8–22–03 Friday Vol. 68 No. 163 Aug. 22, 2003

Pages 50681–50962

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1 II Federal Register / Vol. 68, No. 163 / Friday, August 22, 2003

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2 III

Contents Federal Register Vol. 68, No. 162

Friday, August 22, 2003

Agency for Toxic Substances and Disease Registry PROPOSED RULES NOTICES Medicare: Committees; establishment, renewal, termination, etc.: Respiratory assist devices with bi-level capacity and Scientific Counselors Board, 50775 back-up rate; payment, 50735–50739 NOTICES Agricultural Marketing Service Agency information collection activities; proposals, RULES submissions, and approvals, 50784 Milk marketing orders: Grants and cooperative agreements; availability, etc.: Upper Midwest, 50686–50687 Medicare— Pistachio nuts in shell and shelled; grade standards, 50681– State Children’s Health Insurance Program; allotments 50686 to States, District of Columbia, and U.S. territories NOTICES and commonwealths, 50784–50790 Agency information collection activities; proposals, Medicaid: submissions, and approvals, 50742 State allotments for payment of Medicare Part B premiums for qualifying individuals (2002 FY), Agricultural Research Service 50790–50793 NOTICES Meetings: Meetings: Medicare Education Advisory Panel, 50793–50794 Biotechnology and 21st Century Agriculture Advisory Practicing Physicians Advisory Council, 50794–50795 Committee, 50742–50743 Privacy Act: Systems of records, 50795–50804 Agriculture Department See Agricultural Marketing Service See Agricultural Research Service Coast Guard See Farm Service Agency RULES See Food Safety and Inspection Service Ports and waterways safety: See Forest Service Suisun Bay, CA; security zone, 50711–50713 See Natural Resources Conservation Service Commerce Department Air Force Department See Industry and Security Bureau NOTICES See International Trade Administration Agency information collection activities; proposals, submissions, and approvals, 50760–50761 Committee for Purchase From People Who Are Blind or Severely Disabled Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Procurement list; additions and deletions, 50748–50750 See Committee for Purchase From People Who Are Blind or Severely Disabled Committee for the Implementation of Textile Agreements Centers for Disease Control and Prevention NOTICES NOTICES Cotton, wool, and man-made textiles: Agency information collection activities; proposals, Indonesia, 50755–50756 submissions, and approvals, 50775–50779 Nepal, 50756 Grants and cooperative agreements; availability, etc.: Injury Control Research Centers, 50778–50782 Customs and Border Protection Bureau Meetings: RULES Public Health Service Activities and Research at DOE Air commerce: Sites Citizens Advisory Committee, 50782–50783 User fee airports, 50697–50698 Scientific Counselors Board, 50783 Drawback: Vessel sanitation program: Manufacturing substitution drawback; duty Cruise ship sanitation inspections; fees, 50783–50784 apportionment, 50700–50703 Public international organizations, designated; list update, Centers for Medicare & Medicaid Services 50698–50700 RULES PROPOSED RULES Medicare: Merchandise entry: Cost reports; electronic submission, 50717–50722 Anticounterfeiting Consumer Protection Act; Customs Medicare+Choice program; managed care provisions, entry documentation; withdrawn, 50733–50734 50839–50859 Standards and certification: Defense Department Laboratory requirements— See Air Force Department Medicare, Medicaid, and CLIA programs; quality PROPOSED RULES systems and certain personnel qualifications; Munitions Response Site Prioritization Protocol, 50899– correction, 50722–50725 50941

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NOTICES Television broadcasting: Environmental statements; availability, etc.: Cable television systems— Airborne Laser Program, 50756–50760 Consumer electronics equipment and cable systems; compatibility; effective date, 50725 Education Department PROPOSED RULES NOTICES Radio stations; table of assignments: Agency information collection activities; proposals, Oklahoma, 50740–50741 submissions, and approvals, 50761–50762 Television broadcasting: Grants and cooperative agreements; availability, etc.: Public safety services; Channel 16 utilization by New Postsecondary education— York Police Department and New York Metropolitan Upward Bound Program Participant Expansion Advisory Committee, 50739–50740 Initiative, 50957–50962 NOTICES Agency information collection activities; proposals, Employment Standards Administration submissions, and approvals, 50770–50771 NOTICES Applications, hearings, determinations, etc.: Minimum wages for Federal and federally-assisted Zawila, WIlliam L., et al., 50771–50774 construction; general wage determination decisions, 50809–50810 Federal Election Commission Energy Department RULES See Federal Energy Regulatory Commission Federal Election Campaign Act of 1971; deposition NOTICES transcripts in nonpublic investigations; policy Meetings: statement, 50688–50689 Environmental Management Advisory Board, 50762 High Energy Physics Advisory Panel, 50762–50763 Federal Energy Regulatory Commission RULES Environmental Protection Agency Filing fees; annual update, 50696–50697 RULES NOTICES Superfund program: Hydroelectric applications, 50764–50766 National oil and hazardous substances contingency Applications, hearings, determinations, etc.: plan— Virginia Electric & Power Co. et al., 50763–50764 National priorities list update, 50714–50717 PROPOSED RULES Federal Highway Administration Superfund program: RULES National oil and hazardous substances contingency Grants: plan— Operation of motor vehicles by intoxicated persons; National priorities list update, 50735 withholding of Federal-aid highway funds, 50703– NOTICES 50710 Committees; establishment, renewal, termination, etc.: Environmental Laboratory Advisory Board, 50766–50767 Federal Maritime Commission Environmental statements; availability, etc.: NOTICES Agency statements— Investigations, hearings, petitions, etc.: Comment availability, 50767–50768 National Customs Brokers and Forwarders Association of Weekly receipts, 50768–50769 America, Inc., 50774 Meetings: United Parcel Service, Inc., 50774 Scientific Counselors Board Executive Committee, 50769 Water pollution control: Federal Reserve System Marine sanitation device standard; petitions— NOTICES Connecticut, 50769–50770 Banks and bank holding companies: Formations, acquisitions, and mergers, 50774–50775 Farm Service Agency Federal Open Market Committee: NOTICES Domestic policy directives, 50774 Agency information collection activities; proposals, submissions, and approvals, 50743–50745 Federal Transit Administration Federal Aviation Administration NOTICES RULES Environmental statements; notice of intent: Airworthiness directives: Sonoma and Marin Counties, CA; commuter rail project, Piaggio Aero Industries S.p.A., 50693–50696 50827–50829 Short Brothers & Harland Ltd., 50689–50693 PROPOSED RULES Fish and Wildlife Service Airworthiness directives: NOTICES Bombardier, 50729–50731 Endangered and threatened species and marine mammal Eurocopter France, 50731–50733 permit applications, 50804–50805 Restricted areas; correction, 50838 Food and Drug Administration Federal Communications Commission NOTICES RULES Reports and guidance documents; availability, etc.: Radio stations; table of assignments: Nucleic acid testing of pooled plasma; current status Washington, 50725 authority application; guidance withdrawn, 50804

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Food Safety and Inspection Service International Trade Commission RULES NOTICES Meat and poultry inspection: Import investigations: Ready-to-eat meat and poultry products; listeria U.S.-Dominican Republic Free Trade Agreements; advice monocytogenes workshops for small and very small concerning probable economic effect, 50808–50809 plants, 50687–50688 Labor Department Forest Service See Employment Standards Administration NOTICES NOTICES Agency information collection activities; proposals, Grants and cooperative agreements; availability, etc.: submissions, and approvals, 50745–50746 Central America; strengthening labor systems; correction, Environmental statements; notice of intent: 50809 Beaverhead and Deerlodge National Forests, MT, 50746 Moroccan Labor Ministry; strengthening labor capacity; Medicine Bow-Routt National Forests, CO, 50746–50747 correction, 50809 Southern Africa; strengthening labor systems; correction, Health and Human Services Department 50809 See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention Land Management Bureau See Centers for Medicare & Medicaid Services NOTICES See Food and Drug Administration Environmental statements; availability, etc.: NOTICES Pittsburg & Midway Coal Mining Co. Exchange, WY, Meetings: 50805–50807 Bioethics, President’s Council, 50775 Minerals Management Service Homeland Security Department NOTICES See Coast Guard Environmental statements; availability, etc.: See Customs and Border Protection Bureau Pacific OCS— Oil and gas leases, 50807–50808 Housing and Urban Development Department NOTICES National Highway Traffic Safety Administration Grants and cooperative agreements; availability, etc.: RULES Facilities to assist homeless— Grants: Excess and surplus Federal property, 50861–50898 Operation of motor vehicles by intoxicated persons; withholding of Federal-aid highway funds, 50703– Industry and Security Bureau 50710 NOTICES Meetings: National Science Foundation Regulations and Procedures Technical Advisory NOTICES Committee, 50750 Antarctic Conservation Act of 1978; permit applications, etc., 50810–50811 Interior Department See Fish and Wildlife Service Natural Resources Conservation Service See Land Management Bureau NOTICES See Minerals Management Service Environmental statements; availability, etc.: See Surface Mining Reclamation and Enforcement Office Conrad Creek, OR, 50748 East Fork above Lavon Watershed, Trinity Watershed, Internal Revenue Service TX, 50748 RULES Income taxes: Nuclear Regulatory Commission Tax attributes reduction due to discharge of indebtedness NOTICES Correction, 50710–50711 Environmental statements; availability, etc.: PROPOSED RULES Nuclear power plant operating license renewal; review Income taxes: process, 50811 Statutory stock options Meetings: Hearing cancellation, 50734 Reactor Safeguards Advisory Committee, 50811–50812 NOTICES Meetings: Personnel Management Office Taxpayer Advocacy Panels, 50836 PROPOSED RULES Intergovernmental Personnel Act Mobility Programs: International Trade Administration Federal Government and State, local, and Indian Tribal NOTICES governments, higher education institutions, etc.; Antidumping and countervailing duties: temporary employee assignments, 50726–50727 Administrative review requests, 50750–50753 Prevailing rate systems, 50727–50729 Committees; establishment, renewal, termination, etc.: NOTICES District Export Councils, 50753 Agency information collection activities; proposals, Export trade certificates of review, 50754–50755 submissions, and approvals, 50812–50813

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Securities and Exchange Commission Treasury Department RULES See Internal Revenue Service Practice and procedure: NOTICES Filing fee account rule adoption, 50953–50955 Agency information collection activities; proposals, NOTICES submissions, and approvals, 50834–50836 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 50813–50819 Pacific Exchange, Inc., 50820–50825 Veterans Affairs Department NOTICES Surface Mining Reclamation and Enforcement Office Privacy Act: RULES Computer matching programs, 50836–50837 Permanent program and abandoned mine land reclamation plan submissions: Missouri, 50943–50949 PROPOSED RULES Separate Parts In This Issue Permanent program and abandoned mine land reclamation plan submissions: Part II Missouri, 50949–50951 Health and Human Services Department, Centers for Medicare & Medicaid Services, 50839–50859 Surface Transportation Board NOTICES Environmental statements; availability, etc.: Part III Tongue River Railroad Co., 50829–50833 Housing and Urban Development Department, 50861–50898 Railroad operation, acquisition, construction, etc.: Omaha Public Power District, 50833–50834 Part IV Tennessee Valley Authority Defense Department, 50899–50941 NOTICES Agency information collection activities; proposals, Part V submissions, and approvals, 50825 Interior Department, Surface Mining Reclamation and Enforcement Office, 50943–50951 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Part VI Securities and Exchange Commission, 50953–50955 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Part VII Transportation Department Education Department, 50957–50962 See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration Reader Aids See Surface Transportation Board Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Agency information collection activities; proposals, and notice of recently enacted public laws. submissions, and approvals, 50825–50826 To subscribe to the Federal Register Table of Contents Meetings: LISTSERV electronic mailing list, go to http:// Electronic Transmission and Storage of Drug Testing listserv.access.gpo.gov and select Online mailing list Information Federal Advisory Committee, 50826– archives, FEDREGTOC-L, Join or leave the list (or change 50827 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.

5 CFR Proposed Rules: 334...... 50726 532...... 50727 7 CFR 51...... 50681 1030...... 50686 9 CFR 430...... 50687 11 CFR 111...... 50688 14 CFR 39 (2 documents) ...... 50689, 50693 Proposed Rules: 39 (2 documents) ...... 50729, 50731 73...... 50838 17 CFR 200...... 50954 202...... 50954 18 CFR 381...... 50696 19 CFR 122...... 50697 148...... 50698 191...... 50700 Proposed Rules: 141...... 50733 23 CFR 1225...... 50703 26 CFR 1...... 50710 Proposed Rules: 1...... 50734 14a...... 50734 30 CFR 925...... 50944 Proposed Rules: 925...... 50950 32 CFR Proposed Rules: 179...... 50900 33 CFR 165...... 50711 40 CFR 300...... 50714 Proposed Rules: 300...... 50735 42 CFR 409...... 50840 413...... 50717 417...... 50840 422...... 50840 493...... 50722 Proposed Rules: 414...... 50735 47 CFR 15...... 50725 73...... 50725 Proposed Rules: 2...... 50739 73...... 50740

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Rules and Regulations Federal Register Vol. 68, No. 163

Friday, August 22, 2003

This section of the FEDERAL REGISTER 20250–0240, fax (202) 720–8871, e-mail for more than 99 percent of domestic contains regulatory documents having general [email protected]. pistachio production. More current applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: information available to the Department are keyed to and codified in the Code of indicates that California has 97 percent Federal Regulations, which is published under Executive Orders 12988 and 12866 50 titles pursuant to 44 U.S.C. 1510. of domestic production with Arizona at This rule has been reviewed under 2 percent and New Mexico with less The Code of Federal Regulations is sold by Executive Order 12988, Civil Justice than 1 percent. the Superintendent of Documents. Prices of Reform. This action is not intended to Small agricultural service firms, new books are listed in the first FEDERAL have retroactive effect. This rule will which include handlers (packers, REGISTER issue of each week. not preempt any state or local laws, brokers, distributors, importers, etc.), regulations, or policies, unless they have been defined by the Small present an irreconcilable conflict with DEPARTMENT OF AGRICULTURE Business Administration (SBA) (13 CFR this rule. There are no administrative 121.601) as those having annual receipts procedures which must be exhausted Agricultural Marketing Service of less than $5,000,000 and small prior to any judicial challenge to the agricultural producers are defined as provisions of the rule. The Office of 7 CFR Part 51 those having annual receipts of less than Management and Budget has waived the $750,000. The pistachio industry is [Docket Number FV–98–304] review process required by Executive characterized by growers that produce Order 12866 for this action. from .1 to more than 500 acres. United States Standards for Grades of Regulatory Flexibility Act Approximately 9 percent of the Pistachio Nuts in the Shell, and United California pistachio growers receive States Standards for Grades of Shelled Pursuant to the requirements set forth more than $550,000 annually. Only a Pistachio Nuts in the Regulatory Flexibility Act (RFA), portion of these producers would meet AMS has considered the economic SBA’s definition of a small agricultural AGENCY: Agricultural Marketing Service, impact of this action on small entities. USDA. producer. At least 12 of the California The purpose of the RFA is to fit pistachio handlers (or 63 percent of the ACTION: Final rule. regulatory actions to the scale of total) could be considered small businesses subject to such actions so SUMMARY: This rule revises the United businesses under SBA’s definition. We that small businesses will not be unduly would expect that similar size States Standards for Grades of Pistachio or disproportionately burdened. Nuts in the Shell and the United States determinations would hold for the Accordingly, AMS has prepared this remainder of domestic production. Standards for Grades of Shelled initial regulatory flexibility analysis. Pistachio Nuts. The revisions will Interested parties are invited to submit This rule will: More closely align the modify the standards to more closely information on the regulatory and grade names with other tree nut align grade names with other tree-nut informational impacts of this action on commodities and current industry commodities and current industry- small businesses. recognized marketing terms, reduce the recognized marketing terms, reduce the Available information provided by the tolerance for internal defects for the tolerance for internal defects for the California Pistachio Commission (CPC) purpose of providing a higher degree of purpose of providing a higher degree of show that there are 647 California quality assurance to consumers, relax quality assurance, relax tolerances of the pistachio producers and 19 California the level of light stain on the shell, more level of light stain on the shell in the handlers of pistachio nuts, most of objectively define when nuts are various grade levels based on consumer which are also growers or have grower damaged by various factors, and preferences, more objectively define members. Additional information establish two additional grades which when nuts are damaged by various provided by CPC show that 445 reflect the industry’s marketing of in- factors, and include two in-shell grade California pistachio producers (69% of shell byproducts. The benefits of this specifications which reflect the the total) produce less than 100,000 rule are not expected to be industry’s byproduct. These standards pounds per year; 100 producers (15%) disproportionately greater or smaller for are issued under the Agricultural produce more than 100,000 and less small handlers or producers than for Marketing Act of 1946. These changes than 250,000 pounds; 43 growers (7%) large entities. will promote greater uniformity and produce more than 250,000 and less This action will make the standards consistency in the standards, as well as than 500,000 pounds; and 59 producers more consistent and uniform with provide consistency with current (9%) grow more than 500,000 pounds. current industry terms and practices. marketing practices. U.S. grade standards for pistachios This action would not impose EFFECTIVE DATE: September 22, 2003. would normally be used at the sales substantial direct economic cost, record FOR FURTHER INFORMATION CONTACT: level of marketing, which is ordinarily keeping, or personnel workload changes David L. Priester, Standardization carried out at the processor/packer level on small entities, and it would not alter Section, Fresh Products Branch, Fruit or after processing has been completed. the market share or competitive position and Vegetable Programs, Agricultural Pistachio nuts may be marketed by of these entities relative to large Marketing Service, U.S. Department of multiple commodity marketing firms. businesses. USDA has not identified any Agriculture, 1400 Independence The California Department of Food Federal rules that currently duplicate, Avenue, SW., Room 1661, South and Agriculture Resource Directory overlap, or conflict with this rule. In Building, STOP 0240, Washington, DC 2002, reports that California accounted addition, under the Agricultural

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Marketing Act of 1946, the use of these inspectors based on these standards has shippers, requested an amendment to standards is voluntary. continued for three marketing seasons. the standards. Alternatives were considered for this The changes herein are based on the This rule revises the standards to action. One alternative would be to not standards currently being used by the more closely align the grade names with issue a rule. However, the need for industry to market U.S. grown pistachio other tree nut commodities and current revisions have increased as a result of nuts nationally and internationally. industry recognized marketing terms, changing marketing characteristics by reduce the tolerance for internal defects Background industry, several years of work with the for the purpose of providing a higher industry to assess market and grower The United States Standards for degree of quality assurance to implications, and other input from all Grades of Pistachio Nuts in the Shell consumers, relax the level of light stain sectors of the pistachio industry and and the United States Standards for on the shell, more objectively define government. Since the purpose of these Grades of Shelled Pistachio Nuts were when nuts are damaged by various standards is to expedite the marketing of developed in 1986 and 1990, factors, and establish two additional pistachio nuts in the U.S., not revising respectively. At that time, the U.S. grades which reflect the industry’s the standards would result in disuse of pistachio industry was beginning to marketing of in-shell byproducts. These national standards and confusion in compete in a global market. As the changes are intended to update the terms of industry marketing and the industry has grown in numbers of standards to maintain their usefulness proper application of the grade growers and processors and in volume, as they are applied to today’s marketing standards. the current grade standards have been challenges, both nationally and The proposed rule, the United States regularly used as a basis of marketing. internationally. Standards for Grades of Pistachio Nuts In recent years, foreign and domestic Therefore, AMS amends the United in the Shell and the United States buyers have developed customers that States Standards for Grades of Pistachio Standards for Grades of Shelled have uses for nuts which have Nuts in the Shell and the United States Pistachio Nuts was published in the specifications outside the scope of the Standards for Grades of Shelled Federal Register on May 23, 2003 (68 U.S. grade standards. In addition, U.S. Pistachio Nuts as follows: FR 28141). A comment period of thirty marketers have begun to offer for sale List of Subjects in 7 CFR Part 51 days was issued which closed on June byproduct forms of pistachio nuts for 23, 2003. which there are no uniform marketing Agricultural commodities, Food Final Rule and Comments specifications in the form of recognized grades and standards, Fruits, Nuts, grade standards. Reporting and recordkeeping One e-mail comment was received. requirements, Trees, Vegetables. The commenter stated that the United AMS received a request to update and revise the United States Standards for States Standards for Grades of Pistachio PART 51—[AMENDED] Nuts in the Shell contain a tolerance for Grades of Pistachio Nuts in the Shell ‘‘damage by other means,’’ but do not and the United States Standards for ■ For reasons set forth in the preamble, contain a definition for ‘‘damage by Grades of Shelled Pistachio Nuts from 7 CFR part 51 is amended as follows: other means.’’ However, ‘‘damage by the CPC. The CPC is the State-approved ■ 1. The authority citation for part 51 other means’’ is not a specific defect. marketing agent for the California continues to read as follows: pistachio industry and represents nearly This tolerance is provided for all defects Authority: 7 U.S.C. 1621–1627. that are not specifically covered by all commercial pistachio producers and other tolerances. Therefore, a definition handlers in California. AMS and its ■ 2. Section 51.2541 is revised to read as for ‘‘damage by other means’’ is not State cooperator in California have been follows: necessary. closely working with CPC and its This rule would revise the United members since 1994 to review and Subpart—United States Standards for States Standards for Grades of Pistachio update the industry grade standards. Grades of Pistachio Nuts in the Shell Nuts in the Shell and the United States Official inspection services, with these Grades U.S. grade standards as the basis, have Standards for Grades of Shelled § 51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. Pistachio Nuts that were issued under been used by the industry since the No. 1 And U.S. Select Grades. inception of the standards. the Agricultural Marketing Act of 1946. ‘‘U.S. Fancy,’’ ‘‘U.S. Extra No. 1,’’ Currently, the majority of U.S. These standards are voluntarily used by ‘‘U.S. No. 1,’’ and ‘‘U.S. Select’’ consists pistachio production, and more than 30 industry as a common trading language of pistachio nuts in the shell which percent of worldwide pistachio to market pistachio nuts under meet the following requirements: production, originates from California. established and known specifications. (a) Basic requirements: In some transactions, the buyer and The California industry, in cooperation (1) Free from: seller may establish their own with the CPC, began a comprehensive (i) Foreign material; specifications for the sale, use portions review of the current standards in 1994. (ii) Loose kernels; of the U.S. standards while altering As this process evolved, the industry (iii) Shell pieces; other portions to fit the sale and needs tested possible revision theories through (iv) Particles and dust; and, of the parties, or use the U.S. standards hands-on testing in the packing plants, (v) Blanks. as written. through consumer preference studies, (b) Shells: At the time of its 1998 request to and through public meetings with (1) Free from: AMS, the CPC issued ‘‘industry processors, growers and other interested (i) Non-split shells; and, standards’’ based on the requested parties. This was initiated in order to (ii) Shells not split on suture. changes and encouraged California review the standards and meet the (2) Free from damage by: pistachio nuts to be marketed under marketing needs of the U.S. pistachio (i) Adhering hull material; those standards. The use of the industry and the preferences of industry (ii) Light stained; voluntary ‘‘industry standards’’ for buyers and the general public. As a (iii) Dark stained; and, national and international marketing result of this study, the CPC, acting on (iv) Other External (shell) defects. with official certification by USDA behalf of California growers and (c) Kernels:

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(1) Well dried, or, very well dried (ii) Shells not split on suture. (iii) Shell pieces; when specified in connection with the (2) Free from damage by: (iv) Particles and dust; and, grade. (i) Adhering hull material; (v) Blanks. (2) Free from damage by: (ii) Light stained; (b) Shells: (i) Immature kernels; (iii) Dark stained; and, (1) Free from damage by: (ii) Kernel spotting; and, (iv) Other External (shell) defects. (i) Adhering hull material; and, (iii) Other Internal (kernel) defects. (c) Kernels: (ii) Dark stain. (3) Free from serious damage by: (1) Well dried, or, very well dried (i) Minor insect or vertebrate injury; when specified in connection with the (c) Kernels: (ii) Insect damage; grade. (1) Well dried, or very well dried (iii) Mold; (2) Free from damage by: when specified in connection with the (iv) Rancidity; (i) Immature kernels; grade. (v) Decay; and, (ii) Kernel spotting; and, (2) Free from damage by: (vi) Other Internal (kernel) defects. (iii) Other Internal (kernel) defects. (i) Immature kernels; (d) The nuts are of a size not less than (3) Free from serious damage by: (ii) Kernel spotting; and, 30⁄64 inch in diameter as measured by a (i) Minor insect or vertebrate injury; (iii) Other internal (kernel) defects. round hole screen. (ii) Insect damage; (3) Free from serious damage by: (e) For tolerances, see § 51.2544. (iii) Mold; (i) Minor insect or vertebrate injury; ■ 3.–4. Section 51.2542 is revised to read (iv) Rancidity; (ii) Insect damage; as follows: (v) Decay; and, (iii) Mold; (vi) Other Internal (kernel) defects. (iv) Rancidity; § 51.2542 U.S. Artificially Opened. (d) The nuts are of a size not less than (v) Decay; and, ‘‘U.S. Artificially Opened’’ consists of 30⁄64 inch in diameter as measured by a artificially opened pistachio nuts in the round hole screen. (vi) Other Internal (kernel) defects. shell which meet the following (e) For tolerances, see § 51.2544. (d) The nuts are of a size not less than 30⁄64 inch in diameter as measured by a requirements: ■ 5. Section 51.2543 is revised to read as round hole screen. (a) Basic Requirements: follows: (1) Free from: (e) For Tolerances, see § 51.2544. (i) Foreign material; § 51.2543 U.S. Non-Split. ■ 6. Section 51.2544 is revised to read as (ii) Loose kernels; ‘‘U.S. Non-Split’’ consists of non-split follows: (iii) Shell pieces; pistachio nuts in the shell which meet (iv) Particles and dust; and, the following requirements: § 51.2544 Tolerances. (v) Blanks. (a) Basic requirements: (a) In order to allow for variations (b) Shells: (1) Free from: incident to proper grading and (1) Free from: (i) Foreign material; handling, the tolerances in Tables I, II, (i) Non-split shells; and, (ii) Loose kernels; and III of this section are provided.

TABLE I.—TOLERANCES [Percent]

U.S. extra U.S. artificially U.S. non- Factor U.S. fancy No. 1 U.S. No. 1 U.S. select opened split

External (shell) Defects (tolerances by weight): (a) Non-split and not split on suture ...... 2 3 6 10 10 N/A (1) Non-split included in (a) ...... 1 2 3 4 4 N/A (b) Adhering hull material ...... 1 1 1 2 2 2 (c) Light stained ...... 7 12 25 N/A N/A N/A (1) Dark stained, included in (c) ...... 2 3 3 3 3 3 (d) Damage by other means ...... 1 1 2 3 10 N/A (e) Total External Defects ...... 9 16 N/A N/A N/A N/A (f) Undersized (Less than 30⁄64 inch in diameter) .... 5 5 5 5 4 5

TABLE II.—TOLERANCES [Percent]

U.S. extra U.S. artificially U.S. non- Factor U.S. fancy No. 1 U.S. No. 1 U.S. select opened split

Internal (Kernel) Defects (tolerances by weight): (a) Damage ...... 3 6 6 6 6 6 (b) Serious Damage ...... 3 4 4 4 4 4 (1) Insect Damage, Mold, Rancid, Decay, included in (b) ...... 1 2 2 2 2 2 (c) Total Internal Defects ...... 4 8 9 9 9 9

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TABLE III.—TOLERANCES [Percent]

U.S. extra U.S. artificially Factor U.S. fancy No. 1 U.S. No. 1 U.S. select opened U.S. non-split

Other Defects (tolerances by weight): (a) Shell pieces and blanks ...... 2 2 2 2 2 2 (1) Blanks, included in (a) ...... 1 1 1 1 1 1 (b) Foreign material (No glass, metal or live insects shall be permitted) ...... 25 .25 .25 .25 .25 .25 (c) Particles and dust ...... 25 .25 .25 .25 .25 .25 (d) Loose kernels ...... 4 5 6 6 6 6

■ 7. Section 51.2545 is revised to read as shell and which cannot be considered evidence of insects, immature kernels, follows: particles and dust. rancid kernels, mold, or decay. (d) External (shell) defects means any (1) Damage by internal (kernel) § 51.2545 Application of tolerances. blemish affecting the hard covering defects means any specific defect The tolerances for the grades apply to around the kernel. Such defects include, described in paragraphs (e)(1)(i) through the entire lot and shall be based on a but are not limited to, non-split shells, (ii) of this section; or an equally composite sample drawn from shells not split on suture, adhering hull objectionable variation of any one of containers throughout the lot. Any material, light stained, or dark stained. these defects, any other defect, or any container or group of containers which (1) Damage by external (shell) defects combination of defects, which have nuts obviously different in quality means any specific defect described in materially detracts from the appearance or size from those in the majority of the paragraphs (d)(1) (i) through (v) of this or the edible or marketing quality of the containers shall be considered a section, or an equally objectionable individual kernel or of the lot. (For separate lot and shall be sampled variation of any one of these defects, tolerances see § 51.2544, Table II.) separately. any other defect, or any combination of (i) Immature kernels are excessively ■ 8. Section 51.2546 is revised to read as defects, which materially detracts from thin or when a kernel fills less than follows: the appearance or the edible or three-fourths, but not less than one-half marketing quality of the individual shell the shell cavity. § 51.2546 Size. or of the lot. (For tolerances see (ii) Kernel spotting refers to dark Nuts may be considered as meeting a § 51.2544, Table I.) brown or dark gray spots aggregating size designation specified in Table IV or (i) Non-split shells means shells are more than one-eighth of the surface of a range in number of nuts per ounce, not opened or are partially opened and the kernel. provided, the weight of 10 percent, by will not allow an 18/1000 (.018) inch (2) Serious damage by internal (kernel) defects means any specific count, of the largest nuts in a sample thick by 1⁄4 (.25) inch wide gauge to slip does not exceed 1.50 times the weight into the opening. defect described in paragraphs (e)(2)(i) of 10 percent, by count, of the smallest (ii) Not split on suture means shells through (v) of this section; or an equally and the average number of nuts per are split other than on the suture and objectionable variation of any one of ounce is not more than one-half nut will allow an 18/1000 (.018) inch thick these defects, any other defect, or any combination of defects, which seriously above or below the extremes of the by 1⁄4 (.25) inch wide gauge to slip into range specified. the opening. detracts from the appearance or the (iii) Adhering hull material means an edible or the marketing quality of the TABLE IV.—NUT SIZE aggregate amount covers more than one- individual kernel or of the lot. (For eighth of the total shell surface, or when tolerances see § 51.2544, Table II.) (i) Minor insect or vertebrate injury Size designations Average number of nuts readily noticeable on dyed shells. per ounce 1 means the kernel shows conspicuous (iv) Light stained on raw or roasted evidence of feeding. Colossal ...... Less than 18. nuts, means an aggregate amount of (ii) Insect damage is an insect, insect Extra Large ...... 18 to 20. yellow to light brown or light gray fragment, web or frass attached to the Large ...... 21 to 25. discoloration is noticeably contrasting kernel. No live insects shall be Medium ...... 26 to 30. with the predominate color of the shell Small ...... More than 30. permitted. and affects more than one-fourth of the (iii) Mold which is readily visible on 1 Before Roasting. total shell surface or, on dyed nuts, the shell or kernel. when readily noticeable. (iv) Rancidity means the kernel is ■ 9. Section 51.2547 is revised to read as (v) Dark stained on raw or roasted distinctly rancid to taste. Staleness of follows: nuts, means an aggregate amount of dark flavor shall not be classed as rancidity. brown, dark gray or black discoloration (v) Decay means one-sixteenth or § 51.2547 Definitions. affects more than one-eighth of the total more of the kernel surface is (a) Well dried means the kernel is firm shell surface, or, on dyed nuts, when decomposed. and crisp. readily noticeable, provided that (f) Other defects means defects which (b) Very well dried means the kernel speckled appearing stain located within cannot be considered internal defects or is firm and crisp and the average the area of one-fourth of the shell external defects. Such defects include, moisture content of the lot does not nearest the stem end shall be but are not limited to shell pieces, exceed 7.00 percent or is specified. (See disregarded. blanks, foreign material or particles and § 51.2548.) (e) Internal (kernel) defects means any dust. The following shall be considered (c) Loose kernels means edible kernels blemish affecting the kernel. Such other defects. (For tolerances see or kernel portions which are out of the defects include, but are not limited to § 51.2544, Table III.)

