. and for the Title V Program in 34 CFR Deadline for Transmittal of If, within two weeks of the part 606. Applications: January 20, 2004 for an application deadline date, you are FOR APPLICATIONS AND FURTHER applicant institution that wishes to unable to submit an application INFORMATION CONTACT: Ellen M. Sealey, apply for a FY 2004 new grant under the electronically, you must submit a paper Carlos Reeder or Delores Anistead, Title III, Part A Programs or the Title V application by the application deadline Institutional Development and Program; May 28, 2004 for an institution date in accordance with the transmittal Undergraduate Education Service, U.S. that wishes to apply only for cost- instructions in the application package. Department of Education, 1990 K Street, sharing waivers under the FSEOG, FWS, Room 6049, Request for Eligibility SSS or UISFL Programs; and, January The paper application must include a written request for a waiver Designation, Washington, DC 20202– 20, 2004 for an institution that wishes 8513. Ms. Sealey’s telephone number is to apply for both a grant under the Title documenting the reasons that prevented the applicant from using the Internet to (202) 502–7580. Mr. Reeder’s telephone III, Part A Programs or the Title V number is (202) 502–7592. Mrs. Program and a waiver of the Non- submit the application. To enter the Web site, you must use Anistead’s telephone number is (202) Federal share requirement. 219–7060. Ms. Sealey, Mr. Reeder and Electronic Submission of your institution’s unique 8-digit identifier, i.e., your Office of Mrs. Anistead may be reached via Applications: The Government e-mail at the following addresses: Paperwork Elimination Act (GPEA) of Postsecondary Education Identification Number (OPE ID number). If you receive [email protected], 1998 (Pub. L. 105–277) and the Federal [email protected], and Financial Assistance Management a hard copy of the eligibility application and instructions from us in the mail, [email protected]. Improvement Act of 1999 (Pub. L. If you use a telecommunications 106–107) encourage us to undertake look for the OPE ID number on the address label. Otherwise, your business device for the deaf (TDD), you may call initiatives to improve our grant the Federal Information Relay Service processes. Enhancing the ability of office or student financial aid office should have the OPE ID number. If your (FIRS) at 1–800–877–8339. individuals and entities to conduct Individuals with disabilities may business office or student financial aid business with us electronically is a obtain this document in an alternative office does not have the OPE ID number, major part of our response to these Acts. format (e.g., Braille, large print, audio contact the Department, using the e-mail Therefore, we are taking steps to adopt tape, or computer diskette) on request to addresses of the contact persons listed the Internet as our chief means of the contact persons listed under FOR in this notice under FOR APPLICATIONS conducting transactions in order to APPLICATIONS AND FURTHER INFORMATION AND FURTHER INFORMATION CONTACT. improve services to our customers and CONTACT. to simplify and expedite our business You will find detailed instructions for Individuals with disabilities may processes. completing the application form obtain a copy of the application package Some of the procedures in these electronically under the ‘‘eligibility in an alternative format by contacting instructions for transmitting 2004’’ link at either of the following those persons. However, the Department applications differ from those in the Web sites: is not able to reproduce in an alternative Education Department General http://www.ed.gov/programs/ format the standard forms included in Administrative Regulations (EDGAR) iduestitle3a.index.html or http:// the application package. (34 CFR 75.102). Under the www.ed.gov/hsi. Administrative Procedure Act (5 U.S.C. For institutions of higher education Electronic Access to This Document 553) the Department generally offers that are unable to meet the needy You may view this document, as well interested parties the opportunity to student enrollment requirement or the as all other documents of this comment on proposed regulations. average E&G expenditure requirement Department published in the Federal However, these amendments make and wish to request a waiver of one or Register, in text or Adobe Portable procedural changes only and do not both of those requirements, you must Document Format (PDF) on the Internet establish new substantive policy. complete your designation application at the following site: Therefore, under 5 U.S.C. 553(b)(A), the form electronically and transmit your http://www.ed.gov/news/fedregister. Secretary has determined that proposed waiver request narrative document from To use PDF, you must have Adobe rulemaking is not required. the following Web site: Acrobat Reader, which is available free We are requiring that applications for http://webprod.cbmiweb.com/ at this site. If you have questions about institutional eligibility for FY 2004 Title3and5/index.html. using the PDF, call the U.S. Government

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Printing Office (GPO), toll free, at Budget (OMB), Attention: Desk Officer CBI, or whose disclosure is otherwise 1–888–293–6498; or in the Washington, for EPA, 725 17th Street, NW., restricted by statute, is not included in DC area at (202) 512–1530. Washington, DC 20503. the official public docket, and will not Note: The official version of this document FOR FURTHER INFORMATION CONTACT: be available for public viewing in is the document published in the Federal Leonard Lazarus, Compliance EDOCKET. For further information Register. Free Internet access to the official Assessment and Media Programs about the electronic docket, see EPA’s edition of the Federal Register and the Code Division, Mail Code 2223A, Office of Federal Register notice describing the of Federal Regulations is available on GPO Compliance, Environmental Protection electronic docket at 67 FR 38102 (May Access at: http://www.gpoaccess.gov/nara/ Agency, 1200 Pennsylvania Avenue, 31, 2002), or go to www.epa.gov/ index.html. NW., Washington, DC 20460; telephone edocket. Title: NESHAP for Magnetic Tape Program Authority: 20 U.S.C. 1057– number: (202) 564–6369; fax number: Manufacturing Operations (40 CFR part 1059d, 1101–1103g. (202) 564–0050; e-mail address: [email protected]. 63, Subpart EE). Sally L. Stroup, Abstract: This NESHAP requires SUPPLEMENTARY INFORMATION: EPA has initial notification, performance tests, Assistant Secretary, Office of Postsecondary submitted the following ICR to OMB for Education. and periodic reports. Owners or review and approval according to the operators are also required to maintain [FR Doc. 03–30432 Filed 12–4–03; 11:19 am] procedures prescribed in 5 CFR 1320.12. BILLING CODE 4000–01–P records of the occurrence and duration On May 19, 2003 (68 FR 27059), EPA of any startup, shutdown, or sought comments on this ICR pursuant malfunction in the operation of an to 5 CFR 1320.8(d). EPA received no affected facility, or any period during ENVIRONMENTAL PROTECTION comments. AGENCY which the monitoring system is EPA has established a public docket inoperative. These notifications, reports, [OECA–2003–0022; FRL–7597–1] for this ICR under Docket ID No. OECA– and records are essential in determining 2003–0022, which is available for public compliance and are required, in general, Agency Information Collection viewing at the Enforcement and of all sources subject to NESHAP. Activities; Submission to OMB for Compliance Docket and Information Any owner or operator subject to the Review and Approval; Comment Center in the EPA Docket Center (EPA/ provisions of this part shall maintain a Request; NESHAP for Magnetic Tape DC), EPA West, Room B102, 1301 file of these measurements, and retain Manufacturing Operations (40 CFR Constitution Avenue, NW., Washington, the file for at least five years following Part 63, Subpart EE), EPA ICR Number DC. The EPA Docket Center Public the date of such measurements, 1678.05, OMB Control Number Reading Room is open from 8:30 a.m. to maintain reports, and records. All 2060–0326 4:30 p.m., Monday through Friday, reports are sent to the delegated State or excluding legal holidays. The telephone local authority. In the event that there AGENCY: Environmental Protection number for the Reading Room is (202) is no such delegated authority, the Agency (EPA). 566–1744, and the telephone number for reports are sent directly to the EPA ACTION: Notice. the Enforcement and Compliance Regional Office. This information is Docket and Information Center is (202) SUMMARY: In compliance with the being collected to assure compliance 566–1514. An electronic version of the Paperwork Reduction Act (44 U.S.C. with 40 CFR part 63, subpart EE as public docket is available through EPA 3501 et seq.), this document announces authorized in sections 112 and 114(a) of Dockets (EDOCKET) at http:// that an Information Collection Request the Clean Air Act. The required www.epa.gov/edocket. Use EDOCKET to (ICR) has been forwarded to the Office information consists of emissions data submit or view public comments, access and other information that have been of Management and Budget (OMB) for the index listing of the contents of the determined not to be private. review and approval. This is a request public docket, and to access those An agency may not conduct or to renew an existing approved documents in the public docket that are sponsor, and a person is not required to collection. This ICR is scheduled to available electronically. Once in the respond to, a collection of information expire on January 31, 2004. Under OMB system, select ‘‘search,’’ then key in the unless it displays a currently valid OMB regulations, the Agency may continue to docket ID number identified above. control number. The OMB control conduct or sponsor the collection of Any comments related to this ICR numbers for EPA’s regulations in 40 information while this submission is should be submitted to EPA and OMB CFR are listed in 40 CFR part 9 and are pending at OMB. This ICR describes the within 30 days of this notice. EPA’s identified on the form and/or nature of the information collection and policy is that public comments, whether instrument, if applicable. its estimated burden and cost. submitted electronically or in paper, Burden Statement: The annual public DATES: Additional comments may be will be made available for public reporting and recordkeeping burden for submitted on or before January 8, 2004. viewing in EDOCKET as EPA receives this collection of information is ADDRESSES: Submit your comments, them and without change, unless the estimated to average 200 hours per referencing docket ID number OECA– comment contains copyrighted material, response. Burden means the total time, 2003–0022, to (1) EPA online using CBI, or other information whose public effort, or financial resources expended EDOCKET (our preferred method), by e- disclosure is restricted by statute. When by persons to generate, maintain, retain, mail to [email protected], or by mail EPA identifies a comment containing or disclose or provide information to or to: EPA Docket Center, Environmental copyrighted material, EPA will provide for a Federal agency. This includes the Protection Agency, Enforcement and a reference to that material in the time needed to review instructions; Compliance Docket and Information version of the comment that is placed in develop, acquire, install, and utilize Center, Mail Code 2201T, 1200 EDOCKET. The entire printed comment, technology and systems for the purposes Pennsylvania Avenue, NW., including the copyrighted material, will of collecting, validating, and verifying Washington, DC 20460, and (2) OMB at: be available in the public docket. information, processing and Office of Information and Regulatory Although identified as an item in the maintaining information, and disclosing Affairs, Office of Management and official docket, information claimed as and providing information; adjust the

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existing ways to comply with any ADDRESSES: Submit your comments, about the electronic docket, see EPA’s previously applicable instructions and referencing docket ID number OW– Federal Register notice describing the requirements; train personnel to be able 2003–0073, to EPA online using electronic docket at 67 FR 38102 (May to respond to a collection of EDOCKET (our preferred method), by e- 31, 2002), or go to www.epa.gov/ information; search data sources; mail to [email protected], or by mail edocket. complete and review the collection of to: EPA Docket Center, Environmental Affected entities: Entities potentially information; and transmit or otherwise Protection Agency, Water Docket (Mail affected by this action are those which disclose the information. Code 4101T), 1200 Pennsylvania Ave., are issued NPDES permits for the Respondents/Affected Entities: NW., Washington, DC 20460. discharge of domestic wastewater, Owners or operators of magnetic tape FOR FURTHER INFORMATION CONTACT: Jack industrial wastewater, and storm water, manufacturing operations. Faulk, Environmental Protection and for the use and disposal of sewage Estimated Number of Respondents: 6. Agency, 1200 Pennsylvania Ave., NW., sludge. In addition, states and territories Frequency of Response: Initial, Mail Code 4203M, Washington, DC authorized to administer the NPDES quarterly, semiannually. 20460; telephone number: 202–564– program are also affected. Estimated Total Annual Hour Burden: Title: National Pollutant Discharge 3,395 hours. 0768; fax number: 202–564–6431; e-mail address: [email protected]. Elimination System (NPDES) Estimated Total Annual Cost: Compliance Assessment/Certification SUPPLEMENTARY INFORMATION: $265,000, includes $11,000 annualized EPA has Information, EPA ICR Number 1427.07, capital/startup costs, $36,000 annual established a public docket for this ICR OMB Control Number 2040–0110. O&M costs, and $218,000 labor costs. under Docket ID number OW–2003– Abstract: Pollutant discharge limits in Changes in the Estimates: There is a 0073, which is available for public a NPDES permit are designed to be decrease of 3,647 hours in the total viewing at the Water Docket in the EPA protective of the environment and the estimated burden currently identified in Docket Center (EPA/DC), EPA West, public. Permitting authorities must the OMB Inventory of Approved ICR Room B102, 1301 Constitution Ave., assess whether the permittee is Burdens. This decrease is due to a NW., Washington, DC. The EPA Docket complying with these discharge limits reduction in the number of sources Center Public Reading Room is open on a consistent basis. Compliance is affected by the standard. from 8:30 a.m. to 4:30 p.m., Monday assessed by reviewing records, Dated: November 14, 2003. through Friday, excluding legal compliance schedule reports, and Doreen Sterling, holidays. The telephone number for the noncompliance reports for a bypass, Reading Room is (202) 566–1744, and Acting Director, Collection Strategies upset, or maximum daily limit Division. the telephone number for the Water violations. Permittees must maintain Docket is (202) 566–2426. An electronic [FR Doc. 03–30516 Filed 12–8–03; 8:45 am] such records, meet compliance version of the public docket is available BILLING CODE 6560–50–P schedules, and report violations as through EPA Dockets (EDOCKET) at mandated in 40 CFR parts 122 and 501. http://www.epa.gov/edocket. Use The information that is collected can ENVIRONMENTAL PROTECTION EDOCKET to obtain a copy of the draft lead the permitting authority to follow AGENCY collection of information, submit or through with informal discussions with view public comments, access the index the permittee (telephone and/or letters), [OW–2003–0073; FRL–7597–2] listing of the contents of the public permit modification, or enforcement docket, and to access those documents Agency Information Collection action. in the public docket that are available Activities: Proposed Collection; Also, consistent with past practice, electronically. Once in the system, Comment Request; National Pollutant this ICR incorporates burden from one select ‘‘search,’’ then key in the docket Discharge Elimination System ICR specific to EPA’s effluent ID number identified above. limitations guidelines development (NPDES) Compliance Assessment/ Any comments related to this ICR Certification Information, EPA ICR program that includes NPDES should be submitted to EPA within 60 compliance assessment/certification Number 1427.07, OMB Control Number days of this notice. EPA’s policy is that 2040–0110 activities. Specifically, the burden and public comments, whether submitted costs associated with the ICR: Best AGENCY: Environmental Protection electronically or in paper, will be made Management Practices Alternatives, Agency (EPA). available for public viewing in Effluent Limitations Guidelines and ACTION: Notice. EDOCKET as EPA receives them and Standards, Oil and Gas Extraction Point without change, unless the comment Source Category (40 CFR part 435), EPA SUMMARY: In compliance with the contains copyrighted material, CBI, or ICR No. 1953.02, OMB Control No. Paperwork Reduction Act (44 U.S.C. other information whose public 2040–0230, is incorporated into this 3501 et seq.), this document announces disclosure is restricted by statute. When ICR. that EPA is planning to submit a EPA identifies a comment containing Note that six additional effluent continuing Information Collection copyrighted material, EPA will provide limitations guidelines development Request (ICR) to the Office of a reference to that material in the ICRs are set to expire in the next three Management and Budget (OMB). This is version of the comment that is placed in years prior to the next renewal of this a request to renew an existing approved EDOCKET. The entire printed comment, Compliance Assessment/Certification collection. This ICR is scheduled to including the copyrighted material, will ICR. The burden associated with those expire on February 29, 2004. Before be available in the public docket. six ICRs will be incorporated into the submitting the ICR to OMB for review Although identified as an item in the Compliance Assessment/Certification and approval, EPA is soliciting official docket, information claimed as ICR as part of the renewal process for comments on specific aspects of the CBI, or whose disclosure is otherwise those six separate ICRs. The six ICRs proposed information collection as restricted by statute, is not included in include: described below. the official public docket, and will not 1. Milestone Plans for the Bleached DATES: Comments must be submitted on be available for public viewing in Papergrade Kraft and Soda Subcategory or before February 9, 2004. EDOCKET. For further information of the Pulp, Paper, and Paperboard

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Point Source Category (40 CFR part Burden Statement: Based on the existing ways to comply with any 430), EPA ICR No. 1877.02, OMB information collection requirements previously applicable instructions and Control No. 2040–0202; contained in the existing ICR, the requirements; train personnel to be able 2. Best Management Practices (BMPs) information collection for compliance to respond to a collection of for Bleached Papergrade Kraft and Soda assessment and certification activities information; search data sources; Subcategory and the Papergrade Kraft will involve an estimated 16,500 complete and review the collection of Sulfite Subcategory of the Pulp, Paper, reporting respondents per year with information; and transmit or otherwise and Paperboard Point Source Category 2.15 total annual average responses per disclose the information. (40 CFR part 430), EPA ICR No. 1829.02, respondent and 4.15 hours per response Dated: December 3, 2003. OMB Control No. 2040–0207; for a total of 147,207 hours. In addition, James A. Hanlon, 3. Pollution Prevention Compliance EPA estimates 304,739 recordkeeping Alternative; Transportation Equipment respondents per year and 3.86 hours per Director, Office of Wastewater Management. Cleaning (TEC) Point Source Category recordkeeper for a total of 1,166,012 [FR Doc. 03–30518 Filed 12–8–03; 8:45 am] (40 CFR part 442), EPA ICR No. 2018.01, hours. This results in an annual BILLING CODE 6560–50–P OMB Control No. 2040–0235; respondent burden of 1,313,219 hours 4. Baseline Standards and Best and an annual cost of $31,025,598. Management Practices for the Coal States and U.S. territories are also ENVIRONMENTAL PROTECTION Mining Point Source Category (40 CFR expected to incur a burden and cost AGENCY part 434)—Coal Remining Subcategory associated with this ICR. Specifically, [FRL–7597–7] and Western Alkaline Coal Mining EPA estimates an average annual burden Subcategory, EPA ICR No. 1944.02, for these respondents of 51,089 hours at Comprehensive Environmental OMB Control No. 2040–0239; a cost of $1,472,488. The total annual Response, Compensation and Liability 5. Certification in Lieu of Chloroform burden and cost to respondents, Act (CERCLA) or Superfund, Section Minimum Monitoring Requirements for recordkeepers, and government 128(a); Notice of Grant Funding Direct and Indirect Discharging Mills in (excluding Federal government) is Guidance for State and Tribal the Bleached Papergrade Kraft and Soda estimated to be 1,375,308 hours and Response Programs Subcategory of the Pulp, Paper and $32,498,086. Paperboard Manufacturing Category (40 The burden and cost estimate for the AGENCY: Environmental Protection CFR part 430), EPA ICR No. 2015.01, additional ICR, namely Best Agency. OMB Control No. 2040–0242; and Management Practices Alternatives, ACTION: Notice. 6. Minimum Monitoring Effluent Limitations Guidelines and Requirements for Direct and Indirect Standards, Oil and Gas Extraction Point SUMMARY: The Environmental Protection Discharging Mills in the Bleached Source Category (40 CFR part 435), EPA Agency (EPA) will begin to accept Papergrade Kraft and Soda Subcategory ICR No. 1953.02, OMB Control No. requests, from December 1, 2003, and the Papergrade Sulfite Subcategory 2040–0230 are estimated as follows (as through January 31, 2004, for grants to of the Pulp, Paper and Paperboard documented in the original rule-related supplement State and Tribal Response Manufacturing Category (40 CFR part ICR for this regulation): total burden Programs. This notice provides 430), EPA ICR No. 1878.01, OMB hours for the 67 respondents are 47,168 guidance on eligibility for funding, use Control No. 2040–0243. annually at a cost of $1,200,138. This of funding, grant mechanisms and An agency may not conduct or includes both reporting and process for awarding funding, the sponsor, and a person is not required to recordkeeping activities. allocation system for distribution of respond to, a collection of information Burden and costs for the additional funding, and terms and reporting under unless it displays a currently valid OMB six ICRs will be incorporated into this these grants. EPA has consulted with control number. The OMB control ICR as these six ICRs come up for State and tribal officials in developing numbers for EPA’s regulations are listed renewal. The current number of annual this guidance. in 40 CFR part 9. The EPA would like responses and approved burden hours Since 1997, the EPA Brownfields to solicit comments to: are provided below. program has funded State and tribal (i) Evaluate whether the proposed response programs including Superfund Core funding for State and tribal collection of information is necessary OMB Control No. Annual Annual for the proper performance of the responses hours voluntary cleanup programs and pre- functions of the Agency, including remedial site assessment funding for 2040–0202 ...... 29 1,418 State- and tribal-conducted Targeted whether the information will have 2040–0207 ...... 130 60,909 practical utility; 2040–0235 ...... 79 19,144 Brownfields Assessments (TBA). (ii) Evaluate the accuracy of the 2040–0239 ...... 93 9,261 Through section 128(a), Congress built Agency’s estimate of the burden of the 2040–0242 ...... 86 480 upon these activities and provided EPA proposed collection of information, 2040–0243 ...... 104 36,858 with expanded authority to fund other including the validity of the activities that establish and enhance methodology and assumptions used; Burden means the total time, effort, or capacity for State and tribal response (iii) Enhance the quality, utility, and financial resources expended by persons programs as well as authority to grant clarity of the information to be to generate, maintain, retain, or disclose funds to States and tribes to capitalize collected; and or provide information to or for a revolving loan funds and support (iv) Minimize the burden of the Federal agency. This includes the time insurance mechanisms. collection of information on those who needed to review instructions; develop, The primary goal of this funding is to are to respond, including through the acquire, install, and utilize technology ensure that State and tribal response use of appropriate automated electronic, and systems for the purposes of programs include, or are taking mechanical, or other technological collecting, validating, and verifying reasonable steps to include, certain collection techniques or other forms of information, processing and elements and another is to provide information technology, e.g., permitting maintaining information, and disclosing funding for other activities that increase electronic submission of responses. and providing information; adjust the the number of response actions

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conducted or overseen by a State or activities at the majority of brownfield Eligibility for Funding tribal response program. This funding is sites across the country. The depth and To be eligible for funding under not intended to supplant current State breadth of State and tribal response CERCLA section 128(a), a State or tribe or tribal funding for their response programs vary. Some focus solely on must: programs. Instead, it is to supplement CERCLA related activities, while others • Demonstrate that their response their funding to increase their response are multi-faceted, for example, program includes, or is taking capacity. addressing sites regulated by the reasonable steps to include, the four For fiscal year 2004, EPA will Resource Conservation and Recovery elements of a response program, consider funding requests up to a Act (RCRA). Many State programs also described below; or be a party to maximum of $1.5 million per State or offer accompanying financial incentive voluntary response program tribe. EPA will target funding of at least programs to spur cleanup and Memorandum of Agreement (MOA)5 $3 million for tribal response programs with EPA; to ensure adequate funding for tribal redevelopment. In passing section 4 response programs. 128(a), Congress recognized the and Subject to the availability of funds, accomplishments of State response • Maintain and make available to the EPA regional enforcement and program programs in cleaning up and public a record of sites at which staff will be available to provide redeveloping brownfield sites. Section response actions have been completed technical assistance to States and tribes 128(a) also provides EPA with an in the previous year and are planned to as they apply for and carry out these opportunity to strengthen its be addressed in the upcoming year, see grants. partnership with States and tribes. CERCLA section 128(b)(1)(C). DATES: This action is effective as of Since 1997, the EPA Brownfields Note: Failure to meet these requirement December 1, 2003. EPA expects to make program has been funding State and will result in a denial of funding for FY04). non-competitive grant awards to States tribal response programs including With the exception of the section and tribes which apply during fiscal Superfund Core funding for State and 128(a) funds a State or tribe uses to year 2004. tribal voluntary cleanup programs and capitalize a Brownfields Revolving Loan ADDRESSES: Mailing addresses for U.S. pre-remedial site assessment funding for Fund under CERCLA 104(k)(3), States EPA Regional Offices and U.S. EPA State- and tribal-conducted Targeted and tribes are not required to provide Headquarters can be located at http:// Brownfields Assessments (TBA). Both matching funds for grants awarded www.epa.gov/brownfields. activities were financed with Superfund under section 128(a). FOR FURTHER INFORMATION CONTACT: The appropriations and funded under The Four Elements—Section 128(a) U.S. EPA’s Office of Solid Waste and CERCLA section 104(d) cooperative Section 128(a) requires States or tribes Emergency Response, Office of agreement authority. Through section Brownfields Cleanup and to demonstrate that their response 128(a), Congress built upon these program includes, or is taking Redevelopment, (202) 566–2777. activities and provided EPA with SUPPLEMENTARY INFORMATION: The Small reasonable steps to include, four expanded authority to fund other elements. Section 128(a) also authorizes Business Liability Relief and activities that build capacity for State Brownfields Revitalization Act funding for activities necessary to and tribal response programs as well as (SBLRBRA) was signed into law on establish and enhance the four elements authority to grant funds to States and January 11, 2002. The Act amends the and to establish and maintain the public Comprehensive Environmental Indian tribes to capitalize revolving loan record requirement. Generally, the four Response, Compensation, and Liability funds and support insurance elements are: Act (CERCLA), as amended, by adding mechanisms. The primary goal of this Timely survey and inventory of section 128(a). Section 128(a) authorizes funding is to ensure that State and tribal brownfield sites in State or tribal land. a $50 million grant program 1 to response programs include, or are taking States and tribes must include, or be establish and enhance State 2 and tribal 3 reasonable steps to include, certain taking reasonable steps to include, in response programs. Generally, these elements and another is to provide their response programs a system or response programs address the funding for other activities that increase process to identify the universe of assessment, cleanup and redevelopment the number of response actions brownfield sites in their State or tribal of brownfields sites and other conducted or overseen, by a State or land. EPA’s goal in funding activities contaminated sites. Section 128(a) tribal response program. This funding is under this element is to enable the State grants will be awarded and not intended to supplant current State or tribe to establish or enhance a system administered by U.S. Environmental or tribal funding for their response or process that will provide a reasonable Protection Agency (EPA) regional programs. Instead, it is to supplement estimate of the number, likely locations, and the general characteristics of offices. This document provides their funding to increase their cleanup brownfield sites in their State or tribal guidance that will enable States and capacity. tribes to apply for and use section 128(a) lands. Given funding limitations, EPA funds in Fiscal Year 2004. Subject to the availability of funds, will negotiate work plans with States State and tribal response programs EPA regional enforcement and program and tribes to achieve this goal oversee assessment and cleanup staff will be available to provide efficiently, effectively and within a technical assistance to States and Indian realistic time frame. For example, many 1 The Catalogue of Federal Domestic Assistance tribes as they apply for and carry out entry for the section 128(a) State and Tribal section 128(a) grants. 5 The legislative history of SBLRBRA indicates Response Programs grant program is 66.817. that Congress intended to encourage States and 2 The term ‘‘State’’ is defined in this document as tribes to enter into MOAs for their voluntary defined in CERCLA section 101(27). 4 The Small Business Liability Relief and response programs. States or tribes that are parties 3 The term ‘‘Indian tribe’’ is defined in this Brownfields Revitalization Act (SBLRBRA) was to voluntary response program MOAs are document as it is defined in CERCLA section signed into law on January 11, 2002. The Act automatically eligible for section 128(a) funding. A 101(36). Intertribal consortia, as defined in the amends the Comprehensive Environmental list of States that have signed CERCLA VCP MOAs Federal Register notice at 67 FR 67181, are also Response, Compensation, and Liability Act with EPA can be found at www.epa.gov/ eligible for funding under CERCLA 128(a). (CERCLA), as amended, by adding section 128(a). brownfields/gdc.htm#vc.

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of EPA’s Brownfields Assessment the tribe, or a licensed site professional from the ‘‘survey and inventory’’ grantees conduct inventories of to the person conducting a response element, easily accessible. For this brownfield sites in their communities or action indicating that the response reason, EPA will allow States and tribes jurisdictions. EPA encourages States action is complete. Written approval by to use section 128(a) funding to make and tribes to work with these grantees a State or tribal response program the public record, as well as other to obtain the information that they have official of a proposed cleanup plan is an information, such as information from gathered and include it in their survey example of an approval mechanism. the ‘‘survey and inventory’’ element, and inventory. available to the public via the internet Public Record Requirement Oversight and enforcement or other means. For example, the authorities or other mechanisms and States and tribes (including those Agency would support funding State resources. State and tribal response with MOAs) that received section 128(a) and tribal efforts to include detailed programs must include, or be taking funding in FY03 must have established location information in the public reasonable steps to include, oversight and maintained a public record system, record such as the street address and and enforcement authorities or other described below, in order to receive latitude and longitude information for mechanisms, and resources that are funds in FY04. Failure to comply with each site.7 A State or tribe may also adequate to ensure that: this statutory requirement will result in choose to use the section 128(a) funds • A response action will protect a denial of funding for FY04 (this to make their survey and inventory human health and the environment and includes funding through an information available on the Internet as be conducted in accordance with incremental grant funding mechanism). well. applicable Federal and State law; and Recipients receiving section 128(a) Long-term maintenance of the public • The necessary response activities funding for the first time in FY04 must record. EPA encourages States and are completed if the person conducting demonstrate, to be eligible for funding tribes to maintain public record the response activities fails to complete in FY05, that they established and information, including data on the necessary response activities (this maintained the public record, as institutional controls, on a long term includes operation and maintenance or described below. basis (more than one year) for sites at long-term monitoring activities). Specifically, under section which a response action has been Mechanisms and resources to provide 128(b)(1)(C), States and tribes must: completed. Subject to EPA regional meaningful opportunities for public • Maintain and update, at least office approval, States or tribes may participation.6 States and tribes must annually or more often as appropriate, include development and operation of include, or be taking reasonable steps to a record of sites that includes the name systems that ensure long term include, in their response program and location of sites at which response maintenance of the public record, mechanisms and resources for public actions have been completed during the including information on institutional participation, including, at a minimum: previous year; controls, in their work plans.8 • Public access to documents and • Maintain and update, at least related materials that a State, tribe, or annually or more often as appropriate, Use of Funding party conducting the cleanup is relying a record of sites that includes the name Overview on or developing in making cleanup and location of sites at which response Section 128(a)(1)(B) describes the decisions or conducting site activities; actions are planned to be addressed in • eligible uses of grants funding by States Prior notice and opportunity for the next year; and public comment on cleanup plans and • and tribes. In general, a State or tribe Identify in the public record may use a grant to ‘‘establish or site activity; and whether or not the site, upon • enhance’’ their response programs, A mechanism by which a person completion of the response action, will who is, or may be, affected by a release including elements of the response be suitable for unrestricted use. If not, program that include activities related or threatened release of a hazardous the public record must identify the substance, pollutant, or contaminant at to responses at brownfield sites with institutional controls relied on in the petroleum contamination. States and a brownfields site—located in the remedy. community in which the person works tribes may use section 128(a) funding to, Section 128(a) funds may be used to among other things: or resides—may request that a site maintain and make available a public • assessment be conducted. The Develop legislation, regulations, record system that meets the procedures, guidance, etc. that would appropriate State or tribal official must requirements discussed above. consider this request and appropriately establish or enhance the administrative Distinguishing the ‘‘survey and and legal structure of their response respond. inventory’’ element from the ‘‘public Mechanisms for approval of a cleanup programs; record.’’ It is important to note that the • Capitalize a revolving loan fund plan and verification and certification public record requirement differs from (RLF) for brownfields cleanup under that cleanup is complete. States and the ‘‘timely survey and inventory’’ CERCLA section 104(k)(3). These RLFs tribes must include, or be taking element described in the ‘‘Four are subject to the same statutory reasonable steps to include, in their Elements’’ section above. The public requirements and grant terms and response programs mechanisms to record addresses sites at which response conditions applicable to RLFs awarded approve cleanup plans. In addition actions have been completed in the under section 104(k)(3). Requirements States and tribes must include, or be previous year and are planned to be include a 20 percent match on the taking reasonable steps to include, in addressed in the upcoming year. In amount of section 128(a) funds used for their response programs a requirement contrast, the ‘‘timely survey and for verification by and certification or inventory’’ element, described above, 7 For further information on latitude and similar documentation from the State, refers to a general approach to longitude information, please see EPA’s data identifying brownfield sites. standards Web site available at http:// 6 States and tribes establishing this element may Making the public record easily oaspub.epa.gov/edr/epastd$.startup. find useful information on public participation on 8 States and tribes may find useful information on EPA’s community involvement Web site at http:// accessible. EPA’s goal is to enable States institutional controls on EPA’s institutional www.epa.gov/superfund/action/community/ and tribes to make the public record and controls Web site at http://www.epa.gov/superfund/ index.htm. other information, such as information action/ic/index.htm.

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the RLF, a prohibition on using EPA Senate Report 107–2, March 12, 2001, p. cleanups in States or tribes that use grant funds for administrative costs 15. licensed site professionals to verify that relating to the RLF, and a prohibition on The exact ‘‘enhancement’’ uses that sites have been properly cleaned up using RLF loans or subgrants for may be allowable depend upon the may be an eligible cost under section response costs at a site for which the work plan negotiated between the EPA 128(a). These costs need not be incurred recipient may be potentially liable regional office and the State or tribe. For in connection with a brownfields site to under section 107 of CERCLA. Other example, regional offices and States or be eligible, but must be authorized prohibitions contained in CERCLA tribes may agree that section 128(a) under the State’s or tribe’s work plan to section 104(k)(4) also apply; funds may be used for outreach and be allowable. Other uses may be eligible • Purchase environmental insurance training directly related to increasing and allowable as well, depending upon or developing a risk-sharing pool, awareness of its response program, and the work plan negotiated between the indemnity pool, or insurance improving the skills of program staff. It EPA regional office and the State or mechanism to provide financing for may also include developing better tribe. response actions under a State or tribal coordination and understanding of other Uses Related to Site-Specific Activities response program; State response programs, e.g., RCRA or at Petroleum Brownfields Sites • Establish and maintain the required USTs. Other ‘‘enhancement’’ uses may public record described in section B be allowable as well. States and tribes may use section 128(a) funds for activities that establish above. EPA considers activities related Uses Related to Site-Specific Activities to maintaining and monitoring and enhance their response programs, institutional controls to be eligible costs States and tribes may use section even if their response programs address under section 128(a); or 128(a) funds for activities that improve petroleum contamination. Also, the • Conduct limited site-specific State or tribal capacity to increase the costs of limited site-specific activities, activities, such as assessment or number of sites at which response such as site assessments or cleanup at cleanup, provided such activities are actions are conducted under the State or petroleum contaminated brownfields secondary to the primary use of the tribal response program. Eligible uses of sites, defined at CERCLA section funds, i.e., to establish and enhance the funds include limited site-specific 101(39)(D)(ii)(II), are eligible and are response program, and are tied to the related activities such as conducting allowable if the activity is included in four elements. assessments or cleanups at brownfields the work plan negotiated between the sites. Site-specific activities should be EPA regional office and the State or Uses Related to ‘‘Establishing’’ a State secondary to the primary use of the tribe. Section 128(a) funds used to or Tribal Response Program funds, i.e., to establish and enhance the capitalize a Brownfields RLF may be Under CERCLA section 128(a), response program, and tied to the used at brownfields sites contaminated ‘‘establish’’ includes activities necessary elements. by petroleum to the extent allowed to build the foundation for the four Site-specific assessments and under CERCLA section 104(k)(3) RLF elements of a State or tribal response cleanups must comply with all program. program and the public record applicable Federal and State laws and Grant Mechanism and Process for requirement. For example, a State or are subject to the following restrictions: Awarding Funding • No more than $200,000 per site can tribal response program may use section Funding authorized under CERCLA 128(a) funds to develop regulations, be funded for assessments, and no more than $200,000 per site can be funded for section 128(a) will be awarded through procedures, or guidance. For more a cooperative agreement 9 with a State or developed State or tribal response cleanups. • Absent EPA approval, the recipient tribe. The program will be administered programs, establish may also include under the general EPA grant and activities that keep their program at a may not use funds awarded under this agreement to assess and clean up sites cooperative agreement regulations for level that meets the four elements and States, tribes, and local governments maintains a public record required as a owned by the recipient. • Assessments and cleanups cannot found in the Code of Federal condition of funding under CERCLA be conducted at sites where the Regulations at 40 CFR part 31. Under section 128(b)(1)(C). recipient itself is a potentially these regulations, the grantee for section Uses Related to ‘‘Enhancing’’ a State or responsible party pursuant to CERCLA 128(a) grant program is: Tribal Response Program section 107, except for at brownfields The government to which a grant is awarded and which is accountable for the Under CERCLA section 128(a), sites contaminated by a controlled use of the funds provided. The grantee is the ‘‘enhance’’ is related to activities that substance as defined in CERCLA section entire legal entity even if only a particular add to or improve a State or tribal 101(39)(D)(ii)(I). component of the entity is designated in the • Subgrants cannot be provided to response program or increase the grant award document. entities that may be potentially number of sites at which response 40 CFR 31.3 Grantee responsible parties (pursuant to actions are conducted under a State or One application per State or tribe. CERCLA section 107) at the site for tribal response program. The legislative Subject to the availability of funds, EPA which the assessment or cleanup history of the provision also makes this regional offices will negotiate and enter activities are proposed to be conducted. clear: • into section 128(a) cooperative Section 128(a) funds cannot be used agreements with eligible and interested The vast majority of contaminated sites for assessments or cleanups at sites that States or tribes. EPA will accept only across the nation will not be cleaned up by do not meet the definition of a the Superfund program. Instead, most sites brownfield site at CERCLA 101(39). 9 A cooperative agreement is a grant to a State or will be cleaned up under State authority. However, costs incurred for oversight * * * In recognition of this fact, and the a tribe that includes substantial involvement of EPA need to create and improve State cleanup of cleanups at other than brownfields regional enforcement and program staff during sites may be eligible and allowable costs performance of activities described in the capacity, new [Section 128(a)] provides cooperative agreement work plan. Examples of this financial assistance to states and tribes to if such activities are included in the involvement include technical assistance and establish or enhance voluntary response State’s or tribe’s work plan. For collaboration on program development and site- programs. example, auditing of completed site specific activities.

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one application from each eligible State regional office’s grants policies. Each response program and to enable States or tribe. States and tribes must define cooperative agreement must have an and tribes to comply with the public the ‘‘section 128(a) response program,’’ annual budget period tied to an annual record requirement, including activities and may designate a component of the work plan. related to institutional controls. (States State or tribe that will be EPA’s primary Demonstrating the Four Elements. As and tribes that have established one or point of contact for negotiations on their part of the annual work plan negotiation more of the four elements will not be proposed work plan. When EPA funds process, States or tribes that do not have prejudiced in funding distributions if the section 128(a) cooperative MOAs must demonstrate that their their work plan includes activities that agreement, States and tribes may program includes, or is taking enhance the four elements. States with distribute these funds among the reasonable steps to include, the four MOA’s will not be prejudiced in appropriate State and tribal agencies elements described above. EPA will not funding distributions if their work plan that are part of the section 128(a) fund, in future years, State or tribal does not include tasks related to response program. This distribution response program annual work plans if establishing or enhancing the four must be clearly outlined in their annual EPA determines that these requirements elements.) work plan. are not met or reasonable progress is not • Funding for program development Separate cooperative agreements for being made. EPA may base this activities to enhance the response the capitalization of RLFs using section determination on the information the program or the cleanup capacity of a 128(a) funds. If a portion of the128(a) State or tribe provides to support its State or tribal response program. grant funds requested will be used to work plan, or on EPA’s review of the • Funding for limited site-specific capitalize a revolving loan fund for State or tribal response program. activities at eligible brownfields sites. cleanup, pursuant to 104(k)(3), two Establishing and Maintaining the • Funding for environmental separate cooperative agreements must Public Record. Prior to funding a State’s insurance mechanisms. be awarded, i.e., one for the RLF and or tribe’s annual work plan, EPA • Funding to capitalize brownfields one for non-RLF uses. States and tribes regional offices will verify that a public cleanup revolving loan funds. may, however, submit one initial record as described above exists, and is States and tribes must break their request for funding, delineating the RLF being maintained. Recipients receiving work plans down into these as a proposed use. funds for the first time in FY04 will prioritization categories. Authority to Manage a Revolving Loan have one year to meet this requirement EPA will target funding of at least $3 Fund Program. If a State or tribes and may utilize the 128(a) grant funds million per year for tribal response chooses to use its 128(a) funds to to do so. programs. If this funding is not used, it capitalize a revolving loan fund Demonstration of Need to Receive will be carried over and added to at program, the State or tribe must have Funds above the FY03 Funding least $3 million in the next fiscal year. the authority to manage the program, Distribution. Due to the limited amount It is expected that the funding demand e.g., issue loans. If the agency/ of funding available, recipients must from tribes will increase through the life department listed as the point of contact demonstrate a specific need when of this grant program (authorized by for the 128(a) grant does not have this requesting an amount above the FY03 Congress through FY2006), and this authority, it must be able to demonstrate allocation. Regions also will review the funding allocation system should ensure that another State or tribal agency does recipient’s utilization rates from the that adequate funding for tribal response have the authority to manage the RLF previous fiscal years to determine need programs is available in future years. and is willing to do so. in FY04. Section 128(a) grants are eligible for Terms and Reporting inclusion in the Performance Allocation System for Distribution of Cooperative agreements for State and Partnership Grant (PPG). EPA is Funding tribal response programs will include considering a pilot project that will EPA regional offices will work with programmatic and administrative terms allow an appropriate number of States interested States and tribes to develop and conditions. These terms and and tribes to include section 128(a) their annual work plans and funding conditions will describe EPA’s grants in the PPG in FY 2004. For FY requests. For Fiscal Year 2004, EPA will substantial involvement including 2004, no more than one State and one consider funding requests up to a technical assistance and collaboration tribe or Intertribal Consortium per maximum of $1.5 million per State or on program development and site- Region, absent approval from the tribe. This limit may be changed in specific activities. Assistant Administrator, Office of Solid future years based on appropriation Progress Reports. States and tribes Waste and Emergency Response amounts and demand for funding. The will provide progress reports under 40 (OSWER) and the Associate EPA regional offices will forward each CFR 31.40, in accordance with terms Administrator, Office of Congressional of the funding request amounts and a and conditions of the cooperative and Intergovernmental Relations (OCIR), short summary of the work plan agreement negotiated with EPA regional will be permitted to include their 128(a) activities to EPA Headquarters. Based offices. State and tribal costs for grant funds in the PPG. EPA will on the availability of funds, EPA complying with reporting requirements establish a process and criteria for Headquarters will compile the requested are an eligible expense under the determining, in consultation with the amounts and develop the annual section 128(a) grant. As a minimum, States and tribes, whether PPGs are an allocation based on State and tribal State or tribal progress reports must efficient and effective means of carrying response program needs described in include both a narrative discussion and out the section 128(a) program on a the work plan summaries. performance data relating to the State’s long-term national basis. Section 128(a) When EPA Regions negotiate or tribe’s accomplishments with section funds used to capitalize an RLF will not individual State and tribal work plans, 128(a) funding. If applicable, the State be eligible for inclusion in the PPG. it is anticipated that funding will be or tribe must include information on Project Period. EPA regional offices prioritized as follows: activities related to establishing or will determine the project period for • Funding for program development enhancing the four elements of the each cooperative agreement. These may activities to establish or enhance the State’s or tribe’s response program. All be for multiple years depending on the four elements of a State or tribal recipients must provide information

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relating to establishing and maintaining or umbrella; site specific or blanket; authorities/mechanisms element may the public record. occurrence or claims made, etc.); include: Reporting Requirements. Depending • The number of sites covered by the • A narrative description and copies upon the activities included in the insurance; of applicable documents developed or State’s or tribe’s work plan, an EPA • The amount of funds spent on under development to enable the regional office may request that a environmental insurance (e.g., amount response program to conduct progress report include: dedicated to insurance program, or to enforcement and oversight at brownfield Information related to the public insurance premiums) and the amount of sites. For example: record. All recipients must report claims paid by insurers to policy • Legal authorities and mechanisms information related to establishing and holders. (e.g., statutes, regulations, orders, maintaining the public record, Reporting for site-specific assessment agreements); described above. States and tribes can or cleanup activities. Recipients with • Policies and procedures to refer to already existing public record, work plans that include funding for implement legal authorities; and e.g., Web site or other public database brownfields site assessments or cleanup • to meet this requirement. For the must report a list of sites at which site Other mechanisms; purposes of grant funding only, and assessments or cleanup have been • A description of the resources and depending upon the activities included completed that includes: staff allocated/to be allocated to the in the State or tribe’s work plan, this • Site name; response program to conduct oversight may include: • Location of the site (street address and enforcement at brownfield sites as • A list of sites at which response and latitude and longitude); a result of the grant; actions have been completed including: • Size of the site in acres; • A narrative description of how • Date the response action was • Date the assessment or cleanup was these authorities or other mechanisms, completed; completed; and resources, are adequate to ensure • Site name, the name of owner at • Nature of contamination at the site that: time of cleanup, and the type of (e.g., hazardous substances, • A response action will: brownfields site (e.g., petroleum, contaminants, or pollutants, petroleum • Protect human health and the methamphetamine laboratory, mine contamination, etc.). environment; and scarred lands); Reporting for other site-specific • Be conducted in accordance with • Location of the site (street address, activities. Recipients with work plans and latitude and longitude); applicable Federal and State law; and that include funding for other site- • • Whether an institutional control is specific related activities must include a If the person conducting the in place; description of the site-specific activities response action fails to complete the • Explain the type of the institutional and the number of sites at which the necessary response activities, including control in place (e.g., deed restriction); activity was conducted. For example: operation and maintenance or long-term • Nature of the contamination at the • Number and frequency of oversight monitoring activities, the necessary site (e.g., hazardous substances, audits of licensed site professional response activities are completed; and contaminants, or pollutants, petroleum certified cleanups; • A narrative description and copy of contamination, etc.); • Number and frequency of State/ appropriate documents demonstrating • Size of the site in acres. tribal oversight audits conducted; the exercise of oversight and • A list of sites planned to be • Number of sites where staff enforcement authorities by the response addressed by the state or tribal response conducted audits, provided technical program at a brownfield site. program including: assistance, or conducted other oversight Where applicable, EPA may require • Site name, the name of owner at activities; States/tribes to report specific time of cleanup, and the type of • Number of staff conducting performance measures related to the brownfields site (e.g., petroleum, oversight audits, providing technical four elements which can be aggregated methamphetamine laboratory, mine assistance, or conducting other for national reporting to Congress. scarred lands); oversight activities. The regional offices may also request • Location of the site (street address, Reporting for RLF uses. Recipients other information be added to the and latitude and longitude); with work plans that include funding progress reports, as appropriate, to • To the extent known, whether an for Revolving Loan Fund (RLF) must properly document activities described institutional control is in place; include the information required by the by the cooperative agreement work plan. • Explain the type of the institutional terms and conditions for progress EPA regions may allow States or control in place (e.g., deed restriction); reporting under CERCLA section tribes to provide performance data in • To the extent known, the nature of 104(k)(3) RLF grants. appropriate electronic format. the contamination at the site (e.g., Reporting for Non-MOA States and The regional offices will forward hazardous substances, contaminants, or tribes. All recipients without a progress reports to EPA Headquarters, if pollutants, petroleum contamination, Voluntary Response Program MOA must requested. This information may be etc.); report activities related to establishing used to develop national reports on the • Size of the site in acres. or enhancing the four elements of the outcomes of CERCLA section 128(a) Reporting environmental insurance. State’s or tribe’s response program. For funding to States and tribes. Recipients with work plans that include each element State/tribes must report funding for environmental insurance how they are maintaining the element or Dated: November 25, 2003. must report: how they are taking reasonable steps to Linda Garczynski, • Number and description of establish or enhance the element as Director, Office of Brownfields Cleanup and insurance policies purchased (e.g., type negotiated in individual State/tribal Redevelopment, Office of Solid Waste and of coverage provided; dollar limits of work plans. For example, pursuant to Emergency Response. coverage; category and identity of CERCLA section 128(a)(2)(B), reports on [FR Doc. 03–30519 Filed 12–8–03; 8:45 am] insured persons; premium; first dollar the oversight and enforcement BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION EPA requested the public to provide January 8, 2004. This determination AGENCY EPA with any significant data or shall become effective on January 8, information that may impact the 3 2004, if no timely and appropriate [FRL–7597–3] TMDLs at Federal Register Notice: request for a hearing is received and the Volume 68, Number 190, page 56632 Regional Administrator does not elect to Clean Water Act Section 303(d): Final (October 1, 2003). The comments hold a hearing on his own motion, and Agency Action on 3 Total Maximum received and EPA’s response to if no comments are received which Daily Loads (TMDLs) comments may be found at cause EPA to modify its tentative www.epa.gov/earth1r6/6wq/artmdl.htm approval. AGENCY: Environmental Protection Dated: December 1, 2003. Agency (EPA). ADDRESSES: Comments or a request for Miguel I. Flores, a public hearing must be submitted to ACTION: Notice of availability. Director, Water Quality Protection Division, the U.S. Environmental Protection Region 6. SUMMARY: This notice announces final Agency Region III, 1650 Arch Street, agency action on 3 TMDLs prepared by [FR Doc. 03–30515 Filed 12–8–03; 8:45 am] Philadelphia, PA 19103–2029. EPA Region 6 for waters listed in the BILLING CODE 6560–50–P Comments may also be submitted state of Arkansas, under section 303(d) electronically to Steve Maslowski at of the Clean Water Act (CWA). These [email protected]. TMDLs were completed in response to ENVIRONMENTAL PROTECTION All documents relating to this the lawsuit styled Sierra Club, et al. v. AGENCY determination are available for Clifford, et al., No. LR–C–99–114. [FRL–7596–9] inspection between the hours of 8 a.m. Documents from the administrative and 4:30 p.m., Monday through Friday, record files for the final 3 TMDLs, Notice of Tentative Approval and at the following offices: including TMDL calculations and Solicitation of Request for a Public • Drinking Water Branch, Water responses to comments, may be viewed Hearing for Public Water System Protection Division, U.S. Environmental at www.epa.gov/earth1r6/6wq/ Supervision Program Revisions for the Protection Agency Region III, 1650 Arch artmdl.htm State of Maryland Street, Philadelphia, PA 19103–2029. • Water Supply Program, Maryland ADDRESSES: The administrative record AGENCY: Environmental Protection Department of the Environment, files for these 3 TMDLs may be obtained Agency (EPA). Montgomery Park Business Center, 1800 by writing or calling Ms. Ellen Caldwell, ACTION: Notice of tentative approval and Washington Blvd, Baltimore, MD 21230. Environmental Protection Specialist, solicitation of requests for a public Water Quality Protection Division, U.S. hearing. FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency Steve Maslowski, Drinking Water Region 6, 1445 Ross Ave., Dallas, TX SUMMARY: Notice is hereby given in Branch (3WP22) at the Philadelphia 75202–2733. Please contact Ms. accordance with the provision of section address given above; telephone (215) Caldwell to schedule an inspection. 1413 of the Safe Drinking Water Act as 814–2371 or fax (215) 814–2318. amended, and the National Primary FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: All Drinking Water Regulations Ellen Caldwell at (214) 665–7513. interested parties are invited to submit Implementation 40 CFR part 142, that written comments on this determination SUPPLEMENTARY INFORMATION: In 1999, the State of Maryland is revising its and may request a public hearing. All five Arkansas environmental groups, the approved Public Water System Sierra Club, Federation of Fly Fishers, comments will be considered, and, if Supervision Program. Maryland has necessary, EPA will issue a response. Crooked Creek Coalition, Arkansas Fly adopted the Public Notification Rule Fishers, and Save our Streams Frivolous or insubstantial requests for a requiring the owner or operator of a hearing may be denied by the Regional (plaintiffs), filed a lawsuit in Federal public water system to give notice to the Court against the United States Administrator. However, if a substantial public for all violations of national request for a public hearing is made by Environmental Protection Agency primary drinking water regulations as (EPA), styled Sierra Club, et al. v. January 8, 2004, a public hearing will be well as for failure to comply with a held. Clifford, et al., No. LR–C–99–114. prescribed treatment technique, for Among other claims, plaintiffs alleged A request for public hearing shall failure to perform required water quality include the following: (1) The name, that EPA failed to establish Arkansas monitoring or for failure to comply with TMDLs in a timely manner. address, and telephone number of the prescribed testing procedures. It has individual, organization, or other entity EPA Takes Final Agency Action on 3 also adopted the Lead and Copper Rule requesting a hearing; (2) a brief TMDLs Minor Revisions, which makes minor statement of the requesting person’s changes to the existing Lead and Copper interest in the Regional Administrator’s By this notice EPA is taking final Rule, as well as adopting several other agency action on the following 3 TMDLs determination and of information that minor revisions to its regulations. EPA the requesting person intends to submit for waters located within the state of has determined that these revisions, all Arkansas: at such a hearing; and (3) the signature effective April 29, 2002, are no less of the individual making the request; or, stringent than the corresponding if the request is made on behalf of an Segment- Waterbody Pollutant reach name Federal regulations. Therefore, EPA has organization or other entity, the decided to tentatively approve these signature of a responsible official of the AR11110203– Stone Dam Ammonia. program revisions. All interested parties organization or other entity. 904–3. Creek. are invited to submit written comments AR11110203– Stone Dam Nitrates. on this determination and may request Donald S. Welsh, 904–3. Creek. a public hearing. Regional Administrator, Region III. AR11110203– Whig Creek ... Copper. [FR Doc. 03–30517 Filed 12–8–03; 8:45 am] 931–10. DATES: Comments or a request for a public hearing must be submitted by BILLING CODE 6560–50–P

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FEDERAL RESERVE SYSTEM Board, are available for immediate FEDERAL RESERVE SYSTEM inspection at the Federal Reserve Bank Change in Bank Control Notices; indicated. The application also will be Formations of, Acquisitions by, and Acquisition of Shares of Bank or Bank available for inspection at the offices of Mergers of Bank Holding Companies Holding Companies the Board of Governors. Interested persons may express their views in The companies listed in this notice The notificants listed below have writing on the standards enumerated in have applied to the Board for approval, applied under the Change in Bank the BHC Act (12 U.S.C. 1842(c)). If the pursuant to the Bank Holding Company Control Act (12 U.S.C. 1817(j)) and proposal also involves the acquisition of Act of 1956 (12 U.S.C. 1841 et seq.) § 225.41 of the Board’s Regulation Y (12 a nonbanking company, the review also (BHC Act), Regulation Y (12 CFR Part CFR 225.41) to acquire a bank or bank includes whether the acquisition of the 225), and all other applicable statutes holding company. The factors that are nonbanking company complies with the and regulations to become a bank considered in acting on the notices are standards in section 4 of the BHC Act holding company and/or to acquire the set forth in paragraph 7 of the Act (12 (12 U.S.C. 1843). Unless otherwise assets or the ownership of, control of, or U.S.C. 1817(j)(7)). noted, nonbanking activities will be the power to vote shares of a bank or The notices are available for conducted throughout the United States. bank holding company and all of the immediate inspection at the Federal Additional information on all bank banks and nonbanking companies Reserve Bank indicated. The notices holding companies may be obtained owned by the bank holding company, also will be available for inspection at from the National Information Center including the companies listed below. the office of the Board of Governors. website at http://www.ffiec.gov/nic/. The applications listed below, as well Interested persons may express their as other related filings required by the views in writing to the Reserve Bank Unless otherwise noted, comments regarding each of these applications Board, are available for immediate indicated for that notice or to the offices inspection at the Federal Reserve Bank of the Board of Governors. Comments must be received at the Reserve Bank indicated or the offices of the Board of indicated. The application also will be must be received not later than available for inspection at the offices of December 22, 2003. Governors not later than January 1, 2004. the Board of Governors. Interested A. Federal Reserve Bank of Kansas persons may express their views in A. Federal Reserve Bank of Cleveland City (James Hunter, Assistant Vice writing on the standards enumerated in (Nadine W. Wallman, Assistant Vice President) 925 Grand Avenue, Kansas the BHC Act (12 U.S.C. 1842(c)). If the President) 1455 East Sixth Street, City, Missouri 64198-0001: proposal also involves the acquisition of Cleveland, Ohio 44101-2566: 1. Jeffrey Reder, Westminster, a nonbanking company, the review also Colorado; William Schmidt, 1. National City Corporation, includes whether the acquisition of the Westminster, Colorado; and Tschudy Cleveland, Ohio; to merge with nonbanking company complies with the Schmidt, Fort Collins, Colorado; to Allegiant Bancorp, Inc., and thereby standards in section 4 of the BHC Act acquire additional voting shares of acquire Allegiant Bank, both of St. (12 U.S.C. 1843). Unless otherwise Mountain States Bancorporation, Louis, Missouri. noted, nonbanking activities will be Denver, Colorado, and thereby In connection with this application, conducted throughout the United States. indirectly acquire additional voting National City Corporation also has Additional information on all bank shares of Mountain States Bank, Denver, applied to acquire Allegiant Community holding companies may be obtained Colorado. Development Corporation, Allegiant from the National Information Center Board of Governors of the Federal Reserve Investment Counselors, Inc., and Web site at www.ffiec.gov/nic/. System, December 2, 2003. Equality Commodity Corporation, all in Unless otherwise noted, comments Robert deV. Frierson, St. Louis, Missouri, and thereby engage regarding each of these applications Deputy Secretary of the Board. in community development financing must be received at the Reserve Bank and investment activities; financing and [FR Doc. 03–30349 Filed 12–8–03; 8:45 am] indicated or the offices of the Board of investment advisory activities; and BILLING CODE 6210–01–S Governors not later than January 2, flood determination services activities 2004. pursuant to Sections 225.28(b)(12)(i), A. Federal Reserve Bank of Kansas 225.28(b)(6), and 225.28(b)(2) of FEDERAL RESERVE SYSTEM City (James Hunter, Assistant Vice Regulation Y. President) 925 Grand Avenue, Kansas Formations of, Acquisitions by, and B. Federal Reserve Bank of Chicago City, Missouri 64198-0001: (Patrick Wilder, Managing Examiner) Mergers of Bank Holding Companies 1. Lindoe, Inc., Ordway, Colorado, to 230 South LaSalle Street, Chicago, acquire 100 percent of the voting shares The companies listed in this notice Illinois 60690-1414: have applied to the Board for approval, of First National Bank of Lake City & 1. Bank of Montreal, Toronto, Canada, Creede, Lake City, Colorado. pursuant to the Bank Holding Company Bankmont Financial Corp., Wilmington, B. Federal Reserve Bank of Dallas Act of 1956 (12 U.S.C. 1841 et seq.) Delaware, and Harris Bankcorp, Inc., (W. Arthur Tribble, Vice President) 2200 (BHC Act), Regulation Y (12 CFR part Chicago, Illinois; to merge with North Pearl Street, Dallas, Texas 75201- 225), and all other applicable statutes Lakeland Financial Corp., Round Lake 2272: and regulations to become a bank Heights, Illinois, and thereby indirectly holding company and/or to acquire the acquire Lakeland Community Bank, 1. Southwest Bancorporation of assets or the ownership of, control of, or Round Lake Heights, Illinois. Texas, Inc., Houston, Texas, and the power to vote shares of a bank or Southwest Holding Delaware, Inc., bank holding company and all of the Board of Governors of the Federal Reserve Wilmington, Delaware, to acquire 100 banks and nonbanking companies System, December 2, 2003. percent of Reunion Bancshares, Inc., owned by the bank holding company, Robert deV. Frierson, Dallas, Texas, and indirectly acquire including the companies listed below. Deputy Secretary of the Board. Reunion Bancshares-Delaware, Inc., The applications listed below, as well [FR Doc. 03–30348 Filed 12–8–03; 8:45 am] Dover, Delaware, and Lone Star Bank, as other related filings required by the BILLING CODE 6210–01–S Dallas, Texas.

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In connection with this application, DEPARTMENT OF HEALTH AND ACTION: Notice. Southwest Bancorporation of Texas, HUMAN SERVICES Inc., Houston, Texas, and Southwest SUMMARY: Notice is hereby given that Holding Delaware, Inc., Wilmington, Food and Drug Administration the Office of Research Integrity (ORI) Delaware also have applied to acquire and the Acting Assistant Secretary for Oncologic Drugs Advisory Committee; Reunion Mortgage Services, Inc., Dallas, Health have taken final action in the Amendment of Notice Texas, and thereby engage in following case: nonbanking activities pursuant to AGENCY: Food and Drug Administration, Jianhua (James) Xu, M.S., University section 225.28(b)(1) of Regulation Y. HHS. of Alberta: Based on the University of Alberta (UA) Report, the respondent’s ACTION: Board of Governors of the Federal Reserve Notice. admissions, and additional analysis System, December 3, 2003. SUMMARY: The Food and Drug conducted by ORI in its oversight Robert deV. Frierson, Administration (FDA) is announcing an review, the U.S. Public Health Service Deputy Secretary of the Board. amendment to the notice of meeting of (PHS) found that Jianhua (James) Xu, [FR Doc. E3–00484 Filed 12–8–03; 8:45 am] the Oncologic Drugs Advisory M.S., former technician at UA, engaged in scientific misconduct in research BILLING CODE 6210–01–S Committee. This meeting was announced in the Federal Register of funded by National Heart, Lung, and November 18, 2003 (68 FR 65076– Blood Institute (NHLBI), National FEDERAL RESERVE SYSTEM 65077). The amendment is being made Institutes of Health (NIH), grant R01 to reflect a change in the Location HL61751–01. Sunshine Act Meeting portion of the document. There are no Mr. Xu performed experiments on the other changes. enzyme lipid phosphate phosphatase-1 AGENCY HOLDING THE MEETING (LPP–1) from a family of enzymes that : Board of FOR FURTHER INFORMATION CONTACT: Governors of the Federal Reserve Johanna Clifford, Center for Drug affect signal transduction by System. Evaluation and Research (HFD–21), glycerolipid and sphingolipid Food and Drug Administration, 5600 phosphate esters as second messengers. TIME AND DATE: 11:30 p.m., Monday, A typical experiment involved the December 15, 2003. Fishers Lane, Rockville, MD 20857, or by express delivery to: 5630 Fishers investigation of the effects on various PLACE: Marriner S. Eccles Federal Lane, rm. 1093, Rockville, MD 20852, glycerolipids, sphingolipids, and other Reserve Board Building, 20th and C 301–827–7001, or FDA Advisory related effector compounds on the Streets, N.W., Washington, D.C. 20551. Committee Information Line, 1–800– activity of LPP–1 either in tissue culture cells or isolated enzyme preparations. STATUS: Closed. 741–8138 (301–443–0572 in the Washington, DC area), code Mr. Xu falsified data by adding vanadate MATTERS TO BE CONSIDERED: 3014512542. Please call the Information to inhibit the enzyme LPP–1, in experiments that purported to show that 1. Personnel actions (appointments, Line for up-to-date information on this meeting. the inhibition was the result of adding promotions, assignments, natural lipid effectors. He was also reassignments, and salary actions) SUPPLEMENTARY INFORMATION: In the observed deliberately falsifying other involving individual Federal Reserve Federal Register of November 18, 2003 colleagues’ experiments in a similar System employees. (68 FR 65076–65077), FDA announced manner. that a meeting of the Oncologic Drugs 2. Any items carried forward from a Mr. Xu admits that he alone was Advisory Committee would be held on responsible for the falsification. previously announced meeting. December 16, 2003. On page 65077, in Specifically, Mr. Xu committed FOR FURTHER INFORMATION CONTACT: the first column, the Location portion of scientific misconduct by falsifying data the meeting is amended to read as Michelle A. Smith, Director, Office of for Figures 1A, 1B, 1C, 2B, 2D, 3, 4, 5, Board Members; 202–452–2955. follows: Location: CDER Advisory Committee 6, 7, and 8A that he published in: James SUPPLEMENTARY INFORMATION: You may Xu, et al. ‘‘Lipid phosphate conference rm. 1066, 5630 Fishers Lane, 2∂ call 202–452–3206 beginning at Rockville, MD. phosphatase-1 and Ca control approximately 5 p.m. two business days This notice is issued under the lysophosphatidate signaling through before the meeting for a recorded Federal Advisory Committee Act (5 EDG–2 receptors.’’ Journal of Biological announcement of bank and bank U.S.C. app. 2) and 21 CFR part 14, Chemistry 275:27520–27530, 2000. The holding company applications relating to advisory committees. paper was retracted in Journal of scheduled for the meeting; or you may Biological Chemistry 278:38104, 2003. Dated: December 3, 2003. Due to the falsified data, Manuscript contact the Board’s Web site at http:// William K. Hubbard, www.federalreserve.gov for an #C0007049 by Xu, et al. entitled Associate Commissioner for Policy and electronic announcement that not only ‘‘Transactivation of platelet-derived Planning. growth factor receptors by lists applications, but also indicates [FR Doc. 03–30436 Filed 12–8–03; 8:45 am] lysophosphatidate causes tryrosine procedural and other information about BILLING CODE 4160–01–S phosphorylation of lipid phosphate the meeting. phosphatase-1 and feedback inhibition Board of Governors of the Federal Reserve of EDG–2 receptor activation’’ was System, December 5, 2003. DEPARTMENT OF HEALTH AND withdrawn. Also, ORI concluded Mr. Xu Robert deV. Frierson, HUMAN SERVICES committed scientific misconduct by deliberately falsifying experiments of Deputy Secretary of the Board. Office of the Secretary [FR Doc. 03–30623 Filed 12–5–03; 1:33 pm] other colleagues in the laboratory by Findings of Scientific Misconduct adding vanadate to their experiments BILLING CODE 6210–01–S without the authorization or knowledge AGENCY: Office of the Secretary, HHS. of his colleagues.