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(1) Shell pieces means open in-shell the air-oven method or other officially ■ 13. Section 51.2556 is revised to read nuts not containing a kernel, half shells approved methods or devices. Results as follows: or pieces of shell which are loose in the obtained by methods or devices not sample. officially approved may be reported and § 51.2556 Grades. (2) Blank means a non-split shell not shall include a description of the (a) ‘‘U.S. Fancy,’’ ‘‘U.S. Extra No. 1,’’ containing a kernel or containing a method or device and the owner of any and ‘‘U.S. No. 1’’ consist of pistachio kernel that fills less than one-half the equipment used. kernels which meet the following shell cavity. ■ 11. Section 51.2549 is added to read as requirements: (3) Foreign material means leaves, follows: (1) Well dried, or very well dried sticks, loose hulls or hull pieces, dirt, when specified in connection with the rocks, insects or insect fragments not § 51.2549 Metric conversion table. grade. attached to nuts, or any substance other Use the following table for metric (2) Free from: than pistachio shells or kernels. Glass, conversion: (i) Foreign material, including in-shell metal or live insects shall not be nuts, shells, or shell fragments. permitted. Inches Millimeters (4) Particles and dust means pieces of (3) Free from damage by: nut kernels which will pass through a 5⁄64 ...... 1.98 (i) Immature kernels; 18⁄100 ...... 46 (ii) Kernel spotting; and 5/64 inch round opening. 1 (5) Undersize means pistachio nuts in ⁄4 ...... 6.35 (iii) Other defects. 30⁄64 ...... 11.88 the shell which fall through a 30/64 (4) Free from serious damage by: inch round hole screen. Ounces Grams (i) Mold; ■ 10. Section 51.2548 is added to read as (ii) Minor insect or vertebrate injury; follows: 1 ...... 28.35 (iii) Insect damage; 2 ...... 56.70 § 51.2548 Average moisture content (iv) Rancidity; determination. (v) Decay; and, Subpart—United States Standards for (vi) Other defects. (a) Determining average moisture Grades of Shelled Pistachio Nuts content of the lot is not a requirement (5) Unless otherwise specified, of the grades, except when nuts are ■ 12. In § 51.2555, paragraph (b) is kernels shall meet the size classification specified as ‘‘very well dried.’’ It may be revised to read as follows: of Jumbo Whole Kernels (See § 51.2559). carried out upon request in connection (b) [Reserved] with grade analysis or as a separate § 51.2555 General. ■ 14. In § 51.2557, Table 1 is revised to determination. * * * * * read as follows: (b) Nuts shall be obtained from a (b) These standards are applicable to randomly drawn composite sample. raw, roasted, salted or salted/roasted § 51.2557 Tolerances. Official certification shall be based on pistachio kernels. * * * * *

TABLE 1.—TOLERANCES [Percent]

U.S. extra Factor (tolerances by weight) U.S. fancy No. 1 U.S. No. 1

(a) Damage ...... 2.0 2.5 3.0 (b) Serious Damage ...... 1.5 2.0 2.5 (1) Insect Damage, mold, rancid, decay, included in (b) ...... 3 .4 .5 (c) Foreign Material ...... 03 .05 .1

■ 15. Section 51.2559 is revised to read (3) Large Split Kernels: 75 percent or moisture content of the lot does not as follows: more, by weight, shall be half kernels exceed 7 percent or is specified (See split lengthwise and not more than 5 § 51.2561). § 51.2559 Size classifications. percent of the total sample shall pass (c) Foreign material means leaves, (a) The size of pistachio kernels may through a 16⁄64 inch round hole screen. sticks, in-shell nuts, shells or pieces of be specified in connection with the (4) Whole and Broken Kernels: means shells, dirt, or rocks, or any other grade in accordance with one of the a mixture of any combination of whole substance other than pistachio kernels. following size classifications. kernels or pieces. The percentage of No allowable tolerances for metal or glass. (1) Jumbo Whole Kernels: 80 percent whole kernels and/or pieces may be (d) Whole kernel means 3⁄4 of a kernel or more by weight shall be whole specified. Not more than 5 percent of 5 or more. kernels and not more than 5 percent of the total sample shall pass through a ⁄64 (e) Splits means more than 3⁄4 of a half the total sample shall pass through a inch round hole screen. (b) [Reserved] kernel split lengthwise. 24⁄64 inch round hole screen with not ■ (f) Damage means any specific defect more than 1 percent passing through a 16. Section 51.2560 is revised to read as follows: described in paragraph (f) (1) through 16⁄64 inch round hole screen. (2) of this section or an equally (2) Large Whole Kernels: 80 percent or § 51.2560 Definitions. objectionable variation of any one of more, by weight, shall be whole kernels (a) Well dried means the kernel is firm these defects, any other defect, or any and not more than 2 percent of the total and crisp. combination of defects, which sample shall pass through a 16⁄64 inch (b) Very well dried means the kernel materially detracts from the appearance round hole screen. is firm and crisp and the average or the edible or marketing quality of the

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individual kernel or of the lot. (For DEPARTMENT OF AGRICULTURE not in accordance with the law. A tolerances, see § 51.2557, Table I.) handler is afforded the opportunity for Agricultural Marketing Service (1) Immature kernels are excessively a hearing on the petition. After a thin kernels and can have black, brown hearing, the Department would rule on 7 CFR Part 1030 the petition. The Act provides that the or gray surface with a dark interior color District Court of the United States in and the immaturity has adversely [Docket No. DA–01–03; AO–361–A35] any district in which the handler is an affected the flavor of the kernel. Milk in the Upper Midwest Marketing inhabitant, or has its principal place of (2) Kernel spotting refers to dark Area: Order Amending the Order business, has jurisdiction in equity to brown or dark gray spots aggregating review the Department’s ruling on the more than one-eighth of the surface of AGENCY: Agricultural Marketing Service, petition, provided a bill in equity is the kernel. USDA. filed not later than 20 days after the date ACTION: (g) Serious damage means any Final rule. of the entry of the ruling. specific defect described in paragraph SUMMARY: This document adopts as a Regulatory Flexibility Act and (g) (1) through (5) of this section, or an final rule, without change an interim Paperwork Reduction Act equally objectionable variation of any final rule concerning pooling provisions In accordance with the Regulatory one of these defects, any other defect, or of the Upper Midwest Federal milk Flexibility Act (5 U.S.C. 601 et seq.), the any combination of defects, which order. Specifically, this final rule Agricultural Marketing Service has seriously detracts from the appearance continues to prohibit the ability to considered the economic impact of this or the edible or marketing quality of the simultaneously pool the same milk on action on small entities and has certified individual kernel or of the lot. (For the Upper Midwest Federal milk order that this rule will not have a significant tolerances see § 51.2557 Table I.) and a State-operated milk order that has economic impact on a substantial (1) Mold which is readily visible on market-wide pooling. Additionally, the number of small entities. For the final rule limits the amount of milk that the kernel. purpose of the Regulatory Flexibility can be diverted to nonpool plants from Act, a dairy farm is considered a ‘‘small (2) Minor insect or vertebrate injury pool distributing plants regulated under business’’ if it has an annual gross means the kernel shows conspicuous the order. More than the required revenue of less than $750,000, and a evidence of feeding. number of producers in the Upper dairy products manufacturer is a ‘‘small (3) Insect damage is an insect, insect Midwest marketing area have approved business’’ if it has fewer than 500 fragment, web or frass attached to the the issuance of the final order employees. kernel. No live insects shall be amendments. For the purposes of determining which dairy farms are ‘‘small permitted. EFFECTIVE DATE: September 1, 2003. businesses,’’ the $750,000 per year (4) Rancidity means the kernel is FOR FURTHER INFORMATION CONTACT: criterion was used to establish a distinctly rancid to taste. Staleness of Gino Tosi, Marketing Specialist, USDA/ production guideline of 500,000 pounds flavor shall not be classed as rancidity. AMS/Dairy Programs, Order per month. Although this guideline does Formulation and Enforcement Branch, (5) Decay means one-sixteenth or not factor in additional monies that may Stop 0231–Room 2971, 1400 more of the kernel is decomposed. be received by dairy producers, it Independence Avenue, SW., should be an inclusive standard for ■ 17. Section 51.2562 is added to read as Washington, DC 20250–0231, (202) 690– most ‘‘small’’ dairy farmers. For follows: 1366, e-mail: [email protected]. purposes of determining a handler’s SUPPLEMENTARY INFORMATION: This size, if the plant is part of a larger § 51.2562 Metric Conversion Table. administrative rule is governed by the company operating multiple plants that Use the following table for metric provisions of Sections 556 and 557 of collectively exceed the 500-employee conversion: Title 5 of the United States Code and, limit, the plant will be considered a therefore, is excluded from the large business even if the local plant has Inches Millimeters requirements of Executive Order 12866. fewer than 500 employees. This final rule has been reviewed In June 2001, there were 12,748 5⁄64 1.98 under Executive Order 12988, Civil producers pooled on, and 57 handlers 16⁄64 6.35 Justice Reform. This rule is not intended regulated by, the Upper Midwest order. 24⁄64 9.53 to have retroactive effect. This rule will Based on these criteria, the vast majority Ounces Grams not preempt any state or local laws, of the producers and handlers would be 1 28.35 regulations, or policies, unless they considered as small businesses. The 2 56.7 present an irreconcilable conflict with adoption of the proposed pooling the rule. standards serves to revise established Dated: August 19, 2003. The Agricultural Marketing criteria that determine those producers, A.J. Yates, Agreement Act of 1937, as amended (7 producer milk, and plants that have a U.S.C. 601–674), provides that reasonable association with, and are Administrator, Agricultural Marketing administrative proceedings must be consistently serving the fluid needs of, Service. exhausted before parties may file suit in the Upper Midwest milk marketing area [FR Doc. 03–21547 Filed 8–21–03; 8:45 am] court. Under section 608c(15)(A) of the and are not associated with other BILLING CODE 3410–02–P Act, any handler subject to an order may market-wide pools concerning the same request modification or exemption from milk. Criteria for pooling are established such order by filing with the on the basis of performance levels that Department of Agriculture (USDA) a are considered adequate to meet the petition stating that the order, any Class I fluid needs and, by doing so, provision of the order, or any obligation determine those that are eligible to share imposed in connection with the order is in the revenue that arises from the

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classified pricing of milk. Criteria for provisions of the Agricultural Marketing Federal Register. (Sec. 553(d), pooling are established without regard Agreement Act of 1937, as amended (7 Administrative Procedure Act, 5 U.S.C. to the size of any dairy industry U.S.C. 601–674), and the applicable 551–559.) organization or entity. The criteria rules of practice and procedure (c) Determinations. It is hereby established are applied in an identical governing the formulation of marketing determined that: fashion to both large and small agreements and marketing orders (7 CFR (1) The refusal or failure of handlers businesses and do not have any Part 900), a public hearing was held (excluding cooperative associations different economic impact on small upon certain proposed amendments to specified in Sec. 8c(9) of the Act) of entities as opposed to large entities. the tentative marketing agreement and more than 50 percent of the milk, which Therefore, the amendments will not to the order regulating the handling of is marketed within the specified have a significant economic impact on milk in the Upper Midwest marketing marketing area, to sign a proposed a substantial number of small entities. area. marketing agreement, tends to prevent A review of reporting requirements Upon the basis of the evidence the effectuation of the declared policy of was completed under the Paperwork introduced at such hearing and the the Act; Reduction Act of 1995 (44 U.S.C. record thereof it is found that: (2) The issuance of this order Chapter 35). It was determined that (1) The Upper Midwest order, as amending the Upper Midwest order is these amendments would have no hereby amended, and all of the terms the only practical means pursuant to the impact on reporting, recordkeeping, or and conditions thereof, will tend to declared policy of the Act of advancing other compliance requirements because effectuate the declared policy of the Act; the interests of producers as defined in they would remain identical to the (2) The parity prices of milk, as the order(s) as hereby amended; current requirements. No new forms are determined pursuant to section 2 of the (3) The issuance of the order proposed and no additional reporting Act, are not reasonable in view of the amending the Upper Midwest order is requirements would be necessary. price of feeds, available supplies of favored by at least two-thirds of the This action does not require feeds, and other economic conditions producers who were engaged in the additional information collection that which affect market supply and demand production of milk for sale in the for milk in the marketing area, and the requires clearance by the Office of marketing area. Management and Budget (OMB) beyond minimum prices specified in the order, currently approved information as hereby amended, are such prices as List of Subjects in 7 CFR Parts 1030 collection. The primary sources of data will reflect the aforesaid factors, insure Milk marketing orders. used to complete the forms are routinely a sufficient quantity of pure and Order Relative to Handling used in most business transactions. wholesome milk, and be in the public interest; and Forms require only a minimal amount of ■ It is therefore ordered, that on and after information which can be supplied (3) The Upper Midwest order, as hereby amended, regulates the handling the effective date of this document, the without data processing equipment or a handling of milk in the Upper Midwest trained statistical staff. Thus, the of milk in the same manner as, and is applicable only to persons in the marketing area shall be in conformity to information collection and reporting and in compliance with the terms and burden is relatively small. Requiring the respective classes of industrial and commercial activity specified in, a conditions of the order, as amended, and same reports for all handlers does not as hereby further amended, as follows: significantly disadvantage any handler marketing agreement upon which a that is smaller than the industry hearing has been held. PART 1030—MILK IN THE UPPER (b) Additional Findings. It is average. MIDWEST MARKETING AREA Prior documents in this proceeding: necessary in the public interest to make Notice of Hearing: Issued June 5, these amendments to the Upper ■ The interim final rule amending 7 CFR 2001; published June 11, 2001 (66 FR Midwest order effective September 1, part 1030 which was published at (67 FR 31185). 2003. Any delay beyond that date would 19507) on April 16, 2002, is adopted as Tentative Final Decision: Issued tend to disrupt the orderly marketing of a final rule without change. February 8, 2002; published February milk in the aforesaid marketing area. The amendments to these orders are Dated: August 18, 2003. 14, 2002 (67 FR 7040). A.J. Yates, Interim Final Rule: Issued April 16, known to handlers. The final decision containing the proposed amendments to Administrator, Agricultural Marketing 2002; published April 22, 2002 (67 FR Service. 19507). these orders was issued on June 18, Final Decision: Issued June 18, 2003; 2003. These proposed amendments are [FR Doc. 03–21530 Filed 8–21–03; 8:45 am] published June 24, 2003 (68 FR 37674). identical to the amendments in the BILLING CODE 3410–02–U Interim Final Rule published in the Findings and Determinations Federal Register on April 22, 2002 (67 The findings and determinations FR 19507) regulating the handing of DEPARTMENT OF AGRICULTURE hereinafter set forth supplement those milk in the Upper Midwest marketing Food Safety and Inspection Service that were made when the Upper area. Midwest order was first issued and The changes that result from these 9 CFR Part 430 when it was amended. The previous amendments will not require extensive findings and determinations are hereby preparation or substantial alteration in ratified and confirmed, except where the method of operation for handlers. In [Docket No. 03–029N] they may conflict with those set forth view of the foregoing, it is hereby found Listeria Monocytogenes Workshops herein. and determined that good cause exists The following findings are hereby for making these order amendments for Small and Very Small Plants made with respect to the Upper effective September 1, 2003. It would be AGENCY: Food Safety and Inspection Midwest order: contrary to the public interest to delay Service, USDA. (a) Findings upon the basis of the the effective date of these amendments ACTION: Notice of workshops. hearing record. Pursuant to the for 30 days after their publication in the

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SUMMARY: The Food Safety and regulations, all establishments that have requested to be included. Through Inspection Service (FSIS) is announcing produce RTE meat and poultry products the Listserv and Web page, FSIS is able that it will hold five workshops from that are exposed to the environment to provide information to a much September through October, 2003, to after lethality treatments and that broader, more diverse audience. discuss the upcoming implementation support the growth of L. monocytogenes For more information contact the of the interim final rule, ‘‘Control of are to have controls that prevent Congressional and Public Affairs Office, Listeria monocytogenes in Ready-to-Eat product adulteration by L. at (202) 720–9113. To be added to the Meat and Poultry Products,’’ (68 FR monocytogenes in their hazard analysis free e-mail subscription service 34208), which is effective on October 6, and critical control point (HACCP) (Listserv) go to the ‘‘Constituent 2003. The provisions of the rule require plans, in their sanitation standard Update’’ page on the FSIS Web site at official establishments that produce operating procedures, or in prerequisite http://www.fsis.usda.gov/oa/update/ certain ready-to-eat (RTE) meat and programs. Establishments are also update.htm. Click on the ‘‘Subscribe to poultry products to prevent product required to maintain and share with the Constituent Update Listserv’’ link, adulteration by the pathogenic FSIS data and information relevant to then fill out and submit the form. environmental contaminant Listeria their controls for L. monocytogenes. Done in Washington, DC on August 18, monocytogenes (L. monocytogenes). Additionally, the new regulations 2003. The focus of the upcoming workshops permit an establishment to make claims Garry L. McKee, will be on how small and very small on the labels of the RTE products Administrator. plants can comply with the new regarding the processes used to regulations. Key elements of the eliminate or reduce L. monocytogenes [FR Doc. 03–21483 Filed 8–21–03; 8:45 am] implementation of the final rule will be or suppress or limit its growth in the BILLING CODE 3410–DM–P addressed, and there will be an products. opportunity to ask questions and seek The workshops are designed to additional information. FSIS has held provide an overview of the final rule to FEDERAL ELECTION COMMISSION similar workshops in the past for small owners and managers of small and very and very small plants as a means of small Federal and State establishments. 11 CFR Part 111 helping such plants, which may have In addition, the workshops will give all [Notice 2003–15] fewer resources than large plants, to stakeholders a more in-depth comply with FSIS requirements. understanding of the three compliance Statement of Policy Regarding DATES: The workshops will be held on alternatives, the sampling provisions, Deposition Transcriptions in September 13, 20, and October 4, 2003. recordkeeping requirements, the use of Nonpublic Investigations labeling claims, how to comply with the ADDRESSES: On September 13, AGENCY: Federal Election Commission. validation provisions of the regulations, workshops will be held in Raleigh, ACTION: Statement of policy. North Carolina and Bridgeport, and how to prepare supporting Connecticut; on September 20, a documentation for their hazard SUMMARY: The Federal Election workshop will be held in Kansas City, analyses. The meeting will also provide Commission announces an alteration to Kansas; and on October 4, workshops the opportunity to discuss additional its historic practice with regard to will be held in Albuquerque, New ways of ensuring that small and very transcripts of depositions in Mexico and Oakland, California. small plants receive the assistance they enforcement matters to permit (Additional information will be need to successfully respond to the final deponents to obtain a copy of the provided at a later date.) rule. transcript of their own deposition so FOR FURTHER INFORMATION CONTACT: Pre- Additional Public Notification long as there is no good cause to limit the deponent to an opportunity to registration for the workshops is Public awareness of all segments of review and sign the transcript. suggested. To register, please contact rulemaking and policy development is Ms. Sheila Johnson of the FSIS Strategic important. Consequently, in an effort to EFFECTIVE DATE: August 22, 2003. Initiatives, Partnership and Outreach better ensure that minorities, women, FOR FURTHER INFORMATION CONTACT: Staff at (202) 690–6498, fax: (202) 690– and persons with disabilities are aware Lawrence L. Calvert, Deputy Associate 6500, or e-mail: of this notice, FSIS will announce it and General Counsel for Enforcement, [email protected]. For make copies of this Federal Register Federal Election Commission, 999 E technical information, please contact publication available through the FSIS Street NW., Washington, DC 20463, Michaelle Fisher at (401) 221–7400, or Constituent Update. FSIS provides a (202) 694–1650 or (800) 424–9530. email: [email protected]. If weekly Constituent Update, which is SUPPLEMENTARY INFORMATION: When a sign language interpreter or other communicated via Listserv, a free e-mail Federal Election Commission attorneys special accommodations are required, subscription service. In addition, the take a deponent’s sworn testimony at an please contact Ms. Sheila Johnson, no update is available on-line through the enforcement deposition authorized by 2 later than September 5. FSIS Web page located at http:// U.S.C. 437d(a)(4), only the deponent SUPPLEMENTARY INFORMATION: On June 6, www.fsis.usda.gov. The update is used and his or her counsel may attend. 2003, FSIS published an interim final to provide information regarding FSIS Under historic practice, the deponent rule, ‘‘Control of Listeria monocytogenes policies, procedures, regulations, has the right to review and sign the in Ready-to-Eat Meat and Poultry Federal Register notices, FSIS public transcript. 11 CFR 111.12(c) (applying Products,’’ (68 FR 34208), which will meetings, recalls, and any other types of Fed. R. Civ. P. 30(e) to Commission become effective October 6, 2003. The information that could affect or would enforcement depositions). However, a rule establishes regulations that require be of interest to our constituents/ deponent who is also a respondent is official establishments that produce RTE stakeholders. The constituent Listserv not currently allowed to obtain a copy meat and poultry products to prevent consists of industry, trade, and farm of, or take notes when reviewing, his or product adulteration by the pathogenic groups, consumer interest groups, allied her own transcript unless and until the environmental contaminant L. health professionals, scientific General Counsel has transmitted, monocytogenes. Under the new professionals, and other individuals that pursuant to 2 U.S.C. 437g(a)(3), a brief

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recommending that the Commission falling within the APA’s good-cause access to transcripts may still be denied find probable cause to believe that the exception based on the potential for upon determination that good cause respondent has violated or is about to deponents to share their testimony with exists for doing so, and so long as third- violate the Federal Election Campaign third parties. The Commission and its party witnesses (or deponents who are Act of 1971, as amended (‘‘the Act’’), or Office of General Counsel have also also respondents in matters with Chapters 95 or 96 of Title 26, U.S. Code. been mindful of the Federal Election multiple respondents) are granted The Office of General Counsel does not Campaign Act’s requirement that access to their transcripts subject to the currently offer other deponents an ongoing investigations be kept confidentiality requirements of the Act. opportunity to obtain their transcripts; confidential.1 Accordingly, in all matters open and once the entire matter has been closed, Other federal agencies that conduct pending before the Commission on or other deponents can copy the transcript nonpublic investigations have adopted after the date of publication of this at their own expense if the transcript is policies that interpret the APA’s good- notice, a deponent may, in writing, made part of the public record. cause exception more narrowly. For request a copy of his or her own The Commission recently invited the example, in 1964 the Federal deposition transcript. The request may public to comment on various aspects of Communications Commission adopted a be made at any time after the deposition the agency’s enforcement practices, policy whereby: ‘‘In any matter pending concludes. The Office of General including whether and when transcripts before the Commission, any person Counsel will review the request and, of depositions should be released and to submitting data or evidence, whether absent good cause to the contrary, it will whom. See ‘‘Enforcement Procedures,’’ acting under compulsion or voluntarily, notify the deponent and the court Notice 2003–9, 68 FR 23311 (May 1, shall have the right to retain a copy reporter in writing that the deponent 2003). One possible change in practice thereof, or to procure a copy * * * of may obtain a copy of the transcript, at included in the notice was for the Office any transcript made of his testimony, his or her own cost, from the court of General Counsel to routinely allow upon payment of the charges therefor to reporter. If the Associate General deponents who are also respondents to the person furnishing the same, which Counsel or her deputy determined that procure immediately a copy of their person may be designated by the there was reason to invoke the good- own transcripts unless, on a case-by- Commission. The Commission itself cause exception, this Office would case basis, the General Counsel shall not be responsible for furnishing notify the deponent and the concluded (or the Commission the copies.’’ 47 CFR 1.10. In 1972, the Commission. This change would not in concluded, on the recommendation of Securities and Exchange Commission any way affect 11 CFR 111.12(c). the General Counsel) that it was adopted its current rule on this subject, necessary to the successful completion which is similar to the FCC’s. See 17 Dated: August 18, 2003. of the investigation to withhold the CFR 203.6. Likewise, the practice of the Michael E. Toner, transcript until completion of the Commodity Futures Trading Commissioner, Federal Election Commission. investigation. Commission is governed by 17 CFR [FR Doc. 03–21543 Filed 8–21–03; 8:45 am] On June 11, 2003, the Commission 11.7(b), which states: ‘‘A person BILLING CODE 6715–01–P held a public hearing on its enforcement compelled to submit data or evidence in practices. At the hearing, counsel for the the course of an investigatory regulated community suggested changes proceeding shall be entitled to retain or, DEPARTMENT OF TRANSPORTATION to the agency’s enforcement procedures, upon payment of appropriate fees * * * including its deposition policy. Some of procure a copy or transcript thereof, Federal Aviation Administration those testifying suggested that except that the witness may for good deponents be allowed to obtain copies cause be limited to inspection of the 14 CFR Part 39 of their own depositions immediately official transcript of his testimony.’’ [Docket No. 2000–CE–17–AD; Amendment after the deposition, contrary to the After carefully reviewing the 39–13279; AD 2003–17–05] historic practice. Several of these comments submitted to it on this matter commenters also noted that the and considering the experience of other RIN 2120–AA64 Commission’s practice regarding federal agencies regarding deposition Airworthiness Directives; Short depositions contrasts with that of some transcripts in nonpublic investigations, Brothers and Harland Ltd. Models other civil law enforcement agencies the Commission hereby announces that, SC–7 Series 2 and SC–7 Series 3 during the investigative stage of their from the date of publication of this Airplanes proceedings. notice, it will permit deponents in The Commission is governed, in part, enforcement matters to obtain, upon AGENCY: Federal Aviation by the Administrative Procedure Act request to the Office of General Counsel, Administration, DOT. (APA). Under the APA, ‘‘[a] person a copy of the transcript of their own ACTION: Final rule. compelled to submit data or evidence is deposition. The Commission has entitled to retain or, on payment of determined that it can maintain the SUMMARY: This amendment adopts a lawfully proscribed costs, procure a integrity of its investigations even if new airworthiness directive (AD) that copy or transcript thereof, except that in current practice is altered, so long as applies to all Short Brothers and a nonpublic investigatory proceeding Harland Ltd. (Shorts) Models SC–7 the witness may for good cause be 1 Under 2 U.S.C. 437g(a)(12): ‘‘Any notification or Series 2 and SC–7 Series 3 airplanes. limited to inspection of the official investigation made under this section shall not be This AD establishes a technical service transcript of his testimony.’’ 5 U.S.C. made public by the Commission or by any person life for these airplanes and allows you without the written consent of the person receiving 555(c). One example of ‘‘good cause’’ such notification or the person with respect to to incorporate modifications, recognized by courts is a concern that whom such investigation is made. Any member or inspections, and replacements of certain witnesses still to be examined might be employee of the Commission, or any other person, life limited items to extend the life coached. See Commercial Capital Corp. who violates the provisions * * * shall be fined not limits of these airplanes. This AD is the more than $2,000. Any such member, employee, or v. SEC, 360 F.2d 856, 858 (7th Cir. other person who knowingly and willfully violates result of mandatory continuing 1966). In the past, all open the provisions * * * shall be fined not more than airworthiness information (MCAI) investigations have been considered as $5,000.’’ issued by the airworthiness authority for

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the United Kingdom. The actions modifications, inspections, and develop a life extension program for specified by this AD are intended to replacements of certain life limited the affected airplanes. prevent failure of critical structure of items to extend the life limits of these We infer that the 10 commenters want the aircraft caused by fatigue. airplanes. FAA to withdraw the NPRM. DATES: This AD becomes effective on Was the public invited to comment? What is FAA’s response to the September 29, 2003. The FAA encouraged interested persons concern? The FAA does not concur that The Director of the Federal Register to participate in the making of this the NPRM should be withdrawn approved the incorporation by reference amendment. The following presents the because of economic impact. We have of certain publications listed in the comments received on the proposal and no way of determining the number or regulations as of September 29, 2003. FAA’s response to each comment: extent of inspections, repairs, and ADDRESSES: You may get the service replacements that would be necessary Comment Issue No. 1: AD Is Not based on the owner/operator and information referenced in this AD from Needed Short Brothers PLC, PO Box 241, manufacturer developed life extension Airport Road, Belfast BT3 9DZ Northern What is the commenter’s concern? program for the affected airplanes noted Ireland; telephone: +44 (0) 28 9045 One commenter states that the proposed in the NPRM. Further, it is the owners’/ 8444; facsimile: +44 (0) 28 9073 3396. issuance of this AD serves no safety operators’ responsibility to propose an You may view this information at the benefit since all of the U.S. registered alternative method of compliance that Federal Aviation Administration (FAA), airplanes affected are already in provides an acceptable level of safety. Central Region, Office of the Regional compliance with the referenced service We are not changing the final rule AD Counsel, Attention: Rules Docket No. information, and no accidents have been action as a result of theses comments. 2000–CE–17–AD, 901 Locust, Room reported as a result of any structural Comment Issue No. 3: Insufficient 506, Kansas City, Missouri 64106; or at failures. The commenter recommends Comment Time the Office of the Federal Register, 800 that FAA not issue this AD. We infer that the commenter recommends that What is the commenter’s concern? North Capitol Street, NW., suite 700, Five commenters state that the comment Washington, DC. FAA withdraw the NPRM. What is FAA’s response to the period length was insufficient, that FOR FURTHER INFORMATION CONTACT: additional time is necessary to obtain Doug Rudolph, Aerospace Engineer, concern? We do not concur that the AD serves no safety benefit and that we technical information from the FAA, Small Airplane Directorate, 901 manufacturer, that there is no urgent Locust, Room 301, Kansas City, should withdraw the NPRM. The FAA does not have confirmation that all of safety condition indicating the need for Missouri 64106; telephone: (816) 329– this AD, and that more time is needed 4059; facsimile: (816) 329–4090. the U.S. registered airplanes are in compliance with the referenced service to propose a more comprehensive SUPPLEMENTARY INFORMATION: information. In addition, imported inspection program. Discussion aircraft need to have the AD stated for We infer that the five commenters a records checks during issuance of an want FAA to extend the comment What events have caused this AD? period of the NPRM and delay issuance The Civil Aviation Authority (CAA), airworthiness certificate. The actions referenced in the service information are of the AD. which is the airworthiness authority for What is FAA’s response to the not required when the service life limits the United Kingdom, recently notified concern? We disagree that the comment are reached, unless required by AD. FAA that an unsafe condition may exist period for the NPRM should be Therefore, the AD is necessary to on all Shorts Models SC–7 Series 2 and extended. The comment period ended ensure the life limits are required. We SC–7 Series 3 airplanes. The CAA on December 23, 2002. However, FAA are not changing the final rule AD reports that the Model SC–7 airframe has always accepted late comments. action as a result of this comment. has undergone structural evaluations Based on the timing of the final rule, the that have resulted in the establishment Comment Issue No. 2: Economic public had more than six extra months of an airplane service life limit. Hardship to comment on the NPRM. The FAA Modifications, inspections, and agrees that no urgent safety of flight What is the commenter’s concern? replacements of certain life limited condition existed; if an urgent safety of Ten commenters state that issuing the items have been identified to further flight condition exists for this type AD would result in economic hardship extend the life of the aircraft. design, we would have determined that to them. Specifically, these commenters What is the potential impact if FAA this regulation is an emergency communicated the following: took no action? The life limits, if not regulation that must be issued complied with, could result in failure of —Seven commenters state that issuing immediately and that must become the primary structural components and the AD would result in a prohibitive effective prior to public comment. possibly result in structural failure cost increase for their use of the Owners/operators who want to propose during flight. aircraft or result in the loss of the a more comprehensive inspection Has FAA taken any action to this aircraft. We infer that ‘‘by loss of the program are free to work with the point? We issued a proposal to amend use of the aircraft’’ that the owner/ manufacturer to develop a life extension part 39 of the Federal Aviation operator of the affected airplane program for the affected airplane(s) and Regulations (14 CFR part 39) to include would choose to retire the airplane submit a plan to the FAA as an an AD that would apply to all Shorts from service. alternative method of compliance. Models SC–7 Series 2 and SC–7 Series —Three commenters state that issuing We are not changing the final rule AD 3 airplanes. This proposal was the AD would reduce the remaining action as a result of these comments. published in the Federal Register as a time-in-service of the affected notice of proposed rulemaking (NPRM) airplanes and result in airplanes with Comment Issue No. 4: Inadequate/ on November 13, 2002 (67 FR 68779). no resale value. We infer that owners/ Incorrect Supporting Data The NPRM proposed to establish a operators would choose to withdraw What is the commenter’s concern? Six technical service life for these airplanes airplanes from service rather than commenters state that inadequate/ and allow you to incorporate work with the manufacturer to incorrect supporting data had been cited

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or used in the development of the Comment Issue No. 6: Operational NPRM issued with the public allowed to NPRM, as follows: Profile (Gross Weight Penalty) review the requested information and to —Several commenters state that FAA What is the commenter’s concern? provide public comments with a new should require the manufacturer or Two commenters state that certain comment period. What is FAA’s response to the others to submit data for review. airplanes have an operational history concern? The FAA disagrees that the —Two commenters state that the profile (operating at lesser gross weight NPRM should be withdrawn or a aircraft’s characteristics make it the than considered by the manufacturer supplemental NPRM issued. The FAA most safe for their use. The FAA and foreign airworthiness authority) that handles FOIA requests independently of infers that the commenters prefer this does not warrant reduction in life limits ADs. We have determined that an type design to other type designs. as would be required in the AD. The unsafe condition exists and that AD —Three commenters state that several FAA infers that commenters want the airplanes have not been subject to action is necessary to correct it. withdrawal of the proposed NPRM or Therefore, we are not changing the operations that would reduce life adjustment of the life limits for certain limits. We infer that the commenters final rule AD action as a result of this aircraft of the affected type design. comment. believe these airplanes are eligible for What is FAA’s response to the life extension programs. concern? The FAA disagrees that certain Comment Issue No. 9: Service Bulletins What is FAA’s response to the airplanes’ operational history profiles Already Incorporated concern? The FAA disagrees that warrant withdrawal of the NPRM or What is the commenter’s concern? inadequate or incorrect supporting data changes in the life limits. The Commenters state that all affected has been considered in the development manufacturer and the foreign airplanes have incorporated the of the NPRM. Under the bilateral airworthiness authority have requirements of the referenced service airworthiness agreement between the determined that AD action is needed, information. Also, one service bulletin United Kingdom and the United States, and FAA confirms this need for AD was issued in 1978. FAA infers that the the airworthiness authority (after action. commenters believe the NPRM should coordination with the manufacturer), The owners/operators of affected be withdrawn because they believe all notified FAA that an unsafe condition airplanes are free to work with the airplanes in the United States have exists or could develop on all Shorts manufacturer to develop a life extension complied with the service information Models SC–7 Series 2 and SC–7 Series program for the affected airplanes and and the service bulletin issued in 1978 3 airplanes. The airworthiness authority submit a plan to the FAA. without a related AD action until now. reported that the Model SC–7 airframe We are not changing the final rule AD What is FAA’s response to the has undergone structural evaluations action as a result of these comments. concern? The FAA disagrees that the that have resulted in the establishment NPRM should be withdrawn. Assurance of an airplane service life limit. Comment Issue No. 7: Safe Life Principle that all airplanes are in compliance with Modifications, inspections, and service information is not justification replacements of certain life limited What is the commenter’s concern? to not issue an AD. The original type items were identified to further extend The commenter states the argument that certificate did not include service life the life of the aircraft. the manufacturer should not be using a limits. The only way to mandate these We have reviewed the available data 35-year old safe life process to limits on all airplanes, including those and found the data adequate and determine life limits for aircraft of this getting future airworthiness certificates, correct. Therefore, we are not changing type design. Further, newer non- is through AD action. the final rule AD action as a result of destructive inspection (NDI) techniques We are not changing the final rule AD these comments. are available. The FAA infers that the action as a result of these comments. commenter wants the NPRM withdrawn Comment Issue No. 5: Service Difficulty or increased life limits for certain Comment Issue No. 10: AD Action History Does Not Justify AD Action aircraft. Should Not Apply to Aircraft Used in What is the commenter’s concern? What is FAA’s response to the Part 91 Operations Several commenters state that the concern? We disagree that the NPRM What is the commenter’s concern? service difficulty history shows no should be withdrawn or that there The commenter states that, because the structural problems of the type stated in should be increased life limits for aircraft looks good and has been the NPRM. We infer that the certain aircraft. Although newer NDI operated under favorable conditions, (1) commenters feel the lack of a service techniques do exist, no NDI procedures there should be an in-depth study of the difficulty history for the type design have been proposed for this issue that AD; (2) initial life limits for the aircraft warrants the withdrawal of the NPRM. we have determined will detect the should be 30,000 cycles; and (3) a What is FAA’s response to the fatigue before it occurs. We will recommended plan of inspection should concern? The FAA disagrees that the consider NDI procedures proposed as be implemented. The FAA infers that lack of a service difficulty history is part of an alternative method of the commenter wants the NPRM sufficient to justify the withdrawal of compliance. withdrawn or a supplemental NPRM the NPRM. The manufacturer and the We are not changing the final rule AD issued with a life limit of 30,000 cycles airworthiness authority have stated that action as a result of this comment. and a recommended plan of inspection the life limit should be reduced based proposed. on their analyses and technical Comment Issue No. 8: Freedom of What is FAA’s response to the expertise. Information Act (FOIA) Request Not concern? We disagree that the NPRM The FAA has examined these Fulfilled should be withdrawn or a supplemental findings, reviewed all available What is the commenter’s concern? NPRM issued. We have determined that information, and determined that AD One commenter states that FAA has not the AD as proposed addresses the action should be taken. Therefore, we provided FOIA requested information. unsafe condition. The referenced life are not changing the final rule AD We infer that the commenter wants the extension program could be proposed as action as a result of these comments. NPRM withdrawn or a supplemental an alternative method of compliance

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provided details are included that show the rule as proposed except for minor What is the cost impact of this AD on an acceptable level of safety. A detailed editorial corrections. We have owners/operators of the affected method and thresholds for cracks and determined that these minor airplanes? The impact of this AD will be inspection intervals would have to be corrections: not being able to operate the airplane proposed. —Provide the intent that was proposed past the established service life limit. We are not changing the final rule AD in the NPRM for correcting the unsafe The following paragraphs present cost if action as a result of these comments. condition; and you choose to extend the life limit. —Do not add any additional burden FAA’s Determination We estimate the following costs to upon the public than was already What is FAA’s final determination on proposed in the NPRM. accomplish the aircraft life extension this issue? After careful review of all prescribed in Shorts Service Bulletin available information related to the Cost Impact No. 51–51 on 19 aircraft: subject presented above, we have How many airplanes does this AD determined that air safety and the impact? We estimate that this AD affects public interest require the adoption of 22 airplanes in the U.S. registry.

Total cost per Total cost on U.S. Labor cost Parts cost airplane operators

350 workhours × $60 per hour = $21,000 ...... $90,000 $111,000 $2,109,000

We estimate the following to prescribed in Shorts Service Bulletin numbers 1845, 1847, 1883, 1889, 1943, accomplish the aircraft life extension No. 51–52 for the 6 aircraft serial and 1960:

Total cost per Total cost on U.S. Labor cost Parts cost airplane operators

120 workhours × $60 per hour = $7,200 ...... $22,000 $29,200 $175,200

Three of these 6 airplanes will also have a substantial direct effect on the amends part 39 of the Federal Aviation incorporate Shorts Service Bulletin No. States, on the relationship between the Regulations (14 CFR part 39) as follows: 51–51 and are part of the 19 airplanes national government and the States, or subset of the total set of 22 airplanes in on the distribution of power and PART 39—AIRWORTHINESS the U.S. registry. responsibilities among the various DIRECTIVES levels of government. Therefore, it is Compliance Time of This AD ■ 1. The authority citation for part 39 determined that this final rule does not continues to read as follows: What would be the compliance time have federalism implications under of this AD? The compliance time of this Executive Order 13132. Authority: 49 U.S.C. 106(g), 40113, 44701. AD is upon accumulating the applicable Does this AD involve a significant rule § 39.13 [Amended] life limit or within the next 90 days after or regulatory action? For the reasons ■ 2. FAA amends § 39.13 by adding a the effective date of this AD, whichever discussed above, I certify that this new AD to read as follows: occurs later. action (1) is not a ‘‘significant regulatory 2003–17–05 Short Brothers and Harland Why is the compliance time of this AD action’’ under Executive Order 12866; presented in flights, hours TIS and Ltd.: Amendment 39–13279; Docket No. (2) is not a ‘‘significant rule’’ under DOT 2000–CE–17–AD. calendar time? The unsafe condition on Regulatory Policies and Procedures (44 these airplanes is a result of the (a) What airplanes are affected by this AD? FR 11034, February 26, 1979); and (3) This AD affects Models SC–7 Series 2 and combination of the number of times the will not have a significant economic SC–7 Series 3 airplanes, all serial numbers, airplane is operated and how the impact, positive or negative, on a that are certificated in any category. airplane is operated (for example, substantial number of small entities (b) Who must comply with this AD? weight carried). Airplane operation under the criteria of the Regulatory Anyone who wishes to operate any of the varies among operators. For example, Flexibility Act. A copy of the final airplanes identified in paragraph (a) of this AD must comply with this AD. one operator may operate the airplane evaluation prepared for this action is 100 flights or 50 hours TIS in 3 months (c) What problem does this AD address? contained in the Rules Docket. A copy The actions specified by this AD are intended and carrying low weights while it may of it may be obtained by contacting the to prevent failure of critical structure of the take another operator 12 months or Rules Docket at the location provided aircraft caused by fatigue. more to accumulate 100 flights or 50 under the caption ADDRESSES. (d) What must I do to comply with this AD? hours TIS while carrying heavy weights. Do not operate the airplane upon For this reason, we have determined List of Subjects in 14 CFR Part 39 accumulating the applicable life limit or that the compliance time of this AD will within the next 90 days after September 29, Air transportation, Aircraft, Aviation be specified in flights, hours time-in- 2003 (the effective date of this AD), safety, Incorporation by reference, service (TIS), and calendar time in order whichever occurs later. The following table Safety. presents the life limits: to assure this condition is not allowed to go uncorrected over time. Adoption of the Amendment Serial number Life limit Regulatory Impact ■ Accordingly, under the authority (1) SH1845 and 10,000 hours time-in- Does this AD impact various entities? delegated to me by the Administrator, SH1883. service (TIS). The regulations adopted herein will not the Federal Aviation Administration (2) SH1847 ...... 15,200 hours TIS.

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Serial number Life limit your alternative. Submit your request Issued in Kansas City, Missouri, on August through an FAA Principal Maintenance 12, 2003. (3) SH1889 ...... 13,805 flights. Inspector, who may add comments and Diane K. Malone, (4) SH1943 ...... 11,306 flights. then send it to the Standards Office Acting Manager, Small Airplane Directorate, (5) SH1960 ...... 4,142 flights. Manager. Aircraft Certification Service. (6) All airplanes that 20,000 flights. [FR Doc. 03–20983 Filed 8–21–03; 8:45 am] do not have serial Note 3: This AD applies to each airplane number SH1845, identified in paragraph (a) of this AD, BILLING CODE 4910–13–P SH1883, SH1847, regardless of whether it has been modified, SH1889, SH1943, altered, or repaired in the area subject to the DEPARTMENT OF TRANSPORTATION or SH1960. requirements of this AD. For airplanes that have been modified, altered, or repaired so Federal Aviation Administration Note 1: For owners/operators that do not that the performance of the requirements of have a record of the number of flights on the this AD is affected, the owner/operator must 14 CFR Part 39 aircraft, assume the number of flights on the request approval for an alternative method of basis of two per operating hour. compliance in accordance with paragraph (g) [Docket No. 2003–CE–30–AD; Amendment (e) What must I do to extend the life of this AD. The request should include an 39–13277; AD 2003–17–03] limits for airplanes with serial number assessment of the effect of the modification, RIN 2120–AA64 SH1845, SH1847, SH1883, SH1889, alteration, or repair on the unsafe condition SH1943, or SH1960? To extend the life addressed by this AD; and, if you have not Airworthiness Directives; Piaggio Aero limit on one of these airplanes, you eliminated the unsafe condition, specific Industries S.p.A. Model P–180 must accomplish the actions of Shorts actions you propose to address it. Airplanes Service Bulletin No. 51–52, Original (h) Where can I get information about AGENCY: Federal Aviation Issue: September 1, 1981 (latest version any already-approved alternative Administration, DOT. at Revision No.: 4, dated: July 16, 2002), methods of compliance? Contact Doug ACTION: Final rule; request for and Shorts Skyvan Maintenance Rudolph, Aerospace Engineer, FAA, comments. Program 1, not dated. The following Small Airplane Directorate, 901 Locust, table presents the extended life limit: Room 301, Kansas City, Missouri 64106; SUMMARY: This document supersedes telephone: (816) 329–4059; facsimile: Airworthiness Directive (AD) 2003–03– Serial number Extended life limit (816) 329–4090. 14, which applies to all PIAGGIO AERO INDUSTRIES S.p.A. (PIAGGIO) Model (1) SH1845: 13,456 hours TIS. (i) What if I need to fly the airplane P–180 airplanes. AD 2003–03–14 (2) SH1847: 20,200 hours TIS. to another location to comply with this currently requires you to inspect and (3) SH1883: 15,000 hours TIS. AD? The FAA can issue a special flight determine whether any firewall shutoff (4) SH1889: 20,094 flights. permit under sections 21.197 and (5) SH1943: 17,325 flights. or crossfeed valve with a serial number (6) SH1960: 8,449 flights. 21.199 of the Federal Aviation in a certain range is installed and Regulations (14 CFR 21.197 and 21.199) requires you to replace or modify any (f) What must I do to extend the life to operate your airplane to a location valve that has a serial number within limit for my airplanes that do not have where you can accomplish the this range. The modification consisted serial number SH1845, SH1883, requirements of this AD. of reworked valves that were re- SH1847, SH1889, SH1943, or SH1960? (j) Are any service bulletins identified with an ‘‘A’’ at the end of the You can extend the life limit to 27,000 incorporated into this AD by reference? serial number. AD 2003–03–14 allows flights by accomplishing the actions of Actions required by this AD must be the pilot to check the logbook and does Shorts Service Bulletin No. 51–51, done in accordance with Shorts Service not require the inspection and Original Issue: June 6, 1978 (latest Bulletin No. 51–51, Revision No.: 6, replacement requirement if the check version at Revision No.: 6, dated: March dated: March 14, 1983; and Shorts shows that one of these valves is 14, 1983), and Shorts Skyvan Service Bulletin No. 51–52, Revision definitely not installed. Since AD 2003– Maintenance Program 1, not dated. No.: 4, dated: July 16, 2002). The 03–14 became effective, the Federal Note 2: These life limits described in Director of the Federal Register Aviation Administration (FAA) has paragraph (e) are the final life limits of each approved this incorporation by found that the valve manufacturer was aircraft unless the owner/operator works reference under 5 U.S.C. 552(a) and 1 not correctly incorporating the with Shorts Brothers PLC to develop a life CFR part 51. You may get copies from modification on reworked valves. extension program. Submit a plan to the FAA Short Brothers PLC, P.O. Box 241, Consequently, the installation of (address specified in paragraph (g) of this Airport Road, Belfast BT3 9DZ Northern modified fuel valves installed per AD AD) for the proposed life extension program. Accomplishment of Shorts Service Bulletin Ireland; telephone: +44 (0) 28 9045 2003–03–14 could allow the unsafe No. 51–51, Original Issue: June 6, 1978 (latest 8444; facsimile: +44 (0) 28 9073 3396. condition to remain on the affected version at Revision No.: 6, dated: March 14, You may view copies at the FAA, airplanes. This AD would require you to 1983), does not extend the service life Central Region, Office of the Regional replace any firewall shutoff or crossfeed beyond the life limits described in paragraph Counsel, 901 Locust, Room 506, Kansas valve with a serial number in a certain (e). City, Missouri, or at the Office of the range even if it has been modified per (g) Can I comply with this AD in any Federal Register, 800 North Capitol AD 2003–03–14. The actions specified other way? You may use an alternative Street, NW., suite 700, Washington, DC. by this AD are intended to prevent a method of compliance or adjust the Note 4: The subject of this AD is addressed faulty firewall shutoff or crossfeed valve compliance time if: in British AD Number 019–09–81, not dated. from developing cracks and leaking fuel. (1) Your alternative method of This could result in an engine fire. compliance provides an equivalent level (i) When does this amendment DATES: This AD becomes effective on of safety; and become effective? This amendment September 3, 2003. (2) The Standards Office Manager, becomes effective on September 29, The Director of the Federal Register Small Airplane Directorate, approves 2003. approved the incorporation by reference

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of certain publications listed in the if the check shows that one of these information should be accomplished on regulation as of September 3, 2003. valves is definitely not installed. the affected airplanes; and The Federal Aviation Administration What has happened since AD 2003– —AD action should be taken in order (FAA) must receive any comments on 03–14 to initiate this proposed action? to correct this unsafe condition. this rule on or before September 17, The Ente Nazionale per l’ Aviazione What does this AD require? This AD 2003. Civile (ENAC), which is the supersedes AD 2003–03–14 with a new airworthiness authority for Italy, AD that requires you to replace any ADDRESSES: Submit comments to FAA, recently notified FAA of the need to firewall shutoff or crossfeed valve with Central Region, Office of the Regional change AD 2003–03–14. The ENAC a serial number in a certain range even Counsel, Attention: Rules Docket No. reports that the valve manufacturer was if it has been modified per AD 2003–03– 2003–CE–30–AD, 901 Locust, Room not correctly incorporating the 14. 506, Kansas City, Missouri 64106. You modification on reworked valves and may view any comments at this location How does the revision to 14 CFR part that these modified valves need to be 39 affect this AD? On July 10, 2002, between 8 a.m. and 4 p.m., Monday replaced. through Friday, except Federal holidays. FAA published a new version of 14 CFR Is there service information that part 39 (67 FR 47997, July 22, 2002), You may also send comments applies to this subject? PIAGGIO has electronically to the following address: which governs FAA’s AD system. This issued Service Bulletin No. ASB80– regulation now includes material that 9–ACE–7–[email protected]. Comments 0191, dated February 27, 2003. Included sent electronically must contain relates to special flight permits, as part of this service bulletin is alternative methods of compliance, and ‘‘Docket No. 2003–CE–30–AD’’ in the Electromech Technologies SB 484–3 subject line. If you send comments altered products. This material AB, dated February 18, 2003. previously was included in each electronically as attached electronic What are the provisions of this service files, the files must be formatted in individual AD. Since this material is information? The service information included in 14 CFR part 39, we will not Microsoft Word 97 for Windows or includes: ASCII text. include it in future AD actions. —A list of those Electromech part Will I have the opportunity to You may get the service information number (P/N) fuel valves that are referenced in this AD from PIAGGIO comment prior to the issuance of the affected by the unsafe condition; rule? Because the unsafe condition AERO INDUSTRIES S.p.A, Via Cibrario —Procedures for determining whether described in this document could result 4, 16154 Genoa, Italy; telephone: +39 one of the affected fuel valves is in an engine fire, we find that notice and 010 6481 856; facsimile: +39 010 6481 installed; and opportunity for public prior comment 374. You may view this information at —Instructions for replacing or are impracticable. Therefore, good cause FAA, Central Region, Office of the modifying any affected fuel valve. Regional Counsel, Attention: Rules What action did the ENAC take? The exists for making this amendment Docket No. 2003–CE–30–AD, 901 ENAC classified this service bulletin as effective in less than 30 days. Locust, Room 506, Kansas City, mandatory and issued Italian RAI–AD Comments Invited Missouri 64106; or at the Office of the 2003–119, dated April 3, 2003, in order How do I comment on this AD? Federal Register, 800 North Capitol to ensure the continued airworthiness of Although this action is in the form of a Street, NW., suite 700, Washington, DC. these airplanes in Italy. Was this in accordance with the final rule and was not preceded by FOR FURTHER INFORMATION CONTACT: S.M. notice and opportunity for public Nagarajan, Aerospace Engineer, FAA, bilateral airworthiness agreement? This airplane model is manufactured in Italy comment, FAA invites your comments Small Airplane Directorate, 901 Locust, on the rule. You may submit whatever Room 301, Kansas City, Missouri 64106; and is type certificated for operation in the United States under the provisions written data, views, or arguments you telephone: (816) 329–4145; facsimile: choose. You need to include the rule’s (816) 329–4090. of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the docket number and submit your SUPPLEMENTARY INFORMATION: applicable bilateral airworthiness comments to the address specified under the caption ADDRESSES. We will Discussion agreement. Pursuant to this bilateral consider all comments received on or Has FAA taken any action to this airworthiness agreement, the ENAC has before the closing date specified above. point? A ground fire on the left-hand kept FAA informed of the situation We may amend this rule in light of engine nacelle caused by a cracked described above. comments received. Factual information crossfeed valve that had leaked fuel on that supports your ideas and suggestions a PIAGGIO Model P–180 airplane The FAA’s Determination and an is extremely helpful in evaluating the caused FAA to issue AD 2003–03–14, Explanation of the Provisions of This effectiveness of this AD action and Amendment 39–13038 (68 FR 5815, AD determining whether we need to take February 5, 2003). What has FAA decided? The FAA has additional rulemaking action. AD 2003–03–14 currently requires examined the findings of the ENAC; Are there any specific portions of this you to inspect and determine whether reviewed all available information, AD I should pay attention to? We any firewall shutoff or crossfeed valve including the service information specifically invite comments on the with a serial number in a certain range referenced above; and determined that: overall regulatory, economic, is installed and requires you to replace —The unsafe condition referenced in environmental, and energy aspects of or modify any valve that has a serial this document exists or could develop the rule that might suggest a need to number within this range. The on other PIAGGIO Model P–180 modify the rule. You may view all modification consisted of reworked airplanes of the same type design that comments we receive before and after valves that were re-identified with an are on the U.S. registry; the closing date of the rule in the Rules ‘‘A’’ at the end of the serial number. —The fuel valves modified per AD Docket. We will file a report in the This AD allows the pilot to check the 2003–03–14 should also be replaced; Rules Docket that summarizes each FAA logbook and does not require the —The actions specified in the contact with the public that concerns inspection and replacement requirement previously-referenced service the substantive parts of this AD.

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How can I be sure FAA receives my has determined that this final rule does PART 39—AIRWORTHINESS comment? If you want us to not have federalism implications under DIRECTIVES acknowledge the receipt of your Executive Order 13132. comments, you must include a self- Does this AD involve a significant rule ■ 1. The authority citation for part 39 addressed, stamped postcard. On the or regulatory action? We have continues to read as follows: postcard, write ‘‘Comments to Docket determined that this regulation is an No. 2003–CE–30–AD.’’ We will date emergency regulation that must be Authority: 49 U.S.C. 106(g), 40113, 44701. stamp and mail the postcard back to issued immediately to correct an unsafe § 39.13 [Amended] you. condition in aircraft, and is not a significant regulatory action under ■ 2. FAA amends § 39.13 by removing Compliance Time of This AD Executive Order 12866. It has been Airworthiness Directive (AD) 2003–03– Why is the compliance time presented determined further that this action 14, Amendment 39–13038 (68 FR 5815, in calendar time instead of hours time- involves an emergency regulation under February 5, 2003), and by adding a new in-service (TIS)? The compliance of this DOT Regulatory Policies and Procedures AD to read as follows: AD is presented in calendar time (44 FR 11034, February 26, 1979). If it is determined that this emergency 2003–17–03 Piaggio Aero Industries S.p.A.: instead of hours TIS because the Amendment 39–13277; Docket No. affected shutoff and crossfeed valves are regulation otherwise would be significant under DOT Regulatory 2003–CE–30–AD; Supersedes AD 2003– unsafe as a result of a quality control 03–14, Amendment 39–13038. problem. The problem has the same Policies and Procedures, a final (a) What airplanes are affected by this AD? chance of existing on an airplane with regulatory evaluation will be prepared This AD affects Model P–180 airplanes, all 50 hours TIS as it would for an airplane and placed in the Rules Docket (otherwise, an evaluation is not serial numbers, that are certificated in any with 1,000 hours TIS. Therefore, FAA category. has determined that the compliance required). A copy of it, if filed, may be obtained from the Rules Docket. (b) Who must comply with this AD? time of this AD should be presented in Anyone who wishes to operate any of the calendar time. List of Subjects in 14 CFR Part 39 airplanes identified in paragraph (a) of this Regulatory Impact Air transportation, Aircraft, Aviation AD must comply with this AD. safety, Incorporation by Reference, (c) What problem does this AD address? Does this AD impact various entities? Safety. The actions specified by this AD are intended These regulations will not have a to prevent a faulty firewall shutoff or substantial direct effect on the States, on Adoption of the Amendment crossfeed valve from developing cracks and the relationship between the national Accordingly, under the authority leaking fuel. This could result in an engine Government and the States, or on the delegated to me by the Administrator, fire. distribution of power and the Federal Aviation Administration (d) What actions must I accomplish to responsibilities among the various amends part 39 of the Federal Aviation address this problem? To address this levels of government. Therefore, FAA Regulations (14 CFR part 39) as follows: problem, you must accomplish the following:

Actions Compliance Procedures

(1) Maintenance Records Check: (i) Check the mainte- Within 5 days after September 3, 2003 No special procedures necessary to nance records to determine whether an Electro Mech (the effective date of this AD), unless check the logbook. part number (P/N) EM484–3 firewall shutoff or already accomplished. crossfeed valve with a serial number in the range of 148 through 302 (with or without an ‘‘A’’ at the end of the serial number) is installed. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may perform this check. (ii) If, by checking the maintenance records, the owner/ ...... operator can definitely show that no Electro Mech P/N EM484–3 firewall shutoff or crossfeed valves with a serial number in the range of 148 through 302 (with or without an ‘‘A’’ at the end of the serial number) are in- stalled, then the inspection requirement of paragraph (d)(2) of this AD and the replacement requirement of paragraph (d)(3) of this AD do not apply. You must make an entry into the aircraft records that shows compliance with these portions of the AD in accord- ance with section 43.9 of the Federal Aviation Regula- tions (14 CFR 43.9).

(2) Inspection: Inspect the three Electro Mech P/N Within 5 days after September 3, 2003 In accordance with PIAGGIO Aero Indus- EM484–3 firewall shutoff and crossfeed valves to de- (the effective date of this AD), unless tries S.p.A. Service Bulletin No. termine whether they incorporate a serial number in already accomplished. ASB80–0191, dated February 27, the range of 148 through 302 (with or without an ‘‘A’’ 2003; and Electromech Technologies at the end of the serial number). SB 484–3 AB, dated February 18, 2003.

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Actions Compliance Procedures

(3) Replacement/Modification: If any Electro Mech P/N Accomplish any necessary replacements Replace in accordance with the applica- EM484–3 firewall shutoff or crossfeed valve is found or modifications prior to further flight ble maintenance manual. Modify in ac- that incorporates a serial number in the range of 148 after the inspection required by para- cordance with PIAGGIO Aero Indus- through 302 (with or without an ‘‘A’’ at the end of the graph (d)(2) of this AD, unless already tries S.p.A. Service Bulletin No. serial number), accomplish one of the following: accomplished. ASB80–0191, dated February 27, 2003; and Electromech Technologies SB 484–3 AB, dated February 18, 2003. (i) Install valve(s) that does not (do not) incorporate a serial number in the range of 148 through 302 (with or without an ‘‘A’’ at the end of the serial number); or (ii) Have any valve(s) modified that incorporates (incor- porate) a serial number in the range of 148 through 302 (with or without an ‘‘A’’ at the end of the serial number). The valve will be re-identified with a ‘‘B’’ at the end of the serial number.

(4) Valves Modified per AD 2003–03–14: Any valve Within 5 days after September 3, 2003 In accordance with PIAGGIO Aero Indus- modified per AD 2003–03–14 and re-identified with an (the effective date of this AD), unless tries S.p.A. Service Bulletin No. ‘‘A’’ at the end of the serial number must be replaced already accomplished. ASB80–0191, dated February 27, or modified per paragraph (d)(3)(i) or (d)(3)(ii) of this 2003; and Electromech Technologies AD, respectively. SB 484–3 AB, dated February 18, 2003.

(5) Spares: Do not install, on any airplane, any Electro As of September 3, 2003 (the effective Not applicable. Mech P/N EM484–3 firewall shutoff or crossfeed valve date of this AD). that incorporates a serial number in the range of 148 through 302 (with or without an ‘‘A’’ at the end of the serial number), unless it has been modified as speci- fied in paragraph (d)(3)(ii) of this AD.

(e) Can I comply with this AD in any other Note: The subject of this AD is addressed updating is to adjust the fees on the way? in Italian RAI–AD 2003–119, dated April 3, basis of the Commission’s costs for (1) To use an alternative method of 2003. Fiscal Year 2002. compliance or adjust the compliance time, (h) This AD becomes effective on EFFECTIVE DATE: September 22, 2003. follow the procedures in 14 CFR 39.13. Send September 3, 2003. these requests to the Manager, Standards FOR FURTHER INFORMATION CONTACT: Troy Office, Small Airplane Directorate. For Issued in Kansas City, Missouri, on August Cole, Office of the Executive Director, information on any already approved 12, 2003. Federal Energy Regulatory Commission, alternative methods of compliance, contact Diane K. Malone, 888 First Street, NE., Room 4R–01, S.M. Nagarajan, Aerospace Engineer, FAA, Acting Manager, Small Airplane Directorate, Washington, DC 20426, (202) 502–6161. Small Airplane Directorate, 901 Locust, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: Document Room 301, Kansas City, Missouri 64106; [FR Doc. 03–20963 Filed 8–21–03; 8:45 am] Availability: In addition to publishing telephone: (816) 329–4145; facsimile: (816) BILLING CODE 4910–13–P 329–4090. the full text of this document in the (2) Alternative methods of compliance Federal Register, the Commission approved in accordance with AD 2003–03– provides all interested persons an 14, which is superseded by this AD, are not DEPARTMENT OF ENERGY opportunity to view and/or print the approved as alternative methods of contents of this document via the compliance with this AD. Federal Energy Regulatory Internet through FERC’s Home Page (f) Are any service bulletins incorporated Commission (http://www.ferc.gov) and in FERC’s into this AD by reference? Actions required Public Reference Room during normal by this AD must be done in accordance with 18 CFR Part 381 business hours (8:30 a.m. to 5 p.m. PIAGGIO Aero Industries S.p.A. Service Eastern time) at 888 First Street, NE., Bulletin No. ASB80–0191, dated February 27, [Docket No. RM03–11–000] 2003; and Electromech Technologies SB 484– Room 2A, Washington, DC 20426. 3 AB, dated February 18, 2003. The Director Annual Update of Filing Fees From FERC’s Home Page on the of the Federal Register approved this Internet, this information is available in incorporation by reference under 5 U.S.C. August 18, 2003. the Federal Energy Regulatory Records 552(a) and 1 CFR part 51. You can get copies AGENCY: Federal Energy Regulatory Information System (FERRIS). The full from PIAGGIO AERO INDUSTRIES S.p.A, Commission. text of this document is available on Via Cibrario 4, 16154 Genoa, Italy; telephone: ACTION: Final rule; annual update of FERRIS in PDF and WordPerfect format +39 010 6481 856; facsimile: +39 010 6481 Commission filing fees. for viewing, printing, and/or 374. You may view this information at FAA, downloading. To access this document Central Region, Office of the Regional SUMMARY: In accordance with 18 CFR in FERRIS, type the docket number Counsel, 901 Locust, Room 506, Kansas City, 381.104, the Commission issues this Missouri, or at the Office of the Federal excluding the last three digits of this Register, 800 North Capitol Street, NW., suite update of its filing fees. This notice document in the docket number field. 700, Washington, DC. provides the yearly update using data in User assistance is available for (g) Does this AD action affect any existing the Commission’s Management, FERRIS and the FERC’s Web site during AD actions? This amendment supersedes AD Administrative, and Payroll System to normal business hours from our Help 2003–03–14, Amendment 39–13038. calculate the new fees. The purpose of line at (202) 502–8222 or the Public

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Reference Room at (202) 502–8371 Press CFR 381.104, the Commission is that this final rule is not a major rule 0, TTY (202) 502–8659. E-Mail the establishing updated fees on the basis of within the meaning of section 251 of Public Reference Room at the Commission’s Fiscal Year 2002 Subtitle E of Small Business Regulatory [email protected]. costs. The adjusted fees announced in Enforcement Fairness Act, 5 U.S.C. The Federal Energy Regulatory this notice are effective September 22, 804(2). The Commission is submitting Commission (Commission) is issuing 2003. The Commission has determined, this final rule to both houses of the this notice to update filing fees that the with the concurrence of the United States Congress and to the Commission assesses for specific Administrator of the Office of Comptroller General of the United services and benefits provided to Information and Regulatory Affairs of States. identifiable beneficiaries. Pursuant to 18 the Office of Management and Budget, The new fee schedule is as follows:

Fees Applicable to the Natural Gas Policy Act 1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ...... $9,480 Fees Applicable to General Activities 1. Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ...... 19,040 2. Review of a Department of Energy remedial order: Amount in controversy $0–9,999. (18 CFR 381.303(b)) ...... $100 $10,000–29,999. (18 CFR 381.303(b)) ...... $600 $30,000 or more. (18 CFR 381.303(a)) ...... 27,800 3. Review of a Department of Energy denial of adjustment: Amount in controversy $0–9,999. (18 CFR 381.304(b)) ...... $100 $10,000–29,999. (18 CFR 381.304(b)) ...... $600 $30,000 or more. (18 CFR 381.304(a)) ...... 14,580 4. Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) ...... $5,460 Fees Applicable to Natural Gas Pipelines 1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) ...... 1,000 * Fees Applicable to Cogenerators and Small Power Producers 1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) ...... 16,370 2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) ...... 18,540 3. Applications for exempt wholesale generator status. (18 CFR 381.801) ...... 870 * This fee has not been changed. List of Subjects in 18 CFR Part 381 § 381.305 [Amended] DEPARTMENT OF HOMELAND SECURITY Electric power plants, Electric ■ 5. In 381.305, paragraph (a) is amended utilities, Natural gas, Reporting and by removing ‘‘$5,240’’ and adding Bureau of Customs and Border recordkeeping requirements. ‘‘$5,460’’ in its place. Protection Thomas R. Herlihy, § 381.403 [Amended] Executive Director. 19 CFR Part 122 ■ ■ In consideration of the foregoing, the 6. Section 381.403 is amended by [CBP Dec. 03–22] Commission amends part 381, chapter I, removing ‘‘$9,090’’ and adding ‘‘$9,480’’ title 18, Code of Federal Regulations, as in its place. User Fee Airports set forth below. § 381.505 [Amended] AGENCY: Customs and Border Protection, Homeland Security. PART 381—FEES ■ 7. In 381.505, paragraph (a) is amended ACTION: Final rule. ■ 1. The authority citation for part 381 by removing ‘‘$15,700’’ and adding continues to read as follows: ‘‘$16,370’’ in its place and by removing SUMMARY: This document amends the ‘‘$17,770’’ and adding ‘‘$18,540’’ in its Authority: 15 U.S.C. 717–717w; 16 U.S.C. Customs Regulations to reflect the 791–828c, 2601–2645; 31 U.S.C. 9701; 42 place. designation of Williams Gateway U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. Airport in Mesa, Arizona and Roswell § 381.801 [Amended] U.S.C. 1–85. Industrial Air Center in Roswell, New ■ Mexico as user fee airports and to § 381.302 [Amended] 8. Section 381.801 is amended by removing ‘‘$990’’ and adding ‘‘$870’’ in correct an error regarding the city in ■ 2. In 381.302, paragraph (a) is amended its place. Texas in which the McKinney Airport by removing ‘‘18,260’’ and adding user fee airport is located. A user fee ‘‘$19,040’’ in its place. [FR Doc. 03–21551 Filed 8–21–03; 8:45 am] airport is one which while not BILLING CODE 6717–01–P qualifying for designation as an § 381.303 [Amended] international or landing rights airport, ■ 3. In 381.303, paragraph (a) is amended has been approved by the Commissioner by removing ‘‘$26,660’’ and adding of the Bureau of Customs and Border ‘‘$27,800’’ in its place. Protection (CBP) to receive, for a fee, the services of a CBP officer for the § 381.304 [Amended] processing of aircraft entering the ■ 4. In 381.304, paragraph (a) is amended United States and their passengers and by removing ‘‘$13,980’’ and adding cargo. ‘‘$14,580’’ in its place. EFFECTIVE DATE: August 22, 2003.