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Mr. Xu provided the following in an DEPARTMENT OF HEALTH AND Therefore, forms such as the Trimester admission statement dated March 23, HUMAN SERVICES Interim Progress Report, CBA 2003: Notification Form, CBA Completion Centers for Disease Control and For the purpose of disposition of this Form, CBA Training Events Report are Prevention considered a critical component of the matter by the Office of Research monitoring and evaluation process. Integrity (‘‘ORI’’) of the U.S. Department 60Day–04–03] Since, this program will encompass of Health and Human Services, I Proposed Data Collections Submitted approximately 36 CBA provider confirm that I began falsifying results of for Public Comment and organizations, there is a need for a experiments, relating to the inhibition of Recommendations standardized system for reporting the enzyme lipid phosphate individual episodes of CBA delivered by phosphatase (LPP–1), in which I was In compliance with the requirement all CBA provider grantees. The initially involved. The falsification of Section 3506(c)(2)(A) of the collection of data will help CDC discern consisted of the addition of vanadate to Paperwork Reduction Act of 1995 for and refine national goals and objectives tubes containing certain substances. In opportunity for public comment on in the prevention of HIV. order to cover up my initial falsification, proposed data collection projects, the CBA providers will be required to I also falsified the experiments of others Centers for Disease Control and submit CBA Trimester Progress Reports who were doing related experiments. I Prevention (CDC) will publish periodic (form A). The purpose of the CBA only falsified these subsequent summaries of proposed projects. To Trimester Progress Report is to describe experiments to the extent necessary to request more information on the CBA undertaken during the previous proposed projects or to obtain a copy of cover up the original falsification and four months. The Trimester Progress the data collection plans and did not falsify any other experiments. Report will be a narrative on the instruments, call the CDC Reports programs’ successes and barriers; The research misconduct was Clearance Officer on (404) 498–1210. process and outcome monitoring data; significant because the research focused Comments are invited on: (a) Whether collaborative and cooperative activities on the study of signal transduction by the proposed collection of information with other organizations; and plans for lipid messenger molecules, which play is necessary for the proper performance future activities. an important role in regulating cellular of the functions of the agency, including To effectively track and monitor all processes as diverse as wound repair, whether the information shall have requests for capacity-building regeneration of injured corneal tissues, practical utility; (b) the accuracy of the assistance, CBA providers will be adipocyte growth obesity, and cell agency’s estimate of the burden of the required to submit a CBA Notification division potentially involved in the proposed collection of information; (c) Form (form B) following each contact development of cancers. ways to enhance the quality, utility, and with a CBO or HIV prevention clarity of the information to be stakeholder for CBA services. The Mr. Xu has entered into a Voluntary collected; and (d) ways to minimize the purpose of this form is to track all Exclusion Agreement (Agreement) in burden of the collection of information requests for services from CBOs, health which he has voluntarily agreed for a on respondents, including through the departments and stakeholders. Requests period of four (4) years, beginning on use of automated collection techniques for CBA from these CBOs and November 10, 2003: or other forms of information stakeholders are received by CBA (1) To exclude himself from any technology. Send comments to Anne providers on an on-going basis. contracting or subcontracting with any O’Connor, CDC Assistant Reports CBA providers will also be required to agency of the United States Government Clearance Officer, 1600 Clifton Road, submit a CBA Completion Form (form and from eligibility or involvement in MS–D24, Atlanta, GA 30333. Written C) following each episode of CBA nonprocurement programs of the United comments should be received within 60 service delivered to all CBOs and States Government referred to as days of this notice. stakeholders. The purpose of this form is to provide feedback and follow-up ‘‘covered transactions’’ as defined in the Proposed Project: HIV Prevention information to CDC Project Officers on debarment regulations at 45 CFR part Capacity-Building Assistance Information Collection: Reporting and the types of CBA services and quality of 76; and Monitoring System—New—National services that were delivered to all CBOs (2) to exclude himself from serving in Center for HIV, STD, and TB Prevention by CBA Providers. CBA Requests from any advisory capacity to PHS including (NCHSTP), Centers for Disease Control CBOs, health departments, and but not limited to service on any PHS and Prevention (CDC). stakeholders are received by CBA advisory committee, board, and/or peer providers on an on-going basis. Background review committee, or as a consultant. Information collection will be on-going CDC is requesting a 3-year clearance throughout the duration of the FOR FURTHER INFORMATION CONTACT: for information collection forms to cooperative agreements. Director, Division of Investigative monitor the HIV prevention activities of In addition, CBA providers will be Oversight, Office of Research Integrity, CBA provider grantees funded by CDC required to submit pre-planned CBA 1101 Wootton Parkway, Suite 750, from 2004 to 2009. These forms will be training events for a CBA Training Rockville, MD 20852, (301) 443–5330. used to collect information that assists Events Report (form D). The CBA Chris B. Pascal, in monitoring CBA services and Training Events Report is used to activities. CDC is responsible for disseminate planned capacity building Director, Office of Research Integrity. monitoring and evaluating HIV assistance activities delivered by CBA [FR Doc. 03–30535 Filed 12–8–03; 8:45 am] prevention activities conducted under providers, the CDC and other BILLING CODE 4150–31–P these cooperative agreements. This organizations providing training and requires that CDC have current technical assistance. The calendar is information regarding the progress of also used as a marketing tool to let CBA activities and services supported CBOs, health departments and through these cooperative agreements. stakeholders know what types of

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technical assistance and training minutes of preparation by the hours of preparation by the respondent. activities are available. respondent, and Form C will require 30 There are no costs to respondents other It is estimated that Form A will minutes of preparation by the than their participation in the collection require 4 hours of preparation by the respondent, and Form D will require 2 of information. respondent, Form B will require 15

Average bur- No. of re- den per re- Total burden Form name No. of respondents sponses per sponse (in hours) respondent (in hours)

Form A: CBA Trimester Report ...... 36 Grantees ...... 3 4 432 Form B: CBA Notification Form ...... 36 CBA Provider Grantees ...... 50 15/60 450 Form C: CBA Completion Form ...... 36 CBA Provider Grantees ...... 25 30/60 450 Form D: CBA Training Events Report ...... 36 CBA Provider Grantees ...... 12 2 864

Total ...... 2196

Dated: November 25, 2003. 395–6974. Written comments should be Safety Commission (CPSC). The NEISS– Laura Yerdon Martin, received within 30 days of this notice. AIP collects data about all types and Acting Director, Executive Secretariat, Proposed Project: The National external causes of non-fatal injuries and Centers for Disease Control and Prevention. Electronic Injury Surveillance System— poisonings treated in U.S. hospital [FR Doc. 03–30415 Filed 12–8–03; 8:45 am] All Injury Program (NEISS–AIP) Special emergency departments (EDs). BILLING CODE 4163–18–P Study on Motor Vehicle Safety—New— Currently, NEISS–AIP collects National Center for Injury Prevention information only on the most severe and Control (NCIPC), Centers for injury. CDC proposes to expand NEISS– DEPARTMENT OF HEALTH AND Disease Control and Prevention (CDC). AIP by inserting a special screen study HUMAN SERVICES Motor vehicle injuries are the leading for one year, which will be triggered by cause of death in the U.S. for people coding motor vehicle as the cause of the aged 1–34. In 2000, more than 40,000 Centers for Disease Control and injury. This special screen will permit people died as a result of motor vehicle- Prevention us to collect all injury diagnoses and related injuries. In addition, motor body parts affected (up to five), as well [30Day–09–04] vehicle injuries account for millions of emergency department visits annually, as restraint use and blood alcohol concentration for all motor vehicle Proposed Data Collections Submitted with many victims suffering permanent occupants, when this information is for Public Comment and disabilities. Our goal at the National included in the medical chart. The Recommendations Center for Injury Prevention and Control is to reduce these deaths and study will identify within that The Centers for Disease Control and disabilities. A recent priority-setting population, child occupants aged 0–12 Prevention (CDC) publishes a list of process revealed several gaps in our years. A telephone follow-back survey information collection requests under knowledge of motor vehicle safety that of parents and caregivers will then be review by the Office of Management and could be filled with enhancements to conducted to collect information about Budget (OMB) in compliance with the the NEISS All-Injury Program data their child’s seating position, restraint Paperwork Reduction Act (44 U.S.C. collection system. type, and vehicle and crash Chapter 35). To request a copy of these Scientific knowledge is being characteristics. This project will provide requests, call the CDC Reports Clearance advanced through an expansion of the vital information about the type and Officer at (404) 498–1210. Send written National Electronic Injury Surveillance number of injuries incurred in order to comments to CDC, Desk Officer, Human System All Injury Program (NEISS–AIP), improve upon existing interventions or Resources and Housing Branch, New a collaborative effort by CDC, National develop new interventions. The Executive Office Building, Room 10235, Center for Injury Prevention and Control estimated annualized burden is 271 Washington, DC 20503 or by fax to (202) (NCIPC) and the U.S. Consumer Product hours.

Average No. of re- burden/re- Survey No. of respondents sponses/re- sponse (in spondent hours)

NEISS Motor Vehicle Study (0–12) ...... 1,250 (screening) ...... 1 5/60 NEISS Motor Vehicle Study (0–12) ...... 1,000 (respondents) ...... 1 10/60

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Dated: December 1, 2003. ways to enhance the quality, utility, and Participating centers may collect data Laura Yerdon Martin, clarity of the information to be continuously, or may discontinue Acting Director, Executive Secretariat, collected; and (d) ways to minimize the participation at any time. CDC estimates Centers for Disease Control and Prevention. burden of the collection of information that the average center will participate [FR Doc. 03–30425 Filed 12–8–03; 8:45 am] on respondents, including through the for nine months. Each month, BILLING CODE 4163–18–P use of automated collection techniques participating centers will record the or other forms of information number of hemodialysis patients they technology. Send comments to Seleda treat and maintain a log of all DEPARTMENT OF HEALTH AND Perryman, CDC Assistant Reports hospitalizations and intravenous (IV) HUMAN SERVICES Clearance Officer, 1600 Clifton Road, antimicrobial starts. For each MS–D24, Atlanta, GA 30333. Written hospitalization or IV antimicrobial start, Centers for Disease Control and comments should be received within 60 further information (e.g., type of Prevention days of this notice. vascular access, clinical symptoms, [60Day–04–13] Proposed Project: Surveillance for presence of a vascular access infection, Bloodstream and Vascular Access and blood culture results) will be Proposed Data Collections Submitted Infections in Outpatient Hemodialysis collected. These data may be reported to for Public Comment and Centers, (0920–0442)—Extension— CDC on paper forms or via a secure Recommendations National Center for Infectious Diseases Internet site. CDC aggregates this data In compliance with the requirement (NCID), Centers for Disease Control and and generates reports which are sent to of section 3506(c)(2)(A) of the Prevention (CDC). participating dialysis centers. Paperwork Reduction Act of 1995 for CDC is proposing an extension of a Centers that participate in the opportunity for public comment on surveillance survey of bloodstream Internet-based reporting system may proposed data collection projects, the infections, vascular access infections, also analyze their own data and print Centers for Disease Control and infections caused by hospitalization, out reports as desired. Rates of Prevention (CDC) will publish periodic and antimicrobial infections, all of bloodstream infection, vascular access summaries of proposed projects. To which starts at U.S. outpatient infection, and antimicrobial use per request more information on the hemodialysis centers. Although 1000 patient-days will be calculated. proposed projects or to obtain a copy of bloodstream and vascular access Also, the percentage of antimicrobial the data collection plans and infections are common in hemodialysis starts for which a blood culture is instruments, call the CDC Reports patients, prior to this system there was performed will be calculated. Through Clearance Officer at (404) 498–1210. no previous system to record and track use of these data, dialysis centers will Comments are invited on: (a) Whether these complications. be able to track rates of key infectious the proposed collection of information Participation in the proposed project complications of hemodialysis. This is necessary for the proper performance is voluntary. Currently about 80–90 will facilitate quality control of the functions of the agency, including centers report data each month. We improvements to reduce the incidence whether the information shall have estimate that about 100 of the of infections, and clinical practice practical utility; (b) the accuracy of the approximately 4,500 U.S. outpatient guidelines to improve use of agency’s estimate of the burden of the hemodialysis centers will participate in antimicrobials. The total cost to the proposed collection of information; (c) the coming years. respondents is $157,500.

Number of re- Average bur- Form Number of re- sponses per den per re- Total burden spondents respondent sponse (in hours)

Agreement to participate and Practices Survey ...... 100 1 1 100 Census Form ...... 100 12 1 1,200 Log ...... 100 10 1 1,000 Incident Form ...... 100 200 12/60 4,000

Total ...... 6,300

Dated: December 1, 2003. DEPARTMENT OF HEALTH AND Prevention (CDC) will publish periodic Laura Yerdon Martin, HUMAN SERVICES summaries of proposed projects. To Acting Director, Executive Secretariat, request more information on the Centers for Disease Control and Prevention. Centers for Disease Control and proposed projects or to obtain a copy of Prevention [FR Doc. 03–30426 Filed 12–8–03; 8:45 am] the data collection plans and instruments, call the CDC Reports BILLING CODE 4163–18–P [60Day–04–11] Clearance Officer on (404) 498–1210. Proposed Data Collections Submitted Comments are invited on: (a) Whether for Public Comment and the proposed collection of information Recommendations is necessary for the proper performance of the functions of the agency, including In compliance with the requirement whether the information shall have of section 3506(c)(2)(A) of the practical utility; (b) the accuracy of the Paperwork Reduction Act of 1995 for agency’s estimate of the burden of the opportunity for public comment on proposed collection of information; (c) proposed data collection projects, the ways to enhance the quality, utility, and Centers for Disease Control and clarity of the information to be

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collected; and (d) ways to minimize the infants by reducing adverse outcomes responsive to changes in public health burden of the collection of information such as low birth weight, infant priorities and policies, including the on respondents, including through the mortality and morbidity, and maternal needs of the state programs and the use of automated collection techniques morbidity. PRAMS provides state- wider MCH community. or other forms of information specific data for planning and assessing A key component of the PRAMS technology. Send comments to Anne health programs and for describing evaluation is a semi-structured mail O’Connor, CDC Assistant Reports maternal experiences that may survey of all 32 PRAMS program Clearance Officer, 1600 Clifton Road, contribute to maternal and infant health. directors. The focus of the mail-in MS-D24, Atlanta, GA 30333. Written PRAMS collects data that are survey will be to examine ways to make comments should be received within 60 unavailable through other surveillance PRAMS data accessible for analysis, days of this notice. systems and has become a critical factors promoting capacity and Proposed Project: Pregnancy Risk mechanism for identifying and utilization, costs, indicators of success, Assessment Monitoring System monitoring trends, informing program and additional resources needed to (PRAMS) Program Evaluation—New— evaluations and policy decisions, and improve quality and responsiveness. National Center for Chronic Disease tracking progress toward Healthy People Prior to fielding the survey, a research Prevention and Health Promotion 2010 objectives that are related to contractor will conduct one to two hour (NCCDPHP), Centers for Disease Control maternal and child health. Currently 31 interviews with 3 to 4 program and Prevention (CDC). states and New York City administer representatives. These interviews will Background PRAMS, representing 62% of all U.S. help to reduce overall respondent births. The objectives of the program burden by assessing whether the survey The Pregnancy Risk Assessment evaluation are threefold: Monitoring System (PRAMS) is a is comprehensible and relevant, surveillance project of the CDC, 1. To inform the operational, analytic, whether the terms and phrases are National Center for Chronic Disease translation, and capacity building understood as intended, and whether it Prevention and Health Promotion and functions of the current PRAMS system is easy to read. state health departments. PRAMS and make them more efficient, effective The information obtained from this collects state-specific, population-based and capable of meeting future needs. data collection will help the CDC meet data on maternal attitudes and 2. To provide information that will its evaluation objectives as described experiences prior to, during, and guide the expansion and support of above, responses are voluntary. No immediately following pregnancy. additional state PRAMS programs. proprietary items or sensitive The goal of the PRAMS project is to 3. To provide information that will information will be collected. There is improve the health of mothers and enable the PRAMS system to be more no cost to respondents.

Average bur- Number of re- Number of re- den per re- Total bur- Form spondents sponses per sponse den respondent (in hours) (in hours)

Mail-in Survey ...... 32 1 60/60 32

Dated: December 1, 2003. request more information on the Proposed Project: Coal Workers’ X-ray Laura Yerdon Martin, proposed projects or to obtain a copy of Surveillance Program (CWXSP), OMB Acting Director, Executive Secretariat, the data collection plans and No. 0920–0020—Extension—National Centers for Disease Control and Prevention. instruments, call the CDC Reports Institute for Occupational Safety and [FR Doc. 03–30427 Filed 12–8–03; 8:45 am] Clearance Officer on (404)498–1210. Health (NIOSH), Centers for Disease BILLING CODE 4163–18–P Comments are invited on: (a) Whether Control and Prevention (CDC). the proposed collection of information Background is necessary for the proper performance DEPARTMENT OF HEALTH AND of the functions of the agency, including The CWXSP is a federally mandated HUMAN SERVICES whether the information shall have program under the Federal Mine Safety Centers for Disease Control and practical utility; (b) the accuracy of the and Health Act of 1977, Pub. L. 95–164. Prevention agency’s estimate of the burden of the The Act provides the regulatory proposed collection of information; (c) authority for the administration of the [60Day–04–12] ways to enhance the quality, utility, and CWXSP, a surveillance program to protect the health and safety of Proposed Data Collections Submitted clarity of the information to be underground coal miners. This Program for Public Comment and collected; and (d) ways to minimize the requires the gathering of information Recommendations burden of the collection of information on respondents, including through the from coal mine operators, participating In compliance with the requirement use of automated collection techniques miners, participating x-ray facilities, of section 3506(c)(2)(A) of the or other forms of information and participating physicians. The Paperwork Reduction Act of 1995 for technology. Send comments to Anne Appalachian Laboratory for opportunity for public comment on O’Connor, CDC Assistant Reports Occupational Safety and Health proposed data collection projects, the Clearance Officer, 1600 Clifton Road, (ALOSH), located in Morgantown, WV, Centers for Disease Control and MS–D24, Atlanta, GA 30333. Written is charged with administration of this Prevention (CDC) will publish periodic comments should be received within 60 Program. There are no costs to summaries of proposed projects. To days of this notice. respondents.

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Number of re- Average bur- Respondents Number of re- sponses/re- den/response Total burden spondents spondent (in hours) (in hours)

Physicians/interpretations ...... 5000 1 3/60 250 Physicians/certification ...... 300 1 10/60 50 Miners ...... 2500 1 20/60 833 Mine operators ...... 200 1 30/60 100 X-ray facilities ...... 25 1 30/60 13

Total ...... 1246

Dated: December 1, 2003. on the Internet at http://www.fda.gov/ Dr. Lin’s violation of a material Laura Yerdon Martin, ohrms/dockets. provision of the Agreement, the parties Acting Director, Executive Secretariat, Dated: December 3, 2003. have agreed to extend the term of Dr. Centers for Disease Control and Prevention. Jeffrey Shuren, Lin’s voluntary exclusion through April 29, 2007. [FR Doc. 03–30428 Filed 12–8–03; 8:45 am] Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4163–18–P [FR Doc. 03–30534 Filed 12–8–03; 8:45 am] Director, Division of Investigative BILLING CODE 4160–01–S Oversight, Office of Research Integrity, DEPARTMENT OF HEALTH AND 5515 Security Lane, Suite 700, HUMAN SERVICES DEPARTMENT OF HEALTH AND Rockville, MD 20852, (301) 443–5330. Food and Drug Administration HUMAN SERVICES Chris Pascal, J.D., Director, Office of Research Integrity. [Docket No. 2003N–0066] Office of the Secretary [FR Doc. 03–30536 Filed 12–8–03; 8:45 am] Agency Information Collection Additional Action on Findings of BILLING CODE 4150–31–P Activities; Announcement of the Office Scientific Misconduct of Management and Budget Approval; AGENCY: Office of the Secretary, HHS. Inspection by Accredited Persons DEPARTMENT OF HEALTH AND ACTION: Notice. Program Under the Medical Device HUMAN SERVICES User Fee and Modernization Act of SUMMARY: Notice is hereby given that Health Resources and Services 2002 the Office of Research Integrity (ORI) Administration and the Assistant Secretary for Health AGENCY: Food and Drug Administration, have taken final additional action in the [Announcement Number: HRSA–04–077] HHS. following case: ACTION: Notice. Kuei-Fu (Tom) Lin, D.V.M., Medical Maternal and Child Health Federal Set- University of South Carolina (MUSC): Aside Program; Special Projects of SUMMARY: The Food and Drug Based on the report of an investigation Regional and National Significance; Administration (FDA) is announcing conducted by MUSC and additional Community-Based Abstinence that a collection of information entitled analysis conducted by ORI in its Education Project Grants (CBAE); ‘‘Inspection by Accredited Persons oversight review, the U.S. Public Health CFDA #93.110 Program Under the Medical Device User Service (PHS) found on June 12, 2001, Fee and Modernization Act of 2002’’ has AGENCY: Health Resources and Services that Dr. Lin, a former graduate student, been approved by the Office of Administration, HHS. Department of Biochemistry and Management and Budget (OMB) under ACTION: Notice of availability of funds. Molecular Biology at MUSC, engaged in the Paperwork Reduction Act of 1995. scientific misconduct in research SUMMARY: The Health Resources and FOR FURTHER INFORMATION CONTACT: supported by the National Heart, Lung, Services Administration (HRSA) Peggy Robbins, Office of Management and Blood Institute (NHLBI), National announces that approximately $33 Programs (HFA–250), Food and Drug Institutes of Health (NIH), grants R01 million in fiscal year (FY) 2004 funds Administration, 5600 Fishers Lane, HL29397, ‘‘Regulation and Function of will be available for making competitive Rockville, MD 20857, 301–827–1223. Renal Kallikrein,’’ and R01 HL56686, grants to provide abstinence education SUPPLEMENTARY INFORMATION: In the ‘‘Gene Therapy in Experimental to adolescents, subject to the availability Federal Register of October 8, 2003 (68 Hypertension and Renal Diseases,’’ by of appropriations. There are no cost FR 58113), the agency announced that falsifying data published in publications sharing, matching or cost participation the proposed information collection had in Hypertension 26:847–853, 1995, requirements of the program. Eligibility been submitted to OMB for review and Hypertension Research 20:269–277, is open to public and private entities, clearance under 44 U.S.C. 3507. An 1997, and Human Gene Therapy including faith-based and community agency may not conduct or sponsor, and 9:1429–1438, 1998. organizations, which develop and/or a person is not required to respond to, Subsequent to the execution of a provide an abstinence program a collection of information unless it three-year Voluntary Exclusion consistent with the definition of displays a currently valid OMB control Agreement (Agreement), Dr. Lin ‘‘abstinence education’’ in section 510 number. OMB has now approved the continued to receive PHS funds through of the Social Security Act. In addition, information collection and has assigned April 30, 2003, in material violation of the entity must agree not to provide a OMB control number 0910–0510. The the Agreement. Based on Dr. Lin’s participating adolescent any other approval expires on November 30, 2006. aforementioned violation, and in lieu of education regarding sexual conduct in A copy of the supporting statement for initiation of debarment proceedings the same setting. All awards will be this information collection is available authorized by 45 CFR § 76.305(c)(4) for made under the program authority of

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section 501(a)(2) of the Social Security at the logistics contractor’s Web site at Maryland 20879, telephone: 877–474– Act, the Maternal and Child Health www.psava.com/abed. The deadline for 2345, E-mail: [email protected]. Upon (MCH) Federal Set-Aside Program (42 receipt of applications is February 9, receipt of a paper application, the U.S.C. 701(a)(2)) and will be 2004. Applications will be considered Grants Application Center will mail an administered by the Maternal and Child ‘‘on time’’ if they are either received on acknowledgment of receipt to the Health Bureau (MCHB), HRSA. HRSA or before the deadline date or applicant organization’s Program will encourage collaboration from other postmarked or E marked on or before Director. Federal agencies that have an interest in the deadline date and received in time HRSA encourages applicants to abstinence education, such as the for the Independent Review Committee submit applications on-line. To register Administration for Children and review. In the event that questions arise and/or log-in to prepare your Families (ACF) and the Office of about meeting the application due date, application, go to https:// Population Affairs (OPA). Contingent on applications must have a legibly dated grants.hrsa.gov/webexternal/login.asp. the availability of funding, up to 70 receipt from a commercial carrier or the For assistance in using the on-line three-year implementation grants, with U.S. Postal Service. Private metered application system, call 877-GO4-HRSA annual awards ranging from $250,000 to postmarks will not be accepted as proof (877–464–4772) between 8:30 a.m. to $800,000, will be awarded. Projects may of timely mailing. Applications 5:30 p.m. ET or e-mail be located in any State, the District of submitted electronically will be time/ [email protected]. Columbia, and United States territories, date stamped electronically, which will When available, application guidance commonwealths, and possessions. serve as receipt of submission. The and the required form for the However, to ensure that there is a more projected award date is July 1, 2004. Community-Based Abstinence even geographic distribution of grantees, Applications which do not meet the Education Grant Program may be special consideration will be given to criteria above are considered late downloaded in either Word or Adobe highly ranked applications in States that applications. HRSA shall notify each Acrobat format (.pdf) from the HRSA do not have a Federally-funded Special late applicant that its application will homepage at http://www.hrsa.gov/ Projects of Regional and National not be considered in the current grants/preview/. Significance (SPRANS) Community- competition. Applicants should note that HRSA is Based Abstinence Education grant. currently accepting grant applications ADDRESSES: To receive a complete online. Please refer to the HRSA grants This Federal Register announcement application kit, applicants may contact will appear on the HRSA Home Page at: schedule at http://www.hrsa.gov/ the HRSA Grants Application Center at grants.htm for more information. The http://www.hrsa.gov. Federal Register 1–877–477–2123 (1–877–HRSA–123) by notices are found by following automated application process should telephone, or register on-line at: http:// be faster, easier and better for applicants instructions at: www.gpoaccess.gov/fr/ www.hrsa.gov, or by accessing http:// index.html. and for HRSA. We encourage you to www.hrsa.gov/g_order3.htm directly. take advantage of this new option. DATES: Applicants for this program are This program uses the standard Form Applicants will be notified through the requested to notify MCHB’s Division of PHS 5161–1 (rev. 7/00) for applications same channels that currently announce State and Community Health by (approved under OMB No. 0920–0428). the availability of downloadable and December 31, 2003. Please note that a Applicants must use the appropriate paper application materials, including ‘‘notice of intent to submit an Catalog of Federal Domestic Assistance notices on HRSA Web sites and e-mail application’’ will be used as a (CFDA) number when requesting communications. Once the automated mechanism to deliver technical application materials. The CFDA is a system is in place, applications can be assistance and to assist in the planning Government wide compendium of submitted on-line and applicants will of the objective review; it is not a enumerated Federal programs, projects, receive an electronic confirmation of the requirement of the application process. services, and activities which provide submission. Applicants will need to Notification can be made in one of three assistance. The CFDA Number for the print the face page, sign it, and submit ways: telephone, 301–443–2204; fax, Community-Based Abstinence it to the HRSA Grants Application 301–443–9354; or mail, MCHB, HRSA; Education Project Grant Program is Center, 901 Russell Avenue, Suite 450, Division of State and Community #93.110. Gaithersburg, MD 20879; telephone 1– Health; Parklawn Building, Room 18– If applying on paper, the entire 877–477–2123. 31; 5600 Fishers Lane; Rockville, MD application may not exceed 80 pages in Beginning October 1, 2003, all 20857. MCHB is sponsoring five, one- length, including the abstract, project applicant organizations are required to day pre-application workshops in and budget narratives, face page, have a Data Universal Numbering December 2003 to assist potental attachments, any appendices and letters System (DUNS) number in order to applicants in preparing applications of commitment and support. Pages must apply for a grant from the Federal that address the requirements of the be numbered consecutively. If applying Government. The DUNS number is a SPRANS Community-Based Abstinence on-line, the total size of all uploaded unique nine-character identification Education Project Grant program, as files may not exceed 10 MB. number provided by the commercial described in the Application Guidance. Applications that exceed the specified company, Dun and Bradstreet. There is Attendance at a pre-application limits will be deemed non-compliant, no charge to obtain a DUNS number. workshop is not mandatory. The and will be returned to the applicant Information about obtaining a DUNS tentative dates and locations of the five without further consideration. can be found at http://www.hrsa.gov/ workshops are as follows: Kansas City, If you choose to submit a paper grants/duns.htm or call 1–866–705– December 16; San Diego, December 18; application, please send the original and 5711. Please include the DUNS number Atlanta, January 5; Boston, January 6; two copies to: Grants Management next to the OMB approval number on and Baltimore, January 9. Registration Officer (MCHB), HRSA Grants the application face page. Applications information and possible schedule Application Center, ATTN: Program will not be reviewed without a DUNS changes for these workshops will be Announcement No. HRSA–04–0777, number. posted on the MCHB Homepage at The Legin Group, Inc., 901 Russell Additionally, the applicant www.mchb.hrsa.gov, and can be viewed Avenue, Suite 450, Gaithersburg, organization will be required to register

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with the Federal Government’s Central health. MCHB also encourages interventions designed to reduce the Contractor Registry (CCR) in order to do collaboration among Federal agencies proportion of adolescents who have business with the Federal Government, with an interest in abstinence-only engaged in premarital sexual activity, including electronic. Information about education programs, such as ACF and including but not limited to sexual registering with the CCR can be found OPA. intercourse; reduce the incidence of out- at http://www.hrsa.gov/grants/ccr.htm. Projects funded through the SPRANS of-wedlock pregnancies among FOR FURTHER INFORMATION CONTACT: Community-Based Abstinence adolescents; and reduce the incidence of Donna Hutten, 301–443–5839 (for Education Grant Program share a sexually transmitted diseases among questions specific to project activities of common definition of ‘‘abstinence adolescents. the program, program objectives, or the education’’ with the Section 510-funded Specific objectives for the SPRANS Letter of Intent described above); and State programs. For purposes of both Community-Based Abstinence Pamela Bell, 301–443–3504 (for grants programs (as well as abstinence Education planning and implementation policy, budgetary, and business education programs funded under the grants are to: • questions). Title XX Adolescent Family Life Support programmatic efforts that foster the development of abstinence- SUPPLEMENTARY INFORMATION: program), the term ‘‘abstinence education’’ means ‘‘an educational or only education for adolescents, ages 12 Abstinence-only education programs are through 18, in communities across the one way to educate young people and motivational program which— (A) has as its exclusive purpose, country. create an environment within • Develop and implement abstinence- communities that support teen teaching the social, psychological, and health gains to be realized by abstaining only programs that target the prevention decisions to postpone sexual activity. of teenage pregnancy and premature Between 1991 and 2001, the prevalence from sexual activity; (B) teaches abstinence from sexual sexual activity. of sexual experience decreased 16 • activity outside marriage as the Develop abstinence education percent among high school students expected standard for all school age approaches that are culturally sensitive (CDC, MMWR, September 27, 2002). In children; and age-appropriate to meet the needs of 2001, 45.6 percent of high school (C) teaches that abstinence from a diverse audience of adolescents, ages students reported having had sexual sexual activity is the only certain way 12 through 18. • intercourse and 33.4 percent reported to avoid out-of-wedlock pregnancy, Implement curriculum-based having had sexual intercourse within sexually transmitted diseases, and other community education programs that the previous three months ((CDC, associated health problems; promote abstinence decisions to MMWR, June 28, 2002). There are some (D) teaches that a mutually faithful adolescents, ages 12 through 18. indications that early sexual intercourse monogamous relationship in the context The SPRANS Community-Based by adolescents can have negative effects of marriage is the expected standard of Abstinence Education Project Grants on social and psychological human sexual activity; Program is complementary to the Title development. Research shows that teen (E) teaches that sexual activity outside V ‘‘Section 510’’ Abstinence Education pregnancy is linked to a list of risk of the context of marriage is likely to Grant Program. Activities funded under factors similar to those for other have harmful psychological and the SPRANS Community-Based problem behaviors of adolescence, such physical effects; Abstinence Education Project Grants as alcohol and drug use, violence, (F) teaches that bearing children out- should enhance the State grantees’ delinquency, and school drop-out. Teen of-wedlock is likely to have harmful efforts to achieve performance goals and parenting is associated with the lack of consequences for the child, the child’s objectives established for the existing high school completion and the parents, and society; Section 510 projects in accordance with initiation of a cycle of poverty for (G) teaches young people how to the requirements of the ‘‘Government mothers. The Department of Health and reject sexual advances and how alcohol Performance and Results Act (GPRA) of Human Services established the and drug use increases vulnerability to 1993’’ (Public Law 103–62). This Act reduction of teen pregnancies as a sexual advances; and requires the establishment of priority goal in its 1997 strategic plan. (H) teaches the importance of measurable goals for Federal programs Based on preliminary U.S. birth data for attaining self-sufficiency before that can be reported as part of the 2002, birth rates for teenagers have engaging in sexual activity.’’ budgetary process, thus linking funding continued their steady decline. Overall, Curriculum developed or selected for decisions with performance. While the teen birth rate has declined 28 implementation in the SPRANS SPRANS Community-Based Abstinence percent since 1990. The birth rates for Community-Based Abstinence Education Program grantees are not teenagers 15–17 years and 18–19 years Education Grants Program must address responsible for establishing individual have declined 38 and 18 percent, all eight elements of the Section 510 program performance targets, grantees respectively since 1990 (CDC, NCHS, abstinence education definition and are expected to collect and annually Vital Statistics Report, June 25, 2003). may not be inconsistent with any aspect report program data that address the six Consistent with other SPRANS grant of that definition. program performance measures programs, MCHB encourages Authorization: Section 501(a)(2) of the presented in Figure 1. This data coordination and collaboration between Social Security Act, 42 U.S.C. 701(a)(2). collection and reporting is essential to the State agencies administering a Purpose: The purpose of the SPRANS the Agency’s efforts to assess program- Section 510 abstinence education grant Community-Based Abstinence wide performance and progress towards and community-based organizations Education Grant Program is to provide achieving the performance measure applying for a SPRANS Community- support to public and private entities for objectives. Based Abstinence Education Project the development and implementation of grant. Such coordination and abstinence education programs for Figure 1.—SPRANS Community-Based collaboration is considered beneficial in adolescents, ages 12 through 18. This Abstinence Education Grant Program promoting complementary efforts program funds the planning and Performance Measures between State and community agencies implementation of community-based, 1. Proportion of program participants and advancing maternal and child abstinence-only educational who successfully complete or remain

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enrolled in an abstinence-only SPRANS programs, consultation and and/or experience for their roles in the education program. collaboration between the SPRANS project and the applicant organization 2. Proportion of adolescents who Community-Based Abstinence has adequate facilities and personnel; understand that abstinence from sexual Education grantees and State section and activity is the only certain way to avoid 510 grantees are encouraged throughout (5) The extent to which, insofar as out-of-wedlock pregnancy and sexually the life of the project. practicable, the proposed activities, if transmitted disease. Applicants should be aware that well executed, are capable of attaining 3. Proportion of adolescents who SPRANS Community-Based Abstinence project objectives. indicate an understanding of the social, Education Project grantees and their More specific review criteria used to psychological and health gains to be contractors/sub-grantees may not review and rank applications for the realized by abstaining from premarital expend Federal funds for sectarian SPRANS Community-Based Abstinence sexual activity. instruction, worship, prayer, or Education grant program are included in 4. Proportion of participants who proselytization. the application kit. Applicants should report they have refusal or assertiveness Eligibility: Under SPRANS project pay strict attention to addressing all the skills necessary to resist sexual urges grant regulations at 42 CFR part 51a.3, criteria delineated in the application kit and advances. any public or private entity, including program guidance, as they are the basis 5. Proportion of youth who commit to an Indian tribe or tribal organization (as upon which their applications will be abstain from sexual activity until defined at 25 U.S.C. 450b), is eligible to judged. marriage. apply for grants covered by this Special consideration will be given to 6. Proportion of participants who announcement. State agencies entities in local communities which intend to avoid situations and risk responsible for the administration of the demonstrate a strong record of support behaviors, such as drug use and alcohol Section 510 Abstinence Education for abstinence education among consumption, which make them more Grant, non-profit organizations and adolescents. In addition, previous vulnerable to sexual advances and other community-based organizations, SPRANS Community-Based Abstinence urges. including faith-based organizations, are Education grantees will receive this eligible to apply for funding under a Each SPRANS Abstinence Education special consideration. SPRANS Community-Based Abstinence To ensure that there is a geographic grantee will be required to submit an Education Project Grant. Projects must distribution of grantees, special Annual Progress Summary on its clearly and consistently focus on the consideration may be given to highly activities, including a narrative designated definition of ‘‘abstinence ranked applications in States that do not discussion of the project’s progress education’’ and applicants must agree currently have a funded SPRANS toward achieving its goals and not to provide a participating adolescent Community-Based Abstinence objectives, an unduplicated count of any other education regarding sexual Education grant. clients served, total number of client conduct in the same setting. Public Health System Reporting encounters, a list of the communities Funding Level/Project Period: Requirements: This program is subject served, and a description of the type of Contingent on available funding, to the Public Health System Reporting project activities being implemented. approximately $33 million will be Requirements (approved under OMB Applications for SPRANS awarded to support up to 70 new three- No. 0937–0195). Under these Community-Based Abstinence year implementation grants in FY 2004, requirements, the community-based Education implementation grants are with awards ranging from $250,000 to nongovernmental applicant must required to include a data collection $800,000 per year. The project period prepare and submit a Public Health plan that addresses the specified consists of three budget periods, each System Impact Statement (PHSIS). The performance measures. In the Annual generally of one year duration. PHSIS is intended to provide Progress Summary, implementation Continuation of any project from one information to State and local health grantees will document program data for budget period to the next is subject to officials to keep them apprised of each performance measure. Further satisfactory performance and proposed health services grant information on reporting requirements availability of funds. applications submitted by community- for this program and instructions Review Criteria: The following are based nongovernmental organizations regarding application requirements are generic review criteria applicable to all within their jurisdictions. included in the Program Guidance. MCHB programs: Community-based nongovernmental Curriculum developed or selected for (1) The extent to which the project applicants are required to submit the implementation in the SPRANS will contribute to the advancement of following information to the head of the Community-Based Abstinence maternal and child health and/or appropriate State and local health Education Grants Program must address improvement of the health of children agencies in the area(s) to be impacted no all eight elements of the Section 510 with special health care needs; later than the Federal application abstinence education definition and (2) The extent to which the project is receipt due date: may not be inconsistent with any responsive to policy concerns (a) A copy of the face page of the element of that definition. applicable to MCH grants and to application (SF 424). Applicants are required to complete a program objectives, requirements, (b) A summary of the project (PHSIS), Curriculum Summary form for every priorities and/or review criteria for not to exceed one page, which provides: proposed curriculum, which includes specific project categories, as published (1) A description of the population to documentation that the curriculum is in program announcements or guidance be served. responsive to and consistent with each materials; (2) A summary of the services to be of the eight elements of the section 510 (3) The extent to which the estimated provided. abstinence education definition. cost to the Government of the project is (3) A description of the coordination Applicants are required to describe any reasonable, considering the anticipated planned with the appropriate State and proposed modifications to the results; local health agencies. curriculum(a) to address areas of non- (4) The extent to which the project It is also permissible to substitute the compliance. Consistent with other personnel are well qualified by training Project Abstract in place of the PHSIS.

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Paperwork Reduction Act of 1995: with protracted low- to moderate-dose ultraviolet (UV) radiation exposure to Data collection requirements have been radiation exposures. With this assess in greater detail the risks of approved by the Office of Management submission, the NIH, Office of melanoma and non-melanoma skin and Budget (OMB) and are in effect, as Communications and Public Liaison, cancer associated with UV and ionizing required under the Paperwork seeks to obtain OMB’s generic approval radiation exposures, separately and Reduction Act of 1995 (OMB No. 0915– to conduct occasional surveys of a jointly. Subsequent surveys will collect 0272). cohort of U.S. radiologic technologist to updated information on medical Executive Order 12372: The MCH ascertain incident cancers, benign outcomes and risk factors of interest at Federal Set-Aside program has been conditions associated with high risk of that time. All surveys will be in optical- determined to not be a program which cancer, and selected other health read format for computerized data is subject to the provisions of Executive outcomes, as well as demographic, capture. Frequency of Response: On Order 12372 concerning lifestyle, reproductive, employment, occasion. Affected Public: U.S. intergovernmental review of Federal and other characteristics that may radiologic technologists who have programs. influence health risks. Researchers an willingly participated in earlier Dated: November 28, 2003. the National Cancer Institute and the investigations to quantify the Elizabeth M. Duke, University of Minnesota have followed carcinogenic risks of protracted low- to Administrator. a nationwide cohort of 146,000 moderate-dose occupational radiation [FR Doc. 03–30597 Filed 12–5–03; 12:05 pm] radiologic technologist since 1982, of exposures. The annual reporting burden is as follows: Estimated Number of BILLING CODE 4165–15–P whom 110,000 completed at least one of two prior questionnaire surveys and Respondents: 59,200. Estimated Number 17,000 are deceased. This cohort is of Responses Per Respondent: 1. DEPARTMENT OF HEALTH AND unique because estimates of cumulative Average Burden Hours per Response: HUMAN SERVICES radiation dose to specific organs (e.g., 0.4983. Annual Burden Hours breast) are available and the cohort is Requested: 29,500. There are no capital National Institutes of Health largely female, offering a rare costs, operating costs and/or opportunity to study effects of low-dose maintenance costs to report. Proposed Collection; Comment radiation exposure on breast and Request for Comments: Written Request; Submission for OMB Review; thyroid cancers, the two most sensitive comments and/or suggestions from the Comment Request; Request for organ sites for radiation carcinogenesis public and affected agencies should Generic Clearance To Collect Medical in women. Primary objectives are to address one or more of the following Outcome and Risk Factor Data From a quantify radiation dose-response for: (1) points: (1) Evaluate whether the Cohort of U.S. Radiologic Cancers of the breast, thyroid, other proposed collection of information is Technologists radiogenic sites or histologies, and other necessary for the proper performance of SUMMARY: Under the provisions of cancers; (2) benign breast disease, the function of the agency, including section 3507(a)(1(D) of the Paperwork thyroid nodules, and other benign whether the information will have Reduction Act of 1995, the National conditions associated with increased practical utility; (2) Evaluate the Cancer Institute, the National Institutes cancer risk; and (3) other selected health accuracy of the agency’s estimate of the of Health (NIH) has submitted to the outcomes that may be related to burden of the proposed collection of Office of Management and Budget radiation exposure (e.g., cardiovascular information, including the validity of (OMB) a request to review and approve disease). Findings from this study will the methodology and assumptions used; the information collection listed below. address an important gap in the (3) Enhance the quality, utility, and This proposed information collection scientific understanding of radiation clarity of the information to be was previously published in the Federal dose-rate affects, i.e., whether collected; and (4) Minimize the burden Register on August 26, 2003, pages cumulative exposures of the same of the collection of information on those 51275–51276 and allowed 60 days for magnitude have the same health effects who are to respond, including the use public comment. No public comments when received in single or a few doses of appropriate automated, electronic, were received. The purpose of this over a very short period of time (as in mechanical, or other technological notice is to allow an additional 30 days atomic bomb or therapeutic exposures) collection techniques or other forms of for public comment. The National or in many small doses over a protracted information technology. Institutes of Health may not conduct or period of time (as in medical or nuclear Direct Comments to OMB: Written sponsor, and the respondent is not occupational settings). The first survey comments and/or suggestions regarding required to respond to, an information will be mailed in 2004 to approximately the item(s) contained in this notice, collection that has been extended, 100,000 living cohort members who especially regarding the estimated revised, or implemented on or after completed at least one prior survey and public burden and associated response October 1, 1995, unless it displays a will collect information on: (1) Medical time, should be directed to the: Office currently valid OMB control number. outcomes (as described above) to assess of Management and Budget, Office of Proposed Collection: Title: Request for radiation-related risks; (2) detailed job- Regulatory Affairs, New Executive Generic Clearance to Collect Medical specific frequency of performing high- Office Building, Room 10235, Outcome and Risk Factor Data from a dose procedures (e.g., handling Washington, DC 20503, Attention: Desk Cohort of U.S. Radiologic Technologists. isotopes), use of protective measures Officer for NIH. To request more Type of Information Collection Request: (e.g., using lead aprons or standing information on the proposed project or Reinstatement with change of a behind shields), and other work to obtain a copy of the date collection previously approved collection (OMB) practices (e.g., holding patients for x- plans and instruments, contact: Michele No. 0925–0405 expired 09/30/1999). rays) to refine the organ dose estimates M. Doody, Radiation Epidemiology Need and Use of Information Collection. and associated uncertainty Branch, National Cancer Institute, The primary aim of this project is to distributions; and (3) behavioral, Executive Plaza South, Room 7040, substantially increase knowledge about susceptibility, and residential histories Bethesda, MD 20892–7238, or call non- the long-term health affects associated for refining estimates of lifetime toll-free at (301) 594–7203 or e-mail

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your request, including your address to: glucocerebrosides. Type 1 Gaucher function, including cell proliferation, [email protected]. disease is the most common and is cytokine production and apoptosis. Comments Due Date: Comments distinguished from the other forms of Activation of distinct families of regarding this information collection are the disease, types 2 and 3, by the lack tyrosine kinases (Zap-70, Src) are best assured of having their full effect if of neurologic involvement. The clinical important in TCR signalling, while the received within 30 days of the date of features of Type 1 are heterogeneous, role of other tyrosine kinases, such as this publication. vary broadly in clinical severity and the Tec Kinases Rlk and Itk is less clear. Dated: December 1, 2003. affect many organ systems. The major However, evidence suggests that these Reesa Nichols, disease manifestations include enlarged kinases play a role in CD4+ T helper spleen and liver, bone lesions, NCI Project Clearance Liaison. (Th) cell differentiation. Responses to hematologic abnormalities and lung infection are regulated in part by two [FR Doc. 03–30495 Filed 12–8–03; 8:45 am] involvement. The disease has also been distinct types of T helper cells, type 1 BILLING CODE 4140–01–M associated with a sustained (Th1) and Th2 subclasses which inflammatory reaction. Gaucher disease produce different cytokines and have is most prevalent in the Ashkenazi discrete effector functions. Th1 cells DEPARTMENT OF HEALTH AND Jewish population with an incidence of HUMAN SERVICES produce interferon-gamma (IFN- approximately 1 in 450 persons while in gamma), which is a key mediator of National Institutes of Health the general public the incidence is 1 in cellular immunity. In contrast Th2 cells 100,000. There are an estimated 30,000 produce interleukin 4 (IL–4), Il–5, Il–10, Government-Owned Inventions; Gaucher disease patients world-wide and Il–13 which assist humoral Availability for Licensing with approximately 3000 patients immunity and dominate immune currently receiving enzyme replacement responses to both helminths and AGENCY: National Institutes of Health, therapy which has been shown to be allergens. Regulation of these subclasses Public Health Service, DHHS. highly effective in treatment of the is important not only for normal ACTION: Notice. disease. The cost of therapy is immune response, but also for abnormal approximately $100,000-$300,000 SUMMARY: The inventions listed below disease processes, including annually and is a life-long treatment, autoimmunity and hypersensitivity. are owned by an agency of the U.S. which makes the case for affordable new Government and are available for Generation of type 1 and type 2 Th cells therapies urgent. is influenced by multiple factors licensing in the U.S. in accordance with The etiology of the disease has been 35 U.S.C. 207 to achieve expeditious including cytokines, costimulation and difficult to study due to the absence of TCR-based signals. Understanding the commercialization of results of viable mouse models for the disease, as federally-funded research and mechanisms and signals important in T a complete disruption of the cell signalling is important for development. Foreign patent glucocerebrosidase (Gba) gene results in applications are filed on selected identifying new therapeutics that target rapid neonatal death. In an attempt to Th1 and Th2-mediated pathologies (for inventions to extend market coverage produce a viable model scientists at the for companies and may also be available example autoimmune disorders and NIDDK introduced a human Gaucher asthma, respectively). for licensing. disease point mutation, L444P, into the ADDRESSES: Licensing information and mouse Gba gene in order to cause a The Tec family of tyrosine kinases copies of the U.S. patent applications partial enzyme deficiency (J. Clin. Invest have been implicated as important listed below may be obtained by writing (2002) 109, 1215–1221; Proc. Natl. mediators of polarized cytokine to the indicated licensing contact at the Acad. Sci. USA (1998) 95, 2503–2508). production and Th2 cell differentiation. Office of Technology Transfer, National The mice exhibit a partial Rlk is preferentially expressed in Th1 Institutes of Health, 6011 Executive glucocerebrosidase deficiency (15–20% cells and Itk is important in Th2 Boulevard, Suite 325, Rockville, of normal activity), without bulk response. Numerous studies have Maryland 20852–3804; telephone: (301) accumulation of glucosylceramide or implicated alterations in the strength of 496–7057; fax: (301) 402–0220. A signed the presence of Gaucher cells. The mice TCR-mediated signals as playing Confidential Disclosure Agreement will demonstrate other clinical features of important roles in Th cell be required to receive copies of the Gaucher disease, including multisystem differentiation. Researchers at the NIH patent applications. inflammation, B cell hyperproliferation, have developed transgenic mouse skin abnormalities, anemia and models in order to address these issues. A Mouse Model for Systemic lymphadenopathy. These mice provide Rlk-deficient mice and Rlk/Itk double- Inflammation in Glucocerebrosidase- a useful model for studying certain deficient mice were generated and have Deficient Mice With Minimal aspects of Gaucher disease pathology been shown to have defects in TCR Glucosylceramide Storage and in evaluating new therapeutic responses including proliferation, Richard L. Proia (NIDDK). DHHS treatments. cytokine production and apoptosis in Reference No. E–256–2003/0—Research vitro and adaptive immune response to Tool. Licensing Contact: Susan Carson; Tec Kinase Deficient Mice infectious agents in vivo (Science (1999) (301) 435–5020; [email protected]. Pamela L. Schwartzberg (NHGRI), 284, 638–641; Nature Immunol (2001) 2: Gaucher disease, the most common Michael J. Lenardo (NIAID), Harold 1183–188). Molecular analyses of cells lysosomal storage disease, is an Varmus (EM), Dan Littman (EM). from these mice indicate that these inherited metabolic disorder in which DHHS Reference No. E–178–2003/0 and kinases are critical for proper regulation harmful quantities of the lipid DHHS Reference No. E–178–2003/1— of phospholipase C, calcium glucocerebroside accumulate in the Research Tools. mobilisation and ERK activation as well spleen, liver, lungs, bone marrow and in Licensing Contact: Susan Carson; (301) as activation of downstream rare cases in the brain, due to a 435–5020; [email protected]. transcription factors in response to T deficiency of the enzyme Stimulation of T lymphocytes through cell receptor stimulation. Defects are glucocerebrosidase (Gba) that catalyses the T Cell Receptor (TCR) elicits broad minor in Rlk-deficient animals and most the first step in the biodegradation of responses required for proper immune severe in Rlk/Itk double-deficient mice.

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These mice provide a useful A Tet-Regulated Mouse Model for mechanisms responsible for cataract mechanistic model for dissecting out the Cataract formation. complex interactions of TCR signalling. Robert W. Sobol, Samuel H. Wilson A Mouse Model for Human Additionally, the mice are useful for (NIEHS). DHHS Reference No. E–316– Osteoarthritis evaluation of therapeutics directed at 2002/0—Research Tool. Licensing specific classes of diseases (Th1 or Th2) Contact: Susan Carson; (301) 435– Laurent G. Ameye (NIDCR), Marian F. and the utility of potential global Tec 5020; [email protected]. Young (NIDCR), Ake Oldberg (EM), kinase inhibitors. Cataract is the most common cause of Tianshun Xu (NIDCR). DHHS Reference A Mouse Model for Type 2 Diabetes blindness worldwide, with an estimated No. E–081–2002/0—Research Tool. 25 million blind and 119 million Licensing Contact: Susan Carson; (301) Derek LeRoith and Ana M. Fernandez 435–5020; [email protected]. (NIDDK). visually impaired individuals DHHS Reference No. E–132–2003/0— worldwide. Over 20 million adults in Osteoarthritis (OA) is the most Research Tool. the U.S. alone are currently diagnosed common form of arthritis and affects Licensing Contact: Pradeep Ghosh; (301) with cataracts making this disease a more than 20 million Americans, 435–5282; [email protected]. major health concern. The incidence of costing billions of dollars in health care Diabetes affects over 120 million cataract increases with age and a annually. Osteoarthritis is caused by the people worldwide (16 million in the number of etiologic factors have been breakdown of joint cartilage, leading to US) and is a major health problem with proposed in the pathogenesis of age- a loss of the cartilage ‘‘cushion’’ associated health costs estimated at related cataract in humans including between the bones of the joints. Risk almost $100 billion dollars. Type 2 genetic factors, environmental factors factors associated with OA include age, diabetes affects as many as 10% of the and metabolic and biochemical changes obesity, traumatic injury and overuse population of the Western World (with in the crystalline lens. Ultraviolet due to sports or occupational stresses. 15 million patients in the U.S. alone) radiation exposure and oxidative injury There is no cure for OA and current and arises from a heterogeneous to the lens has been considered by some treatments are directed at the etiology, with secondary effects from to be one of the most important factors symptomatic relief of pain, and at environmental influences. Risk factors in cataractogenesis. The present therapy improving and maintaining joint for type 2 diabetes include obesity, high of choice for cataract is laser surgery. function. There remains, however, a blood pressure, high triglycerides and Experimental investigation of human critical need both to develop OA age. Type 2 diabetes is an active area for age-related cataract is hindered by a lack treatments that focus on slowing down drug development and there continues of available animal models of cataract. the degenerative process of the disease to be a need for novel animal models Several laboratory mice strains with and for validated animal models to test and research tools to aid in the heritable cataracts have been studied these new treatments. NIH scientists at discovery and development of new, including the Nakona, Frasier and the the NIDCR have generated a mouse more efficient and cost-effective Philly mouse strains. An animal model model for osteoarthritis (FASEB J. therapeutics. with a predictable phenotype of (2002) 16, 673–680) that fills one part of Peripheral insulin resistance and cataract, particularly one with a this important gap. impaired insulin action are the primary pathogenesis relating to oxidative injury The mouse model is a double characteristics of type 2 diabetes. The to the lens (the proposed central factor knockout mouse that lacks biglycan and first observable defect in this major in human-related cataract) would be of fibromodulin, two members of the small disorder occurs in muscle, where great value to ophthalmic researchers leucine-rich proteoglycan family, and glucose disposal in response to insulin and in the development of that spontaneously develops OA. All the is impaired. In an effort to study the pharmacological agents for delaying or hallmarks of human osteoarthritis are progression of diabetes, researchers at preventing cataract. present, including: progressive Researchers at the NIEHS have NIDDK have developed a transgenic degeneration of the articular cartilage developed a transgenic mouse model in mouse strain (MKR) with a dominant- from early fibrillation to complete which the DNA repair gene DNA negative insulin-like growth factor-I erosion, subchondral sclerosis, an polymerase b (b-pol) is highly over- receptor (KR–IGF–IR) specifically absence of inflammation and expressed in the lens epithelial cells of targeted to skeletal muscle (Genes & development of osteophytes and cysts. the eye (DNA Repair (2003) 609–622). A Development (2001) 15, 1926–1934). Advantages over the existing models for bicistronic tetracycline-responsive Expression of KR–IGF–IR resulted in the osteoarthritis include: high phenotypic transgenic system was used to over- formation of hybrid receptors between penetrance, early onset (at 1–2 months) express b-pol in mice. Over-expression the mutant and the endogenous IGF–I and a rapid disease progression of b-pol in the lens epithelium results in and insulin receptors, thereby (between 3–6 months) which can be the early onset of severe cortical cataract abrogating the normal function of these accelerated by moderate levels of with cataractogenesis beginning within receptors and leading to insulin exercise, such as treadmill running. 4 days after birth. In utero and post- resistance. Pancreatic b-cell dysfunction These properties, combined with a natal suppression of transgenic Flag-b- developed at a relative early age, normal life span, make the biglycan/ pol-expression by doxycycline resulting in diabetes. fibromodulin-deficient mouse an ideal One of the great advantages of the administration completely prevents animal model for evaluating new drugs MKR mouse over other mouse models is cataract formation through adulthood, and treatments for osteoarthritis. the early onset of the disease phenotype yet cataract is subsequently observed as seen by insulin resistance (as early as following removal of doxycycline and Dated: December 1, 2003. 4 weeks), fasting hyperglycemia (from 5 re-expression of the transgene. This Steven M. Ferguson, weeks) and abnormal glucose tolerance predictable and regulated onset of Director, Division of Technology Development (at 7–12 weeks). The MKR mice provide cataract makes this mouse an ideal and Transfer, Office of Technology Transfer, an extremely useful model for the study animal model both for evaluating new National Institutes of Health. of type 2 diabetes, its pathogenesis and therapeutics for delaying or preventing [FR Doc. 03–30496 Filed 12–8–03; 8:45 am] potential new therapies. cataract as well as for understanding the BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND only in lung and trachea. The –112G/A Institutes of Health, 6011 Executive HUMAN SERVICES polymorphism was identified in the Boulevard, Suite 325, Rockville, human UGRP1 gene promoter and is Maryland 20852–3804; telephone: (301) National Institutes of Health responsible for a 24% reduction in the 496–7057; fax: (301) 402–0220. A signed promoter activity in relation to the Confidential Disclosure Agreement will Government-Owned Inventions; –112G allele, as examined by be required to receive copies of the Availability for Licensing transfection analysis. In a case-control patent applications. study using 169 Japanese individuals AGENCY: National Institutes of Health, Construction of Replication-Competent (84 with asthma and 85 unrelated Public Health Service, DHHS. Chimeric Simian Immunodeficiency healthy controls) those with a –112A ACTION: Notice. Virus (SIV) Human Immunodeficiency allele (G/A or A/A) were 4.1 times more Virus Type 1 (HIV–1) Viruses that likely to have asthma than were those SUMMARY: The invention listed below is Replicate Using HIV–1 Reverse owned by an agency of the U.S. with the wild-type allele(G/G). The invention describes the –112G/A Transcriptase and Integrase (IN): A Government and is available for Model System for Development and licensing in the U.S. in accordance with polymorphism and the UGRP1 promoter region as well as methods for detecting Testing of Antiviral Agents for the 35 U.S.C. 207 to achieve expeditious Treatment of HIV–1 Infection commercialization of results of polymorphisms present in the UGRP1 federally-funded research and promoter which can be used as Vijay K. Pathak and Yijun Zhang development. Foreign patent indicators for diagnosing or for (NCI). DHHS Reference No. E–019– applications are filed on selected predicting a predisposition to develop a 2004/0—Research Tool. Licensing inventions to extend market coverage respiratory disorder. The complex and Contact: Michael Ambrose; (301) 594– for companies and may also be available polygenic nature of asthma suggests that 6565; [email protected]. for licensing. this potential asthma susceptibility allele can be of great value not only to Currently antiviral therapy is based ADDRESSES: Licensing information and companies targeting respiratory diseases on a cocktail that inhibits viral copies of any U.S. patent applications replication. These drugs are targeted listed below may be obtained by writing such as asthma but also to those more broadly involved in gene discovery, toward the Reverse Transcriptase (RT) to the indicated licensing contact at the enzyme to inhibit such replication. Office of Technology Transfer, National gene mapping, association-based candidate polymorphism testing, However, development of HIV drug Institutes of Health, 6011 Executive resistance to these current therapies is Boulevard, Suite 325, Rockville, pharmacogenetics, diagnostics and risk profiling. the leading blockage to successful Maryland 20852–3804; telephone: (301) treatment of such patients, and as such, 496–7057; fax: (301) 402–0220. A signed Dated: December 1, 2003. leads to the progression of AIDS and Confidential Disclosure Agreement will Steven M. Ferguson, eventual death. The goal of developing be required to receive copies of the Director, Division of Technology Development successful next generation drugs for HIV patent applications. and Transfer, Office of Technology Transfer, must contend with (1) the alarming rate National Institutes of Health. Human UGRP1 (Uteroglobin-Related of mutation of HIV and (2) an animal [FR Doc. 03–30497 Filed 12–8–03; 8:45 am] Protein 1) Promoter and Its Use model that represents the natural BILLING CODE 4140–01–P disease in humans. This latter point Shioko Kimura and Tomoaki Nimi must also have as one of its properties; (NCI). PCT Application No. PCT/US02/ the natural occurring mutation and DEPARTMENT OF HEALTH AND 19456 filed 18 Jun 2002 (with priority resistance to the therapy in develop. to 20 Jun 2001), which published as W0 HUMAN SERVICES 03/000111 on 03 Jan 2003 (DHHS To address these questions, a Reference No. E–058–2001/0–PCT–02). National Institutes of Health chimeric virus was developed between Licensing Contact: Susan Carson; (301) SIV and HIV. The SIV backbone is Government-Owned Inventions; 435–5020; [email protected]. altered such that the HIV RT and Availability for Licensing Asthma is a genetically complex, Integrase (IN) enzymes are expressed in multi-factorial disease affecting more AGENCY: National Institutes of Health, infected cells. This allows the use of the than 17 million people in the United Public Health Service, DHHS. macaque as the animal model and having the RT and IN of HIV as the States alone and costing approximately ACTION: Notice. US$6 billion to treat annually. potential drug targets. In this system, Identification, mapping and linkage SUMMARY: The inventions listed below novel therapies can be developed and analyses of Single Nucleotide are owned by an agency of the U.S. studied in vivo, in single or in Polymorphisms (SNPs) have been Government and are available for combination form, in a manner more increasingly used both to study the licensing in the U.S. in accordance with similar to the human HIV infection then genetic etiology of asthma and to detect 35 U.S.C. 207 to achieve expeditious is currently available. Further, toxicity genetic loci contributing to asthma commercialization of results of studies can be designed and results susceptibility. Researchers from the federally-funded research and obtained that are more relevant to the National Cancer Institute have described development. Foreign patent human disease condition. a novel gene, located in an asthma- applications are filed on selected One other advantage is the ability to susceptibility gene loci 5q31–34, named inventions to extend market coverage use the macaque model to discover UGRP1 (uteroglobin-related protein 1) for companies and may also be available additional generations of HIV therapies and an associated polymorphism that is for licensing. and tested in the same system. This significantly associated with asthma ADDRESSES: Licensing information and provides identical biological (Nimi et al. (2002) Am. J. Hum. Genet copies of the U.S. patent applications backgrounds to address toxicity 70: 718–725). listed below may be obtained by writing concerns of changing medications as UGRP1 is a homodimeric secretory to the indicated licensing contact at the one becomes resistant and newer protein of ∼10 kDA and is expressed Office of Technology Transfer, National therapies are administered.

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HIV–1/SIV Chimeras Promoting diagnostics and AIDS therapeutics. The infection such as AIDS by Trimerization of Soluble HIV–1 ENV construct can be incorporated into a administration of a Bernard Moss (NIAID). U.S. retrovirus or into a cell line. This dioxtetrahydrobenzo[a]naphthacene Provisional Application filed 10 Oct construct mediates the expression of a compound, particularly a 8,13-dioxo- 2003 (DHHS Reference No. E–356–2003/ selected gene in the presence of HIV 5,6,8,13-tetrahydro- 0–US–01). Licensing Contact: Susan replication, but is silent in the absence benzo[a]naphthacene compound, i.e. a Ano; (301) 435–5515; of HIV. The cell line with the madurahydroxylactone compound. [email protected]. incorporated construct can be used as Retroviruses, such as HIV, need three The technology describes the an indicator line for the presence of viral enzymes for replication: reverse replacement of the gp41 segment of replication-competent HIV. The virus transcriptase, protease, and integrase. HIV–1 gp140 or just the N-terminal containing the construct can be used to The prognosis of AIDS patients has portion (85 amino acids) with the co-infect a population of HIV-infected recently been improved by the corresponding region of SIV to promote cells. If the construct-encoded gene is a discovery and associated therapeutic efficient trimerization. Functional, reporter, it would specifically identify administration of reverse transcriptase virion associated HIV–1 and SIV env cells that are infected with HIV. If the and/or protease inhibitors. However, a have been shown to have an almost construct-encoded gene is a cytotoxin, it significant portion of AIDS patients fail exclusively trimeric structure. The would specifically kill cells that are to respond to such treatments and viral chimera that contains only the N- HIV-infected. This invention may offer resistance remains a major problem. terminal portion of SIV in an HIV–1 a novel approach to HIV elimination, as It is known that HIV–1 integrase is a background is particularly interesting, well as detection of HIV infected cells rational target for AIDS therapy because since several broadly neutralizing HIV– or the presence of cell-free infectious genetic studies have demonstrated that 1 epitopes are present in the C-terminal HIV. the enzyme is essential for viral segment of gp41. Thus, the current replication, and because there is no Polypeptide Multimers Having cellular equivalent. On the other hand, technology could be useful as an Antiviral Activity immunogen to elicit antibodies that the reverse transcriptase RNase H active recognize a mimic of the native trimeric Carol Weiss et al. (FDA). PCT site is another good target for antiviral structure. The region of HIV–1 replaced Application filed 14 Aug 2003 (DHHS therapeutic development because by SIV sequence contains no known Reference No. E–155–2003/0-PCT–01); elimination of the RNase H activity of targets of neutralizing antibodies. U.S. Patent Application No. 09/480,336 reverse transcriptase arrests virus filed 07 Jan 2000 (DHHS Reference No. replication. The compounds reported in Use of a Statin To Kill EBV- E–212–2001/0-US–02). this invention may be capable of Transformed B Cells Licensing Contact: Susan Ano; (301) inhibiting both enzymes since the Jeffrey Cohen et al. (NIAID). U.S. 435–5515; [email protected]. catalytic centers of integrase and RNase Provisional Application filed 28 Oct The technology describes polypeptide H are structurally similar. As a 2003 (DHHS Reference No. E–312–2003/ multimers that have antiviral and consequence, this invention can 0-US–01). immunogenic activity against HIV. potentially avoid viral resistance, which Licensing Contact: Susan Ano; (301) These multimers consist of at least one limits the efficacy of presently 435–5515; [email protected]. monomer of the highly conserved N and administered reverse transcriptase and/ This technology describes the use of C heptad regions of gp41 in a ratio of at or protease inhibitor therapeutic agents. certain natural and synthetic statins, least 2:1 N to C heptad, with the N and Thus, the invention may be a group of including simvastatin, other leukocyte C heptads being connected by linkers. new small molecule agents for treating function antigen–1 (LFA–1) inhibiting The monomer forms homodimers and patients suffering from retroviral statins, and compounds derived from homotrimers in solution and mimic infections, particularly patients LFA–1 inhibiting statins and statin-like fusion intermediate structure. Further, suffering from Human compounds, for treatment or prevention the technology also describes a method Immunodeficiency Virus (HIV). of Epstein-Barr Virus (EBV) associated of raising a broadly neutralizing Particles for Imaging Cells tumors, including lymphomas that antibody response to HIV by express LFA–1 and transforming administering the polypeptide Kathleen Hinds, Cynthia Dunbar proteins. Such compounds could also be multimers mentioned above. Thus, (NHLBI). U.S. Patent Application No. used to treat tumors associated with these polypeptide multimers may be 10/313,304 filed 06 Dec 2002 (DHHS other viruses that express LFA–1. used as antiviral (anti-HIV) agents. Reference No. E–185–2002/0–US–01). Cancers associated with EBV that could Because the structure of these Licensing Contact: Michael be treated with the statins by methods polypeptide multimers mimics the gp41 Shmilovich; (301) 435–5019; described herein include naspharyngeal fusion intermediate, they can also be [email protected]. carcinoma, Hodgkin’s disease, used to identify compounds that may Available for licensing are NIH patent lymphoproliferative disease, T-cell inhibit the fusion process. pending contrast particles for use in lymphoma, and non-Hodgkin’s MRI and flow cytometry to track cells Discovery of Novel Inhibitors of HIV–1 lymphoma. migration in real time. Present cell- Integrase and/or RNase H That Can Be tracking studies rely on labeling cells HIV-Dependent Expression Vector Used for the Treatment of Retroviral with ultra-small dextran-coated iron Drs. Jon Marsh and Yuntao Wu Infection Including AIDS particles that are endocytosed. The (NIMH). U.S. Provisional Application Stuart F. J. Le Grice (NCI) et al. U.S. contrast agent of the present invention No. 60/507,034 filed 28 Sep 2003 Provisional Application filed 31 Oct uses larger iron oxide particles, (DHHS Reference No. E–276–2003/0- 2003 (DHHS Reference No. E–022–2003/ approximately 1 µm, situated in a tri- US–01). 0-US–01). layer structure. The inner structure is a Licensing Contact: Sally Hu; (301) Licensing Contact: Sally Hu; (301) magnetic molecular complex of FITC (a 435–5606; [email protected]. 435–5606; e-mail: [email protected]. fluorescent marker) encased in a layer of This invention provides a DNA This invention provides compounds superparamagnetic microparticles, construct that can be useful for both and methods of treating retroviral which is then covered with a shell of

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inert polystyrene and di-vinyl benzene available for licensing on a non- Review Branch, NINDS/NIH/DHHS, coated with soluble -COOH groups. exclusive basis. Neuroscience Center, 6001 Executive Blvd., Accordingly, the particle is labeled with Suite 3208, MSC 9529, Bethesda, MD 20892– Dated: December 1, 2003. 9529, (301) 496–4056. both a magnetic and fluorescent marker. Steven M. Ferguson, This dual labeling permits monitoring of This notice is being published less than 15 Director, Division of Technology Development days prior to the meeting due to the timing the molecule on multiple spatial scales, and Transfer, Office of Technology Transfer, limitations imposed by the review and from intracellular distribution to National Institutes of Health. funding cycle. distribution throughout the animal. [FR Doc. 03–30498 Filed 12–8–03; 8:45 am] Name of Committee: National Institute of Methods for Detecting Cancer Cells BILLING CODE 4140–01–P Neurological Disorders and Stroke Special Emphasis Panel, Program in Cognitive Thomas Ried, Evelin Schrock, Bijan Neuroscience. M. Ghadimi (NHGRI). U.S. Provisional DEPARTMENT OF HEALTH AND Date: December 18, 2003. Application No. 60/127,637 filed 01 Apr HUMAN SERVICES Time: 1 pm to 2:30 pm. 1999 (DHHS Reference No. E–211–1998/ Agenda: To review and evaluate grant 0–US–01); PCT Application No. PCT/ National Institutes of Health applications. US00/08588 filed 31 Mar 2000 (DHHS Place: National Institutes of Health, Reference No. E–211–1998/0–PCT–02); National Institute of Neurological Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone U.S. Patent Application No. 09/937,864 Disorders and Stroke; Notice of Closed filed 31 Dec 2000 (DHHS Reference No. Conference Call). Meetings Contact Person: Richard D. Crosland, PhD, E–211–1998/0–US–03). Licensing Pursuant to section 10(d) of the Scientific Review Administrator, Scientific Contact: Michael Ambrose; (301) 594– Review Branch, Division of Extramural 6565; [email protected]. Federal Advisory Committee Act, as Research, NINDS/NIH/DHHS, Neuroscience The present application describes a amended (5 U.S.C. Appendix 2), notice Center, 6001 Executive Blvd., Suite 3208, highly sensitive assay for distinguishing is hereby given of the following MSC 9529, Bethesda, MD 20892–9529, 301– between cancer and non-cancer meetings. 594–0635. epithelial cells in the blood. It provides The meetings will be closed to the This notice is being published less than 15 an improved diagnostic technique for public in accordance with the days prior to the meeting due to the timing detecting cancer and determining the provisions set forth in sections limitations imposed by the review and organ-origin of the cancer. This assay 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., funding cycle. can be used to prove the neoplastic as amended. The grant applications and Name of Committee: National Institute of nature of cells and predict when shed the discussions could disclose Neurological Disorders and Stroke Special Emphasis Panel, NeuroAIDS Imaging tumor cells have or will become confidential trade secrets or commercial property such as patentable material, Studies. metastatic. A major advantage of the Date: January 8, 2004. present invention is that tumor cells can and personal information concerning Time: 8 am to 5 pm. also be recovered as viable cells. Thus, individuals associated with the grant Agenda: To review and evaluate grant the tumor cells can be kept alive in vitro applications, the disclosure of which applications. for a sufficient period of time to would constitute a clearly unwarranted Place: The Fairmont Washington, DC, 2401 determine the effect of particular anti- invasion of personal privacy. M Street, NW, Washington, DC 20037. tumor pharmaceuticals on the cells. Name of Committee: National Institute of Contact Person: Andrea Sawczuk, DDS, Furthermore, the assay provides an Neurological Disorders and Stroke Special PhD, Scientific Review Administrator, Emphasis Panel, Steroid Receptor Scientific Review Branch, Division of early detector of treatment success or Extamural Research, NINDS/NIH/DHHS, failure and thereby allows a treatment Chaperones in Axonal Elongation. Date: December 11, 2003. 6001 Executive Boulevard, Room #3208, regimen to be customized for an Bethesda, MD 20892, (301) 496–0660, individual patient with advanced Time: 8:30 am to 9:30 am. Agenda: To review and evaluate grant [email protected]. primary cancer. applications. (Catalogue of Federal Domestic Assistance Method for Detecting Transmissible Place: Ritz-Carlton Hotel at Pentagon City, Program Nos. 93.853, Clinical Research Spongiform Encephalopathies 1250 South Hayes Street, Arlington, VA Related to Neurological Disorders; 93.854, 22202, (Telephone Conference Call). Biological Basis Research in the Gary E. Hsich, Kimbra Kenney, Contact Person: W. Ernest Lyons, PhD, Neurosciences, National Institutes of Health, Clarence J. Gibbs, Michael G. Harrington Scientific Review Administrator, Scientific HHS) (NINDS). U.S. Patent 5,998,149 issued Review Branch, NINDS/NIH/DHHS, Dated: December 4, 2003. on 07 Dec 1999 (DHHS Reference No. E– Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892– Anna Snouffer, 055–1996/0–US–01); U.S. Patent Acting Director, Office of Federal Advisory 6,406,860 issued on 18 Jul 2002 (DHHS 9529, (301) 496–4056. This notice is being published less than 15 Committee Policy. Reference No. E–055–1996/0–US–02). days prior to the meeting due to the timing [FR Doc. 03–30494 Filed 12–8–03; 8:45 am] Licensing Contact: Michael Ambrose; limitations imposed by the review and BILLING CODE 4140–01–M (301) 594–6565; funding cycle. [email protected]. Name of Committee: National Institute of Improved assays for the detection of Neurological Disorders and Stroke Special transmissible spongiform Emphasis Panel, Molecular Regulation of DEPARTMENT OF HOUSING AND encephalopathies (TSEs) in humans and Neural Migration. URBAN DEVELOPMENT non-human mammals have been Date: December 11, 2003. developed. The assays involve detecting Time: 10 am to 3:30 pm. [Docket No. FR–4630–FA–11B] the presence or absence of 14–3–3 Agenda: To review and evaluate grant applications. Announcement of Funding Award—FY proteins in cerebrospinal fluid. Elevated Place: Ritz-Carlton Hotel at Pentagon City, 2001 Healthy Homes Grant Program levels of these proteins are indicative of 1250 South Hayes Street, Arlington, VA TSEs, in particular Creutzfeldt-Jacob 22202. AGENCY: Office of the Secretary—Office disease in humans and animals with Contact Person: W. Ernest Lyons, PhD, of Healthy Homes Research Grant these diseases. This invention is Scientific Review Administrator, Scientific Program.