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FOR FURTHER INFORMATION CONTACT: airport authority agrees to set and Amendments to the Regulations Richard Balaban, Office of Field periodically to review the charges to ■ Operations, 202–927–0031. ensure that they are in accord with the Part 122, Customs Regulations (19 CFR Part 122) is amended as set forth below. SUPPLEMENTARY INFORMATION: airport’s expenses. Sections 403(1) and 411 of the Background PART 122—AIR COMMERCE Homeland Security Act of 2002 (‘‘the REGULATIONS Generally, a civil aircraft arriving Act,’’ Pub. L. 107–296) transferred the from a place outside of the United States United States Customs Service and its ■ 1. The authority citation for part 122, is required to land at an airport functions from the Department of the Customs Regulations, continues to read designated as an international airport. Treasury to the Department of as follows: Alternatively, the pilot of a civil aircraft Homeland Security; pursuant to section Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, may request permission to land at a 1502 of the Act, the President renamed 1431, 1433, 1436, 1448, 1459, 1590, 1594, specific airport and if landing rights are the ‘‘Customs Service’’ as the ‘‘Bureau of 1623, 1624, 1644, 1644a. granted, the civil aircraft may land at Customs and Border Protection,’’ also * * * * * that landing rights airport. referred to as the ‘‘CBP.’’ ■ 2. The listing of user fee airports in Section 236 of Pub. L. 94–573 (the The Commissioner of CBP, pursuant section 122.15(b) is amended: Trade and Tariff Act of 1984), codified to § 122.15, Customs Regulations (19 ■ a. By adding, in alphabetical order, in at 19 U.S.C. 58b, created an option for CFR 122.15) designates airports as user the ‘‘Location’’ column, ‘‘Mesa, Arizona’’ civil aircraft desiring to land at an fee airports pursuant to 19 U.S.C. 58b. and by adding on the same line, in the airport other than an international or Section 122.15 sets forth the list of ‘‘Name’’ column, ‘‘Williams Gateway landing rights airport. A civil aircraft designated user fee airports. Airport;’’ arriving from a place outside of the Thirty seven airports are currently ■ b. By adding, in alphabetical order, in United States may ask for permission to listed in § 122.15. This document the ‘‘Location’’ column, ‘‘Roswell, New land at an airport designated by the revises the list of user fee airports. It Mexico’’ and by adding on the same line, Secretary of the Treasury as a user fee adds Williams Gateway Airport in Mesa, in the ‘‘Name’’ column, ‘‘Roswell Air airport. Arizona, and Roswell Industrial Air Industrial Center;’’ and Pursuant to 19 U.S.C. 58b, an airport Center in Roswell, New Mexico, to this ■ c. On the same line as the ‘‘McKinney may be designated as a user fee airport listing of designated user fee airports. It Airport’’ in the ‘‘Name’’ column, by if the Secretary of the Treasury also corrects the location of McKinney removing in the ‘‘Location’’ column determines that the volume of business Municipal Airport from Dallas, Texas, to ‘‘Dallas, Texas’’ and by adding in its at the airport is insufficient to justify the McKinney, Texas. availability of customs services at the place’’ McKinney, Texas.’’ airport and the governor of the state in Regulatory Flexibility Act and Dated: August 19, 2003. which the airport is located approves Executive Order 12866 Robert C. Bonner, the designation. Generally, the type of Because no notice of proposed Commissioner, Bureau of Customs and Border aircraft that would seek designation as rulemaking is required for this final Protection. a user fee airport would be one at which rule, the provisions of the Regulatory [FR Doc. 03–21576 Filed 8–21–03; 8:45 am] a company, such as an air courier Flexibility Act (5 U.S.C. 601 et seq.) do BILLING CODE 4820–02–P service, has a specialized interest in not apply. Agency organization matters regularly landing. such as this amendment are exempt As the volume of business anticipated from consideration under Executive DEPARTMENT OF HOMELAND at this type of airport is insufficient to Order 12866. SECURITY justify its designation as an international or landing rights airport, Inapplicability of Public Notice and Customs and Border Protection the availability of customs services is Delayed Effective Date Requirements not paid for out of appropriations from Because this amendment merely 19 CFR Part 148 the general treasury of the United States. updates and corrects the list of user fee [CBP Dec. 03–21] Instead, the customs services are airports designated by the provided on a fully reimbursable basis Commissioner of CBP in accordance Changes to Customs and Border to be paid for by the user fee airport on with 19 U.S.C. 58b and neither imposes Protection List of Designated Public behalf of the recipients of the services. any additional burdens on, nor takes International Organizations The fees which are to be charged at away any existing rights or privileges user fee airports, according to the from, the public, pursuant to 5 U.S.C. AGENCY: Customs and Border Protection, statute, shall be paid by each person 553(b)(B), notice and public procedure Department of Homeland Security. using the customs services at the airport are unnecessary, and for the same ACTION: Final rule. and shall be in the amount equal to the reasons, pursuant to 5 U.S.C. 553(d)(3) expenses incurred by the Secretary of a delayed effective date is not required. SUMMARY: This document amends the the Treasury in providing customs Customs Regulations by updating the services which are rendered to such Drafting Information list of designated public international person at such airport, including the The principal author of this document organizations entitled to certain free salary and expenses of those employed was Janet L. Johnson, Regulations entry privileges provided for under by the Secretary of the Treasury to Branch, Office of Regulations and provisions of the International provide the customs services. To Rulings, CBP. However, personnel from Organizations Immunities Act. The last implement this provision, generally, the other offices participated in its time the list was updated was in 1996 airport seeking the designation as a user development. and since then the President has issued fee airport or that airport’s authority several Executive Orders, which have agrees to pay a flat fee annually and the List of Subjects in 19 CFR Part 122 designated certain organizations as users of the airport are to reimburse that Air carriers, Aircraft, Airports, entitled to certain free entry privileges. airport/airport authority. The airport/ Customs duties and inspection, Freight. Accordingly, Customs and Border

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Protection deems it appropriate to Binational Industrial Research and organizations entitled by law to free update the list at this time. Development Foundation; entry privileges as public international EFFECTIVE DATE: August 22, 2003. 2. Executive Order 12986 of January organizations, pursuant to 5 U.S.C. FOR FURTHER INFORMATION CONTACT: 18, 1996, 61 FR 1693, 3 CFR 1997 553(b)(B), good cause exists for Dennis Sequeira, Director, International Comp., p. 156, 32 Weekly dispensing with notice and public Organizations & Agreements Division, Comp.Pres.Doc. 77, designated the procedure thereon as unnecessary. For Office of International Affairs, (202) International Union for Conservation of the same reason, good cause exists for 927–1480. Nature and Natural Resources with dispensing with a delayed effective date limited privileges; certain privileges, under 5 U.S.C. 553(d) (1) and (3). Since SUPPLEMENTARY INFORMATION: regarding immunity from suit and this document is not subject to the Background judicial process and search and seizure, notice and public procedure were not extended; The International Organizations requirements of 5 U.S.C. 553, it is not 3. Executive Order 12997 of April 1, Immunities Act (the Act) (22 U.S.C. 288 subject to provisions of the Regulatory 1996, 61 FR 14949, 3 CFR 1997 Comp., et seq.) generally provides that certain Flexibility Act (5 U.S.C. 601 et seq.). p. 179, 32 Weekly Comp.Pres.Doc. 596, international organizations, agencies, This document does not meet the designated the Korean Peninsula Energy and committees, in which the United criteria for a ‘‘’significant regulatory Development Organization; action’’’ as specified in E.O. 12866. States participates or otherwise has an 4. Executive Order 13042 of April 9, interest and which have been 1997, 62 FR 18017, 73 CFR 1998 Comp., Drafting Information designated by the President through p. 194, 33 Weekly Comp.Pres.Doc. 492, appropriate Executive Order as public The principal author of this document designated the World Trade was Gregory R. Vilders, Attorney, international organizations, are entitled Organization; to enjoy certain privileges, exemptions, Regulations Branch, Office of 5. Executive Order 13049 of June 11, Regulations and Rulings. and immunities conferred by the Act. 1997, 62 FR 32472, 3 CFR 1998 Comp., The Department of State lists the public p. 206, 33 Weekly Comp.Pres.Doc. 857, List of Subjects in 19 CFR Part 148 international organizations, designated designated the Organization for the Customs duties and inspection, by the President as entitled to enjoy any Prohibition of Chemical Weapons; measure of the privileges, exemptions, Executive orders, Foreign officials, 6. Executive Order 13052 of June 30, Government employees, International and immunities conferred by the Act, in 1997, 62 FR 35659, 3 CFR 1998 Comp., the notes following the provisions of organizations, Privileges and p. 210, 33 Weekly Comp.Pres.Doc. 998, immunities, Taxes. Section 288. designated the Hong Kong Economic One of the privileges provided for and Trade Offices; Amendment to the Regulations under the Act at 22 U.S.C. 288a is that 7. Executive Order 13097 of August 7, ■ the baggage and effects of alien officers, 1998, 63 FR 43065, 3 CFR 1999 Comp., For the reasons stated above, part 148, employees, and representatives—and p. 205, 34 Weekly Comp.Pres.Doc. 1588, Customs Regulations (19 CFR part 148), their families, and servants—to the designated the Interparliamentary is amended as set forth below: designated organization, are admitted Union; and PART 148—PERSONAL free of duty and without entry. Those 8. Executive Order 13240 of December DECLARATIONS AND EXEMPTIONS designated organizations entitled to this 18, 2001, 66 FR 66257, 3 CFR 2002 duty-free entry privilege are delineated Comp., p. 824, 37 Weekly ■ 1. The general authority citation for at § 148.87(b), Customs Regulations (19 Comp.Pres.Doc. 1813, designated the part 148 and the specific authority CFR 148.87(b)). Thus, the list of public Council of Europe in Respect of the citation for § 148.87 continue to read as international organizations maintained Group of States Against Corruption follows: by Customs and Border Protection (CBP) (GRECO). is for the limited purpose of identifying This brings the total number of Authority: 19 U.S.C. 66, 1496, 1498, 1624. those organizations entitled to the duty- The provisions of this part, except for subpart designated international organizations C, are also issued under 19 U.S.C. 1202 free entry privilege; it does not listed at § 148.87(b) to 77. Accordingly, (General Note 23, Harmonized Tariff necessarily include all of the CBP is amending its list of designated Schedule of the United States); organizations that are on the list public international organizations at * * * * * maintained by the Department of State, § 148.87(b) to account for these eight which delineates all of the international additions. Section 148.87 also issued under 22 U.S.C. organizations designated by the This document also corrects an 288. President regardless of the extent of the editorial error, i.e., an international ■ 2. Section 148.87(b) is amended by privileges conferred. organization designated by T.D. 96–13 is removing in the ‘‘Organization’’ column The last revision of the list of public incorrectly referenced; thus, the the name ‘‘Border Environmental international organizations at reference to the Border Environmental Cooperation Commission’’ and adding in § 148.87(b) was in 1996 (T.D. 96–23), Cooperation Commission should read its place ‘‘Border Environment when the total number of designated the Border Environment Cooperation Cooperation Commission’’ and by international organizations became 69. Commission. adding the following, in appropriate Since 1996, eight Executive Orders have Inapplicability of Public Notice and alphabetical order, to the table, to read as been issued each designating a new follows: public international organization, as Comment Requirements, Delayed follows: Effective Date Requirements, the § 148.87 Officers and employees of, and 1. Executive Order 12956 of March 13, Regulatory Flexibility Act, and representatives to, public international 1995, 60 FR 14199, 3 CFR 1996 Comp., Executive Order 12866 organizations. p. 332, 31 Weekly Comp.Pres.Doc. 408, Because this amendment merely * * * * * designated the Israel-United States corrects the listing of designated (b) * * *

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Executive Organization Order Date

******* Council of Europe in Respect of the Group of States Against Corruption (GRECO) ...... 13240 Dec. 18, 2001.

******* Hong Kong Economic and Trade Offices ...... 13052 June 30, 1997.

******* International Union for Conservation of Nature and Natural Resources—Limited privileges ...... 12986 Jan. 18, 1996.

******* Interparliamentary Union ...... 13097 Aug. 7, 1998. Israel-United States Binational Industrial Research and Development Foundation ...... 12956 Mar. 13, 1995. Korean Peninsula Energy Development Organization ...... 12997 Apr. 1, 1996.

******* Organization for the Prohibition of Chemical Weapons...... 13049 June 11, 1997.

******* World Trade Organization ...... 13042 Apr. 9, 1997.

Dated: August 18, 2003. imported material that is subject to an of the statute. Section 1313(b) reads, in Robert C. Bonner, ad valorem rate of duty may be pertinent part: Commissioner, Customs and Border designated as same kind and quality (b) Substitution for drawback purposes. Protection. merchandise for drawback purposes. If imported duty-paid merchandise and Timothy E. Skud, The amendment provides the method by any other merchandise (whether imported or Deputy Assistant Secretary of the Treasury. which the duty attributable to the domestic) of the same kind and quality are [FR Doc. 03–21577 Filed 8–21–03; 8:45 am] chemical element can be apportioned used in the manufacture or production of articles within a period not to exceed three BILLING CODE 4820–02–P and requires a drawback claimant, where applicable, to make this years from the receipt of such imported apportionment calculation. merchandise by the manufacturer or producer of such articles, there shall be DEPARTMENT OF HOMELAND EFFECTIVE DATE: August 22, 2003. allowed upon the exportation, or destruction SECURITY FOR FURTHER INFORMATION CONTACT: under customs supervision, of any such William G. Rosoff, Chief, Duty and articles, notwithstanding the fact that none of Bureau of Customs and Border Refund Determinations Branch, Office the imported merchandise may actually have Protection been used in the manufacture or production of Regulations and Rulings, Bureau of of the exported or destroyed articles, an Customs and Border Protection, Tel. 19 CFR Part 191 amount of drawback equal to that which (202) 572–8807. would have been allowable had the [CBP Dec. 03–23] SUPPLEMENTARY INFORMATION: merchandise used therein been imported ***. RIN 1515–AD02 Background Manufacturing substitution drawback Manufacturing Substitution Drawback: Drawback—19 U.S.C. 1313 is intended to alleviate some of the Duty Apportionment Section 313 of the Tariff Act of 1930, difficulties in accounting for whether AGENCY: Bureau of Customs and Border as amended, (19 U.S.C. 1313), concerns imported merchandise has, in fact, been Protection, Department of Homeland drawback and refunds. Drawback is a used in a domestic manufacture. Section Security. refund of certain duties, taxes and fees 1313(b) permits domestic or other imported merchandise to be used to ACTION: Final rule. paid by the importer of record and granted to a drawback claimant upon make the export article, instead of the SUMMARY: This document adopts as a the exportation, or destruction under actual imported merchandise, so long as final rule, with changes, the interim rule Customs supervision, of eligible articles. the domestic or other imported amending the Customs Regulations that The purpose of drawback is to place merchandise is of the ‘‘same kind and was published in the Federal Register U.S. exporters on equal footing with quality’’ as the actual imported on July 24, 2002, as T.D. 02–38. The foreign competitors by refunding most merchandise. interim rule amended the regulations to of the duties paid on imports used in Several recent court cases have provide the method for calculating domestic manufactures intended for examined the scope of the term ‘‘same manufacturing substitution drawback export. kind and quality’’ as used in 19 U.S.C. where imported merchandise, which is 1313(b). See E.I. DuPont De Nemours dutiable on its value, contains a Substitution for Drawback Purposes—19 and Co. v. United States, 116 F. Supp. chemical element and amounts of that U.S.C. 1313(b) 2d 1343 (Ct. Int’l Trade 2000). See also chemical element are used in the There are several types of drawback. International Light Metals v. United manufacture or production of articles Under section 1313(b), a manufacturer States, 194 F.3d 1355 (Fed. Cir. 1999). which are either exported or destroyed can recoup duties paid for imported In these cases, the courts held that a under Customs supervision. Recent merchandise if it uses merchandise of chemical element that is contained in an court decisions have held that a the same kind and quality to produce imported material that is dutiable on its chemical element that is contained in an exported articles pursuant to the terms value may be designated as same kind

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and quality merchandise for purposes of imported material that may be claimed and DuPont require apportionment by manufacturing substitution drawback on any other drawback claim. relative weight. Both of these courts pursuant to 19 U.S.C. 1313(b). The held that the quantity, and not the Discussion of Comments holding in DuPont necessitates value, of the sought material (the apportionment as a necessary method of Five commenters responded to the titanium) could be determined and claiming a drawback entitlement under solicitation of public comment consequently the amount of drawback these circumstances. DuPont, 116 F. published in T.D. 02–38. A description could be determined. Moreover, there is Supp. 2d at 1348–49. of the comments received, together with no authority to apportion duty by CBP’s analyses, is set forth below. relative value for a drawback claim per Amendment to § 191.26(b) of the Comment: Several commenters 19 U.S.C. 1313(b) when only one good Customs Regulations disagreed with CBP’s interpretation that results from the processing of the On July 24, 2002, Customs and Border the court decisions in DuPont and ILM imported merchandise. If the sought Protection (CBP), as its predecessor require an apportionment calculation to material, i.e., the titanium, was divided agency, the Customs Service, determine the proper drawback to make two articles, then relative value promulgated interim amendments to the entitlement. apportionment would be required. CBP’s response: CBP maintains its Customs Regulations, published in the view that the holdings in DuPont and Comment: One commenter submitted Federal Register (67 FR 48368) as T.D. ILM necessitate apportionment of the that apportionment by relative weight 02–38, to implement the courts’ duty attributable to a chemical element contradicts the drawback statute (19 holdings in DuPont and ILM. The contained in an ad valorem duty-paid U.S.C. 1313) because this section, at interim amendments to the Customs imported material if this chemical paragraph (a), provides drawback upon Regulations were made to § 191.26 (19 element is the designated good in a the ‘‘exportation or destruction under CFR 191.26), which sets forth the drawback claim under 19 U.S.C. custom supervision of articles recordkeeping requirements for 1313(b). As noted above, the CAFC in manufactured or produced in the United manufacturing drawback. Paragraph (b) ILM and the CIT in DuPont examined States with the use of imported of this section describes the the scope of the term ‘‘same kind and merchandise, * * *.’’ The commenter recordkeeping requirements for quality’’ as used in 19 U.S.C. 1313(b) noted that the sought element in DuPont substitution drawback. and determined that a chemical element (the titanium) is neither ‘‘used’’ nor To implement the courts’ contained in an imported material that ‘‘imported’’ because it is the feedstock interpretation of 19 U.S.C. 1313(b), T.D. is dutiable on its value may be containing the titanium that is 02–38 amended § 191.26(b) by adding designated as same kind and quality ‘‘imported’’ and ‘‘used’’ within the language that explains how to apportion merchandise for purposes of meaning of section 1313(b). Another the duty attributable to same kind and manufacturing substitution drawback. commenter stated that section 1313(b) quality chemical elements contained in In ILM, the CAFC stated that as there provides no legal basis for ad valorem duty-paid imported was ‘‘* * * no dispute as to the amount apportionment under these materials for purposes of manufacturing of titanium that was used in the scrap circumstances. substitution drawback. T.D. 02–38 also * * * the amount of drawback to which CBP’s response: CBP disagrees. The amended § 191.26(b) to provide an ILM would be entitled based upon the plain language of 19 U.S.C. 1313(b) example of apportionment calculations. titanium in that scrap and the titanium permits drawback to be paid only on the sought element, and the sought element Duty Apportionment Calculation in the imported sponge could be precisely determined.’’ Similarly, in in both ILM and DuPont was the In order for a drawback claimant to be DuPont, the CIT noted that because the titanium. Section 1313(b) provides that able to ascertain what portion of the ad amount of titanium in the feedstocks an amount of drawback equal to that valorem duty paid on imported can be accurately determined, which would have been allowable had merchandise is attributable to a substitution of another feedstock for the merchandise used therein been chemical element contained in the synthetic rutile is permitted. If either imported is payable if imported duty- merchandise, an apportionment the CAFC or the CIT intended drawback paid merchandise and any other calculation is necessary. First, if the to be permitted on all the titanium- merchandise (whether imported or imported duty-paid material is a containing raw materials, the courts domestic) of the same kind or quality compound with other constituents, would not have emphasized that are used in the manufacture or including impurities, and the purity of calculation of the amount of titanium production of articles subsequently the compound in the imported material contained in the raw materials entitled exported or destroyed. Clearly, per 19 is shown by satisfactory analysis, that the claimant to a specific amount of U.S.C. 1313(b), the merchandise upon purity, converted to a decimal drawback. The courts clearly recognized which drawback may be paid is the equivalent of the percentage, is that apportionment by relative weight merchandise characterized as ‘‘same multiplied against the entered amount was necessary to prevent the kind and quality.’’ It cannot be said that of the material to establish the amount overpayment of drawback. the various feedstocks used to provide of pure compound. The amount of the Comment: Several commenters noted the sought element in those cases are of element in the pure compound is to be that if apportionment is required, the ‘‘same kind and quality,’’ but only determined by use of the atomic weights apportionment by relative value is a that the titanium, as a discrete element of the constituent elements, converting more appropriate calculation method contained in the feedstocks, was of the to the decimal equivalent of their than apportionment by relative weight. ‘‘same kind and quality’’ as required by respective percentages, and multiplying In a related comment, one commenter section 1313(b). In ILM, the CAFC that decimal equivalent against the suggested that a drawback claimant makes clear that the merchandise of the above-determined amount of pure should have the option to apportion ‘‘same kind and quality’’ required by 19 compound. Second, the amount claimed duty using either relative value or U.S.C. 1313(b) was the sought element, as drawback based on a contained relative weight. titanium, and not the various element must be taken into account and CBP’s response: CBP disagrees. As feedstocks. ILM, 194 F.3d 1355 at 1367. deducted from the duty paid on the discussed above, the courts in both ILM Additionally, in applying the three

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factors promulgated by the CAFC in sought element (the titanium) could be generated, it has been CBP’s position ILM, the CIT in Dupont stated: precisely determined, it was based on long-standing court decisions * * * the [ILM] court reasoned that the unnecessary to require that it be that drawback is not allowable on the phrase ‘‘same kind and quality’’ should be extracted as a discrete element before exportation of waste. In United States v. applied only to the sought element contained drawback was payable. Dean Linseed-Oil Co., 87 Fed. 453, 456 in a source material, and not to the source Comment: One commenter stated that (2nd Cir. 1898), cert. den., 172 U.S. 647 material as a whole or the impurities CBP was incorrectly using the ‘‘same (1898), the court implicitly accepted the contained therein * * *. Thus, although kind and quality’’ test to apportion the government’s position that drawback different ores may be made up of a number duties because this standard is only was unavailable on the exportation of of elements, the ‘‘same kind and quality’’ used for determining whether imported waste. CBP has continuously followed standard applies only to the element used in goods may be substituted for other manufacturing the exported article. this position. See Precision Specialty goods. Metals, Inc. v. United States, 116 Dupont, at 1348. Therefore, the court CBP response: CBP disagrees. As F.Supp. 2d 1350 (Ct. Int’l Trade (2001). held that the titanium is the designated discussed above, the only merchandise Comment: One commenter stated that merchandise. Since titanium is an upon which drawback may be paid as apportioning the duty by weight will be element, and an element is measured by per 19 U.S.C. 1313(b) is the imported administratively difficult and its weight, apportionment by relative duty-paid and designated merchandise burdensome. Another commenter stated weight is required. Consequently, the characterized as ‘‘same kind and that all the information necessary to apportionment of the duty attributable quality.’’ In ILM, the CAFC perform the duty calculation required to a chemical element contained in ad unequivocally stated that the by § 191.26(b), as amended by T.D. 02– valorem duty-paid imported merchandise of the ‘‘same kind and 38, is not on the manufacturing merchandise must be calculated by the quality’’ required by section 1313(b) is certificate. relative weights of the sought element the sought element—not the various CBP response: The court instructed and the feedstock used. feedstocks. ILM at 1367. Therefore, the CBP to make the calculation to properly Comment: One commenter stated that CAFC found that the sought element, administer the statute. Therefore, CBP since T.D. 82–36 (16 Cust. B. & Dec. 97, the titanium, was of the same kind and must follow the court’s decision February 26, 1982) is specific as to quality and thus only the titanium could regardless of whether the requisite ‘‘how to determine the quantity of be the designated merchandise. calculation is burdensome. imported merchandise to be designated, Comment: One commenter stated that and therefore, the basis for the CBP’s example of the apportionment Conclusion allowance of drawback,’’ apportionment calculation set forth in § 191.26(b)(4) is After analysis of the comments and by weight is not mandated by the court incorrect, and noted that CBP applies further review of the matter, CBP has decisions. the $0.011 factor to each pound of determined to adopt as a final rule, with CBP’s response: CBP disagrees. The titanium. The commenter submits that, the changes mentioned in the comment CAFC in ILM stated: in fact, each pound of material in the discussion and with additional non- * * * we find little assistance in the facts imported synthetic rutile, be it titanium, substantive editorial changes, the of T.D. 82–36. That ruling dealt with a oxygen, or impurities, bears the same interim rule published in the Federal substitution of copper ores, in which each $0.02 duty. Register (67 FR 48368) on July 24, 2002, ore contained impurities and a single sought CBP response: CBP agrees. The as T.D. 02–38. element, copper * * * In this case, the scrap example in the interim amendments to contains several sought elements, and no § 191.26(b)(4), set forth in T.D. 02–38, is Inapplicability of Delayed Effective impurities have been identified as such. inconsistent with the liquidation Date ILM at 1363. instructions on which it was to have These regulations serve to add It is additionally noted that the ILM been based. Since the total duty on the apportionment language to the Customs and the Dupont Courts found that the imported synthetic rutile includes duty Regulations necessitated by recent designated material was titanium, an on its titanium content, the calculation decisions of the Court of International element. The amount of an element is should be $600 duty paid divided by Trade and the Court of Appeals for the calculated by its weight. 30,000 pounds synthetic rutile ($600 ÷ Federal Circuit, and to finalize an Comment: One commenter suggested 30,000 = .02) duty per pound of interim rule that is already in effect. In that since the drawback claimant does imported rutile. Therefore, the example addition, the regulatory changes serve to not separate the sought element from set forth in § 191.26(b)(4) is amended benefit the public by providing specific the feedstock, then it is the feedstock accordingly and set forth below in the information as to how a drawback and not the sought element that must be regulatory text section of this document. claimant is to correctly make the the imported merchandise designated Comment: One commenter suggested requisite duty apportionment for drawback. that apportioning duty based on weight calculations when claiming CBP response: CBP disagrees. The ‘‘encourages uneconomical activities, manufacturing substitution drawback courts in ILM and Dupont held that the such as the export of waste and for a chemical element contained in ad element was the material that met the impurities in order to obtain drawback valorem duty-paid imported same kind and quality requirement and that would be due under value based merchandise. For these reasons, therefore the element was the methodologies.’’ The same commenter pursuant to the provisions of 5 U.S.C. designated merchandise. The CAFC in noted that this exportation of waste 553(d)(1) and (3), CBP finds that there ILM noted that it was not necessary to would result in an overpayment of duty is good cause for dispensing with a extract the sought element from the and a doubling of drawback claims delayed effective date. feedstock, and stated ‘‘* * * we see no because each drawback claimant would reason why ILM should be required to file an additional claim for waste. The Regulatory Flexibility Act and undertake such an additional step [of CBP response: CBP disagrees. No Executive Order 12866 extracting the titanium from the scrap] waste is generated from the designated Because no notice of proposed ***’’ Both the ILM and Dupont Courts merchandise, i.e., the titanium. rulemaking was required, the provisions determined that since the amount of the Additionally, even if waste were of the Regulatory Flexibility Act (5

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U.S.C. 601 et seq.) do not apply. 59.93% of the constituents in titanium DEPARTMENT OF TRANSPORTATION Further, these amendments do not meet dioxide. Multiplying that percentage, the criteria for a ‘‘significant regulatory converted to its decimal equivalent, by National Highway Traffic Safety action’’ as specified in Executive Order the amount of titanium dioxide Administration 12866. determines the titanium content of the × Federal Highway Administration Drafting Information imported synthetic rutile (.5993 27,510 pounds of titanium dioxide = The principal author of this document 16,486.7 pounds of titanium contained 23 CFR Part 1225 was Ms. Suzanne Kingsbury, in the imported synthetic rutile). Regulations Branch, Office of Therefore, up to 16,486.7 pounds of [Docket No. NHTSA–2002–13680] Regulations and Rulings, Bureau of titanium is available to be designated as Customs and Border Protection. RIN 2127–AI44 However, personnel from other offices the basis for drawback. As the per-unit duty paid on the synthetic rutile is participated in its development. Operation of Motor Vehicles by calculated by dividing the duty paid Intoxicated Persons List of Subjects 19 CFR Part 191 ($600) by the amount of imported Claims, Commerce, Customs duties synthetic rutile (30,000 pounds), the AGENCY: National Highway Traffic and inspection, Drawback, Reporting per-unit duty is two cents of duty per Safety Administration (NHTSA) and and recordkeeping requirements. pound of the imported synthetic rutile Federal Highway Administration ($600 ÷ 30,000 = $0.02). The duty on the (FHWA), Department of Transportation Amendment to the Regulations titanium is calculated by multiplying (DOT). ■ For the reasons stated above, the the amount of titanium contained in the ACTION: Final rule. interim rule amending part 191 of the imported synthetic rutile by two cents Customs Regulations (19 CFR part 191), of duty per pound (16,486.7 × $0.02 = SUMMARY: This final rule implements a which was published at 67 FR 48368– $329.73 duty apportioned to the program enacted by the Department of 48370 on July 24, 2002, is adopted as a titanium). The product is then Transportation and Related Agencies final rule with the change set forth multiplied by 99% to determine the Appropriations Act, 2001 (DOT below. maximum amount of drawback Appropriations Act of FY 2001), which requires the withholding of Federal-aid available ($329.73 × .99=$326.44). If an PART 191—DRAWBACK highway funds, beginning in fiscal year exported titanium alloy ingot weighs (FY) 2004, from any State that has not ■ 1. The general authority citation for 17,000 pounds, in which 16,000 pounds enacted and is not enforcing a law that part 191 continues to read as follows: of titanium was used to make the ingot, provides that any person with a blood Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 drawback is determined by multiplying or breath alcohol concentration (BAC) of (General Note 23, Harmonized Tariff the duty per pound ($0.02) by the 0.08 percent or greater while operating Schedule of the United States), 1313, 1624. weight of the titanium contained in the a motor vehicle in the State shall be * * * * * ingot (16,000 pounds) to calculate the deemed to have committed a per se × ■ 2. In § 191.26, the example to duty available for drawback ($0.02 offense of driving while intoxicated or paragraph (b)(4) is amended to read as 16,000 = $320.00). Because only 99% of an equivalent per se offense. This final follows: the duty can be claimed, drawback is rule defines what constitutes a determined by multiplying this conforming 0.08 BAC law for purposes § 191.26 Recordkeeping for manufacturing available duty amount by 99% (.99 × of this statute. drawback. $320.00 = $316.80). As the oxygen DATES: Effective Date: This final rule * * * * * content of the titanium dioxide is 45% becomes effective on October 21, 2003. (b) Substitution manufacturing. *** of the synthetic rutile, if oxygen is the Compliance Date: To meet the (4) * * * designated merchandise on another requirements of the 0.08 BAC sanction Example to paragraph (b)(4). Synthetic rutile that is shown by drawback claim, 45% of the duty program, States must enact and enforce appropriate analysis in the entry papers claimed on the synthetic rutile would be a conforming Section 163 law on or to be 91.7% pure titanium dioxide is available for drawback based on the before September 30, 2003. imported and dutiable at a 5% ad substitution of oxygen. FOR FURTHER INFORMATION CONTACT: In NHTSA: Ms. Jo Ann Moore, Office of valorem duty rate. The amount of Robert C. Bonner, imported synthetic rutile is 30,000 Injury Control Operations & Resources, Commissioner, Customs and Border NTI–200, telephone (202) 366–2121, fax pounds with an entered value of Protection. $12,000. The total duty paid is $600. (202) 366–7394; Ms. Carmen Hayes, Titanium in the synthetic rutile is Approved: August 19, 2003. Office of Injury Control Operations & designated as the basis for a drawback Timothy E. Skud, Resources, NTI–200, telephone (202) claim under 19 U.S.C. 1313(b). The Deputy Assistant Secretary of the Treasury. 366–2121; Ms. Tyler Bolden, Office of amount of titanium dioxide in the [FR Doc. 03–21575 Filed 8–21–03; 8:45 am] Chief Counsel, NCC–113, telephone synthetic rutile is determined by BILLING CODE 4820–02–P (202) 366–1834, fax (202) 366–3820. converting the purity percentage In FHWA: Mr. Rudy Umbs, Office of (91.7%) to its decimal equivalent (.917) Safety, HSA–1, telephone (202) 366– and multiplying the entered amount of 2177, fax (202) 366–3222; Mr. Raymond synthetic rutile (30,000 pounds) by that W. Cuprill, Office of Chief Counsel, decimal equivalent (.917 × 30,000 = HCC–30, telephone (202) 366–0791, fax 27,510 pounds of titanium dioxide (202) 366–7499; or Mr. Byron E. Dover, contained in the 30,000 pounds of Office of Safety, HSA–10, telephone imported synthetic rutile). The titanium, (202) 366–2161, fax (202) 366–2249. based on atomic weight, represents SUPPLEMENTARY INFORMATION:

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Table of Contents for Supplementary States had enacted laws that established TABLE 1.—STATES WITH 0.08 BAC Information 0.08 BAC as their per se limit. Between LAWS THAT MEET SECTION 163 I. Background June 1998 and October 2000, only two CRITERIA—Continued A. TEA–21, Section 163 Incentive Grant additional States and the District of [as of August 15, 2003] Program Columbia enacted and began enforcing B. Effects of Section 163 Incentive Grant 0.08 BAC laws that met all the Section Enactment Effective Program 163 criteria. State C. DOT Appropriations Act for FY 2001— date date Sanction Program C. DOT Appropriations Act for FY Michigan ...... 07/15/03 09/30/03 II. Notice of Proposed Rulemaking for the 2001—Sanction Program 0.08 BAC Sanction Program Mississippi ...... 03/11/02 07/01/02 A. Compliance Criteria In an effort to further reduce impaired Missouri ...... 06/12/01 09/29/01 B. Demonstrating Compliance driving injuries and fatalities, Congress Montana ...... 04/15/03 04/15/03 C. Period of Availability of Funds created a new 0.08 BAC program in the Nebraska ...... 03/01/01 09/01/01 III. Comments DOT Appropriations Act of FY 2001. Nevada ...... 06/10/03 09/23/03 A. Federalism New Hampshire .... 04/15/93 01/01/94 See Public Law 106–346—Appendix, New Mexico ...... 03/19/93 01/01/94 B. Comments Regarding Compliance sec. 351, 114 Stat. 1356A–34, 35. Criteria New York ...... 12/30/02 11/01/03 C. Comments Regarding Procedures Section 351 of Public Law 106–346– North Carolina ...... 07/05/93 10/01/93 IV. Regulatory Analyses and Notices Appendix (Section 351) provides for the North Dakota* ...... 04/07/03 08/01/03 A. Executive Order 12988 (Civil Justice withholding of Federal-aid highway Ohio ...... 03/31/03 07/01/03 Reform) funds from any State that has not Oklahoma ...... 06/08/01 07/01/01 B. Executive Order 12866 (Regulatory enacted and is not enforcing a 0.08 BAC Oregon ...... 08/04/83 10/15/83 Planning and Review) and DOT law by the beginning of FY 2004. This Puerto Rico ...... 01/10/00 01/10/01 Regulatory Policies and Procedures legislation did not alter the incentive Rhode Island ...... 07/02/03 07/02/03 South Carolina ...... 06/19/03 08/19/03 C. Regulatory Flexibility Act grant program, which was established in D. Paperwork Reduction Act South Dakota ...... 02/27/02 07/01/02 E. National Environmental Policy Act TEA–21. That program will continue Tennessee ...... 06/27/02 07/01/03 F. The Unfunded Mandates Reform Act through FY 2003. Texas ...... 05/28/99 09/01/99 G. Executive Order 13132 (Federalism The DOT Appropriations Act of FY Utah ...... 03/19/83 08/01/83 Summary Impact Statement) 2001 was signed into law on October 23, Vermont ...... 06/06/91 07/01/91 H. Executive Order 13175 (Consultation 2000. Since that date, twenty-six Virginia ...... 04/06/94 07/01/94 and Coordination with Indian Tribal additional States have enacted Washington ...... 03/30/98 01/01/99 Governments) conforming 0.08 BAC laws. As of Wisconsin ...... 07/03/03 09/30/03 Wyoming ...... 03/11/02 07/01/02 I. Background August 15, 2003, forty-four States, the District of Columbia and the A. TEA–21, Section 163 Incentive Grant Total: 44 States, plus the District of Co- Commonwealth of Puerto Rico have lumbia and Puerto Rico Program enacted 0.08 BAC laws that meet all the On June 9, 1998, the Transportation requirements of Section 163.1 See Table * North Dakota’s 0.08 BAC law, which was scheduled to go into effect on August 1, 2003, Equity Act for the 21st Century (TEA– 1. was suspended by submission of a ref- 21) was signed into law. Section 1404 of erendum petition, and the future status of this the Act established a $500 million TABLE 1.—STATES WITH 0.08 BAC law is currently uncertain. incentive grant program under 23 U.S.C. LAWS THAT MEET SECTION 163 II. Notice of Proposed Rulemaking for 163 to encourage States to adopt CRITERIA the 0.08 BAC Sanction Program effective 0.08 BAC laws. Section 163 [as of August 15, 2003] provided that the Secretary of On February 6, 2003, the agencies Transportation shall make a grant to any Enactment Effective published a notice of proposed State that has enacted and is enforcing State date date rulemaking (NPRM) in the Federal a law that provides that any person with Register to define the criteria to be a BAC of 0.08 percent or greater while Alabama ...... 07/31/95 10/01/95 applied to determine what constitutes a operating a motor vehicle in the State Alaska ...... 07/03/01 09/01/01 valid 0.08 BAC law for purposes of the Arizona ...... 04/11/01 08/31/01 shall be deemed to have committed a statute (68 FR 6091). The statute Arkansas ...... 03/06/01 08/13/01 requires the Secretary to withhold from per se offense of driving while California ...... 1989 01/01/90 intoxicated or an equivalent per se Connecticut ...... 07/01/02 07/01/02 apportionment a portion of Federal-aid offense. District of Colum- highway funds from any State that does On September 3, 1998, NHTSA and bia ...... 12/01/98 04/13/99 not meet the Section 163 requirements, the FHWA (the agencies) published a Florida ...... 04/27/93 01/01/94 beginning on October 1, 2003. To avoid joint interim final rule, establishing the Georgia ...... 04/16/01 07/01/01 such withholding, a State must enact criteria that States must meet and the Hawaii ...... 06/30/95 06/30/95 and enforce a law that provides that any Idaho ...... 03/17/97 07/01/97 person with a BAC of 0.08 percent or procedures they must follow to qualify Illinois ...... 07/02/97 07/02/97 for an incentive grant. See 63 FR 46881. Indiana ...... 05/09/01 07/01/01 greater while operating a motor vehicle On July 1, 1999, after considering the Iowa ...... 04/24/03 07/01/03 in the State shall be deemed to have comments filed in response to the Kansas ...... 04/22/93 07/01/93 committed a per se offense of driving interim final rule, the agencies Kentucky ...... 04/21/00 10/01/00 while intoxicated or an equivalent per published a final rule implementing the Louisiana ...... 06/26/01 09/30/03 se offense. The Secretary has delegated Section 163 incentive grant program. Maine ...... 04/28/88 08/04/88 the authority to define conforming 0.08 Maryland ...... 04/10/01 09/30/01 See 64 FR 35568. BAC laws to NHTSA and the authority Massachusetts ...... 06/30/03 06/30/03 to implement the 0.08 BAC sanction B. Effects of Section 163 Incentive Grant program to the FHWA. Program 1 To date, the following States have not enacted As required by statute, if any State has conforming 0.08 BAC laws: Colorado, Delaware, Before the Section 163 incentive grant Minnesota, New Jersey, Pennsylvania and West not enacted and is not enforcing a program was signed into law, only 16 Virginia. conforming 0.08 BAC law by October 1,

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2003, two percent of its FY 2004 5. Both Criminal and ALR Laws or before September 30, 2007, would Federal-aid highway apportionment A State must establish a 0.08 BAC per have their withheld funds restored to under 23 U.S.C. 104(b)(1), 104(b)(3) and se level under its criminal code. In them. However, if a State is not in 104(b)(4) shall be withheld. These addition, if the State has an compliance with the requirements of sections relate to the apportionments for administrative license revocation or Section 163 on October 1, 2007, any the National Highway System, the suspension (ALR) law, the State must funds withheld from apportionment to Surface Transportation Program and the establish an 0.08 BAC per se level under the State would begin to lapse and Interstate System (including resurfacing, its ALR law, as well. would no longer be available for restoring, rehabilitating and apportionment. reconstructing the interstate system). 6. Standard Driving While Intoxicated Offense The amount withheld would increase by TABLE 2.—EFFECTS OF THE 0.08 BAC two percent each year, until it reaches The State’s 0.08 BAC per se law must SANCTION PROGRAM ON NON-COM- eight percent in FY 2007 and thereafter. be deemed to be or be equivalent to the PLYING STATES State’s standard driving while A. Compliance Criteria intoxicated offense; that is, the State’s Fiscal Withhold Lapse non-BAC per se driving while year (percent) In the NPRM, the agencies proposed intoxicated offense in the State. that the same criteria that had been A more detailed discussion of the six 2004 ... 2 applied since 1998 to determine elements described above is contained 2005 ... 4 whether a State had enacted and made 2006 ... 6 in the rulemaking for the incentive grant 2007 ... 8 effective a conforming 0.08 BAC law program. See 64 FR at 46883–84. under the Section 163 incentive grant 2008 ... 8 2% withheld in FY04. B. Demonstrating Compliance 2009 ... 8 4% withheld in FY05. program, be applied also to the Section 2010 ... 8 6% withheld in FY06. 163 sanction program. See 64 FR 35568. To demonstrate compliance with this 2011 ... 8 8% withheld in FY07. To meet the Section 163 criteria, a rulemaking, the agencies proposed that 2012 ... 8 8% withheld in FY08. conforming 0.08 BAC law must contain States be required to submit conforming the following elements: certifications to the appropriate NHTSA III. Comments Regional Administrator on or before July 1. Any Person 15, to receive an incentive grant in FY The NPRM was published on February 6, 2003. The agencies received A State must enact and enforce a law 2003; and on or before September 30, to avoid the withholding of funds in FY five comments in response to it. that establishes a BAC limit of 0.08 or Comments were received from two State greater that applies to all persons. The 2004 and subsequent fiscal years. In addition, the NPRM proposed not agencies and three concerned law can provide for no exceptions. to require States in compliance with the individuals. The State comments were 2. Blood or Breath Alcohol Section 163 incentive grant program in submitted by Judy E. Brown, Chief of Concentration (BAC) of 0.08 Percent FY 2003 to submit additional the Texas Department of Public Safety certifications for FY 2004, unless their (TXDPS), Driver License Division, and A State must set a level of no more law/s had changed in the interim. Frank J. Busalacchi, Secretary for the than 0.08 percent as the per se limit for Each State initially determined to be Wisconsin Department of blood or breath alcohol concentration, in noncompliance would, under the Transportation (WIDOT). thereby making it an offense for any proposal, have until September 30 to A. Federalism person to have a BAC of 0.08 or greater rebut the initial determination or to while operating a motor vehicle. come into compliance. The State would To ensure that States had a full be notified of the agencies’ final opportunity to raise any Federalism 3. Per Se Law determination of compliance or concerns, the agencies conducted an outreach program aimed at eliciting A State must consider persons who noncompliance and the amount of funds to be withheld as part of the final notice comments on the possible Federalism have a BAC of 0.08 percent or greater implications of this rule. while operating a motor vehicle in the of apportionments (which normally is issued on October 1 of each year). Since the incentive grant program was State to have committed a per se offense signed into law, States have had of driving while intoxicated. In other C. Period of Availability of Funds continuous contact with the agencies. words, States must establish a 0.08 ‘‘per The NPRM proposed an incremental States that were considering passing se’’ law, that makes operating a motor approach to the withholding of funds 0.08 BAC legislation were encouraged to vehicle with a BAC of 0.08 percent or apportionment for noncompliance. submit copies of their proposals to the above, in and of itself, an offense. Specifically, the NPRM proposed that if agencies’ regional offices for review and 4. Primary Enforcement a State is found to be in noncompliance initial comment. These legislative on October 1, 2003, the State would be proposals were then forwarded to A State must enact and enforce a 0.08 subject to a two percent withholding of NHTSA’s Office of Chief Counsel (OCC) BAC law that provides for primary its FY 2004 apportionment on that date. to determine compliance with the enforcement. Under a primary If a State is found to be in requirements of Section 163. During this enforcement law, law enforcement noncompliance on October 1 of any review process, OCC staff and staff from officials have the authority to enforce subsequent fiscal year, the withholding the Office of Injury Control Operations the law without, for example, the need percentage would increase by two and Resources (ICOR) interacted with to show that they had probable cause or percent each year, until it reached eight different State employees and officials had cited the offender for a violation of percent in FY 2007 and thereafter. See by telephone and through electronic another offense. Any State with a law Table 2. mail. These communications, both that provides for secondary enforcement In addition, the NPRM proposed that formal and informal, provided of its 0.08 BAC provision will not meet any State that comes into compliance substantial opportunities for State and the requirements of this part. with the requirements of Section 163 on local officials to discuss and comment

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on program compliance and policy purpose of Federal-aid highway and programs, have been found issues. Following a full review of all grant funds distribution.’’ Accordingly, constitutional in the past and we applicable State laws and implementing TXDPS indicated that it has no consider this program to fall within the regulations, OCC notified States of their objections or additional comments ambit of those judicial rulings. See, compliance with Section 163 by letter. regarding the agencies’ proposal. South Dakota v. Dole, 483 U.S. 203 Any State found not to be in compliance WIDOT requested clarification (1987) (upholding the withholding of with Section 163 was notified of the regarding ‘‘the mechanics and timeline funds from States without a conforming reasoning behind this determination of the process to restore withheld minimum drinking age act under the and reminded of the impending funding.’’ Specifically, WIDOT noted spending clause and the Twenty-first sanction program becoming effective in that Section 1225.9 of the proposed rule Amendment) and The People v. FY 2004. did not specify ‘‘the manner in which Williams, 175 Cal. App. 3d Supp. 16 The agencies also solicited comments withheld funds would be restored to a (1985) (finding that the Federal in the NPRM, and following its state that comes into compliance withholding of funds from States publication, sent letters requesting following September 30, 2003.’’ In its without a conforming maximum speed comments on possible Federalism comments, WIDOT indicated that it limit was an appropriate exercise of implications to several National presumed that the certification process Congress’ authority under the spending organizations representing State and detailed in Section 1225.7 of the clause and that the authority was not local officials. The six organizations proposed rule would be used for limited by the Tenth Amendment). included: The National Governors restoration of withheld funds. However, The agencies also note that a Association, National Conference of WIDOT noted that the rule did not commenter from Texas expressed State Legislatures, International specify that this would be the case. In concern about this rulemaking because Association of Chiefs of Police, addition, it remarked that the NPRM did of ‘‘a potential Procedural Due Process Governors Highway Safety Association, not indicate ‘‘how quickly the restored problem.’’ She asserted that, ‘‘according National Sheriff’s Association, and the funding will be available to a compliant to a literal reading of § 1225.5(a)(1), American Association of State Highway state.’’ Louisiana’s 0.08 BAC law must be and Transportation Officials. NHTSA In response to these comments, the enforced (and therefore must also be has not received any indication of agencies have decided to modify the effective) when Louisiana sends in its concerns about the Federalism regulation by adding new provisions to certification letter * * * [yet] [t]he last implications of this rulemaking from the sections regarding ‘‘Certification day that Louisiana can send a these representatives. In addition, none requirements for sanction program’’ and certification letter is July 15, 2003—a of these groups submitted comments in ‘‘Period of availability of withheld full 21⁄2 months before its 0.08 BAC law response to the NPRM. funds.’’ The agencies have determined will be effective and enforced.’’ In sum, the agencies have considered that no other changes to the regulation To address this concern, the the impact of this action on State and are needed. commenter suggested certain revisions local agencies. We have concluded that These new provisions specify the to the certification statements to allow the effects on States and local agencies certification process that should be Louisiana to qualify for an incentive will be minimal and consist of changes followed for States that comply with the grant fund in FY 2003. Specifically, the that States make as a matter of course requirements of Section 163 in FY 2004 commenter suggested that the agencies when amending a State law. or thereafter. These new provisions also amend the certification statement Furthermore, the agencies received no clarify that States that are seeking contained in Section 1225.5(a)(1) to comments from State or local agencies compliance with Section 163, following allow States to submit certifications by to indicate otherwise. Accordingly, the a withholding of funds under Section July 15, 2003, if the newly enacted laws agencies do not believe that this final 1225.8, should contact their appropriate become effective before the end of the rule raises any Federalism issues and no NHTSA Regional Administrator and fiscal year. changes to this document are required. inform them that they have enacted a While it is clear that States have no 0.08 BAC law they believe to be property interest in receiving TEA–21 B. Comments Regarding Compliance conforming. The new law and funds, the comment raises a legitimate Criteria subsequent certification of compliance question regarding the manner in which The agencies received few comments will be reviewed by NHTSA. If NHTSA States, such as Louisiana, are to certify to the NPRM. In particular, the agencies determines, based on the State’s law and that they qualify for an incentive grant received no comments or objections to its certification, that the State is now in if they enact a law prior to July 15 the compliance criteria proposed in the compliance with Section 163 and these (when certifications are due to be NPRM. Accordingly, these portions of implementing regulations, NHTSA will submitted), and their law becomes the NPRM are being adopted without inform the FHWA of its determination effective on or before September 30, but change. and the FHWA will restore all withheld after July 15. This issue had already apportionment funds to the State’s C. Comments Regarding Procedures been addressed in the 0.08 incentive appropriate apportionment categories as grant regulations. See 64 FR at 35572. The agencies received some quickly as possible. In particular, the regulations provide comments and questions regarding Three individuals also commented on that, ‘‘If the State’s 0.08 BAC per se law procedural aspects of the NPRM. Texas, the proposal, expressing support and is not currently in effect, but will which has had a conforming 0.08 BAC opposition to the federal policy become effective and be enforced before law since September 1, 1999, underlying the Congressional mandate the end of the current fiscal year, the commented on the proposed and raising concerns about the certification shall be worded as follows: certification process. Specifically, the constitutionality of the proposal and the TXDPS commented favorably on the (Name of certifying official), (position title), ability of States to receive incentive of the (State or Commonwealth) of llll, proposed certification process, stating grants in FY 2003. do hereby certify that the (State or that the ‘‘proposed certifications will Similar programs, such as the Commonwealth) of llll has enacted a legitimately serve NHTSA’s goal of National Minimum Drinking Age and 0.08 BAC per se law that conforms to 23 ascertaining state compliance for the the National Maximum Speed Limit U.S.C. 163 and 23 CFR 1225.4, (citations to

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State law), and will become effective and be rulemaking action are minimal and D. Paperwork Reduction Act enforced as of (effective date of the law), and consist of changes that States make as a This action does not contain a that the funds received by the (State or matter of course when amending a State llll collection of information requirement Commonwealth) of under 23 U.S.C. law. A complete discussion of the 163 will be used for projects eligible for for purposes of the Paperwork assistance under title 23 of the United States economic impact of this rule is Reduction Act of 1995, 44 U.S.C. Code, which include highway construction contained in the final regulatory Chapter 35, as implemented by the as well as highway safety projects and evaluation, which is in the docket. Office of Management and Budget programs.’’ 23 CFR 1225.5(a)(1)(ii). C. Regulatory Flexibility Act (OMB) in 5 CFR part 1320. Since the start of the incentive grant program in 1998, the agencies have In compliance with the Regulatory E. National Environmental Policy Act received and accepted certifications Flexibility Act (Pub. L. 96–354, 5 U.S.C. The agencies have reviewed this from a number of States using this type 601–612), the agencies have evaluated action for the purpose of the National of certification statement. Given that the the effects of this action on small Environmental Policy Act (42 U.S.C. State of Louisiana enacted a conforming entities. As a sanction program, this rule 4321 et seq.) and have determined that 0.08 BAC per se law prior to July 15, will have different consequences it will not have any significant impact 2003, and it will become effective on depending on whether the States enact on the quality of the human September 30, 2003, the State should be and enforce a conforming 0.08 BAC law environment. able to submit this type of certification, or whether they choose to accept the in conformance with the current sanction for not enacting and enforcing F. The Unfunded Mandates Reform Act regulation. a conforming law. The Unfunded Mandates Reform Act The agencies did not propose to In States that have enacted 0.08 BAC of 1995 (2 U.S.C. 1531) requires change this aspect of the regulation. laws, consumption of beer has dropped agencies to prepare a written assessment However, after consideration of the 3.5 percent on average. By contrast, of the costs, benefits and other effects of comments received in response to this consumption of wine and spirits do not rules that include a Federal mandate action, the agencies have decided to correlate with the number of drinking likely to result in the expenditure by modify the certification requirements drivers in fatal crashes. Thus, if a State State, local or tribal governments, in the for the sanction program by adopting a passes a 0.08 law, all businesses, large aggregate, or by the private sector, of similarly worded certification for States and small, that sell and serve beer are $100 million or more (adjusted annually that are seeking to demonstrate likely to experience a small reduction in for inflation) in any one year. This final conformance with the sanction program sales. However, most businesses sell rule does not require an assessment based on an enacted law that has not yet other products, such as food or other under this law. The costs to States to become effective. beverages. Therefore, the overall impact enact and make effective conforming on those businesses would be IV. Regulatory Analyses and Notices 0.08 BAC laws will not result in annual significantly less than 3.5 percent. For expenditures that exceed the $100 A. Executive Order 12988 (Civil Justice some businesses, such as beer million threshold. Moreover, States that Reform) distributors (where a small business is enact 0.08 BAC laws will avoid the loss This final rule will not have any defined as 100 employees or less), the of millions of dollars in Federal-aid preemptive or retroactive effect. This decline may approach the 3.5 percent highway funds. action meets applicable standards in range. States that do not enact and enforce G. Executive Order 13132 (Federalism sections 3(a) and 3(b)(2) of Executive Summary Impact Statement) Order 12988, Civil Justice Reform, to conforming 0.08 BAC laws will lose minimize litigation, eliminate Federal-aid highway funds. This loss Executive Order 13132 requires ambiguity, and reduce burden. may impact highway construction firms, Federal agencies to consider the impact where a small business is defined as of their regulatory actions on State and B. Executive Order 12866 (Regulatory $28.5 million in annual gross income. local governments. Where such actions Planning and Review) and DOT The precise number of small businesses have ‘‘federalism implications,’’ Regulatory Policies and Procedures that may be affected cannot be agencies are directed to provide ‘‘a The agencies have determined that determined, since it is assumed that any description of the extent of the agency’s this action is a significant regulatory impact is just as likely to impact prior consultation with State and local action within the meaning of Executive businesses of any size. In addition, the officials; a summary of the nature of Order 12866 and is significant within penalty affects only Federal highway their concerns and the agency’s position the meaning of the Department of funds, which make up, on average in the supporting the need to issue the Transportation Regulatory Policies and 6 States affected, only 15 percent of all regulation; and a statement of the extent Procedures. This determination is based State highway expenditures. to which the concerns of the State and on the fact that the withholding of Accordingly, even if the sanction were local officials have been met.’’ Federal-aid highway funds under the imposed at the highest rate of 8 percent, For the reasons cited earlier in the 0.08 BAC sanction program is a matter the maximum reductions in highway preamble, the agencies conclude that of substantial interest to the public and expenditures in the relevant States the effects of this rule on States and to Congress. Further, there is a would be within a range of only 1.09 local agencies will be minimal and possibility that the State withholdings percent (in Minnesota or New Jersey) to consist of changes that States make as a resulting from this action could total 1.93 percent (in Delaware). Further, matter of course when amending a State from $34 million to over $137 million. most of these businesses do not rely law. Furthermore, the agencies note that Accordingly, a final regulatory totally on highway construction Congress created the 0.08 BAC sanction evaluation was prepared in conjunction contracts for their revenue. program in Public Law 106–346– with this rule. Based on these considerations, we Appendix, and the agencies are required The final regulatory evaluation hereby certify that this action will not to carry out this program in accordance concludes that, aside from advertising have a significant economic impact on with the principles established by costs, the costs for implementing this a substantial number of small entities. Congress.

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Accordingly, the agencies do not § 1225.1 Scope. alcohol concentration (BAC) of 0.08 believe that this final rule raises any This part prescribes the requirements percent or greater while operating a Federalism issues and no changes to necessary to implement 23 U.S.C. 163, motor vehicle in the State shall be this document are required. which encourages States to enact and deemed to have committed a per se enforce 0.08 BAC per se laws through offense of driving while intoxicated or H. Executive Order 13175 (Consultation the use of incentive grants and Section an equivalent per se offense. The law and Coordination with Indian Tribal 351 of Public Law 106–346—Appendix, must: Governments) which requires the withholding of (a) Apply to all persons; The agencies have analyzed this Federal-aid highway funds from any (b) Set a BAC of not higher than 0.08 action under Executive Order 13175, State that has not enacted and is not percent as the legal limit; and believe that this final rule will not enforcing a 0.08 BAC per se law as (c) Make operating a motor vehicle by an have a substantial direct effect on one or described in 23 U.S.C. 163. individual at or above the legal limit a per more Indian tribes; will not impose se offense; § 1225.2 Purpose. (d) Provide for primary enforcement; substantial direct compliance costs on The purpose of this part is to specify (e) Apply the 0.08 BAC legal limit to the Indian tribal governments; and will not State’s criminal code and, if the State has an preempt tribal law. Therefore, a tribal the steps that States must take to qualify for incentive grant funds in accordance administrative license suspension or summary impact statement is not revocation (ALR) law, to its ALR law; and required. with 23 U.S.C. 163; and the steps that (f) Be deemed to be or be equivalent to the States must take to avoid the standard driving while intoxicated offense in Regulation Identification Number withholding of funds as required by the State. Section 351 of Public Law 106–346— A regulation identification number Appendix. § 1225.5 General requirements for (RIN) is assigned to each regulatory incentive grant program. section listed in the Unified Agenda of § 1225.3 Definitions. (a) Certification requirements. (1) To Federal Regulations. The Regulatory As used in this part: qualify for a first-year grant under 23 Information Service Center publishes (a) Alcohol concentration means U.S.C. 163, a State must submit a the Unified Agenda in April and either grams of alcohol per 100 certification by an appropriate State October of each year. The RIN contained milliliters of blood or grams of alcohol official, that the State has enacted and in the heading of this document can be per 210 liters of breath. is enforcing a 0.08 BAC per se law that used to cross-reference this section with (b) ALR means either administrative conforms to 23 U.S.C. 163 and § 1225.4 the Unified Agenda. license revocation or administrative of this part and that the funds will be license suspension. List of Subjects in 23 CFR Part 1225 used for eligible projects and programs. (c) BAC means either blood or breath (i) If the State’s 0.08 BAC per se law Alcohol and alcoholic beverages, alcohol concentration. is currently in effect and is being Transportation, Highway safety. (d) BAC per se law means a law that enforced, the certification shall be makes it an offense, in and of itself, to worded as follows: ■ In accordance with the foregoing, 23 operate a motor vehicle with an alcohol CFR Part 1225 is revised to read as (Name of certifying official), (position title), concentration at or above a specified of the (State or Commonwealth) of llll, follows: level. do hereby certify that the (State or (e) Citations to State law means Commonwealth) of llll has enacted and PART 1225—OPERATION OF MOTOR citations to all sections of the State’s law is enforcing a 0.08 BAC per se law that VEHICLES BY INTOXICATED relied on to demonstrate compliance conforms to 23 U.S.C. 163 and 23 CFR PERSONS with 23 U.S.C. 163, including all 1225.4, (citations to State law), and that the applicable definitions and provisions of funds received by the (State or Sec. llll the State’s criminal code and, if the Commonwealth) of under 23 U.S.C. 1225.1 Scope. 163 will be used for projects eligible for 1225.2 Purpose. State has an ALR law, all applicable assistance under title 23 of the United States 1225.3 Definitions. provisions of the State’s ALR law. Code, which include highway construction 1225.4 Adoption of 0.08 BAC per se law. (f) Has enacted and is enforcing as well as highway safety projects and 1225.5 General requirements for incentive means the State’s law is in effect and the programs. grant program. State has begun to implement the law. 1225.6 Award procedures for incentive (g) Operating a motor vehicle means (ii) If the State’s 0.08 BAC per se law grant program. driving or being in actual physical is not currently in effect, but will 1225.7 Certification requirements for control of a motor vehicle. become effective and be enforced before sanction program. (h) Standard driving while intoxicated the end of the current fiscal year, the 1225.8 Funds withheld from offense means the non-BAC per se certification shall be worded as follows: apportionment. 1225.9 Period of availability of withheld driving while intoxicated offense in the (Name of certifying official), (position title), funds. State. of the (State or Commonwealth) of llll, 1225.10 Apportionment of withheld funds (i) State means any one of the 50 do hereby certify that the (State or after compliance. States, the District of Columbia, or Commonwealth) of llll has enacted a 1225.11 Notification of compliance. Puerto Rico. 0.08 BAC per se law that conforms to 23 1225.12 Procedures affecting States in U.S.C. 163 and 23 CFR 1225.4, (citations to noncompliance. § 1225.4 Adoption of 0.08 BAC per se law. State law), and will become effective and be Appendix A to Part 1225—Effects of the 0.08 In order to avoid the withholding of enforced as of (effective date of the law), and that the funds received by the (State or BAC Sanction Program on Non- funds as specified in § 1225.8 of this Commonwealth) of llll under 23 U.S.C. Complying States part, and to qualify for an incentive 163 will be used for projects eligible for Authority: 23 U.S.C. 163; sec. 351, Pub. L. grant under § 1225.5 of this part, a State assistance under title 23 of the United States 106–346—Appendix, 114 Stat. 1356A–34, 35; must demonstrate that it has enacted Code, which include highway construction delegation of authority at 49 CFR 1.48 and and is enforcing a law that provides that as well as highway safety projects and 1.50. any person with a blood or breath programs.

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(2) To qualify for a subsequent-year all such States under section 402 for conforms to the requirements of 23 U.S.C. grant under 23 U.S.C. 163, a State must such fiscal year. 163 and 23 CFR 1225.4, (citations to State submit a certification by an appropriate (2) A State may obligate grant funds law). State official. apportioned under this Part for any (2) If the State’s 0.08 BAC per se law (i) If the State’s 0.08 BAC per se law project eligible for assistance under title is not currently in effect, but will has not changed since the State last 23 of the United States Code. become effective and be enforced before qualified for grant funds under this (3) The Federal share of the cost of a the end of the current fiscal year, the program, the certification shall be project funded with grant funds certification shall be worded as follows: worded as follows: awarded under this part shall be 100 I, (name of certifying official), (position title), (Name of certifying official), (position title), percent. of the (State or Commonwealth) of llll, of the (State or Commonwealth) of llll, do hereby certify that the (State or § 1225.6 Award procedures for incentive Commonwealth) of llll, has enacted a do hereby certify that the (State or grant program. Commonwealth) of llll has not changed 0.08 BAC per se law that conforms to the and is enforcing a 0.08 BAC per se law, (a) In each Federal fiscal year, grant requirements of 23 U.S.C. 163 and 23 CFR which conforms to 23 U.S.C. 163 and 23 CFR funds will be apportioned to eligible 1225.4, (citations to State law), and will 1225.4, and that the funds received by the States upon submission and approval of become effective and be enforced as of (State or Commonwealth) of llll under the documentation required by (effective date of the law). 23 U.S.C. 163 will be used for projects § 1225.5(a) and subject to the limitations (c) An original and four copies of the eligible for assistance under title 23 of the in § 1225.5(b). The obligation authority certification shall be submitted to the United States Code, which include highway associated with these funds is subject to appropriate NHTSA Regional construction as well as highway safety the limitation on obligation pursuant to Administrator. Each NHTSA Regional projects and programs. section 1102 of the Transportation Administrator will forward copies of the (ii) If the State’s 0.08 BAC per se law Equity Act for the 21st Century (TEA– certifications received to the appropriate has changed since the State last 21). NHTSA and FHWA offices. qualified for grant funds under this (b) As soon as practicable after the (d) Once a State has been determined program, the certification shall be apportionment in a fiscal year, but in no to be in compliance with the worded as follows: event later than September 30 of the requirements of 23 U.S.C. 163 and this part, it is not required to submit (Name of certifying official), (position title), fiscal year, the Governor’s of the (State or Commonwealth) of llll, Representative for Highway Safety and additional certifications, except that the do hereby certify that the (State or the Secretary of the State’s Department State shall promptly submit an Commonwealth) of llll has amended of Transportation for each State that amendment or supplement to its and is enforcing a 0.08 BAC per se law that receives an apportionment shall jointly certification provided under this section conforms to 23 U.S.C. 163 and 23 CFR identify, in writing to the appropriate if the State’s 0.08 BAC per se law 1225.4, (citations to State law), and that the NHTSA Regional Administrator, the changes. funds received by the (State or amounts of the State’s apportionment (e) Certifications submitted in FY Commonwealth) of llll, under 23 U.S.C. that will be obligated to highway safety 2003. (1) Any State that submits a 163 will be used for projects eligible for certification of compliance under assistance under title 23 of the United States program areas and to Federal-aid Code, which include highway construction highway projects. Each NHTSA § 1225.5 of this part, in conformance as well as highway safety projects and Regional Administrator will forward with the requirements of 23 U.S.C. 163, programs. copies of the joint letters to the on or before July 15, 2003, will qualify for an incentive grant in FY 2003 and (3) An original and four copies of the appropriate NHTSA and FHWA offices. (c) Apportionments will not be made will avoid the withholding of funds in certification shall be submitted to the FY 2004. All certifications submitted in appropriate NHTSA Regional by the NHTSA and FHWA unless this letter from the State is received. conformance with the incentive grant Administrator. Each Regional program will meet the certification Administrator will forward the § 1225.7 Certification requirements for requirements of the sanction program. certifications it receives to appropriate sanction program. (2) Any State that submits a NHTSA and FHWA offices. (a) Beginning with FY 2004, to avoid certification of compliance under this (4) Each State that submits a the withholding of funds, each State section, in conformance with the certification will be informed by the shall certify to the Secretary of requirements of 23 U.S.C. 163, between agencies whether or not it qualifies for Transportation, before the last day of the July 16, 2003 and September 30, 2003, funds. previous fiscal year, that it meets all the will not qualify for an incentive grant in (5) To qualify for grant funds in a requirements of 23 U.S.C. 163 and this FY 2003, but will meet the certification fiscal year, certifications must be part. requirements of the sanction program, received by the agencies not later than (b) The certification shall contain a thereby avoiding the withholding of July 15 of that fiscal year. statement from an appropriate State funds in FY 2004. (b) Limitation on grants. A State may official that the State has enacted and is (f) Certifications submitted in FY 2004 receive grant funds, subject to the enforcing a 0.08 BAC per se law that or thereafter. Any State that has been in following limitations: conforms to 23 U.S.C. 163 and 23 CFR noncompliance with the requirements (1) The amount of a grant apportioned part 1225. of 23 U.S.C. 163 and this part, in or after to a State under § 1225.4 of this part (1) If the State’s 0.08 BAC per se law FY 2004, will initially be subject to a shall be determined by multiplying: is currently in effect and is being withholding of funds in accordance (i) The amount authorized to carry out enforced, the certification shall be with § 1225.8 of this part. Following the section 163 of 23 U.S.C. for the fiscal worded as follows: submission of a conforming certification year; by I, (name of certifying official), (position title), of compliance by such States, all (ii) The ratio that the amount of funds of the (State or Commonwealth) of llll, withheld funds will be restored to a apportioned to each such State under do hereby certify that the (State or States’ appropriate apportionment section 402 for such fiscal year bears to Commonwealth) of llll, has enacted and categories in accordance with § 1225.9 the total amount of funds apportioned to is enforcing a 0.08 BAC per se law that of this part.

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§ 1225.8 Funds withheld from accordance with appendix A of this Appendix A to Part 1225—Effects of the apportionment. part. 0.08 BAC Sanction Program on Non- (a) Beginning in fiscal year 2004, the Complying States Secretary shall withhold 2 percent of § 1225.11 Notification of compliance. the amount required to be apportioned (a) Beginning with FY 2004, NHTSA EFFECTS OF THE 0.08 BAC SANCTION for Federal-aid highways to any State and FHWA will notify States of their PROGRAM ON NON-COMPLYING under each of paragraphs (1), (3), and (4) compliance or noncompliance with the STATES of section 104(b) of title 23, United statutory and regulatory requirements of States Code, if a State has not enacted 23 U.S.C. 163 and this part, based on a Fiscal year Withhold Lapse and is not enforcing a law that meets the review of certifications received. States requirements of 23 U.S.C. 163 and will be required to submit their 2004 ... 2% § 1225.4 of this part. certifications on or before September 30, 2005 ... 4 (b) In fiscal year 2005, the Secretary to avoid the withholding of funds in a 2006 ... 6 shall withhold 4 percent of the amount fiscal year. 2007 ... 8 required to be apportioned for Federal- 2008 ... 8 2% withheld in FY04. aid highways to any State under each of (b) This notification of compliance 2009 ... 8 4% withheld in FY05. paragraphs (1), (3), and (4) of section will take place through FHWA’s normal 2010 ... 8 6% withheld in FY06. 104(b) of title 23, United States Code, if certification of apportionments process. 2011 ... 8 8% withheld in FY07. 2012 ... 8 8% withheld in FY08. a State has not enacted and is not If the agencies do not receive a enforcing a law that meets the certification from a State, by June 15 of requirements of 23 U.S.C. 163 and any fiscal year, or if the certification Issued on: August 18, 2003. § 1225.4 of this part. does not conform to the requirements of Mary E. Peters, (c) In fiscal year 2006, the Secretary 23 U.S.C. 163 and this part, the agencies Administrator, Federal Highway shall withhold 6 percent of the amount will make an initial determination that Administration. required to be apportioned for Federal- the State is not in compliance. Jeffrey W. Runge, aid highways to any State under each of Administrator, National Highway Traffic § 1225.12 Procedures affecting States in paragraphs (1), (3), and (4) of section Safety Administration. noncompliance. 104(b) of title 23, United States Code, if [FR Doc. 03–21492 Filed 8–21–03; 8:45 am] a State has not enacted and is not (a) Each fiscal year, each State BILLING CODE 4910–59–U enforcing a law that meets the determined to be in noncompliance requirements of 23 U.S.C. 163 and with 23 U.S.C. 163 and this part, based § 1225.4 of this part. on NHTSA and FHWA’s preliminary DEPARTMENT OF THE TREASURY (d) In fiscal year 2007, and in each review of its certification, will be fiscal year thereafter, the Secretary shall advised of the amount of funds expected Internal Revenue Service withhold 8 percent of the amount to be withheld under § 1225.8 from required to be apportioned for Federal- apportionment, as part of the advance 26 CFR Part 1 aid highways to any State under each of notice of apportionments required [TD 9080] paragraphs (1), (3), and (4) of section under 23 U.S.C. 104(e), which is RIN 1545–BC47 104(b) of title 23, United States Code, if ordinarily issued on July 1 of each fiscal a State has not enacted and is not year. Reduction of Tax Attributes Due to enforcing a law that meets the Discharge of Indebtedness; Correction requirements of 23 U.S.C. 163 and (b) If NHTSA and FHWA determine that any State is not in compliance with § 1225.4 of this part. AGENCY: Internal Revenue Service (IRS), 23 U.S.C. 163 and this part, based on the Treasury. § 1225.9 Period of availability of withheld agencies’ preliminary review, the State ACTION: funds. may submit documentation showing Correction to final and temporary regulations. If a State meets the requirements of 23 why it is in compliance. States will have U.S.C. 163 and § 1225.4 of this part until September 30 to rebut the initial SUMMARY: This document contains within 4 years from the date that a determination or to come into corrections to final and temporary State’s apportionment is reduced under compliance with 23 U.S.C. and this part. regulations relating to the reduction of § 1225.8, the apportionment for such Documentation shall be submitted tax attributes under sections 108 and State shall be increased by an amount through NHTSA’s Regional 1017 of the Internal Revenue Code. equal to the reduction, as illustrated by Administrators, who will refer the These temporary regulations affect appendix A of this part. The restored requests to appropriate NHTSA and taxpayers that excluded discharge of apportionment will be available to a FHWA offices for review. under section 108. This document was State, as quickly as possible, upon a (c) Each fiscal year, each State published in the Federal Register on determination by NHTSA that the State July 18, 2003 (68 FR 42590). is in conformance and notification to determined not to be in compliance EFFECTIVE DATE: This correction is the FHWA. with 23 U.S.C. 163 and this part, based on NHTSA’s and FHWA’s final effective July 18, 2003. § 1225.10 Apportionment of withheld determination, will receive notice of the FOR FURTHER INFORMATION CONTACT: funds after compliance. funds being withheld under § 1225.8 Theresa M. Kolish (202) 622–7930 (not If a State has not met the requirements from apportionment, as part of the a toll-free number). of 23 U.S.C. 163 and § 1225.4 of this certification of apportionments required SUPPLEMENTARY INFORMATION: part by October 1, 2007, the funds under 23 U.S.C. 104(e), which normally Background withheld under § 1225.8 shall begin to occurs on October 1 of each fiscal year. lapse and will no longer be available for The proposed regulations that are the apportionment to the State, in subject of these corrections are under

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sections 108 and 1017 of the Internal ‘‘distribution of Y stock to X’s Regulatory Information Revenue Code. creditors,’’. We did not publish a notice of Need for Correction LaNita Van Dyke, proposed rulemaking (NPRM) for this Acting Chief, Regulations Unit, Associate regulation. Under 5 U.S.C. 553(b)(B), the As published, the final regulations Chief Counsel (Procedure and Coast Guard finds that good cause exists (TD 9080) contain errors that may prove Administration). for not publishing a NPRM. to be misleading and are in need of [FR Doc. 03–21469 Filed 8–21–03; 8:45 am] Additionally, under 5 U.S.C. 553(d)(3), clarification. BILLING CODE 4830–01–P the Coast Guard finds that good cause Correction of Publication exists for making this rule effective less than 30 days after publication in the ■ Accordingly, the publication of the Federal Register as the schedule and DEPARTMENT OF HOMELAND final regulations (TD 9080), which is the other logistical details were not known SECURITY subject of FR Doc. 03–18145, is corrected until a date fewer than 30 days prior to as follows: the start date of the military operation. Coast Guard Publishing a NPRM and delaying its § 1.108–7T [Corrected] effective date would be contrary to the 33 CFR Part 165 public interest since the safety and ■ 1. On page 42592, column 3, § 1.108– security of the people, ports, waterways, 7T, paragraph (a)(2), line 2, the language [COTP San Francisco Bay 03–021] and properties of the Port Chicago and ‘‘section 108(b)(5), however, to reduce’’ Suisun Bay areas would be jeopardized is corrected to read ‘‘section 108(b)(5), RIN 1625–AA00 without the protection afforded by this however, to apply any portion of the security zone. Any delay in excluded COD income to reduce’’. Security Zone; Suisun Bay, Concord, CA implementing this rule would be ■ 2. On page 42592, column 3, § 1.108– contrary to the public interest since 7T, paragraph (a)(2), lines 3 thru 7, the AGENCY: Coast Guard, DHS. immediate action is necessary to ensure language ‘‘first the basis of depreciable ACTION: Temporary final rule. the protection of all cargo vessels, their property to the extent of the excluded crews, the public and national security. COD income. If the basis of depreciable SUMMARY: The Coast Guard is property is insufficient to offset the establishing a temporary security zone Background and Purpose entire amount of the excluded COD, the’’ in the navigable waters of the United Since the September 11, 2001 terrorist is corrected to read ‘‘first the basis of States adjacent to the Military Ocean attacks on the World Trade Center in depreciable property to the extent the Terminal Concord (MOTCO), California New York, the Pentagon in Arlington, excluded COD income is not so applied, (formerly United States Naval Weapons Virginia and Flight 93, the Federal the’’. Center Concord, California). The Bureau of Investigation (FBI) has issued security zone is required to safely several warnings concerning the ■ 3. On page 42593, column 1, § 1.108– onload/offload military equipment. The potential for additional terrorist attacks 7T, paragraph (d)(ii), of Example 3, line required security zone is based on within the United States. In addition, 3, the language ‘‘trade debts of $200,000 recent terrorist actions against the the ongoing hostilities in Afghanistan and a depreciable’’, is corrected to read United States and for national security and the conflict in Iraq have made it ‘‘debts of $200,000 and a depreciable’’. reasons to protect the public and areas prudent for U.S. ports to be on a higher ■ 4. On page 42592, column 1, § 1.108– surrounding MOTCO from potential state of alert because Al-Qaeda and 7T, paragraph (d)(ii), of Example 3, line terrorist attacks. The security zone will other organizations have declared an 14, the language ‘‘trade debts of $200,000 prohibit all persons and vessels from ongoing intention to conduct armed and a depreciable’’, is corrected to read entering, transiting through or attacks on U.S. interests worldwide. ‘‘debts of $200,000 and a depreciable’’. anchoring within a portion of the Additionally, the threat of maritime Suisun Bay surrounding MOTCO unless attacks is real as evidenced by the ■ 5. On page 42593, column 1, § 1.108– authorized by the Captain of the Port October 2002 attack of a tank vessel off 7T, paragraph (d)(ii), of Example 3, line (COTP), or his designated the coast of Yemen and the continuing 19, the language ‘‘requirements of representative. threat to U.S. assets as described in the section 354(a)(1)(A) and (B).’’ is President’s finding in Executive Order corrected to read ‘‘requirements of DATES: This regulation is effective from 13273 of August 21, 2002 (67 FR 56215, section 354(b)(1) (A) and (B).’’. 9 a.m. PDT on August 20, 2003 to 11:59 p.m. PDT on August 25, 2003. September 3, 2002) that the security of ■ 6. On page 42593, column 1, § 1.108– the U.S. is endangered by the 7T, paragraph (ii), of Example 3, line 2, ADDRESSES: Documents indicated in this September, 11, 2001 attacks and that the language ‘‘to X’s trade creditors, preamble as being available in the such disturbances continue to endanger under section’’, is corrected to read ‘‘to docket are part of docket [COTP San the international relations of the United X’s creditors, under section’’. Francisco Bay 03–021] and are available States. See also Continuation of the for inspection or copying at Coast Guard National Emergency with Respect to ■ 7. On page 42593, column 1, § 1.108– Marine Safety Office San Francisco Bay, Certain Terrorist Attacks, (67 FR 58317, 7T, paragraph (ii), of Example 3, line 7, Coast Guard Island, Alameda, September 13, 2002); Continuation of the language ‘‘owed the trade creditors California, 94501, between 9 a.m. and 4 the National Emergency With Respect for $100,000, the fair’’ is corrected to p.m., Monday through Friday, except To Persons Who Commit, Threaten To read ‘‘owed the creditors for $100,000, Federal holidays. Commit, Or Support Terrorism, (67 FR the fair’’. FOR FURTHER INFORMATION CONTACT: 59447, September 20, 2002). ■ 8. On page 42593, column 2, § 1.108– Lieutenant Doug Ebbers, U.S. Coast Additionally, a Maritime Advisory was 7T, paragraph (ii), of Example 4, line 2, Guard Marine Safety Office San issued to: Operators of U.S. Flag and the language ‘‘distribution of Y stock to Francisco Bay, at (510) 437–3073. Effective U.S. controlled Vessels and X’s trade creditors,’’ is corrected to read SUPPLEMENTARY INFORMATION: other Maritime Interests, detailing the

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current threat of attack, MARAD 02–07 Vessels or persons violating this via the Port Chicago Reach section of (October 10, 2002). section will be subject to the penalties the channel. In its effort to thwart terrorist activity, set forth in 33 U.S.C. 1232 and 50 U.S.C. the Coast Guard has increased safety 192. Pursuant to 33 U.S.C. 1232, any Small Entities and security measures on U.S. ports and violation of the security zone described Under the Regulatory Flexibility Act waterways. As part of the Diplomatic herein, is punishable by civil penalties (5 U.S.C. 601–612), we have considered Security and Antiterrorism Act of 1986 (not to exceed $27,500 per violation, whether this rule would have a (Pub. L. 99–399), Congress amended where each day of a continuing significant economic impact on a section 7 of the Ports and Waterways violation is a separate violation), substantial number of small entities. Safety Act (PWSA), 33 U.S.C. 1226, to criminal penalties (imprisonment up to The term ‘‘small entities’’ comprises allow the Coast Guard to take actions, 6 years and a maximum fine of small businesses, not-for-profit including the establishment of security $250,000), and in rem liability against organizations that are independently and safety zones, to prevent or respond the offending vessel. Any person who owned and operated and are not to acts of terrorism against individuals, violates this section, using a dangerous dominant in their fields, and vessels, or public or commercial weapon, or who engages in conduct that governmental jurisdictions with structures. The Coast Guard also has causes bodily injury or fear of imminent populations of less than 50,000. authority to establish security zones bodily injury to any officer authorized pursuant to the Act of June 15, 1917, as to enforce this regulation, also faces The Coast Guard certifies under 5 amended by the Magnuson Act of imprisonment up to 12 years. Vessels or U.S.C. 605(b) that this rule will not have August 9, 1950 (50 U.S.C. 191 et seq.) persons violating this section are also a significant economic impact on a and implementing regulations subject to the penalties set forth in 50 substantial number of small entities promulgated by the President in U.S.C. 192: seizure and forfeiture of the because, although the security zone will subparts 6.01 and 6.04 of part 6 of title vessel to the United States, a maximum occupy a section of the navigable 33 of the Code of Federal Regulations. criminal fine of $10,000, and channel (Port Chicago Reach) adjacent In this particular rulemaking, to imprisonment up to 10 years, and a civil to the Marine Ocean Terminal Concord address the aforementioned security penalty of not more than $25,000 for (MOTCO), vessels may receive concerns, United States Army officials each day of a continuing violation. authorization to transit through the zone have requested that the Captain of the The Captain of the Port will enforce by the Captain of the Port or his Port, San Francisco Bay, California this zone and may enlist the aid and designated representative on a case-by- establish a temporary security zone in cooperation of any Federal, State, case basis. Additionally, vessels the navigable waters of the United county, municipal, and private agency engaged in recreational activities, States surrounding the Military Ocean to assist in the enforcement of the sightseeing and commercial fishing have Terminal Concord (MOTCO), California, regulation. This regulation is proposed ample space outside of the security zone to safeguard vessels, cargo and crew under the authority of 33 U.S.C. 1226 in to engage in these activities. Small engaged in military operations. This addition to the authority contained in entities and the maritime public will be temporary security zone is necessary to 50 U.S.C. 191 and 33 U.S.C. 1231. advised of this security zone via public safeguard the MOTCO terminal and the notice to mariners. surrounding property from sabotage or Regulatory Evaluation other subversive acts, accidents, This rule is not a ‘‘significant Assistance for Small Entities regulatory action’’ under section 3(f) of criminal actions, or other causes of Under section 213(a) of the Small Executive Order 12866, Regulatory similar nature. This zone is also Business Regulatory Enforcement Planning and Review, and does not necessary to protect military operations Fairness Act of 1996 (Pub. L. 104–121), require an assessment of potential costs from compromise and interference and we offer to assist small entities in and benefits under section 6(a)(3) of that to specifically protect the people, ports, understanding the rule so that they waterways, and properties of the Port Order. The Office of Management and could better evaluate its effects on them Chicago and Suisun Bay areas. Budget has not reviewed it under that and participate in the rulemaking Order. It is not ‘‘significant’’ under the Discussion of Rule process. If the rule will affect your small regulatory policies and procedures of business, organization, or government In this temporary rule, the Coast the Department of Homeland Security jurisdiction and you have questions Guard is establishing a fixed security (DHS). zone around Military Ocean Terminal Although this regulation restricts concerning its provisions or options for Concord (MOTCO), California, under 33 access to the zone, the effect of this compliance, please contact the person CFR 165.T11–093, encompassing the regulation will not be significant listed under FOR FURTHER INFORMATION navigable waters, extending from the because the zone will encompass only a CONTACT for assistance in understanding surface to the sea floor, bounded by a small portion of the waterway for a this rule. line connecting the following short duration. Vessels and persons may Small businesses may send comments coordinates: latitude 38°03′07″ N and be allowed to enter these zones on a on the actions of Federal employees longitude 122°03′00″ W; thence to case-by-case basis with permission of who enforce, or otherwise determine latitude 38°03′15″ N and longitude the Captain of the Port, or his compliance with, Federal regulations to 122°03′04″ W; thence to latitude designated representative. the Small Business and Agriculture 38°03′30″ N and longitude 122°02′35″ The size of the zone is the minimum Regulatory Enforcement Ombudsman W; thence to latitude 38°03′50″ N and necessary to provide adequate and the Regional Small Business longitude 122°01′15″ W; thence to protection for MOTCO, vessels engaged Regulatory Fairness Boards. The latitude 38°03′43″ N and longitude in operations at MOTCO, their crews, Ombudsman evaluates these actions 122°00′28″ W; thence to latitude other vessels operating in the vicinity, annually and rates each agency’s 38°03′41″ N and longitude 122°00′03″ their crews and passengers, adjoining responsiveness to small business. If you W; thence to latitude 38°03′18″ N and areas, and the public. The entities most wish to comment on actions by longitude 121°59′31″ W, and along the likely to be affected are commercial employees of the Coast Guard, call 1– shoreline back to the beginning point. vessels transiting to or from Suisun Bay 888–REG–FAIR (1–888–734–3247).

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Collection of Information responsibilities between the Federal § 165.T11–093 Security Zone; Navigable Government and Indian tribes. Waters of the United States Surrounding This rule calls for no new collection Military Ocean Terminal Concord (MOTCO), of information under the Paperwork Energy Effects Concord, California. Reduction Act of 1995 (44 U.S.C. 3501– 3520). We have analyzed this rule under (a) Location. The security zone, which Executive Order 13211, Actions will be marked by lighted buoys, will Federalism Concerning Regulations That encompass the navigable waters, A rule has implications for federalism Significantly Affect Energy Supply, extending from the surface to the sea under Executive Order 13132, Distribution, or Use. We have floor, surrounding the Military Ocean Federalism, if it has a substantial direct determined that it is not a ‘‘significant Terminal Concord, Concord, California, effect on State or local governments and energy action’’ under that order because bounded by a line connecting the would either preempt State law or it is not a ‘‘significant regulatory action’’ following coordinates: latitude impose a substantial direct cost of under Executive Order 12866 and is not 38°03′07″ N and longitude 122°03′00″ compliance on them. We have analyzed likely to have a significant adverse effect W; thence to latitude 38°03′15″ N and this rule under that Order and have on the supply, distribution, or use of longitude 122°03′04″ W; thence to determined that it does not have energy. The Administrator of the Office latitude 38°03′30″ N and longitude implications for federalism. of Information and Regulatory Affairs 122°02′35″ W; thence to latitude has designated it as a significant energy Unfunded Mandates Reform Act 38°03′50″ N and longitude 122°01′15″ action. Therefore, it does not require a W; thence to latitude 38°03′43″ N and The Unfunded Mandates Reform Act Statement of Energy Effects under longitude 122°00′28″ W; thence to of 1995 (2 U.S.C. 1531–1538) requires Executive Order 13211. latitude 38°03′41″ N and longitude Federal agencies to assess the effects of 122°00′03″ W; thence to latitude their discretionary regulatory actions. In Environment 38°03′18″ N and longitude 121°59′31″ particular, the Act addresses actions We have analyzed this rule under that may result in the expenditure by a W, and along the shoreline back to the Commandant Instruction M16475.lD, beginning point. State, local, or tribal government, in the which guides the Coast Guard in aggregate, or by the private sector of complying with the National (b) Regulations. (1) In accordance $100,000,000 or more in any one year. Environmental Policy Act of 1969 with the general regulations in § 165.33 Though this rule will not result in such (NEPA) (42 U.S.C. 4321–4370f), and of this part, entering, transiting through an expenditure, we do discuss the have concluded that there are no factors or anchoring in this zone is prohibited effects of this rule elsewhere in this in this case that would limit the use of unless authorized by the Coast Guard preamble. a categorical exclusion under section Captain of the Port, San Francisco Bay, Taking of Private Property 2.B.2 of the Instruction. Therefore, this or his designated representative. rule is categorically excluded, under This rule will not effect a taking of (2) Persons desiring to transit the area figure 2–1, paragraph (34)(g), of the private property or otherwise have of the security zone may contact the taking implications under Executive Instruction, from further environmental Patrol Commander on scene on VHF-FM Order 12630, Governmental Actions and documentation because we are channel 13 or 16 or the Captain of the Interference with Constitutionally establishing a security zone. Port at telephone number 415–399–3547 Protected Property Rights. A final ‘‘Environmental Analysis to seek permission to transit the area. If Check List’’ and a final ‘‘Categorical permission is granted, all persons and Civil Justice Reform Exclusion Determination’’ are available vessels must comply with the This rule meets applicable standards in the docket where located under instructions of the Captain of the Port or in sections 3(a) and 3(b)(2) of Executive ADDRESSES. his or her designated representative. Order 12988, Civil Justice Reform, to List of Subjects in 33 CFR Part 165 (c) Authority. In addition to 33 U.S.C. minimize litigation, eliminate 1231 and 50 U.S.C. 191, the authority ambiguity, and reduce burden. Harbors, Marine safety, Navigation for this section includes 33 U.S.C. 1226. Protection of Children (water), Reports and recordkeeping (d) Enforcement. The U.S. Coast requirements, Security measures, Guard may be assisted in the patrol and We have analyzed this rule under Waterways. Executive Order 13045, Protection of enforcement of the security zone by Children from Environmental Health ■ For the reasons discussed in the local law enforcement and the MOTCO Risks and Safety Risks. This rule is not preamble, the Coast Guard amends 33 police as necessary. an economically significant rule and CFR part 165 as follows: (e) Effective period. This section does not create an environmental risk to becomes effective at 9 a.m. PDT on health or risk to safety that may PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS August 20, 2003, and will terminate at disproportionately affect children. 11:59 p.m. PDT on August 25, 2003. Indian Tribal Governments ■ 1. The authority citation for part 165 is Dated: August 13, 2003. This rule does not have tribal revised to read as follows: Steven J. Boyle, implications under Executive Order Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Commander, Coast Guard, Acting Captain of 13175, Consultation and Coordination Chapter 701; 50 U.S.C. 191, 195; 33 CFR the Port, San Francisco Bay, California. with Indian Tribal Governments, 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. [FR Doc. 03–21486 Filed 8–21–03; 8:45 am] because it does not have a substantial 107–295, 116 Stat. 2064; Department of BILLING CODE 4910–15–U direct effect on one or more Indian Homeland Security Delegation No. 0170.1. tribes, on the relationship between the Federal Government and Indian tribes, ■ 2. Add § 165.T11–093 to read as or on the distribution of power and follows:

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ENVIRONMENTAL PROTECTION Borough Library (contact, Ann II. NPL Deletion Criteria AGENCY Reschenthaler), Municipal Building, 925 Section 300.425(e) of the NCP Old Clairton Road, Jefferson Borough, provides that releases may be deleted 40 CFR Part 300 Pennsylvania 15025 (412) 655–7741, from the NPL where no further response Monday through Thursday 11 a.m. to [FRL–7547–7] is appropriate. In making a 8:30 p.m.; and the Pennsylvania determination to delete a release from National Oil and Hazardous Department of Environmental the NPL, EPA shall consider, in Substances Pollution Contingency Protection, Pittsburgh Office, 400 consultation with the state, whether any Plan; National Priorities List Waterfront Drive, Pittsburgh, PA 15222 of the following criteria have been met: (412) 442–4197. i. Responsible parties or other persons AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: have implemented all appropriate Agency. Rashmi Mathur, Remedial Project response actions required; ACTION: Direct final deletion of the Resin Manager (3HS22), U.S. EPA Region III, ii. All appropriate Fund-financed Disposal Superfund Site from the 1650 Arch Street, Philadelphia, PA (Hazardous Substance Superfund National Priorities List. 19103, (215) 814–5234, Response Trust Fund) response under [email protected]. CERCLA has been implemented, and no SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: further response action by responsible Agency (EPA) Region III is publishing a parties is appropriate; or direct final notice of deletion of the Table of Contents iii. The remedial investigation has Resin Disposal Superfund Site (Site) I. Introduction shown that the release poses no located in the Borough of Jefferson, II. NPL Deletion Criteria significant threat to public health or the Allegheny County, Pennsylvania, from III. Deletion Procedures environment and, therefore, taking of the National Priorities List (NPL). IV. Basis for Site Deletion remedial measures is not appropriate. The NPL, promulgated pursuant to V. Deletion Action Even if a site is deleted from the NPL, section 105 of the Comprehensive I. Introduction where hazardous substances, pollutants, Environmental Response, or contaminants remain at a site, Compensation, and Liability Act EPA Region III is publishing this CERCLA section 121(c), 42 U.S.C. (CERCLA) of 1980, as amended, is direct final deletion of the Resin 9621(c) requires that a subsequent appendix B of 40 CFR part 300, which Disposal Superfund Site from the NPL. review of the site be conducted at least is the National Oil and Hazardous EPA identifies sites that appear to every five years after the initiation of the Substances Pollution Contingency Plan present a significant risk to public remedial action at the deleted site to (NCP). This direct final notice of health or the environment and ensure that the action remains deletion is being published by EPA with maintains the NPL as the list of those protective of public health and the the concurrence of the Commonwealth sites. As described in § 300.425(e)(3) of environment. If new information of Pennsylvania, through the the NCP, a site deleted from the NPL becomes available which indicates a Pennsylvania Department of remains eligible for remedial actions if need for further action, EPA may initiate Environmental Protection (PADEP), conditions at the site warrant such remedial actions. Whenever there is a because EPA has determined that all actions. significant release from a site deleted Because EPA considers this action to appropriate response actions under from the NPL, the site may be restored be noncontroversial and routine, EPA is CERCLA have been completed at the to the NPL without application of the taking it without prior publication of a Site and, therefore, further remedial hazard ranking system. notice of intent to delete. This action action at the Site pursuant to CERCLA will be effective October 21, 2003 unless III. Deletion Procedures is not appropriate. EPA receives adverse comments by The following procedures apply to DATES: This direct final deletion will be September 22, 2003 on this document. deletion of the Site: effective October 21, 2003, unless EPA If adverse comments are received within (1) EPA consulted with PADEP on the receives adverse comments by the 30-day public comment period on deletion of the Site from the NPL prior September 22, 2003. If adverse this document, EPA will publish a to developing this direct final notice of comments are received, EPA will timely withdrawal of this direct final deletion. publish a timely withdrawal of the deletion before the effective date of the (2) PADEP concurred with the direct final deletion in the Federal deletion and the deletion will not take deletion of the Site from the NPL. Register informing the public that the effect. EPA will, as appropriate, prepare (3) Concurrently with the publication deletion will not take effect. a response to comments and continue of this direct final deletion, a notice of ADDRESSES: Comments may be mailed with the deletion process on the basis of the availability of the parallel notice of to: Trish Taylor, Community the notice of intent to delete and the intent to delete published today in the Involvement Coordinator, (3HS43), U.S. comments already received. There will ‘‘Proposed Rules’’ section of the Federal EPA Region III, 1650 Arch Street, be no additional opportunity to Register is being published in a major Philadelphia, PA 19103, (215) 814– comment. local newspaper of general circulation at 5539, [email protected]. Section II of this document explains or near the Site and is being distributed Information Repositories: the criteria for deleting sites from the to the appropriate federal, state, and Comprehensive information about the NPL. Section III discusses procedures local government officials and other Site is available for viewing and copying that EPA is using for this action. Section interested parties; the newspaper notice at the Site Information Repositories at IV discusses the Resin Disposal announces the 30-day public comment the following locations: U.S. EPA Superfund Site and demonstrates how it period concerning the notice of intent to Region III, Regional Center for meets the deletion criteria. Section V delete the Site from the NPL. Environmental Information (RCEI), 1650 discusses EPA’s action to delete the Site (4) EPA placed copies of documents Arch Street, Philadelphia, PA 19103, from the NPL unless adverse comments supporting the deletion in the Site (215) 814–5364, Monday through Friday are received during the public comment information repositories identified 8 a.m. to 4:30 p.m.; the Jefferson period. above.