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ACTION: Announcement of funding Control, Room P3206, 451 Seventh Register NOFA published on February awards. Street, SW., Washington, DC, 20410– 26, 2001 (66 FR 11893). The purpose of 3000, telephone (202) 755–1785, ext. the competition was to award grant SUMMARY: In accordance with Section 116. Hearing- and speech-impaired funding of approximately $1,500,000 for 102(a)(4)(C) of the Department of persons may access the number above grants and cooperative agreements for Housing and Urban Development via TTY by calling the toll free Federal the Healthy Homes Research Program. Reform Act of 1989, this announcement Information Relay Service at 1–800– Applications were scored and selected notifies the public of additional funding 877–8339. on the basis of selection criteria decisions made by the Department in a SUPPLEMENTARY INFORMATION: The contained in that Notice. competition for funding under the authority for Healthy Homes The Catalog of Federal Domestic Healthy Homes Demonstration and Demonstration and Education Program Assistance number for this program is Education Notice of Funding is sections 501 and 502 of the Housing 14.900. Availability (NOFA). This and Urban Development Act of 1970 A total of $2,239,196 was awarded to announcement contains the name and and the Departments of Veterans Affairs six grantees. In accordance with section address of the award recipient and the and Housing and Urban Development, 102(a)(4)(C) of the Department of amount of award. and Independent Agencies Housing and Urban Development FOR FURTHER INFORMATION CONTACT: Appropriations Act, 2001, Pub. L. 106– Reform Act of 1989 (103 Stat. 1987, 42 Ellen R. Taylor, Department of Housing 377, approved October 27, 2000. U.S.C. 3545), the Department is and Urban Development, Office of These awards were the result of a publishing the names, addresses, and Healthy Homes and Lead Hazard competition announced in a Federal amounts of this awards as follows:

Amount of Awardee Address grant

Air Quality Sciences, Inc...... 1337 Capital Circle, Marietta, GA 30067 ...... $210,299.00 Columbia University ...... 60 Haven Avenue, B–106, New York, NY 10032 ...... 505,365.00 Duke University ...... Box 90077, Durham, NC 27708–0077 ...... 405,217.00 Radiation Monitoring Devices, Inc...... 44 Hunt Street, Watertown, MA 0272 ...... 449,444.00 Research Triangle Institute ...... 3040 Cornwallis Road, Research Triangle Park, NC 27709 ..... 220,082.00 University of Cincinnati ...... PO Box 670056, Cincinnati, OH 45267–0056 ...... 448,789.00

Dated: November 4, 2003. Availability (NOFA). This These awards were the result of a Joseph F. Smith, announcement contains the name and competition announced in Federal Deputy Director, Office of Healthy Homes and address of the award recipients and the Register NOFAs published on March 26, Lead Hazard Control. amounts of award. 2002 for Healthy Homes and Lead [FR Doc. 03–30412 Filed 12–8–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Technical Studies (67 FR 14093), and BILLING CODE 4210–70–P the Healthy Homes Demonstration and for Healthy Homes Demonstration (67 Healthy Homes Technical Studies Grant FR 14115). The purpose of the Programs, Ellen R. Taylor, Department competition was to award grant funding DEPARTMENT OF HOUSING AND of Housing and Urban Development, of approximately $8,600,000 for grants URBAN DEVELOPMENT Office of Healthy Homes and Lead and cooperative agreements for the Hazard Control, Room P3206, 451 Healthy Homes Demonstration and the [Docket No. FR–4723–FA–30] Seventh Street SW., Washington, DC, Healthy Homes Lead Technical Studies 20410–3000, telephone (202) 755–1785, Grant Programs. Applications were Announcement of Funding Award—FY ext. 116. For the Lead Technical Studies scored and selected on the basis of 2002 Healthy Homes Demonstration, Grant Program, Warren Friedman, at the selection criteria contained in those and Healthy Homes and Lead same address, phone extension 159. Notices. Technical Studies Grant Programs Hearing- and speech-impaired persons A total of $8,586,202 was awarded to AGENCY: Office of the Secretary—Office may access the numbers above via TTY 17 grantees. $5,947,235 was awarded to of Healthy Homes and Lead Hazard by calling the toll free Federal 9 Healthy Homes Demonstration Control, HUD. Information Relay Service at 1–800– grantees, and $2,638,967 was awarded ACTION: Announcement of funding 877–8339. to 8 Healthy Homes and Lead Technical awards. SUPPLEMENTARY INFORMATION: The Studies grantees. authority for the Healthy Homes The Catalog of Federal Domestic SUMMARY: In accordance with Section Demonstration and Lead Technical Assistance number for this program is 102(a)(4)(C) of the Department of Studies Program is sections 501 and 502 14.901. Housing and Urban Development of the Housing and Urban Development In accordance with section Reform Act of 1989, this announcement Act of 1970 and the Departments of 102(a)(4)(C) of the Department of notifies the public of funding decisions Veterans Affairs and Housing and Urban Housing and Urban Development made by the Department in a Development, and Independent Reform Act of 1989 (103 Stat. 1987, 42 competition for funding under the Agencies Appropriations Act, 2002, U.S.C. 3545), the Department is Healthy Homes Demonstration and Lead Public Law 107–73, approved November publishing the names, addresses, and Technical Studies Notice of Funding 26, 2001. amounts of this awards as follows:

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Awardee Address Award Amount

Healthy Homes Demonstration

City of Phoenix ...... 200 West Washington, 4th Floor Phoenix, AZ 85003 ...... $950,000 Healthy Homes Network ...... 3548 W. 129th Terrace, Leawood, KS 66209 ...... 920,805 University of Massachusetts Lowell ...... 600 Suffolk Street—1st Fl. South Lowell, MA 01854 ...... 164,748 Coalition to End Childhood Lead Poisoning ...... 2714 Hudson Street, Baltimore, MD 21224 ...... 872,032 Montana State University ...... P.O. Box 173580, Bozeman, MT 59717–3580 ...... 326,459 Urban Homesteading Assistance Board, Inc ...... 120 Wall Street, 20th Floor New York, NY 10005 ...... 263,191 Mount Sinai School of Medicine ...... One Gustave L. Levy Place New York, NY 10029–6574 ...... 950,000 City of Philadelphia ...... 2100 W. Girard Avenue, Bldg #3 Philadelphia, PA 19130– 800,000 1400. City of Milwaukee Health Department ...... 841 North Broadway—Room 118 Milwaukee, WI 53202 ...... 700,000

Healthy Homes Technical Studies

Saint Louis University ...... 221 N. Grand Avenue, St. Louis, MO 63103 ...... 700,000 Advanced Energy Corporation ...... 909 Capability Drive, Suite 2100, Raleigh, NC 27606 ...... 700,000 University of Medicine & Dentistry of New Jersey ...... 170 Frelinghuysen Road, Room 236C Piscataway, NJ 08854 238,967

Lead Technical Studies

Phoenix Science & Technology, Inc...... 27 Industrial Ave. Chelmsford, MA 08124 ...... 397,118 National Center for Healthy Housing ...... 10227 Wincopin Circle, Suite 205 Columbia, MD 21044 ...... 60,804 Research Triangle Institute ...... 3040 Cornwallis Road Research Triangle Park, NC 27709 ...... 194,194 University of Cincinnati ...... P.O. Box 670553 Cincinnati, OH 45267 ...... 159,734 University of Cincinnati ...... P.O. Box 670553 Cincinnati, OH 45267 ...... 188,150

Dated: November 5, 2003. Reform Act of 1989, this announcement authorized by HUD’s 2002 Joseph F. Smith, notifies the public of additional funding Appropriation approved November 26, Deputy Director, Office of Healthy Homes and decisions made by the Department in a 2001 (Pub. L. 107–73). Lead Hazard Control. competition for funding under the LEAP These awards were the result of a [FR Doc. 03–30413 Filed 12–8–03; 8:45 am] Notice of Funding Availability (NOFA). competition announced in a Federal BILLING CODE 4210–70–P The purpose of the LEAP program is to Register notice published on August 5, leverage private sector resources to 2002 (67 FR 50766). The purpose of the eliminate lead poisoning as a major competition was to award grant funding DEPARTMENT OF HOUSING AND public health threat to young children. of approximately $6,500,000 for grants URBAN DEVELOPMENT This announcement contains the name and cooperative agreements for the Lead and address of the award recipient and [Docket No. FR–4757–FA–02] Elimination Action Program. the amount of award. Applications were scored and selected FOR FURTHER INFORMATION CONTACT: Announcement of Funding Award—FY John on the basis of selection criteria 2002 Operation Lead Elimination Baker, Department of Housing and contained in that notice. Urban Development, Office of Healthy Action Program (LEAP) Homes and Lead Hazard Control, Room The Catalog of Federal Domestic Assistance number for this program is AGENCY: Office of the Secretary—Office P3206, 451 Seventh Street, SW., 14.900. of Healthy Homes and Lead Hazard Washington, DC 20410–3000, telephone (804) 771–2100 ext. 3765. Hearing- and A total of $6,500,000 was awarded to seven Control, HUD. (7) grantees. In accordance with section ACTION: Announcement of funding speech-impaired persons may access the 102(a)(4)(C) of the Department of Housing awards. number above via TTY by calling the and Urban Development Reform Act of 1989 toll free Federal Information Relay (103 Stat. 1987, 42 U.S.C. 3545), the SUMMARY: In accordance with Section Service at 1–800–877–8339. Department is publishing the names, 102(a)(4)(C) of the Department of SUPPLEMENTARY INFORMATION: The addresses, and amounts of these awards as Housing and Urban Development Operation Lead Elimination Program is follows:

Awardee Address Amount awarded

The ACCESS Agency ...... 1315 Main Street, Willimantic, CT 06226 ...... 800,000 Alliance ...... 227 Massachusetts Avenue, NE, Suite 200, Washington, DC 20002 1,152,013 Energy Programs ...... 1615 M Street, Suite 800, Washington, DC 20036 ...... 937,956 National Safety Council ...... 1025 Connecticut Avenue, NW, Suite 1200, Washington, DC 20036 679,346 National Center ...... 10227 Wincopin Circle, Suite 100, Columbia, MD 21044 ...... 930,789 Greater Detroit ...... 333 West Fort Street, Suite 1500, Detroit, MI 48226 ...... 999,896 Neighborhood Improvement ...... 841 North Broadway, Room 104, Milwaukee, WI 53202 ...... 1,000,000

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Dated: November 4, 2003. Education Program Notice of Funding Register NOFA published on February Joseph F. Smith, Availability (NOFA). This 26, 2001 (66 FR 11893). The purpose of Deputy Director, Office of Healthy Homes and announcement contains the name and the competition was to award grant Lead Hazard Control. address of the award recipient and the funding of approximately $5,500,000 for [FR Doc. 03–30414 Filed 12–8–03; 8:45 am] amount of award. grants and cooperative agreements for BILLING CODE 4210–70–P FOR FURTHER INFORMATION CONTACT: the Healthy Homes Demonstration and Ellen R. Taylor, Department of Housing Education Grant Programs. Applications and Urban Development, Office of were scored and selected on the basis of DEPARTMENT OF HOUSING AND Healthy Homes Initiative and Lead selection criteria contained in that URBAN DEVELOPMENT Hazard Control, Room P3206, 451 NOFA. Seventh Street, SW., Washington, DC [Docket No. FR–4630–FA–11A] The Catalog of Federal Domestic 20410–3000, telephone (202) 755–1785, Assistance number for this program is Announcement of Funding Award—FY ext. 116. Hearing- and speech-impaired 14.900. 2001 Healthy Homes Grant Program persons may access the number above via TTY by calling the toll free Federal A total of $5,823,389 was awarded to AGENCY: Office of the Secretary—Office Information Relay Service at 1–800– eight grantees. However, HUD was not of Healthy Homes Demonstration and 877–8339. able to successfully conclude Education Grant Programs, HUD. SUPPLEMENTARY INFORMATION: The negotiations with the Research ACTION: Announcement of funding authority for Healthy Homes Foundation of the State University of awards. Demonstration and Education Program New York for an award of $700,000. is sections 501 and 502 of the Housing This amount was awarded to the next SUMMARY: In accordance with section and Urban Development Act of 1970 highest scoring application. In 102(a)(4)(C) of the Department of and the Departments of Veterans Affairs accordance with section 102(a)(4)(C) of Housing and Urban Development and Housing and Urban Development, the Department of Housing and Urban Reform Act of 1989, this announcement and Independent Agencies Development Reform Act of 1989 (103 notifies the public of additional funding Appropriations Act, 2001, Pub. L. 106– Stat. 1987, 42 U.S.C. 3545), the decisions made by the Department in a 377, approved October 27, 2000. Department is publishing the names, competition for funding under the These awards were the result of a addresses, and amounts of this awards Healthy Homes Demonstration and competition announced in a Federal as follows:

Amount of Awardee Address grant

The University of Tulsa, OK ...... 600 South College Avenue, Tulsa, OK 74104–3189 ...... $700,000.00 Public Health Dept. Seattle/King County, WA ...... 999 Third Avenue, Suite 1200, Seattle, WA 98104–4039 ...... 937,879.00 University of Alabama At Birmingham, AL ...... 1530 3rd Avenue, South Birmingham, AL ...... 850,000.00 Alameda County, CA ...... 2000 Embarcadero, Suite 300, Oakland, CA ...... 850,000.00 Medical & Health Research Association of New York City, NY 40 Worth Street, Suite 720, New York, NY 10013–2988 ...... 500,000.00 City of Stamford, CT ...... 888 Washington Boulevard, Stamford, CT 06904 ...... 850,000.00 Alaska Housing Finance Corporation, AK ...... P.O. Box 101020, Anchorage, AK 99510–1020 ...... 700,000.00 University of Maryland/Baltimore, MD ...... 655 West Lombard Street, Room 645D, Baltimore, MD 21201 435,510.00

Dated: November 4, 2003. Availability (NOFA) for Revitalization correction notice makes no change to Joseph F. Smith, of Severely Distressed Public Housing the application deadlines. Deputy Director, Office of Healthy Homes and HOPE VI Revitalization and Demolition FOR MORE INFORMATION CONTACT: Leigh Lead Hazard Control. Grants for Fiscal Year 2003. This notice van Rij, Office of Public Housing [FR Doc. 03–30411 Filed 12–8–03; 8:45 am] corrects that funding announcement by Investments, Office of Public and Indian BILLING CODE 4210–70–P notifying applicants of the new Housing, Department of Housing and government-wide requirement that all Urban Development, 451 Seventh Street, applicants for Federal grants and SW., Washington DC, 20410–5000; DEPARTMENT OF HOUSING AND cooperative agreements must provide a telephone (202) 401–8812 (this is not a URBAN DEVELOPMENT Dun and Bradstreet Data Universal toll-free number). Hearing- or speech- Numbering System (DUNS) number impaired individuals may access this [Docket No. FR–4861–C–02] with their applications. In addition, this number via TTY by calling the toll-free document makes several other Federal Information Relay Service at Notice of Funding Availability for (800) 877–8339. Revitalization of Severely Distressed corrections to the NOFA. SUPPLEMENTARY INFORMATION: Public Housing HOPE VI Revitalization On DATES: (1) Revitalization Applications. October 21, 2003 (68 FR 60178), HUD and Demolition Grants Fiscal Year Revitalization grant applications are due 2003; Correction published its Notice of Funding on January 20, 2004. (2) Demolition Availability (NOFA) for Revitalization AGENCY: Office of the Assistant Applications. Demolition grant of Severely Distressed Public Housing Secretary for Public and Indian applications will only be accepted from HOPE VI Revitalization and Demolition Housing, HUD. January 5, 2004, through February 18, Grants for Fiscal Year (FY) 2003. This ACTION: Notice of funding availability; 2004. Applications received before notice corrects the NOFA by requiring correction. January 5, 2004, will be returned to the applicants to provide in their applicant and will not be considered application package, a Dun and SUMMARY: On October 21, 2003, HUD unless resubmitted on or after January 5, Bradstreet Data Universal Numbering published the Notice of Funding 2004, through February 18, 2004. This System (DUNS) number. This correction

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is required by an Office of Management ‘‘(4) New government-wide DUNS CFR 941.602(d) (as applicable), for your and Budget (OMB) policy directive requirement. Beginning October 1, 2003, first phase of construction by the issued in the Federal Register on June all applicants must provide a Dun and application due date.’’ 27, 2003 (68 FR 38402). The policy Bradstreet Data Universal Numbering 5. On page 60189, in the third directive requires all applicants who System (DUNS) number to apply for a column, the fourth sentence under the will be directly receiving funding to grant or cooperative agreement from the paragraph entitled, ‘‘(2) Capacity of provide a DUNS number when applying federal government. Applicants are Existing HOPE VI Revitalization for Federal grants or cooperative required to provide a DUNS number Grantees,’’ is corrected to read as agreements on or after October 1, 2003. with the application. OMB is currently follows: ‘‘As indicated in the following This information was inadvertently left updating the SF–424 to accommodate tables, up to 5 Points will be deducted out of the October 21, 2003 NOFA. the submission of the DUNS, however, if a Grantee has failed to achieve In addition to the DUNS requirement, at this time, applicants should simply adequate progress in relation to HUD makes nine additional corrections indicate the DUNS number on a cumulative unit production.’’ in this document. Subsequent to separate sheet of paper and include with 6. On page 60201, in the third publication, it was discovered that the the application package. (This extra column, subparagraph (b) under the list of years for which 90 percent of page will not count toward the total paragraph entitled, ‘‘(4) Project Capital Funds must have been obligated page number limit for your application.) Readiness,’’ is corrected to read as prior to the application deadline, Organizations can receive a DUNS follows: ‘‘(b) You will receive 2 Points inadvertently included FY1999. This number at no cost by calling the if the targeted severely distressed public error is corrected in this document. dedicated toll-free DUNS Number housing site is cleared or your Additionally, it was determined that the request line at 1–866–705–5711 or Revitalization Plan only includes paragraph entitled, ‘‘Threshold: applying on-line at http:// rehabilitation and no demolition of Selection of Developer’’ was unclear www.dunandbradstreet.com. For faster public housing units.’’ and is made clear by this correction service, HUD recommends using the 7. On page 60217, the first sentence in notice. This document also clarifies the telephone request line to obtain the paragraph B.1 is corrected to read: ‘‘If section entitled, ‘‘Capacity of Existing DUNS number. you are a Moving to Work participant HOPE VI Revitalization Grantees.’’ This Failure to provide the DUNS number and are not required to enter obligations correction notice makes clear in the with your application will be into LOCCS, review Section IV(A)(2) of ‘‘Project Readiness’’ section of the considered a curable deficiency. The the NOFA and indicate the percentage NOFA and the application kit that DUNS number is considered a threshold of FY 2000 and 2001 Capital Funds applicants will receive 2 Points if the requirement and failure to provide the amounts you have obligated.’’ targeted severely distressed public DUNS number will prohibit an 8. On page 60217, paragraph B.4 is housing site is cleared or the applicant’s organization from receiving an award.’’ corrected to read as follows: ‘‘Capacity Revitalization Plan only includes 2. On page 60185, in the third of Existing HOPE VI Revitalization rehabilitation and not demolition of column, paragraph (12) is corrected to Grantees. This Rating Factor is found at public housing units. Finally, this read as follows: ‘‘An applicant must Section IV(B)(2). HUD will use correction substitutes Attachment 9, the have obligated at least 90 percent of its information in the quarterly reporting ‘‘TDC/Grant Limitations Worksheet,’’ FY 2000 and 2001 Capital Funds in system in order to evaluate this rating which has been recently updated with accordance with Section IV(A)(2) of this factor. This rating factor is only applied current data and instructions. NOFA.’’ to PHAs with existing HOPE VI 3. On page 60188, in the first column, Subsequent to the October 21, 2003 Revitalization grants from Fiscal Years under the paragraph entitled, ‘‘(2) 1993–2000.’’ publication of this NOFA, the Federal Threshold: Obligation of Capital Register published (68 FR 61044) a 9. On page 60266, entitled, Funds,’’ the second sentence is ‘‘Attachment 31: Project Readiness,’’ the correction to the application deadline corrected by removing the year ‘‘1999’’ for the Revitalization grants. The second item on the list for check-off is so the sentence reads as follows: ‘‘HUD corrected to read as follows: ‘‘The deadline for applications for will not consider any application from Revitalization applications under this targeted severely distressed public a PHA that failed to obligate 90 percent housing site is cleared or your NOFA is January 20, 2004. or more of its FY2000 and 2001 Capital Accordingly, the Notice of Funding Revitalization Plan only includes Funds by the applicable obligation rehabilitation and no demolition of Availability for Revitalization of deadlines, as required by Section (9)(j) Severely Distressed Public Housing public housing units.’’ of the U.S. Housing Act of 1937, unless 10. The ‘‘TDC/Grant Limitations HOPE VI Revitalization and Demolition the Deputy Secretary has approved an Grants for Fiscal Year 2003, published Worksheet,’’ that appears at pages extension.’’ 60256, 60257, and 60258 is removed in the Federal Register on October 21, 4. On page 60188, in the middle and replaced with the version appended 2003, (68 FR 60178) is corrected to read column, the first sentence in to this document. as follows: subparagraph (a) under the paragraph 1. On page 60179, in the middle entitled, ‘‘(4) Threshold: Selection of Dated: December 2, 2003. column, under section III. entitled, Developer,’’ is corrected to read as Michael Liu, ‘‘Application Submission Information,’’ follows: ‘‘You have initiated RFQ Assistant Secretary for Public and Indian a new paragraph (4) is added after competitive procurement procedures in Housing. paragraph (A)(3) to read as follows: accordance with 24 CFR 85.36 and 24 BILLING CODE 4210–33–P

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[FR Doc. 03–30506 Filed 12–8–03; 8:45 am] DEPARTMENT OF HOUSING AND ACTION: Notice. BILLING CODE 4210–33–C URBAN DEVELOPMENT SUMMARY: Through this notice, HUD [Docket No. FR–4874–N–01] invites public housing agencies (PHAs), public housing residents, and other Public Housing Operating Fund; Notice interested members of the public to of Availability of Information and HUD’s Web site that provides Request for Comments information about the Public Housing Operating Fund Formula. The Operating AGENCY: Office of the Assistant Fund Formula determines the allocation Secretary for Public and Indian of operating subsidies to PHAs. The Housing, HUD. Operating Fund Formula currently in

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effect was established by a March 29, from that fund be determined using a Fund Formula. HUD is therefore making 2001, interim rule, which followed a formula developed through negotiated available on its Web site information July 10, 2000, proposed rule developed rulemaking procedures as provided in and issues related to possible changes to through negotiated rulemaking subchapter III of chapter 5 of title 5, the Operating Fund Formula (see HUD procedures. The Web site continues the United States Code, commonly referred Web site at http://www.hud.gov/offices/ discussion of possible changes to the to as the Negotiated Rulemaking Act of pih/divisions/ffmd/ Operating Fund Formula, initiated 1990. formulacomments.cfm). during the development of and Negotiated rulemaking for an HUD is specifically seeking comments continuing through the recent release of Operating Fund Formula was initiated on the information posted on its Web a study of the cost of operating public in March 1999, and consisted of 25 site. Interested parties may submit housing conducted by the Harvard members representing PHAs, tenant comments on this information either University Graduate School of Design. organizations, community-based electronically or by mail to the HUD’s Web site presents issues for organizations, and the three national addresses listed in the ADDRESSES consideration and solicits comments organizations representing PHAs—The section above. Comments on the from the public on the substance and Public Housing Authorities Directors information posted on HUD’s Web site form of a revised Operating Fund Association (PHADA), the Council of will be accepted until January 30, 2004. Formula. Large Public Housing Authorities It is HUD’s goal in posting this DATES: Comment Due Date: Comments (CLPHA), and the National Association information to initiate an ongoing on the information posted on HUD’s of Housing Redevelopment Officials dialogue with interested members of the Web site will be accepted until January (NAHRO). The negotiated rulemaking public. Accordingly, HUD will update 30, 2004. HUD will update and revise committee concluded with a proposed and revise the information posted on its this information on a periodic basis to rule, published on July 10, 2000 (65 FR Web site on a periodic basis to reflect reflect the availability of data and the 42488), which was followed by an the availability of data and the public public comments received to date. interim rule published on March 29, comments received to date. Interested Accordingly, interested parties should 2001 (66 FR 17276). The March 29, parties should visit HUD’s Web site visit HUD’s Web site periodically during 2001, interim rule established the periodically during the comment the comment period, and are invited to Operating Fund Formula that is period, and are invited to submit new or submit new or revised comments based currently in effect. revised comments based on the updated In accordance with Congressional on the updated information. information. As part of this ongoing direction, HUD contracted with the dialogue with the public, public ADDRESSES: Interested persons are Harvard University Graduate School of invited to submit comments regarding housing residents, PHAs, and other Design (Harvard GSD) to conduct a interested parties on issues concerning the information posted on HUD’s Web study on the costs incurred in operating site, http://www.hud.gov/offices/pih/ possible changes to the Operating Fund well-run public housing. The Harvard Formula, HUD may also sponsor one or divisions/ffmd/formulacomments.cfm. GSD performed extensive research on Comments must be submitted to: more meetings to further discuss _ _ the question of what the expense level changes to the Operating Fund Formula. Opfund Formula [email protected] of managing public housing should be. or Chris Kubacki, Public Housing HUD invited the members of the Dated: December 2, 2003. Financial Management Division, Office negotiated rulemaking committee to be Michael M. Liu, of Public and Indian Housing—Real active participants in Harvard GSD’s Assistant Secretary for Public and Indian Estate Assessment Center, Department research for and development of the Housing. of Housing and Urban Development, Cost Study. The Harvard GSD also [FR Doc. 03–30507 Filed 12–8–03; 8:45 am] 1250 Maryland Ave., SW., Suite 800, conducted several public meetings to BILLING CODE 4210–33–P Washington, DC 20024–5000. allow for an exchange of views with the FOR FURTHER INFORMATION CONTACT: public housing industry, beyond those Chris Kubacki, Public Housing industry members who were part of the DEPARTMENT OF THE INTERIOR Financial Management Division, Office Operating Fund Formula negotiated of Public and Indian Housing—Real rulemaking committee. The Cost Study Bureau of Indian Affairs Estate Assessment Center, Department was completed and officially released in Indian Gaming of Housing and Urban Development, July 2003, and the release of the Cost 1250 Maryland Ave., SW., Suite 800, Study has prompted further discussion AGENCY: Bureau of Indian Affairs, Washington, DC 20024–5000; telephone about changes to, and the future of, the Interior. (202) 708–4932 (this is not a toll-free Operating Fund Formula. A copy of the ACTION: Notice of a 2003 amendment to number). Persons with hearing or Cost Study and related documents may a Tribal-State gaming Compact taking speech impairments may access this be downloaded from the Harvard GSD effect between the Stockbridge-Munsee number via TTY by calling the toll-free Web site (http://www.gsd.harvard.edu/ Community and the State of Wisconsin. Federal Information Relay Service at 1– research/research_centers/phocs/ 800–877–8339. index.html). SUMMARY: Under Section 11 of the SUPPLEMENTARY INFORMATION: Indian Gaming Regulatory Act of 1988 II. This Notice (IGRA), Pub. L. 100–497, 25 U.S.C. I. Background HUD believes that a reinitiation of the 2710, the Secretary of the Interior shall Section 9 of the United States dialogue with the industry and the publish, in the Federal Register, notice Housing Act of 1937 (42 U.S.C. 1437g) public on changes to the Operating of the approved Tribal-State compacts establishes an Operating Fund for the Fund Formula that commenced with the for the purpose of engaging in Class III purpose of making assistance available development of the Cost Study and gaming activities on Indian lands. The to PHAs for the operation and continued through its release, would be Assistant Secretary—Indian Affairs, management of public housing. Section beneficial to the Department and the Department of the Interior, through her 9 also requires that the amount of the industry in focusing on changes that delegated authority, has deemed assistance to be made available to a PHA should be considered to the Operating approved the 2003 Amendment to the

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Stockbridge-Munsee Community and associated costs, the current $260 the case even if the problem occurred the State of Wisconsin gaming Compact administrative costs assessment is being prior to January 1, 2004. For problems of 1992, as amended in 1998. By the increased to $290. we find prior to January 1, 2004, the terms of IGRA, the Amendment is DATES: The increase in the amount of amount of the administrative costs considered approved, but only to the the administrative costs assessment to assessment will remain at $260. extent that the Amendment is consistent $290 becomes effective on January 1, Dated: October 31, 2003. with the provisions of IGRA. The 2004. See the last paragraph in the Roseann Gonzales, Amendment authorizes the Tribe to pay SUPPLEMENTARY INFORMATION section for Acting Deputy Director, Office of Program the State between two and a quarter and more details regarding application of the and Policy Services. five percent of net revenues from all new amount of the assessment. [FR Doc. 03–30417 Filed 12–8–03; 8:45 am] class III gaming. The payment to the FOR FURTHER INFORMATION CONTACT: State is reduced if the scope of non- BILLING CODE 4310–MN–P Bureau of Reclamation, Office of Indian gaming is expanded within the Program and Policy Services, Attention: State or if a federally recognized tribe D–5200, P.O. Box 25007, Denver, opens a class III gaming facility within INTERNATIONAL TRADE Colorado 80225. seventy miles of the tribes on COMMISSION reservation gaming facility. In addition SUPPLEMENTARY INFORMATION: Background: Section 426.20 of the [Investigation 332–325] the Amendment authorizes, inter alia, Regulations provides that we will assess all banking, percentage and pari-mutuel The Economic Effects of Significant districts administrative costs if: (1) A card games, all forms of live poker, U.S. Import Restraints: Fourth Update craps, all banking and non-banking dice district delivers Reclamation irrigation water to land that was ineligible because AGENCY: United States International games, roulette and other wheel games, Trade Commission. keno, wheel of fortune, baccarat-chemin a landholder did not submit ACTION: de fer, pari-mutuel wagering on horse, certification or reporting forms to the Cancellation of public hearing. harness and dog racing events, district prior to receipt of the water; (2) a district does not provide us with EFFECTIVE DATE: December 3, 2003. Caribbean stud poker, let-it-ride, and SUMMARY: On November 28, 2003, the pai-gow poker. corrected landholder certification or reporting forms within 60 calendar days Commission received notice that the EFFECTIVE DATE: December 9, 2003. of our request for corrections; or (3) a only scheduled witnesses for the FOR FURTHER INFORMATION CONTACT: district delivers Reclamation irrigation hearing scheduled for December 9, George T. Skibine, Director, Office of water to ineligible excess land. Section 2003, in this matter have elected to have Indian Gaming Management, Bureau of 426.20(e) sets the amount of the their written submission serve as a Indian Affairs, Washington, DC 20240, administrative fee at $260. The amount substitute for their oral statement. (202) 219–4066. is based on the additional costs we Therefore, the public hearing in Dated: December 2, 2003. incur to perform activities to address the connection with this investigation, Aurene M. Martin, problems described in the first sentence scheduled to be held beginning at 9:30 Principal Deputy Assistant Secretary—Indian of this paragraph. Section 426.20(e) am on December 9, 2003, at the U.S. Affairs. further provides that we will review the International Trade Commission [FR Doc. 03–30504 Filed 12–8–03; 8:45 am] associated costs at least once every 5 Building, 500 E Street, SW., Washington, DC, is canceled. Notice of BILLING CODE 4310–4N–P years and adjust the assessment amount, if needed, to reflect new cost data. institution of this investigation and the Review Periods: The regulatory scheduling of the hearing was published DEPARTMENT OF THE INTERIOR provisions for the administrative costs in the Federal Register of August 21, assessment became effective on March 2003 (68 FR 50553). To be assured of Bureau of Reclamation 27, 1995. In 2000, we reviewed the cost consideration by the Commission, data for 1995–1999 and determined that written statements relating to the Adjustment of the Amount of an the amount of the assessment should Commission’s report should be Administrative Costs Assessment remain at $260. In July 2003, we submitted at the earliest practical date AGENCY: Bureau of Reclamation, reviewed the cost data for 2000–2002 and should be received not later than Interior. and determined that the amount of the COB January 10, 2004. All submissions should be addressed to the Secretary, ACTION: Notice of adjustment of the assessment needs to be increased by United States International Trade amount of an administrative costs $30, to $290. In 2006, we will review Commission, 500 E Street, SW., assessment (43 CFR 426.20[e]). the cost data for 2003–2005 and determine if the amount of the Washington, DC 20436. The SUMMARY: The Bureau of Reclamation administrative costs assessment needs Commission’s rules do not authorize (Reclamation, we, our, or us) is to be adjusted again. filing submissions with the Secretary by increasing the amount of the Application of the New facsimile or electronic means, except to administrative costs assessment set forth Administrative Costs Assessment: The the extent permitted by section 201.8 of in the Acreage Limitation Rules and new amount of the administrative costs the Commission’s Rules (19CFR201.8) Regulations (Regulations), 43 CFR part assessment becomes effective on (see Handbook for Electronic Filing 426. Section 426.20(e) of the January 1, 2004. However, application Procedures, ftp://ftp.usitc.gov/pub/ Regulations requires us to periodically will be based on the date Reclamation reports/electronic_filing_handbook.pdf). review the amount of the administrative actually finds and documents the forms FOR FURTHER INFORMATION CONTACT: costs we incur as a result of certain or excess land problem in question. Soamiely Andriamananjara, Project Reclamation Reform Act of 1982 (RRA) More specifically, if after January 1, Leader (202–205–3252) or Marinos forms and excess land problems and, if 2004, we find a forms or excess land Tsigas, Deputy Project Leader (202–708– needed, adjust the amount of the problem described in 43 CFR 426.20, 3654), Office of Economics, U.S. assessment to reflect new cost data. the amount of the administrative costs International Trade Commission, Based on our latest review of the assessment will be $290. This will be Washington, DC 20436. For information

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on the legal aspects of this investigation, Amended Complaint seeking injunctive States and State of Ohio v. Board of contact William Gearhart of the Office of relief and civil penalties from County Commissioners of Hamilton the General Counsel (202–205–2091). defendants for violations of the Clean County and the City of Cincinnati, D.J. Hearing impaired individuals are Water Act as well as State and Ref. 90–5–1–6–341A. advised that information on this matter ORSANCO laws and regulations relating The Final Consent Decree and/or the can be obtained by contacting the TDD to SSOs, combined sewer overflows IPCD may be examined at the Office of terminal on (202–205–1810). Persons (CSOs), and defendants’ wastewater the United States Attorney for the with mobility impairments who will treatment plants (‘‘WWTPs’’). In Southern District of Ohio, 221 E. 4th need special assistance in gaining access addition, the United States seeks Street, Atrium II, Suite 400, Cincinnati, to the Commission should contact the injunctive relief pursuant to Section 504 Ohio 45202, and at U.S. EPA Region V, Office of the Secretary at 202–205–2000. of the Clean Water Act, 33 U.S.C. 1364, 77 West Jackson Blvd, Chicago, IL for an imminent and substantial 60604–3590. A copy of the Final List of Subjects endangerment resulting from backups of Consent Decree and/or IPCD may also U.S. Import Restraints, Nontariff sewage into basements. be obtained by mail from the Consent measures (NTM), Tariffs, Imports. The proposed IPCD and the proposed Decree Library, P.O. Box 7611, U.S. By Order of the Commission. Final Decree, taken together, require the Department of Justice, Washington, DC defendants to: Implement an interim 20044–7611. During the public Issued: December 3, 2003. and then permanent remedy for SSO Marilyn R. Abbott, comment period, the Final Consent 700; to implement certain specified Decree and/or IPCD may also be Secretary. capital improvement projects for certain examined on the following Department [FR Doc. 03–30443 Filed 12–8–03; 8:45 am] SSOs and CSOs; to perform modeling of Justice Web site, http:// BILLING CODE 7020–02–P and analysis of their sanitary sewer www.usdoj.gov/enrd/open.html. A copy system; to propose a comprehensive of the Final Consent Decree and/or IPCD Capacity Assurance Program Plan may also be obtained by mail from the DEPARTMENT OF JUSTICE (‘‘CAPP’’) to address their remaining Consent Decree Library, P.O. Box 7611, SSOs and to provide adequate future U.S. Department of Justice, Washington, Notice of Lodging of Partial Consent system capacity; to develop and DC 20044–7611 or by faxing or e- Decree Under the Clean Water Act implement a Long Term Control Plan mailing a request to Tonia Fleetwood Update (‘‘LTCPU’’) to greatly reduce ([email protected]), fax no. Under 28 CFR 50.7, notice is hereby CSOs and bypassing at WWTPs and given that on December 3, 2003, a (202) 514–0097, phone confirmation bring them into compliance with the number (202) 514–1547. In requesting a proposed Consent Decree on Combined law; to implement the CAPP and Sewer Overflows, Wastewater copy of either or both proposed consent LTCPU, once they are approved by the decrees, please enclose a check payable Treatment Plants and Implementation of plaintiffs; to implement a Capacity Assurance Program Plan to the U.S. Treasury for reproduction comprehensive sewage ‘‘basement costs (at 25 cents per page) as follows: (‘‘proposed Final Consent Decree’’) in backup’’ program, including interim United States and State of Ohio v. IPCD, inclusive of Exhibits: $209.00; prevention (e.g., installing backflow IPCD, exclusive of Exhibits: $18.75; Board of County Commissioners of prevention devices in houses to prevent Hamilton County and the City of Final Consent Decree, inclusive of sewage in basement), long-term Exhibits: $47.00; Cincinnati, Civil Action Nos. C–1–02– prevention (implementing any Final Consent Decree, exclusive of 107 and C–1–02–108, was lodged with additional remedial measures beyond Exhibits: $27.25. the United States District Court for the those required by the CAPP or LTCPU Southern District of Ohio. On February to provide adequate sewer capacity to William D. Brighton, 15, 2003, the United States previously prevent basement backups in the Assistant Chief, Environmental Enforcement lodged a proposed Interim Partial future), cleanup for houses that have Section, Environment and Natural Resources Consent Decree on Sanitary Sewer had backups, and reimbursement for Division. Overflows (‘‘proposed IPCD’’). Notice of losses to real or personal property [FR Doc. 03–30470 Filed 12–8–03; 8:45 am] the proposed IPCD was previously caused by the backups; to perform BILLING CODE 4410–15–M published in the Federal Register, and several Supplemental Environmental public comments were received on the Projects, which must cost a minimum of proposed IPCD from February 28–March $5.3 million; and to pay a civil penalty DEPARTMENT OF JUSTICE 28, 2002. 67 F.R. 9320–21 (Feb. 28, of $1.2 million. 2002). The Department of Justice will receive Parole Commission On February 15, 2003, concurrently for a period of thirty (30) days from the with the lodging of the proposed IPCD, date of this publication comments Public Announcement Pursuant to the the United States and State of Ohio filed relating to the proposed Final Consent Government in the Sunshine Act separate complaints seeking injunctive Decree and/or the proposed IPCD. (Public Law 94–409, 5 U.S.C. Section relief from defendants for unauthorized (Commenters who have previously 552b) discharges from their sanitary sewer submitted comments on the proposed system, located in Hamilton County, IPCD need not reiterate their comments, AGENCY: Department of Justice, United Ohio. These unauthorized discharges and these will be re-reviewed and re- States Parole Commission. are also known as sanitary sewer considered by the United States in light TIME AND DATE: 9:30 a.m., Thursday, overflows, or SSOs, and are violations of of the proposed Final Consent Decree.) December 11, 2003. the Clean Water Act. On December 3, Comments should be addressed to the PLACE: 2003, concurrently with the lodging of Assistant Attorney General, 5550 Friendship Blvd., Fourth the proposed Final Consent Decree, the Environment and Natural Resources Floor, Chevy Chase, MD 20815. United States, State of Ohio, and Ohio Division, P.O. Box 7611, U.S. STATUS: Open. River Valley Water Sanitation Department of Justice, Washington, D.C. MATTERS TO BE CONSIDERED: The Commission (‘‘ORSANCO’’) filed a Joint 20044–7611, and should refer to United following matters have been placed on

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the agenda for the open Parole Interventional Cardiology Physician on a security background check and will be Commission meeting: the Advisory Committee on the Medical required to complete financial 1. Approval of Minutes of Previous Uses of Isotopes (ACMUI). disclosure statements, to avoid conflict- Commission Meeting. DATES: Nominations are due on or of-interest issues. 2. Reports from the Chairman, before March 8, 2004. Dated: December 3, 2003. Commissioners, Legal, Chief of Staff, ADDRESSES: Submit four copies of the Andrew L. Bates, Case Operations, and Administrative nominee’s resume to the Office of Sections. Advisory Committee Management Officer. Human Resources, Attn: Ms. Joyce [FR Doc. 03–30468 Filed 12–8–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Riner, Mail Stop T2D32, U.S. Nuclear Thomas W. Hutchison, Chief of Staff, Regulatory Commission, Washington, BILLING CODE 7590–01–P United States Parole Commission, (301) DC 20555. 492–5590. FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY Dated: December 4, 2003. Angela R. Williamson, Office of Nuclear COMMISSION Rockne Chickinell, Material Safety and Safeguards, U.S. General Counsel, U.S. Parole Commission. Nuclear Regulatory Commission, [Docket No: (Redacted), License No: Washington, DC 20555. Telephone (301) (Redacted), EA (Redacted)] [FR Doc. 03–30580 Filed 12–5–03; 10:44 am] 415–5030; e-mail: [email protected]. BILLING CODE 4410–31–M SUPPLEMENTARY INFORMATION: The In the Matter of a Power Reactor ACMUI advises NRC on policy and Licensee Who Transports Spent DEPARTMENT OF JUSTICE technical issues regarding the regulation Nuclear Fuel; Order Modifying License of the medical use of byproduct (Effective Immediately) Parole Commission material. Responsibilities include providing comments on changes to NRC I Public Announcement Pursuant to the rules, regulations, and guidance The Licensee identified in Government in the Sunshine Act documents; evaluating certain non- Attachment 1 to this Order has been (Public Law 94–409, 5 U.S.C. 552b) routine uses of byproduct material; issued a specific license by the U.S. providing technical assistance in Nuclear Regulatory Commission (NRC AGENCY: Department of Justice, United licensing, inspection, and enforcement or Commission) authorizing the States Parole Commission. cases; providing consulting services possession of spent nuclear fuel and a DATE AND TIME: 10:30 a.m., Thursday, when necessary; and bringing key issues general license authorizing the December 11, 2003. to the attention of NRC for appropriate transportation of spent nuclear fuel [in PLACE: U.S.Parole Commission, 5550 action. ACMUI members possess the a transportation package approved by Friendship Boulevard, 4th Floor, Chevy medical and technical skills needed to the Commission] in accordance with the Chase, Maryland 20815. address evolving issues. The current Atomic Energy Act of 1954, as amended, membership is comprised of the STATUS: Closed—Meeting. and 10 CFR parts 50 and 71. This Order following professionals: (a) Nuclear is being issued to all such licensees who MATTERS TO BE CONSIDERED: The medicine physician; (b) nuclear transport spent nuclear fuel. following matter will be considered cardiologist; (c) medical physicist in Commission regulations for the during the closed portion of the nuclear medicine, unsealed byproduct shipment of spent nuclear fuel at 10 Commission’s Business Meeting: material; (d) therapy physicist; (e) CFR 73.37(a) require these licensees to Appeals to the Commission involving radiation safety officer; (f) nuclear maintain a physical protection system approximately one case decided by the pharmacist; (g) two radiation that meets the requirements contained National Commissioners pursuant to oncologists; (h) patients’ rights in 10 CFR 73.37(b), (c), (d), and (e). reference under 28 CFR 2.27. This case advocate; (i) Food and Drug was originally heard by an examiner Administration representative; (j) State II panel wherein inmates of Federal government representative; and (k) On September 11, 2001, terrorists prisons have applied for parole and are health care administrator. NRC is simultaneously attacked targets in New contesting revocation of parole or inviting nominations for an York, NY, and Washington, DC, mandatory release. interventional cardiologist physician to utilizing large commercial aircraft as FOR FURTHER INFORMATION CONTACT: the ACMUI. Nominees should be weapons. In response to the attacks and Thomas W. Hutchison, Chief of Staff, interventional cardiologist physicians intelligence information subsequently United States Parole Commission, (301) with experience in intravascular obtained, the Commission issued a 492–5990. brachytherapy use of radiation sources. number of Safeguards and Threat Dated: December 4, 2003. Committee members serve a 3-year term, Advisories to its licensees in order to Rockne Chickinell, with possible reappointment to an strengthen licensees’ capabilities and General Counsel. additional 3-year term. Nominees must readiness to respond to a potential [FR Doc. 03–30581 Filed 12–5–03; 10:44 am] be U.S. citizens and be able to devote attack on a nuclear facility or regulated approximately 80 hours per year to activity. The Commission has also BILLING CODE 4410–31–M committee business. Members who are communicated with other Federal, State not Federal employees are compensated and local government agencies and for their service. In addition, members industry representatives to discuss and NUCLEAR REGULATORY are reimbursed travel expenses evaluate the current threat environment COMMISSION (including per diem, in lieu of in order to assess the adequacy of Call for Nominations subsistence); and are also reimbursed security measures at licensed facilities. secretarial and correspondence In addition, the Commission has been SUMMARY: The U.S. Nuclear Regulatory expenses. Members who are full-time conducting a comprehensive review of Commission (NRC) is advertising for Federal employees are reimbursed travel its safeguards and security programs nominations for the position of expenses only. Nominees will undergo and requirements.

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As a result of its consideration of III each requirement described in current safeguards and security plan Accordingly, pursuant to sections 53, Attachment 2. 2 The Licensee shall report to the requirements, as well as a review of 103, 104, 161b, 161i, 161o, 182 and 186 Commission when it has achieved full information provided by the intelligence of the Atomic Energy Act of 1954, as compliance with the requirements community, the Commission has amended, and the Commission’s described in Attachment 2. determined that certain additional regulations in 10 CFR 2.202 and 10 CFR security measures are required to be D. Notwithstanding any provisions of parts 50 and 71, it is hereby ordered, the Commission’s regulations to the implemented by licensees as prudent, effective immediately, that all licenses interim measures, to address the current contrary, all measures implemented or identified in Attachment 1 to this Order actions taken in response to this Order threat environment in a consistent are modified as follows: manner. Therefore, the Commission is shall be maintained until the A. The Licensee shall, Commission determines otherwise. imposing requirements, as set forth in notwithstanding the provisions of any Attachment 2 of this Order, on the Licensee responses to Conditions B1, Commission regulation or license to the B2, C1, and C2 above, shall be Licensee identified in Attachment 1 of contrary, comply with the requirements this Order.1 These additional security submitted to the NRC to the attention of described in Attachment 2 to this Order the Director, Office of Nuclear Reactor requirements, which supplement except to the extent that a more existing regulatory requirements, will Regulation under 10 CFR 50.4. In stringent requirement is set forth in the addition, Licensee submittals that provide the Commission with Licensee’s security plan. The Licensee reasonable assurance that the common contain Safeguards Information shall be shall immediately start implementation properly marked and handled in defense and security continue to be of the requirements in Attachment 2 to adequately protected in the current accordance with 10 CFR 73.21. the Order and shall complete The Director, Office of Nuclear threat environment. These requirements implementation by January 2, 2004, Reactor Regulation, may, in writing, will remain in effect until the unless otherwise specified in relax or rescind any of the above Commission determines otherwise. Attachment 2, or before the first conditions upon demonstration by the The Commission recognizes that shipment after December 3, 2003, Licensee of good cause. licensees may have already initiated whichever is earlier. many of the measures set forth in B. 1. The Licensee shall, within IV Attachment 2 to this Order in response twenty (20) days of the date of this In accordance with 10 CFR 2.202, the to previously issued Safeguards and Order, notify the Commission, (1) if it is Licensee must, and any other person Threat Advisories or on their own. It is unable to comply with any of the adversely affected by this Order may, also recognized that some measures may requirements described in Attachment submit an answer to this Order, and not be possible or necessary for all 2, (2) if compliance with any of the may request a hearing on this Order, shipments of spent nuclear fuel, or may requirements is unnecessary in their within twenty (20) days of the date of need to be tailored to accommodate the specific circumstances, or (3) if this Order. Where good cause is shown, licensees’ specific circumstances to implementation of any of the consideration will be given to extending achieve the intended objectives and requirements would cause the Licensee the time to request a hearing. A request avoid any unforeseen effect on the safe to be in violation of the provisions of for extension of time in which to submit transport of spent nuclear fuel. any Commission regulation or the an answer or request a hearing must be Although the additional security facility license. The notification shall made in writing to the Director, Office measures implemented by licensees in provide the Licensee’s justification for of Nuclear Reactor Regulation, U.S. response to the Safeguards and Threat seeking relief from or variation of any Nuclear Regulatory Commission, Advisories have been adequate to specific requirement. Washington, DC 20555–0001, and provide reasonable assurance of 2. If the Licensee considers that include a statement of good cause for adequate protection of common defense implementation of any of the the extension. The answer may consent and security, in light of the current requirements described in Attachment 2 to this Order. Unless the answer threat environment, the Commission to this Order would adversely impact consents to this Order, the answer shall, concludes that the security measures the safe transport of spent fuel, the in writing and under oath or must be embodied in an Order licensee must notify the Commission, affirmation, specifically set forth the consistent with the established within twenty (20) days of this Order, of matters of fact and law on which the regulatory framework. In order to the adverse safety impact, the basis for Licensee or other person adversely provide assurance that licensees are its determination that the requirement affected relies and the reasons as to why implementing prudent measures to has an adverse safety impact, and either the Order should not have been issued. achieve a consistent level of protection a proposal for achieving the same Any answer or request for a hearing to address the current threat objectives specified in the Attachment 2 shall be submitted to the Secretary, environment, the License identified in requirement in question, or a schedule Office of the Secretary of the Attachment 1 to this Order shall be for modifying the activity to address the Commission, U.S. Nuclear Regulatory modified to include the requirements adverse safety condition. If neither Commission, ATTN: Rulemakings and identified in Attachment 2 to this Order. approach is appropriate, the Licensee Adjudications Staff, Washington, DC In addition, pursuant to 10 CFR 2.202, must supplement its response to 20555–0001. Copies also shall be sent to and in light of the common defense and Condition B1 of this Order to identify the Director, Office of Nuclear Reactor security matters identified above which the condition as a requirement with Regulation, U.S. Nuclear Regulatory warrant the issuance of this Order, the which it cannot comply, with attendant Commission, Washington, DC 20555– Commission finds that the public justifications as required in Condition 0001, to the Assistant General Counsel health, safety, and interest require that B1. for Materials Litigation and Enforcement this Order be immediately effective. C. 1. The Licensee shall, within at the same address; to the Regional twenty (20) days of the date of this Administrator for the NRC Region 1 Attachments 1 and 2 contain Safeguards Order, submit to the Commission a appropriate for the specific facility; and Information and will not be released to the public. schedule for achieving compliance with to the Licensee if the answer or hearing

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request is by a person other than the NUCLEAR REGULATORY However, should circumstances change Licensee. Because of potential COMMISSION during the notice period such that disruptions in delivery of mail to United failure to act in a timely way would States Government offices, it is Biweekly Notice; Applications and result, for example, in derating or requested that answers and requests for Amendments to Facility Operating shutdown of the facility, the hearing be transmitted to the Secretary Licenses Involving No Significant Commission may issue the license of the Commission either by means of Hazards Considerations amendment before the expiration of the 30-day notice period, provided that its facsimile transmission to (301) 415– I. Background 1101 or by e-mail to final determination is that the Pursuant to Public Law 97–415, the amendment involves no significant [email protected], and also to the U.S. Nuclear Regulatory Commission hazards consideration. The final Office of the General Counsel either by (the Commission or NRC staff) is determination will consider all public means of facsimile transmission to (301) publishing this regular biweekly notice. and State comments received before 415–3725 or by e-mail to Public Law 97–415 revised section 189 action is taken. Should the Commission [email protected]. If a person of the Atomic Energy Act of 1954, as take this action, it will publish in the other than the Licensee requests a amended (the Act), to require the Federal Register a notice of issuance hearing, that person shall set forth with Commission to publish notice of any and provide for opportunity for a particularity the manner in which his amendments issued, or proposed to be hearing after issuance. The Commission interest is adversely affected by this issued, under a new provision of section expects that the need to take this action Order and shall address the criteria set 189 of the Act. This provision grants the will occur very infrequently. forth in 10 CFR 2.714(d). Commission the authority to issue and Written comments may be submitted If a hearing is requested by the make immediately effective any by mail to the Chief, Rules and amendment to an operating license Licensee or a person whose interest is Directives Branch, Division of upon a determination by the Administrative Services, Office of adversely affected, the Commission will Commission that such amendment Administration, U.S. Nuclear Regulatory issue an Order designating the time and involves no significant hazards Commission, Washington, DC 20555– place of any hearing. If a hearing is held, consideration, notwithstanding the 0001, and should cite the publication the issue to be considered at such pendency before the Commission of a date and page number of this Federal hearing shall be whether this Order request for a hearing from any person. Register notice. Written comments may should be sustained. This biweekly notice includes all also be delivered to Room 6D22, Two Pursuant to 10 CFR 2.202(c)(2)(i), the notices of amendments issued, or White Flint North, 11545 Rockville Licensee may, in addition to demanding proposed to be issued from, November Pike, Rockville, Maryland, from 7:30 a hearing, at the time the answer is filed 14, through November 26. The last a.m. to 4:15 p.m. Federal workdays. or sooner, move the presiding officer to biweekly notice was published on Copies of written comments received set aside the immediate effectiveness of November 25, 2003 (68 FR 66131). may be examined at the Commission’s Public Document Room (PDR), located the Order on the ground that the Order, Notice of Consideration of Issuance of at One White Flint North, Public File including the need for immediate Amendments to Facility Operating Area 01F21, 11555 Rockville Pike (first effectiveness, is not based on adequate Licenses, Proposed No Significant floor), Rockville, Maryland. The filing of evidence but on mere suspicion, Hazards Consideration Determination, requests for a hearing and petitions for unfounded allegations, or error. and Opportunity for a Hearing leave to intervene is discussed below. In the absence of any request for The Commission has made a By January 8, 2004, the licensee may hearing, or written approval of an proposed determination that the file a request for a hearing with respect extension of time in which to request a following amendment requests involve to issuance of the amendment to the hearing, the provisions specified in no significant hazards consideration. subject facility operating license and Section III above shall be final twenty Under the Commission’s regulations in any person whose interest may be (20) days from the date of this Order 10 CFR 50.92, this means that operation affected by this proceeding and who without further order or proceedings. If of the facility in accordance with the wishes to participate as a party in the an extension of time for requesting a proposed amendment would not (1) proceeding must file a written request hearing has been approved, the Involve a significant increase in the for a hearing and a petition for leave to provisions specified in Section III shall probability or consequences of an intervene. Requests for a hearing and a be final when the extension expires if a accident previously evaluated; or (2) petition for leave to intervene shall be filed in accordance with the hearing request has not been received. create the possibility of a new or different kind of accident from any Commission’s ‘‘Rules of Practice for An answer or a request for hearing accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 shall not stay the immediate involve a significant reduction in a CFR Part 2. Interested persons should effectiveness of this Order. margin of safety. The basis for this consult a current copy of 10 CFR 2.714, Dated at Rockville, Maryland, this 3rd day proposed determination for each which is available at the Commission’s of December, 2003. amendment request is shown below. PDR, located at One White Flint North, The Commission is seeking public Public File Area 01F21, 11555 Rockville For the Nuclear Regulatory Commission. comments on this proposed Pike (first floor), Rockville, Maryland. J.E. Dyer, determination. Any comments received Publicly available records will be Director, Office of Nuclear Reactor within 30 days after the date of accessible from the Agencywide Regulation. publication of this notice will be Documents Access and Management [FR Doc. 03–30466 Filed 12–8–03; 8:45 am] considered in making any final System’s (ADAMS) Public Electronic BILLING CODE 7590–01–P determination. Reading Room on the Internet at the Normally, the Commission will not NRC Web site, http://www.nrc.gov/ issue the amendment until the reading-rm/doc-collections/cfr/. If a expiration of the 30-day notice period. request for a hearing or petition for

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leave to intervene is filed by the above proven, would entitle the petitioner to supplemental petitions and/or requests date, the Commission or an Atomic relief. A petitioner who fails to file such for a hearing will not be entertained Safety and Licensing Board, designated a supplement which satisfies these absent a determination by the by the Commission or by the Chairman requirements with respect to at least one Commission, the presiding officer or the of the Atomic Safety and Licensing contention will not be permitted to Atomic Safety and Licensing Board that Board Panel, will rule on the request participate as a party. the petition and/or request should be and/or petition; and the Secretary or the Those permitted to intervene become granted based upon a balancing of designated Atomic Safety and Licensing parties to the proceeding, subject to any factors specified in 10 CFR Board will issue a notice of a hearing or limitations in the order granting leave to 2.714(a)(1)(i)–(v) and 2.714(d). an appropriate order. intervene, and have the opportunity to For further details with respect to this As required by 10 CFR 2.714, a participate fully in the conduct of the action, see the application for petition for leave to intervene shall set hearing, including the opportunity to amendment which is available for forth with particularity the interest of present evidence and cross-examine public inspection at the Commission’s the petitioner in the proceeding, and witnesses. PDR, located at One White Flint North, how that interest may be affected by the If a hearing is requested, the Public File Area 01F21, 11555 Rockville results of the proceeding. The petition Commission will make a final Pike (first floor), Rockville, Maryland. should specifically explain the reasons determination on the issue of no Publicly available records will be why intervention should be permitted significant hazards consideration. The accessible from the Agencywide with particular reference to the final determination will serve to decide Documents Access and Management following factors: (1) The nature of the when the hearing is held. System’s (ADAMS) Public Electronic petitioner’s right under the Act to be If the final determination is that the Reading Room on the Internet at the made a party to the proceeding; (2) the amendment request involves no NRC Web site, http://www.nrc.gov/ nature and extent of the petitioner’s significant hazards consideration, the reading-rm/adams.html. If you do not property, financial, or other interest in Commission may issue the amendment have access to ADAMS or if there are the proceeding; and (3) the possible and make it immediately effective, problems in accessing the documents effect of any order which may be notwithstanding the request for a located in ADAMS, contact the NRC entered in the proceeding on the hearing. Any hearing held would take PDR Reference staff at 1–800–397–4209, petitioner’s interest. The petition should place after issuance of the amendment. 301–415–4737 or by e-mail to If the final determination is that the also identify the specific aspect(s) of the [email protected]. subject matter of the proceeding as to amendment request involves a which petitioner wishes to intervene. significant hazards consideration, any AmerGen Energy Company, LLC, Docket Any person who has filed a petition for hearing held would take place before No. 50–289, Three Mile Island Nuclear leave to intervene or who has been the issuance of any amendment. Station, Unit 1 (TMI–1), Dauphin admitted as a party may amend the A request for a hearing or a petition County, Pennsylvania petition without requesting leave of the for leave to intervene must be filed with Date of amendment request: August 6, Board up to 15 days prior to the first the Secretary of the Commission, U.S. 2003. prehearing conference scheduled in the Nuclear Regulatory Commission, Description of amendment request: proceeding, but such an amended Washington, DC 20555–0001, Attention: This amendment would revise the petition must satisfy the specificity Rulemaking and Adjudications Staff, or Technical Specifications (TSs) to requirements described above. may be delivered to the Commission’s incorporate reference to the 10 CFR Not later than 15 days prior to the first PDR, located at One White Flint North, 50.55a, Codes and Standards, criteria for prehearing conference scheduled in the Public File Area 01F21, 11555 Rockville the inservice reactor building tendon proceeding, a petitioner shall file a Pike (first floor), Rockville, Maryland, surveillance requirements, to supplement to the petition to intervene by the above date. Because of incorporate an administrative change to which must include a list of the continuing disruptions in delivery of the TS Definition 1.22 to be consistent contentions which are sought to be mail to United States Government with 10 CFR 20.1003, as well as other litigated in the matter. Each contention offices, it is requested that petitions for administrative corrections from must consist of a specific statement of leave to intervene and requests for previously issued TS amendments. the issue of law or fact to be raised or hearing be transmitted to the Secretary Basis for proposed no significant controverted. In addition, the petitioner of the Commission either by means of hazards consideration determination: shall provide a brief explanation of the facsimile transmission to 301–415–1101 As required by 10 CFR 50.91(a), the bases of the contention and a concise or by e-mail to [email protected]. licensee has provided its analysis of the statement of the alleged facts or expert A copy of the request for hearing and issue of no significant hazards opinion which support the contention petition for leave to intervene should consideration, which is presented and on which the petitioner intends to also be sent to the Office of the General below: rely in proving the contention at the Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 1. Does the proposed change involve a hearing. The petitioner must also significant increase in the probability or provide references to those specific 0001, and because of continuing consequences of an accident previously sources and documents of which the disruptions in delivery of mail to United evaluated? petitioner is aware and on which the States Government offices, it is Response: No. petitioner intends to rely to establish requested that copies be transmitted The proposed revision to Technical those facts or expert opinion. Petitioner either by means of facsimile Specification 4.4.2.1 and associated Bases must provide sufficient information to transmission to 301–415–3725 or by e- Section incorporates reference to the criteria show that a genuine dispute exists with mail to [email protected]. A copy of 10 CFR 50.55a, ‘‘Codes and standards,’’ in addition to the existing criteria of Regulatory the applicant on a material issue of law of the request for hearing and petition Guide 1.35. This change provides or fact. Contentions shall be limited to for leave to intervene should also be consistency between the Technical matters within the scope of the sent to the attorney for the licensee. Specification tendon surveillance program amendment under consideration. The Nontimely filings of petitions for criteria and the regulatory requirements contention must be one which, if leave to intervene, amended petitions, specified in 10 CFR 50.55a(b)(2)(vi). These

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regulatory requirements and the associated Response: No. ZIRLO cladded fuel to the PVNGS surveillance program ensure that the reactor The proposed revision to Technical reactors. building tendon prestressing system is Specification 4.4.2.1 and associated Bases Basis for proposed no significant capable of maintaining the structural Section incorporates reference to the criteria hazards consideration determination: integrity of the containment during operating of 10 CFR 50.55a, ‘‘Codes and standards,’’ in As required by 10 CFR 50.91(a), the and accident conditions. The reactor building addition to the existing criteria of Regulatory prestressing system is not an initiator of any Guide 1.35. This change provides licensee has provided its analysis of the accident. Therefore, this change is not related consistency between the Technical issue of no significant hazards to the probability of any accident previously Specification tendon surveillance program consideration, which is presented evaluated. This change ensures that the criteria and the regulatory requirement below: containment tendon surveillance program specified in 10 CFR 50.55a(b)(2)(vi). The 1. The proposed change does not involve addresses the appropriate regulatory criteria. containment examination and inspection a significant increase in the probability or This change does not result in any reduction requirements specified in 10 CFR consequences of an accident previously in the effectiveness of the existing 50.55a(b)(2)(vi) meet the same standards as evaluated. surveillance program. The tendon the criteria specified in Regulatory Guide The proposed change would revise surveillance program will continue to ensure 1.35. The proposed Technical Specification sections of the PVNGS UFSAR, which that the containment structure is capable of change does not result in any reduction in describe the maximum fuel pin performing its intended safety function in the effectiveness of the existing tendon pressurization criteria used for fuel handling event of a design basis accident. Therefore, surveillance program. The tendon accident safety analyses. this change has no affect on the surveillance program will continue to satisfy No additional equipment is being added as consequences of an accident previously the applicable Technical Specification and a result of the proposed change. None of the regulatory required criteria, thus ensuring evaluated. failure modes and effects analyses are that the containment structure will perform The proposed changes to Technical impacted by the proposed change since no its design safety function in accordance with Specification Definition 1.22, Technical structures, systems, or components (SSCs) existing margins of safety for containment Specification 3.1.6.6 and associated Bases, are being modified, system lineups remain integrity. and Technical Specification 3.24 Bases are the same, and operator actions for fuel The proposed changes to Technical only administrative changes or corrections handling accident are not changing. No and have no affect on plant design or Specification Definition 1.22, Technical manual actions are being substituted for operations. Therefore, the proposed change Specification 3.1.6.6 and associated Bases, automatic actions. The SSCs relied upon to does not involve a significant increase in the and Technical Specification 3.24 Bases are mitigate the event are not changing. probability or consequences of an accident only administrative changes or corrections Specifically, the fuel building, BOPESFAS previously evaluated. and have no affect on plant design or (Balance of Plant-Engineered Safety Features 2. Does the proposed change create the operations. Actuation System), radiation monitor possibility of a new or different kind of Therefore, the proposed change does not setpoints, etc. . . are not impacted. The accident from any accident previously involve a significant reduction in a margin of methodology changes will have no impact on evaluated? safety. the likelihood of a malfunction of any SSCs. Response: No. The NRC staff has reviewed the No departures from the design or testing The proposed revision to Technical licensee’s analysis and, based on this and performance standards outlined in any Specification 4.4.2.1 and associated Bases 10 CFR [Part] 50, Appendix A, General Section incorporates references to the criteria review, it appears that the three standards of 10 CFR 50.92(c) are Design Criteria (GDC) will result from the of 10 CFR 50.55a, ‘‘Codes and standards,’’ in proposed activity. The proposed UFSAR addition to the existing criteria of Regulatory satisfied. Therefore, the NRC staff changes will not make any SSCs more likely Guide 1.35. This change provides proposes to determine that the to fail (no direct effects). Even with higher consistency between the Technical amendment request involves no fuel pin pressures, the use of ZIRLO cladding Specification tendon surveillance program significant hazards consideration. provides more margin to design stress limits criteria and the regulatory requirement Attorney for licensee: Edward J. Cullen, (liftoff pressure) than Zircaloy cladding. specified in 10 CFR 50.55a(b)(2)(vi). The Jr., Esquire, Vice President, General Regardless of the fuel type (and hence proposed Technical Specification change Counsel and Secretary, Exelon cladding type), the design stress and code does not result in any reduction in Generation Company, LLC, 300 Exelon allowable limits will not be exceeded. Palo effectiveness of the existing tendon Verde Nuclear Generating Station (PVNGS) surveillance program. The tendon Way, Kennett Square, PA 19348 NRC ‘‘Fuel Mishandling Accident Evaluation with surveillance program will continue to satisfy Section Chief: Richard J. Laufer. ZIRLO Fuel Rods’’ concluded that the the applicable Technical Specification and Arizona Public Service Company, et al., analysis of record for fuel handling events regulatory required criteria, thus ensuring involving fuel assemblies containing ZIRLO that the containment structure will perform Docket Nos. STN 50–528, STN 50–529, cladding would remain bounding. No its design safety function. This change has no and STN 50–530, Palo Verde Nuclear physical changes to any SSCs will be affect on the design and operation of plant Generating Station, Units 1, 2, and 3, performed as a result of the proposed structures, systems, and components. This Maricopa County, Arizona changes. In addition, system/equipment change does not introduce any new accident Date of amendments request: August redundancy requirements are maintained precursors and does not involve any 22, 2003. with the proposed UFSAR changes. alterations to plant configurations, which Fuel handling accident analyses must could initiate a new or different kind of Description of amendments request: ensure doses at the site boundary and control accident. The amendments would revise three room remains well within 10 CFR Part 100 The proposed changes to Technical different sections in the Updated Final and 10 CFR [Part] 50 Appendix A, GDC 19 Specification Definition 1.22, Technical Safety Analysis Report (UFSAR) for exposure guideline. Restricting the peak Specification 3.1.6.6 and associated Bases, PVNGS [Palo Verde Nuclear Generating assembly average fuel pin pressure to <1200 and Technical Specification 3.24 Bases are Station], Units 1, 2, and 3. This request psig will still result in acceptable doses. only administrative changes or corrections would revise the sections of the UFSAR Therefore, no indirect effects on SSCs and have no affect on plant design or which describe the maximum fuel pin associated with dose limitations are operations. pressurization criteria used for fuel impacted. Therefore, the proposed change does not Consequences mean dose at the Exclusion create the possibility of a new or different handling accident safety analyses. This Area Boundary (EAB), Low Population Zone kind of accident from any accident change is necessitated due to the (LPZ), and Control Room; therefore, an previously evaluated. combination of higher core burnup increase in consequences must involve an 3. Does the proposed change involve a designs, fuel which contains erbia increase in radiological doses to the public or significant reduction in a margin of safety? poison, and the recent introduction of to control room operators. No changes to the

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dose exposure as a result of a fuel handling a different type as long as the design pressure protection of the public from the effects of accident are proposed for the methodology structural limits of the fuel assembly are not design basis fuel handling accidents change and Regulatory Guide 1.25 deviation approached. PVNGS calculation documents involving fuel with peak rod average bumups requested. Therefore, there are no minimum liftoff pressures will not be as high as 62 GWD/MTU will continue.’’ radiological consequence changes for this challenged regardless of the fuel type or To assess the margin of safety, the event. cladding type. Maintaining peak assembly methodology specified in Regulatory Guide The fuel handling accident event does average fuel pin pressure below 1200 psig 1.183, [‘‘]Alternative Radiological Source involve fuel barrier failure and does involve will not challenge the liftoff pressure design Terms for Evaluating Design Basis Accidents consequences, however no changes to the basis limit for the cladding. The peak pin at Nuclear Power Reactors,[’’] was evaluated. fuel handling dose calculation are required internal pressures for the hot rods never This regulatory guide suggests a DF of 200 for since the decontamination factor will remain exceed the clad liftoff pressure and therefore iodine. This DF is well above the DF of 100 unchanged even with maximum fuel pin the fuel pins will not be more likely to fail. specified by Regulatory Guide 1.25. pressure exceeding 1200 psig. Activities Vendor calculation shows that the ZIRLO APS [Arizona Public Service] proposes that affecting on-site dose consequences that may cladding fuel design results in a greater ample margin is retained to justify the require prior NRC approval are those that margin to the design pressure limit of the fuel continued used [use] of an overall impede required actions inside or outside the cladding and also documents liftoff pressures decontamination factor of 100 at a peak control room to mitigate the consequences of are not exceeded for PVNGS fuel designs. assembly average fuel pin pressure of 1200 reactor accidents. The design function of the SSCs required psig. The proposed change does not modify any to function during a fuel handling accident Therefore, APS has concluded that the operator actions and hence will not impede is to provide protection to ensure fuel proposed license amendment request does required actions inside or outside the control damage is limited to 236 fuel pins (one fuel not involve a significant reduction in a room to mitigate the consequences of reactor assembly) and ensuring doses do not exceed margin of safety. accidents. The proposed change will not established limits. These are indirect affects. Based on the above, APS concludes that prevent or degrade the effectiveness of This change will not make a SSC more likely the [activities associated with] the proposed actions described or assumed in an accident to fail (no direct affects). In fact, ZIRLO amendment(s) present no significant hazards discussed in the UFSAR. The proposed cladding fuel is less likely to fail than the consideration under the standards set forth in change does alter assumptions previously original Zircaloy-4 cladding fuel. No physical 10 CFR 50.92 [‘‘Issuance of Amendment,’’] (c) made in evaluating the radiological changes to the SSCs will be performed as a and, accordingly, a finding of ‘‘no significant consequences of an accident described in the result of the proposed change. This proposed hazards consideration’’ is justified. UFSAR, however the altered assumption is a change does not change the failure modes for methodology change. If the proposed the SSCs required to operate for the fuel The NRC staff has reviewed the methodology change were not applied, the handling accident. The cladding calculations licensee’s analysis and, based on that calculated dose would increase. The peak document design stress or code allowable review, it appears that the three assembly average pin pressure concept limits will not be exceeded. Hence, system/ standards of 10 CFR 50.92(c) are would allow the decontamination factor (DF) equipment redundancy requirements are satisfied. Therefore, the NRC staff to remain the same and therefore maintained. Fuel handling accident analyses proposes to determine that the request consequences would remain unchanged. The must ensure doses at the site boundary for amendments involves no significant proposed change does not play a direct role remain within acceptable design limits. The hazards consideration. in mitigating the radiological consequences cladding calculations document fuel pin of an accident described in the UFSAR. The pressures do not exceed the design pressure Attorney for licensee: Kenneth C. radiological consequences of the accident ratings for the fuel assembly. Therefore, no Manne, Senior Attorney, Arizona Public described in the UFSAR are bounding for the indirect effects on SSCs associated fuel clad Service Company, P.O. Box 52034, Mail proposed activity (e.g., the results of the pressure boundary exist. None of the failure Station 7636, Phoenix, Arizona 85072– UFSAR analysis bound those that would be modes and effects analyses are impacted by 2034. associated with the proposed change). this methodology change since no SSCs are NRC Section Chief: Stephen Dembek. Therefore, the proposed change does not being modified, system lineups remain the involve a significant increase in the same, and operator actions are not changing. Arizona Public Service Company, et al., probability or consequences of an accident Therefore, the proposed change does not Docket Nos. STN 50–528, STN 50–529, previously evaluated. create the possibility of a new or different and STN 50–530, Palo Verde Nuclear 2. The proposed change does not create the kind of accident from any accident Generating Station, Units 1, 2, and 3, possibility of a new or different kind of previously evaluated. Maricopa County, Arizona. accident from any accident previously 3. The proposed change does not involve evaluated. a significant reduction in a margin of safety. Date of amendments request: The accident affected by the proposed The Nuclear Reactor Regulation (NRR) September 17, 2003. change is the fuel handling accident (UFSAR Safety Evaluation, ‘‘Related to Task Interface Description of amendments request: Section 15.7.4). The proposed change does Agreement 99–03 Regarding Potential The amendments would revise sections not involve any new equipment and does not Nonconservative Assumptions for Fuel of the Technical Specifications (TS) to operate any existing equipment in a different Handling Accident, McGuire Nuclear Station, support replacement of the part length or more severe manner than what has dated November 24, 1999,’’ states in part, control element assemblies (PLCEAs) previously been analyzed. PVNGS ‘‘The NRR staff has concluded that the with a new design that contains neutron evaluations concluded all analyses of record increased rod pressures associated with for fuel handling events involving fuel extended bumup fuel can be expected to absorber over the entire control section assemblies containing ZIRLO cladding will decrease the value of the iodine DF. of the CEA. The replacements are remain bounding. The material strength of However, the NRR staff believes that the referred to as part strength control ZIRLO is significantly higher than that for iodine DF value of 100 provided in element assemblies (PSCEAs). Zircaloy-4. Since the allowable stresses for Regulatory Guide 1.25 has sufficient margin Additionally, a change is proposed to ZIRLO cladding are significantly higher than to compensate for the increases in rod gas TS 3.1.5—‘‘Control Element Assembly for Zircaloy-4, the same number of fuel rods pressures at current allowable bumup levels (CEA) Alignment,’’ Condition B, to (or fewer) will be damaged by the same and for the expected increases in gap release eliminate a potential condition which accident scenarios as previously evaluated. fractions. Conservatisms in the assessment of could cause an unwarranted plant Regardless of the fuel type (and hence the amount of fuel damage provide cladding type), the design stress and code additional margin. Design basis fuel handling shutdown. allowable limits will not be exceeded. Slight accidents are not considered to have a high Basis for proposed no significant changes in the maximum fuel pin pressure risk significance. On the basis of these hazards consideration determination: during fuel movement will have no impact findings, the staff concludes that there is As required by 10 CFR 50.91(a), the on the possibility of creating an accident of reasonable assurance that adequate licensee has provided its analysis of the

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issue of no significant hazards Concerning TS Limiting Condition for (CEACs) and Core Protection Calculators consideration, which is presented Operation (LCO) 3.1.5, Condition B, (CPCs) for generation of a penalty factor. This below: proposed change; there are three position change will still require at least one position indicator channels available for each CEA. indication channel be available for each CEA. 1. The proposed change does not involve Current TS Bases state that, ‘‘At least two of Allowing Condition ‘B’ of LCO 3.1.5 to apply a significant increase in the probability or the following three CEA position indicator to more than one CEA per group does not consequences of an accident previously channels shall be OPERABLE for each CEA.’’ create the possibility of a different type of evaluated. Additionally the TS Bases states, ‘‘If only one malfunction than previously evaluated in the The physical difference between the 4- CEA position indicator channel is UFSAR [Updated Final Safety Analysis finger full strength control element OPERABLE, continued operation in MODES Report]. assemblies (FSCEAs) and the PSCEAs 1 and 2 may continue, provided, within 6 Therefore, the proposed amendment will involves using Inconel rather than B4C (boron hours, at least two position indicator not create the possibility of a new or different carbide) over 100% of the active control channels are returned to OPERABLE status; kind of accident from any accident section of each CEA finger. In addition, the or within 6 hours and once per 12 hours, previously evaluated. PSCEAs use Inconel tubing to encase solid verify that the CEA group with the inoperable 3. The proposed change does not involve Inconel slugs, which cover the entire control position indicators are either fully a significant reduction in a margin of safety. section of the control element assembly withdrawn or fully inserted while The design of the PSCEAs is very similar (CEA). The current PLCEAs (also have only maintaining the insertion limits of LCO 3.1.6, to the FSCEAs except for the neutron 4-fingers) use solid Inconel rods for only the LCO 3.1.7 and LCO 3.1.8.’’ The TS Bases absorber within each finger of a PSCEA. The lower half of each finger and B4C pellets in make no restriction or condition limiting PSCEAs do not have as strong of a neutron the top 15 inches (10%) of the control section only one CEA within a subgroup to having absorber (Inconel) as that which is contained of the CEA. Although failure of the solid only one CEA position indication channel. in the FSCEAs (B4C). There is a weight Inconel region due to neutron fluence would Current analyses already assume that more difference which results from the Inconel be less likely than a typical clad design, the than one CEA in a subgroup could have only slugs contained in the PSCEAs being heavier differences in swelling between the Inconel one position indicator OPERABLE. than the B4C pellets used in the FSCEAs. slugs encased by Inconel clad for the PSCEAs Modifying the wording for Condition B, of Even though the weight of the 4-finger will be minor and result in a minimal impact LCO 3.1.5, will not affect the likelihood or PSCEAs is greater than the weight of the 4- on clad integrity. With the exception of the consequences of a CEA drop, slip, ejection, finger PLCEAs, the CEA drive mechanism neutron absorber, the cladding design used or misalignment. This change will still and support components shall operate within for the PSCEAs is similar to the cladding of require at least one position indication their design bases. Therefore, the PSCEAs the full strength CEAs (FSCEAs). The channel be available for each CEA. can be considered adequate for safety-related geometry, cladding materials, and the spider Consequently, the proposed change does applications. Consequently, the differences assembly that supports the CEA fingers are not involve a significant increase in the in design between the current PLCEAs and essentially the same for the 4-finger FSCEAs probability or consequences of an accident. the PSCEAs do not adversely impact safe and the PSCEAs. The principal difference 2. The proposed change does not create the operation. results from the Inconel slugs contained in possibility of a new or different kind of The PLCEAs are not relied upon for the PSCEAs being heavier than the B4C accident from any accident previously shutdown margin or accident mitigation and pellets used in the FSCEAs. Even though the evaluated. no new requirements will apply to the weight of a 4-finger PSCEA is greater than the The proposed changes do not introduce PSCEAs. However, the design of the PSCEAs weight of a 4-finger PLCEA or a 4-finger any new mode of plant operation and the is effectively eliminating the concern FSCEA, this weight difference is bounded by PSCEAs, like the PLCEAs, are not relied associated with the insertion of the PLCEAs the 12-finger FSCEAs which are operated by upon for accident mitigation. The PSCEAs past the PDILs which could result in an the same CEA drive mechanism system. will be operated in exactly the same manner undesirable shift in neutron flux to the top The PSCEAs use Inconel as a neutron in which the PLCEAs are operated. The of the core due to the region within the absorber in the entire control section of each existing operating restrictions for the PLCEAs PLCEAs that do not have neutron absorber. CEA finger and will be operationally used the will apply to the PSCEAs. In particular, the The PSCEAs have neutron absorber same way as the PLCEAs. In particular, the power dependent insertion limit (PDIL) throughout their entire control section, insertion restraints that are defined by the restrictions identified in the Core Operating which prevents a neutron flux shift to the top power dependent insertion limits (PDILs) for Limits Report (COLR) will remain the same of the core if inserted past the PDIL, when the PLCEAs will remain the same for the for the PSCEAs. The PSCEA design uses compared to that of the PLCEAs. PSCEAs. This existing requirement will not Inconel over the entire control section of In addition, renaming the ‘‘full length result in any significant operational impact each CEA finger, which will prevent the CEAs’’ and ‘‘part length CEAs’’ to ‘‘full on the PSCEAs since the solid Inconel potential undesired flux redistribution strength CEAs’’ and ‘‘part length or part cylinder in the bottom 50% (operating range currently associated with the misoperation of strength CEAs,’’ respectively, and providing of the PDILs) of the PLCEAs has essentially PLCEAs. Therefore, the analysis associated definition for the PSCEAs will not impact the the same reactivity worth as that of the with the undesired flux redistribution safe operation of the plant. The terminology PSCEAs. misoperation for the PLCEAs will be will be appropriately changed in any related In addition, renaming the full length CEAs eliminated from PVNGS [Palo Verde Nuclear document, equipment tag, or indication on a and part length CEAs to full strength CEAs Generating Station] safety analyses. PSCEA control panel. and part strength CEAs, respectively, and misoperation events are bounded by the Concerning TS LCO 3.1.5, Condition B, providing definition for the PSCEAs will not existing PLCEA and FSCEA misoperation proposed change, the current licensing bases impact the safe operation of the plant. The safety analyses. already consider having more than one CEA terminology will be appropriately changed in In addition, renaming (within the in a CEA group with only one available any related document, equipment tag, or Technical Specifications) the ‘‘full length position indication. The TS Bases for LCO indication on a control panel. CEAs’’ and ‘‘part length CEAs’’ to ‘‘full 3.1.5, Condition B state that, ‘‘At least two of The PLCEAs are not credited in the strength CEAs’’ and ‘‘part length or part the following three CEA position indicator accident analyses for accident mitigation. strength CEAs,’’ respectively, and providing channels shall be OPERABLE for each CEA.’’ The PSCEA design eliminates an accident a definition for the PSCEAs will not impact Additionally the Bases states, ‘‘If only one scenario involving the insertion of a PLCEA the safe operation of the plant. The CEA position indicator channel is past the PDIL, which results in an axial shift terminology will be appropriately changed in OPERABLE, continued operation in MODES in power due to the upper region of the any related document, equipment tag, or 1 and 2 may continue, provided, within 6 PLCEAs which has no neutron absorber. This indication on a control panel. hours, at least two position indicator condition will not occur with the PSCEAs Concerning TS LCO 3.1.5, Condition B channels are returned to OPERABLE status; because they are filled with neutron absorber proposed change, CEA position indication or within 6 hours and once per 12 hours, over 100% of the control section of each channels have no control function and verify that the CEA group with the inoperable finger. provide input to the CEA Calculators position indicators are either fully

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withdrawn or fully inserted while 1. The proposed change does not involve by the American Society of Mechanical maintaining the insertion limits of LCO 3.1.6, a significant increase in the probability or Engineers (ASME) Code serve to maintain LCO 3.1.7 and LCO 3.1.8.’’ The TS Bases consequences of an accident previously containment response to accident conditions, make no restriction or condition limiting evaluated. by causing the identification and repair of only one CEA within a subgroup, to having The proposed changes would revise defects in the containment. In addition, the only one CEA position indication channel Technical Specification (TS) Section 5.5.6, change affects the frequency of visual OPERABLE. Therefore, modifying the ‘‘Pre-Stressed Concrete Containment Tendon examinations that will be performed for the wording for LCO 3.1.5, Condition B, does not Surveillance Program,’’ and Section 5.5.16, concrete surface containments. The proposed involve a significant reduction in the margin ‘‘Containment Leakage Rate Testing change also allows those examinations to be of safety since loss of indication to more than Program,’’ for consistency with the performed during power operation as one CEA is already considered in the requirements of 10 CFR 50.55a(g)(4) for opposed to during a refueling outage. licensing bases. components classified as Code Class CC. The Therefore, this change updates the Technical Therefore, the proposed changes do not revised requirements do not affect the Specifications to meet the current regulations involve a significant reduction in the margin function of the containment post-tensioning and eliminates duplication of requirements. of safety. system components. The post-tensioning The safety function of the containment as a Based on the above, APS [Arizona Public systems are passive components whose fission product barrier will be maintained. Service] concludes that the activities failure modes could not act as accident Therefore, this proposed change does not associated with the proposed amendment(s) initiators or precursors. The improved create the possibility of an accident of a present no significant hazards consideration inspections required by the American Society different kind than previously evaluated. under the standards set forth in 10 CFR 50.92 of Mechanical Engineers (ASME) Code serve 3. The proposed change does not involve [‘‘Issuance of Amendment,’’] (c) and, to maintain containment response to accident a significant reduction in a margin of safety. accordingly, a finding of ‘‘no significant conditions, by causing the identification and The proposed change revises the improved hazards consideration’’ is justified. repair of defects in the containment. Standard Technical Specification The NRC staff has reviewed the The proposed change affects the frequency administrative controls programs for licensee’s analysis and, based on that of visual examinations that will be performed consistency with the requirements of 10 CFR review, it appears that the three for the concrete surfaces of the containment 50.55a(g)(4) for components classified as standards of 10 CFR 50.92(c) are for the purpose of the Containment Leakage Code Class CC. The function of the Rate Testing Program. In addition, the containment post-tensioning system satisfied. Therefore, the NRC staff proposed change allows those examinations proposes to determine that the request components are not altered by this change. to be performed during power operation as The change also affects the frequency of for amendments involves no significant opposed to during a refueling outage. The visual examinations that will be performed hazards consideration. frequency of visual examinations of the for the concrete surface containments. In Attorney for licensee: Kenneth C. concrete surfaces of the containment and the addition, the proposed change allows those Manne, Senior Attorney, Arizona Public mode of operation during which those examinations to be performed during power Service Company, P.O. Box 52034, Mail examinations are performed has no operation as opposed to during a refueling Station 7636, Phoenix, Arizona 85072– relationship to or adverse impact on the outage. The change ensures that containment 2034. probability of any of the initiating events integrity [will be maintained] and ensures NRC Section Chief: Stephen Dembek. assumed in the accident analyses. The that the safety function of the containment as proposed change would allow visual a fission product barrier will be maintained. Arizona Public Service Company, et al. examinations that are performed pursuant to Therefore, this proposed change does not Docket Nos. STN 50–528, STN 50–529, and NRC approved ASME Code Section XI involve a significant reduction in a margin of STN 50–530, Palo Verde Nuclear Generating requirements (except where relief has been safety. granted by the NRC) to meet the intent of Station, Units 1, 2, and 3, Maricopa County, The NRC staff has reviewed the Arizona visual examinations [as] required by Regulatory Guide 1.163, ‘‘Performance-Based licensee’s analysis and, based on this Date of amendment request: October 7, Containment Leak-Test Programs,’’ without review, it appears that the three 2003. requiring additional visual examinations standards of 10 CFR 50.92(c) are Description of amendment request: The pursuant to the Regulatory Guide. The intent satisfied. Therefore, the NRC staff licensee is proposing to revise Technical of early detection of deterioration will Specification (TS) Section 5.5.6, ‘‘Pre- proposes to determine that the continue to be met by the more rigorous amendments request involves no Stressed Concrete Containment Tendon requirements of the ASME Code[-]required Surveillance Program,’’ for consistency with visual examinations. As such, the safety significant hazards consideration. the requirements of 10 CFR 50.55a(g)(4) for function of the containment as a fission Attorney for licensee: Kenneth C. components classified as Code Class CC. The product barrier is maintained. Manne, Senior Attorney, Arizona Public proposed revision to TS 5.5.6 is to indicate The proposed amendment does not impact Service Company, P.O. Box 52034, Mail that the Containment Tendon Surveillance any accident initiators, analyzed events, or Program, inspection frequencies, and Station 7636, Phoenix, Arizona 85072– acceptance criteria shall be in accordance assumed mitigation of accident or transient 2034. with Section XI, Subsection IWL of the events. The proposed changes do not involve NRC Section Chief: Stephen Dembek. American Society of Mechanical Engineers the addition or removal of any equipment or Boiler and Pressure Vessel Code and the any design changes to the facility. Dominion Nuclear Connecticut, Inc., applicable addenda as required by 10 CFR Therefore, this proposed change does not Docket No. 50–245, Millstone Power 50.55a, except where an exemption or relief represent a significant increase in the Station, Unit No. 1, New London has been authorized by the NRC. The probability or consequences of an accident County, Connecticut licensee has also proposed to delete the previously evaluated. provisions of Surveillance Requirement 3.0.2 2. The proposed change does not create the Date of amendment request: from this specification. possibility of a new or different kind of September 18, 2003. In addition, the licensee is proposing to accident from any accident previously Description of amendment request: revise TS 5.5.16, ‘‘Containment Leakage Rate evaluated. The licensee is proposing to revise the Testing Program,’’ to add exceptions to The proposed change revises the Technical Design Features Technical Specification Regulatory Guide 1.163, ‘‘Performance-Based Specification administrative controls 4.2, ‘‘Fuel Storage.’’ The licensee’s programs for consistency with the Containment Leak-Test Program.’’ technical specification change Basis for proposed no significant hazards requirements of 10 CFR 50.55a(g)(4) for consideration determination: As required by components classified as Code Class CC. The implements the following proposed 10 CFR 50.91(a), the licensee has provided its function of the containment post-tensioning changes: analysis of the issue of no significant hazards system components are not altered by this (1) Eliminates all credit for Boraflex as consideration, which is presented below: change. The improved inspections required a neutron absorber.

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(2) Reduces the number of fuel fuel related accidents previously analyzed, Specification changes the maximum SFP keff assemblies allowed to be stored in the therefore this change does not involve a from 0.90 to 0.95. This is not a significant spent fuel pool (SFP) from 3229 to 2959. significant increase in the probability or reduction in the margin to [of] safety since The fuel will be prohibited from being consequences of an accident previously the proposed value of 0.95 is consistent with evaluated. the accepted regulatory guidance for [the] stored in 270 specific storage rack In summary, the proposed changes do not sub-criticality margin. The proposed locations. This is necessary to support involve an increase in the probability or criticality analysis demonstrates that the SFP the elimination of all credit for Boraflex. consequences of an accident previously keff remains ≤0.95 on a 95/95 basis under all (3) Changes the required spent fuel evaluated. normal and postulated accident conditions, pool keff to ≤0.95. This is necessary to 2. The proposed change does not create the thus the required margin of criticality safety support the elimination of all credit for possibility of a new or different kind of has been maintained. Boraflex. accident from any accident previously The proposed changes conservatively (4) Eliminates the design features evaluated. reduce the amount of fuel that can be stored, requirements on new fuel storage, since Since there are no changes to the plant and therefore do not affect the SFP cooling equipment, there is no possibility of a new analysis. Therefore, the spent fuel in the SFP Millstone Unit No. 1 (MP1) is a plant or different kind of accident being initiated remains adequately cooled so that the fission that has ceased power operation and or affected by equipment issues. product barriers remain intact. will no longer receive new fuel. Reducing the number of fuel assemblies to The removal of Technical Specification Basis for proposed no significant be stored in the pool, and discontinuing requirements for the new fuel storage keff hazards consideration determination: credit for Boraflex are conservative changes limits does not affect the margin of safety As required by 10 CFR 50.91(a), the that do not introduce any new or different since new fuel can no longer be received. licensee has provided its analysis of the kind of failure modes. Therefore, based on the above, the issue of no significant hazards The changes made primarily affect the proposed changes do not involve a consideration, which is presented nuclear criticality analysis and do not create significant reduction in a margin of safety. a new or different kind of accident. Changes The NRC staff has reviewed the below: in eliminating Boraflex credit, restricting fuel 1. The proposed change does not involve in certain storage locations, and changing the licensee’s analysis and, based on this review, it appears that the three a significant increase in the probability or allowable keff limit are all impacts to the consequences of an accident previously nuclear criticality analysis for the SFP. The standards of 10 CFR 50.92(c) are evaluated. SFP criticality analysis is part of the basic satisfied. Therefore, the NRC staff Accidents previously evaluated are the fuel design of the system and is not an accident. proposes to determine that the handling accidents[, as] described in the The ability to maintain the SFP keff less than amendment request involves no Decommissioned Safety Analysis Report or equal to 0.95, as well as within the 10 CFR significant hazards consideration. (DSAR), and a seismic event, which is Part 50 Appendix A, ‘‘General Design Criteria Attorney for licensee: Lilliam M. considered as part of the spent fuel rack for Nuclear Power Plants,’’ Criterion 62 Cuoco, Esq., Senior Nuclear Counsel, design. ‘‘Prevention of Criticality in Fuel Storage and Dominion Nuclear Connecticut, Inc., Since there are no changes to plant Handling’’ (Reference 6) criteria of sub- hardware, nor any changes in how fuel is critical, have been evaluated. Criticality Rope Ferry Road, Waterford, moved, there are no changes to the impacts are more appropriately discussed Connecticut 06385. probability of a fuel handling accident. The under the margin of safety criterion. NRC Section Chief: Stephen Dembek. consequences of a fuel handling accident are The change to the new fuel storage racks Duke Energy Corporation, Docket Nos. not affected, since none of the inputs to the is to delete the Technical Specification 50–269, 50–270, and 50–287, Oconee fuel handling accident is affected. requirements for the new fuel storage keff The proposed changes affect the criticality limits. Since MP1 is a plant that has ceased Nuclear Station, Units 1, 2, and 3, analysis of the spent fuel storage racks. The power operation and will no longer receive Oconee County, South Carolina. spent fuel racks will continue to be able to new fuel, there is no need for these Technical Date of amendment request: October perform their design function, which is to Specification requirements. Since Millstone 1 16, 2001; as supplemented by letters maintain the stored fuel in a sub-critical and currently has no new fuel and new fuel dated May 20, September 12, and cooled condition under all normal and cannot be received, this change does not November 21, 2002; and January 27, postulated accident conditions. There are no create the possibility of a new or different physical hardware changes to the plant from kind of accident from any accident September 22, and November 20, 2003. these proposed changes. The revised previously evaluated. Description of amendment request: criticality analysis submitted with these In summary, the proposed changes do not The proposed amendments would proposed changes demonstrates that fuel will create the possibility of a new or different revise the Technical Specifications to be maintained in a sub-critical condition kind of accident from any accident incorporate changes resulting from the during all normal and postulated accident previously evaluated. use of an alternate source term and the conditions, including the seismic event. 3. The proposed change does not involve implementation of several plant Since there is no change in the ability of the a significant reduction in a margin of safety. modifications. Publications of the fuel storage racks to maintain a sub-critical The margin of safety relevant to the SFP is Proposed No Significant Hazards condition due to a seismic event, there is no defined as (1) SFP keff remains sub-critical by change in the probability or consequences of an acceptable margin, and (2) the spent fuel Consideration Determination and this accident. in the SFP remains adequately cooled so that Opportunity for Hearing have already Reducing the amount of fuel storage is a the fission product barriers remain intact. appeared in the Federal Register on conservative action, and the spent fuel racks The industry and regulatory accepted value January 22, 2002 (67FR2922) and were designed and licensed to allow empty, for [the] required sub-criticality margin[s] in October 14, 2003 (68FR59215). The partially filled, or completely full storage the SFP is to ensure that the keff of the SFP November 20, 2003, submittal contained racks. Thus the fuel racks will continue to be remains ≤0.95 under all normal and a revised No Significant Hazards able to perform their design function to postulated accident conditions. This is Consideration Determination. maintain the fuel in a coolable condition. documented in the Standard Review Plan, Basis for proposed no significant The change to the new fuel storage racks Regulatory Guide 1.13, and ANSI/ANS–57.2, hazards consideration determination: is to delete the Technical Specification ‘‘American National Standard Design As required by 10 CFR 50.91(a), the requirements for the new fuel storage keff Requirements for LWR Spent Fuel Storage limits. Since MP1 is a plant that has ceased Facilities at Nuclear Power Plants.’’ The licensee has provided its analysis of the power operation and will no longer receive current MP1 Technical Specifications require issue of no significant hazards new fuel, there is no need for these Technical a more conservative value of 0.90 for SFP keff. consideration, which is presented Specification requirements. There are no new The proposed Design Features Technical below:

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Standards for determining whether a accidents. The systems affected by the consideration, which is presented license amendment involves no significant changes are used to mitigate the below: hazards considerations are contained in consequences of an accident that has already 10CFR50.92(c). The TS [Technical occurred. The proposed TS changes and Pursuant to 10 CFR 50.91, Duke Power Specification] changes and modifications as modifications do not significantly affect the Company (Duke) has made the determination proposed in this LAR [license amendment mitigative function of these systems. that this amendment request involves a No request] have been evaluated in accordance Consequently, these systems do not alter the Significant Hazards Consideration by with 10 CFR 50.92 and determined not to nature of events postulated in the Safety applying the standards established by the NRC regulations in 10 CFR 50.92. This involve any significant hazards Analysis Report nor do they introduce any ensures that operation of the facility in considerations. unique precursor mechanisms. Therefore, the accordance with the proposed amendment The proposed LAR includes (1) proposed amendment will not create the would not: implementing the AST [alternate source possibility of a new or different kind of (1) Involve a significant increase in the term] for accident analysis as described in accident from any accident previously probability or consequences of an accident Regulatory Guide 1.183; (2) removing the evaluated. previously evaluated: PRVS [penetration room ventilation system] 3. The proposed amendment will not The proposed LAR [license amendment and relaxing the SFPVS [spent fuel pool involve a significant reduction in the margin ventilation system] TS because they are no request] modifies the Unit 2 licensing basis of safety. to allow the dynamic effects associated with longer credited for Control Room and off-site The implementation of the AST, proposed doses; (3) revising the CRVS [control room postulated pipe rupture of selected portions changes to the TS and the implementation of of the Unit 2 LPI [low-pressure injection]/ ventilation system] to allow for a one time the proposed modifications have been completion time extension on Conditions B Core Flood (CF) piping to be excluded from evaluated in the revisions to the analysis of the design basis. The proposed design and C when entering the conditions to the consequences of the design basis support implementation of the Control Room allowances for these selected portions of accidents for the ONS. Based on the results piping continue to allow the LPI system intake/booster fan modification; (4) lowering of these analyses, it has been demonstrated the Reactor Building leakage rate from 0.25 design to meet GDC [General Design that with the requested changes the dose Criterion] 4 requirements related to w%/day to 0.20 w%/day; (5) revising the consequences of these events meet the VFTP [ventilation filter testing program] environmental and dynamic effects. The acceptance criteria of 10 CFR 50.67 following proposed LAR will continue to ensure that radioactive methyl iodide removal the provisions of Regulatory Guide 1.183. acceptance criterion for SFPVS and CRVS ONS [Oconee Nuclear Station] can meet Thus, the proposed amendment will not design basis requirements associated with the Booster Fan trains; and (6) adoption of TSTF involve a significant reduction in the margin LPI safety function. The addition of the [Technical Specification Task Force]–51. of safety. crossover line will enhance the ability of the Plant modifications are also being control room operator to mitigate the proposed in concert with the proposed TS The NRC staff has reviewed the consequences of specific events for which changes. They include relocating the existing licensee’s analysis and, based on this LPI is credited. Therefore, the proposed LAR Control Room outside air intake from the roof review, it appears that the three does not involve a significant increase in the of the Auxiliary Building to the roof of the standards of 10 CFR 50.92(c) are probability or consequences of an accident Turbine Building and installing dual intakes satisfied. Therefore, the NRC staff previously evaluated. for each Control Room; re-routing HPI [high- proposes to determine that the (2) Create the possibility of a new or pressure injection]/LPI [low-pressure amendment request involves no different kind of accident from any kind of injection] relief valve discharge back into the accident previously evaluated: Reactor Building and replacing the existing significant hazards consideration. Attorney for licensee: Anne W. The proposed LAR modifies the Unit 2 Caustic Addition system with a passive licensing basis to allow the dynamic effects system. Cottington, Winston and Strawn, 1200 17th Street, NW., Washington, DC associated with postulated pipe rupture of As a result of this evaluation, Duke selected portions of the Unit 2 LPI/Core 20005, has concluded: Flood (CF) piping to be excluded from the NRC Section Chief: John A. Nakoski. design basis. The proposed design 1. The proposed amendment will not Duke Energy Corporation, Docket No. allowances for these selected portions of involve a significant increase in the piping continue to allow the LPI system probability of consequences of an accident 50–270, Oconee Nuclear Station, Unit 2, design to meet GDC 4 requirements related to previously evaluated. Oconee County, South Carolina environmental and dynamic effects. The The AST and those plant systems affected systems affected by the changes are used to by implementing the proposed changes to the Date of amendment request: October 28, 2003. mitigate the consequences of an accident that TS are not assumed to initiate design basis has already occurred. The proposed licensing accidents. The AST does not affect the design Description of amendment request: basis change does not affect the mitigating or operations of the facility. Rather, the AST The proposed amendment would revise function of these systems. Consequently, is used to evaluate the consequences of a the licensing basis in the Updated Final these changes do not alter the nature of postulated accident. The implementation of Safety Analysis Report to support events postulated in the Safety Analysis the AST has been evaluated in the revisions installation of a passive low-pressure Report nor do they introduce any unique to the analysis of the design basis accidents injection (LPI) cross connect inside precursor mechanisms. Therefore, the for ONS [Oconee Nuclear Station]. Based on containment. The proposed changes proposed amendment will not create the the results of these analyses, it has been possibility of a new or different kind of demonstrated that, with the requested would revise the licensing basis for selected portions of the core flood and accident from any accident previously changes, the dose consequences of these evaluated. events meet the acceptance criteria of 10 CFR LPI piping to allow exclusion of the (3) Involve a significant reduction in the 50.67 and Regulatory Guide 1.183. Therefore, dynamic effects associated with margin of safety: the proposed amendment will not involve a postulated pipe rupture of that piping The proposed licensing basis change does significant increase in the probability or by application of leak-before-break not unfavorably affect any plant safety limits, consequences of an accident previously methodology. A similar amendment was set points, or design parameters. The change evaluated. approved for Unit 1 by NRC letter dated also do [SIC] not unfavorably affect the fuel, 2. The proposed amendment will not September 29, 2003. fuel cladding, RCS [reactor coolant system], create the possibility of a new or different Basis for proposed no significant or containment integrity. Therefore, the kind of accident from any accident proposed licensing basis change, which adds previously evaluated. hazards consideration determination: new design allowances associated with the The AST and those plant systems affected As required by 10 CFR 50.91(a), the passive LPI cross connect modification, do by implementing the proposed changes to the licensee has provided its analysis of the [SIC] not involve a significant reduction in TS are not assumed to initiate design basis issue of no significant hazards the margin of safety.

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The NRC staff has reviewed the applicability of a TS, while in a TS condition The NRC staff proposes to determine licensee’s analysis and, based on this statement and the associated required actions that the amendment request involves no review, it appears that the three of the TS. Being in a TS condition and the significant hazards consideration. associated required actions is not an initiator standards of 10 CFR 50.92(c) are of any accident previously evaluated. Attorney for licensee: Thomas C. satisfied. Therefore, the NRC staff Therefore, the probability of an accident Poindexter, Esq., Winston & Strawn, proposes to determine that the previously evaluated is not significantly 1400 L Street, NW., Washington, DC amendment request involves no increased. The consequences of an accident 20005–3502. significant hazards consideration. while relying on required actions as allowed NRC Section Chief: Stephen Dembek. Attorney for licensee: Anne W. by proposed LCO 3.0.4, are no different than Cottington, Winston and Strawn, 1200 the consequences of an accident while Entergy Gulf States, Inc., and Entergy 17th Street, NW., Washington, DC entering and relying on the required actions Operations, Inc., Docket No. 50–458, 20005. while starting in a condition of applicability River Bend Station, Unit 1, West of the TS. Therefore, the consequences of an Feliciana Parish, Louisiana NRC Section Chief: John A. Nakoski. accident previously evaluated are not Energy Northwest, Docket No. 50–397, significantly affected by this change. The Date of amendment request: October Columbia Generating Station, Benton addition of a requirement to assess and 21, 2003. manage the risk introduced by this change Description of amendment request: County, Washington will further minimize possible concerns. The proposed change would remove Date of amendment request: Therefore, this change does not involve a November 4, 2003. significant increase in the probability or MODE restrictions that currently Description of amendment request: consequences of an accident previously prevent performance of Surveillance The proposed change allows entry into evaluated. Requirements (SRs) 3.8.4.7 and 3.8.4.8 a mode or other specified condition in Criterion 2—The Proposed Change Does for the Division III DC electrical power Not Create the Possibility of a New or subsystem while in MODE 1, 2, or 3. the applicability of a technical Different Kind of Accident from any specification (TS), while in a condition These surveillances verify that the Previously Evaluated. battery capacity is adequate to perform statement and the associated required The proposed change does not involve a actions of the TS, provided the licensee physical alteration of the plant (no new or its required functions. The changes performs a risk assessment and manages different type of equipment will be installed). would allow the performance of SR risk consistent with the program in Entering into a mode or other specified 3.8.4.7 and SR 3.8.4.8 during normal place for complying with the condition in the applicability of a TS, while plant operations rather than only during in a TS condition statement and the requirements of Title 10 of the Code of refueling outages. associated required actions of the TS, will Basis for proposed no significant Federal Regulations (10 CFR), part 50, not introduce new failure modes or effects Section 50.65(a)(4). Limiting Condition and will not, in the absence of other hazards consideration determination: for Operation (LCO) 3.0.4 exceptions in unrelated failures, lead to an accident whose As required by 10 CFR 50.91(a), the individual TSs would be eliminated, consequences exceed the consequences of licensee has provided its analysis of the and Surveillance Requirement (SR) 3.0.4 accidents previously evaluated. The addition issue of no significant hazards revised to reflect the LCO 3.0.4 of a requirement to assess and manage the consideration, which is presented allowance. risk introduced by this change will further below: This change was proposed by the minimize possible concerns. Thus, this change does not create the possibility of a 1. Does the proposed change involve a industry’s Technical Specification Task new or different kind of accident from an significant increase in the probability or Force (TSTF) and is designated TSTF– accident previously evaluated. consequences of an accident previously 359. The NRC staff issued a notice of Criterion 3—The Proposed Change Does evaluated? opportunity for comment in the Federal Not Involve a Significant Reduction in a Response: No. Register on August 2, 2002 (67 FR Margin of Safety. The power supplied by the battery is used as a source of control and motive power for 50475), on possible amendments The proposed change allows entry into a mode or other specified condition in the the HPCS [High Pressure Core Spray] system concerning TSTF–359, including a logic, HPCS diesel-generator set control and model safety evaluation and model no applicability of a TS, while in a TS condition statement and the associated required actions protection, and other Division III related significant hazards consideration of the TS. The TS allow operation of the controls. The loads supplied by this system (NSHC) determination, using the plant without the full complement of are loads associated with Division III of the consolidated line item improvement equipment through the conditions for not Emergency Core Cooling System (ECCS). process. The NRC staff subsequently meeting the TS LCO. The risk associated with The battery testing period is within the issued a notice of availability of the this allowance is managed by the imposition period of time that the system will already models for referencing in license of required actions that must be performed be out of service for other planned within the prescribed completion times. The maintenance. The battery test does not amendment applications in the Federal increase unavailability of the supported Register on April 4, 2003 (68 FR 16579). net effect of being in a TS condition on the margin of safety is not considered significant. system or represent any change in risk above The licensee affirmed the applicability The proposed change does not alter the the current practice of planned system of the following NSHC determination in required actions or completion times of the maintenance outages as currently allowed by its application dated November 4, 2003. TS. The proposed change allows TS the TS [Technical Specification]. Any risk Basis for proposed no significant conditions to be entered, and the associated associated with the testing of the Division III hazards consideration determination: required actions and completion times to be batteries will be enveloped by the risk As required by 10 CFR 50.91(a), an used in new circumstances. This use is management of the system outage. analysis of the issue of no significant predicated upon the licensee’s performance The out of service condition is controlled hazards consideration is presented of a risk assessment and the management of and evaluated for safety implications in accordance with 10 CFR 50.65 below: plant risk. The change also eliminates current allowances for utilizing required actions and [‘‘Requirements for monitoring the Criterion 1—The Proposed Change Does completion times in similar circumstances, effectiveness of maintenance at nuclear Not Involve a Significant Increase in the without assessing and managing risk. The net power plants’’]. The HPCS system reliability Probability or Consequences of an Accident change to the margin of safety is and availability are monitored and evaluated Previously Evaluated. insignificant. Therefore, this change does not in relationship to Maintenance Rule goals to The proposed change allows entry into a involve a significant reduction in a margin of ensure that total outage times do not degrade mode or other specified condition in the safety. operational safety over time.

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Therefore, the proposed change will have Technical Specification Section 5.5.7, kind of accident from any previously no effect on the probability or consequences ‘‘Steam Generator (SG) Tube evaluated. of any previously evaluated accident. Surveillance Program,’’ to allow a one- 3. Does the proposed change involve a 2. Does the proposed change create the time extension of the frequency for significant reduction in a margin of safety? possibility of a new or different kind of examination of the SG tubes. Response: No. accident from any accident previously SG tube integrity is a function of design, evaluated? Specifically, the amendment would environmental, and current physical Response: No. extend the examination, currently due condition. Extending the SG tube inservice The request involves the testing of the no later than November 17, 2004, to inspection frequency by one operating cycle HPCS battery on-line while the system is June 17, 2006. will not alter the function or design of the already out of service. The testing will not Basis for proposed no significant SGs. Inspections conducted prior to placing add additional out of service time. Testing hazards consideration determination: the SGs into service (pre-service inspection) during this period has no influence on, nor As required by 10 CFR 50.91(a), the and inspection during the first refueling does it contribute in any way to, the licensee has provided its analysis of the outage following SG replacement, possibility of a new or different kind of issue of no significant hazards demonstrate that the SGs do not have accident or malfunction from those fabrication damage or an active damage previously analyzed. The method of consideration, which is presented mechanism. The scope of those inspections performing this test is not changed. No new below: significantly exceeds those required by the accident modes are created by testing during 1. Does the proposed change involve a technical specifications. These inspection the period when the system is already significant increase in the probability or results were comparable to similar inspection unavailable. Because the system is already consequences of an accident previously results for the same model SG installed at out of service, no safety-related equipment or evaluated? other plants, and subsequent inspections at safety functions are altered as a result of this Response: No. those plants provided results that support the change. There is no direct increase in SG leakage extension request. The improved design of Therefore, the proposed change does not because the proposed change does not alter the replacement SGs also provides assurance create the possibility of a new or different the plant design. The scope of the inspection that significant tube degradation is not likely kind of accident from any accident performed during the first refueling outage to occur over the proposed operating period. previously evaluated. subsequent to SG replacement (last outage), Therefore, the proposed change does not 3. Does the proposed change involve a exceeded the technical specification involve a significant reduction in a margin of significant reduction in a margin of safety? requirements for the first two refueling safety. Response: No. outages combined, after replacement. More The battery testing will be performed when tubes were inspected than were required by The NRC staff has reviewed the the HPCS system is already out of service for the technical specifications. Indian Point 2 licensee’s analysis and, based on this maintenance. The out of service condition is does not have an active SG damage review, it appears that the three controlled and evaluated for safety mechanism and will meet the current standards of 10 CFR 50.92(c) are implications in accordance with 10 CFR industry examination guidelines without satisfied. Therefore, the NRC staff 50.65. The batteries are not expected to be performing inspections during the next proposes to determine that the refueling outage. The results of the Condition unavailable for more than 36 hours. This amendment request involves no testing period is within the period of time Monitoring Assessment subsequent to the last outage, demonstrated that all significant hazards consideration. that the system will already be out of service Attorney for licensee: Mr. John Fulton, for other planned maintenance. Therefore, performance criteria were met during the last operating period. The results of the Assistant General Counsel, Entergy the battery test does not increase aforementioned Operational Assessment unavailability of the supported system or Nuclear Operations, Inc., 440 Hamilton show that all performance criteria will be met represent any change in risk above the Avenue, White Plains, NY 10601. over the proposed operating period. current practice of planned system NRC Section Chief: Richard J. Laufer. Therefore, the proposed change does not maintenance outages as currently allowed by involve a significant increase in the Entergy Operations, Inc., Docket No. 50– the TS. Timing of this test has no effect on probability or consequences of an accident any fission product barrier. 368, Arkansas Nuclear One, Unit No. 2, previously evaluated. Pope County, Arkansas Therefore, the propose change does not 2. Does the proposed change create the involve a significant reduction in a margin of possibility of a new or different kind of Date of amendment request: June 30, safety. accident from any accident previously 2003, as supplemented by letter dated The NRC staff has reviewed the evaluated? November 20, 2003. licensee’s analysis and, based on this Response: No. Description of amendment request: The proposed change will not alter any The proposed amendment would (1) review, it appears that the three plant design basis or postulated accident standards of 10 CFR 50.92(c) are resulting from potential SG tube degradation. reorganize the Arkansas Nuclear One, satisfied. Therefore, the NRC staff The scope of the inspections performed Unit No. 2 (ANO–2) Technical proposes to determine that the during the last (first after SG replacement) Specifications (TSs) Section 6.0, amendment request involves no refueling outage significantly exceeds the Administrative Controls, (2) modify the significant hazards consideration. Technical Specification requirements for the ANO–2 Facility Operating License, and Attorney for licensee: Mark scope of the first two refueling outages actions and surveillance requirements Wetterhahn, Esq., Winston & Strawn, combined subsequent to SG replacement. (SRs) of various other TSs, to support The proposed change does not affect the the reorganization of Section 6.0, and (3) 1400 L Street, NW., Washington, DC SG design, the method of operation, or 20005. reactor coolant chemistry controls. No new modify several actions and SRs that are NRC Section Chief: Robert A. Gramm. equipment is being introduced, and installed related to systems that are shared by equipment is not being operated in a new or ANO–2 and Arkansas Nuclear One, Unit Entergy Nuclear Operations, Docket No. different manner. The proposed change No. 1 (ANO–1). These changes are being 50–247, Indian Point Nuclear involves a one-time extension of the SG tube proposed so that the philosophy and Generating Unit No. 2, Westchester inservice inspection frequency, and therefore location of the TSs in Section 6.0 reflect County, New York will not give rise to new failure modes. In the recently approved conversion of the addition, the proposed change does not Date of amendment request: October impact any other plant system or ANO–1 TSs to the Improved Technical 21, 2003. components. Specifications (ITS) and the subsequent Description of amendment request: Therefore, the proposed change does not amendments to the ANO–1 ITS. This The proposed amendment would revise create the possibility of a new or different amendment request supersedes the

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previous application related to the allowance for testing does not significantly utilized in evaluating the acceptance criteria revision of TS Section 6.0 dated January increase the probability of any accident for the system functional test requirements. 31, 2002, as supplemented on June 26 previously evaluated. This change does not Therefore, the change does not involve a and July 18, 2002. The January 31, 2002, result in any hardware changes, but does significant increase in the probability of an allow operation for a limited time with an accident previously evaluated. Since the application was previously noticed in inoperable monitor for the purposes of function of the system functional test the Federal Register on March 19, 2002 testing. Since the capability of the control remains unaffected the change does not (67 FR 12602), and the June 30, 2003, room area radiation monitor to provide the involve a significant increase in the application was previously noticed in required information continues to be verified, consequences of an accident previously the Federal Register on July 22, 2003 and the time allowed for inoperability for evaluated. (68 FR 43385). testing is short, the change will not reduce (4) An allowance for the diesel fuel storage Basis for proposed no significant the capability of required equipment to tanks to contain less than 22,500 gallons of mitigate the event. Also, the consequences of fuel for up to 48 hours as long as the hazards consideration determination: individual volume is greater than 17,446 As required by 10 CFR 50.91(a), the an event occurring during the proposed operation of the unit during the allowed gallons will be added. The lower value when licensee has provided its analysis of the inoperability for testing are the same as the summed with the contents of the other tank issue of no significant hazards consequences of an event occurring while ensures six days of fuel oil is available. consideration, which is presented operating under the current TS Actions. During the 48 hours, the diesel generator is below: Therefore, this change does not involve a capable of performing its intended function. significant increase in the consequences of There is a low probability that an event 1. Do the proposed changes involve a any accident previously evaluated. would occur for which the diesel generator significant increase in the probability or would be required during this short period of consequences of an accident previously (2) This change will allow the control room boundary to be opened intermittently under time when the lower fuel oil volume is evaluated? allowed. Response: No. administrative controls, and will allow both trains of the CREVS [control room emergency The AC Sources are used to support Administrative Changes ventilation system] to be inoperable due to mitigation of the consequences of an accident The proposed changes involve reformatting control room boundary inoperability for a and can be involved in the initiation of the and rewording of the existing TSs. The period of 24 hours. accident analyzed in SAR. Equipment reformatting and rewording process involves Neither CREVS nor the control room powered by the AC Sources, which may be considered as an initiator, continues to be no technical changes to existing boundary is the initiator of any accident assured of electrical power. The proposed requirements. As such, the proposed changes analyzed in the SAR [Safety Analysis increased restoration time involves are administrative in nature and do not Report]. Therefore, this change does not parameters unrelated to initiating the failure impact initiators of analyzed events or result in a significant increase in the of the AC Sources. As such the proposed assumed mitigation of accident or transient probability of an accident previously time allowance for restoration of limited events. evaluated. levels of readiness parameter degradation The CREVS and the control room boundary Less Restrictive—Administrative Deletion of will not increase the probability of any Requirements are intended to provide a habitable accident previously evaluated. The proposed environment for the control room operators The proposed changes relocate changes allow additional time for restoration in the event of an accident that results in the of parameters that have been identified as not requirements from the TSs to other license release of radioactivity to the environment. basis documents which are under licensee immediately affecting the capability of the The allowance to open the control room power source to provide its required safety control. The documents containing the boundary intermittently is acceptable, relocated requirements will be maintained function. The identified parameters are because of the administrative controls that capable of being replenished during using the provisions of applicable regulatory will be implemented to ensure that the requirements. operation of the diesel generators, and the opening can be rapidly closed when the need short additional allowable action time More Restrictive Changes for control room isolation is indicated, continues to provide adequate assurance of The proposed changes provide more restoring the control room habitability operable required equipment. Therefore, this stringent requirements for the ANO–2 TSs. envelope. Allowing both CREVS trains to be change does not involve a significant These more stringent requirements are not inoperable for 24 hours due to an inoperable increase in the probability of or the assumed to be initiators of analyzed events control room boundary is acceptable because consequences of any accident previously and will not alter assumptions relative to of the low probability of an accident evaluated. mitigation of accident or transient events. requiring control room isolation during any (5) Seven days will be allowed to restore The more stringent requirements are imposed given 24 hour period, because entry into this the stored diesel fuel oil total particulates to to ensure process variables, structures, condition is expected to be an infrequent within the required limits prior to declaring systems, and components are maintained occurrence, and because preplanned the associated diesel inoperable. consistent with the safety analyses and compensatory measures to protect the control The testing of diesel generator fuel oil is licensing basis and to provide greater room operators from potential hazards are not considered an initiator, or a mitigating consistency with the ANO–1 TS and NUREG implemented. Therefore, this change will not factor, in any previously evaluated accident. 1432. result in a significant increase in the The presence of particulates does not mean probability [consequences] of an accident failure of the fuel oil to burn properly in the Less Restrictive Changes previously evaluated. diesel engine. In addition, particulate (1) A note will be added that allows three (3) An allowance will be added to allow concentration is unlikely to change (3) hours to perform the channel functional use of a ‘‘simulated’’ or ‘‘actual’’ signal when significantly between surveillance intervals test on the control room radiation monitors testing the automatic isolation feature of the (31 days). Therefore, the change does not without entering the associated Actions. control room air filtration system. involve a significant increase in the The control room area radiation monitor is The phrase ‘‘actual or simulated’’ in probability or consequences of an accident used to support mitigation of the reference to the automatic initiation signal, previously evaluated. consequences of an accident; however, it is has been added to the system functional test (6) An allowance for the person who is not considered the initiator of any previously surveillance test description. This does not satisfying the requirement of the radiation analyzed accident. Also, the addition of the impose a requirement to create an ‘‘actual’’ protection staff position and for the person Note to allow time for testing reduces the signal, nor does it eliminate any restriction filling the Shift Technical Advisor (STA) potential for initiation of a previously on producing an ‘‘actual’’ signal. The position to be vacant for not more than two analyzed accident due to reduced potential proposed change does not affect the hours in order to provide for unexpected for shutdowns and startups due to procedures governing plant operations and absences is being added. This is consistent incomplete or missed surveillances. As such, the acceptability of creating these signals; it with the allowance permitted for the control the proposed revision to include an simply would allow such a signal to be room operator as reflected in existing TSs.