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(5) If adverse comments are received placed a poorly graded, native clay soil analysis of no action, containment, and within the 30-day public comment cover, ranging in thickness from four to treatment options to PADER and EPA in period on this notice to delete also ten feet, over the surface of the landfill. March 1991, and submitted the final FS published in today’s Federal Register, As a result, the direct precipitation and to PADER and EPA in May 1991. EPA will publish a timely withdrawal of run off from the surrounding hills this direct final deletion before its ponded at times on the landfill cover. Characterization of Risk effective date and will prepare a Some of the water infiltrated the cover, The primary contaminants of concern response to comments and continue recharging the waste material and affecting soil, debris, and ground water with the deletion process on the basis of adjacent ground water system. The at the Site are volatile organic the notice of intent to delete and the remainder of the water evaporated or compounds (VOCs) including benzene, ran off to an unnamed stream. Over time comments already received. toluene, and xylenes and other organics Deletion of a Site from the NPL does residual product oils decanted from the including napthalene, poly-aromatic not itself create, alter, or revoke any waste materials as free product. The free hydrocarbons (PAHs) and phenols. individual’s rights or obligations. product and infiltrated water migrated Federal Maximum Contaminant Levels Deletion of a site from the NPL does not southeast through the landfill dike into (MCLs) for drinking water established in any way alter EPA’s right to take downslope soils and also southwest into pursuant to the Safe Drinking Water enforcement actions, as appropriate. mine voids in the adjacent Pittsburgh Act, 42 U.S.C. Section 300f et seq., were The NPL is designed primarily for Coal Formation. informational purposes and to assist In 1972, Hercules, Incorporated exceeded for benzene, benzo (a) pyrene, EPA management. Section 300.425(e)(3) purchased the Site. Between 1980 and ethylbenzene, 2-methylnapthalene, 4- of the NCP states that the deletion of a 1984, Hercules conducted field methylphenol, naphthalene, tolulene, site from the NPL does not preclude investigations of the ground water and xylene. The exposure route which eligibility for future response actions, conditions in the coal formation, deep made the greatest contribution to the should future conditions warrant such bedrock, and the extent of contaminated trespasser scenario was the inhalation of actions. soils downslope of the landfill. Those Ethylbenzene and 4-methyl-2pentanone investigations revealed that there were (VOC) vapors. The VOCs, napthalene, IV. Basis for Site Deletion contaminants in ground water in the PAHs and phenols are ‘‘hazardous The following information provides Pittsburgh Coal Formation and in substances’’ as defined in section EPA’s rationale for deleting the Site downslope soils and perched ground 101(14) of CERCLA. from the NPL: water. In 1983, as a result of those After reviewing the results of the investigations, Hercules installed a A. Site Location original RI/FS, EPA categorized the Site leachate collection trench below the into two operable units. Operable Unit The Site is located about one half mile lower landfill dike to collect leachate One (OU–1) addresses remediation of west of the town of West Elizabeth in and ground water. The trench is still the landfill, the adjacent contaminated Jefferson Borough, Allegheny County, operating. Liquids collected in the soils, non-aqueous floating product Pennsylvania and comprises trench are directed to an oil/water present in the subsurface mine voids of approximately 26 acres. The Site separator. The oil is collected and is the Pittsburgh Coal Formation, and contains a 2-acre landfill which is burned at the Hercules Jefferson Plant monitoring of onsite ground water. located in the head of a narrow valley boiler. The water is discharged to the Operable Unit Two (OU–2) addresses on the site of a former coal mine. The Jefferson Borough Sanitary Sewer offsite ground water, seeps and Site overlies a bedrock aquifer, and is System and, then, to the West Elizabeth residential wells. also in contact with the Pittsburgh Coal sewage treatment plant. formation, a source of non-potable EPA completed a Superfund Site Record of Decision Findings for OU–1 ground water. Investigation in April 1982. The Site received a Hazard Ranking System score A June 28, 1991 Record of Decision B. Site History of 37.69 in December 1982, was (ROD) documented the selected Between 1950 to 1964, the proposed for the National Priorities List remedial action for OU–1 which Pennsylvania Industrial Chemical (NPL) in December 1982 and was placed included: installation of a multi-layer Corporation (PICCO) deposited on the NPL in September 1983. cap; reinforcement and upgrading of the approximately 85,000 tons of process lower landfill dike to increase its wastes consisting of petroleum and coal Remedial Investigation and Feasibility stability; installation of an upgraded oil/ derived chemicals mixed with clay in Study water separator downslope of the the onsite landfill. Prior to 1950, the In November 1987, Hercules entered leachate collection system, with area on which the landfill came to be into a Consent Order and Agreement discharge of aqueous phases to a located had been used for coal strip and with the Pennsylvania Department of publicly owned treatment works; deep mining operations. At the location Environmental Resources (PADER), the relocation of a sanitary sewer; of the landfill, PICCO deposited name of which was subsequently implementation of institutional controls approximately 20 feet of waste in place changed to PADEP, to conduct a which include deed restrictions to alert of the mined coal. Remedial Investigation (RI)/Feasibility prospective buyers to the presence of PICCO deposited the waste into the Study (FS) (collectively, RI/FS) in order hazardous substances onsite and to landfill as a slurry which collected to characterize the Site for potential prohibit future development; behind an earthen dike constructed remediation. In March 1988, Hercules construction of a fence around the across the upper end of the strip-mined began work under an EPA-approved RI, perimeter of the Site property to prevent valley. Precipitation runoff from the which included conducting an unauthorized access; offsite reclamation surrounding hillsides along with any extensive study of the extent of of non-aqueous phase liquids (NAPLS) free water from the waste materials contamination of the soils, ground through skimmer wells for use as an collected within the active landfill water, and surface water associated with energy source; and implementation of a behind the dike. After PICCO stopped the landfill. Hercules submitted a final Site maintenance and long-term ground depositing waste in the landfill, it RI Report which provided a detailed water monitoring program.

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Response Actions for OU–1 surface water sampling from 1991 to Disposal Site. Those institutional In February 1992, Hercules signed a 1998 showed levels of contaminants of controls were recorded at the Allegheny Consent Decree with EPA to perform the concern at or well below Maximum County Courthouse, Recorder of Deeds Remedial Design (RD)/Remedial Action Contaminant Levels for the ‘‘Drinking Office, in Jefferson Borough, (RA) (collectively RD/RA) at this Site. Water Regulations and Health Pennsylvania. These controls include EPA approved the final RD Work Plan Advisories’’ in the unnamed stream. alerting prospective buyers to the on December 4, 1992; the Final Oil/ EPA determined that the decrease in presence of hazardous substances onsite Water Separator Design on December levels of contaminants of concern in the and recite Herules’ obligation under the 21, 1994 and the Final Design for the stream were a result of the following Consent Decree to limit future landfill cap and the fence on September remedial actions: buttressing of the development. EPA has determined that 29, 1995. landfill, construction of a multi-layer all requirements of the RODs for OU–1 As part of the RA, Hercules performed cover system over the landfill area, and OU–2 have been achieved at the the following activities, among others: upgrading of an oil/water separator and Site and the remedies selected in those replaced the oil/water separator; routine product recovery from a RODs are protective of human health reinforced the lower landfill dike with network of down gradient product and the environment. EPA plans to approximately 5,000 tons of clean soil, recovery wells. complete the next five-year review prior to September 19, 2005. and then regraded and hydroseeded; C. Future Activity placed a multi-layer cap on the onsite D. Community Involvement landfill; installed infiltration controls Operation and Maintenance around the perimeter of the landfill; Hercules is required to perform the Public participation activities have placed a six inch layer of topsoil on top following Operation and Maintenance been satisfied as required in CERCLA of the cap; and hydroseeded the landfill; (O&M) activities with EPA oversight: section 113(k), 42 U.S.C. 9613(k), and erected fences around the perimeter of periodic inspections of the landfill CERCLA section 117, 42 U.S.C. 9617. the Site and also around the onsite cover system and the fence, ground Documents in the deletion docket which landfill; and installed and currently water monitoring, light non-aqueous EPA relied on for recommendation of operates a well skimmer system down phase liquids (LNAPLS) recovery the deletion from the NPL are available gradient of the landfill to collect floating through the skimmer wells, to the public in the information product in ground water that may maintenance of the oil/water separator repositories. otherwise migrate offsite via the mine and any other activities necessary to V. Deletion Action voids and monitored ground water ensure continued protection of public quarterly for three years and health and the environment. Until the The EPA, with the concurrence of the semiannually until the Five-Year next five-year review or until EPA Commonwealth of Pennsylvania, has Review. Hercules completed the RA determines that further monitoring determined that all appropriate activities in October 1996. efforts are unnecessary, Hercules is responses under CERCLA have been required to continue semi-annual completed, and that no further response Record of Decision Findings for OU–2 ground water monitoring in selected actions, under CERCLA, other than In September 1995, EPA issued a No monitoring wells; quarterly monitoring O&M and five-year reviews, are Further Action ROD for OU–2 which for TW–13 and quarterly LNAPL necessary. Therefore, EPA is deleting required long-term onsite and offsite recovery. The LNAPL recovery, in the Site from the NPL. monitoring of the ground water. conjunction with long-term ground Because EPA considers this action to Hercules is monitoring the onsite water monitoring, will continue to be noncontroversial and routine, EPA is ground water pursuant to the RA ensure the effectiveness of the taking it without prior publication of a selected in the ROD for OU1. Under completed remedy at the Resin Disposal notice of intent to delete. This action OU–2, Hercules monitored offsite Site. will be effective October 21, 2003 unless ground water quarterly for three years EPA receives adverse comments by and then semiannually until the five- Five-Year Review September 22, 2003 on this document. year review was completed. The Five- CERCLA requires a five-year review of If adverse comments are received within Year Review recommendations included all sites at which hazardous substances, the 30-day public comment period on quarterly monitoring for TW–13 until pollutants or contaminants remain at this document to delete, EPA will the second Five-Year Review or until the Site. Since residual organic solvents, publish a timely withdrawal of this EPA determines that further monitoring resin cakes and oils from a resin direct final deletion before the effective is unnecessary. manufacturing process and ground date of the deletion and the deletion Under the OU–2 ROD, offsite water contamination remain at the Site, will not take effect. EPA will prepare a monitoring includes sampling of the the five-year review process will be response to comments and continue offsite monitoring wells, as well as used to ensure that the selected remedy with the deletion process on the basis of monitoring the seeps, sampling of an continues to be protective of human the notice of intent to delete and the unnamed tributary and sampling of health and the environment. EPA comments already received. There will residential wells near the Site. EPA completed the first five-year review of be no additional opportunity to discontinued the requirement that the Resin Disposal Site on September comment. Hercules monitor residential wells after 19, 2000. In that five-year review, EPA List of Subjects in 40 CFR Part 300 it determined that, based on ground determined that the remedy was not water monitoring during the RI and the completely protective of human health Environmental protection, Air 1999 ground water monitoring events, and the environment because pollution control, Chemicals, Hazardous residential water users are not affected institutional controls on future land use substances, Hazardous waste, by Site related contaminants. EPA also at the Site had not yet been Intergovernmental relations, Penalties, discontinued the requirement that implemented. In July 2002, EPA Reporting and recordkeeping Hercules conduct bi-monthly surface implemented institutional controls to requirements, Superfund, Water water sampling because repeated limit future land use at the Resin pollution control, Water supply.

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Dated: August 4, 2003. SUPPLEMENTARY INFORMATION: Copies: To based on the provider’s accounting year. Donald S. Welsh, order copies of the Federal Register Additionally, under § 412.52, all Regional Administrator, Region III. containing this document, send your hospitals participating in the ■ For the reasons set out in this request to: New Orders, Superintendent prospective payment system must meet document, 40 CFR part 300 is amended of Documents, PO Box 371954, cost reporting requirements set forth at as follows: Pittsburgh, PA 15250–7954. Specify the § 413.20 and § 413.24. date of the issue requested and enclose Section 1886(f)(l)(B)(i) of the Act PART 300—[AMENDED] a check or money order payable to the requires the Secretary to establish a Superintendent of Documents, or standardized electronic cost reporting ■ 1. The authority citation for part 300 enclose your Visa or Master Card system for all hospitals participating in continues to read as follows: number and expiration date. Credit card the Medicare program. This provision Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. orders can also be placed by calling the was effective for hospital cost reporting 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, order desk at (202) 512–1800 or by periods beginning on or after October 1, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, faxing to (202) 512–2250. The cost for 1989. On January 2, 1997, we revised 3 CFR, 1987 Comp., p. 193. each copy is $10. As an alternative, you our regulations at § 413.24(f)(4)(ii) to Appendix B—[Amended] can view and photocopy the Federal extend the electronic cost reporting Register document at most libraries requirement to skilled nursing facilities ■ 2. Table 1 of Appendix B to Part 300 designated as Federal Depository (SNFs) and home health agencies is amended by removing the site for Libraries and at many other public and (HHAs) (62 FR 26–31). ‘‘Resin Disposal, Jefferson Borough, PA.’’ academic libraries throughout the The required cost reports must be [FR Doc. 03–21596 Filed 8–21–03; 8:45 am] country that receive the Federal electronically transmitted to the intermediary in American Standard BILLING CODE 6560–50–P Register. This Federal Register document is also available from the Code for Information Interchange Federal Register online database (ASCII) format. In addition to the electronic file, hospitals, SNFs, and DEPARTMENT OF HEALTH AND through GPO access, a service of the U.S. Government Printing Office. The HHAs were initially required to submit HUMAN SERVICES website address is: http:// a hard copy of the full cost report. We Centers for Medicare & Medicaid www.access.gpo.gov/nara/index.html. later revised our regulations in Services § 413.24(f)(4)(iv) to state that providers I. Background were required to submit, instead, a hard Generally, under the Medicare 42 CFR Part 413 copy of a one-page settlement summary, program, hospices, organ procurement a statement of certain worksheet totals [CMS–1199–F] organizations (OPOs), rural health found in the electronic file, and a RIN 0938–AL51 clinics (RHCs), Federally qualified statement signed by the provider’s health centers (FQHCs), community administrator or chief financial officer Medicare Program; Electronic mental health centers (CMHCs), and certifying the accuracy of the electronic Submission of Cost Reports end-stage renal disease (ESRD) facilities file. In order to preserve the integrity of are paid for the reasonable costs of the the electronic file, in the January 1997 AGENCY: Centers for Medicare & covered items and services they furnish final rule we specified procedures Medicaid Services (CMS), HHS. to Medicare beneficiaries. Sections regarding the processing of the ACTION: Final rule. 1815(a) and 1833(e) of the Social electronic cost report once it is Security Act (the Act) provided that no submitted to the intermediary (62 FR SUMMARY: This final rule amends payments will be made to a provider 27). regulation by requiring that, for cost unless it has furnished the information, reporting periods ending on or after requested by the Secretary of the II. Provisions of the Proposed December 31, 2004, all hospices, organ Department of Health and Human Regulations procurement organizations, rural health Services (the Secretary), needed to With the exception of revising the clinics, Federally qualified health determine the amount of payments due first cost reporting period affected from centers, community mental health the provider. In general, providers those ending on or after December 31, centers, and end-stage renal disease submit this information through cost 2002 to those ending on or after facilities must submit cost reports reports that cover a 12-month period. December 31, 2004, we have adopted currently required under the Medicare Rules governing the submission of cost the provisions as set forth in our regulations in a standardized electronic reports are set forth in title 42 of the proposed rule, published in the Federal format. This rule also allows a delay or Code of Federal Regulations (CFR) Register on July 26, 2002 (67 FR 48840– waiver of this requirement when 413.20 and 413. 24. 48844). We revised the cost reporting implementation would result in Under § 413.20(a), all providers periods affected to take into account the financial hardship for a provider. The participating in the Medicare program publication date for this final rule. We provisions of this rule allow for more are required to maintain sufficient discuss the finalized provisions in accurate preparation and more efficient financial records and statistical data for section IV of this final rule. processing of cost reports. proper determination of costs payable DATES: Effective Date: The provisions of under the program. In addition, III. Analysis of and Responses to Public this final rule are effective September providers must use standardized Comments 22, 2003. definitions and follow accounting, We received approximately 20 Applicability Date: The provisions of statistical, and reporting practices that comments on the proposed electronic this final rule are effective for cost are widely accepted in the health care submission of cost reports requirements. reporting periods ending on or after industry and related fields. Under These comments were from providers, December 31, 2004. § 413.20(b) and § 413.24(f), providers are professional organizations, trade FOR FURTHER INFORMATION CONTACT: required to submit cost reports associations, vendors and individuals. Larry Stevenson, (410) 786–5529. annually, with the reporting period Summaries of the public comments

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received and our responses to those requests the free software and can clearly state that a full cost report need comments are set forth below. demonstrate to the FI that it would be not be filed by a low utilization or no Comment: Several commenters a financial hardship to purchase the Medicare utilization provider, we requested that we add language to the software from a vendor, we will provide believe that an exception, such as the regulation that would prohibit fiscal the software so that the provider can one requested by the commenter, is not intermediaries (FIs) from requesting comply with the provisions of this rule. necessary for this final rule. paper copies of the Medicare cost The quality of the software will be Comment: We received a comment report, in addition to the electronic cost sufficient to allow the provider to that we should clarify the minimum report. comply with all provisions of this rule requirements of what constitutes a Response: According to our CMS in a timely and efficient manner. financial hardship for the purposes of manual provisions (Provider With regard to the comment qualifying for the waiver and/or free Reimbursement Manual 15–2, chapter 1, concerning the projected date that the software. sections 131 and 132), the electronic free software will be available, we Response: Given the wide spectrum of cost report file is considered the official expect that it should be available by the providers affected, we believe it is cost report by the FI and, as a result, September 30, 2004. best to determine financial hardship on must be accepted by the FI. Since March The comment that the CMS-provided a case-by-case basis. Some examples of 31, 1993, hospitals have not been software would not allow providers to financial hardship include cash flow required to submit a paper copy of the determine final settlement and, as a problems, previous year’s net operating cost report to the FI . Similarly, since result, that providers would still have to loss, and a required repayment of the March 31, 2000, SNFs and HHAs have complete the cost report manually, is past year’s overpayment. These are not been required to submit a paper correct. The software allows the some examples of financial hardship but copy of the cost report to the FI. We provider to create an electronic cost should not be seen as all-encompassing. have, however, provided a two-year report file only for use by the FI and a The flexibility to make these phase-in period for the providers that final settlement amount is not necessary determinations is necessary as the are subject to this regulation. During in this instance. Providers who use free providers differ greatly in terms of size, this two-year phase-in period, the paper software are always required to location, expenses, and services copy of the cost report will be manually complete the cost report and provided. The FI will need to have this considered the official copy. After the to manually determine the final flexibility in order to make a fair and expiration of the two-year period, settlement. reasonable determination for each though, a paper copy of the cost report Comment: We received a comment provider. will not be required to be submitted to that the final regulation should also Comment: We received several the FI. We believe this phase-in period require that Comprehensive Outpatient comments concerning the one-time pass is necessary, so that providers are Rehabilitation Facilities (CORFs) and through of costs (direct reimbursement familiar with the requirements of Outpatient Physical Therapy providers on a dollar-for-dollar basis) for RHCs electronic cost reporting. (OPTs) file cost reports electronically. and FQHCs rather than reimbursing Comment: We received several Response: We are not requiring those providers based on the comments concerning our proposal to CORFs and OPTs to file electronically determination of the total allowable distribute free electronic cost reporting because CORFs are paid on a fee costs of the RHCs and FQHCs. software to providers who can schedule for services furnished on or Response: We are unable to reimburse demonstrate that it would be a financial after April 1, 2001 and OPTs will be RHCs and FQHCs in a way other than hardship to purchase software from paid on a fee schedule for services direct reimbursement because to do so vendors. One comment, from a software furnished on or after July 1, 2003. For would require a statutory change in the vendor, requested that we add language those providers with cost reporting method of reimbursement for the RHCs that would preclude the distribution of periods beginning on or after the and FQHCs. free software because it would be aforementioned dates, cost reports will Comment: We received a comment ‘‘unfair’’ to small vendors and the no longer be required. We believe that reflecting concern that the cost of dial software would be poor quality. Another it would be administratively up Internet service required to file commenter asked that we specify a date burdensome as well as not economically electronically would be a burden for that the free software would be available feasible to require these providers to rural providers. to providers. Also, we received a meet the electronic filing requirements Response: There is no requirement to comment that the CMS-provided for such a short period of time. use the Internet to electronically file a software would not allow providers to Comment: We received a comment cost report. The medium for transfer of determine final settlement and that that the final rule should include an cost reports submitted electronically to providers would still have to complete exemption from the electronic filing FIs is a 31⁄2″ diskette. the cost report manually. requirement for no or low utilization Comment: We received two comments Response: With regard to the providers because it appears that these expressing concern about the phase-in comment concerning adding language to providers are exempt from such filing period. One concern was that the two- the regulation that would preclude the requirements in § 413.24(h). year phase-in period was too long. distribution of free software, free Response: Section 413.24(h) does not Another concern was that the two-year software is made available to the address the electronic filing requirement period should be extended to three providers based upon financial need but it does provide that an FI may waive years. only. The provider must demonstrate to the requirement that a provider submit Response: We believe that the two- the FI that the provider is financially a full cost report if it qualifies as low year phase-in period is necessary to unable to purchase commercial utilization or no cost Medicare provider. allow providers to become familiar with software. It has been our experience, Thus, based upon a waiver by the FI, the requirements of electronic filing and with the hospitals, SNFs, and HHAs under § 413.24(h), a low utilization or that a shorter phase-in period would be currently required to file electronically, no Medicare utilization provider would insufficient to accomplish this. that relatively few providers request the not be required to file an electronic cost Similarly, prior experience with the free software. If, however, the provider report. Because our current regulations hospital cost report, the SNF cost report,

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and the HHA cost report indicate that encounter with the electronic filing requirements in a timely and accurate the two-year phase-in period provides requirement that would cause rejection manner. ample time for the providers to adjust to in the future. It should be noted, as well, IV. Provisions of the Final Rule the electronic methods for filing the cost that there already exists a 30-day period report, and a longer period is not during which providers can correct In this final rule, we are applying the necessary. errors and resubmit electronic cost current hospital, SNF, and HHA Comment: We received a comment reports to the FI (See Provider electronic cost reporting requirements to that we should delay the Reimbursement Manual 15–II, Chapter hospices, OPOs, RHCs, FQHCs, CMHCs, implementation of the electronic filing 1, section 140). and ESRD facilities with the exception requirement for FQHCs from December Comment: We received a comment that, for the first 2 years, the hard copy 31, 2002 until June 30, 2003 to allow that all current cost reports should be of the cost report must be submitted those providers more time for settled by the FIs before the with the electronic cost report. Over that implementation. implementation of the electronic filing 2-year period (until May 31, 2007) the Response: We are revising the requirement. hard copy will continue to be the implementation date to December 31, Response: The settlement of cost official copy. We believe that the use of 2004 to allow all providers more time to reports is not governed by this final rule electronically prepared cost reports will implement the rule. and any changes regarding the be beneficial for hospices, OPOs, RHCs, Comment: We received a comment settlement of cost reports are beyond the FQHCs, CMHCs, and ESRD facilities that recommended that we have a pilot scope of this rule which is concerned because the cost reporting software for testing period before implementing the solely with electronic filing these reports will virtually eliminate electronic filing requirement. requirements. computational errors and substantially Response: Electronic filing of cost Comment: We received a comment reduce preparation time. Moreover, the reports has been required since March that we should provide electronic use of cost reporting software will save 31, 1993 for hospitals and for SNFs and Provider Statistical Reimbursement & time whenever the provider needs to HHAs since March 31, 2000 and, based Report data (PS&R)—reimbursement change individual entries in a cost on our experiences with hospitals, and statistical data that we prepare—to report. SNFs, and HHAs, we believe that the providers. This rule provides that a hospice, electronic filing requirements will be Response: Although this comment organ procurement organization, RHC, implemented by hospices, OPOs, RHCs, does not fall within the scope of this FQHC, CMHC, or ESRD facilities may FQHCs, CMHCs, and ESRD facilities, as rule, we believe that it may be helpful submit a written request for a waiver or efficiently as has been the case with the to address this process issue. We note, a delay of these requirements if it other providers mentioned. Moreover, therefore, that this information is used believes that implementation of the the two-year phase-in period, which by the FI for the settlement of cost electronic submission requirement will end May 31, 2007, will allow reports. The detailed PS&R, however, is would cause a financial hardship. sufficient time for the providers subject available from the FI upon written Consistent with the existing regulations to this regulation to adapt to the request from the provider if there are (see § 413.24(h)), we are continuing to electronic filing requirement. The hard any discrepancies between the allow providers with low or no copy of the cost report is the official provider’s data and the PS&R summary Medicare utilization to request a waiver copy during the two-year transition report. The FI is required to send the of full or simplified cost reporting. period. For this two-year phase-in summary PS&R report to the provider 30 period, no cost report will be rejected days before the due date of the cost V. Collection of Information but the FIs will make the provider aware report. Requirements of the edits that the provider did not Comment: A commenter requested Under the Paperwork Reduction Act pass. This flexibility will allow the that we not extend the ‘‘complex’’ and of 1995 (PRA 1995), we are required to provider to correct any problems that ‘‘punitive’’ criteria for acceptable cost provide 30 days notice in the Federal the provider has encountered with reports currently imposed on hospitals, Register and solicit public comment electronic filing before the phase-in SNFS, and HHAs to the other providers before a collection of information period ends. affected by this final rule. requirement is submitted to the Office of Comment: We received a comment Response: We do not believe that Management and Budget (OMB) for that a correction period of 60 days be acceptability criteria for electronic cost review and approval. However, the allowed for providers to resubmit report filings are complex and they requirements referenced and discussed electronic cost reports that are rejected certainly are not intended to be below are currently approved by OMB. by the FI. punitive. We developed these criteria Response: While it is the both to help the provider and to ensure Section 413.24 Adequate Cost Data responsibility of the provider to submit that the provider is aware of what is and Cost Finding an acceptable cost report to the FI by the required to file an acceptable cost Currently, § 413.24 requires hospitals, required due date of the cost report, we report. We believe these criteria, which SNFs, and HHAs to submit electronic have established a two-year phase-in we attempt to keep at a minimum, will cost reports. However, as proposed in period where the hardcopy of the cost help ensure accuracy and save time to the regulation, hospices, OPOs, RHCs, report will be the official cost report and both the provider and the FI. Generally FQHCs, CMHCs, or ESRD facilities will will not be rejected by the FI—a concern included in the criteria, for example, are no longer have the option of submitting of the commenter. The two-year phase- the level one electronic edits that all either a hard copy or electronic cost in period has been established to allow cost reports must pass in order for the report. In addition to the electronic cost the provider sufficient time to cost report to be acceptable. By clearly report, these providers will also familiarize itself with the electronic enumerating these level one edits in our continue to be required to submit to the filing requirements. Also, during this criteria—the criteria most critical in the appropriate FI, hard copies of a two-year phase-in period, the FI will filing of an acceptable electronic cost settlement summary, statement of inform the provider concerning any report—we believe providers will have certain worksheet totals, and the problems that the provider may every opportunity to meet the Federally prescribed statement signed

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by its administrator or chief financial approaches that maximize net benefits a Metropolitan Statistical Area and has officer certifying the accuracy of the (including potential economic, fewer than 100 beds. electronic file or the manually prepared environmental, public health and safety We are not preparing analyses for cost report. We believe that these effects, distributive impacts, and either the RFA or section 1102(b) of the electronic filing requirements will equity). A regulatory impact analysis Act because we have determined, and initially increase the burden by (RIA) must be prepared for major rules we certify, that this rule will not have approximately 40 hours and cost with economically significant effects a significant economic impact on a approximately $5000 for each cost ($100 million or more annually). This substantial number of small entities or reporting period. We expect that this rule will not have a significant a significant impact on the operations of burden will decrease as the providers economic impact on hospices, OPOs, a substantial number of small rural become familiar and proficient in RHCs, FQHCs, CMHCs, and ESRD hospitals. electronic filing. facilities, and, therefore, is not a major As stated above, under § 413.20(b) However, as currently approved, these rule. There are no requirements for and § 413.24(f), providers are required providers may request a delay or waiver hospices, OPOs, RHCs, FQHCs, CMHCs, to submit cost reports annually, with of the electronic submission and ESRD facilities to initiate new reporting periods based on the requirement in paragraph (f)(4)(ii) of processes of care, and reporting; to provider’s accounting year. This final this section if this requirement would increase the amount of time spent on rule requires hospices, OPOs, RHCs, cause a financial hardship. providing or documenting patient care FQHCs, CMHCs, and ESRD facilities, As noted above, while all the above services; or to purchase computer like hospitals, SNFs and HHAs, to reporting requirements are subject to the software. submit their Medicare cost reports in a PRA, they are currently approved under The RFA requires agencies to analyze standardized electronic format. This requirement will take effect for cost OMB approval numbers 0938–0050, options for regulatory relief of small ‘‘Hospital/Healthcare Complex Cost reporting periods ending on or after entities. For purposes of the RFA, small Report,’’ with a current expiration date December 31, 2004, meaning that the entities include small businesses, of November 30, 2005, 0938–0463; first electronic cost reports will be due nonprofit organizations, and small ‘‘Skilled Nursing Facility Cost Report,’’ May 31, 2005. governmental jurisdictions. Most with a current expiration date of May Currently, approximately 55 percent hospitals and most other providers and 31, 2004; 0938–0022, ‘‘Home Health of all hospices, OPOs, RHCs, FQHCs, suppliers are small entities, either by Agency Cost Report,’’ with a current CMHCs, and ESRD facilities submit a nonprofit status or by having annual expiration date of May 31, 2004; 0938– hard copy of an electronically prepared receipts of $6 million to $29 million or 0758, ‘‘Hospice Cost Report,’’ with a cost report to the intermediary. We less annually (see 65 FR 69432). For current expiration date of March 31, believe that the provisions of this final 2005; 0938–0102, ‘‘Organ Procurement purposes of the RFA, all providers and rule will have little or no effect on these Agency/Laboratory Statement of small businesses that distribute cost- providers, except to reduce the time Reimbursable Costs,’’ with a current report software to providers are involved in copying and collating a hard expiration date of October 31, 2003, considered small entities. We do not copy of the report for intermediaries. which is currently at OMB awaiting re- believe that this rule will have a Under this rule, instead of submitting a approval; 0938–0107, ‘‘Independent significant impact on these providers as complete hard copy of the report, Rural Health Clinic/Freestanding no or low utilization providers already providers will be required to submit Federally Qualified Health Center Cost have the ability to file for a waiver of the only hard copies of a settlement Report,’’ with a current expiration date electronic filing requirement. In summary, statement of certain of October 31, 2005; 0938–0236, demonstrated cases of financial worksheet totals, and a statement signed ‘‘Medicare Independent Renal Dialysis hardship, however, we will provide free by the administrator or chief financial Facility Cost Report,’’ with a current software. With computers so common in officer certifying the accuracy of the expiration date of August 31, 2004; and the work place today it is hard to electronic file or the manually prepared 0938–0657, ‘‘End Stage Renal Disease imagine that a provider does not already cost report. In addition to the 55 percent Network Cost Report,’’ with a current access to a computer and, in the rare of providers that currently use expiration date of December 31, 2003, instance when a provider would have to electronic cost reporting, this rule will which is currently in the re-approval purchase a computer, we believe the not affect those providers that do not process. cost would be neglible. In addition, the file a full cost report and, as stated providers have a period of almost two above, would not be required to submit VI. Regulatory Impact Statement years to familiarize themselves with the cost reports electronically. We have examined the impacts of this electronic filing requirements, since the This rule may have an impact on final rule as required by Executive first cost reports will not be due until those providers who do not prepare Order 12866 (September 1993, May 31, 2005. Our intermediaries are electronic cost reports, some of whom Regulatory Planning and Review), the not considered small entities for the may have to purchase computer Regulatory Flexibility Act (RFA) purposes of the RFA. Individuals and equipment, obtain the necessary (September 16, 1980 Pub. L. 96–354), States are not included in the definition software, and train staff to use the section 1102(b) of the Social Security of small entities. software. However, as discussed below, Act, the Unfunded Mandates Reform In addition, section 1102(b) of the Act we believe that the potential impact of Act of 1955 (Pub. L. 104–4), and requires us to prepare a regulatory this final rule on those providers who Executive Order 13132. impact analysis if a rule may have a do not prepare electronic cost reports Executive Order 12866 (as amended significant impact on the operations of will be insignificant. by Executive Order 13258, which a substantial number of small rural First, a small number of the 45 merely reassigns responsibility of hospitals. This analysis must conform to percent of providers that do not submit duties) directs agencies to assess all the provisions of section 604 of the electronic cost reports may have to costs and benefits of available regulatory RFA. For purposes of section 1102(b) of purchase computer equipment to alternatives and, when regulation is the Act, we define a small rural hospital comply with the provisions of this rule. necessary, to select regulatory as a hospital that is located outside of These providers are generally owned

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and operated by one or two individuals in any one year by State, local, or tribal (ii) Effective for cost reporting periods and are often located in rural areas. governments, in the aggregate, or by the beginning on or after October 1, 1989 for They include approximately 1,500 RHCs private sector, that exceeds the hospitals, cost reporting periods ending and 1,500 FQHCs. We estimate that inflation-adjusted threshold of $110 on or after December 31, 1996 for skilled 1,350 of the 3000 RHCs and FQHCs may million. This rule does not impose any nursing facilities and home health not have the necessary computer costs that would exceed the $110 agencies, and cost reporting periods equipment. We believe, however, that million threshold on the governments ending on or after December 31, 2004 most providers already have access to mentioned, or the private sector. for hospices, organ procurement computer equipment, which they are Executive Order 13132 establishes organizations, rural health clinics, now using for internal record keeping certain requirements that an agency Federally qualified health centers, purposes, as well as for submitting must meet when it promulgates a community mental health centers, and electronically generated bills to their proposed rule (and subsequent final end-stage renal disease facilities, a fiscal intermediaries, for example. Thus, rule) that imposes substantial direct provider is required to submit cost we do not believe that obtaining compliance costs on State and local reports in a standardized electronic computer equipment will be a major governments, preempts State law, or format. The provider’s electronic obstacle to electronic cost reporting for otherwise has Federalism implications. program must be capable of producing most providers. For those providers that We have examined this final rule and the CMS standardized output file in a may have to purchase computer have determined that this rule will not form that can be read by the fiscal equipment, we note that, in accordance have an impact on the rights, roles, and intermediary’s automated system. This with current regulations governing responsibilities of State, local, or tribal electronic file, which must contain the payment of provider costs, we will pay governments. input data required to complete the cost for the cost of the equipment as an In accordance with the provisions of report and to pass specified edits, must overhead cost. Rural health clinics and Executive Order 12866, this final rule be forwarded to the fiscal intermediary FQHCs will be reimbursed subject to a was reviewed by the Office of for processing through its system. payment limit; OPOs reimbursed based Management and Budget. (iii) The fiscal intermediary stores the on costs; hospices reimbursed according provider’s as-filed electronic cost report to fee schedule; ESRDs paid a composite List of Subjects in 42 CFR Part 413 and may not alter that file for any rate, and CMHCs will be reimbursed Health facilities, Kidney diseases, reason. The fiscal intermediary makes a through a blend of prospective payment Medicare, Reporting and recordkeeping ‘‘working copy’’ of the as-filed (PPS) and cost. requirements. electronic cost report to be used, as We recognize that a potential cost for ■ For the reasons set forth in the necessary, throughout the settlement providers that do not submit electronic preamble, the Centers for Medicare & process (that is, desk review, processing cost reports will be that of training staff Medicaid amends 42 CFR chapter IV part audit adjustments, and final settlement). to use the software. Since most 413 as follows: The provider’s electronic program must hospices, OPOs, RHCs, FQHCs, CMHCs, be able to disclose if any changes have and ESRD facilities currently use PART 413—PRINCIPLES OF been made to the as-filed electronic cost computers, we do not believe that REASONABLE COST report after acceptance by the training staff to use the new software REIMBURSEMENT; PAYMENT FOR intermediary. If the as-filed electronic will impose a large burden on providers. END-STAGE RENAL DISEASE cost report does not pass all specified An additional cost would be the cost of SERVICES; PROSPECTIVELY edits, the fiscal intermediary must the software offered by commercial DETERMINED PAYMENT RATES FOR return it to the provider for correction. vendors. However, providers could SKILLED NURSING FACILITIES For purposes of the requirements in eliminate this cost by obtaining the paragraph (f)(2) of this section necessary software from us, free of ■ 1. The authority citation for part 413 concerning due dates, an electronic cost charge. In those instances when these continues to read as follows: report is not considered to be filed until requirements may cause hardship, a Authority: Secs. 1102, 1812(d), 1814(b), it is accepted by the intermediary. waiver can be granted. 1815, 1833(a), (i) and (n), 1861(v), 1871, (iv) Effective for cost reporting The requirement that hospitals submit 1881, 1883, and 1886 of the Social Security periods ending on or after September cost reports in a standardized electronic Act (42 U.S.C. 1302, 1395d(d), 1395f(b), 30, 1994 for hospitals, cost reporting format has been in place since October 1395g, 1395l(a), (i), and (n), 1395x(v), periods ending on or after December 31, 1989. Since that time, the accuracy of 1395hh, 1395rr, 1395tt, and 1395ww). 1996 for skilled nursing facilities and cost reports has increased and we have ■ 2. Section 413.24 is amended by home health agencies, and cost received very few requests for waivers. revising existing paragraphs (f)(4)(i) reporting periods ending on or after Additionally, we have not received any through (f)(4)(v) to read as follows: December 31, 2004 for hospices, organ comments from the hospital industry procurement organizations, rural health indicating that the use of electronic cost § 413.24 Adequate cost data and cost clinics, Federally qualified health reporting is overly burdensome. We finding. centers, community mental health believe that electronic cost reporting * * * * * centers, and end-stage renal disease will be equally effective for hospices, (f) Cost reports. *** facilities, a provider must submit a hard OPOs, RHCs, FQHCs, CMHCs, and (4) Electronic submission of cost copy of a settlement summary, a ESRD facilities, with the benefits (such reports. statement of certain worksheet totals as increased accuracy and decreased (i) As used in this paragraph, found within the electronic file, and a preparation time) outweighing the costs ‘‘provider’’ means a hospital, skilled statement signed by its administrator or of implementation for most providers. nursing facility, home health agency, chief financial officer certifying the Section 202 of the Unfunded hospice, organ procurement accuracy of the electronic file or the Mandates Reform Act of 1995 also organization, rural health clinic, manually prepared cost report. During a requires that agencies assess anticipated Federally qualified health clinic, transition period (first two cost- costs and benefits before issuing any community mental health center, or reporting periods on or after December rule that may result in an expenditure end-stage renal disease facility. 31, 2004), hospices, organ procurement