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This change does not result in any changes This change does not result in any changes The proposed change does not necessitate in hardware or methods of operation. The in hardware or methods of operation. The a physical alteration of the plant (no new or change allowing the absence of the STA or change in date for submittal of ‘‘after the different type of equipment will be installed) the radiation protection technician is not fact’’ information is not considered in the or changes in parameters governing normal considered in the safety analysis, and cannot safety analysis, and cannot initiate or affect plant operation. The proposed change will initiate or affect the mitigation of an accident the mitigation of an accident in any way. still ensure proper surveillances are required in any way. Therefore, this change does not Therefore, this change does not involve a for the equipment considered in the safety involve a significant increase in the significant increase in the probability or analysis. Thus, this change does not create probability or consequences of an accident consequences of an accident previously the possibility of a new or different kind of previously evaluated. evaluated. accident from any accident previously (7) The STA will be allowed to support the (13) A change that allows a 25% extension evaluated. shift crew rather than only the shift of the frequency in accordance with SR 4.0.2 (2) This change will allow the control room supervisor. This provides more flexibility for the integrated leak tests of each system boundary to be opened intermittently under and does not dilute the function of the STA. outside containment that could contain administrative controls, and will allow both This change does not result in any changes highly radioactive fluids. trains of the control room ventilation system in hardware or methods of operation. The The extension of the testing frequency, up (CREVS) to be inoperable due to a control change in the support relationship between to 25% of the test interval, is not considered room boundary inoperability for a period of the STA and the control room staff is not an initiator or a mitigating factor in any 24’hours. considered in the safety analysis, and cannot previously evaluated accident. Therefore, the The proposed change does not necessitate initiate or affect the mitigation of an accident change does not involve a significant a physical alteration of the unit (no new or in any way. Therefore, this change does not different type of equipment will be installed) involve a significant increase in the increase in the probability or consequences of an accident previously evaluated. or changes in parameters governing normal probability or consequences of an accident unit operation. Prompt and appropriate previously evaluated. (14) A change that allows the OSRC [Onsite Safety Review Committee] review of the compensatory actions will still be taken in (8) The Occupational Radiation Exposure the event of an accident. Thus, this change Report will be submitted by April 30 of each desirability of maintaining a channel in the bypassed condition to be at or before the next does not create the possibility of a new or calendar year instead of prior to March 1. different kind of accident from any This change does not result in any changes regularly scheduled meeting. The proposed change is not considered an previously evaluated. in hardware or methods of operation. The (3) An allowance will be added to allow change in date for submittal of ‘‘after the initiator or a mitigating factor in any previously evaluated accident. Therefore, the use of a ‘‘simulated’’ or ‘‘actual’’ signal when fact’’ information is not considered in the testing the automatic isolation feature of the safety analysis, and cannot initiate or affect change does not involve a significant control room air filtration system. the mitigation of an accident in any way. increase in the probability or consequences The possibility of a new or different kind Therefore, this change does not involve a of any accident previously evaluated. of accident from any accident previously significant increase in the probability or Therefore, the proposed changes do not evaluated is not created because the consequences of an accident previously involve a significant increase in the proposed change introduces no new mode of evaluated. probability or consequences of an accident (9) An allowance is proposed that will previously evaluated. plant operation and it does not involve revise the high radiation areas to include 2. Do the proposed changes create the physical modification to the plant. additional previously approved methods for possibility of a new or different kind of (4) An allowance for the diesel fuel storage implementation of alternatives to the accident from any accident previously tanks to contain less than 22,500 gallons of ‘‘control device’’ or ‘‘alarm signal’’ evaluated? fuel for up to 48 hours as long as the requirements of 10 CFR [Part] 20. These Response: No. individual volume is greater than 17,446 gallons will be added. The lower value when alternatives provide adequate control of Administrative Changes personnel in high radiation areas as summed with the contents of the other tank evidenced by NRC issuance of NUREG–1432. The proposed changes do not necessitate a ensures six days of fuel oil is available. The controls for access to a high radiation physical alteration of the plant (no new or During the 48 hours, the diesel generator is area are not considered as initiators, or as a different type of equipment will be installed) capable of performing its intended function. mitigation factor, in any previously evaluated or changes in parameters governing normal There is a low probability that an event accident. Therefore, the change does not plant operations. The proposed changes will would occur for which the diesel generator involve a significant increase in the not impose any different requirements. would be required during this short period of probability or consequences of an accident Less Restrictive—Administrative Deletion of time when the lower fuel oil volume is previously evaluated. Requirements allowed. (10) An allowance to require periodic The proposed change does not necessitate The proposed change does not necessitate a physical alteration of the plant (no new or testing of stored fuel for the particulates only a physical alteration of the plant (no new or is proposed. different type of equipment will be installed) different type of equipment will be installed) or changes in parameters governing normal The testing of diesel generator fuel oil is or changes in parameters governing normal not considered an initiator or a mitigating plant operation. The proposed change will plant operations. The proposed changes will factor in any previously evaluated accident. continue to ensure operable safety equipment not impose any different requirements and Therefore, the change does not involve a is available. Thus, this change does not create adequate control of the information will be significant increase in the probability or the possibility of a new or different kind of maintained. consequences of an accident previously accident from any accident previously evaluated. More Restrictive Changes evaluated. (11) The removal of the requirement to The proposed change does not necessitate (5) Seven days will be allowed to restore notify the Vice President, Operations ANO a physical alteration of the plant (no new or the stored diesel fuel oil total particulates to within 24 hours of violating a safety limit. different type of equipment will be installed) within the required limits prior to declaring Notification of the Vice President, or changes in parameters governing normal the associated diesel inoperable. Operations ANO when a safety limit is plant operation. The proposed changes do No changes are proposed in the violated is not considered an initiator or a impose different requirements. However, manipulation of the plant structures, mitigating factor in any previously evaluated these changes do not impact the safety systems, or components, or in the design of accident. Therefore, the change does not analysis and licensing basis. the plant structures, systems, or components. involve a significant increase in the The presence of particulates does not mean probability or consequences of an accident Less Restrictive Changes failure of the fuel oil to burn properly in the previously evaluated. (1) A note will be added that allows three diesel engine. In addition, particulate (12) The Radioactive Effluent Release (3) hours to perform the channel functional concentration is unlikely to change Report will be submitted by May 1 of each test on the control room radiation monitors significantly between surveillance intervals calendar year instead of prior to March 1. without entering the associated Actions. (31 days). Therefore, the change does not

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create the possibility of a new or different systems, or components, or in the design of documents containing the relocated kind of accident from any accident the plant structures, systems, or components. requirements will be maintained using the previously evaluated. Therefore, the change does not create the provisions of applicable regulatory (6) An allowance for the person who is possibility of a new or different kind of requirements. satisfying the requirement of the radiation accident from any accident previously More Restrictive Changes protection staff position and for the person evaluated. filling the Shift Technical Advisor (STA) (11) The removal of the requirement to The imposition of more stringent position to be vacant for not more than two notify the Vice President, Operations ANO requirements prevents a reduction in the hours in order to provide for unexpected within 24 hours of violating a safety limit. margin of plant safety by: absences is proposed. This is consistent with No changes are proposed that result in the (a) increasing the scope of the specification the allowance permitted for the control room manipulation or the design of plant to include additional plant equipment, operator as reflected in existing TSs. structures, systems, or components. (b) providing additional actions, The proposed change does not necessitate Therefore, the change does not create the (c) decreasing restoration times, or a physical alteration of the plant (no new or possibility of a new or different kind of (d) imposing new surveillances. different type of equipment will be installed) accident from any accident previously The changes are consistent with the safety or changes in parameters governing normal evaluated. analysis and licensing basis. plant operation. The proposed change will (12) The Radioactive Effluent Release Less Restrictive Changes impact only the STA and radiation protection Report will be submitted by May 1 of each (1) A note will be added that allows three staffing positions and does not directly calendar year instead of prior to March 1. (3) hours to perform the channel functional impact the operation of the plant. Thus, this The proposed change does not necessitate test on the control room radiation monitors change does not create the possibility of a a physical alteration of the plant (no new or without entering the associated Actions. new or different kind of accident from any different type of equipment will be installed) The margin of safety for the control room accident previously evaluated. or changes in parameters governing normal area radiation monitor is based on (7) The STA will be allowed to support the plant operation. The proposed change will availability and capability of the shift crew rather than only the shift impact only the administrative requirements instrumentation to provide the required supervisor. This provides more flexibility for submittal of information and does not information to the operator. The frequency is and does not dilute the function of the STA. directly impact the operation of the plant. based on unit operating experience that The proposed change does not necessitate Thus, this change does not create the demonstrates channel failure is rare, and on a physical alteration of the plant (no new or possibility of a new or different kind of the use of less formal but more frequent different type of equipment will be installed) accident from any accident previously checks of channels during normal or changes in parameters governing normal evaluated. operational use of the displays associated plant operation. The proposed change will (13) A change that allows a 25% extension with the required channels. Therefore, the impact only the support relationship the STA of the frequency in accordance with SR 4.0.2 availability and capability of the control provides the control room staff and does not for the integrated leak tests of each system room area radiation monitor continues to be directly impact the operation of the plant. outside containment that could contain assured by the proposed Surveillance Thus, this change does not create the highly radioactive fluids. Requirements and this change does not possibility of a new or different kind of No changes are proposed that result in the involve a significant reduction in a margin of accident from any accident previously manipulation or the design of plant safety. evaluated. structures, systems, or components. (2) This change will allow the control room (8) The Occupational Radiation Exposure Therefore, the change does not create the boundary to be opened intermittently under Report will be submitted by April 30 of each possibility of a new or different kind of administrative controls, and will allow both calendar year instead of prior to March 1. accident from any accident previously trains of the control room ventilation system The proposed change does not necessitate evaluated. (CREVS) to be inoperable due to control room a physical alteration of the plant (no new or (14) A change that allows the OSRC review boundary inoperability for a period of 24 different type of equipment will be installed) of the desirability of maintaining a channel hours. or changes in parameters governing normal in the bypassed condition to be at or before This change does not involve a significant plant operation. The proposed change will the next regularly scheduled meeting. reduction in a margin of safety since: (1) impact only the administrative requirements No changes are proposed that result in the Administrative controls will be in place to for submittal of information and does not manipulation or the design of plant ensure that an open control room boundary directly impact the operation of the plant. structures, systems, or components. can be rapidly closed when a need for control Thus, this change does not create the Therefore, the change does not create the room isolation is indicated; and (2) an possibility of a new or different kind of possibility of a new or different kind of inoperable control room boundary that accident from any accident previously accident from any accident previously renders both trains of CREVS inoperable is an evaluated. evaluated. infrequent occurrence, the probability of an (9) An allowance is proposed that will Therefore, the proposed changes do not accident requiring control room isolation revise the high radiation areas to include create the possibility of a new or different during any given 24 hour period is low, and additional previously approved methods for kind of accident from any previously preplanned compensatory measures to implementation of alternates to the ‘‘control evaluated. protect the control room operators from device’’ or ‘‘alarm signal’’ requirements of 10 3. Do the proposed changes involve a potential hazards are implemented. CFR [Part] 20. These alternatives provide significant reduction in a margin of safety? (3) An allowance will be added to use a adequate control of personnel in high Response: No. simulated or actual signal when testing the radiation areas as evidenced by NRC issuance Administrative Changes automatic isolation feature of the control of NUREG–1432. The proposed changes will not reduce the room air filtration system. No changes are proposed in the margin of safety because they have no impact Use of an actual signal instead of the manipulation of the plant structures, on any safety analysis assumptions. The existing requirement which limits use to a systems, or components, or in the design of changes are administrative in nature. simulated signal, will not affect the the plant structures, systems, or components. performance of the surveillance test. Therefore, the change does not create the Less Restrictive—Administrative Deletion of OPERABILITY is adequately demonstrated in possibility of a new or different kind of Requirements either case since the system itself can not accident from any accident previously The proposed changes will not reduce a discriminate between ‘‘actual’’ or evaluated. margin of safety because they have no impact ‘‘simulated’’ signals. Therefore, the change (10) An allowance to require periodic on any safety analysis assumptions. In does not involve a significant reduction in a testing of stored fuel for the particulates only addition, the requirements to be transposed margin of safety. is proposed. from the TSs to other license basis (4) An allowance for the diesel fuel storage No changes are proposed in the documents, which are under licensee control, tanks to contain less than 22,500 gallons of manipulation of the plant structures, are the same as the exiting TSs. The fuel for up to 48 hours as long as the

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individual volume is greater than 17,446 additional previously approved methods for the next regularly scheduled meeting. gallons. The lower value when summed with implementation of alternatives to the Therefore, the proposed change does not the contents of the other tank ensures six ‘‘control device’’ or ‘‘alarm signal’’ involve a significant reduction in a margin of days of fuel oil is available. During the 48 requirements of 10 CFR [Part] 20. These safety. hours, the diesel generator is capable of alternatives provide adequate control of Therefore, the proposed changes do not performing its intended function. There is a personnel in high radiation areas as involve a significant reduction in a margin of low probability that an event would occur for evidenced by NRC issuance of NUREG–1432. safety. which the diesel generator would be required The requirements for control of high during this short period of time when the radiation areas provide for the use of The NRC staff has reviewed the lower fuel oil volume is allowed. alternates to the ‘‘control device’’ or ‘‘alarm licensee’s analysis and, based on this The parameter limits provide substantial signal’’ requirements of 10 CFR 20.1601. This review, it appears that the three margin to the parameter values that would be change provides such alternative methods for standards of 10 CFR 50.92(c) are absolutely necessary for diesel generator controlling access. These methods and satisfied. Therefore, the NRC staff operability. When the parameters are less additional administrative requirements have proposes to determine that the than their limits this margin is reduced. been determined to provide adequate amendment request involves no However, the availability of AC Sources controls to prevent unauthorized and significant hazards consideration. continues to be assured since the allowed inadvertent access to such areas. Therefore, Attorney for licensee: Nicholas S. time for parameters to be less than their this change does not involve a significant limits is short and the allowed levels for the reduction in a margin of safety. Reynolds, Esquire, Winston and Strawn, parameters are adequate to provide the (10) An allowance to require periodic 1400 L Street, NW., Washington, DC immediately needed power availability. testing of stored fuel for the particulates only 20005–3502. Further, the parameters can be restored to is proposed. NRC Section Chief: Robert A. Gramm. within limits during the proposed time The testing of stored diesel generator fuel provided should they be required. Therefore, oil is revised to require the periodic testing Entergy Operations Inc., Docket No. 50– this change does not result in a significant of the stored fuel oil only for particulates 382, Waterford Steam Electric Station, reduction in [a] margin of safety. (replacing the periodic testing per ASTM– Unit 3, (Waterford 3) St. Charles Parish, (5) Seven days will be allowed to restore D975) once every 31 days. The change Louisiana the stored diesel fuel oil total particulates to reflects industry-standard acceptable DG fuel Date of amendment request: October within the required limits prior to declaring oil testing programs. Over the storage life of 22, 2003. the associated diesel inoperable. ANO–2 DG fuel oil, the properties tested by Description of amendment request: The proposed change allows the stored ASTM–D975 are not expected to change and diesel fuel oil total particulates to be outside performing these tests once on the new fuel The licensee proposes to change the the required limits for seven days before oil provides adequate assurance of the proper existing pressure/temperature limits (P/ declaring the associated diesel inoperable. initial quality of fuel oil. The periodic testing T) from 16 to 32 effective full power The presence of particulates does not mean for particulates monitors a parameter that years (EFPY). In addition, the maximum failure of the fuel oil to burn properly in the reflects degradation of fuel oil and can be heatup rate will be changed to 60 °F per diesel engine. In addition, particulate trended to provide increased confidence that hour and the maximum cooldown rate concentration is unlikely to change the stored DG fuel oil will support DG to 100 °F per hour for all reactor coolant significantly between surveillance intervals operability. Therefore, this change does not system temperatures. For inservice (31 days). The seven day allowance provides involve a significant reduction in a margin of hydrostatic pressure and leak testing, an appropriate backstop to ensure the safety. the maximum heatup and cooldown particulate level is restored to within limits (11) The removal of the requirement to ° in a reasonable time period. Since the diesel notify the Vice President, Operations ANO rates will be changed to 60 F and 100 is still capable of performing its function the within 24 hours of violating a safety limit. °F, respectively. margin of safety is not reduced. The margin of safety is not dependent Basis for proposed no significant (6) An allowance for the person who is upon notification of the Vice President, hazards consideration determination: satisfying the requirement of the radiation Operations ANO upon the violation of a TS As required by 10 CFR 50.91(a), the protection staff position and for the person safety limit. Therefore, the proposed change licensee has provided its analysis of the filling the Shift Technical Advisor (STA) does not involve a significant reduction in a issue of no significant hazards position to be vacant for not more than two margin of safety. consideration, which is presented hours in order to provide for unexpected (12) The Radioactive Effluent Release absences is proposed. This is consistent with Report will be submitted by May 1 of each below: the allowance permitted for the control room calendar year instead of prior to March 1. 1. Does the proposed change involve a operator as reflected in existing TSs. The margin of safety is not dependent on significant increase in the probability or The margin of safety is not dependent on the submittal of information. Therefore, this consequences of an accident previously the presence of the STA or the radiation change does not involve a significant analyzed? protection technician. Therefore, this change reduction in a margin of safety. Response: No. does not involve a significant reduction in a (13) A change that allows a 25% extension The probability of occurrence of an margin of safety. of the frequency in accordance with SR 4.0.2 accident previously evaluated for Waterford (7) The STA will be allowed to support the for the integrated leak tests of each system 3 is not altered by the proposed amendment shift crew rather than only the shift outside containment that could contain to the TSs [Technical Specifications]. The supervisor. This provides more flexibility highly radioactive fluids. accidents currently analyzed in the and does not dilute the function of the STA. The proposed allowance allows a possible Waterford 3 Final Safety Analysis Report The margin of safety is not dependent increase in performance interval. However, (FSAR) remain the same considering the upon who the STA supports. Therefore, this the test will still be performed at reasonable results of the proposed changes to the P/T change does not involve a significant intervals to ensure the intent of the limits and the LTOP [low temperature reduction in a margin of safety. surveillance is maintained. Therefore, this overpressure] enable temperature. The new (8) The Occupational Radiation Exposure change does not involve a significant P/T and LTOP enable temperature limits Report will be submitted by April 30 of each reduction in a margin of safety. were based on the NRC [Nuclear Regulatory calendar year instead of prior to March 1. (14) A change that allows the OSRC review Commission] accepted methodologies along The margin of safety is not dependent on of the desirability of maintaining a channel with the ASME [American Society of the submittal of information. Therefore, this in the bypassed condition to be at or before Mechanical Engineers] Code [Boiler and change does not involve a significant the next regularly scheduled meeting. Pressure Vessel Code] alternatives. The reduction in a margin of safety. The proposed change allows the OSRC proposed changes do not impact the integrity (9) An allowance is proposed that will review to occur earlier than previously of the reactor coolant pressure boundary revise the high radiation areas to include required if an OSRC meeting is called before (RCPB) (i.e., there is no change to the

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operating pressure, materials, loadings, etc.). of the P/T limits and curves will ensure that (NSHC) determination, using the The proposed change does not affect the Waterford 3 continues to operate within the consolidated line item improvement probability nor consequences of any design operating margins allowed by 10 CFR 50.60 process. The NRC staff subsequently basis accident (DBA). The proposed P/T limit and the ASME Code. The material properties issued a notice of availability of the curves, maximum heatup and cooldown used in the analysis are based on results rates, and the LTOP enable temperature are established through Westinghouse material models for referencing in license not considered to be an initiator or reports for copper and nickel content. The amendment applications in the Federal contributor to any accident currently application of ASME Code Case N–641 Register on April 4, 2003 (68 FR 16579). evaluated in the Waterford 3 FSAR. The new presents alternative procedures for The licensee affirmed the applicability limits ensure the long term integrity of the calculating P/T and LTOP temperatures in of the following NSHC determination in RCPB. lieu of that established for ASME Section XI, its application dated September 8, 2003. Fracture toughness test data are obtained Appendix G–2215. The Code alternative Basis for proposed no significant from material specimens contained in allows certain assumptions to be conservatively reduced. However, the hazards consideration determination: capsules that are periodically withdrawn As required by 10 CFR 50.91(a), an from the reactor vessel. These data permit procedures allowed by Code Case N–641 still determination of the conditions under which provide significant conservatism and ensure analysis of the issue of no significant the vessel can be operated with adequate an adequate margin of safety in the hazards consideration is presented safety margins against non-ductile fracture development of P/T operating and pressure below: test limits to prevent non-ductile fractures. throughout its service life. During the spring Criterion 1—The Proposed Change Does Therefore, the proposed change does not 2002 Waterford 3 refueling outage, a reactor Not Involve a Significant Increase in the involve a significant reduction in a margin of vessel specimen capsule was withdrawn and Probability or Consequences of an Accident safety. analyzed to predict the fracture toughness Previously Evaluated. requirements using projected neutron fluence The NRC staff has reviewed the The proposed change allows entry into a calculations. For each analyzed transient and licensee’s analysis and, based on this mode or other specified condition in the steady state condition, the allowable pressure review, it appears that the three applicability of a TS, while in a TS condition is determined as a function of reactor coolant statement and the associated required actions temperature considering postulated flaws in standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff of the TS. Being in a TS condition and the the reactor vessel beltline, inlet nozzle, outlet associated required actions is not an initiator nozzle, and closure head. proposes to determine that the of any accident previously evaluated. The predicted radiation induces ‘‘RTNDT amendment request involves no Therefore, the probability of an accident was calculated using the respective reactor significant hazards consideration. previously evaluated is not significantly vessel beltline materials copper and nickel Attorney for licensee: N.S. Reynolds, increased. The consequences of an accident contents and neutron fluence applicable to Esquire, Winston & Strawn, 1400 L while relying on required actions as allowed 32 EFPY including an estimated increase in Street NW., Washington, DC 20005– by proposed LCO 3.0.4, are no different than flux due to proposed power uprates. The 3502. the consequences of an accident while RTNDT and, in turn, the operating limits for NRC Section Chief: Robert A. Gramm. entering and relying on the required actions Waterford 3 were adjusted to account for the while starting in a condition of applicability effects of irradiation on the fracture Exelon Generation Company, LLC, of the TS. Therefore, the consequences of an toughness of the reactor vessel materials. Docket Nos. 50–352 and 50–353, accident previously evaluated are not Therefore, new operating limits will be Limerick Generating Station, Unit Nos. significantly affected by this change. The established which are represented in the 1 and 2, Montgomery County, addition of a requirement to assess and revised operating curves for heatup/ Pennsylvania manage the risk introduced by this change criticality, cooldown, and inservice will further minimize possible concerns. hydrostatic testing contained in the TSs. Date of amendment request: Therefore, this change does not involve a Therefore, the proposed change does not September 8, 2003. significant increase in the probability or involve a significant increase in the Description of amendment request: consequences of an accident previously probability or consequences of an accident The proposed change allows entry into evaluated. previously evaluated. a mode or other specified condition in Criterion 2—The Proposed Change Does 2. Does the proposed change create the the applicability of a Technical Not Create the Possibility of a New or possibility of a new or different kind of Different Kind of Accident from any accident from any accident previously Specification (TS), while in a condition Previously Evaluated. evaluated? statement and the associated required The proposed change does not involve a Response: No. actions of the TS, provided the licensee physical alteration of the plant (no new or The proposed changes to the P/T and performs a risk assessment and manages different type of equipment will be installed). LTOP enable temperature will not create a risk consistent with the program in Entering into a mode or other specified new accident scenario. The requirements to place for complying with the condition in the applicability of a TS, while have P/T limits and LTOP protection are part requirements of Title 10 of the Code of in a TS condition statement and the of the licensing basis for Waterford 3. The Federal Regulations (10 CFR), Part 50, associated required actions of the TS, will approach used to develop the new P/T limits Section 50.65(a)(4). Limiting Condition not introduce new failure modes or effects and LTOP enable temperature meets NRC and will not, in the absence of other and ASME regulations and guidelines. The for Operation (LCO) 3.0.4, exceptions in unrelated failures, lead to an accident whose data analysis for the vessel specimen individual TSs, would be eliminated, consequences exceed the consequences of removed during the last Waterford 3 and Surveillance Requirement (SR) 3.0.4 accidents previously evaluated. The addition refueling outage confirms that the vessel revised to reflect the LCO 3.0.4 of a requirement to assess and manage the materials are responding as predicted. allowance. risk introduced by this change will further Therefore, the proposed change does not This change was proposed by the minimize possible concerns. Thus, this create the possibility of a new or different industry’s Technical Specification Task change does not create the possibility of a kind of accident from any previously Force (TSTF) and is designated TSTF– new or different kind of accident from an evaluated. 359. The NRC staff issued a notice of accident previously evaluated. 3. Does the proposed change involve a opportunity for comment in the Federal Criterion 3—The Proposed Change Does significant reduction in a margin of safety? Not Involve a Significant Reduction in a Response: No. Register on August 2, 2002 (67 FR Margin of Safety. The existing P/T curves and LTOP enable 50475), on possible amendments The proposed change allows entry into a temperature in the TSs are reaching their concerning TSTF–359, including a mode or other specified condition in the expiration period for the number of years at model safety evaluation and model no applicability of a TS, while in a TS condition effective full power operation. The revision significant hazards consideration statement and the associated required actions

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of the TS. The TS allow operation of the manner in which safety-related SSCs are the potential for inadvertent actuation plant without the full complement of operated, maintained, modified, tested, or accomplished by changing the CO2 systems equipment through the conditions for not inspected. The EDG CO2 system is safety from automatic to manual prevents the CO2 meeting the TS LCO. The risk associated with related due to a potential common mode systems from creating a challenge to existing this allowance is managed by the imposition effect on all four EDGs in the event of a accidents. of required actions that must be performed seismic event. Eliminating the automatic Therefore, changing the actuation of the within the prescribed completion times. The actuation function of the EDG CO2 system CO2 fire suppression system from automatic net effect of being in a TS condition on the will thereby eliminate a potential common to manual does not create the possibility of margin of safety is not considered significant. mode effect on the EDGs. The proposed a new or different kind of accident from any The proposed change does not alter the activity does not degrade the performance or accident previously evaluated. required actions or completion times of the increase the challenges of any safety-related 3. Does the proposed change involve a TS. The proposed change allows TS SSCs assumed to function in the accident significant reduction in a margin of safety? conditions to be entered, and the associated analysis. As a result, the proposed activity Response: No. required actions and completion times to be does not introduce any new accident The proposed activity involves changing used in new circumstances. This use is initiators. In addition, fires are not an the actuation of the CO2 fire suppression predicated upon the licensee’s performance accident that is previously evaluated. systems from automatic to manual. With the of a risk assessment and the management of Regardless, the proposed activity does not exception of the Emergency Diesel Generator plant risk. The change also eliminates current change the probability of a fire occurring (EDG) CO2 system itself, the proposed allowances for utilizing required actions and since fire ignition frequency is independent activity does not result in any physical completion times in similar circumstances, of the method of fire suppression in the changes to safety-related structures, systems, without assessing and managing risk. The net room. The consequences of the proposed or components (SSCs), or the manner in change to the margin of safety is activity are bounded by the fire safe which safety-related SSCs are operated, insignificant. Therefore, this change does not shutdown analysis, which assumes fire maintained, modified, tested, or inspected. involve a significant reduction in a margin of damage throughout the affected fire area. The The proposed activity does not degrade the safety. fire safe shutdown analysis for each of the performance or increase the challenges of any The NRC staff proposes to determine areas addressed by the proposed activity safety-related SSCs assumed to function in demonstrates that safe shutdown can be the accident analysis. The proposed activity that the amendment request involves no accomplished assuming that no fire does not impact plant safety since the significant hazards consideration. suppression is available. In addition, the conclusions of the fire safe shutdown Attorney for licensee: Mr. Edward removal of the automatic discharge capability analysis remain unchanged. Cullen, Vice President & General of the CO2 system in each of the EDG rooms Therefore, changing the actuation of the Counsel, Exelon Generation Company, significantly reduces the potential for an CO2 fire suppression system from automatic LLC, 2301 Market Street, Philadelphia, inadvertent discharge to shutdown the EDG to manual does not involve a significant PA 19101. if needed for non-fire accident conditions. reduction in a margin of safety. NRC Section Chief: James W. Clifford. Similarly, removal of the automatic discharge The NRC staff has reviewed the feature in the CSR significantly reduces the Exelon Generation Company, LLC, and potential for an inadvertent discharge that licensee’s analysis and, based on this PSEG Nuclear LLC, Dockets Nos. 50–277 would require (by procedure) immediate review, it appears that the three and 50–278, Peach Bottom Atomic shutdown of both units, and the potential standards of 10 CFR 50.92(c) are Power Station, Units 2 and 3, York and migration of CO2 into the main control room satisfied. Therefore, the NRC staff Lancaster Counties, Pennsylvania or other areas. In the future, CO2 discharge proposes to determine that the will only occur as a deliberate action to the amendment request involves no Date of application for amendments: most extreme fires, as one element of an significant hazards consideration. September 26, 2003. overall graded approach to fire fighting in the Attorney for Licensee: Mr. Edward Description of amendment request: affected areas. Cullen, Vice President and General The proposed amendment would Therefore, changing the actuation of the Counsel, Exelon Generation Company, CO fire suppression systems from automatic modify the fire protection plan (FPP). 2 LLC, 2301 Market Street, S23–1, The change to the FPP would allow to manual does not involve a significant increase in the probability or consequences Philadelphia, PA 19101. converting the existing carbon dioxide NRC Section Chief: James W. Clifford. (CO ) fire suppression systems, located of an accident previously evaluated. 2 2. Does the proposed change create the in the cable spreading room (CSR) and FPL Energy Seabrook, LLC, Docket No. possibility of a new or different kind of 50–443, Seabrook Station, Unit No. 1, each of the four emergency diesel accident from any accident previously generator rooms, from automatic to evaluated? Rockingham County, New Hampshire manual actuation systems. Response: No. Date of amendment request: August Basis for proposed no significant The proposed activity involves changing 25, 2003. hazards consideration determination: the actuation of the CO2 fire suppression Description of amendment request: As required by 10 CFR 50.91(a), the systems from automatic to manual. With the The proposed amendment would allow licensee has provided its analysis of the exception of the Emergency Diesel Generator extension of the current Emergency (EDG) CO system itself, the proposed issue of no significant hazards 2 Diesel Generator (EDG) Technical consideration, which is presented activity does not result in any physical changes to safety-related structures, systems, Specifications allowed outage time below: or components (SSCs), or the manner in (AOT) from 72 hours to a period of 14 1. Does the proposed change involve a which safety-related SSCs are operated, days. This proposal would be supported significant increase in the probability or maintained, modified, tested, or inspected. by permanently installing a non-safety- consequences of an accident previously The proposed activity does not degrade the related supplemental emergency power evaluated? performance or increase the challenges of any system (SEPS). Response: No. safety-related SSCs assumed to function in Basis for proposed no significant The proposed activity involves changing the accident analysis. As a result, the hazards consideration determination: the actuation of the carbon dioxide (CO2) fire proposed activity does not introduce nor As required by Title 10 of the Code of suppression systems from automatic to increase the number of failure mechanisms of manual. With the exception of the Emergency a new or different type than those previously Federal Regulations (10 CFR) Section 50.91(a), the licensee has provided its Diesel Generator (EDG) CO2 system itself, the evaluated. The fire safe shutdown analysis proposed activity does not result in any assumes fire damage throughout the area analysis of the issue of no significant physical changes to safety-related structures, consistent with a complete lack of fire hazards consideration, which is systems, or components (SSCs), or the suppression capability. The elimination of presented below:

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1. The proposed changes do not involve a maintenance activities at power requires an analysis of the issue of no significant significant increase in the probability or evaluation to assure plant safety is hazards consideration, which is consequences of an accident previously maintained or enhanced, which would presented below: evaluated. include evaluation for new or different plant The proposed changes do not involve a conditions. Therefore, the proposed change 1. The proposed changes do not involve a change in the operational limits or physical will not create the possibility of a new or significant increase in the probability or design of the electrical power systems, different kind of accident from any accident consequences of an accident previously particularly the emergency power systems. previously evaluated. evaluated. The proposed changes do not change the 3. The proposed changes do not involve a Alternative source term calculations have function or operation of plant equipment or significant reduction in the margin of safety. been performed that demonstrate the dose affect the response of that equipment if called The proposed changes do not involve a consequences remain below limits specified upon to operate. The proposed AOT change in the operational limits. The in NRC [Nuclear Regulatory Commission] extensions to allow for additional operational proposed changes do not change the function Regulatory Guide 1.183 (July 2000) and flexibility will not cause a significant or operation of plant equipment or affect the 10CFR50.67. The proposed change does not increase in the probability or consequences response of that equipment if it is called modify the physical design or operation of of an accident previously evaluated. In upon to operate. The performance capability the plant. The use of AST changes only the actuality, the installation of the SEPS will of the emergency diesel generators will not regulatory assumptions regarding the have an overall net reduction in core damage be affected. Installation of the SEPS will have analytical treatment of the design basis frequency. The AOT extensions will lessen an overall net reduction in core damage accidents and has no direct effect on the probability of the accident. AST has been the burden of time pressure to quickly frequency. Emergency diesel generator utilized in the analysis of the limiting design determine the cause of failure and perform reliability and availability will be improved basis accidents listed above. The results of corrective actions without needing to place by implementation of the proposed changes. the analyses, which include the proposed the plant in a transient to shutdown because In addition, administrative controls will change to the Technical Specifications, of a short allotted AOT. ensure there are adequate compensatory demonstrate that the dose consequences of A Probabilistic Risk Assessment (PRA) has measures that can be and will be taken these limiting events are all within the been performed to quantitatively assess the during extended EDG maintenance activities regulatory limits. The proposed Technical risk impact of an increase in the Allowed to reduce overall risk. The results of the PRA Specification change to the definition of dose Outage Time. The proposed change results in performed to quantitatively assess the risk equivalent I–131 is consistent with the a significant decrease in core damage impact of an increase in the Allowed Outage implementation of AST and the requirements frequency (CDF). Large Early Release Time indicate the proposed change results in of RG 1.183 (July 2000). Frequency (LERF) is dominated by a significant decrease in core damage Therefore, the proposed change does not containment bypass and containment frequency (CDF) by up to 30 percent. involve a significant increase the probability isolation failures and remains relatively Therefore, the proposed changes do not or consequences of an accident previously unchanged by the addition the SEPS involve a significant reduction in the margin evaluated. combined with a 14-day AOT. of safety. 2. The proposed changes do not create the Based on the above, the proposed changes possibility of a new or different kind of will not significantly increase the probability The NRC staff has reviewed the licensee’s analysis and, based on this accident from any previously evaluated. or consequences of an accident previously The proposed change does not affect any evaluated. review, it appears that the three standards of 10 CFR 50.92(c) are plant structures, systems, or components. 2. The proposed changes do not create the The operation of plant systems and possibility of a new or different kind of satisfied. Therefore, the NRC staff equipment will not be affected by this accident from any previously evaluated. proposes to determine that the proposed change. The alternative source term The proposed changes do not involve a amendment request involves no and the dose equivalent I–131 definition change in the operational limits or physical significant hazards consideration. change do not have the capability to initiate design of the electrical power systems, Attorney for licensee: M.S. Ross, accidents. Therefore, the proposed change particularly the emergency power systems. Esquire, Florida Power & Light does not create the possibility of a new or The proposed changes do not change the Company, P.O. Box 14000, Juno Beach, different kind of accident from any accident function or operation of plant equipment or previously evaluated. introduce any new failure mechanisms. The FL 33408–0420. NRC Section Chief: James W. Clifford. 3. The proposed changes do not involve a SEPS and interfacing components with the significant reduction in the margin of safety. safety-related busses have been designed to FPL Energy Seabrook, LLC, Docket No. The proposed implementation of the ensure independence and separation, 50–443, Seabrook Station, Unit No. 1, alternative source term methodology is particularly during faulted conditions. As Rockingham County, New Hampshire consistent with NRC RG 1.183 (July 2000). such, no new failure modes are being The Technical Specification change to the introduced. The plant equipment will Date of amendment request: October definition of dose equivalent I131 is continue to respond per the design and 6, 2003. consistent with the implementation of AST analyses and there will not be a malfunction Description of amendment request: and the requirements of RG 1.183 (July 2000). of a new or different type introduced by the The proposed amendment would revise Conservative methodologies, per the proposed changes. the Seabrook Station licensing basis to guidance of RG 1.183 (July 2000), have been The proposed amendment extends the used in performing the accident analyses. Allowed Outage Times for restoring an implement the alternative source term (AST) methodology of Regulatory Guide The radiological consequences of these inoperable EDG to OPERABLE status and accidents are all within the regulatory extends the period for operability verification (RG) 1.183 through reanalysis of the acceptance criteria associated with use of the of redundant features to allow for minor radiological consequences of a number alternative source term methodology. repair prior to placing the plant in a of the Updated Final Safety Analysis The proposed changes continue to ensure shutdown transient. The proposed Report Chapter 15 accidents. Further, that the doses at the exclusion area and low amendment will not result in changes to the having revised the licensing basis, the population zone boundaries and in the type of corrective or preventive maintenance amendment would also revise the Control Room are within the corresponding activities associated with the EDGs. Plant definition of dose equivalent I–131 in regulatory limits of RG 1.183 (July 2000) and operating procedures and the procedures 10CFR50.67. The margin of safety for the used to respond to abnormal or emergency Technical Specifications Section 1.12. Basis for proposed no significant radiological consequences of these accidents conditions will be enhanced with the option is considered to be that provided by meeting to use the SEPS when deemed necessary. hazards consideration determination: the applicable regulatory limits, which are Assumptions made in the safety analysis As required by Title 10 of the Code of set at or below the 10CFR50.67 limits. An related to EDG availability will also remain Federal Regulations (10 CFR) Section acceptable margin of safety is inherent in unchanged. Performance of certain 50.91(a), the licensee has provided its these limits.

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Therefore, the proposed change does not Probability or Consequences of an Accident without assessing and managing risk. The net involve a significant reduction in the margin Previously Evaluated. change to the margin of safety is of safety. The proposed change allows entry into a insignificant. Therefore, this change does not The NRC staff has reviewed the mode or other specified condition in the involve a significant reduction in a margin of applicability of a TS, while in a TS condition safety. licensee’s analysis and, based on this statement and the associated required actions The NRC staff proposes to determine that review, it appears that the three of the TS. Being in a TS condition and the the amendment request involves no standards of 10 CFR 50.92(c) are associated required actions is not an initiator significant hazards consideration. satisfied. Therefore, the NRC staff of any accident previously evaluated. Attorney for licensee: Richard F. proposes to determine that the Therefore, the probability of an accident Locke, Esq., Pacific Gas and Electric amendment request involves no previously evaluated is not significantly Company, P.O. Box 7442, San significant hazards consideration. increased. The consequences of an accident Attorney for licensee: M.S. Ross, while relying on required actions as allowed Francisco, California 94120. NRC Section Chief: Stephen Dembek. Esquire, Florida Power & Light by proposed LCO 3.0.4, are no different than Company, P.O. Box 14000, Juno Beach, the consequences of an accident while entering and relying on the required actions PSEG Nuclear LLC, Docket No. 50–354, FL 33408–0420. while starting in a condition of applicability Hope Creek Generating Station, Salem NRC Section Chief: James W. Clifford. of the TS. Therefore, the consequences of an County, New Jersey Pacific Gas and Electric Company, accident previously evaluated are not Date of amendment request: October Docket Nos. 50–275 and 50–323, Diablo significantly affected by this change. The 23, 2003. addition of a requirement to assess and Description of amendment request: Canyon Nuclear Power Plant, Unit Nos. manage the risk introduced by this change 1 and 2, San Luis Obispo County, will further minimize possible concerns. The proposed amendment would delete California Therefore, this change does not involve a the surveillance requirements associated Date of amendment requests: significant increase in the probability or with the Emergency Diesel Generator September 26, 2003. consequences of an accident previously lockout features. Description of amendment requests: evaluated. Basis for proposed no significant The proposed change allows entry into Criterion 2—The Proposed Change Does hazards consideration determination: a mode or other specified condition in Not Create the Possibility of a New or As required by 10 CFR 50.91(a), the Different Kind of Accident from any licensee has provided its analysis of the the applicability of a Technical Previously Evaluated. Specification (TS), while in a condition issue of no significant hazards The proposed change does not involve a consideration, which is presented statement and the associated required physical alteration of the plant (no new or actions of the TS, provided the licensee different type of equipment will be installed). below: performs a risk assessment and manages Entering into a mode or other specified 1. Does the proposed change involve a risk consistent with the program in condition in the applicability of a TS, while significant increase in the probability or place for complying with the in a TS condition statement and the consequences of an accident previously requirements of 10 CFR 50.65(a)(4). associated required actions of the TS, will evaluated? Limiting Condition for Operation (LCO) not introduce new failure modes or effects Response: No. 3.0.4 exceptions in individual TS would and will not, in the absence of other The proposed changes to the Technical unrelated failures, lead to an accident whose Specifications (TS) 3/4.8.1.1, AC Sources— be eliminated, and Surveillance consequences exceed the consequences of Operating, would delete an unnecessary Requirement (SR) 3.0.4 revised to reflect accidents previously evaluated. The addition surveillance. The probability of occurrence or the LCO 3.0.4 allowance. of a requirement to assess and manage the the consequences for an accident or This change was proposed by the risk introduced by this change will further malfunction of equipment is not increased by industry’s Technical Specification Task minimize possible concerns. Thus, this the proposed changes. In addition, the Force (TSTF) and is designated TSTF– change does not create the possibility of a proposed changes do not alter the way any 359. The NRC staff issued a notice of new or different kind of accident from an structure, system or component (SSC) opportunity for comment in the Federal accident previously evaluated. functions, do not modify the manner in Register on August 2, 2002 (67 FR Criterion 3—The Proposed Change Does which the plant is operated, and do not 50475), on possible amendments Not Involve a Significant Reduction in a significantly alter equipment out-of-service Margin of Safety. time. Deleting the surveillance of equipment concerning TSTF–359, including a The proposed change allows entry into a protection does not change the probability or model safety evaluation and model no mode or other specified condition in the consequences of any accident and dose significant hazards consideration applicability of a TS, while in a TS condition consequences are unaffected. No changes to (NSHC) determination, using the statement and the associated required actions the design of structures, systems, or consolidated line item improvement of the TS. The TS allow operation of the components (SSC) are made and there are no process. The NRC staff subsequently plant without the full complement of effects on accident mitigation. issued a notice of availability of the equipment through the conditions for not Therefore, the proposed changes do not models for referencing in license meeting the TS LCO. The risk associated with involve a significant increase in the amendment applications in the Federal this allowance is managed by the imposition probability or consequences of an accident of required actions that must be performed previously evaluated. Register on April 4, 2003 (68 FR 16579). within the prescribed completion times. The 2. Does the proposed change create the The licensee affirmed the applicability net effect of being in a TS condition on the possibility of a new or different kind of of the following NSHC determination in margin of safety is not considered significant. accident from any accident previously its application dated September 26, The proposed change does not alter the evaluated? 2003. required actions or completion times of the Response: No. Basis for proposed no significant TS. The proposed change allows TS The possibility of a new or different kind hazards consideration determination: conditions to be entered, and the associated of accident from any accident or malfunction As required by 10 CFR 50.91(a), an required actions and completion times to be in the Hope Creek Updated Final Safety analysis of the issue of no significant used in new circumstances. This use is Analysis Report (UFSAR) is not created. The hazards consideration is presented predicated upon the licensee’s performance Emergency Diesel Generators are accident of a risk assessment and the management of mitigation equipment and cannot initiate an below: plant risk. The change also eliminates current accident. The proposed changes to the TS do Criterion 1—The Proposed Change Does allowances for utilizing required actions and not change the design function or operation Not Involve a Significant Increase in the completion times in similar circumstances, of any SSCs. The TS, as amended, would

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continue to provide assurance of EDG assure that the necessary quality of systems allowing for increased emergency core operability. and components is maintained, that facility cooling system leakage and unfiltered Therefore, the proposed changes do not operation will be within safety limits, and control room in-leakage, and eliminate create the possibility of a new or different that the Limiting Conditions for Operation the surveillance requirement to test the kind of accident from any previously will be met. evaluated. Since the proposed changes do not affect bottled air flow rate. 3. Does the proposed change involve a any accident initiator and since the Basis for proposed no significant significant reduction in a margin of safety? associated equipment will remain capable of hazards consideration determination: Response: No. performing its design function, the proposed As required by 10 CFR 50.91(a), the The proposed changes are procedural in change does not involve a significant licensee has provided its analysis of the nature and make no changes that affect the increase in the probability or radiological issue of no significant hazards ability of plant SSCs to perform their design consequences of an accident previously consideration, which is presented basis accident functions. In addition, the evaluated. below: proposed changes do not change the margin 2. Does the proposed change create the We have reviewed the proposed TS of safety since no SSCs are changed. The possibility of a new or different kind of results of accident analysis remain changes relative to the requirements of accident from any accident previously 10 CFR 50.92 and determined that a unchanged by the proposed changes to TS. evaluated? Therefore, the proposed changes do not Response: No. significant hazards consideration is not involve a significant reduction in a margin of The proposed changes do not change the involved. Specifically, operation of safety. design function or operation of any plant North Anna Power Station with the The NRC staff has reviewed the equipment. No new failure mechanisms, proposed changes will not: licensee’s analysis and, based on this malfunctions, or accident initiators are being 1. Involve a significant increase in the review, it appears that the three introduced by the proposed changes. probability or consequences of an accident Therefore, the proposed changes do not standards of 10 CFR 50.92(c) are previously evaluated. create the possibility of a new or different The proposed amendment does not involve satisfied. Therefore, the NRC staff kind of accident from any accident proposes to determine that the a significant increase in the probability or previously evaluated. consequence of an accident previously amendment request involves no 3. Does the proposed change involve a analyzed. The North Anna MCR/ESGR [main significant hazards consideration. significant reduction in a margin of safety? control room/emergency switchgear room] Attorney for licensee: Jeffrie J. Keenan, Response: No. EVS [emergency ventilation system], Esquire, Nuclear Business Unit—N21, No changes are being made to any plant PREACS [pump room exhaust air cleanup P.O. Box 236, Hancocks Bridge, NJ instrumentation setpoints or to the required system], and MCE [MCR]/ESGR Bottled Air 08038. level of redundancy. No changes are being systems only function following the NRC Section Chief: James W. Clifford. made to any power distribution limits. initiation of a design basis radiological Therefore, the proposed change does not accident. Therefore, the changes to these PSEG Nuclear LLC, Docket No. 50–354, involve a significant reduction in a margin of specifications, the definition of currently Hope Creek Generating Station, Salem safety. irradiated fuel, and the increase [of] the County, New Jersey The NRC staff has reviewed the depressurization time of [the] containment licensee’s analysis and, based on this following a design basis LOCA [loss-of- Date of amendment request: October coolant accident] will not increase the 24, 2003. review, it appears that the three probability of any previously analyzed Description of amendment request: standards of 10 CFR 50.92(c) are accident. These systems are not initiators of The proposed change to Technical satisfied. Therefore, the NRC staff any design bases accident. Specifications will revise surveillance proposes to determine that the Revised dose calculations, which take into requirements associated with reactor amendment request involves no account the changes proposed by this [these] protection system instrumentation, significant hazards consideration. amendment[s] and the use of the alternative control rod block instrumentation, Attorney for licensee: Jeffrie J. Keenan, source term[,] have been performed for the source range monitors, and power Esquire, Nuclear Business Unit—N21, North Anna design basis radiological P.O. Box 236, Hancocks Bridge, NJ accidents. The results of these revised distribution limits, to minimize calculations indicate that public and control unnecessary testing. 08038. room doses will not exceed the limits Basis for proposed no significant NRC Section Chief: James W. Clifford. specified in 10 CFR 50.67 and Regulatory hazards consideration determination: Virginia Electric and Power Company, Guide 1.183. There is not a significant As required by 10 CFR 50.91(a), the Docket Nos. 50–338 and 50–339, North increase in predicted dose consequences for licensee has provided its analysis of the Anna Power Station, Units No. 1 and any of the analyzed accidents. Therefore, the proposed changes do not involve a issue of no significant hazards No. 2, Louisa County, Virginia consideration, which is presented significant increase in the consequences of below: Date of amendment request: any previously analyzed accident. September 12, 2003. 2. Create the possibility of a new or 1. Does the proposed change involve a Description of amendment request: different kind of accident from any accident significant increase in the probability or The proposed amendments would previously evaluated. consequences of an accident previously The implementation of the proposed evaluated? revise Technical Specification (TS) changes does not create the possibility of an Response: No. Sections 1.1, 3.7.10, 3.7.12, 3.7.13, accident of a different type than was The proposed amendment would revise the 3.7.14, 3.9.4, 5.5.2, and 5.5.10, and the previously evaluated in the UFSAR [Updated Technical Specification (TS) Surveillance associated Bases Sections to implement Final Safety Analysis Report]. Although the Requirements (SRs) for certain Reactor an alternate source term at North Anna proposed changes could affect the operation Protection System and Control Rod Block Power Station, Units 1 and 2. The of the MRC [MCR]/ESGR EVS following a Instrumentation, the source range monitors proposed changes would implement design basis radiological accident, none of and power distribution limits, consistent NUREG–1465, ‘‘Accident Source Terms these changes can initiate a new or different with NUREG–1433, ‘‘Standard Technical for Light-Water Nuclear Power Plants,’’ kind of accident since they are only related Specifications (STS) General Electric Plants, to system capabilities that provide protection BWR [Boiling Water Reactor]/4,’’ Revision 2. dated February 1995, as the design-basis from accidents that have already occurred. No changes are being made to any source term, achieve a consistent design These changes do not alter the nature of instrumentation setpoints or plant basis for all accident dose assessments, events postulated in the UFSAR nor do they components. The revised SRs continue to increase operational flexibility by introduce any unique precursor mechanisms.

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Therefore, the proposed changes do not connection with these actions was Facility Operating License No. DPR– create the possibility of a new or different published in the Federal Register as 16: Amendment revised the Technical kind of accident from those previously indicated. Specifications. analyzed. Date of initial notice in Federal 3. Involve a significant reduction in the Unless otherwise indicated, the Commission has determined that these Register: July 8, 2003 (68 FR 40709). margin of safety. The Commission’s related evaluation The implementation of the proposed amendments satisfy the criteria for changes does not reduce the margin of safety. categorical exclusion in accordance of this amendment is contained in a The proposed changes for the MCR/ESGR with 10 CFR 51.22. Therefore, pursuant Safety Evaluation dated November 24, EVS, PREACS, and MCE [MCR]/ESGR to 10 CFR 51.22(b), no environmental 2003. No significant hazards consideration Bottled Air System do not affect the ability impact statement or environmental of these systems to perform their intended comments received: No. safety functions to maintain dose less than assessment need be prepared for these the required limits during design basis amendments. If the Commission has Entergy Nuclear Operations, Docket No. radiological events. The revised dose prepared an environmental assessment 50–247, Indian Point Nuclear calculations also indicate that the change to under the special circumstances Generating Unit No. 2, Westchester the containment depressurization times will provision in 10 CFR 51.12(b) and has County, New York continue to maintain the dose to the public made a determination based on that Date of application for amendment: and control room operators less than the assessment, it is so indicated. required limits. March 27, 2002, as supplemented on The radiological analysis results, when For further details with respect to the May 30, July 10, October 10, October 28, compared with the revised TEDE [total action see (1) The applications for November 26, and December 18, 2002, effective dose equivalent] acceptance criteria, amendment, (2) the amendment, and (3) and on January 6, January 27, February meet the applicable limits. These acceptance the Commission’s related letter, Safety 26, April 8, May 19, June 23, June 26, criteria have been developed for application Evaluation and/or Environmental July 15, August 6, September 11, to analyses performed with alternative source Assessment as indicated. All of these October 8, and October 14, 2003. terms. These acceptance criteria have been items are available for public inspection Brief description of amendment: This developed for the purpose of use in design at the Commission’s Public Document amendment converts the current basis accident analyses such that meeting the stated limits demonstrates adequate Room, located at One White Flint North, Technical Specifications (TS) to a set of protection of public health and safety. It is Public File Area 01F21, 11555 Rockville Improved TS based on NUREG–1431, thus concluded that the margin of safety will Pike (first floor), Rockville, Maryland. Revision 2, ‘‘Standard Technical not be reduced by the implementation of the Publicly available records will be Specifications for Westinghouse changes. accessible from the Agencywide Plants,’’ Revision 2, dated June 2001. Date of issuance: November 21, 2003. The NRC staff has reviewed the Documents Access and Management Effective date: As of the date of licensee’s analysis and, based on this Systems (ADAMS) Public Electronic Reading Room on the Internet at the issuance to be implemented within 60 review, it appears that the three days. standards of 50.92(c) are satisfied. NRC Web site, http://www.nrc.gov/ reading-rm/adams.html. If you do not Amendment No.: 238. Therefore, the NRC staff proposes to Facility Operating License No. DPR– have access to ADAMS or if there are determine that the amendment request 26: Amendment replaced the current problems in accessing the documents involves no significant hazards Technical Specifications (TSs) with the located in ADAMS, contact the NRC consideration. Improved TSs in their entirety and Public Document Room (PDR) Reference Attorney for licensee: Ms. Lillian M. revised the license. Cuoco, Esq., Senior Counsel, Dominion staff at 1–800–397–4209, 301–415–4737 Date of initial notice in Federal Resources Services, Inc., Millstone or by e-mail to [email protected]. Register: September 26, 2003 (68 FR Power Station, Building 475, 5th Floor, AmerGen Energy Company, LLC, et al., 55660). Rope Ferry Road, Rt. 156, Waterford, Docket No. 50–219, Oyster Creek The supplemental letters that were Connecticut 06385. Nuclear Generating Station, Ocean received subsequent to the issuance of NRC Section Chief: John A. Nakoski. County, New Jersey the Federal Register notice provided Notice of Issuance of Amendments to clarifying information that did not Date of application for amendment: Facility Operating Licenses change the no significant hazards June 2, 2003. consideration. During the period since publication of Brief description of amendment: The The Commission’s related evaluation the last biweekly notice, the amendment revised the Technical of the amendment is contained in a Commission has issued the following Specifications, Sections 3.7.B.1 and Safety Evaluation dated November 21, amendments. The Commission has 3.7.C.2. Section 3.7.B.1 required that the 2003. determined for each of these reactor may remain in operation ‘‘for a No significant hazards consideration amendments that the application period not to exceed 7 days in any 30 comments received: No. complies with the standards and day period if a startup transformer is out requirements of the Atomic Energy Act Entergy Nuclear Operations, Inc., of service.’’ Section 3.7.C.2 required that Docket No. 50–293, Pilgrim Nuclear of 1954, as amended (the Act), and the the reactor may be in operation ‘‘for a Commission’s rules and regulations. Power Station, Plymouth County, period not to exceed 7 days in any 30 Massachusetts The Commission has made appropriate day period if a diesel generator is out of findings as required by the Act and the service.’’ The amendment deleted the Date of application for amendment: Commission’s rules and regulations in phrase ‘‘in any 30 day period’’ from March 19, 2003. Brief description of amendment: This 10 CFR Chapter I, which are set forth in these two sections. the license amendment. amendment deletes Technical Notice of Consideration of Issuance of Date of Issuance: November 24, 2003. Specification (TS) 5.5.3, ‘‘Post Accident Amendment to Facility Operating Effective date: November 24, 2003 and Sampling,’’ and thereby eliminates the License, Proposed No Significant shall be implemented within 30 days of requirements to have and maintain the Hazards Consideration Determination, issuance. post accident sampling system at the and Opportunity for a Hearing in Amendment No.: 239. Pilgrim Nuclear Power Station.

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Date of issuance: November 14, 2003. Brief description of amendments: The Facility Operating License Nos. NPF– Effective date: As of the date of amendments revise Technical 11 and NPF–18: The amendments issuance, and shall be implemented Specification 5.5.13, ‘‘Primary revised the Technical Specifications. within 60 days. Containment Leakage Rate Testing Date of initial notice in Federal Amendment No.: 204. Program,’’ to reflect a one-time deferral Register: June 24, 2003 (68 FR 37577). Facility Operating License No. DPR– of the primary containment Type A test The Commission’s related evaluation 35: Amendment revised the TSs. to no later than June 13, 2009 for Unit of the amendments is contained in a Date of initial notice in Federal 1 and no later than December 7, 2008 for Safety Evaluation dated November 13, Register: June 10, 2003 (68 FR 34663). Unit 2. 2003. The Commission’s related evaluation Date of issuance: November 19, 2003. No significant hazards consideration of the amendment is contained in a Effective date: As of the date of comments received: No. Safety Evaluation dated November 14, issuance and shall be implemented Nuclear Management Company, LLC, 2003. within 60 days. No significant hazards consideration Docket No. 50–305, Kewaunee Nuclear Amendment Nos.: 162, 148. Power Plant, Kewaunee County, comments received: No. Facility Operating License Nos. NPF– Wisconsin Exelon Generation Company, LLC, 11 and NPF–18: The amendments Date of application for amendment: Docket Nos. STN 50–454 and STN 50– revised the Technical Specifications. December 19, 2002, as supplemented 455, Byron Station, Unit Nos. 1 and 2, Date of initial notice in Federal July 25, 2003. Ogle County, Illinois Register: December 10, 2002 (67 FR Brief description of amendment: The Docket Nos. STN 50–456 and STN 50– 75876). proposed amendment would revise the 457, Braidwood Station, Unit Nos. 1 and The Commission’s related evaluation Kewaunee technical specifications to 2, Will County, Illinois of the amendments is contained in a change the Nuclear Regulatory Safety Evaluation dated November 19, Commission reporting requirements for Date of application for amendments: 2003. the discovery of defective or degraded October 16, 2002, as supplemented by No significant hazards consideration steam generator tubes so that the letters dated June 20, 2003 and October comments received: No. requirements are aligned with 10 CFR 14, 2003. Exelon Generation Company, LLC, 50.72 and 10 CFR 50.73. Brief description of amendments: The Date of issuance: November 20, 2003. amendments revise the completion time Docket Nos. 50–373 and 50–374, LaSalle Effective date: As of the date of of Required Action A.1 of Technical County Station, Units 1 and 2, LaSalle issuance and shall be implemented Specification 3.8.7, ‘‘Inverters- County, Illinois within 30 days. Operating,’’ from the current 24 hours to Date of application for amendments: Amendment No.: 171. 7 days for one inoperable instrument May 19, 2003. Facility Operating License No. DPR– bus inverter. This provides greater Brief description of amendments: The 43: Amendment revised the Technical operational flexibility for online amendments revise Appendix A, Specifications. maintenance of an instrument bus Technical Specifications (TS), of Date of initial notice in Federal inverter with the potential to reduce the Facility Operating License Nos. NPF–11 Register: January 21, 2003 (68 FR 2807). duration of refueling outages. and NPF–18. Specifically, the change The supplemental letter contained Date of issuance: November 19, 2003. will decrease the frequency associated clarifying information and did not Effective date: As of the date of with TS Surveillance Requirement (SR) change the initial no significant hazards issuance and shall be implemented 3.7.7.1 for Turbine Bypass Valve (BPV) consideration determination and did not within 30 days. testing from 7 to 31 days. The change is expand the scope of the original Federal Amendment Nos.: 135/135, 129/129. consistent with the testing frequency Register notice. Facility Operating License Nos. NPF– The Commission’s related evaluation contained in NUREG–1434, ‘‘Standard 37, NPF–66, NPF–72 and NPF–77: The of the amendment is contained in a Technical Specifications General amendments revised the Technical Safety Evaluation dated November 20, Specifications. Electric Plants, BWR/6,’’ Revision 2, 2003. Date of initial notice in Federal dated June 2001, for BPV testing. The 7- No significant hazards consideration Register: December 10, 2002 (67 FR day frequency associated with SR comments received: No. 75874). 3.7.7.1 was established in the LaSalle The supplemental letters contained County Station (LSCS) TS during Southern Nuclear Operating Company, Inc., Docket Nos. 50–348 and 50–364, clarifying information and did not conversion to improved Standard Joseph M. Farley Nuclear Plant, Units 1 change the initial no significant hazards Technical Specifications (STS) format and 2, Houston County, Alabama consideration determination and did not due to the testing frequency contained Southern Nuclear Operating Company, expand the scope of the original Federal in the LSCS custom TS and the Inc., et al., Docket Nos. 50–424 and 50– Register notice. difficulties experienced with other The Commission’s related evaluation Electro-Hydraulic Control (EHC) system 425, Vogtle Electric Generating Plant, of the amendments is contained in a valves to consistently pass their Units 1 and 2, Burke County, Georgia Safety Evaluation dated November 19, surveillance tests. LSCS has recently re- Date of amendments request: 2003. No significant hazards evaluated the performance of these September 2, 2003. consideration comments received: No. valves and has determined that the Brief Description of amendments: The current performance of these valves amendments extend from 1 hour to 24 Exelon Generation Company, LLC, supports decreasing the testing hours the completion time for Condition Docket Nos. 50–373 and 50–374, LaSalle frequency of the BPVs from 7 to 31 days. B of Technical Specification 3.5.1, County Station, Units 1 and 2, LaSalle Date of issuance: November 13, 2003. which defines requirements for the County, Illinois Effective date: As of the date of restoration of an emergency core cooling Date of application for amendments: issuance and shall be implemented system accumulator when it has been October 24, 2002 and as supplemented within 60 days. declared inoperable for a reason other by letter dated June 20, 2003. Amendment Nos.: 163/148. than boron concentration.

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Date of issuance: November 18, 2003. NUCLEAR REGULATORY For the Nuclear Regulatory Commission. Effective date: As of the date of COMMISSION Ashok C. Thadani, issuance and shall be implemented Director, Office of Nuclear Regulatory within 60 days from the date of Regulatory Guide; Issuance, Research. issuance. Availability [FR Doc. 03–30467 Filed 12–8–03; 8:45 am] Amendment Nos.: 162, 155, 129, & The Nuclear Regulatory Commission BILLING CODE 7590–01–P 107. (NRC) has issued a new guide in its Facility Operating License Nos. NPF– Regulatory Guide Series. This series has 2 and NPF–8: Amendments revise the been developed to describe and make POSTAL RATE COMMISSION Technical Specifications. available to the public such information Facility Tour Date of initial notice in Federal as methods acceptable to the NRC staff Register: October 14, 2003 (68 FR for implementing specific parts of the AGENCY: Postal Rate Commission. 59220). NRC’s regulations, techniques used by ACTION: Notice of Commission tour. The Commission’s related evaluation the staff in its review of applications for of the amendments is contained in a permits and licenses, and data needed SUMMARY: Postal Rate Commissioners Safety Evaluation dated November 18, by the NRC staff in its review of and several staff members will tour 2003. applications for permits and licenses. United Parcel Service (UPS) facilities on No significant hazards consideration Regulatory Guide 1.199, ‘‘Anchoring December 11 and 12, 2003. On the comments received: No. Components and Structural Supports in evening of December 11, from Concrete,’’ has been developed to approximately 8 p.m. to 10 p.m., the Tennessee Valley Authority, Docket No. provide guidance to licensees and group will tour the UPS Mail 50–390, Watts Bar Nuclear Plant, Unit 1, applicants on methods acceptable to the Innovations facility in Paulsboro, NJ. On Rhea County, Tennessee NRC staff for complying with the NRC’s December 12, from approximately 11:30 Date of application for amendment: regulations in the design, evaluation, a.m. to 1:15 p.m., the group will tour the December 19, 2002. and quality assurance of anchors (steel UPS air hub at the Philadelphia airport. Brief description of amendment: The embedments) used for component and The purpose of the tours (including any amendment consists of changes to structural supports on concrete related briefings) is to observe Technical Specification (TS) 5.0, structures. operations. ‘‘Administrative Controls,’’ to Comments and suggestions in DATES: (1) December 11, 2003: UPS incorporate three approved TS Task connection with items for inclusion in facilities (Paulsboro, NJ). (2) December Force (TSTF) changes: TSTF–258, guides currently being developed or 12, 2003; UPS facilities (Philadelphia Revision 4, ‘‘Changes to Section 5.0, improvements in all published guides Airport Hub). are encouraged at any time. Written Administrative Controls’’; TSTF–299, FOR FURTHER INFORMATION CONTACT: Revision 0, ‘‘Administrative Controls comments may be submitted to the Stephen L. Sharfman, General Counsel, Program 5.5.2.b Test Interval and Rules and Directives Branch, Division of (202) 789–6818. Exception’’; and TSTF–308, Revision 1, Administrative Services, Office of ‘‘Determination of Cumulative and Administration, U.S. Nuclear Regulatory Dated: December 4, 2003. Projected Dose Contributions in the Commission, Washington, DC 20555. Garry J. Sikora, Radioactive Effluent Controls Program.’’ Questions on the content of this guide Acting Secretary. In addition, two editorial changes are may be directed to Mr. H. Graves, (301) [FR Doc. 03–30434 Filed 12–8–03; 8:45 am] incorporated to update personnel titles 415–5880; e-mail [email protected]. BILLING CODE 7710–FW–M and clarify required staffing levels. Regulatory guides are available for Date of issuance: November 13, 2003. inspection or downloading at the NRC’s Effective date: As of the date of Web site at http://www.nrc.gov under SECURITIES AND EXCHANGE issuance and shall be implemented Regulatory Guides and in NRC’s COMMISSION within 45 days. Electronic Reading Room (ADAMS Submission for OMB Review; Amendment No.: 49. System) at the same site. Single copies Comment Request Facility Operating License No. NPF– of regulatory guides may be obtained free of charge by writing the 90: Amendment revised the TSs. Upon Written Request, Copies Available Reproduction and Distribution Services From: Securities and Exchange Date of initial notice in Federal Section, U.S. Nuclear Regulatory Register: April 1, 2003 (68 FR 15764). Commission, Office of Filings and Commission, Washington, DC 20555– Information Services, Washington, DC The Commission’s related evaluation 0001, or by fax to (301) 415–2289, or by 20549. of the amendment is contained in a e-mail to [email protected]. Issued Extension: Rule 11Ac1–1; SEC File No. Safety Evaluation dated November 13, guides may also be purchased from the 270–404; OMB Control No. 3235–0461. 2003. National Technical Information Service Notice is hereby given that pursuant No significant hazards consideration (NTIS) on a standing order basis. Details to the Paperwork Reduction Act of 1995 comments received: No. on this service may be obtained by (44 U.S.C. 3501 et seq.), the Securities For the Nuclear Regulatory Commission writing NTIS at 5285 Port Royal Road, and Exchange Commission Dated at Rockville, Maryland, this 1st day Springfield, VA 22161; telephone 1– (‘‘Commission’’) has submitted to the of December 2003. 800–553–6847; http://www.ntis.gov. Office of Management and Budget Ledyard B. Marsh, Regulatory guides are not copyrighted, (‘‘OMB’’) a request for extension of the Director, Division of Licensing Project and Commission approval is not previously approved collection of Management, Office of Nuclear Reactor required to reproduce them. information discussed below. Regulation. (5 U.S.C. 552(a)) Rule 11Ac1–1, Dissemination of [FR Doc. 03–30246 Filed 12–8–03; 8:45 am] Dated at Rockville, MD this 28th day of Quotations, contains two related BILLING CODE 7590–01–P November 2003. collections of information necessary to

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disseminate market makers’ published Management and Budget within 30 days comments it received on the proposed quotations to buy and sell securities to of this notice. rule change. The text of these statements the public. The first collection of Dated: December 2, 2003. may be examined at the places specified information is found in Rule 11Ac1–1(c) Margaret H. McFarland, in Item IV below. The CBOE has 17 CFR 11Ac1–1(c). This reporting prepared summaries, set forth in Deputy Secretary. requirement obligates each ‘‘responsible sections A, B, and C below, of the most broker or dealer,’’ as defined under the [FR Doc. 03–30499 Filed 12–8–03; 8:45 am] significant aspects of such statements. rule, to communicate to its exchange or BILLING CODE 8010–01–P association its best bids, best offers, and A. Self-Regulatory Organization’s quotation sizes for any subject security, Statement of the Purpose of, and SECURITIES AND EXCHANGE as defined under the rule. The second Statutory Basis for, the Proposed Rule COMMISSION collection of information is found in Change Rule 11Ac1–1(b) 17 CFR 11Ac1–1(b). [Release No. 34–48865; File No. SR–CBOE– 1. Purpose 2003–48] This reporting requirement obligates The proposed rule change amends each exchange and association to make Interpretation and Policy .02 to CBOE available to quotation vendors for Self-Regulatory Organizations; Notice Rule 23.1, which provides for an dissemination to the public the best bid, of Filing and Immediate Effectiveness alternate method of determining the best offer, and aggregate quotation size of Proposed Rule Change by the closing exercise settlement value for the for each subject security.1 Brokers, Chicago Board Options Exchange, last business day of trading prior to the dealers, other market participants, and Incorporated Relating to the expiration of any interest rate option members of the public rely on published Determination of the Closing Exercise should the appropriate reporting quotation information to determine the Settlement Value for Interest Rate authority 3 be unable to do so. Currently, best price and market for execution of Options and to the Designation of the Interpretation and Policy .02 provides customer orders. Reporting Authorities for Interest Rate It is anticipated that 721 respondents, Options that the Exchange would be responsible consisting of 180 exchange specialists for determining the applicable closing December 2, 2003. value by conducting a random poll of a and 541 OTC market makers, will make Pursuant to Section 19(b)(1) of the 246,788,005 total annual responses minimum of ten primary government Securities Exchange Act of 1934 bond dealers. In place of this provision, pursuant to Rule 11Ac1–1, resulting in 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, the Exchange proposes that, in the event an annual aggregate burden of notice is hereby given that on November approximately 205,486 hours. the reporting authority does not 19, 2003, the Chicago Board Options generate a closing value for the last Rule 11Ac1–1 does not impose a Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) retention period for any recordkeeping business day of trading prior to submitted to the Securities and expiration of any interest rate option, requirements. Compliance with the rule Exchange Commission (‘‘Commission’’) is mandatory and the information the closing value would be determined the proposed rule change as described in accordance with the Rules and By- collected is made available to the in Items I, II, and III below, which Items public. Please note that an agency may Laws of the Options Clearing have been prepared by the CBOE. The Corporation (‘‘OCC’’). The CBOE not conduct or sponsor, and a person is Commission is publishing this notice to not required to respond to, a collection believes that this change is appropriate solicit comments on the proposed rule because OCC’s rules are predominant to of information unless it displays a change from interested persons. currently valid control number. the CBOE’s rules in the context of General comments regarding the I. Self-Regulatory Organization’s determining settlement values when estimated burden hours should be Statement of the Terms of Substance of such values are unavailable. directed to the following persons: (i) the Proposed Rule Change To illustrate, OCC By-Laws, Article The Desk Officer for the Securities and The CBOE proposes to amend XVI (Yield-Based Treasury Options), Exchange Commission, Office of Interpretation and Policy .01 and .02 Section 4 (Unavailability or Inaccuracy Information and Regulatory Affairs, under CBOE Rule 23.1 with respect to of Settlement Value of Underlying Office of Management and Budget, the determination of the closing exercise Yield), governs the situation in which Room 10102, New Executive Office settlement value for interest rate options the settlement value of the underlying Building, Washington, DC 20503; and when the designated reporting authority yield for series of yield-based options is (ii) Kenneth A. Fogash, Acting Associate is unable to provide that value and with unreported or otherwise unavailable for Executive Director/CIO, Office of respect to the designation of the the purposes of calculating the Information Technology, Securities and reporting authorities for interest rate settlement amount for exercised option Exchange Commission, 450 Fifth Street, options. The text of the proposed rule contracts. Section 4(a) provides for NW., Washington, DC 20549. Comments change is available at the Office of the methods that would allow OCC to must be submitted to the Office of Secretary, the CBOE, and at the determine the settlement amount(s) for Commission. affected series. Specifically, Section 1 A third requirement under Rule 11Ac1–1, as 4(a)(2) provides that OCC may fix the amended at 17 CFR 11Ac1–1(c)(5), gives electronic II. Self-Regulatory Organization’s settlement amount for exercised communications networks (‘‘ECNs’’) the option of Statement of the Purpose of, and reporting to an exchange or association for public contracts of affected series by using the dissemination, on behalf of their OTC market maker Statutory Basis for, the Proposed Rule best information available as to the or exchange specialist customers, the best priced Change correct settlement value of the orders and the full size for such orders entered by underlying yield. market makers, to satisfy such market makers’ In its filing with the Commission, the reporting obligation under Rule 11Ac1–1(c). CBOE included statements concerning Because this reporting requirement is an alternative the purpose of and basis for the 3 CBOE Rule 23.1(h) provides that ‘‘[t]he term method of meeting the market makers’ reporting proposed rule change and discussed any ‘‘reporting authority’’ in respect of a particular obligation, and because it is directed to nine or interest rate measure means the institution or fewer persons (ECNs), this collection of information reporting service designated by the Exchange as the is not subject to OMB review under the Paperwork 1 15 U.S.C 78s(b)(1). official source for securing and disseminating the Reduction Act. 2 17 CFR 240.19b–4. value underlying an interest rate measure.’’

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Additionally, this rule change providing a reliable source for Comments may also be submitted proposes to delete references to specific determining the exercise settlement electronically at the following e-mail reporting authorities for interest rate values of interest rate options, including address: [email protected]. All options in the appropriate Exchange when the reporting authority previously comment letters should refer to File No. rules. Currently, Interpretation and relied upon for this purpose has SR–CBOE–2003–48. This file number Policy .01 to CBOE Rule 23.1 identifies discontinued reporting such values, will should be included on the subject line the companies that are the official facilitate exercise transactions in these if e-mail is used. To help us process and sources for collecting and disseminating securities and will thereby serve to review comments more efficiently, the values that underlie an interest rate protect investors and the public interest. comments should be sent in hardcopy measure.4 The Exchange proposes to or by e-mail but not by both methods. amend Interpretation and Policy .01 so B. Self-Regulatory Organization’s Copies of the submission, all subsequent that specific entities are not Statement on Burden on Competition amendments, all written statements enumerated. As such, the Exchange The CBOE does not believe that the with respect to the proposed rule proposes that Interpretation and Policy proposed rule change will impose any change that are filed with the .01 be changed to reflect that the burden on competition not necessary or Commission, and all written Exchange may, from time to time, appropriate in furtherance of the communications relating to the designate a reporting authority to report purposes of the Act. proposed rule change between the the values necessary to calculate and Commission and any person, other than C. Self-Regulatory Organization’s disseminate yields for each security or those that may be withheld from the Statement on Comments on the to determine the closing exercise public in accordance with the Proposed Rule Change Received From settlement values of expiring interest provisions of 5 U.S.C. 552, will be rate options. Members, Participants or Others available for inspection and copying in The CBOE believes that this rule No written comments were solicited the Commission’s Public Reference change would allow the CBOE to or received with respect to the proposed Room. Copies of such filing will also be quickly designate a new reporting rule change. available for inspection and copying at authority if a situation were to arise in the principal office of the CBOE. All III. Date of Effectiveness of the which an approved reporting authority submissions should refer to File No. Proposed Rule Change and Timing for becomes unable to perform the required SR–CBOE–2003–48 and should be Commission Action calculations. The CBOE believes that submitted by December 30, 2003. The proposed rule change has become incidents such as the tragic events of For the Commission, by the Division of September 11, 2001 or the expansive effective pursuant to Section 19(b)(3)(A) Market Regulation, pursuant to delegated blackouts of recent weeks illustrate the of the Act 7 and Rule 19b–4(f)(6) 8 authority.9 need for flexibility to take appropriate thereunder, because the proposed rule Jill M. Peterson, action in these situations. The Exchange change: (1) Does not significantly affect Assistant Secretary. the protection of investors or the public also believes that it may find it [FR Doc. 03–30501 Filed 12–8–03; 8:45 am] operationally beneficial to change a interest; (2) does not impose any BILLING CODE 8010–01–P reporting authority for other reasons. significant burden on competition; and The Exchange represents that any (3) by its terms, does not become reporting authority chosen would need operative for 30 days after the date of SECURITIES AND EXCHANGE to have demonstrated to the Exchange filing. The CBOE provided the COMMISSION that it would be operationally capable of Commission with written notice of its performing the required functions. intent to file the proposed rule change, [Release No. 34–48868; File No. SR–NASD– Although the Exchange would have the along with a brief description and text 2003–165] ability to change the designated of the proposed rule change, at least 5 Self-Regulatory Organizations; Notice reporting authorities for interest rate business days prior to the filing date. of Filing of Proposed Rule Change and options under this proposed rule At any time within 60 days of the Amendment Nos. 1, 2, and 3 Thereto change, the Exchange has represented filing of such proposed rule change, the by the National Association of that it does not intend nor anticipate Commission may summarily abrogate Securities Dealers, Inc. To Establish a changing reporting authorities on a such rule change if it appears to the New ‘‘Discretionary’’ Order in regular basis. The Exchange will issue Commission that such action is Nasdaq’s SuperMontage System notification of the designation of any necessary or appropriate in the public new reporting authority for interest rate interest, for the protection of investors, December 3, 2003. options in the form of a regulatory or otherwise in furtherance of the Pursuant to section 19(b)(1) of the circular. purposes of the Act. Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 IV. Solicitation of Comments 2. Statutory Basis notice is hereby given that on November The CBOE believes that the proposed Interested persons are invited to 7, 2003, the National Association of rule change is consistent with Section submit written data, views and Securities Dealers, Inc. (‘‘NASD’’ or 6(b) of the Act 5 in general, and is in arguments concerning the foregoing, ‘‘Association’’), through its subsidiary, furtherance of the objectives of Section including whether the proposed rule the Nasdaq Stock Market, Inc. 6(b)(5) of the Act 6 in particular, in that change is consistent with the Act. (‘‘Nasdaq’’), filed with the Securities Persons making written submissions and Exchange Commission 4 Interpretation and Policy .01 to CBOE Rule 23.1 should file six copies thereof with the (‘‘Commission’’) the proposed rule identifies Telerate, Inc. as the designated reporting Secretary, Securities and Exchange change as described in Items I, II, and authority of each interest rate option’s ‘‘current Commission, 450 Fifth Street, NW., value’’ and identifies Gov PX as the designated III below, which Items have been reporting authority of each interest rate option’s Washington, DC 20549–0609. ‘‘closing exercise settlement value.’’ 9 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b)(5). 8 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4.

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prepared by Nasdaq. Nasdaq filed 4700. NASDAQ NATIONAL MARKET party, or until 4 p.m. Eastern Time on Amendment Nos. 1, 2, and 3 to the EXECUTION SYSTEM (NNMS) the day such order was submitted, 3 proposal on November 14, 2003, 4701. Definitions whichever comes first, whereupon it November 21, 2003,4 and November 28, will be returned to the sender. If the 2003, respectively.5 The Commission is Unless stated otherwise, the terms order is designated as ‘‘Good-till- publishing this notice to solicit described below shall have the Cancelled’’ (‘‘GTC’’), the order (or comments on the proposed rule change, following meaning: unexecuted portion thereof) will be as amended, from interested persons. (a)–(jj) No Change. retained by NNMS and remain available (kk)–(ll) Reserved. for potential display/execution until I. Self-Regulatory Organization’s (mm) No change. cancelled by the entering party, or until Statement of the Terms of Substance of (nn) The term ‘‘Discretionary’’ shall 1 year after entry, whichever comes the Proposed Rule Change mean, for priced limit orders so designated, an order that when entered first. Starting at 7:30 a.m., until the 4 Nasdaq proposes to adopt a new order p.m. market close, IOC and Day Non- type, the discretionary order (‘‘DO’’), in into NNMS has both a displayed bid or offer price, as well as a non-displayed Directed Orders may be entered into Nasdaq’s National Market Execution NNMS (or previously entered orders discretionary price range in which the System (‘‘NNMS’’ or ‘‘SuperMontage’’). cancelled), but such orders entered prior participant is also willing to buy or sell, Subject to Commission approval, to market open will not become if necessary. The displayed price may be Nasdaq intends to implement the available for execution until 9:30 a.m. fixed or may be pegged to equal the proposed rule change shortly after Eastern Time. GTC orders may be inside quote on the same side of the December 8, 2003, and will inform entered (or previously entered GTC market. The pegging of the Discretionary market participants of the exact orders cancelled) between the hours Order may be capped in the same implementation date via a Head Trader 7:30 a.m. to 6:30 p.m. Eastern Time, but manner as that of a Pegged Order. The alert on www.nasdaqtrader.com. The such orders entered prior to market discretionary price range of a text of the proposed rule change appears open, or GTC orders carried over from below. New text is in italics. Deleted Discretionary Order that is pegged will previous trading days, will not become text is in brackets.6 be adjusted to follow the pegged available for execution until 9:30 a.m. displayed price. * * * * * Eastern Time. Exception: Non-Directed * * * * * Day (other than Pegged and 3 See letter from John M. Yetter, Associate 4706. Order Entry Parameters Discretionary Orders) and GTC orders General Counsel, Nasdaq, to Katherine A. England, may be executed prior to market open Assistant Director, Division of Market Regulation (a) Non-Directed Orders— if required under Rule 4710(b)(3)(B). In (‘‘Division’’), Commission, dated November 14, (1) General. The following addition, an order may be assigned the 2003 (‘‘Amendment No. 1’’). In Amendment No. 1, requirements shall apply to Non- Nasdaq clarified that discretionary orders entered designations described below. by a market maker with an anti-internalization Directed Orders Entered by NNMS An order may be designated as qualifier value of ‘‘Y’’ (i.e., that may not be Market Participants: ‘‘Discretionary’’, in which case the order internalized) would be cancelled if the only (A) An NNMS Participant may enter available trading interest is a bid/offer from the will also automatically be designated as into the NNMS a Non-Directed Order in Day. A Discretionary Order may not be same market maker entered automatically by the order to access the best bid/best offer as system under NASD Rule 4710(b)(5). In designated as a Preferenced Order. The Amendment No. 1, Nasdaq also clarified the order displayed in Nasdaq. order (or unexecuted portion thereof) execution priority for discretionary orders resting (B) A Non-Directed Order must be a shall be displayed in the system, if on the book. market or limit order, must indicate 4 appropriate, using the displayed price See letter from John M. Yetter, Associate whether it is a buy, short sale, short-sale selected by the entering party, with the General Counsel, Nasdaq, to Katherine A. England, exempt, or long sale, and may be Assistant Director, Division, Commission, dated system also retaining a non-displayed November 20, 2003 (‘‘Amendment No. 2’’). In designated as an ‘‘Immediate or discretionary price range within which Amendment No. 2, Nasdaq reiterated its request for Cancel’’, or as a ‘‘Day’’ or a ‘‘Good-till- accelerated approval of the proposed rule change the entering party is also willing to Cancelled’’ order. If a priced order execute if necessary. If a Discretionary pursuant to section 19(b)(2) of the Act. designated as ‘‘Immediate or Cancel’’ 5 See letter from John M. Yetter, Associate Order is pegged, its displayed price will General Counsel, Nasdaq, to Katherine A. England, (‘‘IOC’’) is not immediately executable, be adjusted in response to changes in Assistant Director, Division, Commission, dated the unexecuted order (or portion the Nasdaq inside market. Starting at November 26, 2003 (‘‘Amendment No. 3’’). In thereof) shall be returned to the sender. 7:30 a.m., until the 4 p.m. market close, Amendment No. 3, Nasdaq amended the If a priced order designated as a ‘‘Day’’ description of the proposal to, among other things, Discretionary Orders may be entered explain the treatment of discretionary orders at the order is not immediately executable, the into NNMS (or previously entered orders opening and DAY order only designation. Nasdaq unexecuted order (or portion thereof) cancelled), but such orders entered prior also amended the proposed rule text to clarify the shall be retained by NNMS and remain to market open will not become conditions under which a resting discretionary available for potential display/execution order would execute at a discretionary price and the available for execution until 9:30 a.m. price priority of discretionary orders, to replace the until it is cancelled by the entering Eastern Time. Discretionary Orders phrase ‘‘order or Quote/Order’’ with ‘‘Non-Directed whose displayed price or discretionary Order or Quote/Order,’’ and to reflect the Filing of SR–NASD–2003–149); 48675 (October 21, price range does not lock or cross Commission’s approval of SR–NASD–2003–134. 2003), 68 FR 61528 (October 28, 2003) (Notice of See Securities Exchange Act Release No. 48821 Filing of SR–NASD–2003–143); and 48798 another Quote/Order will be available (November 20, 2003) (Order granting approval of (November 17, 2003) (Notice of Filing and for execution at 9:30 a.m. All other SR–NASD–2003–134). Immediate Effectiveness of SR–NASD–2003–150). Discretionary Orders will be added to 6 The Commission recently published for notice The text of the proposed rule change is shown as the time-priority queue described in and public comment proposed rule changes filed by marked against the text of the SuperMontage rules Nasdaq that proposes to modify the rules governing as currently in effect, and therefore reflects the Rule 4706(a)(1)(F) and (a)(2)(B) and the operation of SuperMontage. See Securities immediate effectiveness of SR–NASD–2003–150, processed by NNMS at market open. Exchange Act Release Nos. 48501 (September 17, but does not reflect proposed rule changes that are An order may be designated as 2003), 68 FR 56358 (September 30, 2003) (Notice of not yet effective. Nasdaq represents that it will file ‘‘Pegged,’’ in which case the order will Filing of SR–NASD–2003–128); 48671 (October 21, such amendments to SR–NASD–2003–165 or other 2003), 68 FR 61531 (October 28, 2003) (Notice of pending filings as Commission staff may request to also automatically be designated as Day. Filing of SR–NASD–2003–135); 48674 (October 21, reflect the approval, disapproval, immediate A Pegged Order may not be designated 2003), 68 FR 61508 (October 28, 2003) (Notice of effectiveness, or withdrawal of other filings. as a Preferenced Order. A Pegged Order

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(or unexecuted portion thereof) will be marketable, the order (or the unexecuted against the Nasdaq Quoting Market retained by NNMS and its price portion thereof) becomes non- Participant’s or NNMS Order Entry adjusted in response to changes in the marketable, the system will return the Firm’s own Quote/Order if the Nasdaq inside market. A Pegged Order order (or unexecuted portion thereof) to participant is at the best bid/best offer (including a Discretionary Order that is the entering participant. in Nasdaq. Nasdaq Quoting Market pegged) will be cancelled if there is no (B) A Non-Directed Order that is Participants and NNMS Order Entry displayable Quote/Order to which its either a market or limit order may be Firms may avoid any attempted price can be pegged. Starting at 7:30 entered prior to the market’s open. automatic system matching permitted a.m., until the 4 p.m. market close, [Such limit] Limit and market orders by this paragraph through the use of an Pegged Orders may be entered into designated as Immediate or Cancel and anti-internalization qualifier (AIQ) NNMS (or previously entered orders Discretionary Orders whose displayed quote/order flag containing the cancelled), but such orders entered prior price or discretionary price range would following values: ‘‘Y’’ or ‘‘I’’, subject to to market open will not become lock or cross another Quote/Order if the following restrictions: available for execution until 9:30 a.m. they were displayed will be held in a Y—if the Y value is selected, the Eastern Time. The initial price of time-priority queue that will begin to be system will execute the flagged quote/ Pegged Orders (including Discretionary processed at market open. A limit order order solely against attributable and Orders that are pegged) entered prior to that is designated as IOC and is not non-attributable quotes/orders market open will be established at 9:30 marketable at the time it reaches the (displayed and reserve) of Nasdaq a.m. based on the Nasdaq inside bid or front of the time-priority processing Quoting Market Participants and NNMS offer at that time. To maintain the queue will be returned to the entering Order Entry Firms other than the party capacity and performance of the NNMS, participant. entering the AIQ ‘‘Y’’ flagged quote/ Nasdaq may at any time suspend the (b)–(e) No change. order. If the only available trading entry of Pegged Orders (including interest is that of the same party entered Discretionary Orders that are pegged) 4707. Entry and Display of Quotes/ the AIQ ‘‘Y’’ flagged quote/order, the for all securities or for any security. Orders system will not execute at an inferior Pegged Orders that are in the NNMS at (a) Entry of Quotes/Orders—Nasdaq price level, and will instead return the the time of such suspension will Quoting Market Participants may enter latest entered of those interacting quote/ continue to be available for adjustment Quotes/Orders into the NNMS, and orders (or unexecuted portions thereof) and execution. NNMS Order Entry Firms may enter to the entering party; provided, however, (C)–(E) No Change. Non-Attributable Quotes/Orders into the that in the case of a Discretionary Order (F) A NNMS Market Participant may NNMS, subject to the following interacting with a bid/offer entered by enter a Non-Directed Order that is either requirements and conditions: the system pursuant to Rule 4710(b)(5), a market order or a limit order prior to (1) No change. the Discretionary Order (or unexecuted the market’s open. Market orders and (2) Upon entry of a Quote/Order into portions thereof) will be returned. limit orders designated as Immediate or the system, the NNMS shall time-stamp I—if the I value is selected, the system Cancel orders and Discretionary Orders it, which time-stamp shall determine will execute against all available trading whose displayed price or discretionary the ranking of the Quote/Order for interest, including the quote/orders of price range would lock or cross another purposes of processing Non-Directed the NNMS Order Entry Firm or Nasdaq Quote/Order if they were displayed shall Orders as described in Rule 4710(b). For Quoting Market Participant that entered be held in a time-priority queue that each subsequent size increase received the AIQ ‘‘I’’ flagged order, based will begin to be processed by NNMS at for an existing quote at a given price, the exclusively on the execution algorithm market open. If an Immediate or Cancel system will maintain the original time- selected when entering the AIQ I flagged limit order is unmarketable at the time stamp for the original quantity of the quote/order. it reaches the front of time-priority quote and assign a separate time-stamp b.–c. No change. processing queue, it will be returned to to that size increase. When a Pegged d. Reserved. e. If an NNMS Market Participant the entering market participant. Limit Order (including a Discretionary Order enters a Discretionary Order, the orders that are not designated as that is pegged) is displayed as a Quote/ Discretionary Order shall first be Immediate or Cancel orders shall be Order, its time-stamp will be updated executed against (or delivered in an retained by NNMS for potential display whenever its price is adjusted. amount equal to) the Quotes/Orders and in conformity with Rule 4707(b) and/or (3)–(4) No change. potential execution in conformity with (b)–(e) No change. Reserve Size of NNMS Market Rule 4710(b)(1)(B). Participants (including displayed (2) Entry of Non-Directed Orders by 4710. Participant Obligations in NNMS Discretionary Orders at their displayed NNMS Order Entry Firms—In addition (a) No change. prices) in conformity with this rule and to the requirements in paragraph (a)(1) (b) Non-Directed Orders subject to any applicable exceptions. If of this rule, the following conditions (1) No change. the full size of the incoming shall apply to Non-Directed Orders (A) No change. Discretionary Order cannot be executed entered by NNMS Order-Entry Firms: (B) No change. at its displayed price, the order may (A) All Non-Directed orders shall be (i)–(iii) No change. also be executed against (or delivered in designated as Immediate or Cancel, GTC (iv) Exceptions.—The following an amount equal to) the Quotes/Orders or Day but shall be required to be exceptions shall apply to the above and Reserve Size of NNMS Market entered as Non-Attributable if not execution parameters: Participants within the incoming entered as IOC. NNMS Order Entry a. If a Nasdaq Quoting Market Discretionary Order’s discretionary Firms may designate orders as Participant or NNMS Order Entry Firm price range (including displayed ‘‘Pegged[,]’’ or ‘‘Discretionary,’’ in enters a Non-Directed Order into the Discretionary Orders at their displayed which case the order will also system, before sending such Non- prices), in conformity with this rule and automatically be designated as Day. For Directed Order to the next Quoting subject to any applicable exception. If IOC orders, if after entry into the NNMS Market Participants in queue, the NNMS the full size of the incoming of a Non-Directed Order that is will first attempt to match off the order Discretionary Order cannot be executed

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in this manner, the order may also be (c)–(e) No change. limit orders with prices that fall within executed by (or receive delivery of) * * * * * the discretionary ranges of DOs may be displayed Discretionary Orders with executed by DOs, with the execution discretionary price ranges that overlap II. Self-Regulatory Organization’s occurring at the price of the incoming with the incoming Discretionary Order’s Statement of the Purpose of, and order, if there are no displayed Quotes/ discretionary price range, in conformity Statutory Basis for, the Proposed Rule Orders at that price or better.7 Similarly, with this rule and subject to any Change incoming DOs whose discretionary applicable exception. The unexecuted In its filing with the Commission, price ranges overlap with the portion of a Discretionary Order will Nasdaq included statements concerning discretionary price ranges of resting DOs then be retained by NNMS for potential the purpose of, and basis for, the would execute at the price most display in conformity with Rule 4707(b). proposed rule change and discussed any beneficial to the resting order. Thus, if When a Discretionary Order is comments it received on the proposed the best bid was $20.00, and a DO to displayed as a Quote/Order, Non- rule change. The text of these statements buy at $20.00 with discretion up to Directed Orders or Quotes/Orders may be examined at the places specified $20.02 was on the book, the DO could entered at the displayed price (including in Item IV below. Nasdaq has prepared interact with (i) a market order (at incoming Discretionary Orders with a summaries, set forth in Sections A, B, $20.00), (ii) a marketable limit order or displayed or discretionary price equal to and C below, of the most significant DO (at $20.00), (iii) a limit order priced the displayed Discretionary Order’s aspects of such statements. at $20.01 or $20.02 (at the price of the displayed price) may be executed limit order), or (iv) a DO with a against (or delivered to) the displayed A.Self-Regulatory Organization’s discretionary price of $20.01 and/or Discretionary Order, and market orders Statement of the Purpose of, and $20.02, at the lowest overlapping price. may be executed against (or delivered Statutory Basis for, the Proposed Rule For purposes of determining execution to) the displayed Discretionary Order Change priority, the price priority of a displayed when its displayed price is at the inside. 1. Purpose DO would be based on its displayed Non-Directed Orders or Quotes/Orders price when it may be executed at its To provide increased functionality to (other than Discretionary Orders) displayed price.8 When displayed DOs system users, Nasdaq proposes to adopt entered at a price within the displayed may be executed at prices within their a new order type, DO, for use in Discretionary Order’s discretionary discretionary price ranges, their price price range may be executed by (or SuperMontage. A DO would allow priority vis-a`-vis one another would be receive delivery of) the displayed market participants to enter an order based on their most aggressive Discretionary Order at the price of the that has both a displayed bid or offer discretionary prices, and their price incoming Non-Directed Order or Quote/ price and a non-displayed discretionary priority vis-a`-vis Quotes/Orders that are Order if there are no displayed Quotes/ price range within which the participant not DOs will be based upon the price at Orders at that price or better. Incoming is also willing to buy or sell, if which they are executable.9 Discretionary Orders with a necessary. For example, a market If a new quote/order would interact discretionary price range that overlaps participant may enter a DO to buy at with a resting DO’s discretionary with the displayed Discretionary Order’s $20.00, with a discretionary price range price(s), SuperMontage would discretionary price range may be of $0.05, thereby indicating that the immediately execute the overlapping executed by (or receive delivery of) the market participant wishes to buy at portion of the newly-entered quote/ displayed Discretionary Order at the $20.00, but is also willing to pay up to order. Thus, if the best bid was $20.00, overlapping price most favorable to the $20.05, if necessary. If the $20.00 price the best offer was $20.08, and a DO to displayed Discretionary Order. A matches the best offer (i.e., if the $20.00 buy at $20.00 with discretion up to displayed Discretionary Order that may price is marketable), the DO would first $20.04 was on the book, a new offer at be executed at a price in its execute against Quotes/Orders and $20.03 would be immediately executed discretionary price range will execute reserve size at that price. If the $20.00 against by the resting DO. If the new against Non-Directed Orders and price is not marketable, or if size quote/order is entered by an NNMS Quotes/Orders entered by NNMS available at that price is exhausted, the Order-Delivery ECN, however, Participants in the automatic execution DO would next execute against Quotes/ SuperMontage will instead deliver an functionality of the NNMS, and will be Orders (including DOs at their order to the ECN for its acceptance.10 delivered to Non-Directed Orders and displayed prices) and reserve size at It should be noted that when Quotes/Orders entered by NNMS Order- successively higher prices, up to $20.05, SuperMontage matches an incoming Delivery ECNs. and then interact with displayed DOs Non-Directed Order or Quote/Order For purposes of determining with overlapping discretionary price against a price in the discretionary price execution priority, the price priority of ranges. If the incoming DO is not filled range of a DO submitted by an NNMS a displayed Discretionary Order will be through this process, it would be Order-Delivery ECN residing in the based on its displayed price when it displayed on the book at $20.00 along SuperMontage book, the resting DO may be executed at its displayed price. with other quotes/orders at that price. would: (i) Automatically execute if the When displayed Discretionary Orders DOs on the book would interact with incoming order has been entered by an may be executed at prices within their incoming orders in the following NNMS automatic execution participant, discretionary price ranges, their price manner. Market orders would execute or (ii) be delivered if the incoming order priority vis-a` -vis one another will be against or be delivered to a DO’s has been entered by an NNMS Order- based on their most aggressive displayed price if it is at the inside Delivery ECN. This is the case because discretionary prices, and their price market, with the DO’s discretionary the participant entering the incoming priority vis-a` -vis Quotes/Orders that are price range not taken into consideration. order would have no awareness of the not Discretionary Orders will be based Incoming limit orders and DOs that are upon the price at which they are marketable against the best bid/best 7 See Amendment No. 3, supra note 5. executable. offer would likewise execute against or 8 See Amendment No. 1, supra note 3. (C)–(D) No change. be delivered to a DO with a displayed 9 See Amendment No. 3, supra note 5. (2)–(8) No change. price at the inside market. Incoming 10 Id.

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discretionary price range reflected in the DOs may not be preferenced or express potential trading interest at resting DO, and would therefore expect directed to another market participant. multiple price levels. Nasdaq notes that its order to be displayed and provide In conformity with NASD Rule the Commission has found a similar liquidity, rather than to execute. By 4706(a)(1)(C), the system will not allow order offered by at least one other contrast, the participant entering the a DO to sell short to be executed if its market center to be consistent with the resting DO has, by that fact, expressed execution would violate the short sale Act.16 rule. DOs entered by a market maker a willingness to buy (sell) at prices B. Self-Regulatory Organization’s with an anti-internalization qualifier higher (lower) than its displayed price, Statement on Burden on Competition but not a willingness to make its value of ‘‘Y’’ (i.e., that may not be potential interest at other price levels internalized) will be cancelled if the Nasdaq does not believe that the known to other market participants. only available trading interest is a bid/ proposed rule change will result in any Accordingly, Nasdaq believes that it is offer entered automatically by the burden on competition that is not more in keeping with the parties’ system under NASD Rule 4710(b)(5) necessary or appropriate in furtherance expectations, and therefore fairer, to after the market maker’s quote has been of the purposes of the Act, as amended. 12 base the determination of whether the closed. C. Self-Regulatory Organization’s interacting orders should be delivered Market participants may peg the Statement on Comments on the or automatically executed on the status displayed price of a DO in a manner 13 Proposed Rule Change Received From of the party entering the incoming order, similar to that of a pegged order. Thus, Members, Participants, or Others rather than the status of the party that a market participant can elect to enter Written comments were neither originally entered the DO. When an a pegged-discretionary order that has its solicited nor received. incoming order is matched against a displayed price pegged to equal the resting DO entered by an Order-Delivery Nasdaq inside on the same side of the III. Date of Effectiveness of the ECN at the displayed price of the resting market as the DO. The discretionary Proposed Rule Change and Timing for DO, however, the incoming order would price range of the DO would, in turn, Commission Action be delivered to the Order-Delivery ECN. move along with the displayed pegged price. As with a regular pegged order, Within 35 days of the date of DOs may only be entered as DAY publication of this notice in the Federal orders (reflecting Nasdaq’s expectation the market participant entering the order can specify a price cap, so that the Register or within such longer period (i) that market participants would not as the Commission may designate up to generally seek to reflect discretionary displayed price of the order will become permanently fixed if the Nasdaq inside 90 days of such date if it finds such trading interest at multiple price points equals the price cap. A DO cannot be longer period to be appropriate and on an inter-day basis). DOs may be designated as a reverse pegged order, publishes its reasons for so finding, or entered (but not displayed or executed) however, since its discretionary price (ii) as to which the NASD consents, the prior to market open. Accordingly, DOs range would then lock or cross the price Commission will: entered before market open that do not (A) By order approve such proposed to which the order would be pegged. If lock or cross other Quotes/Orders will rule change; or Nasdaq suspends the entry of pegged be available for interaction with other (B) Institute proceedings to determine orders during a period when they are orders at 9:30 a.m. DOs that would lock whether the proposed rule change negatively impacting system capacity or cross another Quote/Order if they should be disapproved. and performance, as permitted by NASD were displayed will be held in a time- Rule 4706(a)(1)(B), the suspension IV. Solicitation of Comments priority queue (along with IOC orders) would apply to pegged-discretionary Interested persons are invited to and processed by the NNMS at 9:30 a.m. orders as well. Since a market participant entering a submit written data, views, and DO would prefer the order to execute at 2. Statutory Basis arguments concerning the foregoing, including whether the proposed rule its displayed price (but is also willing to Nasdaq believes that the proposed accept executions within its change, as amended, is consistent with rule change is consistent with the the Act. Persons making written discretionary price range), Nasdaq provisions of section 15A of the Act,14 believes it is appropriate to prevent submissions should file six copies in general, and with section 15A(b)(6) of thereof with the Secretary, Securities executions of DOs prior to 9:30 a.m., the Act,15 in particular, in that it is since the comparatively scattered nature and Exchange Commission, 450 Fifth designed to promote just and equitable Street, NW., Washington, DC 20549– of trading before the market open makes principles of trade, to foster cooperation it more likely that the DO would 0609. Comments may also be submitted and coordination with persons engaged electronically at the following e-mail execute at a discretionary price. This is in regulating, clearing, settling, particularly the case during the address: [email protected]. All processing information with respect to, comment letters should refer to File No. ‘‘opening spin’’ described in NASD Rule and facilitating transactions in 4710(b)(3)(B), where DOs would have a SR–NASD–2003–165. This file number securities, to remove impediments to should be included on the subject line marked tendency to execute at prices and perfect the mechanism of a free and if e-mail is used. To help us process and away from their displayed price. For open market and a national market review comments more efficiently, example, if a DO to buy at 10 with a system, and, in general, to protect comments should be sent in hardcopy discretionary price range of up to 10.05 investors and the public interest. or by e-mail but not by both methods. was processed through the opening Nasdaq believes the proposed rule Copies of the submission, all subsequent spin, and was entered in time after a change would provide market amendments, all written statements Quote/Order to sell with a price of participants with a voluntary tool to 10.02, the DO could execute at 10.05, with respect to the proposed rule change that are filed with the since Quotes/Orders in the opening spin 12 Id. are executed at the price of the more 13 See Securities Exchange Act Release No. 48798 Commission, and all written recent Quote/Order.11 (November 17, 2003) (Notice of Filing and Immediate Effectiveness of SR–NASD–2003–150). 16 See Securities Exchange Act Release No. 44983 14 15 U.S.C. 78o–3. (October 25, 2001), 66 FR 55225 (November 1, 2001) 11 Id. 15 15 U.S.C. 78o–3(b)(6). (SR–PCX–00–25).

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communications relating to the SECURITIES AND EXCHANGE administration of the self-regulatory proposed rule change between the COMMISSION organization, which renders the proposed rule change effective Commission and any person, other than [Release No. 34–48864; File No. SR–NASD– those that may be withheld from the 2003–169] immediately upon filing. The public in accordance with the Commission is publishing this notice to provisions of 5 U.S.C. 552, will be Self-Regulatory Organizations; Notice solicit comments on the proposed rule available for inspection and copying in of Filing and Immediate Effectiveness change from interested persons. the Commission’s Public Reference of Proposed Rule Change by the I. Self-Regulatory Organization’s Room. Copies of such filings will also be National Association of Securities Statement of the Terms of Substance of available for inspection and copying at Dealers, Inc. To Remove Pricing for the Proposed Rule Change the principal office of the Association. Tools and Tools Plus Products Nasdaq is proposing to remove All submissions should refer to File No. December 2, 2003. pricing for the Tools and Tools Plus SR–NASD–2003–165 and should be Pursuant to section 19(b)(1) of the products formerly supported by Nasdaq. submitted by December 30, 2003. Securities Exchange Act of 1934 Nasdaq will implement the proposed For the Commission, by the Division of (‘‘Act’’),1 and Rule 19b–4 2 thereunder, rule change immediately. Market Regulation, pursuant to delegated notice is hereby given that on November The text of the proposed rule change authority.17 24, 2003, the National Association of is below. Proposed new language is in Jill M. Peterson, Securities Dealers, Inc. (‘‘NASD’’), italics; proposed deletions are in through its subsidiary, The Nasdaq [brackets]. Assistant Secretary. Stock Market, Inc. (‘‘Nasdaq’’), filed * * * * * [FR Doc. 03–30500 Filed 12–8–03; 8:45 am] with the Securities and Exchange BILLING CODE 8010–01–P Commission (‘‘Commission’’) the 7000. Charges for Services and proposed rule change as described in Equipment Items I, II, and III below, which Items 7050. Other Services have been prepared by Nasdaq. Pursuant to section 19(b)(3)(A)(iii) of the (a)–(d) No change. Act 3 and Rule 19b–4(f)(3) thereunder,4 [(e) Software Products] Nasdaq has designated this proposal as [(1) The following fees shall be paid one concerned solely with the by customers of Tools TM:]

[(A) Fee Charge] ...... [Price] [Minimum fee per market participant (includes coverage of up to 49 [$1,000/month] stocks on an unlimited number of Nasdaq Workstation II terminals lo- cated at a single office)]. [Coverage of each additional block of 25 or fewer stocks] ...... [$500/month] [Each additional office equipped with Tools] ...... [$1,000/month] [Aggregate maximum fee per market participant] ...... [$15,000/month]

[B) Customers who also subscribe to following reduction on fees incurred Tools PlusSM services shall receive the pursuant to subsection (1)(A):]

[Number of Tools Plus Terminals] ...... [Discount] [Five or fewer Tools Plus terminals] ...... [50%] [Between six and 15 Tools Plus terminals] ...... [75%] [Greater than 15 Tools Plus terminals] ...... [100%]

[(2) The following deposits and fees subscriber’s aggregate monthly Terminal refunded to the customer upon shall be paid by all customers of Tools Charge (as defined below), calculated termination of its subscription to Tools Plus:] based on the number of terminals Plus after deducting any outstanding [(A) Each customer shall pay a deposit ordered by the subscriber upon balances owed Nasdaq.] at the time it initially subscribes to subscribing to Tools Plus (the [(B) Terminal Charge] Tools Plus equal to two times the ‘‘Deposit’’). The Deposit shall be

[Fee Charge] ...... [Price] [Terminal Charge per full functionality terminal equipped with Tools Plus] [(More than 30 terminals if customer signs two-year contract)] ...... [$500/terminal/month] [(All other situations)] ...... [$750/terminal/month] [Terminal Charge per correspondent/ floor broker terminal equipped with [$350/terminal/month] Tools Plus]. [Minimum Terminal Charge] ...... [$2,000/month] [(C) Fee Charge] ...... [Price]

17 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(3). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii).

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[Connection Charge to Nasdaq Computer-to-Computer Interface (CTCI)] .... [$265/month] [Connection Charge to Nasdaq Service Delivery Platform (SDP) (charged [$250/month] to subscribers who handle customer orders)]. [Installation Fee] [1] [(one-time charge for Tools Plus and includes up to 15 terminals)] ...... [$16,000] [(each additional set of up to 15 terminals)] ...... [$13,000] [Port Charges (one-time charge per line)] ...... [$1,250] [(one-time aggregate charge for two lines)] ...... [$2,500] [Training Fee on-site at customer] ...... [$400/day (plus travel expenses)] [Training Fee for course at Nasdaq Tools] ...... [$150/course] [Electronic communication network (ECN) maintenance charge (charged [$250/per ECN/month] to subscribers who route orders to ECN)]. [1] [Installation Fee includes two hours of on-site training of customer personnel and all programming costs associated with one cus- tomized interface for the customer to access its clearing firm.]

[Market data redistribution charges, data provider, are passed through to on interfaces for customers of Nasdaq which are set by the relevant market Tools Plus subscribers at cost.] Tools Plus shall be billed according to [(D) Labor rates for programming the following rates:] customized interfaces and maintenance

[Calendar Year 2002] ...... [Calendar Year 2003 and thereafter] [Senior Programmer $175/hour] ...... [$200/hour] [Programmer $125/hour] ...... [$150/hour] [Junior Programmer $100/hour] ...... [$125/hour] [Project Management $150/hour] ...... [$175/hour] [Network Engineer $125/hour] ...... [$150/hour] [Operations Support $100/hour] ...... [$125/hour]

* * * * * provisions of section 15A of the Act.5 the protection of investors, or otherwise The proposed rule change merely in furtherance of the purposes of the II. Self-Regulatory Organization’s eliminates fees for product lines that are Act. Statement of the Purpose of, and no longer supported by Nasdaq. Statutory Basis for, the Proposed Rule IV. Solicitation of Comments Change B. Self-Regulatory Organization’s Interested persons are invited to In its filing with the Commission, Statement on Burden on Competition submit written data, views, and Nasdaq included statements concerning Nasdaq does not believe that the arguments concerning the foregoing, the purpose of and basis for the proposed rule change will result in any including whether the proposed rule proposed rule change and discussed any burden on competition that is not change is consistent with the Act. comments it received on the proposed necessary or appropriate in furtherance Persons making written submissions rule change. The text of these statements of the purposes of the Act. should file six copies thereof with the may be examined at the places specified C. Self-Regulatory Organization’s Secretary, Securities and Exchange in Item IV below. Nasdaq has prepared Statement on Comments on the Commission, 450 Fifth Street, NW., summaries, set forth in Sections A, B, Proposed Rule Change Received From Washington, DC 20549–0609. and C below, of the most significant Members, Participants or Others Comments may also be submitted aspects of such statements. electronically at the following e-mail Written comments were neither address: [email protected]. All A. Self-Regulatory Organization’s solicited nor received. Statement of the Purpose of, and comment letters should refer to File No. Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the SR–NASD–2003–169. This file number Change Proposed Rule Change and Timing for should be included on the subject line Commission Action if e-mail is used. To help us process and 1. Purpose The foregoing rule change has become review comments more efficiently, Nasdaq has discontinued support for effective pursuant to section comments should be sent in hardcopy the Tools and Tools Plus software 19(b)(3)(A)(iii) of the Act 6 and Rule or by e-mail but not by both methods. product lines, effective November 14, 19b–4(f)(3) thereunder, because Nasdaq Copies of the submission, all written 2003 and November 11, 2003, has designated the proposal as statements with respect to the proposed respectively. Users of these products concerned solely with the rule change that are filed with the were informed in the second quarter of administration of the exchange.7 At any Commission, and all written 2003 of Nasdaq’s intention to time within 60 days of the filing of such communications relating to the discontinue support of the products in proposed rule change, the Commission proposed rule change between the the fourth quarter of 2003. Accordingly, may summarily abrogate such rule Commission and any person, other than Nasdaq is removing the prices for these change if it appears to the Commission those that may be withheld from the product lines from the fee schedule in that such action is necessary or public in accordance with the the NASD Manual. appropriate in the public interest, for provisions of 5 U.S.C. 552, will be available for inspection and copying in 2. Statutory Basis 5 15 U.S.C. 78o–3. the Commission’s Public Reference Nasdaq believes that the proposed 6 15 U.S.C. 78s(b)(3)(A)(iii). Room. Copies of such filing will also be rule change is consistent with the 7 17 CFR 240.19b–4(f)(3). available for inspection and copying at

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the principal office of the NASD. All I. Self-Regulatory Organization’s the proposed rule change and discussed submissions should refer to File No. Statement of the Terms of Substance of any comments it received on the SR–NASD–2003–169 and should be the Proposed Rule Change proposed rule change. The text of these submitted by December 30, 2003. The Exchange proposes to extend the statements may be examined at the places specified in Item IV below. The For the Commission, by the Division of termination date of a pilot that amended Exchange Rule 12.6, ‘‘Customer Exchange has prepared summaries, set Market Regulation, pursuant to delegated forth in sections A, B, and C below, of authority.8 Priority,’’ to add Interpretation .02. Interpretation .02 requires an the most significant aspects of such Jill M. Peterson, Exchange Designated Dealer statements. Assistant Secretary. (‘‘Specialist’’) to better the price of a A. Self-Regulatory Organization’s [FR Doc. 03–30503 Filed 12–8–03; 8:45 am] customer limit order that is held by that Statement of the Purpose of, and BILLING CODE 8010–01–P Specialist if that Specialist determines Statutory Basis for, the Proposed Rule to trade with an incoming market or Change marketable limit order.7 Under the pilot SECURITIES AND EXCHANGE rule, the Specialist is required to better 1. Purpose COMMISSION a customer limit order at the national The Exchange proposes to extend its best bid or offer (‘‘NBBO’’) by at least pilot program, under Exchange Rule [Release No. 34–48869; File No. SR–CSE– one penny and at a price outside the 12.6,9 which relates to the trading of 2003–16] current NBBO by at least the nearest securities in subpenny increments.10 penny increment. Through this Under the pilot, Interpretation .02 of Self-Regulatory Organizations; Notice proposal, the Exchange is seeking only Exchange Rule 12.6 requires a Specialist of Filing and Immediate Effectiveness to extend the existing pilot, and the to better the price of a customer limit of Proposed Rule Change by National exemption letters associated therewith,8 order held by the Specialist by at least Stock Exchange To Extend a Pilot through June 30, 2004. The Exchange one penny (for those customer limit Amending Exchange Rule 12.6, proposes no other substantive changes orders at the NBBO) or at least the Customer Priority, To Require to the pilot. The text of the proposed nearest penny increment (for those Designated Dealers To Better rule change is available at the Exchange customer limit orders that are not at the Customer Orders at the National Best and at the Commission. NBBO) if the Specialist determines to trade with an incoming market or Bid or Offer by Whole Penny II. Self-Regulatory Organization’s 11 Increments Statement of the Purpose of, and marketable limit order. The purpose of the Interpretation is to Statutory Basis for, the Proposed Rule prevent a Specialist from taking unfair December 3, 2003. Change advantage of customer limit orders held Pursuant to section 19(b)(1) of the In its filing with the Commission, the by that Specialist by trading ahead of Securities Exchange Act of 1934 Exchange included statements such orders with incoming market or (‘‘Act’’),1 and Rule 19b–4 thereunder,2 concerning the purpose of and basis for notice is hereby given that on November 9 Exchange Rule 12.6 provides, in pertinent part, 28, 2003, National Stock Exchange 7 See Securities Exchange Act Release Nos. 46274 that no member shall (i) personally buy or initiate (‘‘Exchange’’) 3 filed with the Securities (July 29, 2002), 67 FR 50743 (August 5, 2002) (SR– the purchase of any security traded on the Exchange CSE–2001–06)(‘‘Pilot’’); 46554 (September 25, for its own account or for any account in which it and Exchange Commission 2002), 67 FR 6276 (October 4, 2002)(SR–CSE–2002– or any associated person of the member is directly (‘‘Commission’’) the proposed rule 12)(‘‘Pilot Extension’’); 46929 (November 27, 2002), or indirectly interested while such member holds change as described in Items I and II 67 FR 72711 (December 6, 2002)(SR–CSE–2002– or has knowledge that any person associated with 17)(‘‘Second Extension’’); and 47941 (May 29, it holds an unexecuted market or limit price order below, which Items have been prepared 2003), 68 FR 33751 (June 5, 2003)(SR–CSE–2003– to buy such security in the unit of trading for a by the Exchange. The Exchange filed 05)(‘‘Third Exemption’’). customer, or (ii) sell or initiate the sale of any such this proposal pursuant to section 8 See letter from Robert L.D. Colby (‘‘Colby’’), security for any such account while it personally 4 Deputy Director (‘‘DD’’), Division of Market holds or has knowledge that any person associated 19(b)(3)(A) of the Act and Rule 19b– with it holds an unexecuted market or limit price 5 Regulation (‘‘Division’’), Commission, to Jeffrey T. 4(f)(6) thereunder, which renders the Brown (‘‘Brown’’), Senior Vice President (‘‘SVP’’) order to sell such security in the unit of trading for proposal effective upon filing with the and General Counsel (‘‘GC’’), the Exchange, (July a customer. Commission.6 The Commission is 26, 2002) (‘‘Initial Exemption Letter’’) in response 10 In conjunction with the proposed rule change, to letter from Brown, SVP and GC, Exchange, to the Exchange has requested that the Commission publishing this notice to solicit Annette Nazareth (‘‘Nazareth’’), Director, Division, again extend the Amended Exemption Request comments on the proposed rule change Commission (November 27, 2001)(‘‘Initial pursuant to Rules 11Ac1–1(e) (17 CFR 240.11Ac1– from interested persons. Exemptive Request’’); letter from Colby, DD, 1(e)), 11Ac1–2(g) (17 CFR 240.11Ac1–2(g)) and Division, Commission, to Brown, SVP and GC, 11Ac1–4(d) (17 CFR 240.11Ac1–4(d)) of the Act to Exchange (September 25, 2002) (amending and allow subpenny quotations to be rounded down 8 17 CFR 200.30–3(a)(12). extending Initial Exemption Letter)(‘‘Amended (buy orders) and rounded up (sell orders) to the 1 15 U.S.C. 78s(b)(1). Exemption Letter’’) in response to letter from nearest penny for quote dissemination for Nasdaq 2 17 CFR 240.19b–4. Brown, SVP and GC, Exchange, to Nazareth, and listed securities. See letter from Jennifer M. 3 The Exchange was formerly known as The Director, Division, Commission (September 18, Lamie (‘‘Lamie’’), Assistant General Counsel Cincinnati Stock Exchange. See Securities Exchange 2002)(‘‘Amended Exemption Request’’); letter from (‘‘AGC’’) and Secretary, to Nazareth, Director, Division, Commission (November 21, 2003) Act Release No. 48774 (November 12, 2003), 68 FR Alden S. Adkins, Associate Director, Division, (‘‘Fourth Exemptive Request’’). Concurrent with the 65332 (November 19, 2003) (SR–CSE–2003–12). Commission, to Brown, SVP and GC, Exchange (November 27, 2002)(‘‘Second Exemption Extension instant rule proposal, the Commission has granted 4 15 U.S.C. 78s(b)(3)(A). Letter’’) in response to letter from Brown, SVP and the Fourth Exemptive Request. See letter from 5 17 CFR 240.19b–4(f)(6). GC, Exchange, to Nazareth, Director, Division, Colby, DD, Division, Commission, to Lamie, AGC 6 The Exchange gave the Commission written Commission (November 20, 2002)(‘‘Second and Secretary, CSE (December 1, 2003)(‘‘Fourth notice of its intention to file the proposed rule Exemption Request’’); and letter from Colby, DD, Exemption Letter’’). change on November 24, 2003. The Commission Division, Commission, to Brown, SVP and GC, 11 Interpretation .01 to Exchange Rule 12.6 reviewed the Exchange’s submission, and asked the Exchange, (May 29, 2003)(‘‘Third Exemption provides that ‘‘[i]f a Designated Dealer holds for Exchange to file the instant proposed rule change Extension Letter’’) in response to letter from Brown, execution on the Exchange a customer buy order pursuant to Rule 19b–4(f)(6) under the Act. The SVP and GC, Exchange, to Nazareth, Director, and a customer sell order that can be crossed, the Exchange asked the Commission to waive the 30- Division, Commission (May 19, 2003)(‘‘Third Designated Dealer shall cross them without day operative delay. 17 CFR 240.19b–4(f)(6). Exemption Request’’). interpositioning itself as a dealer.’’

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marketable limit orders. the Commission may summarily For the Commission by the Division of Notwithstanding the fact that a abrogate such rule change if it appears Market Regulation, pursuant to delegated 17 Specialist may price-improve incoming to the Commission that such action is authority. orders by providing prices superior to necessary or appropriate in the public Jill M. Peterson, that of customer limit orders it holds, interest, for the protection of investors, Assistant Secretary. customers should have a reasonable or otherwise in furtherance of the [FR Doc. 03–30502 Filed 12–8–03; 8:45 am] expectation to have their orders filled at purposes of the Act. BILLING CODE 8010–01–P their limit order prices. This expectation should be reflected in reasonable access The Exchange has requested that the Commission waive the 30-day operative to incoming contra-side order flow, SMALL BUSINESS ADMINISTRATION unless other customers place better- delay. The Commission believes that priced limit orders with the Specialist such waiver is consistent with the Declaration of Disaster #3559, Amdt. 2] protection of investors and the public or the Specialist materially improves Commonwealth of Puerto Rico upon the customer limit order prices interest, for it will allow the pilot to (not the customers’ quoted prices) it continue without interruption. For these In accordance with notices received holds. reasons, the Commission designates the from the Department of Homeland proposal to be effective and operative Security—Federal Emergency 2. Statutory Basis upon filing with the Commission.16 Management Agency, effective The Exchange believes that the November 23 and December 2, 2003, the IV. Solicitation of Comments proposed rule change is consistent with above numbered declaration is hereby the provisions of section 6(b) of the Interested persons are invited to amended to establish the incident 12 Act, in general, and section 6(b)(5) of submit written data, views and period for this disaster as beginning on 13 the Act, in particular, which requires, arguments concerning the foregoing, November 10, 2003, and continuing among other things, that the rules of an including whether the proposed rule through November 23, 2003. This exchange be designed to promote just change is consistent with the Act. declaration is also amended to include and equitable principles of trade, to Persons making written submissions the municipalities of Cabo Rojo, Lajas remove impediments to and perfect the and Luquillo as disaster areas due to should file six copies thereof with the mechanism of a free and open market damages caused by severe storms, Secretary, Securities and Exchange and a national market system, and, in flooding, mudslides and landslides Commission, 450 Fifth Street, NW., general, to protect investors and the occurring on November 10, 2003, and public interest. Washington, DC 20549–0609. continuing through November 23, 2003. Comments may also be submitted In addition, applications for economic B. Self-Regulatory Organization’s electronically at the following e-mail Statement on Burden on Competition injury loans from small businesses address: [email protected]. All located in the contiguous municipalities The Exchange does not believe that comment letters should refer to File No. Hormigueros, Mayaguez, and San the proposed rule change will impose SR–CSE–2003–16. This file number German may be filed until the specified any inappropriate burden on should be included on the subject line date at the previously designated competition. if e-mail is used. To help us process and location. All other municipalities C. Self-Regulatory Organization’s review comments more efficiently, contiguous to the above named primary Statement on Comments on the comments should be sent in hardcopy municipalities have been previously Proposed Rule Change Received From or by e-mail but not by both methods. declared. Members, Participants or Others Copies of the submission, all subsequent All other information remains the amendments, all written statements same, i.e., the deadline for filing The Exchange has neither solicited with respect to the proposed rule applications for physical damage is nor received written comments on the change that are filed with the January 20, 2004, and for economic proposed rule change. Commission, and all written injury the deadline is August 23, 2004. III. Date of Effectiveness of the communications relating to the (Catalog of Federal Domestic Assistance Proposed Rule Change and Timing for proposed rule change between the Program Nos. 59002 and 59008.) Commission Action Commission and any person, other than Dated: December 3, 2003. Because the foregoing proposed rule those that may be withheld from the Herbert L. Mitchell, change does not: public in accordance with the Associate Administrator for Disaster (i) Significantly affect the protection provisions of 5 U.S.C. 552, will be Assistance. of investors or the public interest; available for inspection and copying in [FR Doc. 03–30430 Filed 12–8–03; 8:45 am] (ii) Impose any significant burden on the Commission’s Public Reference BILLING CODE 8025–01–P competition; and Room. Copies of such filing will also be (iii) Become operative for 30 days available for inspection and copying at from the date on which it was filed, or the principal office of the Exchange. All SMALL BUSINESS ADMINISTRATION such shorter time as the Commission submissions should refer to file number [Declaration of Disaster #3558, Amdt. 3] may designate, it has become effective SR–CSE–2003–16 and should be pursuant to section 19(b)(3)(A) of the submitted by December 30, 2003. State of West Virginia Act 14 and Rule 19b–4(f)(6) 15 thereunder. At any time within 60 days In accordance with a notice received of the filing of the proposed rule change, from the Department of Homeland Security—Federal Emergency 16 For purposes only of accelerating the operative 12 15 U.S.C. 78f(b). date of the proposed rule change, the Commission Management Agency, effective 13 15 U.S.C. 78f(b)(5). has considered the proposed rule’s impact on November 30, 2003, the above 14 15 U.S.C. 78s(b)(3)(A). efficiency, competition, and capital formation. 15 15 17 CFR 240.19b–4(f)(6). U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12).

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numbered declaration is hereby DEPARTMENT OF STATE legal status of any petition or its final amended to establish the incident disposition. [Public Notice # 4528] period for this disaster as beginning on DATES: Comments on petitions received November 11, 2003, and continuing Notice of Meeting; United States must identify the petition docket through November 30, 2003. International Telecommunication number involved and must be received All other information remains the Advisory Committee; Preparations for on or before December 29, 2003. same, i.e., the deadline for filing ITU–T Study Group 16 ADDRESSES: Send comments on the applications for physical damage is January 6, 2004. petition to the Docket Management January 20, 2004, and for economic The Department of State announces a System, U.S. Department of injury the deadline is August 23, 2004. meeting of the U.S. International Transportation, Room Plaza 401, 400 (Catalog of Federal Domestic Assistance Telecommunication Advisory Seventh Street, SW., Washington, DC Program Nos. 59002 and 59008.) Committee (ITAC). The purpose of the 20590–0001. You must identify the Dated: December 3, 2003. Committee is to advise the Department docket number FAA–2003–16288 at the Herbert L. Mitchell, on policy, technical and operational beginning of your comments. If you Associate Administrator for Disaster issues with respect to international wish to receive confirmation that the Assistance. telecommunications standardization FAA received your comments, include a [FR Doc. 03–30429 Filed 12–8–03; 8:45 am] bodies such as the International self-addressed, stamped postcard. Telecommunication Union (ITU). BILLING CODE 8025–01–P You may also submit comments The ITAC will meet on January 6, through the Internet to http:// 2004 to prepare for an ITU dms.dot.gov. You may review the public SMALL BUSINESS ADMINISTRATION Telecommunication Standardization docket containing the petition, any Study Group 16 meeting to be held in comments received, and any final Geneva from January 20–30, 2004. The [Declaration of Disaster #3558, Amdt. 2] disposition in person in the Dockets meeting will be held at the offices of Office between 9 a.m. and 5 p.m., Communication Technologies, 14151 State of West Virginia Monday through Friday, except Federal Newbrook Dr., Chantilly, Virginia. The holidays. The Dockets Office (telephone time of the meeting will be announced In accordance with a notice received 1–800–647–5527) is on the plaza level on the e-mail reflector (list server) from the Department of Homeland of the NASSIF Building at the [email protected]. Department of Transportation at the Security—Federal Emergency People may join this reflector by Management Agency, effective above address. Also, you may review sending a message saying they wish to public dockets on the Internet at December 1, 2003, the above numbered join the list to [email protected]. declaration is hereby amended to http://dms.dot.gov. Dated: November 21, 2003. include Harrison County as a disaster FOR FURTHER INFORMATION CONTACT: Jan area due to damages caused by severe James Ennis, Thor (425–227–2127), Transport storms, flooding and landslides Director, Advanced Network Technologies, Airplane Directorate (ANM–113), occurring on November 11, 2003, and Department of State. Federal Aviation Administration, 1601 continuing. [FR Doc. 03–30276 Filed 12–8–03; 8:45 am] Lind Ave SW., Renton, WA 98055– BILLING CODE 4710–45–P In addition, applications for economic 4056; or Caren Centorelli (202–267– 8199), Office of Rulemaking (ARM–1), injury loans from small businesses Federal Aviation Administration, 800 located in the contiguous county of DEPARTMENT OF TRANSPORTATION Independence Avenue, SW., Barbour in the State of West Virginia Washington, DC 20591. may be filed until the specified date at Federal Aviation Administration the previously designated location. All This notice is published pursuant to [Summary Notice No. PE–2003–71] other counties contiguous to the above 14 CFR 11.85 and 11.91. named primary county have been Petitions for Exemption; Summary of Issued in Washington, DC, on December 3, previously declared. Petitions Received 2003. Gary A. Michel, All other information remains the AGENCY: Federal Aviation same, i.e., the deadline for filing Acting Assistant Chief Counsel for Administration (FAA), DOT. Regulations. applications for physical damage is ACTION: Notice of petition for exemption January 20, 2004, and for economic Petitions for Exemption received. injury the deadline is August 23, 2004. Docket No.: FAA–2003–16288. SUMMARY: Pursuant to FAA’s rulemaking (Catalog of Federal Domestic Assistance Petitioner: Precision Conversions provisions governing the application, Program Nos. 59002 and 59008.) LLC. Dated: December 2, 2003. processing, and disposition of petitions for exemption, part 11 of Title 14, Code Section of 14 CFR Affected: 14 CFR Herbert L. Mitchell, of Federal Regulations (14 CFR), this 25.783(h), 25.807(g)(1), 25.807(i)(1), Associate Administrator for Disaster notice contains a summary of a certain 25.810(a)(1), 25.812(e), 25.812(h), Assistance. petition seeking relief from specified 25.813(b), 25.857(e), 25.1445(a)(2), and [FR Doc. 03–30431 Filed 12–8–03; 8:45 am] requirements of 14 CFR. The purpose of 25.1447(c)(1). BILLING CODE 8025–01–P this notice is to improve the public’s Description of Relief Sought: To awareness of, and participation in, this permit relief from the requirements of aspect of FAA’s regulatory activities. these regulations to allow carriage of Neither publication of this notice nor four non-crewmembers (commonly the inclusion or omission of information referred to as supernumeraries) on in the summary is intended to affect the Boeing Model 757–200 airplanes which

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have been converted from a passenger to 113), Federal Aviation Administration, This notice is published pursuant to freighter configuration. 1601 Lind Ave SW., Renton, WA 14 CFR 11.85 and 11.91. [FR Doc. 03–30451 Filed 12–8–03; 8:45 am] 98055–4056; or Caren Centorelli (202– Issued in Washington, DC, on December 3, 267–8199), Office of Rulemaking (ARM– BILLING CODE 4910–13–P 2003. 1), Federal Aviation Administration, Gary A. Michel, 800 Independence Avenue, SW., Acting Assistant Chief Counsel for DEPARTMENT OF TRANSPORTATION Washington, DC 20591. Regulations. This notice is published pursuant to Federal Aviation Administration 14 CFR 11.85 and 11.91. Dispositions of Petitions Issued in Washington, DC, on December 3, [Summary Notice No. 2003–70] Docket No.: FAA–2003–16037. 2003. Petitioner: Custom Air Transport. Petitions for Exemption; Summary of Gary A. Michel, Section of 14 CFR Affected: 14 CFR Petitions Received Acting Assistant Chief Counsel for 25.855(a), 25.857(e) and 25.1447(c)(1). Regulations. Description of Relief Sought/ AGENCY: Federal Aviation Petitions for Exemption Disposition: To permit type certification Administration (FAA), DOT. of the Boeing 727–200 passenger-to- ACTION: Notice of petition for exemption Docket No.: FAA–2003–14299. freight converted airplanes with received. Petitioner: Structural Integrity provisions for the carriage of Engineering. supernumeraries. SUMMARY: Pursuant to FAA’s rulemaking Section of 14 CFR Affected: 14 CFR Grant, 11/03/2003, Exemption No. provisions governing the application, 25.812 (e) and (h); 25.813(b); 25.857(e); 8164. processing, and disposition of petitions 25.1447 (c) (1); and 25.1449. for exemption, part 11 of Title 14, Code Description of Relief Sought: Docket No.: FAA–2003–15565. of Federal Regulations (14 CFR), this Exemption to provide relief from the Petitioner: Israel Aircraft Industries, notice contains a summary of a certain requirements of certain sections of 14 Ltd. petition seeking relief from specified CFR part 25 to allow carriage of non- Section of 14 CFR Affected: 14 CFR requirements of 14 CFR. The purpose of crewmembers in a compartment behind 25.783(h), 25.807(g)(1), 25.810(a)(1), this notice is to improve the public’s the flight deck on Boeing Model 757– 25.813(b)(3) and 25.857(e). awareness of, and participation in, this 200 airplanes which have been Description of Relief Sought/ aspect of FAA’s regulatory activities. converted from a passenger to freighter Disposition: To permit certification of Neither publication of this notice nor configuration. Boeing Model 737–300 airplanes which the inclusion or omission of information have been converted from a passenger to [FR Doc. 03–30452 Filed 12–8–03; 8:45 am] a freighter configuration with provisions in the summary is intended to affect the BILLING CODE 4910–13–P legal status of any petition or its final for the carriage of supernumeraries. disposition. Grant, 11/17/2003, Exemption No. 8174. DATES: Comments on petitions received DEPARTMENT OF TRANSPORTATION must identify the petition docket [FR Doc. 03–30453 Filed 12–8–03; 8:45 am] Federal Aviation Administration number involved and must be received BILLING CODE 4910–13–M on or before December 29, 2003. [Summary Notice No. PE–2003–69] ADDRESSES: Send comments on the DEPARTMENT OF TRANSPORTATION petition to the Docket Management Petitions for Exemption; Dispositions of Petitions Issued System, U.S. Department of Federal Aviation Administration Transportation, Room Plaza 401, 400 AGENCY: Federal Aviation Seventh Street, SW., Washington, DC Administration (FAA), DOT. Notice of Intent To Rule on Application 20590–0001. You must identify the ACTION: Notice of dispositions of prior 04–04–C–00–DUJ To Impose and Use docket number FAA–2003–14299 at the petitions. the Revenue From a Passenger Facility beginning of your comments. If you Charge (PFC) at Dubois-Jefferson wish to receive confirmation that the SUMMARY: Pursuant to FAA’s rulemaking County Airport, Falls Creek, PA FAA received your comments, include a provisions governing the application, self-addressed, stamped postcard. processing and disposition of petitions AGENCY: Federal Aviation You may also submit comments for exemption part 11 of title 14, Code Administration (FAA), DOT. through the Internet to http:// of Federal Regulations (14 CFR), this ACTION: Notice of intent to rule on dms.dot.gov. You may review the public notice contains the disposition of application. docket containing the petition, any certain petitions previously received. comments received, and any final The purpose of this notice is to improve SUMMARY: The FAA proposes to rule and disposition in person in the Dockets the public’s awareness of, and invites public comment on the Office between 9 a.m. and 5 p.m., participation in, this aspect of FAA’s application to impose and use the Monday through Friday, except Federal regulatory activities. Neither publication revenue from a PFC at Dubois-Jefferson holidays. The Dockets Office (telephone of this notice nor the inclusion or County Airport under the provisions of 1–800–647–5527) is on the plaza level omission of information in the summary the 49 U.S.C. 40117 and Part 158 of the of the NASSIF Building at the is intended to affect the legal status of Federal Aviation Regulations (14 CFR Department of Transportation at the any petition or its final disposition. part 158). above address. You may also review FOR FURTHER INFORMATION CONTACT: DATES: Comments must be received on public dockets on the Internet at Caren Centorelli, Office of Rulemaking or before January 8, 2004. http://dms.dot.gov. (ARM–1), Federal Aviation ADDRESSES: Comments on this FOR FURTHER INFORMATION CONTACT: Administration, 800 Independence application may be mailed or delivered Madeleine Kolb (425–227–1134), Avenue, SW., Washington, DC 20591. in triplicate to the FAA at the following Transport Airplane Directorate (ANM– Tel. (202) 267–8199. address: Ms. Lori Ledebohm,

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Community Planner/PFC Contact, PFC Formulation Airport, 2515 Wright Brothers Blvd. W, Harrisburg Airports District Office, 3905 Class or classes of air carriers which Cedar Rapids, Iowa 52404. Hartzdale Drive, Suite 508, Camp Hill, the public agency has requested not be Air carriers and foreign air carriers PA 17011. required to collect PFCs: Non-scheduled may submit copies of written comments In addition, one copy of any on-demand air carriers filing FAA Form previously provided to the Eastern Iowa comments submitted to the FAA must 1800–31. Airport, Cedar Rapids, Iowa, under be mailed or delivered to Robert W. Any person may inspect the section 158.23 of part 158. Shaffer of Clearfield-Jefferson Counties application in person at the FAA office FOR FURTHER INFORMATION CONTACT: Regional Airport Authority at the listed above under FOR FURTHER Nicoletta S. Oliver, Airports Compliance following address: P.O. Box 299, Falls INFORMATION CONTACT and at the FAA Specialist, FAA, Central Region, 901 Creek, Pennsylvania 15840. regional Airports office located at: Locust Street, Kansas City, MO 64106, Air carriers and foreign air carriers Eastern Region, Airports Division, AEA– (816) 329–2642. The application may be may submit copies of written comments 610, 1 Aviation Plaza, Jamaica, New reviewed in person at this same previously provided to Clearfield- York 11434. location. Jefferson Counties Regional Airport In addition, any person may, upon SUPPLEMENTARY INFORMATION: The FAA Authority under section 158.23 of part request, inspect the application, notice proposes to rule and invites public 158. and other documents germane to the comment on the application to impose application in person at Clearfield- FOR FURTHER INFORMATION CONTACT: Lori and use the revenue from a PFC at the Jefferson Counties Regional Airport Ledebohm, Community Planner/PFC Eastern Iowa Airport under the Authority. Contact, Harrisburg Airports District provisions of the Aviation Safety and Office, 3905 Hartzdale Drive, Suite 508, Issued in Camp Hill, PA on November 21, Capacity Expansion Act of 1990 (Title Camp Hill, PA 17011, 717–730–2835. 2003. IX of the Omnibus Budget The application may be reviewed in Lori Ledebohm, Reconciliation Act of 1990) (Public Law person at this same location. PFC Contact, Harrisburg Airports District 101–508) and part 158 of the Federal SUPPLEMENTARY INFORMATION: The FAA Office, Eastern Region. Aviation Regulations (14 CFR part 158). proposes to rule and invites public [FR Doc. 03–30464 Filed 12–8–03; 8:45 am] On December 2, 2003, the FAA comment on the application to impose BILLING CODE 4910–13–M determined that the application to and use the revenue from a PFC at impose and use the revenue from a PFC Dubois-Jefferson County Airport under submitted by the Cedar Rapids Airport the provisions of the 49 U.S.C. 40117 DEPARTMENT OF TRANSPORTATION Commission, was substantially and part 158 of the Federal Aviation complete within the requirements of Federal Aviation Administration Regulations (14 CFR part 158). section 158.25 of part 158. The FAA On November 10, 2003, the FAA Notice of Intent To Rule on Application will approve or disapprove the determined that the application to 04–03–C–00–CID to Impose and Use application, in whole or in part, no later impose and use the revenue from a PFC the Revenue From a Passenger Facility than February 26, 2004. submitted by Clearfield-Jefferson Charge (PFC) at the Eastern Iowa The following is a brief overview of Counties Regional Airport Authority Airport, Cedar Rapids, IA the application. was substantially complete within the Level of the proposed PFC: $4.50. requirements of section 158.25 of part AGENCY: Federal Aviation Proposed charge effective date: March 158. The FAA will approve or Administration (FAA), DOT. 2004. disapprove the application, in whole or ACTION: Notice of intent to rule on Proposed charge expiration date: July in part, no later than February 7, 2004. application. 2006. The following is a brief overview of Total estimated PFC revenue: the application. SUMMARY: The FAA proposes to rule and $4,182,615. Proposed charge effective date: April invites public comment on the Brief description of proposed 1, 2004. application to impose and use the project(s): Acquire two snow removal Proposed charge expiration date: revenue from a PFC at the Eastern Iowa end loaders; Rehabilitate Runway 13/31; February 1, 2011. Airport under the provisions of the Extend south end of Runway 13/31; Level of the proposed PFC: $4.50. Aviation Safety and Capacity Expansion Improve north end of Runway 13/31 Total estimated PFC revenue: Act of 1990 (Title IX of the Omnibus safety area and relocate road; Extend $325,413. Budget Reconciliation Act of 1990) north end of Runway 13/31 and Brief description of proposed (Public Law 101–508) and part 158 of construct Taxiway F connection; project(s): the Federal Aviation Regulations (14 Improve east end of Runway 9/27 safety CFR part 158). area; Reconstruct T-hangar taxiways and Impose and Use DATES: Comments must be received on general aviation aprons; Construct Airport Master Plan or before January 8, 2004. runway and taxiways overlay; Construct Wildlife Hazard Assessment ADDRESSES: Comments on this cargo ramp expansion (Phase I); Runway Safety Areas—Runway 7 End application may be mailed or delivered Construct terminal and cargo ramp Electrical Vault in triplicate to the FAA at the following expansion and rehabilitation (Phase (II); Snow Removal Equipment address: Federal Aviation Construct cargo apron; Rehabilitate High Intensity Runway Lighting Administration, Central Region, cargo apron (Phase III); and Rehabilitate ARFF Building Airports Division, 901 Locust Street, cargo apron (Phase IV). ARFF Vehicle Kansas City, MO 64106. Any person may inspect the Replace Security Card Gates In addition, one copy of any application in person at the FAA office Expand Terminal Apron comments submitted to the FAA must listed above under FOR FURTHER Security Enhancements be mailed or delivered to Mr. Lawrence INFORMATION CONTACT. Impose Runway 25 Safety Area (Land K. Mullendore, Airport Director, at the In addition, any person may, upon Acquisition), Phase I following address: The Eastern Iowa request, inspect the application, notice

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and other documents germane to the CONTACT. In addition, any person may, SUPPLEMENTARY INFORMATION: The FAA application in person at the Eastern upon request, inspect the request, notice proposes to rule and invites public Iowa Airport, Cedar Rapids, Iowa. and other documents germane to the comment on the application to impose Issued in Kansas City, Missouri on request in person at the city of and use the revenue from a PFC at December 2, 2003. Starkville. Golden Triangle Regional Airport under George A. Hendon, Issued in Jackson, Mississippi on the provisions of the Aviation Safety Manager, Airports Division Central Region. December 2, 2003. and Capacity Expansion Act of 1990 (title IX of the Omnibus Budget [FR Doc. 03–30465 Filed 12–8–03; 8:45 am] Rans D. Black, Reconciliation Act of 1990) (Pub. L. BILLING CODE 4910–13–M Manager, Jackson Airports District Office, Southern Region. 101–508) and part 158 of the Federal [FR Doc. 03–30463 Filed 12–8–03; 8:45 am] Aviation Regulations (14 CFR part 158). DEPARTMENT OF TRANSPORTATION On 12–2–2003, the FAA determined BILLING CODE 4910–13–M that the application to impose and use Federal Aviation Administration the revenue from a PFC submitted by DEPARTMENT OF TRANSPORTATION Golden Triangle Regional Airport Notice of Opportunity for Public Authority was substantially complete Comment on Surplus Property Release Federal Aviation Administration within the requirements of § 158.25 of at George M. Bryan Field Airport, part 158. The FAA will approve or Starkville, MI Notice of Intent To Rule on Application disapprove the application, in whole or To Impose and Use the Revenue From in part, no later than March 16, 2003. AGENCY: Federal Aviation a Passenger Facility Charge (PFC) at The following is a brief overview of Administration (FAA), DOT. Golden Triangle Regional Airport, the application. ACTION: Notice of intent to rule on land Columbus, MS PFC Application No.: 04–03–C–00– release request. GTR. AGENCY: Federal Aviation Level of the proposed PFC: $4.50. SUMMARY: Under the provisions of title Administration (FAA), DOT. Proposed charge effective date: June 49, U.S.C. section 47153(c), notice is ACTION: Notice of intent to rule on 1, 2008. being given that the FAA is considering application. Proposed charge effective date: a request from the city of Starkville to August 1, 2010. waive the requirement that a 7.87+-acre SUMMARY: The FAA proposes to rule and Total estimated net PFC revenue: parcel of surplus property, located at the invites public comment on the $285,555. George M. Bryan Field Airport, be used application to impose and use the Brief description of proposed for aeronautical purposes. revenue from a PFC at Golden Triangle project(s): Construct Air Traffic Control DATES: Comments must be received on Regional Airport under the provisions of Tower; Master Plan/Noise Compatibility or before January 8, 2004. the Aviation Safety and Capacity Study; Handicapped Lift Device; ADDRESSES: Comments on this notice Expansion Act of 1990 (title IX of the Runway Overlay/Grooving/Paint; may be mailed or delivered in triplicate Omnibus Budget Reconciliation Act of Taxiway Sealcoat; Reconstruction of to the FAA at the following address: 1990) (Pub. L. 101–508) and part 158 of General Aviation Ramp. Jackson Airports District Office, 100 the Federal Aviation Regulations (14 Class or classes of air carriers which West Cross Street, Suite B, Jackson, MS CFR part 158). the public agency has requested not be 39208–2307. DATES: Comments must be received on required to collect PFCs: None. In addition, one copy of any or before January 8, 2004. Any person may inspect the application in person at the FAA office comments submitted to the FAA must ADDRESSES: Comments on this listed above under FOR FURTHER be mailed or delivered to The honorable application may be mailed or delivered INFORMATION CONTACT. Mack Rutledge, Mayor of Starkville, in triplicate to the FAA at the following In addition, any person may, upon Mississippi at the following address: address: Jackson Airports District Office, request, inspect the application, notice City Hall, 101 Lampkin Street, 100 West Cross Street, Jackson, and other documents germane to the Starkville, MS 39759. Mississippi, 39208. application in person at the Golden FOR FURTHER INFORMATION CONTACT: In addition, one copy of any Triangle Regional Airport Authority. David Shumate, Program Manager, comments submitted to the FAA must Jackson Airports District Office, 100 be mailed or delivered to Nick Ardillo, Dated: Issued in Jackson, Mississippi on West Cross Street, Suite B, Jackson, MS Executive Director of the Golden December 2, 2003. 39208–2307, (601) 664–9882. The land Triangle Regional Airport at the Rans Black, release request may be reviewed in following address: Golden Triangle Manager, Jackson Airports District Office, person at this same location. Regional, Airport Authority, 2080 Southern Region. SUPPLEMENTARY INFORMATION: The FAA Airport Road, Columbus, MS 39701. [FR Doc. 03–30462 Filed 12–8–03; 8:45 am] is reviewing a request by the city of Air carriers and foreign air carriers BILLING CODE 491073–M Starkville to release 7.87 acres of may submit copies of written comments surplus property at the George M. Bryan previously provided to the Golden Field Airport. The property will be Triangle Rational Airport Authority DEPARTMENT OF THE TREASURY purchased by the city for the under § 158.23 of part 158. construction of a police complex. The FOR FURTHER INFORMATION CONTACT: Office of the Comptroller of the net proceeds from the sale of this David Shumate, Program Manager, Currency property will be used for airport Jackson Airports District Office, 100 Proposed Renewal of Information purposes. West Cross Street, Jackson, Mississippi, Collection; Comment Request Any person may inspect the request 39208, (601) 664–9882. The application in person at the FAA office listed above may be reviewed in person at this same AGENCY: Office of the Comptroller of the under FOR FURTHER INFORMATION location. Currency (OCC), Treasury.

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ACTION: Notice and request for comment. OCC also uses the information in Currently, the IRS is soliciting planning bank examinations. comments concerning Form 1099–OID, SUMMARY: The OCC, as part of its Type of Review: Renewal of a Original Issue Discount. continuing effort to reduce paperwork currently approved collection. DATES: Written comments should be and respondent burden, invites the Affected Public: Businesses or other received on or before February 9, 2004, general public and other Federal for-profit; individuals. to be assured of consideration. agencies to take this opportunity to Estimated Number of Respondents: comment on a continuing information ADDRESSES: Direct all written comments 100. to R. Joseph Durbala, Internal Revenue collection, as required by the Paperwork Estimated Total Annual Responses: Reduction Act of 1995. Currently, the Service, room 6411, 1111 Constitution 3,080. Avenue NW., Washington, DC 20224. OCC is soliciting comment concerning Frequency of Response: On occasion. its renewal of an information collection Estimated Total Annual Burden: FOR FURTHER INFORMATION CONTACT: titled, ‘‘(MA)—Municipal Securities 2,706 burden hours. Requests for additional information or Dealers and Government Securities Comments: Comments submitted in copies of the form and instructions Brokers and Dealers Registration and response to this notice will be should be directed to Carol Savage at Withdrawal.’’ summarized and included in the request Internal Revenue Service, room 6407, 1111 Constitution Avenue NW., DATES: for OMB approval. All comments will You should submit written Washington, DC 20224, or at (202) 622– comments by February 9, 2004. become a matter of public record. Comments are invited on: 3945, or through the Internet at ADDRESSES: You should direct all [email protected]. written comments to the (a) Whether the collection of Communications Division, Attention: information is necessary for the proper SUPPLEMENTARY INFORMATION: 1557–0184, Third Floor, Office of the performance of the functions of the Title: Original Issue Discount. Comptroller of the Currency, 250 E agency, including whether the OMB Number: 1545–0117. Form Street, SW., Washington, DC 20219. In information has practical utility; Number: 1099–OID. Abstract: Form 1099–OID is used for addition, you may send comments by (b) The accuracy of the agency’s reporting original issue discount as facsimile transmission to (202) 874– estimate of the burden of the collection required by section 6049 of the Internal 5274, or by electronic mail to of information; Revenue Code. It is used to verify that [email protected]. You can (c) Ways to enhance the quality, income earned on discount obligations inspect and photocopy the comments at utility, and clarity of the information to is properly reported by the recipient. the OCC’s Public Reference Room, 250 be collected; Current Actions: There are no changes E Street, SW., Washington, DC, between (d) Ways to minimize the burden of being made to the form at this time. 9 a.m. and 5 p.m. on business days. You the collection on respondents, including through the use of automated collection Type of Review: Extension of a can make an appointment to inspect the currently approved collection. comments by calling (202) 874–5043. techniques or other forms of information technology; and Affected Public: Businesses or other FOR FURTHER INFORMATION CONTACT: You (e) Estimates of capital or startup costs for-profit organizations. can request additional information from and costs of operation, maintenance, Estimated Number of Responses: or a copy of the collection from John and purchase of services to provide 5,906,965. Ference or Camille Dixon, (202) 874– information. Estimated Time Per Response: 12 min. 5090, Legislative and Regulatory Estimated Total Annual Burden Activities Division (1557–0184), Office Dated: December 1, 2003. Hours: 1,142,324. of the Comptroller of the Currency, 250 Mark Tenhundfeld, The following paragraph applies to all E Street, SW., Washington, DC 20219. Assistant Director, Legislative & Regulatory of the collections of information covered SUPPLEMENTARY INFORMATION: Activities Division. by this notice: The OCC is proposing to extend OMB [FR Doc. 03–30405 Filed 12–8–03; 8:45 am] An agency may not conduct or approval of the following information BILLING CODE 4810–33–P sponsor, and a person is not required to collection: respond to, a collection of information Title: (MA)—Municipal Securities unless the collection of information Dealers and Government Securities DEPARTMENT OF THE TREASURY displays a valid OMB control number. Brokers and Dealers Registration and Books or records relating to a collection Internal Revenue Service Withdrawal. of information must be retained as long OMB Number: 1557–0184. Proposed Collection; Comment as their contents may become material Form Numbers: MSD, MSDW, MSD– Request for Form 1099–OID in the administration of any internal 4, MSD–5, G–FIN, G–FINW. revenue law. Generally, tax returns and Abstract: This information collection AGENCY: Internal Revenue Service (IRS), tax return information are confidential, is required to satisfy the requirements of Treasury. as required by 26 U.S.C. 6103. the Securities Act Amendments of 1975 ACTION: Notice and request for Request for Comments: Comments and the Government Securities Act of comments. submitted in response to this notice will 1986 which requires that any national be summarized and/or included in the bank that acts as a government SUMMARY: The Department of the request for OMB approval. All securities broker/dealer or a municipal Treasury, as part of its continuing effort comments will become a matter of securities dealer notify the OCC of its to reduce paperwork and respondent public record. Comments are invited on: broker/dealer activities. The OCC uses burden, invites the general public and (a) Whether the collection of this information to determine which other Federal agencies to take this information is necessary for the proper national banks are government and opportunity to comment on proposed performance of the functions of the municipal securities broker/dealers and and/or continuing information agency, including whether the to monitor institutions entry into and collections, as required by the information shall have practical utility; exit from government and municipal Paperwork Reduction Act of 1995, Pub. (b) the accuracy of the agency’s estimate securities broker/dealer activities. The L. 104–13 (44 U.S.C. 3506(c)(2)(A)). of the burden of the collection of

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information; (c) ways to enhance the a personal identification number (PIN) DEPARTMENT OF THE TREASURY quality, utility, and clarity of the to electronically sign a corporation’s information to be collected; (d) ways to electronic income tax return and, if Internal Revenue Service minimize the burden of the collection of applicable, Electronic Funds Proposed Collection; Comment information on respondents, including Withdrawal Consent. through the use of automated collection Request for Form 8831 Current Actions: There are no changes techniques or other forms of information being made to the form at this time. AGENCY: Internal Revenue Service (IRS), technology; and (e) estimates of capital Treasury. Type of Review: Extension of a or start-up costs and costs of operation, ACTION: Notice and request for currently approved collection. maintenance, and purchase of services comments. to provide information. Affected Public: Businesses or other Approved: December 2, 2003. for-profit organizations. SUMMARY: The Department of the Treasury, as part of its continuing effort R. Joseph Durbala, Estimated Number of Respondents: to reduce paperwork and respondent IRS Reports Clearance Officer. 7,760. burden, invites the general public and [FR Doc. 03–30525 Filed 12–8–03; 8:45 am] Estimated Time Per Respondent: 6 other Federal agencies to take this BILLING CODE 4830–01–P hours, 32 minutes. opportunity to comment on proposed Estimated Total Annual Burden and/or continuing information DEPARTMENT OF THE TREASURY Hours: 50,673. collections, as required by the Paperwork Reduction Act of 1995, The following paragraph applies to all Internal Revenue Service Public Law 104–13 (44 U.S.C. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Proposed Collection; Comment by this notice: soliciting comments concerning Form Request for Form 8879-C An agency may not conduct or 8831, Excise Taxes on Excess Inclusions sponsor, and a person is not required to of REMIC Residual Interests. AGENCY: Internal Revenue Service (IRS), respond to, a collection of information DATES: Written comments should be Treasury. unless the collection of information received on or before February 9, 2004 ACTION: Notice and request for displays a valid OMB control number. to be assured of consideration. comments. Books or records relating to a collection ADDRESSES: Direct all written comments SUMMARY: The Department of the of information must be retained as long to R. Joseph Durbala Internal Revenue Treasury, as part of its continuing effort as their contents may become material Service, room 6411, 1111 Constitution to reduce paperwork and respondent in the administration of any internal Avenue NW., Washington, DC 20224. burden, invites the general public and revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: other Federal agencies to take this tax return information are confidential, Requests for additional information or opportunity to comment on proposed as required by 26 U.S.C. 6103. copies of the form and instructions and/or continuing information Request for Comments: Comments should be directed to Larnice Mack at collections, as required by the submitted in response to this notice will Internal Revenue Service, room 6407, Paperwork Reduction Act of 1995, Pub. be summarized and/or included in the 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622– L. 104–13 (44 U.S.C. 3506(c)(2)(A)). request for OMB approval. All 3179, or through the Internet at Currently, the IRS is soliciting comments will become a matter of comments concerning Form 8879-C, IRS [email protected]. public record. Comments are invited on: e-file Signature Authorization for Form (a) Whether the collection of SUPPLEMENTARY INFORMATION: 1120. information is necessary for the proper Title: Excise Taxes on Excess DATES: Written comments should be performance of the functions of the Inclusions of REMIC Residual Interests. received on or before February 9, 2004 OMB Number: 1545–1379. agency, including whether the to be assured of consideration. Form Number: 8831. information shall have practical utility; ADDRESSES: Direct all written comments Abstract: Form 8831 is used by a real (b) the accuracy of the agency’s estimate estate mortgage investment conduit to R. Joseph Durbala, Internal Revenue of the burden of the collection of Service, room 6411, 1111 Constitution (REMIC) to figure its excise tax liability information; (c) ways to enhance the Avenue NW., Washington, DC 20224. under Internal Revenue Code sections quality, utility, and clarity of the 860E(e)(1), 860E(e)(6), and 860E(e)(7). FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to IRS uses the information to determine Requests for additional information or minimize the burden of the collection of copies of the form and instructions the correct tax liability of the REMIC. information on respondents, including Current Actions: There are no changes should be directed to Carol Savage at through the use of automated collection being made to the form at this time. Internal Revenue Service, room 6407, techniques or other forms of information Type of Review: Extension of a 1111 Constitution Avenue NW., currently approved collection. Washington, DC 20224, or at (202) 622– technology; and (e) estimates of capital or start-up costs and costs of operation, Affected Public: Business or other for- 3945, or through the Internet at profit organizations. [email protected]. maintenance, and purchase of services to provide information. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: 31. Title: IRS e-file Signature Approved: December 2, 2003. Estimated Time Per Response: 7 Authorization for Form 1120. R. Joseph Durbala, hours, 39 minutes. OMB Number: 1545–1864. IRS Reports Clearance Officer. Estimated Total Annual Burden Form Number: 8879–C. [FR Doc. 03–30526 Filed 12–8–03; 8:45 am] Hours: 237. Abstract: Form 8879–C authorizes an The following paragraph applies to all officer of a corporation and an BILLING CODE 4830–01–P of the collections of information covered electronic return originator (ERO) to use by this notice:

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An agency may not conduct or Continuing Education for Enrolled agency, including whether the sponsor, and a person is not required to Agents. information shall have practical utility; respond to, a collection of information DATES: Written comments should be (b) the accuracy of the agency’s estimate unless the collection of information received on or before February 9, 2004 of the burden of the collection of displays a valid OMB control number. to be assured of consideration. information; (c) ways to enhance the Books or records relating to a collection quality, utility, and clarity of the ADDRESSES: Direct all written comments of information must be retained as long information to be collected; (d) ways to to R. Joseph Durbala, Internal Revenue as their contents may become material minimize the burden of the collection of Service, room 6411, 1111 Constitution in the administration of any internal information on respondents, including Avenue NW., Washington, DC 20224. revenue law. Generally, tax returns and through the use of automated collection tax return information are confidential, FOR FURTHER INFORMATION CONTACT: techniques or other forms of information as required by 26 U.S.C. 6103. Requests for additional information or technology; and (e) estimates of capital copies of the form should be directed to Request for Comments: Comments or start-up costs and costs of operation, Carol Savage at Internal Revenue submitted in response to this notice will maintenance, and purchase of services Service, room 6407, 1111 Constitution be summarized and/or included in the to provide information. Avenue NW., Washington, DC 20224, or request for OMB approval. All at (202) 622–3945, or through the Approved: December 3, 2003. comments will become a matter of Internet at [email protected]. R. Joseph Durbala, public record. Comments are invited on: IRS Reports Clearance Officer. (a) Whether the collection of SUPPLEMENTARY INFORMATION: [FR Doc. 03–30528 Filed 12–8–03; 8:45 am] information is necessary for the proper Title: Program Sponsor Agreement for performance of the functions of the Continuing Education for Enrolled BILLING CODE 4830–01–P agency, including whether the Agents. information shall have practical utility; OMB Number: 1545–1459. Form Number: Form 8498. DEPARTMENT OF THE TREASURY (b) the accuracy of the agency’s estimate Abstract: Form 8498 is used by the of the burden of the collection of Director of Practice to determine the Internal Revenue Service information; (c) ways to enhance the qualifications of those individuals or quality, utility, and clarity of the Proposed Collection; Comment organizations seeking to present information to be collected; (d) ways to Request for Form 8879–S continuing professional educational minimize the burden of the collection of programs for persons enrolled to AGENCY: Internal Revenue Service (IRS), information on respondents, including practice before the Internal Revenue Treasury. through the use of automated collection Service. techniques or other forms of information ACTION: Notice and request for Current Actions: There are no changes comments. technology; and (e) estimates of capital being made to the form at this time. or start-up costs and costs of operation, Type of Review: Extension of a SUMMARY: The Department of the maintenance, and purchase of services currently approved collection. Treasury, as part of its continuing effort to provide information. Affected Public: Individuals and to reduce paperwork and respondent Approved: December 1, 2003. business or other for-profit burden, invites the general public and R. Joseph Durbala, organizations. other Federal agencies to take this IRS Reports Clearance Officer. Estimated Number of Respondents: opportunity to comment on proposed [FR Doc. 03–30527 Filed 12–8–03; 8:45 am] 500. and/or continuing information Estimated Time Per Respondent: 36 BILLING CODE 4830–01–P collections, as required by the minutes. Paperwork Reduction Act of 1995, Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. DEPARTMENT OF THE TREASURY Hours: 300. 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all soliciting comments concerning Form Internal Revenue Service of the collections of information covered 8879–S, IRS e-file Signature by this notice: Authorization for Form 1120S. Proposed Collection; Comment An agency may not conduct or DATES: Written comments should be Request for Form 8498 sponsor, and a person is not required to received on or before February 9, 2004 respond to, a collection of information to be assured of consideration. AGENCY: Internal Revenue Service (IRS), unless the collection of information ADDRESSES: Treasury. displays a valid OMB control number. Direct all written comments to R. Joseph Durbala, Internal Revenue ACTION: Notice and request for Books or records relating to a collection Service, room 6411, 1111 Constitution comments. of information must be retained as long as their contents may become material Avenue NW., Washington, DC 20224. SUMMARY: The Department of the in the administration of any internal FOR FURTHER INFORMATION CONTACT: Treasury, as part of its continuing effort revenue law. Generally, tax returns and Requests for additional information or to reduce paperwork and respondent tax return information are confidential, copies of the form and instructions burden, invites the general public and as required by 26 U.S.C. 6103. should be directed to Carol Savage at other Federal agencies to take this Request for Comments: Comments Internal Revenue Service, room 6407, opportunity to comment on proposed submitted in response to this notice will 1111 Constitution Avenue NW., and/or continuing information be summarized and/or included in the Washington, DC 20224, or at (202) 622– collections, as required by the request for OMB approval. All 3945, or through the Internet at Paperwork Reduction Act of 1995, Pub. comments will become a matter of [email protected]. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). public record. Comments are invited on: SUPPLEMENTARY INFORMATION: Currently, the IRS is soliciting (a) Whether the collection of Title: IRS e-file Signature comments concerning Form 8498, information is necessary for the proper Authorization for Form 1120S. Program Sponsor Agreement for performance of the functions of the OMB Number: 1545–1863.

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Form Number: 8879–S. DEPARTMENT OF THE TREASURY The following paragraph applies to all Abstract: Form 8879–S authorizes an of the collections of information covered officer of a corporation and an Internal Revenue Service by this notice: electronic return originator (ERO) to use An agency may not conduct or Proposed Collection; Comment sponsor, and a person is not required to a personal identification number (PIN) Request for Form 8453–C to electronically sign a corporation’s respond to, a collection of information unless the collection of information electronic income tax return and, if AGENCY: Internal Revenue Service (IRS), applicable, Electronic Funds Treasury. displays a valid OMB control number. Withdrawal Consent. Books or records relating to a collection ACTION: Notice and request for of information must be retained as long Current Actions: There are no changes comments. as their contents may become material being made to the form at this time. in the administration of any internal SUMMARY: The Department of the Type of Review: Extension of a revenue law. Generally, tax returns and Treasury, as part of its continuing effort currently approved collection. tax return information are confidential, to reduce paperwork and respondent as required by 26 U.S.C. 6103. Affected Public: Businesses or other burden, invites the general public and for-profit organizations. Request for Comments: Comments other Federal agencies to take this submitted in response to this notice will Estimated Number of Respondents: opportunity to comment on proposed 11,360. be summarized and/or included in the and/or continuing information request for OMB approval. All Estimated Time Per Respondent: 6 collections, as required by the comments will become a matter of hours, 32 minutes. Paperwork Reduction Act of 1995, public record. Comments are invited on: Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. (a) Whether the collection of Hours: 74,181. 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper soliciting comments concerning Form The following paragraph applies to all performance of the functions of the 8453–C, U.S. Corporation Income Tax agency, including whether the of the collections of information covered Declaration for an IRS e-file Return. by this notice: information shall have practical utility; DATES: Written comments should be An agency may not conduct or (b) the accuracy of the agency’s estimate received on or before February 9, 2004 of the burden of the collection of sponsor, and a person is not required to to be assured of consideration. respond to, a collection of information information; (c) ways to enhance the unless the collection of information ADDRESSES: Direct all written comments quality, utility, and clarity of the displays a valid OMB control number. to R. Joseph Durbala, Internal Revenue information to be collected; (d) ways to Books or records relating to a collection Service, room 6411, 1111 Constitution minimize the burden of the collection of of information must be retained as long Avenue NW., Washington, DC 20224. information on respondents, including as their contents may become material FOR FURTHER INFORMATION CONTACT: through the use of automated collection in the administration of any internal Requests for additional information or techniques or other forms of information revenue law. Generally, tax returns and copies of the form and instructions technology; and (e) estimates of capital tax return information are confidential, should be directed to Carol Savage at or start-up costs and costs of operation, as required by 26 U.S.C. 6103. Internal Revenue Service, room 6407, maintenance, and purchase of services to provide information. Request for Comments: Comments 1111 Constitution Avenue NW., submitted in response to this notice will Washington, DC 20224, or at (202) 622– Approved: December 3, 2003. be summarized and/or included in the 3945, or through the Internet at R. Joseph Durbala, request for OMB approval. All [email protected]. IRS Reports Clearance Officer. comments will become a matter of SUPPLEMENTARY INFORMATION: [FR Doc. 03–30530 Filed 12–8–03; 8:45 am] public record. Comments are invited on: Title: U.S. Corporation Income Tax BILLING CODE 4830–01–P (a) Whether the collection of Declaration for an IRS e-file Return. information is necessary for the proper OMB Number: 1545–1866. DEPARTMENT OF THE TREASURY performance of the functions of the Form Number: 8453–C. agency, including whether the Abstract: Form 8453–C is necessary to Internal Revenue Service information shall have practical utility; enable the electronic filing of Form (b) the accuracy of the agency’s estimate 1120, U.S. Corporation Income Tax Proposed Collection; Comment of the burden of the collection of Return. The form is created to meet the Request for Revenue Procedure 2001– information; (c) ways to enhance the stated Congressional policy that 29 quality, utility, and clarity of the paperless filing is the preferred and AGENCY: Internal Revenue Service (IRS), information to be collected; (d) ways to most convenient means of filing Federal Treasury. minimize the burden of the collection of tax and information returns. information on respondents, including ACTION Current Actions: There are no changes : Notice and request for through the use of automated collection being made to the form at this time. comments. techniques or other forms of information Type of Review: Extension of a technology; and (e) estimates of capital SUMMARY: The Department of the currently approved collection. or start-up costs and costs of operation, Treasury, as part of its continuing effort maintenance, and purchase of services Affected Public: Businesses or other to reduce paperwork and respondent to provide information. for-profit organizations. burden, invites the general public and Estimated Number of Respondents: other Federal agencies to take this Approved: December 3, 2003. 2,000. opportunity to comment on proposed R. Joseph Durbala, Estimated Time Per Respondent: 7 and/or continuing information IRS Reports Clearance Officer. hours, 1 minute. collections, as required by the [FR Doc. 03–30529 Filed 12–8–03; 8:45 am] Estimated Total Annual Burden Paperwork Reduction Act of 1995, BILLING CODE 4830–01–P Hours: 14,040. Public Law 104–13 (44 U.S.C.

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3506(c)(2)(A)). Currently, the IRS is (a) Whether the collection of lines, notification of intent to participate soliciting comments concerning information is necessary for the proper in the telephone conference call meeting Revenue Procedure 2001–29, Leveraged performance of the functions of the must be made with Sallie Chavez. Ms. Leases. agency, including whether the Chavez can be reached at 1–888–912– DATES: Written comments should be information shall have practical utility; 1227 or (954) 423–7979. received on or before February 9, 2004 (b) the accuracy of the agency’s estimate The agenda will include various IRS to be assured of consideration. of the burden of the collection of issues. ADDRESSES: Direct all written comments information; (c) ways to enhance the quality, utility, and clarity of the Dated: December 2, 2003. to R. Joseph Durbula, Internal Revenue Bernard Coston, Service, room 6411, 1111 Constitution information to be collected; (d) ways to Director, Taxpayer Advocacy Panel. Avenue NW., Washington, DC 20224. minimize the burden of the collection of information on respondents, including [FR Doc. 03–30532 Filed 12–8–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Requests for additional information or through the use of automated collection BILLING CODE 4830–01–P copies of revenue procedure should be techniques or other forms of information technology; and (e) estimates of capital directed to Carol Savage at Internal DEPARTMENT OF THE TREASURY Revenue Service, room 6407, 1111 or start-up costs and costs of operation, maintenance, and purchase of services Constitution Avenue NW., Washington, Internal Revenue Service DC 20224, or at (202) 622–3945, or to provide information. through the Internet at Approved: December 3, 2003. Open Meeting of the Ad Hoc [email protected]. R. Joseph Durbala, Committee of the Taxpayer Advocacy Panel SUPPLEMENTARY INFORMATION: IRS Reports Clearance Officer. Title: Leveraged Leases. [FR Doc. 03–30531 Filed 12–8–03; 8:45 am] AGENCY: Internal Revenue Service (IRS) OMB Number: 1545–1738. BILLING CODE 4830–01–P Revenue Procedure Number: Revenue Treasury. Procedure 2001–29. ACTION: Notice. Abstract: Revenue Procedure 2001–29 DEPARTMENT OF THE TREASURY sets forth the information and SUMMARY: An open meeting of the Ad representations required to be furnished Internal Revenue Service Hoc Committee of the Taxpayer by taxpayers in requests for an advance Open Meeting of the Area 3 Taxpayer Advocacy Panel will be conducted (via ruling that a leveraged lease transaction Advocacy Panel (Including the States teleconference). The Taxpayer is, in fact, a valid lease for Federal of Florida, Georgia, Alabama, Advocacy Panel (TAP) will be income tax purposes. Mississippi, Louisiana, Arkansas and discussing issues on IRS Customer Current Actions: There is no changes Tennessee) Service. being made to the revenue procedure at DATES: this time. AGENCY: Internal Revenue Service (IRS), The meeting will be held Type of Review: Extension of a Treasury. Monday, January 5, 2004. currently approved collection. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Judi Affected Public: Individuals or Nicholas at 1–888–912–1227, or (206) households, business or other for-profit SUMMARY: An open meeting of the Area 220–6096. organizations, and not-for-profit 3 Taxpayer Advocacy Panel will be institutions. conducted (via teleconference). The SUPPLEMENTARY INFORMATION: Notice is Estimated Number of Respondents: Taxpayer Advocacy Panel is soliciting hereby given pursuant to section 10. public comments, ideas, and 10(a)(2) of the Federal Advisory Estimated Time Per Respondent: 80 suggestions on improving customer Committee Act, 5 U.S.C. App. (1988) hours. service at the Internal Revenue Service. that an open meeting of the Ad Hoc Estimated Total Annual Burden Committee of the Taxpayer Advocacy DATES: The meeting will be held Friday, Hours: 800. Panel will be held Monday, January 5, December 19, 2003 from 11 am EDT to The following paragraph applies to all 2004 from 8am Pacific Time to 9 am 12:30pm EDT. of the collections of information covered Pacific Time via a telephone conference by this notice: FOR FURTHER INFORMATION CONTACT: call. If you would like to have the TAP An agency may not conduct or Sallie Chavez at 1–888–912–1227, or consider a written statement, please call sponsor, and a person is not required to (954) 423–7979. 1–888–912–1227 or (206) 220–6096, or respond to, a collection of information SUPPLEMENTARY INFORMATION: Notice is write to Judi Nicholas, TAP Office, 915 unless the collection of information hereby given pursuant to section 2nd Avenue, MS W–406, Seattle, WA displays a valid OMB control number. 10(a)(2) of the Federal Advisory 98174. Due to limited conference lines, Books or records relating to a collection Committee Act, 5 U.S.C. App. (1988) notification of intent to participate in of information must be retained as long that an open meeting of the Area 3 the telephone conference call meeting as their contents may become material Taxpayer Advocacy Panel will be held must be made with Judi Nicholas. Ms. in the administration of any internal Friday, December 19, 2003, from 11 am Nicholas can be reached at 1–888–912– revenue law. Generally, tax returns and EST to 12:30 pm EST via a telephone 1227 or (206) 220–6096. tax return information are confidential, conference call. Individual comments The agenda will include the as required by 26 U.S.C. 6103. will be limited to 5 minutes. If you following: Various IRS issues. Request for Comments: Comments would like to have the TAP consider a submitted in response to this notice will written statement, please call 1–888– Dated: December 2, 2003. be summarized and/or included in the 912–1227 or (954) 423–7979, or write Bernard Coston, request for OMB approval. All Sallie Chavez, TAP Office, 1000 South Director, Taxpayer Advocacy Panel. comments will become a matter of Pine Island Rd., Suite 340, Plantation, [FR Doc. 03–30533 Filed 12–8–03; 8:45 am] public record. Comments are invited on: FL 33324. Due to limited conference BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 68, No. 236

Tuesday, December 9, 2003

This section of the FEDERAL REGISTER PEACE CORPS November 25, 2003, make the following contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, 22 CFR Part 303 and Notice documents. These corrections are § 303.9 [Corrected] prepared by the Office of the Federal Procedures for Disclosure of On page 66011, in § 303.9, in the Register. Agency prepared corrections are Information Under the Freedom of second column, paragraph (e)(5)(vi) issued as signed documents and appear in Information Act should read (e)(5)(iv). the appropriate document categories elsewhere in the issue. Correction [FR Doc. C3–29409 Filed 12–8–03; 8:45 am] In rule document 03–29409 beginning BILLING CODE 1505–01–D on page 66006 in the issue of Tuesday,

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Part II

Department of Education 34 CFR Part 200 Title I—Improving the Academic Achievement of the Disadvantaged; Final Rule

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DEPARTMENT OF EDUCATION Background Synthesis26.html.) In addition, students with disabilities accrue positive benefits Including Children With Disabilities in 34 CFR Part 200 when they are included in school State Assessment Programs accountability systems. Educators RIN 1810–AA95 The Individuals with Disabilities realize that these students also count, Education Act (IDEA), section 504 of the just like all other students; they Title I—Improving the Academic Rehabilitation Act of 1973, and title I understand that they need to make sure Achievement of the Disadvantaged require inclusion of all students with that these students learn to high levels, disabilities in the State assessment just like other students. When students AGENCY: Office of Elementary and system. Title I further requires that the with disabilities are part of the Secondary Education, Department of assessment results for all students (and accountability system, educators’ Education. all students with disabilities, among expectations for these students are more ACTION: Final regulations. other groups) who have been enrolled in likely to increase. a school for a full academic year be used One State explains the instructional SUMMARY: The Secretary amends the in calculating AYP for the school, and benefits of including students with the regulations governing the programs that the assessment results of students most significant cognitive disabilities in administered under title I, part A, of the who have been in a district for a full its assessment: ‘‘Some students with Elementary and Secondary Education academic year be used in calculating disabilities have never been taught Act of 1965 (ESEA). These regulations AYP for the district and the State. academic skills and concepts, for are needed to implement statutory System accountability should be just example, reading, mathematics, science, provisions regarding State, local that—accountability for everyone in the and social studies, even at very basic educational agency (LEA), and school system. Students with disabilities are a levels. Yet all students are capable of accountability for the academic part of the student body. Most of these learning at a level that engages and achievement of students with the most students spend the majority of their challenges them. Teachers who have significant cognitive disabilities and are time in general education classrooms, incorporated learning standards into needed to implement changes to title I and receive instruction from regular their instruction cite unanticipated of the ESEA made by the No Child Left classroom teachers. Regardless of where gains in students’ performance and Behind Act of 2001 (NCLB Act). students receive instruction, all students understanding. Furthermore, some with disabilities should have access to, individualized social, communication, DATES: These regulations are effective participate in, and make progress in, the motor, and self-help skills can be January 8, 2004. general curriculum. Thus, all students practiced during activities based on the FOR FURTHER INFORMATION CONTACT: with disabilities must be included in the learning standards.’’ (Concerns and Jacquelyn C. Jackson, Ed.D. Acting measurement of AYP toward meeting Questions about Alternate Assessment. Director, Student Achievement and the State’s standards. http://www.doe.mass.edu/mcas/atl/ School Accountability Programs, Office Several critical elements in title I as QabdC.doc. September 22, 2003). of Elementary and Secondary amended by the NCLB Act ensure that Too often in the past, students with Education, U.S. Department of schools are held accountable for disabilities were excluded from Education, 400 Maryland Avenue, SW., educational results, so that the best assessments and accountability systems, room 3W202, FB–6, Washington, DC education possible is provided to each and the consequence was that they did 20202–6132. Telephone: (202) 260– and every student. Three critical not receive the academic attention they 0826. elements—academic content standards, deserved. Access and exposure to the If you use a telecommunications academic achievement standards, and general curriculum for students with device for the deaf (TDD), you may call assessments aligned to those disabilities often did not occur, and the Federal Information Relay Service standards—provide the foundation for there was no systemwide measure to (FIRS) at 1–800–877–8339. an accountability system ensuring that indicate whether or what they were Individuals with disabilities may students with disabilities reach high learning. These regulations are designed obtain this document in an alternative standards. State assessments are the to ensure that schools are held format (e.g., Braille, large print, mechanism for determining whether accountable for the educational progress audiotape, or computer diskette) on schools have been successful in of students with the most significant request to the contact person listed teaching students the knowledge and cognitive disabilities, just as schools are skills defined by the content standards. under FOR FURTHER INFORMATION held accountable for the educational States are required to hold all students CONTACT. results of all other students with to the same standards except that these disabilities and students without SUPPLEMENTARY INFORMATION: These regulations permit States to measure the disabilities. regulations implement statutory achievement of students with the most provisions of title I of the ESEA, as significant cognitive disabilities based Regulatory Development amended by the NCLB Act (Pub. L. 107– on alternate achievement standards. In a notice of proposed rule making 110), enacted January 8, 2002. On March Only by including all students in (NPRM) published in the Federal 20, 2003, the Secretary published a accountability measures will certain Register (67 FR 50986) on August 6, notice of proposed rulemaking (NPRM) unintended negative consequences be 2002, the Secretary proposed a for title I programs in the Federal avoided. For example, we know from regulation to allow States to develop Register (68 FR 13796). The NPRM research that when students with and use alternate achievement standards proposed allowing States to adopt disabilities are allowed to be excluded for students with the most significant alternate achievement standards for from school accountability measures, cognitive disabilities for the purpose of children with the most significant the rates of referral of students for determining the AYP of States, LEAs, cognitive disabilities and include special education increase dramatically. and schools, provided that the number assessment scores based on those (See National Center for Educational of proficient scores based on the standards in title I adequate yearly Outcomes Synthesis 26: http:// alternate achievement standards progress (AYP) calculations. education.umn.edu/nceo/OnlinePubs/ included in AYP calculations, at the

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State and LEA levels separately, did not assessments administered during the nationally recognized professional and exceed 0.5 percent of all students in the 2002–2003 school year. Under that technical standards, apply to alternate grades assessed. However, because the transition policy, a State, in calculating assessments as well as to regular State comments indicated significant AYP for schools and districts, could use assessments. misunderstanding of the proposed rule, alternate achievement standards for Alternate assessments may be needed § 200.13 of title 34 of the Code of students with the most significant for students who have a broad variety of Federal Regulations, as adopted in the cognitive disabilities (subject to a 1.0 disabling conditions; consequently, a final regulations published in the percent cap) and also could use results State may employ more than one Federal Register (67 FR 71710) on from out-of-level assessments alternate assessment. An alternate December 2, 2002, did not allow any use (instructional level assessments). The assessment may be scored against grade- of alternate achievement standards for Department communicated this level standards, or, in the case of students with the most significant transition policy to States through the students with the most significant cognitive disabilities. State accountability system approval cognitive disabilities, against alternate In an NPRM printed in the Federal process as well as in a letter to each achievement standards. Therefore, all Register on March 20, 2003, the State. (See http://www.ed.gov/policy/ students taking an alternate assessment Secretary again proposed to amend the speced/guid/secletter/030627.html.) are included in calculations of AYP as title I regulations to allow States to either proficient (and above) or non- develop and use alternate achievement Key Concepts proficient. standards for students with the most The following paragraphs clarify the An alternate achievement standard is significant cognitive disabilities for the Department’s understanding of several an expectation of performance that purpose of determining the AYP of critical issues related to these differs in complexity from a grade-level States, LEAs, and schools. In the new regulations. They are: (1) Alternate achievement standard. These NPRM, the Secretary proposed that the assessments: (2) out-of-level regulations clarify that a State is number of proficient and advanced assessments; and (3) and the 1.0 percent permitted to use alternate achievement scores based on alternate achievement cap. standards to evaluate the performance of students with the most significant standards included in AYP calculations Alternate Assessments at the State and LEA levels, separately, cognitive disabilities and to give equal could not exceed 1.0 percent of all An alternate assessment is an weight to proficient and advanced students in the grades assessed at the assessment designed for the small performance based on the alternate State and the LEA levels, respectively. number of students with disabilities standards in calculating school, district, One percent of all students is who are unable to participate in the and State AYP, provided that the approximately 9.0 percent of students regular State assessment, even with number of proficient and advanced with disabilities. appropriate accommodations. An scores based on the alternate The March 20, 2003, NPRM included alternate assessment may include achievement standards does not exceed additional explanatory information on materials collected under several 1.0 percent of all students in the grades the purpose and intent of the proposed circumstances, including (1) teacher tested at the State or LEA level. The regulations. However, the comments on observation of the student, (2) samples Secretary may approve an exception for this NPRM, like those received on the of student work produced during a specified period of time for a State (or August 6, 2002, NPRM, indicated that regular classroom instruction that a State may approve a higher limit for there continued to be demonstrate mastery of specific an LEA.) misunderstandings about alternate instructional strategies in place of If a State chooses to create alternate assessments, alternate achievement performance on a computer-scored achievement standards, the State is not standards, and the intent and purpose of multiple-choice test covering the same limited to setting a single alternate the proposed regulations. Many content and skills, or (3) standardized achievement standard. If, however, the commenters continued to think that the performance tasks produced in an ‘‘on- State chooses to define multiple number of students with disabilities demand’’ setting, such as completion of alternate achievement standards, it must who could take an alternate assessment an assigned task on test day. To serve employ commonly accepted was being limited. The NPRM did not the purposes of assessment under title I, professional practices to define the propose limiting the number or an alternate assessment must be aligned standards; it must document the percentage of students who take an with the State’s content standards, must relationship among the alternate alternate assessment; rather, it proposed yield results separately in both reading/ achievement standards as part of its to limit the number of proficient and language arts and mathematics, and coherent assessment plan; and it must advanced scores based on alternate must be designed and implemented in include in the 1.0 percent cap proficient achievement standards that may be a manner that supports use of the results scores resulting from all assessments counted in the calculation of AYP. as an indicator of AYP. based on alternate achievement Being mindful of timing issues related As part of the State assessment standards. to these proposed regulations, the program, alternate assessments should Although the 1.0 percent cap is submission of State accountability have a clearly defined structure, applied to the number of proficient and plans, and State efforts to develop guidelines for which students may advanced scores that may be included assessments that better measure the participate, clearly defined scoring in AYP determinations, rather than the progress of students with disabilities criteria and procedures, and a report number of students taking an toward meeting State standards, as well format that clearly communicates assessment against alternate as the fact that some States already had student performance in terms of the achievement standards, this regulation administered out-of-level assessments academic achievement standards clarifies the Department’s position that (instructional level assessments) in the defined by the State. The requirements alternate achievement standards are 2002–2003 school year, the Secretary for high technical quality set forth in acceptable only for the small number of used his transitional authority to afford §§ 200.2(b) and 200.3(a)(1), including students with the most significant States flexibility in making AYP validity, reliability, accessibility, cognitive disabilities. In consideration determinations, based on data from objectivity, and consistency with of schools that, for example, are small

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schools or provide special services to teachers set high expectations for academic progress of these students and students with the most significant students with disabilities and that students with the most significant cognitive disabilities, the numerical cap understand the State’s academic content cognitive disabilities are assigned to a of 1.0 percent does not apply at the standards. The alternate achievement curriculum that is appropriately school level. This does not mean, standards associated with an out-of- challenging. however, that the use of alternate level assessment used for calculating The Secretary welcomes comments assessments aligned with alternate AYP must meet the requirements of and data from States and others about standards is unlimited at the school § 200.1(d) and students taking such how the regulations are working over level. For most schools, only a small assessments must be included in AYP time and may consider revising them in portion of students with disabilities— calculations. The achievement the future should the comments indicate those with the most significant cognitive standards associated with out-of-level a need to do so. In addition, the disabilities—should appropriately assessments may meet the alternate Department intends to issue a report on participate in an assessment based on achievement standards under § 200.1(d), the implementation of this regulation alternate achievement standards, and all only if they are aligned with the State’s after two years of implementation. As other students with disabilities should academic content standards, promote data and research on assessing students be assessed against grade-level access to the general curriculum, and with disabilities improve, the standards. In general, the Department reflect professional judgment of the Department may decide to issue expects that no more than 9.0 percent of highest achievement standards possible. regulations or guidance on other related students with disabilities will The results from those tests must be issues in the future. participate in an assessment based on included within the 1.0 percent cap for Significant Changes From the March 20, alternate achievement standards. the purposes of calculating AYP, 2003, NPRM The Department expects most because the achievement standards students with disabilities to participate associated with the content and skills Section 200.1 of NPRM proposed in the regular statewide assessment measured by out-of-level assessments defining ‘‘students with the most either without accommodations or with are clearly different from the significant cognitive disabilities’’ as appropriate accommodations that are achievement standards in the target students with disabilities under the consistent with the accommodations grade. IDEA whose intellectual functioning provided during regular instruction. Previous guidance from the and adaptive behavior are three or more Current § 200.6 requires that the IEP Department’s Office of Special standard deviations below the mean. team determine the accommodations Education Programs indicated that out- The regulations remove this definition, necessary to measure the academic of-level assessments were not alternate thereby giving States greater flexibility achievement of students with assessments. This new guidance, in applying the provisions for including disabilities relative to the State’s however, recognizes that out-of-level a limited number of proficient and academic content and achievement assessments that are administered to advanced scores based on alternate standards for the grade in which the students with the most significant achievement standards in calculating student is enrolled. Through the IEP cognitive disabilities and that meet the AYP. process, parents should be informed of requirements of § 200.1(d) may be At the same time, as described in the the potential consequences, if any, for considered to be alternate assessments discussion of comments related to their child if he or she participates in a aligned with alternate achievement § 200.6, the regulations require States to regular assessment with particular standards for the purposes of calculating implement a number of important accommodations, an alternate AYP. safeguards to ensure that this flexibility assessment based on grade-level will be used in an appropriate manner. 1.0 Percent Cap achievement standards, or an alternate Section 200.6 of the NPRM proposed assessment based on alternate Alternate achievement standards are allowing States to measure the achievement standards. (For example, a appropriate only for students with the achievement of students with the most parent should be informed if a State will most significant cognitive disabilities. significant cognitive disabilities against not allow a student to graduate with a The intent of the March 20, 2003, NPRM alternate achievement standards. In regular diploma if he or she takes an was not to create a separate category of doing so, it proposed requiring States to alternate assessment based on alternate disability and these regulations do not establish guidelines ensuring that only achievement standards.) do so; rather, the intent was to provide students with the most significant for a narrow population of children with cognitive disabilities are tested against Out-of-Level Assessments disabilities whose proficient and alternate standards including In order to improve instruction and advanced scores based on alternate establishing clear policies for achievement for all students with achievement standards may be included determining when alternate disabilities, the Department expects in AYP calculations. Although some achievement standards may be used. States to assess as many students as commenters argued that no limit should The regulations retain these provisions possible with academic assessments be imposed on the use of scores based while clarifying that a State is not aligned to regular achievement on alternate achievement standards in required to use alternate achievement standards. To achieve that goal and calculating AYP, the Secretary has standards. If it does, the regulations reduce use of out-of-level assessments, determined that a cap is warranted both establish these additional conditions States should work to implement fully to protect the interests of individual associated with their use: The State the IDEA Amendments of 1997, provide students (by providing an incentive for must ensure that parents are informed students access to the general schools to provide maximum learning their children will be assessed based on curriculum, develop universally opportunities to each student) and to alternate achievement standards, and designed assessments that measure protect the meaningful interpretation the State must report on the number and whether students with disabilities are and use of State assessment results for percentage of students with disabilities meeting the State’s challenging determining school, district, and State taking regular assessments (with or academic standards, and ensure that AYP. This will ensure that States, LEAs, without accommodations), alternate both special and regular education and schools are held accountable for the assessments based on grade-level

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achievement standards, and alternate against alternate achievement standards, even if that student’s score is assessments based on alternate and (2) that the alternate achievement determined to be in the group above the achievement standards. These standards embody challenging academic 1.0 percent cap and counted as non- regulations also require the State to expectations appropriate for those proficient for purposes of calculating promote the use of appropriate students who are assessed against them. AYP. accommodations, provide appropriate Section 200.13(c)(3) of the NPRM guidance to IEP teams, and provide proposed requiring a State, in Multiple Test Administration training for teachers and other staff in calculating AYP for the State and each The March 20, 2003, NPRM also the administration of assessments to LEA, to apply grade-level academic requested additional comments on children with the most significant content and achievement standards to § 200.20(c)(3) of the title I regulations cognitive disabilities. These assessment results of any students published in the Federal Register on requirements will encourage States to taking alternate assessments that December 2, 2002. Section 200.20(c)(3) decrease or eliminate out-of-level testing exceeded the percentage limitations. To provides that, if a student takes a State and other changes in the test that make the intent of this provision clearer, assessment for a particular subject or invalidate test results. we are revising § 200.13(c)(4) of these grade level more than once, the State Whereas the NPRM proposed regulations. First, § 200.13(c)(4)(i) must use the student’s results from the requiring reporting on the number and clarifies that a State must include the first administration to determine AYP. percentage of students with disabilities scores of all students with the most We are not changing § 200.20(c)(3). taking various types of assessments at significant cognitive disabilities who Through the approval of State the school and district levels, these have been in the LEA or State for a full accountability systems this year, we regulations only require reports about academic year in calculating AYP. It have been able to work with States to the types of assessments used for may not exclude the scores of students clarify the intent of these regulations students with disabilities at the State who exceed the percentage limitations and to implement these requirements in level. States also must document that in § 200.13(c)(1) through (3). Second, a manner consistent with their test students with the most significant § 200.13(c)(4)(ii) requires the State to administration policies. We believe cognitive disabilities are, to the extent count as non-proficient, the scores of these regulations offer more flexibility possible, included in the general any such students who exceed the than commenters understood at the time curriculum and participating in percentage limitations in calculating of the March 20, 2003, NPRM, and that assessments aligned with content AYP. In other words, the State must it is not necessary to change standards. The Department’s Office of count the scores of these students as not § 200.20(c)(3). Special Education Programs, in its proficient, even if some or all of the regular monitoring, may examine this students achieved proficiency on the Analysis of Comments and Changes documentation and the Office of alternate achievement standards. Non- In response to the Secretary’s Elementary and Secondary Education proficient scores are any scores below invitation in the NPRM, approximately may review data during its peer review proficient, as determined by the State 100 parties submitted comments on the process for standards and assessments. accountability plan. proposed regulations. An analysis of the In addition, States using alternate Because the scores of all students comments and of the changes in the achievement standards must promote must be included, if an LEA or State regulations since publication of the the use of appropriate accommodations educational agency (SEA) exceeds their NPRM is published as an appendix at in order to increase the numbers of cap, § 200.13(c)(4)(iii) requires the State the end of these regulations. students with disabilities who can be to determine which proficient scores are tested against grade-level academic counted as non-proficient in the LEAs Executive Order 12866 achievement standards. These and schools responsible for students We have reviewed these final regulations promote the use of who took alternate assessments aligned regulations in accordance with appropriate testing practices through the to alternate achievement standards. The Executive Order 12866. Under the terms dissemination of information about State has flexibility in determining how of the order, we have assessed the accommodations for regular assessments to do this. potential costs and benefits of this and ensure that relevant staff know how Section 200.13(c)(4)(iv) through (v) regulatory action. to administer assessments to students has been added. Section 200.13(c)(4)(iv) The potential costs associated with with disabilities. clarifies that, in calculating AYP, a State these regulations are those we have Section 200.13 of the NPRM proposed must be consistent in its use of the determined to be necessary for providing that the Secretary could scores of students with the most administering the requirements of the permit a State—and a State could permit significant cognitive disabilities. For statute effectively and efficiently. an LEA—to exceed the 1.0 percent cap example, if there are such students in an In assessing the potential costs and on the number of proficient and LEA who score at the proficient level on benefits—both quantitative and advanced scores based on alternative the State’s alternate assessment but who qualitative—of these regulations, we achievement standards that can be exceed the 1.0 percent cap, and the have determined that the benefits of the included in AYP calculations if the State has not granted the LEA an regulations justify the costs. State or LEA, as applicable, establishes exception, the State may not count those We have also determined that this that the incidence of students with the students as proficient in determining regulatory action does not unduly most significant cognitive disabilities AYP at the school, LEA, or State level. interfere with State, local, and tribal exceeds the limit and if the agency Moreover, the State must also count governments in the exercise of their documents circumstances that explain their scores as not proficient in the other governmental functions. the higher percentage. These regulations subgroups to which they belong. Section retain these provisions but add further 200.13(c)(4)(v), however, emphasizes Regulatory Flexibility Act requirements to ensure (1) that students that the State must ensure that parents The Secretary certifies that these who should be assessed against grade- are informed of the actual achievement regulations would not have a significant level standards with appropriate level that a student with the most economic impact on a substantial accommodations are not being assessed significant cognitive disabilities attains, number of small entities.

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These provisions require States and documents published in the Federal provided in paragraph (d) of this LEAs to take certain actions to improve Register, in text or Adobe Portable section; student academic achievement. The Document Format (PDF) on the Internet * * * * * Department believes that these activities at the following site: http:// (d) Alternate academic achievement will be financed through the www.ed.gov/news/fedregister. standards. For students under section appropriations for title I and other To use PDF you must have Adobe 602(3) of the Individuals with Federal programs and that the Acrobat Reader, which is available free Disabilities Education Act with the most responsibilities encompassed in the law at this site. If you have questions about significant cognitive disabilities who and regulations will not impose a using PDF, call the U.S. Government take an alternate assessment, a State financial burden that States and LEAs Printing Office (GPO), toll free, at 1– may, through a documented and will have to meet from non-Federal 888–293–6498; or in the Washington, validated standards-setting process, resources. DC, area at (202) 512–1530. define alternate academic achievement Paperwork Reduction Act of 1995 Note: The official version of this document standards, provided those standards— is the document published in the Federal (1) Are aligned with the State’s The Paperwork Reduction Act of 1995 Register. Free Internet access to the official academic content standards; does not require you to respond to a edition of the Federal Register and the Code (2) Promote access to the general collection of information unless it of Federal Regulations is available on GPO curriculum; and displays a valid Office of Management Access at: http://www.gpo.access.gov/nara/ (3) Reflect professional judgment of and Budget (OMB) control number. index.html. the highest achievement standards Section 200.6 of the proposed possible. regulation contained an information (Catalog of Federal Domestic Assistance Number: 84.010 Improving Programs * * * * * collection requirement. Under the Operated by Local Educational Agencies.) ■ Paperwork Reduction Act of 1995 (44 3. In § 200.6, revise paragraph (a)(2)(ii) and add new paragraph (a)(2)(iii) to read U.S.C. 3507(d)), the Department of List of Subjects in 34 CFR Part 200 Education submitted a copy of this as follows: Administrative practice and section to the Office of Management and § 200.6 Inclusion of all students. Budget (OMB) for its review as part of procedure, Adult education, Children, Education of children with disabilities, * * * * * the paperwork collection titled ‘‘State (a) * * * educational agency, local educational Education of disadvantaged children, Elementary and secondary education, (2) * * * agency, and school data collection and (ii)(A) Alternate assessments must Eligibility, Family-centered education, reporting under ESEA, Title I, Part A’’. yield results for the grade in which the Grant programs—education, Indian These regulations remove the student is enrolled in at least reading/ education, Institutions of higher requirement that LEAS and schools language arts, mathematics, and, education, Local educational agencies, report data and replace them with a beginning in the 2007–2008 school year, Nonprofit private agencies, Private requirement that States report data as science, except as provided in the schools, Public agencies, Reporting and part of their report to the Secretary following paragraph. required under section 1111(h)(4) of recordkeeping requirements, State- (B) For students with the most title I. The Department is currently administered programs, State significant cognitive disabilities, working on a separate paperwork educational agencies. alternate assessments may yield results package (1820–0624), covering the Dated: November 26, 2003. that measure the achievement of those 2002–2003 school year, which includes Rod Paige, students relative to the alternate the requirement in these regulations that Secretary of Education. academic achievement standards the States report data on the number of ■ The Secretary amends part 200 of title State has defined under § 200.1(d). students with disabilities taking regular 34 of the Code of Federal Regulations as (iii) If a State permits the use of and alternate assessments. This data follows: alternate assessments that yield results collection will not require States to based on alternate academic report data on the percentage of PART 200—TITLE I—IMPROVING THE achievement standards, the State must— students with disabilities taking regular ACADEMIC ACHIEVEMENT OF THE (A)(1) Establish and ensure and alternate assessments for the 2002– DISADVANTAGED implementation of clear and appropriate 2003 school year. However, the guidelines for Individualized ■ Department can calculate the 1. The authority citation for part 200 Educational Program (IEP) teams to percentages based on the data that is continues to read as follows: apply in determining when a child’s included in 1820–0624. States will Authority: 20 U.S.C. 6301 through 6578, significant cognitive disability justifies report on the percent of students with unless otherwise noted. assessment based on alternate academic disabilities taking regular and alternate ■ 2. In § 200.1, revise paragraph (a)(1), achievement standards; and assessments will take place for school redesignate paragraphs (d) and (e) as (e) (2) Ensure that parents of those year 2003–2004. It will be included as and (f), and add new paragraph (d) to students are informed that their child’s part of an existing paperwork package read as follows: achievement will be based on alternate submitted at that time. achievement standards; and § 200.1 State responsibilities for (B) Report separately, under section Executive Order 12372 developing challenging academic 1111(h)(4) of the ESEA, the number and These regulations are not subject to standards. percentage of students with disabilities the requirements of Executive Order (a) * * * taking— 12372 and the regulations in 34 CFR (1) Be the same academic standards (1) Alternate assessments based on the part 79. that the State applies to all public alternate academic achievement schools and public school students in standards defined under § 200.1(d); Electronic Access to This Document the State, including the public schools (2) Alternate assessments based on the You may view this document, as well and public school students served under academic achievement standards as all other Department of Education subpart A of this part, except as defined under § 200.1(c); and

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(3) Regular assessments, including a State if the following conditions are Section 200.1 State Responsibilities for those administered with appropriate met: Developing Challenging Academic Standards accommodations. (i) The SEA documents that the (C) Document that students with the incidence of students with the most Comment: Several commenters noted that most significant cognitive disabilities proposed language requiring ‘‘a documented significant cognitive disabilities exceeds and validated standards-setting process [to] are, to the extent possible, included in 1.0 percent of all students in the grades the general curriculum and in define achievement standards that * * * assessed. reflect professional judgment of the highest assessments aligned with that (ii) The SEA explains why the learning standards possible for those curriculum; students’’ seems to be more rigorous than the (D) Develop, disseminate information incidence of such students exceeds 1.0 percent of all students in the combined process required for general assessments. on, and promote use of appropriate Discussion: Title I, as amended by the accommodations to increase the number grades assessed, such as school, NCLB Act, requires that, for the general of students with the most significant community, or health programs in the assessment, States establish challenging cognitive disabilities who are tested State that have drawn large numbers of academic content standards that contain against grade-level academic families of students with the most rigorous content and encourage the teaching of advanced skills, and challenging student achievement standards; and significant cognitive disabilities, or such a small overall student population that achievement standards that determine how (E) Ensure that regular and special well students are mastering this content. education teachers and other it would take only a very few students with such disabilities to exceed the 1.0 States must create the achievement standards appropriate staff know how to with all students in mind, so that they are administer assessments, including percent cap. realistic for a wide variety of individuals. making appropriate use of (iii) The SEA documents that it is The standards should represent a consensus accommodations, for students with the fully and effectively addressing the among experienced teachers, parents, and most significant cognitive disabilities. requirements of § 200.6(a)(2)(iii). other appropriate individuals regarding the performance expected after appropriate * * * * * (3)(i) A State may grant an exception student effort in a challenging instructional ■ 4. In § 200.13, revise the introductory to an LEA permitting it to exceed the 1.0 program. In addition, the law calls for all text of paragraph (b) and paragraph percent cap in paragraph (c)(1) of this schools and districts to attain the long-range (b)(1), redesignate paragraph (c) as section only if the State evaluates the goal of all students becoming proficient by paragraph (d), and add new paragraph (c) LEA’s request using conditions 2013–14, thereby eliminating existing to read as follows: consistent with paragraph (c)(2) of this achievement gaps. For a school, the challenge section. is to enable all students to meet this 200.13 Adequate yearly progress in achievement standard. general. (ii) The State must review regularly Students with the most significant whether an LEA’s exception to the 1.0 cognitive disabilities who participate in an * * * * * percent cap is still warranted. alternate assessment are entitled to the same (b) A State must define adequate deliberate approach to defining achievement yearly progress, in accordance with (4) In calculating adequate yearly standards that represent a rigorous but §§ 200.14 through 200.20, in a manner progress, if the percentage of proficient realistic challenge for this heterogeneous that— and advanced scores based on alternate group of students and a challenging long- (1) Applies the same high standards of academic achievement standards under range goal for their school and district. The academic achievement to all public § 200.1(d) exceeds the caps in paragraph use of ‘‘highest learning standards possible’’ school students in the State, except as (c)(1) through (3) of this section at the is intended to reflect that the alternate State or LEA level, the State must do the achievement standards should be no less provided in paragraph (c) of this challenging for students with the most section; following: significant cognitive disabilities than the * * * * * (i) Consistent with § 200.7(a), include standards set for all other students. (c)(1) In calculating adequate yearly all scores of students with the most Change: None, except that we have deleted progress for schools, LEAs, and the significant cognitive disabilities. the phrase, ‘‘for those students,’’ as it was State, a State— redundant. (ii) Count as non-proficient the Comment: Some commenters expressed (i) Must, consistent with § 200.7(a), proficient and advanced scores above confusion regarding the need for include the scores of all students with the caps in paragraph (c)(1) through (3) achievement standards that are aligned with disabilities, even those with the most of this section. the State’s academic content standards. They significant cognitive disabilities; but (iii) Determine which proficient questioned what it means for alternate achievement standards to be aligned with the (ii) May include the proficient and scores to count as non-proficient in advanced scores of students with the content standards when children with the schools and LEAs responsible for most significant cognitive disabilities are not most significant cognitive disabilities students who take an alternate based on the alternate academic working on the same content as their peers. assessment based on alternate Discussion: Alternate achievement achievement standards in § 200.1(d), achievement standards. standards must be aligned with the State’s provided that the number of those (iv) Include those non-proficient academic content standards, promote access students who score at the proficient or to the general curriculum, and reflect advanced level on those alternate scores in each applicable subgroup at professional judgment of the highest learning achievement standards at the LEA and the school, LEA and State level. standards possible for the group of students at the State levels, separately, does not (v) Ensure that parents are informed with the most significant cognitive exceed 1.0 percent of all students in the of the actual academic achievement disabilities. In practice, alignment with the grades assessed in reading/language arts levels of their students with the most State’s academic content standards means and in mathematics. significant cognitive disabilities. that the State has defined clearly the connection between the instructional content (2) An SEA may request from the Appendix—Analysis of Comments and appropriate for non-disabled students and Secretary an exception permitting it to Changes the related knowledge and skills that may exceed the 1.0 percent cap. The serve as the basis for a definition of proficient Secretary will consider granting, for a Note: The following appendix will not achievement for students with the most specified period of time, an exception to appear in the Code of Federal Regulations. significant cognitive disabilities. One State,

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for example, has developed a curriculum on IEP goals rather than performance against achievement standards are not used as a framework for students with the most an additional set of standards. loophole to evade accountability for significant cognitive disabilities that moves Discussion: IEP goals address a broad range unwarrantedly large numbers of students from grade-level expectations to of individualized instructional needs as well with disabilities. At the same time, the progressively less complex versions of the as behavioral and developmental goals. Title Secretary believes there are other safeguards standard. This continuum of ‘‘entry points’’ I, as amended by the NCLB Act requires that that States adopting alternate achievement provides a range of options at which a schools be accountable for student standards should establish to ensure that the student with disabilities can access the achievement only in the content areas of flexibility to use alternate achievement content at an appropriately challenging level. reading/language arts and mathematics and standards for a small population of students It lists, for example, the following skills for requires assessment of all students in these with disabilities is exercised appropriately grade 3 through 4 content standards under essential skill areas. To the maximum extent and is not abused. Mathematics Operations: ‘‘Select, use and possible, the IEP should provide for student Change: The definition in proposed explain various meanings and models of access to, and participation and progress in, § 200.1(d)(2) is removed from the final multiplication and the division of whole the general curriculum. Students with the regulations. New provisions have been added numbers. Understand and use the inverse most significant cognitive disabilities can in § 200.6(a)(2)(iii) (C), (D), and (E) requiring relationship between the two operations.’’ address many of their IEP goals using States that are using alternate achievement The State’s standards document also materials and activities that are related to the standards to: (1) Document that students with identifies the essence of the standard in State’s reading/language arts and the most significant cognitive disabilities are several brief statements, e.g., understand the mathematics standards. To ensure that included in the general curriculum to the meaning of multiplication and division; and schools are accountable for this group of extent possible and are participating in represent multiplication and division students, they must be included in the assessments aligned with that curriculum; (2) problems concretely. The State then provides assessment and accountability systems. In develop, disseminate information on, and several illustrations of the knowledge and order to make confident accountability promote the use of appropriate skills appropriate for use in the alternate determinations for schools based on student accommodations; (3) ensure that regular and assessment. These range from less complex, achievement, including the achievement of special education teachers and other ‘‘Illustrate the concept of multiplication students with the most significant cognitive appropriate staff know how to administer using groups of objects,’’ to more complex disabilities, alternate achievement standards assessments to students with the most knowledge that approaches grade-level must ensure consistency in the judgments significant cognitive disabilities; and (4) expectations such as ‘‘Identify the made about the schools rather than relying ensure that parents are informed that their commutative property of addition and on measures that do not permit consistent child is going to be measured against multiplication using number sentences (3 × judgments using comparable measures of alternate achievement standards. 5 = 5 × 3).’’ See http://www.doe.mass.edu/ achievement across all students. In addition Comment: Several commenters indicated mcas/alt/rg/math.doc. to reporting student successes relative to the concern that, because the term ‘‘students The alternate achievement standards may achievement standard, well-designed with the most significant cognitive include prerequisite or enabling skills that assessments will also show student progress disabilities’’ introduces new terminology, it are part of a continuum of skills that over time. suggests a new category of disability. culminate in grade-level proficiency. The use Change: None. Discussion: The intent of the March 20, of alternate achievement standards, however, Comment: Many commenters objected to 2003, NPRM was not to create a new category must not result in inappropriate placements proposed § 200.1(d)(2) that would define of disability. Rather, the Secretary intended or assignment of students to a curriculum ‘‘students with the most significant cognitive the term ‘‘students with the most significant that does not include academic content. disabilities’’ as those ‘‘who have been cognitive disabilities’’ to include that small Change: None. identified as students with disabilities under number of students, who are (1) within one Comment: One commenter recommended IDEA and whose intellectual functioning and or more of the 13 existing categories of that § 200.1 be revised to require States to adaptive behavior are three or more standard disability (e.g. autism, multiple disabilities, develop alternate achievement standards deviations below the mean.’’ Some traumatic brain injury, etc.), and (2) whose rather than making this authority permissive commenters objected to the definition’s cognitive impairments may prevent them Discussion: Section 1111(b)(1) of title I implicit reliance on IQ test scores. Others from attaining grade-level achievement requires a State to adopt challenging student expressed concern that the definition is standards, even with the very best achievement standards and to apply the same inconsistent with the 1.0 percent cap. instruction. standards ‘‘to all schools and children in the Discussion: The Secretary agrees with the Change: None. State.’’ The Secretary acknowledges, commenters on both issues. He is concerned Comment: Several commenters expressed however, that, while all children can learn that the proposed definition would have concern that the 1.0 percent cap would challenging content, evaluating that learning placed unwarranted reliance on an IQ test to unnecessarily limit access of some students through alternate achievement standards is determine three standard deviations below with disabilities to alternate assessments. appropriate for a small, limited percentage of the mean. Moreover, he acknowledges that it Discussion: The intent of the NPRM was students who are within one or more of the was inconsistent to set a 1.0 percent cap not to restrict students with disabilities from existing categories of disability, and whose while defining students with the most taking alternate assessments when that is cognitive impairments may prevent them significant cognitive disabilities as those appropriate. The NPRM and this regulation from attaining grade-level achievement three standards deviations below the mean. only address the inclusion of scores for AYP standards. Therefore, these regulations A student may be appropriately assessed on calculations. The intent was to provide for a permit States to measure the achievement of the basis of alternate achievement standards narrow population of children with a limited percentage of students—those with even if the child’s intellectual functioning disabilities whose achievement on alternate the most significant cognitive disabilities— and adaptive behavior are fewer than three assessments is more appropriately measured against challenging but alternate achievement standard deviations from the mean. The by alternate achievement standards. The standards. Based on the statutory language, definition in the NPRM thus restricted the regulations permit the proficient and the Secretary does not have the authority to use of alternate achievement standards to a advanced scores of those students (limited to require a State to adopt alternate more narrowly defined group of students 1.0 percent of the total population of students achievement standards. The Secretary’s than many educators feel appropriate based in the grades assessed for States and LEAs) interest, however, is in ensuring that if a on their professional experience. As a result, to be included in the calculation of AYP, State adopts such standards, they are the Secretary is removing the proposed even though their proficient and advanced rigorous and used only for those students for definition. Removing the definition while scores are based on alternate standards. The whom they are appropriate. maintaining the 1.0 percent cap gives States Secretary developed this policy to ensure Change: None. and LEAs more latitude in identifying the that States, LEAs, and schools are held Comment: Two commenters indicated a population that should appropriately be accountable for the progress of all students desire for flexibility that would permit evaluated against alternate achievement and that students with disabilities— individual students to show progress based standards, while ensuring that alternate particularly students with the most

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significant cognitive disabilities—are not skills that is comparable to the evidence Change: None. inappropriately assigned to a curriculum that provided by results from the regular Comment: One commenter suggested that is not appropriately challenging in order to standards-based State assessment. the alternate assessment requirement be avoid accountability consequences. For a very small group of students with the delayed until 2007–08 to give States time to Change: None. most significant cognitive disabilities, develop alternate assessments. Comment: Some commenters indicated alternate achievement standards are Discussion: States have received ample that the proposed regulations would require appropriate. These alternate achievement notification of this requirement and should new recordkeeping for students with the standards must reflect a set of expectations now have alternate assessments in place. most significant cognitive disabilities. for students with the most significant Under IDEA, States were required to Discussion: By eliminating the proposed cognitive disabilities consistent with the implement an alternate assessment as of July definition of students with the most State content standards in reading/language 1, 2000. The Office of Elementary and significant cognitive disabilities, these arts and mathematics. Secondary Education notified States in regulations should alleviate the concerns of Change: None. spring 2000 that title I requires that all commenters who were worried about the students with disabilities be included in need for additional documentation of Section 200.6 Inclusion of All Students State assessments, either with individual students’ disabling characteristics. Comment: Several commenters suggested accommodations or in an alternate The regulations, however, will require States that the proposed regulation conflicted with assessment as determined by their IEP team. to report separately on the number and the role of the IEP team in determining how Further, whatever assessment approach is percentage of students taking an alternate students with disabilities are assessed. taken, the scores of students with disabilities assessment based on either grade-level Specifically, commenters indicated that it is must be included in the assessment system achievement standards, or on alternate the responsibility of the IEP team to decide for purposes of public reporting and school achievement standards as well as taking which assessment students with disabilities and district accountability. regular assessments (including with take and whether students with disabilities Change: None. accommodations). States are already take an assessment based on alternate Comment: One commenter proposed that collecting and reporting on the numbers of achievement standards. Another commenter alternate assessments include functional life students with disabilities taking regular recommended that the IEP team develop the skills in addition to academic content. assessments and alternate assessments as a alternate assessments. Discussion: The purpose of alternate part of performance reporting under the IDEA Discussion: Under the IDEA, a student’s assessments under title I is to measure the as well as reporting the results under title I IEP team is responsible for determining how progress of schools in increasing the and IDEA. Requiring States to report that student participates in a State percentage of students who reach or exceed separately on the number of students taking assessment of student achievement. The IEP the proficient level on State academic alternate assessments measured against team is charged with determining whether performance standards. While States and alternate and regular achievement standards accommodations for the assessments LEAs have the authority to develop is necessary to ensure that alternate required under title I are needed by each assessments that measure the acquisition of functional life skills, such assessments are achievement standards are being used individual student to enable the student to not required by title I and are beyond the consistent with the limitation imposed by participate in the assessment. If the IEP team scope of these regulations. these regulations. determines that a student will not participate Change: None. Change: The regulations have been in the regular assessment (or part thereof), Comment: Several commenters requested amended to require that States report on the the team is required to identify why the that the regulation permit the use of out-of- number (in addition to percentage) of assessment is not appropriate for the child level assessments, although they disagreed students with disabilities taking alternate and how the child will be assessed, such as about whether out-of-level assessments assessments measured against regular and through an alternate assessment. IEP teams, should be considered as an assessment based alternate achievement standards, and the however, do not have complete discretion on alternate achievement standards or as number and percentage of students with regarding the assessment of students with another form of assessment for which disabilities taking regular assessments. disabilities. The team decides how a student additional flexibility should be permitted. Comment: One commenter suggested that participates, not whether the student Discussion: The NCLB Act is based on the some students should be assessed using an participates in the assessment at all. premise that holding States, LEAs and alternate assessment based on the same For State assessment programs under title schools to high expectations for the learning standards as all other students. I, the State is responsible for establishing the of all students can significantly improve the Discussion: An important purpose for State academic content and achievement educational attainment of all students. alternate assessments in State assessment standards against which all children in the Although these regulations recognize that systems is to increase the capacity of large- State will be assessed, including all students there is a small population of students with scale accountability systems to create with disabilities. In addition, under title I the disabilities who may not achieve grade-level information about how a school, district, or State is responsible for implementing a proficiency, we expect, and State experience State is doing in terms of overall student system of high-quality, yearly student indicates, that other students with performance. As States have gained academic assessments that are aligned with disabilities can achieve when they are held experience in developing assessment the State’s academic content standards, are to high expectations, provided full access to strategies for students with disabilities, it has valid and reliable for the purposes for which the general curriculum, and taught by become apparent that there can be several they are used, and are consistent with teachers highly qualified in the core kinds of alternate assessments. These may relevant, nationally recognized professional academic subjects that they teach. Under include different strategies for gathering and technical standards. Under the IDEA, the these regulations, out-of-level assessments information about what students know and State also is responsible for developing are considered to be alternate assessments can do; for example, (1) teacher observation guidelines for the participation of students based on alternate achievement standards to of the student, (2) collecting and scoring with disabilities in alternate assessments for which the cap in § 200.13(c) applies if they samples of student work produced during those students who cannot participate in the are based on alternate achievement standards regular classroom instruction that regular State assessments. Thus, for that meet the requirements of § 200.1(d). If demonstrates mastery of specific assessments under title I, the IEP team the out-of-level assessment does not meet instructional strategies, in place of operates in an environment in which the those requirements, it is not an alternate performance on a computer scored multiple academic content and achievement standards assessment measuring alternate achievement choice test covering the same content and and assessments are set by the State, the standards. skills, or (3) student work produced in an technical qualities of the State assessments Change: None. ‘‘on-demand’’ setting such as completion of are well established, (including whether an assigned task on test day. Such variations accommodations are valid and do not Section 200.13 Adequate Yearly Progress are permissible under title I as long as the invalidate test results on all or part of the in General State can to document that the results assessment), and the State has guidelines Comment: Numerous comments were provide evidence of student knowledge and regarding eligibility for alternate assessments. received on the proposed cap on the

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percentage of proficient assessment scores State data reported to the Department proficient on alternate assessments based on based on alternate achievement standards under IDEA also support the 1.0 percent cap. alternate achievement standards may prove that may be included in the calculation of Of the 38 States for which sufficient data are unworkable at a school level and not be in AYP. Some commenters said the cap was too available, 21 States reported 5.0 percent or the best interests of those students. high; others said the cap was too low; some less of students with disabilities who The actual enrollment of students who are said the 1.0 percent cap was appropriate; and participated in the State assessment program appropriately assessed with the alternate still others said there should be no cap at all. took an alternate assessment. (Five percent of assessment based on alternate achievement Discussion: The 1.0 percent cap does not students with disabilities is roughly standards may not be evenly distributed restrict the number of students who may equivalent to 0.5 percent of all students.) In across a district. One school may have 2.0 participate in an alternate assessment. It does 14 other States, between 5.0 and 10.0 percent percent of its students score proficient or limit the number of proficient and advanced of students with disabilities participated in better on an alternate assessment based on scores based on alternate achievement State assessment programs through an alternate achievement standards, while standards that may be used in the calculation alternate assessment (Analysis of 2000–2001 another school may not have even a single of AYP. A limit is required in order to ensure Biennial Performance Reports, National student assessed using alternate achievement a thoughtful application of alternate Center for Educational Outcomes). In these standards. The flexibility offered by the achievement standards and to protect IEP States, students with disabilities comprise Secretary in these regulations is meant to teams from pressure to assign low-performing approximately 8.0 to 12.0 percent of the total accommodate such distributions. Working students to assessments and curricula that student population (IDEA Annual Report to through the IEP development process, the are inappropriately restricted in scope, thus Congress, 2001). district should determine how best to ensure limiting educational opportunity for these The 1.0 percent cap is the limit on the that students with the most significant students. number of proficient or advanced scores cognitive disabilities participate in the These regulations maintain the 1.0 percent based on alternate achievement standards general curriculum, are assessed cap that was included in the proposed that may count as proficient or advanced for appropriately, and, quite importantly, are regulation. Specifically, § 200.13(c)(1) accountability purposes at the LEA and SEA provided with an education in the least permits States to use results from levels. Consequently, in cases where the restrictive environment. assessments aligned to alternate achievement number of students taking an alternate All scores based on alternate achievement standards for students with the most assessment based on alternate achievement standards must be included in school, LEA, significant cognitive disabilities in standards exceeds 1.0 percent, it may not be and State AYP calculations. An individual calculating AYP. A State may include the necessary to apply for a higher cap. For student’s results from such assessments are proficient and advanced scores of students example, if 1.0 percent equals 200 students counted in all appropriate subgroups. with the most significant cognitive and 400 students are assessed with an Consequently, in those circumstances when disabilities based on the alternate academic alternate assessment based on alternate a district has more than 1.0 percent of its achievement standards in § 200.1(d), achievement standards, but only half of the students score proficient or advanced on an provided that the number of those students students assessed are ‘‘proficient,’’ the LEA alternate assessment based on alternate who score at the proficient or advanced level would not exceed the cap. achievement standards, the State must on those alternate achievement standards at In summary, the Secretary believes that the determine which proficient scores are the LEA and at the State levels, separately, 1.0 percent cap is consistent with disability counted as non-proficient at schools in the does not exceed 1.0 percent of all students incidence rates and the States’ use of district responsible for students who took an in the grades assessed. Nationally, 1.0 alternate assessments. It provides sufficient alternate assessment based on alternate percent of students in the grades assessed flexibility for States to measure the achievement standards. This ensures that represent approximately 9 percent of achievement of students with the most schools do not have an incentive to students with disabilities, but the actual significant cognitive disabilities for inappropriately increase the number of percent varies across States. Section accountability purposes, while meeting the students assessed with an assessment based 200.13(c)(2) permits States to request a spirit and intent of the law that all students on alternate achievement standards. To slightly higher cap if the State is able to meet be held to high standards. implement this process, each student’s score the criteria and documentation requirements Change: None. used for calculating AYP must remain the set forth in this section. Comment: None. same at each level of the educational In the discussion of the March 20, 2003, Discussion: If a State chooses not to use system—school, district, and State, and for proposed rule, we noted that the 1.0 percent alternate achievement standards, it must still each group and subgroup of which the cap was based on current prevalence rates of incorporate the assessment scores of all student is a member for which AYP is students with the most significant cognitive students with disabilities in AYP calculated. However, regardless of how an disabilities, allowing for reasonable local determinations, including those with the individual student’s score is treated in AYP variation in prevalence. In addition, we cited most significant cognitive disabilities. calculations, the parent must be informed of converging scientific evidence from multiple Change: Section 200.13(c)(1)(i) has been the actual academic achievement level sources that indicated that the prevalence added to clarify this requirement. earned by the student. rates of students with the most significant Comment: A number of commenters raised The LEA is responsible for managing this cognitive disabilities were somewhat less questions about how the 1.0 percent cap process at the local level in three ways. First, than 1.0 percent. We also noted that these would work in practice and how it would be the LEA must provide information to school numbers are generally seen as reflecting applied at the LEA and State levels. In personnel and IEP teams about the state national rates, and, as a number of particular, there were questions about what assessment, the use of accommodations, and commenters on the August 6, 2002, NPRM effect this limitation would have on schools assessment against alternate achievement pointed out, may not account for more and their AYP calculations. standards. State guidelines for use of localized differences, caused by a number of Discussion: The cap applies at the State alternate achievement standards should be factors. Factors beyond the control of a and LEA levels, but not at individual schools, communicated to local schools early in the school, school district, or even a State may and is based on the number of students school year to ensure consistency between cause the number of students with the most enrolled in the grade(s) tested. Some districts instruction and assessment and to prevent significant cognitive disabilities to exceed a may deliver special services for students with confusion at the time of test administration. national average percentage of the total the most significant cognitive disabilities in A reasonable expectation is that, in most student population at the grades assessed. one or a few schools. Additionally, the cases, about 9 percent of the students For example, in small schools, a single enrollment patterns of students across receiving special education services would student may be more than that limit would districts may not result in an even be tested against alternate achievement allow. Moreover, certain schools, districts, or distribution of students with the most standards, unless a school provides special States may have disproportionate numbers of significant cognitive disabilities among services to students with the most significant students with the most significant cognitive schools, even if there are not special centers disabilities or is particularly small. An LEA disabilities because of proximity to special for these students. In these cases, a limitation may choose to provide individual schools facilities or services. on the number of students who may score with preliminary estimates of the number of

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students to be tested against alternate procedures for allocating the scores among its General Comments achievement standards based on the schools. One State might identify a particular Comment: One commenter said that the characteristics of the school’s student method that all districts would use. Another proposed rule should be subject to negotiated population and existing State guidelines for State might permit districts to select among rulemaking. participation. Second, the LEA should ensure several methods approved by the State. Discussion: The statutory requirements for appropriate staff receive training to support If a State requests an exception to the 1.0 negotiated rulemaking apply to regulations sound IEP decisions about which students percent cap, the Secretary believes that the initially implementing the NCLB Act, not to participate in an alternate assessment based State should be able to document that it is subsequent regulatory amendments such as on alternate achievement standards. These fully and effectively implementing the those contained in these regulations. The decisions should always be made on a case- procedural safeguards set out in Secretary previously issued regulations for by-case basis and should support access to § 200.6(a)(2)(iii), as a means of showing that standards and assessments through a the most challenging curriculum possible for it is appropriately including students with negotiated rulemaking process. (See 34 CFR the individual student. Finally, the LEA disabilities in its assessment system. Because part 200). should monitor implementation of of these safeguards, the Secretary expects that Change: None. assessments based on alternate achievement it will be necessary to grant exceptions only Comment: Several commenters standards in schools throughout the district for small increments above the 1.0 percent recommended that the Department closely to ensure that alternate achievement cap. monitor the cap to ensure it is being used standards are being used in a manner Change: Section 200.13(c)(2)(iii) has been appropriately. consistent with the best instructional added, requiring a State requesting an Discussion: The Secretary agrees with the practices known for students with the most exception to the cap to document that it is importance of monitoring State and LEA significant cognitive disabilities. fully and effectively addressing the implementation of these requirements as they These regulations provide new flexibility procedural safeguards of § 200.6(a)(2)(iii). relate to students with disabilities. The to LEAs and schools and will increase the Section 200.13(c)(4)(iv) now includes a Department’s Office of Special Education number of schools and LEAs that can make provision that requires States to apply the Programs and the Student Achievement and AYP. If an LEA manages the process well, academic achievement level (e.g., advanced, School Accountability Programs office in the AYP determinations should withstand appeal proficient, basic) of students with the most Office of Elementary and Secondary under the State’s accountability system. If an Education will coordinate their efforts in LEA does not manage the cap well, however, significant cognitive disabilities consistently in calculating AYP for the State, LEA, and monitoring States for these requirements, and and permits schools to assess an will establish internal mechanisms to share inappropriately large number of students school. A new § 200.13(c)(4)(i)–(iii) has been added to explain that States must determine student achievement data and other pertinent with an alternate assessment aligned to information necessary to assess States’ alternate achievement standards, the LEA which proficient scores that exceed the cap must count as non-proficient in calculating progress in this area. In addition, the may significantly exceed the cap and, thus, Secretary believes that it is crucial that SEAs a large number of non-proficient scores AYP in LEAs and schools responsible for students who take an alternate assessment closely monitor how districts are using the would have to be allocated among the 1.0 percent cap both generally and schools that administered the alternate based on alternate achievement standards. Comment: Several commenters expressed specifically in the case of an LEA that assessment aligned with alternate receives an exception to the 1.0 percent cap. concern that a school with the capacity to achievement standards. This would Change: A new provision is added in provide effective services for students with potentially create negative consequences for § 200.13(c)(3)(ii) that requires States to the most significant cognitive disabilities schools that administer the alternate review annually whether an LEA’s exception may suffer negative consequences as a result assessment. States should ensure that these to the 1.0 percent cap is still warranted. regulations are implemented appropriately of exceeding the 1.0 percent cap. throughout the State to ensure schools Discussion: The 1.0 percent cap on Section 200.20(c)(3) benefit from this new flexibility. proficient and advanced scores based on Comment: Several commenters suggested The following example illustrates how the alternate achievement standards applies that States be able to determine which policy works in practice. As determined by specifically at the State and district levels, administration of an assessment counts for its cap, a district may count for AYP although scores must be treated the same for AYP purposes, and in cases where a purposes no more than 100 students scoring AYP purposes at the State, district and particular assessment is given more than at proficient or advanced on an alternate school levels. An extraordinarily effective once, the best result from students should be assessment based on alternate achievement school that draws students from across the used for determining AYP. scores. If this district has 150 students district, or from outside the district may Discussion: States have the authority and scoring at proficient or advanced on an exceed the limit so long as the total number responsibility to design assessments that alternate assessment based on alternate of proficient and advanced scores based on measure what students should know and be achievement scores, and has not received an alternate achievement standards does not able to do at a given point in their schooling. exception from the State to exceed the 1.0 exceed the 1.0 percent cap within the States have an expectation, as evident in the percent cap, it must (1) count the excess 50 district. The LEA has considerable discretion assessments, for when students should learn scores as non-proficient, and (2) determine to accommodate such schools in determining the content standards. Accordingly, for AYP which proficient and advanced scores will be how to meet the 1.0 percent cap at the LEA purposes States must count the assessment considered not proficient because they level. The responsibility for establishing results that reflect when they expect all exceed the district’s 1.0 percent cap when guidelines to inform local practice and for students to have learned the content determining AYP for schools responsible for monitoring the use of alternate achievement standards. In other words, the ‘‘first students who took the alternate assessment standards for AYP rests with the State and administration’’ is the first time an aligned with alternate achievement LEA. This responsibility is consistent with assessment is officially administered to standards. To illustrate further, in this the typical organization of special education measure a student’s achievement of the particular district there are four schools programs at the State and district levels. State’s content standards in the grade or responsible for students who take alternate Change: None. subject for which the State expects the assessments aligned to alternate achievement Comment: None. student to have achieved proficiency of those standards. Discussion: The Secretary was concerned standards. Scores from this first official • In school A, there are 50 proficient scores that these regulations may lead to confusion administration must be used for calculating • In school B, there are 50 proficient scores between the use of scores based on alternate AYP. Students who have scored at proficient • In school C, there are 25 proficient scores achievement standards in AYP calculations, or higher on assessments taken earlier than • In school D, there are 25 proficient scores and reporting results to parents. the first official administration, however, The LEA needs to determine which 50 of Change: The regulation clarifies in may ‘‘bank’’ those scores, and would not the 150 ‘‘proficient’’ scores will be counted § 200.13(c)(4)(v) that regardless of how a have to retake the test at a later date. as ‘‘non-proficient’’ at schools A, B, C and/ score is used for AYP, the actual score of a Consider the following example: A State or D. This district would follow the State’s child must be reported to parents. administers a third-grade reading test in the

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fall and spring, while expecting all students not be required to take the assessment a is necessary to address the concerns that to have learned the material by the spring second time. were submitted earlier this year. administration. In this case, the State may Through the accountability review process, Change: None. use the scores from students who were we were able to work with States and clarify proficient on the fall administration for the intent of the regulation. Consequently we [FR Doc. 03–30092 Filed 12–8–03; 8:45 am] calculating AYP and these students would do not believe a change to these regulations BILLING CODE 4000–01–M

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Part III

Department of Labor Employee Benefits Security Administration

29 CFR Part 2510 Electronic Registration Requirements for Investment Advisers To Be Investment Managers Under Title I of ERISA; Proposed Rule

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DEPARTMENT OF LABOR Labor, 200 Constitution Ave., NW., adviser maintains it principal office and Washington, DC 20210, Attention: place of business.2 The legislative Employee Benefits Security ERISA Investment Manager Electronic history of NSMIA indicates that this Administration Registration NPRM. Written comments division of regulatory responsibilities may also be sent by Internet to the was intended, among other things, to 29 CFR Part 2510 following address: E– encourage the SEC and state regulators [email protected]. All submissions to create a uniform system for ‘‘one- RIN 1210-AA94 received will be available for public stop’’ filing that would benefit investors, Electronic Registration Requirements inspection and copying from 8:30 a.m. reduce regulatory and paperwork for Investment Advisers To Be to 4:30 p.m. at the Public Disclosure burdens for registered investment Investment Managers Under Title I of Room, Employee Benefits Security advisers, and facilitate supervision of 3 ERISA Administration, U.S. Department of investment advisers. Labor, Room N–1513, 200 Constitution The SEC implemented that legislative AGENCY: Employee Benefits Security Ave. NW., Washington, DC 20210. intent at the federal level by publishing Administration, Department of Labor. FOR FURTHER INFORMATION CONTACT: a final rule in September of 2000 at 17 ACTION: Notice of proposed rulemaking. Florence M. Novellino, Office of CFR 275.203–1 which made electronic Regulations and Interpretations, filing with the Investment Adviser SUMMARY: This document contains a Employee Benefits Security Registration Depository (IARD) proposed regulation relating to the Administration, U.S. Department of mandatory for SEC-registered advisers. definition of investment manager in Labor, Washington, DC 20210, Additionally, all states accept forms section 3(38)(B) of Title I of the telephone (202) 693–8518 (not a toll free filed via the IARD to satisfy state Employee Retirement Income Security number). registration requirements, and many Act of 1974 (ERISA). Under the SUPPLEMENTARY INFORMATION: mandate state registration via the proposed regulation, in lieu of filing a IARD.4 Accordingly, the IARD has copy of their state registration forms A. Background become a ‘‘one-stop’’ Internet-based with the Secretary of Labor, state- Under Title I of the Employee centralized filing system that enables registered investment advisers seeking Retirement Income Security Act of 1974 investment advisers to satisfy filing to obtain or maintain investment (ERISA), named fiduciaries of plans may obligations with both federal and state manager status under Title I of ERISA appoint investment managers to manage securities regulators. Pertinent state would have to electronically register assets of the plan. If the investment registration information in the IARD through the Investment Adviser manager is a registered investment database is available on the Internet to Registration Depository (IARD) as an adviser, bank or insurance company, the general public through the investment adviser with the state in and meets the other requirements for Investment Adviser Public Disclosure which they maintain their principal being an ‘‘investment manager’’ as (IAPD) Web site that may be directly office and place of business. The IARD defined in section 3(38) of ERISA, the accessed through the SEC’s Web site or is a centralized electronic filing system, plan trustees are relieved from certain through links from various state and established by the Securities and liabilities relating to the investment investor Web sites. The IAPD Web site Exchange Commission (SEC) in manager’s performance.1 contains investment adviser registration conjunction with state securities In 1996, the National Securities data, including information about authorities. The IARD enables Market Improvement Act (NSMIA) current registration forms, registration investment advisers to satisfy SEC and amended the Investment Advisers Act status, services provided, fees charged, state registration obligations through the of 1940 (Advisers Act) to divide certain and disclosures about certain conflicts use of the Internet, and current filing investment adviser regulatory of interest and disciplinary events, if information in the IARD database is responsibilities, including the any. The IAPD Web site includes readily available to the Department and registration requirements, between the information on investment advisers that the general public via the Internet. If Securities and Exchange Commission currently are registered with the SEC or adopted, the proposed regulation would (SEC) and the states. Prior to 1996, most a state, and also contains information on make electronic registration through the investment advisers were required to investment advisers that were registered IARD the exclusive method for state- register with the SEC and in each state registered investment advisers to satisfy in which they were doing business. 2 Specifically, subject to certain exceptions, investment advisers fall into three categories under filing requirements for investment Pursuant to paragraph (1) of section the NSMIA amendments. First, investment advisers manager status under section 3(38)(B)(ii) 203A(a) of the Advisers Act, and SEC having assets under management of less than $25 of Title I of ERISA. The proposed rule at 17 CFR 275.203A–1, certain million generally are prohibited from registering regulation would affect plan trustees, investment advisers are prohibited from with the SEC but must register with the state regulatory authority in the state where the investment managers, other fiduciaries, registering with the SEC but must investment adviser maintains its principal office and plan participants and beneficiaries. register with the state in which the and place of business. Those with at least $25 DATES: Written comments (either in million but less than $30 million may register with print or electronic format) are invited 1 Section 402(c)(3) of ERISA states that a plan the SEC in lieu of filing with state authorities. may provide that with respect to control or Those with $30 million or more must register with and must be submitted to the management of plan assets a named fiduciary may the SEC. Section 203A(a) of the Advisers Act is Department of Labor on or before appoint an investment manager or managers to codified at 15 U.S.C. 80b–3a(a). See also 17 CFR February 9, 2004. manage (including the power to acquire and 275.203A–2 for exemptions from the prohibition for certain investment advisers registering with the ADDRESSES: dispose of) plan assets. Section 405(d) of ERISA Interested persons are provides in part that, if an investment manager or SEC. invited to submit written comments managers have been appointed under section 3 S. Rep. No. 104–293, at 5 (1996). (preferably with three copies) to the 402(c)(3), then no trustee shall be liable for the acts 4 The State of Wyoming has not promulgated a Office of Regulations and or omissions of such investment manager or state investment adviser regulation requirement; managers, or be under an obligation to invest or therefore all Wyoming-based investment advisers Interpretations, Room N–5669, otherwise manage any asset of the plan which is are required to register under the Advisers Act with Employee Benefits Security subject to the management of such investment the SEC via the IARD. See 65 FR 57438, 57445 Administration, U.S. Department of manager. (Sept. 22, 2000).

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in the previous two years but are no improve the ability of the Department, C. Effective Date and Interim Reliance longer registered. plan fiduciaries, and plan participants This regulation is proposed to be Section 3(38)(B) of Title I of ERISA and beneficiaries to readily access effective 60 days after publication of a was also amended to reflect the above- registration information regarding final rule in the Federal Register. If described changes to the investment investment advisers eligible to be adopted, the proposed regulation would adviser registration requirements under investment managers of ERISA-covered 5 be applicable to investment adviser the Advisers Act. Specifically, section plans. As noted above, not only does the registration filings due after the effective 3(38)(B) of ERISA requires that, to be an SEC require electronic filing through the date of the final regulation. Until the investment manager under Title I, an IARD for registration under the Advisers effective date of the final regulation, investment adviser must: (i) be Act, but most states also require IARD investment advisers seeking to obtain or registered with the SEC under the filing for compliance with state maintain investment manager status Advisers Act of 1940, or (ii) if not investment adviser registration under Title I of ERISA will be treated as registered under such Act by reason of requirements. While a few states do not having met the filing obligations with paragraph (1) of section 203A(a) of such make electronic filing through the IARD the Secretary of Labor described in Act, be registered as an investment mandatory, as noted above, all states section 3(38)(B)(ii) of ERISA for any adviser under the laws of the state in permit investment advisers to use the registration filing due on or after the which it maintains its principal office IARD to satisfy registration date the proposed regulation is and place of business and, at the time requirements. As described more fully published in the Federal Register if they the investment adviser last filed the below, the Department believes the satisfy the conditions of the proposed registration form it most recently filed majority of investment managers of regulation. with such state in order to maintain its ERISA-covered plans already file registration under the laws of such state, registration forms electronically through D. Regulatory Impact Analysis it also filed a copy of such form with the the IARD under the Advisers Act or Summary Secretary of Labor. under applicable state securities laws. To implement the filing requirements The Department has undertaken this In the Department’s view, the benefits to proposed rulemaking for the purpose of in section 3(38)(B)(ii) of ERISA, the plan trustees, plan participants and Department announced on January 14, establishing a single and readily beneficiaries, and the Department of this accessible source of consistent 1998, that state-registered investment proposed regulation outweigh the advisers seeking to qualify, or remain information about the registration of relatively small incremental cost that investment advisers that are investment qualified, as investment managers must some investment managers may incur to file a copy of their most recent state managers by virtue of meeting the file state registration filings through the requirements of section 3(38)(B)(ii) of registration form for the state in which IARD. it maintains its principal office and ERISA. The Department believes the place of business with the Department B. Summary of the Proposed Regulation regulation, if implemented as proposed, prior to November 10, 1998, and would benefit plan fiduciaries, thereafter file with the Department The proposed regulation would add investment advisers, and ultimately the copies of any subsequent filings with § 2510.3–38 to title 29 of the Code of participants and beneficiaries of that state. The ongoing obligation to file Federal Regulations. Section 2510.3– employee benefit plans. Although the copies with the Department was, 38(a) would describe the general filing anticipated benefits of the proposal are however, to be temporary in nature and requirement with the Secretary set forth not quantified here, they are expected to remain in effect until a centralized in section 3(38)(B)(ii) applicable to more than justify its relatively modest database containing the state state-registered investment advisers estimated cost. registration forms, or substantially seeking to become or remain investment The estimated cost of the similar information, was available to the managers under Title I of ERISA. The implementation of electronic Department.6 regulation would also make clear that its registration through the IARD for The current requirement to file with purpose is to establish the exclusive approximately 500 advisers that the Department copies of state means to satisfy that filing obligation. submitted copies of their state registration filings already accessible to Section 2510.3–38(b) would provide registrations to the Secretary of Labor, the Department and the general public that, for a state-registered investment and that currently register in only those via the IAPD Web site places an adviser to satisfy the filing requirement states that do not mandate IARD filing, unnecessary administrative burden on in section 3(38)(B)(ii) of ERISA, it must is just under $400,000. Ongoing annual the regulated community. The electronically file the required costs are estimated at $50,000. These requirement also results in the registration forms through the IARD. costs will be offset by efficiency gains Department allocating resources to Section 2510.3–38(b) would also for plan fiduciaries and for investment receive, sort, and store paper copies of provide that submitting a copy of state advisers that wish to be appointed by information readily available in registration forms to the Secretary does plan fiduciaries. As a result of the electronic form. It is the Department’s not constitute compliance with section electronic registration requirement, plan view that use of the IARD as a 3(38)(B)(ii) of ERISA. Section 2510.3– fiduciaries will be able to access a single centralized electronic database would 38(c) would define the term source of registration information ‘‘Investment Adviser Registration regardless of the size or location of the 5 See sec. 308(b)(1) of Title III of NSMIA and Act Depository’’ and ‘‘IARD’’ for purposes of adviser, and advisers may more readily of November 10, 1997, Sec. 1, Pub. L. 105–72, 111 the regulation as the centralized demonstrate their eligibility to be Stat. 1457. electronic depository described in 17 investment managers in order to gain 6 Pub. L. 105–72 provided that a fiduciary shall be treated as meeting the requirement for filing a CFR 275.203–1. Finally, § 2510.3–38(d) appointments by plan fiduciaries. Over copy of the required state registration form with the would provide a cross-reference to the time, these investment managers may Secretary if a copy of the form (or substantially SEC Internet site at http://www.sec.gov/ also reduce the handling of paper and similar information) is available to the Secretary from a centralized electronic or other record- iard for information on filing the time required to complete the Form keeping database. See Act of November 10, 1997, investment advisor registration forms ADV, which is the joint SEC and state Sec. 1(b), Pub. L. 105–72, 111 Stat. 1457. with the IARD. registration form that is also currently

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accepted by all the states for State the IARD will, however, change the IARD, the appropriate state registration registration purposes. Electronic format and manner in which the fee will be forwarded to the state, such availability of registration information information is transmitted. While the that there will be no net change in state will also support better and more Department expects advisers to incur a filing fees. transparent decision making with cost to establish a procedure for The Advisers Act and Form ADV respect to the appointment of electronic filing through the IARD plus allow for the requirement that states be investment managers, which ultimately an annual fee, the change to an provided registration statements. To benefits the participants and electronic format and transmission facilitate state registration, the registrant beneficiaries of the plans involved. method is expected to be more efficient checks the appropriate boxes on the and less costly over time. Use of the form for each applicable state, and the Discussion IARD will reduce the paper handling, IARD then distributes the required The proposal would benefit plan filing, and mailing costs associated with information electronically to those fiduciaries that wish to appoint an providing copies to the State or States states. States will be unaffected because investment manager pursuant to section as well as to the Secretary, and reduce they will continue to receive existing 402(c)(3) of ERISA. Under section handling to obtain and reproduce fees, although they will be transmitted 405(d)(1) of ERISA, plan fiduciaries are signatures. The SEC cited similar in a different manner. not liable for the acts or omissions of the efficiency gains in its regulatory impact These advisers would, however, investment manager, and have no analysis of the final rule implementing newly incur the IARD initial filing fee obligation to invest assets subject to mandatory electronic filing for federally of $150 for advisers of the size under management by the investment regulated advisers. Securities and consideration here, and an annual filing manager. The centralized source of Exchange Commission, Electronic Filing fee of $100. It is also expected that the readily accessible registration by Investment Advisers; Final Rule, 65 500 state-registered advisers will incur a information offered by the IARD will FR 57438, Sept. 22, 2000. cost for the set-up of the electronic filing help plan fiduciaries more efficiently The proposed regulation will directly capability, and an expenditure of time locate information needed to determine affect only those investment advisers to adjust internal procedures and put whether advisers they may consider who wish to become or remain as existing information into an electronic appointing are eligible to be an investment managers under section format. Filing fees for the first year are investment manager under ERISA. The 3(38) of ERISA, who generally have $25 expected to total $75,000 in the first source and format of information will million or less under management and year and $50,000 in each subsequent no longer differ based on the size or consequently do not register with the year for these advisers. principal business location of the SEC, and who register only in states that The cost of the electronic filing set-up adviser. do not mandate use of the IARD to is not known. The SEC did not quantify Uniform use of the IARD for all satisfy state registration requirements. the cost of set-up in the final rule cited advisers who wish to be or remain as Copies of registration forms submitted above that pertained to mandatory use investment managers under ERISA will to the Secretary by State-registered of the IARD for registration with the benefit these advisers as well. The investment advisers indicate that about SEC. However, for the purpose of this change to electronic filing will not 500 State-registered advisers have discussion, the cost for establishment of change the incentives for investment registered in only a non-IARD state.8 electronic filing capability has been advisers to become investment Prior to the implementation of the IARD estimated to be $500, or $250,000 for the managers under ERISA, but should and many States’ decisions to mandate 500 advisers affected. This is a one-time promote increased efficiency for doing use of the IARD to meet state adviser cost based on available information on so. Advisers are not required to be an registration requirements, about 1,500 annual fees charged to SEC registrants investment manager to conduct advisory advisers provided paper copies of their by commercial providers of service in 9 activities for any customer. The state registration forms to the Secretary. the industry. An examination of a Department assumes that an adviser’s Based on the data contained in those sample of the 500 individual filings decision whether to meet the definition filings, about 1,000 of these already showed that many of the advisers in of investment manager under ERISA is have the capability to file electronically question already use the software of a based on factors unrelated to the form because they are required to register in single provider for completing their or format of their registration. It is states that mandate use of the IARD. The Form ADV. Because this provider therefore expected that those state- Department therefore assumes that this performs services to IARD filers who are registered advisers who filed paper proposed regulation would affect only currently SEC registrants as well, we copies of their state registration forms those advisers that register only in non- have assumed that their range of with the Secretary chose to do so to gain IARD states. services includes a method of an advantage in securing appointments Under existing requirements, State- facilitating electronic filing. It is also by plan fiduciaries. registered advisers incur a State assumed that all advisers make use of In any case, this proposed regulation registration filing fee with every State in electronic technology in the normal will not change the content of the filings which they are required to register, plus course of business and will not be for these advisers because all states postage and handling fees for their required to make substantial accept the joint SEC and state filing submissions. Such fees vary by State. technological changes as a result of this form (Form ADV) for state registration, Most if not all of the 500 advisers proposal. and with certain exceptions, all of the potentially affected by this proposed A one-time cost is also estimated for copies submitted to the Secretary were regulation now register in only one the time required for the adviser to adjust its internal procedures to input made on Form ADV.7 Mandatory use of state. When advisers registered only in non-IARD States register through the data electronically, if necessary. A 7 Several exceptions were observed; in those comparison of a sample of the paper cases, the adviser submitted a copy of the State’s same State were examined to confirm that the state action on their registration, such as a license or did accept Form ADV filings. 9 Such fees are used here as a proxy only; the fees approval form, rather than the registration form 8 California, Florida, Kentucky, South Carolina, do not pertain specifically to electronic set-up or itself. In each case, other advisers’ filings for the and West Virginia at the time of this writing. transmission.

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filings received with IARD data or loan programs or the rights and • Minimize the burden of the indicated that these advisers had not obligations of recipients thereof; or (4) collection of information on those who also filed electronically with IARD. It raising novel legal or policy issues are to respond, including through the seems likely that many advisers already arising out of legal mandates, the use of appropriate automated, prepare the forms electronically, President’s priorities, or the principles electronic, mechanical, or other regardless of whether they submit them set forth in the Executive Order. technological collection techniques or electronically. To account for Pursuant to the terms of the Executive other forms of information technology, preparation for electronic transmission, Order, it has been determined that this e.g., permitting electronic submission of it has been estimated that the advisers action is ‘‘significant’’ within the responses. will incur the cost of two hours of a meaning of section 3(f)(4) of the Comments should be sent to the financial professional’s time at $68 per Executive Order and has therefore been Office of Information and Regulatory hour, for a cost of $136 per adviser and reviewed by OMB. The Department has Affairs, Office of Management and a total of $68,000. also undertaken the assessment of the Budget, Room 10235, New Executive The estimated one-time cost of this costs and benefits of this regulatory Office Building, Washington, DC 20503; proposal totals $393,000. The ongoing action presented above. Attention: Desk Officer for the cost of maintaining registration Paperwork Reduction Act Employee Benefits Security information and completing and filing Administration. Although comments Form ADV is not accounted for here As part of its continuing effort to may be submitted through February 9, because the advisers prepare and file reduce paperwork and respondent 2004, OMB requests that comments be such forms to meet state registration burden, the Department of Labor received within 30 days of publication requirements and would continue to do conducts a preclearance consultation of the Notice of Proposed Rulemaking to so without regard to this proposed program to provide the general public ensure their consideration. regulation. The ongoing incremental and federal agencies with an PRA Addresses: Address requests for cost of this proposal is therefore $100 opportunity to comment on proposed copies of the ICR to Joseph S. Piacentini, per adviser per year, or $50,000. and continuing collections of Office of Policy and Research, U.S. The Department considered information in accordance with the Department of Labor, Employee Benefits alternatives to this proposal, including Paperwork Reduction Act of 1995 (PRA Security Administration, 200 issuing no guidance and implementing 95) (44 U.S.C. 3506(c)(2)(A)). This helps Constitution Avenue, NW., Room a standard that would provide the to ensure that requested data can be N–5718, Washington, DC 20210. adviser an option to either file a print provided in the desired format, Telephone (202) 693–8410; Fax: (202) copy of its state registration or make use reporting burden (time and financial 219–5333. These are not toll-free of the IARD. The value of greater resources) is minimized, collection numbers. efficiency through the elimination of instruments are clearly understood, and The Department is issuing these dual sources of registration information the impact of collection requirements on proposed rules to establish the uniform and promotion of greater accessibility of respondents can be properly assessed. availability of investment adviser consistent information through Currently, EBSA is soliciting registration information in a centralized electronic methods was considered to comments concerning the proposed electronic database. The proposed rule outweigh the relatively modest information collection request (ICR) would affect investment advisers that estimated cost of about $800 per adviser included in this Notice of Proposed register with the states rather than SEC in the first year, and $100 per adviser in Rulemaking concerning Electronic by virtue of the requirements of NSMIA, each subsequent year. As a result, the Registration Requirements for who do not currently register Department elected to issue this Investment Advisers to be Investment electronically through the IARD, and proposal and seek public comment on Managers Under Title I of ERISA (ERISA who wish to fall within the definition of its views. Investment Manager Electronic investment manager for purposes of Executive Order 12866 Registration). A copy of the ICR may be ERISA section 3(38)(B). Such advisers obtained by contacting the individual Under Executive Order 12866, the currently file a paper copy of the identified in the PRA Addresses section applicable state registration form with Department must determine whether the below. regulatory action is ‘‘significant’’ and the Secretary of Labor pursuant to The Department has submitted a copy section 3(38)(B)(ii) of the statute. The therefore subject to the requirements of of the proposed information collection the Executive Order and subject to information collection is found in the to OMB in accordance with 44 U.S.C. proposed regulation at section 2520.3– review by the Office of Management and 3507(d) for review of its information Budget (OMB). Under section 3(f), the 38(b). The basis for the burden estimates collections. The Department and OMB is found in the discussion above. order defines a ‘‘significant regulatory are particularly interested in comments action’’ as an action that is likely to Type of Review: New collection. that: Agency: Employee Benefits Security result in a rule (1) having an annual • Evaluate whether the proposed Administration, Department of Labor. effect on the economy of $100 million collection of information is necessary Title: ERISA Investment Manager or more, or adversely and materially for the proper performance of the Electronic Registration. affecting a sector of the economy, functions of the agency, including OMB Number: 1210–0NEW. productivity, competition, jobs, the whether the information will have Affected Public: Individuals or environment, public health or safety, or practical utility; households; Business or other for-profit. State, local or tribal governments or • Evaluate the accuracy of the Respondents: 500. communities (also referred to as agency’s estimate of the burden of the Frequency of Response: Annually. ‘‘economically significant’’); (2) creating collection of information, including the Responses: 500. serious inconsistency or otherwise validity of the methodology and Estimated Total Burden Hours: 1,000. interfering with an action taken or assumptions used; Total Annualized Capital/Startup planned by another agency; (3) • Enhance the quality, utility, and Costs: $275,000. materially altering the budgetary clarity of the information to be Total Burden Cost (Operating and impacts of entitlement grants, user fees, collected; and Maintenance): $50,000.

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Total Annualized Cost: $325,000. For purposes of analysis under the significant for any small entity. Seeking After the year of implementation, the RFA, EBSA normally considers a small investment manager status for purposes startup cost will be fully defrayed.The entity to be an employee benefit plan of ERISA is not mandatory; small ongoing annual operating and with fewer than 100 participants, on the advisers presumably make efforts to maintenance cost will be $50,000. basis of the definition found in section meet the terms of the ERISA investment 104(a)(2) of ERISA. However, this manager definition only when they Unfunded Mandates Reform Act proposed regulation pertains to compute a net benefit for doing so. The For purposes of the Unfunded investment advisers that are prohibited proposed regulation will mandate Mandates Reform Act of 1995 (Pub. L. from registering with the SEC pursuant electronic submission of small adviser’s 104–4), as well as Executive Order to section 203(A) of the Advisers Act registration information, but will not 12875, this proposed rule does not and SEC rules. This generally includes change the content or other include any federal mandate that may those advisers that have assets of less requirements for those registrations. The result in expenditures by State, local, or than $25 million under management. In average cost for affected advisers is tribal governments in the aggregate of its final rule relating to Electronic Filing estimated to be small: about $800 in the more than $100 million, or increased by Investment Advisers (65 FR 57445, initial year, and $100 in each following expenditures by the private sector of note 86), the SEC states that for year. It is possible that some portion of more than $100 million. purposes of the Advisers Act and the this cost will be passed on to plans. RFA, an investment adviser generally is On this basis, the Department certifies Small Business Regulatory Enforcement a small entity if (a) it manages assets of that this proposed regulation would not Fairness Act less than $25 million reported on its have a significant economic impact on a substantial number of small entities. The rule being issued here is subject most recent Schedule I to Form ADV, (b) The Department invites comments on to the Congressional Review Act it does not have total assets of $5 the potential impact of this proposed provisions of the Small Business million or more on the last day of the regulation on small entities, and on Regulatory Enforcement Fairness Act of most recent fiscal year, and (c) it is not ways in which costs may be limited 1996 (5 U.S.C. 801 et seq.) and, if in a control relationship with another within the stated objectives of this finalized, will be transmitted to investment adviser that is not a small proposal. Congress and the Comptroller General entity (Rule 0–7 under the Advisers Act). for review. The rule is not a ‘‘major Federalism Statement Because the entities potentially rule’’ as that term is defined in 5 U.S.C. affected by this rule are similar if not Executive Order 13132 (August 4, 804, because it is not likely to result in identical to those that fall within the 1999) outlines fundamental principles (1) an annual effect on the economy of SEC definition of small entity for RFA of federalism and requires the $100 million or more; (2) a major purposes, and because the regulation is adherence to specific criteria by federal increase in costs or prices for expected to have a direct impact on an agencies in the process of their consumers, individual industries, or existing cost of doing business that formulation and implementation of Federal, State, or local government investment advisers would assume policies that have substantial direct agencies, or geographic regions; or (3) without regard to this proposal, but no effects on the States, on the relationship significant adverse effects on economic impact that would be passed between the national government and competition, employment, investment, on to employee benefit plans, the the States, or on the distribution of productivity, innovation, or on the Department considers it appropriate in power and responsibilities among the ability of United States-based this limited circumstance to use the SEC various levels of government. This enterprises to compete with foreign- definition for evaluating potential proposed rule does not have federalism based enterprises in domestic or export impacts on small entities. The implications because it has no markets. Department invites comments on its substantial direct effect on the States, on Regulatory Flexibility Act election to use this definition. Using the relationship between the national this definition, the Department certifies government and the States, or on the The Regulatory Flexibility Act (5 that this proposed regulation would not distribution of power and U.S.C. 601 et seq.) (RFA) imposes have a significant economic impact on responsibilities among the various certain requirements with respect to a substantial number of small entities. levels of government. Section 514 of federal rules that are subject to the The factual basis for this conclusion is ERISA provides, with certain exceptions notice and comment requirements of described below. specifically enumerated, that the section 553(b) of the Administrative The SEC States that of about 20,000 provisions of Titles I and IV of ERISA Procedure Act (5 U.S.C. 551 et seq.) and investment advisers in the United supersede any and all laws of the States that are likely to have a significant States, some 12,000 do not file with as they relate to any employee benefit economic impact on a substantial them. As discussed above, plan covered under ERISA. Although number of small entities. Unless an approximately 500 investment advisers the requirements in this proposed rule agency certifies that a proposed rule are expected to incur costs under this do alter the fundamental reporting and will not have a significant economic regulation. This represents 2.5 percent disclosure requirements of section impact on a substantial number of small of the approximately 20,000 advisers 3(38)(B) of ERISA with respect to state- entities, section 603 of the RFA requires doing business in the U.S., or 4 percent registered investment managers, because that the agency present an initial of the 12,000 small advisers that do not the duty of these state-registered regulatory flexibility analysis at the time currently file with the SEC. Thus the advisers to report to the states exists of the publication of the notice of number of advisers that will incur costs independently of ERISA, and the proposed rulemaking describing the under this regulation is substantial proposed rule merely prescribes that impact of the rule on small entities and neither in absolute terms nor as a investment advisers seeking ERISA seeking public comment on such fraction of the universe of all or of small investment manager status use a specific impact. Small entities include small advisers. filing method that is accepted by all businesses, organizations and In addition, the economic impact of states and available as a choice in all governmental jurisdictions. the proposal is not expected to be states for registration purposes, there is

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neither a direct implication for the p. 275, and 29 U.S.C. 1135 note. Sec. 2510.3– section 3(38)(B)(ii) of the Act, a States, nor is there a direct effect on the 102 also issued under sec. 102 of fiduciary must be registered as an relationship or distribution of power Reorganization Plan No. 4 of 1978, 43 FR investment adviser with the State in 47713, 3 CFR, 1978 Comp., p. 332 and E.O. between the national government and 12108, 44 FR 1065, 3 CFR, 1978 Comp., p. which it maintains its principal office the States. This proposal only affects 275. Section 2510.3–38 is also issued under and place of business and file through those State-registered investment Sec. 1, Pub. L. 105–72, 111 Stat. 1457. the Investment Adviser Registration advisers who choose to seek investment 2. Add § 2510.3–38 to read as follows: Depository (IARD), in accordance with manager status under section 3(38) of applicable IARD requirements, the ERISA, advisers not seeking such status 2510.3–38 Filing requirements for State information required to be registered are unaffected by this proposed registered investment advisers to be and maintain the fiduciary’s registration regulation. investment managers. as an investment adviser in such State. (a) General. Section 3(38) of the Act Statutory Authority Submitting to the Secretary investment sets forth the criteria for a fiduciary to adviser registration forms filed with a The proposed regulation would be be an investment manager for purposes State does not constitute compliance adopted pursuant to the authority of section 405 of the Act. Subparagraph with the filing requirement in section contained in section 505 of ERISA (Pub. (B)(ii) of section 3(38) of the Act 3(38)(B)(ii) of the Act. L. 93–406, 88 Stat. 894; 29 U.S.C. 1135), provides that, in the case of a fiduciary (c) Definitions. For purposes of this and the Act of November 10, 1997, Sec. who is not registered under the 1, Pub. L. 105–72, 111 Stat. 1457, and Investment Advisers Act of 1940 by section, the term ‘‘Investment Adviser under Secretary of Labor’s Order reason of paragraph (1) of section Registration Depository’’ or ‘‘IARD’’ 1–2003, 68 FR 5374 (Feb. 3, 2003). 203A(a) of such Act, the fiduciary must means the centralized electronic depository described in 17 CFR List of Subjects in 29 CFR Part 2510 be registered as an investment adviser under the laws of the State in which it 275.203–1. Employee benefit plans, Employee maintains its principal office and place (d) Cross reference. Information for Retirement Income Security Act, of business, and, at the time the investment advisers on how to file Pensions, Plan assets. fiduciary files registration forms with through the IARD is available on the such State to maintain the fiduciary’s Securities and Exchange Commission PART 2510—[AMENDED] registration under the laws of such Web site at http://www.sec.gov/iard. State, also files a copy of such forms 1. The authority citation for part 2510 Signed at Washington, DC this 3rd day of is revised to read as follows: with the Secretary of Labor. The December, 2003. purpose of this section is to set forth the Authority: 29 U.S.C. 1002(2), 1002(21), Ann L. Combs, 1002(37), 1002(38), 1002(40), 1031, and 1135; exclusive means for investment advisers Assistant Secretary, Employee Benefits Secretary of Labor’s Order 1–2003, 68 FR to satisfy the filing obligation with the Security Administration, U.S. Department of 5374; Sec. 2510.3–101 also issued under sec. Secretary described in subparagraph Labor. 102 of Reorganization Plan No. 4 of 1978, 43 (B)(ii) of section 3(38) of the Act. FR 47713, 3 CFR, 1978 Comp., p. 332 and (b) Filing requirement. To satisfy the [FR Doc. 03–30435 Filed 12–8–03; 8:45 am] E.O. 12108, 44 FR 1065, 3 CFR, 1978 Comp., filing requirement with the Secretary in BILLING CODE 4510–29–P

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Reader Aids Federal Register Vol. 68, No. 236 Tuesday, December 9, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 39 ...... 67385, 67611, 67613, Presidential Documents 3 CFR 67616, 67618, 67622, 67812, Executive orders and proclamations 741–6000 Proclamations: 67814, 67816, 67971, 67973, The United States Government Manual 741–6000 7529 (See Proc. 67975, 67978, 67980, 67981, 7741) ...... 68483 Other Services 67984, 67986, 67988, 68299, 7576 (See Proc. 68301, 68304, 68306, 68308, 741–6020 Electronic and on-line services (voice) 7741) ...... 68483 68311 Privacy Act Compilation 741–6064 7740...... 67787 71 ...... 68573, 68575, 68576 Public Laws Update Service (numbers, dates, etc.) 741–6043 7741...... 68483 TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders: 15 CFR 13183 (Amended by 742...... 67030 EO 13319)...... 68233 ELECTRONIC RESEARCH 774...... 67030 13119...... 68233 806...... 67939 World Wide Web Administrative Orders: Memorandums: Full text of the daily Federal Register, CFR and other publications 17 CFR Memorandum of March is located at: http://www.access.gpo.gov/nara Proposed Rules: 5, 2002 (See Proc. 200...... 68186 Federal Register information and research tools, including Public 7741) ...... 68483 Inspection List, indexes, and links to GPO Access are located at: 201...... 68186 http://www.archives.gov/federallregister/ 7 CFR 240...... 68186 E-mail 56...... 68487 18 CFR 70...... 68487 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 354...... 67937 11...... 67592 an open e-mail service that provides subscribers with a digital 1412...... 67938 19 CFR form of the Federal Register Table of Contents. The digital form 1421...... 67938 of the Federal Register Table of Contents includes HTML and Proposed Rules: 4...... 68140 PDF links to the full text of each document. 900...... 67381 10...... 67338 103...... 68140 To join or leave, go to http://listserv.access.gpo.gov and select 8 CFR 113...... 68140 Online mailing list archives, FEDREGTOC-L, Join or leave the list 122...... 68140 (or change settings); then follow the instructions. 264...... 67578 123...... 68140 PENS (Public Law Electronic Notification Service) is an e-mail 10 CFR 163...... 67338 service that notifies subscribers of recently enacted laws. Proposed Rules: 178...... 68140 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 35...... 68549 192...... 68140 and select Join or leave the list (or change settings); then follow 50...... 67811 the instructions. 300...... 68204 21 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 850...... 68276 347...... 68509 respond to specific inquiries. 851...... 68276 872...... 67365 Proposed Rules: Reference questions. Send questions and comments about the 11 CFR 17...... 67094 Federal Register system to: [email protected] 100...... 67013 872...... 67097 The Federal Register staff cannot interpret specific documents or 102...... 67013 regulations. 22 CFR 12 CFR 126...... 67032 FEDERAL REGISTER PAGES AND DATE, DECEMBER 11...... 68489 303...... 68695 16...... 68489 67013–67356...... 1 225...... 68493 24 CFR 905...... 67789 67357–67584...... 2 891...... 67316 67585–67786...... 3 14 CFR 25 CFR 67787–67936...... 4 25...... 68499, 68501 67937–68232...... 5 39 ...... 67018, 67020, 67021, 170...... 67941 68233–68486...... 8 67024, 67025, 67027, 67585, 26 CFR 68487–68716...... 9 67588, 67789, 67792, 67794, 67796, 67798 1...... 67595, 68511 71 ...... 67357, 67358, 67359, 301...... 67595 67360, 67361, 67590, 68449, 602...... 67595 68503, 68504, 68505, 68506, 68507, 68508 27 CFR 97...... 67363 9...... 67367 1260...... 67364 Proposed Rules: Proposed Rules: 7...... 67388 25...... 68563 25...... 67388

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28 CFR 34 CFR 65...... 67052 52...... 67354 Proposed Rules: 200...... 68698 67...... 67056 Proposed Rules: 901...... 67991 Proposed Rules: 1809...... 67995 36 CFR 67...... 67106, 67107 1837...... 67995 242...... 67595 29 CFR 45 CFR 1852...... 67995 4011...... 67032 37 CFR 1604...... 67372 4022...... 67033 1...... 67805 49 CFR 46 CFR 4044...... 67035 253...... 67045 171...... 67746 Proposed Rules: Proposed Rules: Proposed Rules: 571...... 67068 2510...... 68710 1...... 67818 501...... 67510 586...... 67068 535...... 67510 1152...... 67809 30 CFR 40 CFR 47 CFR Proposed Rules: 934...... 67801 52 ...... 67045, 67598, 67805, 171...... 67821 2...... 68241, 68531 948...... 67035 67807, 67948, 68521, 68523 173...... 67821 61...... 67932 15...... 68531 Proposed Rules: 18...... 68531 174...... 67821 732...... 67776 63...... 67953 176...... 67821 271...... 68526 73 ...... 67378, 67599, 67964, 68254, 68547 177...... 67821 31 CFR Proposed Rules: 192...... 67128, 67129 52 ...... 67821, 67993, 68579, 74...... 68241 1...... 67943 76...... 67599 195...... 67129 68580, 68581 571...... 68319 323...... 67943 271...... 68585 78...... 68241 Proposed Rules: 302...... 67916 90...... 68531 50...... 67100 355...... 67916 95...... 68531 50 CFR 101...... 68241 100...... 67595 32 CFR 42 CFR Proposed Rules: 300...... 67607 412...... 67955 53...... 68585 706 ...... 68511, 68513, 68514, 402...... 68254 413...... 67955 64...... 68312 68515, 68516 648...... 67609 806b...... 68517 414...... 67960 73 ...... 67389, 67390, 67624 476...... 67955 76...... 67624 679 ...... 67086, 67379, 67964, Proposed Rules: 484...... 67955 68265 312...... 68577 48 CFR Proposed Rules: 806b...... 68578 43 CFR Ch. 30 ...... 67868 216...... 67629 Proposed Rules: 2...... 67354 600...... 67636 33 CFR 4100...... 68452 9...... 67354 660 ...... 67132, 67638, 67640, 66...... 68235 22...... 67354 67998 100...... 67944, 68239 44 CFR 28...... 67354 679 ...... 67390, 67642, 68002 165 ...... 67371, 67946, 68518 64...... 67051 44...... 67354 697...... 67636

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REMINDERS Weakfish; comments due test procedures; due by 12-16-03; The items in this list were by 12-17-03; published comments due by 12-15- published 10-17-03 [FR editorially compiled as an aid 12-3-03 [FR 03-30136] 03; published 9-30-03 [FR 03-26107] to Federal Register users. Caribbean, Gulf, and South 03-24412] Digital television stations; table Inclusion or exclusion from Atlantic fisheries— Air quality implementation of assignments: this list has no legal Atlantic States dolphin plans; approval and Tennessee; comments due significance. and wahoo; comments promulgation; various by 12-18-03; published due by 12-18-03; States: 10-31-03 [FR 03-27431] published 11-3-03 [FR California; comments due by RULES GOING INTO Radio stations; table of 03-27515] 12-15-03; published 11- assignments: EFFECT DECEMBER 9, Northeastern United States 14-03 [FR 03-28305] 2003 Georgia; comments due by fisheries— Delaware; comments due by 12-15-03; published 11-5- Atlantic mackerel, squid, 12-15-03; published 11- 03 [FR 03-27824] ENVIRONMENTAL and butterfish; 14-03 [FR 03-28417] PROTECTION AGENCY Michigan; comments due by comments due by 12- Montana; comments due by 12-15-03; published 11-5- Air quality implementation 15-03; published 11-14- 12-19-03; published 11- 03 [FR 03-27823] plans; approval and 03 [FR 03-28548] 19-03 [FR 03-28910] HEALTH AND HUMAN promulgation; various Summer flounder, scup, Pennsylvania; comments SERVICES DEPARTMENT States: and black sea bass; due by 12-19-03; Nevada; published 10-10-03 comments due by 12- published 11-19-03 [FR Food and Drug Pennsylvania; published 10- 15-03; published 11-28- 03-28909] Administration 10-03 03 [FR 03-29598] Environmental statements; Reports and guidance West Coast States and availability, etc.: documents; availability, etc.: COMMENTS DUE NEXT Western Pacific Coastal nonpoint pollution Evaluating safety of WEEK fisheries— control program— antimicrobial new animal drugs with regard to their Pacific sardine; comments Minnesota and Texas; due by 12-17-03; microbiological effects on AGRICULTURE Open for comments bacteria of human health DEPARTMENT published 12-3-03 [FR until further notice; 03-30137] concern; Open for Animal and Plant Health published 10-16-03 [FR comments until further Pelagic fisheries; Inspection Service 03-26087] notice; published 10-27-03 environmental impact Plant-related quarantine, Hazardous waste program [FR 03-27113] domestic: statement; comments authorizations: due by 12-15-03; HOMELAND SECURITY Plum pox compensation; published 12-3-03 [FR Colorado; comments due by DEPARTMENT comments due by 12-15- 03-30135] 12-15-03; published 11- Coast Guard 03; published 10-16-03 14-03 [FR 03-28578] Marine mammals: Drawbridge operations: [FR 03-26174] Superfund program: Taking and importing— New Jersey; comments due Plant related quarantine; Hazardous chemical Vandenberg Air Force by 12-15-03; published domestic: reporting; emergency Base, CA; 30th Space 10-14-03 [FR 03-25892] Emerald ash borer; planning and community Wing, U.S. Air Force; comments due by 12-15- right-to-know programs— Ports and waterways safety: 03; published 10-14-03 space vehicle and test Trade secrecy claims and Lake Michigan, Captain of [FR 03-25881] flight activities; the Port of Milwaukee pinnipeds; comments disclosures to health AGRICULTURE Zone; security zone; due by 12-18-03; professionals; comments DEPARTMENT comments due by 12-16- published 12-3-03 [FR due by 12-15-03; Food and Nutrition Service published 11-14-03 [FR 03; published 10-17-03 03-29828] [FR 03-26305] Child nutrition programs: 03-28419] DEFENSE DEPARTMENT Women, infants, and Trade secrecy claims and HOMELAND SECURITY Engineers Corps childrern; special disclosures to health DEPARTMENT supplemental nutrition Danger zones and restricted professionals; comments Support Anti-Terrorism by program— areas: due by 12-15-03; Fostering Effective Food package revisions; Narragansett Bay East published 11-14-03 [FR Technologies Act of 2002 comments due by 12- passage, Coasters Harbor 03-28420] (SAFETY Act); 15-03; published 9-15- Island, RI; Newport Naval National oil and hazardous implementation; comments 03 [FR 03-23498] Station; comments due by substances contingency due by 12-15-03; published 12-18-03; published 11- 10-16-03 [FR 03-26217] COMMERCE DEPARTMENT plan— 18-03 [FR 03-28706] Economic Analysis Bureau National priorities list INTERIOR DEPARTMENT ENERGY DEPARTMENT International services surveys: update; comments due Fish and Wildlife Service by 12-17-03; published BE-9; quarterly survey of Federal Energy Regulatory Endangered and threatened 11-17-03 [FR 03-28574] foreign airline operators’ Commission species: U.S. revenues and Electric rate and corporate National priorities list Critical habitate expenses; comments due regulation filings: update; comments due designations— by 12-16-03; published Virginia Electric & Power by 12-17-03; published 11-17-03 [FR 03-28575] Mexican spotted owl; 10-17-03 [FR 03-26298] Co. et al.; Open for comments due by 12- COMMERCE DEPARTMENT comments until further FEDERAL 18-03; published 11-18- National Oceanic and notice; published 10-1-03 COMMUNICATIONS 03 [FR 03-28483] [FR 03-24818] Atmospheric Administration COMMISSION Migratory bird permits: Fishery conservation and ENVIRONMENTAL Common carrier services: Mallards; release of captive- management: PROTECTION AGENCY Interconnection— reared birds; comments Atlantic coastal fisheries Air pollution control: Incumbent local exchange due by 12-20-03; cooperative Aircraft and aircraft engines; carriers; unbundling published 8-26-03 [FR 03- management— emission standards and obligations; comments 21761]

VerDate jul 14 2003 20:40 Dec 08, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\09DECU.LOC 09DECU iv Federal Register / Vol. 68, No. 236 / Tuesday, December 9, 2003 / Reader Aids

LABOR DEPARTMENT 12-15-03; published 11- 6043. This list is also S. 189/P.L. 108–153 Occupational Safety and 13-03 [FR 03-28401] available online at http:// 21st Century Nanotechnology Health Administration Boeing; comments due by www.nara.gov/fedreg/ Research and Development Safety and health standards: 12-19-03; published 11-4- plawcurr.html. Act (Dec. 3, 2003; 117 Stat. Longshoring and marine 03 [FR 03-27671] The text of laws is not 1923) terminals; vertical tandem Bombardier; comments due published in the Federal S. 286/P.L. 108–154 lifts; comments due by by 12-15-03; published Register but may be ordered 12-15-03; published 9-16- 11-5-03 [FR 03-27847] in ‘‘slip law’’ (individual Birth Defects and 03 [FR 03-23533] Cessna; comments due by pamphlet) form from the Developmental Disabilities MERIT SYSTEMS 12-15-03; published 10- Superintendent of Documents, Prevention Act of 2003 (Dec. PROTECTION BOARD 17-03 [FR 03-26115] U.S. Government Printing 3, 2003; 117 Stat. 1933) Practice and procedure: Dassault; comments due by Office, Washington, DC 20402 S. 650/P.L. 108–155 (phone, 202–512–1808). The Electronic transactions; e- 12-15-03; published 11- text will also be made Pediatric Research Equity Act Appeal and e-Filing; 13-03 [FR 03-28400] available on the Internet from of 2003 (Dec. 3, 2003; 117 comments due by 12-20- Dornier; comments due by GPO Access at http:// Stat. 1936) 03; published 10-20-03 12-17-03; published 11- www.access.gpo.gov/nara/ [FR 03-26172] 17-03 [FR 03-28610] S. 1685/P.L. 108–156 nara005.html. Some laws may PERSONNEL MANAGEMENT Empresa Brasileira de not yet be available. Basic Pilot Program Extension OFFICE Aeronautica S.A. and Expansion Act of 2003 Prevailing rate systems; (EMBRAER); comments H.R. 23/P.L. 108–146 (Dec. 3, 2003; 117 Stat. 1944) comments due by 12-15-03; due by 12-15-03; Tornado Shelters Act (Dec. 3, S. 1720/P.L. 108–157 published 11-14-03 [FR 03- published 11-14-03 [FR 2003; 117 Stat. 1883) 28466] 03-28495] H.R. 1683/P.L. 108–147 To provide for Federal court SMALL BUSINESS Hamburger Flugzeugbau Veterans’ Compensation Cost- proceedings in Plano, Texas. ADMINISTRATION G.m.b.H.; comments due of-Living Adjustment Act of (Dec. 3, 2003; 117 Stat. 1947) by 12-15-03; published Government contracting 2003 (Dec. 3, 2003; 117 Stat. S. 1824/P.L. 108–158 programs: 11-13-03 [FR 03-28402] 1885) McDonnell Douglas; H.R. 1904/P.L. 108–148 Overseas Private Investment Contract bundling; Corporation Amendments Act comments due by 12-19- comments due by 12-15- Healthy Forests Restoration 03; published 10-29-03 Act of 2003 (Dec. 3, 2003; of 2003 (Dec. 3, 2003; 117 03; published 10-20-03 Stat. 1949) [FR 03-26515] [FR 03-27213] 117 Stat. 1887) STATE DEPARTMENT Raytheon; comments due by H.R. 2744/P.L. 108–149 H.R. 2622/P.L. 108–159 12-19-03; published 11-4- Intercountry Adoption Act of To designate the facility of the Fair and Accurate Credit 03 [FR 03-27669] 2000: United States Postal Service Transactions Act of 2003 Airworthiness standards: located at 514 17th Street in Hague Convention— (Dec. 4, 2003; 117 Stat. 1952) Special conditions— Moline, Illinois, as the ‘‘David Agency accreditation and Last List December 4, 2003 Honeywell, Inc., Pilatus Bybee Post Office Building’’. person approval; (Dec. 3, 2003; 117 Stat. 1916) comments due by 12- PC-12/45 airplanes; H.R. 3175/P.L. 108–150 15-03; published 11-13- comments due by 12- 03 [FR 03-28544] 15-03; published 11-14- To designate the facility of the Public Laws Electronic 03 [FR 03-28530] United States Postal Service TRANSPORTATION Notification Service Class D airspace; comments located at 2650 Cleveland DEPARTMENT Avenue, NW in Canton, Ohio, (PENS) Federal Aviation due by 12-15-03; published 11-14-03 [FR 03-28539] as the ‘‘Richard D. Watkins Administration Post Office Building’’. (Dec. 3, Air carrier certification and Class E airspace; comments 2003; 117 Stat. 1917) PENS is a free electronic mail operations: due by 12-15-03; published notification service of newly 11-14-03 [FR 03-28534] H.R. 3379/P.L. 108–151 Major repair data enacted public laws. To To designate the facility of the subscribe, go to http:// development (SFAR No. United States Postal Service 36); comments due by listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS located at 3210 East 10th publaws-l.html 12-19-03; published 11- Street in Bloomington, Indiana, 19-03 [FR 03-28888] This is a continuing list of as the ‘‘Francis X. McCloskey Note: This service is strictly Airworthiness directives: public bills from the current Post Office Building’’. (Dec. 3, for E-mail notification of new Airbus; comments due by session of Congress which 2003; 117 Stat. 1918) laws. The text of laws is not 12-17-03; published 11- have become Federal laws. It S. 117/P.L. 108–152 available through this service. 17-03 [FR 03-28609] may be used in conjunction Florida National Forest Land PENS cannot respond to BAE Systems (Operations) with ‘‘PLUS’’ (Public Laws Management Act of 2003 specific inquiries sent to this Ltd.; comments due by Update Service) on 202–741– (Dec. 3, 2003; 117 Stat. 1919) address.

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