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organizations, rural health clinics, DEPARTMENT OF HEALTH AND corrections contained in this final rule Federally qualified health centers, HUMAN SERVICES for the reasons set forth in section III of community mental health centers, and this notice. Centers for Medicare & Medicaid end-stage renal disease facilities must II. Correction of Errors submit a hard copy of the completed Services cost report forms in addition to the A. Preamble Corrections electronic file. The following statement Centers for Disease Control and Prevention ■ In the final rule published on January must immediately precede the dated 24, 2003 (68 FR 3640), make the signature of the provider’s administrator 42 CFR Part 493 following corrections: or chief financial officer: ■ On page 3641, in column three, in line [CMS–2226–CN] I hereby certify that I have read the above seven from the bottom of the page, certification statement and that I have RIN 0938–AK24 ‘‘Establish’’ is corrected to read examined the accompanying electronically ‘‘establish’’. filed or manually submitted cost report and Medicare, Medicaid, and CLIA ■ On page 3642, in column two, in the the Balance Sheet Statement of Revenue and Programs; Laboratory Requirements first paragraph carried over from column Expenses prepared byllll(Provider Relating to Quality Systems and one, in lines 13 and 14, the words ‘‘the Name(s) and Number(s)) for the cost Certain Personnel Qualifications; National Registry for Clinical reporting period beginning lll and Correction Chemistry’’ are corrected to read ‘‘the ending lll and that to the best of my National Registry of Certified Chemists AGENCY: Centers for Disease Control and knowledge and belief, this report and (formerly known as the National Registry statement are true, correct, complete and Prevention (CDC) and Centers for in Clinical Chemistry)’’. prepared from the books and records of the Medicare & Medicaid Services (CMS), ■ On page 3643, in column two of the provider in accordance with applicable HHS. Table, in lines 18, 21, and 24, ‘‘systems’’ instructions, except as noted. I further certify ACTION: Final rule; correction. is corrected to read ‘‘system’’. that I am familiar with the laws and ■ On page 3648, in column three of the SUMMARY: This document corrects regulations regarding the provision of health Table, in line 14, ‘‘§§ 493.1274(e)(1)(i) technical errors that appeared in the care services, and that the services identified through (e)(1)(v), and (e)(2)’’ is corrected final rule published in the Federal in this cost report were provided in to read ‘‘§§ 493.1274(e)(1)(i) through Register on January 24, 2003, entitled compliance with such laws and regulations. (e)(1)(iii), and (e)(2)’’. ‘‘Medicare, Medicaid and CLIA ■ On page 3650, in column two of the (v) A provider may request a delay or Programs; Laboratory Requirements Table, in lines 2, 4, 5, 7, 9, 10, 12, 13, 14, waiver of the electronic submission Relating to Quality Systems and Certain 15, 16, 17, 19, 20, 22, 23, 24, 25, 28, 32, requirement in paragraph (f)(4)(ii) of Personnel Qualifications.’’ This 38, 40, 42, 44, 45, 46, 47, 48, and 50 this section if this requirement would document is a supplement to the (twice), add the word ‘‘quality’’ before cause a financial hardship or if the January 24, 2003 final rule. ‘‘assessment’’. provider qualifies as a low or no EFFECTIVE DATE: September 22, 2003. ■ On page 3650, in column three of the Medicare utilization provider. The FOR FURTHER INFORMATION CONTACT: Table, in line 18, ‘‘§§ 493.1230; provider must submit a written request Rhonda S. Whalen (CDC), (770) 488– 493.1236(a)(1); 493.1239(a) and (b)’’ is for delay or waiver with necessary 8155. corrected to read ‘‘§§ 493.1230; supporting documentation to its Judith A. Yost (CMS), (410) 786–3531. 493.1236(a); 493.1239(a) and (b)’’. intermediary no later than 30 days after SUPPLEMENTARY INFORMATION: ■ On page 3671, in column two, in the first paragraph of the response, ‘‘the the end of its cost reporting period. The I. Background intermediary reviews the request and American Board of Medical forwards it, with a recommendation for In FR Doc. 03–1230 of January 24, Immunology’’ is corrected to read ‘‘the approval or denial, to CMS central office 2003 (68 FR 3640), there were several American Board of Medical Laboratory technical errors that are identified and within 30 days of receipt of the request. Immunology.’’ corrected in the ‘‘Correction of Errors’’ ■ On page 3671, in column two, in the CMS central office either approves or section below. The corrections first paragraph of the response, ‘‘the denies the request and notifies the described below are effective September National Registry for Clinical intermediary within 60 days of receipt 22, 2003. Chemistry’’ is corrected to read ‘‘the of the request. Specifically, this document corrects National Registry of Certified Chemists * * * * * errors of omission, clarifies ambiguities, (formerly known as the National Registry (Catalog of Federal Domestic Assistance and corrects erroneous references and in Clinical Chemistry)’’. Program No. 93.773, Medicare—Hospital typographical errors. We would ■ On page 3673, in column three, in the Insurance; and Program No. 93.774, ordinarily publish these changes in a first paragraph of the response, in line Medicare—Supplementary Medical notice of proposed rulemaking in the 16, ‘‘quality systems include’’ is Insurance Program) Federal Register and invite public corrected to read ‘‘a quality system Dated: February 21, 2003. comment on the proposed rule. This includes’’. ■ Thomas A. Scully, notice and comment rulemaking On page 3674, in column two, in procedure can be waived, however, if an Subpart A—General Provisions Administrator, Centers for Medicare & agency finds good cause to do so (that (Definitions), in the first bullet point Medicaid Services. is, notice-and-comment procedure is under that heading, add the words Approved: April 24, 2003. impracticable, unnecessary, or contrary ‘‘nonwaived test’’ and ‘‘waived test’’ in Tommy G. Thompson, to the public interest) and it alphabetical order. incorporates a statement of the finding ■ On page 3674, in column two, in Secretary. and its reasons therefore in the final Subpart A—General Provisions [FR Doc. 03–21441 Filed 8–21–03; 8:45 am] rule. We find good cause to waive notice (Definitions), add, above the third bullet, BILLING CODE 4120–01–P and comment procedures for the a new bullet with the words ‘‘We revised

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§ 493.19(e)(1) by removing the reference PART 493—LABORATORY § 493.47 Requirements for a certificate for to the former Subpart P.’’ REQUIREMENTS provider-performed microscopy (PPM) procedures. ■ On page 3675, in column one, in the ■ The authority citation for part 493 * * * * * first paragraph carried over from the continues to read as follows: preceding page, ‘‘Systems’’ is corrected (c) * * * to read ‘‘System’’. Authority: Sec. 353 of the Public Health (2) The applicable requirements of Service Act, secs. 1102, 1861(e), the sentence this subpart and subparts H, J, K, and M ■ On page 3675, in column two, in the following sections 1861(s)(11) through of this part; and section heading and in bullets number 1861(s)(16) of the Social Security Act (42 * * * * * one and three, remove the ‘‘s’’ from the U.S.C. 263a, 1302, 1395x(e), and the sentence word ‘‘systems’’. following 1395x(s)(11) through 1395x(s)(16)). Table of Contents for Subparts J and K ■ On page 3694, in column two, in the ■ In § 493.2, the following definitions are of Part 493 [Corrected] added in alphabetical order to read as last paragraph, and on page 3696, in ■ follows: On page 3703 in column one, in the column one, in the last paragraph of the heading of the Table of Contents for page, ‘‘(Eisenberg, 1998)’’ is corrected to § 493.2 Definitions. Subpart K, the word ‘‘Systems’’ is read ‘‘(Isenberg, 1998)’’. * * * * * corrected to read ‘‘System’’. ■ On page 3701, in column three, in the Nonwaived test means any test ■ On page 3703, in column one, in the ‘‘References’’ section, ‘‘Eisenberg, Henry system, assay, or examination that has Table of Contents for Subpart K—Quality D., Ed.’’ is corrected to read ‘‘Isenberg, not been found to meet the statutory System for Nonwaived Testing, line 18, Henry D., Ed.’’ and is placed in criteria specified at section 353(d)(3) of ‘‘§ 493.1125’’ is corrected to read alphabetical order. the Public Health Service Act. ‘‘§ 493.1225’’. ■ B. Omitted Regulatory Text * * * * * On page 3703, in column one, in the Waived test means a test system, Table of Contents for Subpart K—Quality The January 24, 2003 final rule (68 FR assay, or examination that HHS has System for Nonwaived Testing, General 3640) utilized a couple of terms that determined meets the CLIA statutory Laboratory Systems, in line 15, add the have never been formally defined in the criteria as specified for waiver under word ‘‘quality’’ before ‘‘assessment.’’ CLIA regulations. We believe that any section 353(d)(3) of the Public Health ■ On page 3703, in column one, in the ambiguities about ‘‘nonwaived test’’ and Service Act. Table of Contents for Subpart K—Quality ‘‘waived test’’ would be resolved by ■ In § 493.19, paragraph (e)(1) is revised System for Nonwaived Testing, defining them at § 493.2. to read as follows: Preanalytic Systems, in line 5, add the The definition of ‘‘waived test’’ need word ‘‘quality’’ before ‘‘assessment.’’ § 493.19 Provider-performed microscopy ■ On page 3703, in column two, in the not be subject to notice and comment procedures. rulemaking as the definition merely Table of Contents for Subpart K—Quality * * * * * cites to the statutory criteria for waiver System for Nonwaived Testing, Analytic as specified in section 353(d)(3) of the (e) * * * Systems, in line 22, ‘‘§ 493.1189’’ is Public Health Service Act (PHS). ‘‘Non- (1) Meet the applicable requirements corrected to read ‘‘§ 493.1289’’ and the waived tests’’ is likewise defined in in subpart C or subpart D, and subparts word ‘‘quality’’ is added before terms of the statutory criteria for waiver. F, H, J, K, and M of this part. ‘‘assessment.’’ ■ As notice and comment rulemaking is * * * * * On page 3703, in column two, in the unnecessary, we are adding these ■ In § 493.20, paragraph (c) is revised to Table of Contents for Subpart K—Quality definitions to § 493.2. read as follows: System for Nonwaived Testing, Postanalytic Systems, in line three, add In addition, we explained in the § 493.20 Laboratories performing tests of the word ‘‘quality’’ before ‘‘assessment.’’ January 24, 2003 final rule that we were moderate complexity. § 493.1105 [Corrected] renaming, reorganizing, and * * * * * consolidating similar requirements into (c) If the laboratory also performs ■ On page 3704, in column one, in one section, deleting duplicate waived tests, compliance with subparts paragraph (a)(3), in line four, ‘‘all requirements, and rewording numerous H, J, K, and M of this part is not analytic systems’’ is corrected to read requirements to maintain and/or clarify applicable to the waived tests. However, ‘‘records documenting all analytic their original intent, making the revised the laboratory must comply with the systems’’. regulations easier to read and requirements in §§ 493.15(e), 493.1773, ■ On page 3704, in column one, in understand. As part of this effort, we and 493.1775. paragraph (a)(3)(ii), in line four, ‘‘CFR removed ‘‘subpart P’’, but neglected to ■ 606.160(b)(3)(ii), (b)(3)(v), and (d)’’ is remove references to subpart P in In § 493.25, paragraph (d) is revised to read as follows: corrected to read ‘‘CFR 606.160(b)(3)(ii), §§ 493.19(e)(1), 493.20(c), 493.25(d), (b)(3)(iv), (b)(3)(v), and (d)’’. 493.47(c)(2), and 493.1359(b)(2). As § 493.25 Laboratories performing tests of ■ On page 3704, in column one, in section ‘‘P’’ no longer exists, it is high complexity. paragraph (a)(5), in line one, the heading unnecessary to seek comments on these * * * * * is corrected to read ‘‘Quality system deletions as no purpose or interests (d) If the laboratory also performs assessment records.’’ would be served if they were waived tests, the requirements of ■ On page 3704, in column one, in maintained. As such, these references to subparts H, J, K, and M are not paragraph (a)(6)(i), in lines two and subpart ‘‘P’’ are deleted by this final applicable to the waived tests. However, three, ‘‘21 CFR 606.160(b)(3)(ii), rule. the laboratory must comply with the (b)(3)(iv), and (d)’’ is corrected to read C. Regulatory Text Corrections requirements in §§ 493.15(e), 493.1773, ‘‘21 CFR 606.160(d).’’ and 493.1775. ■ On page 3704, in column one, in ■ In FR Doc. 03–1230 of January 24, 2003 ■ In § 493.47, paragraph (c)(2) is revised paragraph (b), in line five, ‘‘maintained’’ (65 FR 3640): to read as follows: is corrected to read ‘‘retained’’.

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Subpart K—[Corrected] corrected to read ‘‘reporting imminently § 493.1291 [Corrected] life-threatening results, or panic or alert ■ On page 3713, in column one, in ■ On page 3704, in column one, in the values’’. paragraph (a), in line one, add the word section heading for Subpart K, the word ‘‘an’’ before the word ‘‘adequate’’. ‘‘Systems’’ is corrected to read ‘‘System’’. § 493.1253 [Corrected] ■ On page 3713, in column one, in ■ On page 3707, in column one, in § 493.1200 [Corrected] paragraph (a), in line two, ‘‘systems’’ is paragraph (b)(2), in lines eight through corrected to read ‘‘system(s)’’. ■ On page 3704, in column one, in ten, remove the words ‘‘Gram stain, or ■ On page 3713, in column two, in paragraph (a), in line five, ‘‘quality potassium hydroxide preparations’’. paragraph (c)(1), in line three, ‘‘or an systems’’ is corrected to read ‘‘a quality unique’’ is corrected to read ‘‘or a system’’. § 493.1256 [Corrected] ■ unique’’. On page 3704, in column two, in ■ On page 3707, in column three, in ■ On page 3713, in column two, in paragraph (b), in line one, remove the paragraph (a), in line four, the word words ‘‘Each of ’’, and capitalize the paragraph (g), in line six, ‘‘imminent’’ is ‘‘analytical’’ is corrected to read corrected to read ‘‘imminently’’. letter ‘‘T’’ in the word ‘‘The’’. ‘‘analytic’’. ■ On page 3704, in column two, in ■ § 493.1299 [Corrected] paragraph (b), in line two, ‘‘an On page 3708, in column two, in ■ assessment’’ is corrected to read ‘‘a paragraph (e)(1), in line four, add the On page 3713, add the word ‘‘quality’’ quality assessment’’. phrase ‘‘(except those specifically before ‘‘assessment’’: in the section ■ On page 3704, in column two, in referenced in § 493.1261(a)(3))’’ before heading; in column three, in paragraph paragraph (c), in line two, the word the word ‘‘and’’. (b), in lines one and seven; and in column three, in paragraph (c), in line ‘‘systems’’ is corrected to read ‘‘system’’. § 493.1271 [Corrected] two. § 493.1208 [Corrected] ■ On page 3709, in column three, in § 493.1359 [Amended] ■ paragraph (f), in line one, the heading On page 3704, in column three, in line ■ two, ‘‘§§ 93.1281’’ is corrected to read ‘‘Documentation.’’ is added. In § 493.1359, paragraph (b)(2) is ‘‘§§ 493.1281’’. revised to read as follows: § 493.1273 [Corrected] * * * * * § 493.1234 [Corrected] On page 3709, in column three, in (b) * * * ■ On page 3705, in column two, in line paragraph (a), in line one, the phrase (2) Is performed in accordance with six, ‘‘individual’’ is corrected to read ‘‘As specified in § 493.1256(e)(3),’’ is applicable requirements in subparts H, ‘‘person’’. added at the beginning of the first J, K, and M of this part. sentence, and the word ‘‘Fluorescent’’ is III. Waiver of Proposed Rulemaking § 493.1239 [Corrected] corrected to be lower-case. ■ On page 3705, in column two, in the We ordinarily publish these changes § 493.1274 [Corrected] section heading, add the word ‘‘quality’’ in a notice of proposed rulemaking in before ‘‘assessment.’’ ■ On page 3710, in column three, in the Federal Register and invite public ■ On page 3705, in column three, in paragraph (d)(2)(iii), in line one, comment before final changes are paragraph (a), in line three, ‘‘system ‘‘Nongynecologic slide preparation’’ is adopted. However, we can waive this requirements’’ is corrected to read corrected to read ‘‘Nongynecologic slide notice and comment rulemaking if we ‘‘systems requirements’’. preparations’’. find good cause to do so (that is, notice ■ On page 3705, in column three, in ■ On page 3711, in column two, in and comment procedure is paragraph (b), lines one and seven, add paragraph (h), in line one, the heading impracticable, unnecessary, or contrary the word ‘‘quality’’ before ‘‘assessment’’. ‘‘Documentation.’’ is added. to the public interest) and the agency ■ On page 3705, in column three, in incorporates a statement of the finding paragraph (c), in line two, add the word § 493.1276 [Corrected] and the reasons therefore in the final rule that is published. ‘‘quality’’ before ‘‘assessment’’. ■ On page 3711, in column two, in In this case, we believe that it is paragraph (d), in line five, ‘‘System of § 493.1249 [Corrected] unnecessary to undertake notice and Cytogenetic Nomenclature’’ is corrected ■ On page 3706, in column one, in the comment rulemaking procedures to read ‘‘System for Human Cytogenetic heading of § 493.1249 add the word because the changes this notice adopts Nomenclature’’. ‘‘quality’’ before ‘‘assessment.’’ have no substantive effect. Specifically, ■ On page 3706, in columns one and § 493.1278 [Corrected] in this notice, the two definitions that two, in paragraph (b), in lines one and have been adopted merely refer the ■ seven, add the word ‘‘quality’’ before On page 3712, in column two, in reader back to the statutory criteria for ‘‘assessment’’. paragraph (g), in line one, the heading waiver. The correction and/or update of ■ On page 3706, in column two, in ‘‘Documentation.’’ is added. names of entities and persons does not paragraph (c), in line two, add the word § 493.1289 [Corrected] alter to whom the regulations are ‘‘quality’’ before ‘‘assessment’’. referring. The citations that have been ■ On page 3713, in the heading of removed were to non-existent regulatory § 493.1251 [Corrected] § 493.1289, add the word ‘‘quality’’ cites. The addition of the word ■ On page 3706, in column two, in before ‘‘assessment’’. ‘‘quality’’ throughout the regulations paragraph (b)(11), in line two, ‘‘results or ■ On page 3713, in column one, in merely provides clarification as to what panic or alert values’’ is corrected to read paragraph (b), in lines one and seven, the regulated entity is ultimately ‘‘results, or panic or alert values’’. add the word ‘‘quality’’ before assessing without altering the means to ■ On page 3706, in column three, in ‘‘assessment’’. be used for such assessments or the paragraph (b)(13), in lines five and six, ■ On page 3713, in column one, in parties that must conduct those ‘‘reporting imminent life threatening paragraph (c), in line two, add the word assessments. The relocation of one results, or panic, or alert values’’ is ‘‘quality’’ before ‘‘assessment.’’ requirement from under one heading to

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another did not alter what was required information collection requirements and restriction of 7.2 km (4.5 miles) north of of whom. Also, the grammatical and were published in the Federal Register Basin City. The coordinates for Channel capitalization changes that have been on October 27, 2000. This document 248C2 at Basin City, Washington, are made had no effect on the meaning of announces the effective date of these 46–39–26 North Latitude and 119–10– the provisions that contain them. As the published rules. 23 West Longitude. substance of the regulatory text itself DATES: The amendments to §§ 15.3, DATES: Effective September 29, 2003. governs regulated entities, the 15.19 and 15.18 published at 65 FR substantive alteration of the preamble to 64388, October 27, 2000. became FOR FURTHER INFORMATION CONTACT: make it conform to the regulatory text effective on May 1, 2001. Deborah Dupont, Media Bureau, (202) had no substantive effect. FOR FURTHER INFORMATION CONTACT: 418–2180. As these changes do not have any Nancy J. Brooks, Office of Engineering SUPPLEMENTARY INFORMATION: This is a substantive effect, we believe that no and Technology, Policy and Rules synopsis of the Commission’s Report benefit would come of submitting these Division, (202) 418–2454. and Order, MB Docket No. 03–25, changes to public comment. We SUPPLEMENTARY INFORMATION: On May 1, adopted July 23, 2003, and released July therefore find that it is ‘‘unnecessary’’ to 2001, the Office of Management and 24, 2003. The full text of this submit these changes to notice and Budget (OMB) approved the information Commission decision is available for comment rulemaking as that term is collection requirements contained in inspection and copying during normal used in section 553(b)(B) of the Sections 15.3; 15.19; and 15.118 business hours in the FCC Information Administrative Procedure Act. Thus, we pursuant to OMB Control No. 3060– Center, Portals II, 445 12th Street, SW., find good cause to waive notice and 0959. Accordingly, the information Room CY–A257, Washington, DC 20554. comment rulemaking procedures. collection requirements contained in The complete text of this decision may (Catalog of Federal Domestic Assistance these rules became effective on May 1, also be purchased from the Program No. 93.778, Medical Assistance 2001. Commission’s duplicating contractor, Program) Federal Communications Commission. Qualex International, Portals II, 445 (Catalog of Federal Domestic Assistance Marlene H. Dortch, 12th Street, SW., Room CY–B402, Program No. 93.773, Medicare—Hospital Secretary. Washington, DC, 20554, (202) 863–2893, Insurance; and Program No. 93.774, facsimile (202) 863–2898, or via e-mail [FR Doc. 03–21506 Filed 8–21–03; 8:45 am] Medicare—Supplementary Medical [email protected]. Insurance Program) BILLING CODE 6712–01–P Dated: August 18, 2003. List of Subjects in 47 CFR Part 73 Ann C. Agnew, FEDERAL COMMUNICATIONS Radio, Radio broadcasting. Executive Secretary to the Department. COMMISSION ■ [FR Doc. 03–21549 Filed 8–21–03; 8:45 am] Part 73 of title 47 of the Code of Federal BILLING CODE 4120–01–P 47 CFR Part 73 Regulations is amended as follows: [DA 03–2350; MB Docket No. 03–25, RM– PART 73—RADIO BROADCAST 10637] SERVICES FEDERAL COMMUNICATIONS COMMISSION Radio Broadcasting Services; Basin ■ 1. The authority citation for Part 73 City and Othello, WA continues to read as follows: 47 CFR Part 15 AGENCY: Federal Communications Authority: 47 U.S.C. 154, 303, 334 and 336. [PP Docket No. 00–67; FCC 00–342] Commission. § 73.202 [Amended] Compatibility Between Cable Systems ACTION: Final rule. and Consumer Electronics Equipment ■ 2. Section 73.202(b), the Table of FM SUMMARY: The Audio Division, at the Allotments under Washington, is AGENCY: Federal Communications request of Wheeler Broadcasting, Inc., amended by adding Basin City, Channel Commission. substitutes Channel 248C2 for Channel 248C2, and by removing Othello, ACTION: Final rule; announcement of 248C3 at Othello, Washington, reallots Channel 248C3. effective date. Channel 248C2 to Basin City, Washington, and modifies Station Federal Communications Commission. SUMMARY: The Commission adopted KLZN’s license accordingly. Channel John A. Karousos, new rules on the labeling of digital 248C2 can be allotted to Basin City, Assistant Chief, Audio Division, Media television receivers and other consumer Washington, in compliance with the Bureau. electronics receiving devices. Certain Commission’s minimum distance [FR Doc. 03–21505 Filed 8–21–03; 8:45 am] rules contained new and modified separation requirements with a site BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 68, No. 163

Friday, August 22, 2003

This section of the FEDERAL REGISTER this rule, we are soliciting comment on Reform Act. These statutes authorize the contains notices to the public of the proposed whether certain entities define temporary assignment of employees issuance of rules and regulations. The themselves as: (1) an ‘‘instrumentality or between the Federal Government and purpose of these notices is to give interested authority of a state or states or local State, local, and Indian tribal persons an opportunity to participate in the government’’ as cited in 5 U.S.C. 3371; governments, institutions of higher rule making prior to the adoption of the final rules. and/or (2) a ‘‘Federal-State authority or education and other eligible instrumentality’’ as cited in 5 U.S.C. organizations. 3371. § 334.102 Definitions. OFFICE OF PERSONNEL E. O. 12866, Regulatory Review In this part: MANAGEMENT This rule has been reviewed by the Assignment means a period of service 5 CFR Part 334 Office of Management and Budget in under chapter 33, subchapter VI of title accordance with E. O. 12866. 5, United States Code; RIN 3206–AJ94 Employee, for purposes of Regulatory Flexibility Act participation in this program, means an Temporary Assignment of Employees I certify that these regulations would individual serving in a Federal agency Between the Federal Government and not have a significant economic impact under a career or career-conditional State, Local, and Indian Tribal on a substantial number of small entities appointment, including career Governments, Institutions of Higher because they would apply only to appointees in the Senior Executive Education, and Other Eligible Federal agencies and employees. Service, individuals under Organizations appointments of equivalent tenure in List of Subjects in 5 CFR part 334 excepted service positions (including, AGENCY: Office of Personnel e.g., Presidential Management Intern Management (OPM). Colleges and universities, Government employees, Indians, program, the Federal Career Intern ACTION: Proposed rule. Intergovernmental relations. program, Student Career Experience program, and Veterans’ Recruitment SUMMARY: The Office of Personnel Kay Coles James, Appointments (VRA)); or an individual Management is proposing a plain Director, Office of Personnel Management. employed for at least 90 days in a career language rewrite of its regulations Accordingly, OPM is proposing to position with a State, local, or Indian regarding the Intergovernmental revise 5 CFR part 334 to read as follows: tribal government, institution of higher Personnel Act (IPA) Mobility Program as education, or other eligible organization; part of a broader review of OPM’s PART 334—TEMPORARY Federal agency has the same meaning regulations. The purpose of the revision ASSIGNMENT OF EMPLOYEES as in 5 U.S.C. 3371(3); is to make the regulations more BETWEEN THE FEDERAL Indian tribal government has the same readable. GOVERNMENT AND STATE, LOCAL, meaning as in 5 U.S.C. 3371(2)(C); DATES: Comments must be received on AND INDIAN TRIBAL GOVERNMENTS, Institution of higher education means or before October 21, 2003. INSTITUTIONS OF HIGHER a domestic, accredited public or private ADDRESSES: Send or deliver comments EDUCATION, AND OTHER ELIGIBLE 4-year college or university, or a to Susan M. Barker, Manager, ORGANIZATIONS technical or junior college; Local government has the same Recruitment, Examining, and Sec. meaning as in 5 U.S.C. 3371(2)(A) and Assessment Group, Office of Personnel 334.101 What is the purpose of this part? (B); Management, Room 6500, 1900 E Street 334.102 Definitions. Other organization has the same NW., Washington, DC, 20415, fax: (202) 334.103 What are the requirements for an meaning as in 5 U.S.C. 3371(4); and 606–0390, or e-mail them to organization to participate in this State has the same meaning as in 5 [email protected]. program? 334.104 What is the duration of an U.S.C. 3371(1). FOR FURTHER INFORMATION CONTACT: assignment in this program? 334.103 What are the requirements for an Susan M. Barker by telephone at (202) 334.105 Must Federal employees return to organization to participate in this program? 606–2226; by fax at (202) 606–0390; or the Government at the end of an (a) Organizations interested in by e-mail at [email protected]. assignment? 334.106 Is there a requirement for a written participating in the mobility program as SUPPLEMENTARY INFORMATION: OPM is agreement? an instrumentality or authority of a issuing proposed regulations 334.107 What are the rules for terminating State or local government or as an implementing the provisions in 5 U.S.C. an assignment? ‘‘other organization’’ as set out in this 3371–3376 that concern the temporary 334.108 Are any reports required with this part must have their eligibility certified assignment of employees to and from program? by the Federal agency with which they States. The purpose of these proposed Authority: 5 U.S.C. 3376; E.O. 11589, 3 are entering into an assignment. revisions to part 334 is not to make CFR 557 (1971–1975). (b) Written requests for certification substantive changes, but rather to should include a copy of the enhance the clarity and improve the § 334.101 What is the purpose of this part? organization’s: readability of the regulations. To The purpose of this part is to (1) Articles of incorporation; achieve these ends, we have converted implement the objectives of title IV of (2) Bylaws; the regulations to a question-and-answer the Intergovernmental Personnel Act of (3) Internal Revenue Service nonprofit format. In addition, to further clarify 1970 and title VI of the Civil Service statement; and

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(4) Any other information which responsibilities of the parties, as OFFICE OF PERSONNEL indicates that the organization has as a specified in 5 U.S. Code 3373–3375. MANAGEMENT principal function the offering of (b) Federal agencies must maintain a 5 CFR Part 532 professional advisory, research, copy of each assignment agreement form educational, or development services, or as well as any modification to the RIN 3206–AJ78 related services to governments or agreement. universities concerned with public Prevailing Rate Systems; Redefinition management. § 334.107 What are the rules for of the North Dakota and Duluth, MN, (c) Federally funded research and terminating an assignment? Appropriated Fund Wage Areas development centers which appear on a master list maintained by the National (a) An assignment may be terminated AGENCY: Office of Personnel Science Foundation are eligible to at any time at the request of the Federal Management. participate in the program. agency or the State, local, or Indian ACTION: Proposed rule with request for (d) An organization denied tribal government, institution of higher comments. certification by an agency may request education, or other organization reconsideration by the Office of participating in this program. Where SUMMARY: The Office of Personnel Personnel Management (OPM). possible, the party terminating the Management is issuing a proposed rule assignment prior to the agreed upon that would redefine the North Dakota § 334.104 What is the duration of an and Duluth, MN, Federal Wage System date should provide 30-days advance assignment in this program? (FWS) appropriated fund wage areas. notice along with a statement of reasons (a) The head of a Federal agency, or The proposed rule would redefine his or her designee, may make an to the other parties to the agreement. Clearwater and Mahnomen Counties assignment for up to 2 years, which may (b) Federal assignees continue to and the White Earth Indian Reservation be extended for up to 2 more years if the encumber the positions they occupied portion of Becker County from the North parties agree. prior to assignment, and the position is Dakota FWS wage area to the Duluth (b) A Federal agency may not send an subject to any personnel actions that FWS wage area. These changes would employee on an assignment if that might normally occur. At the end of the assign all blue-collar Federal employees person is a Federal employee and has assignment, the employee must be working in Indian Health Service participated in this program for more allowed to resume the duties of his/her facilities in northern Minnesota to one than a total of 6 years during his or her position or must be reassigned to FWS wage schedule. Federal career. OPM may waive this another position of like pay and grade. DATES: We must receive comments on or provision upon the written request of before September 22, 2003. the agency head, or his or her designee. (c) An assignment is terminated ADDRESSES: Send or deliver comments (c) A Federal agency may not send or automatically when the employer/ to Donald J. Winstead, Deputy Associate receive an employee on an assignment employee relationship ceases to exist Director for Pay and Performance if the employee has participated in this between the assignee and his/her Policy, Strategic Human Resources program for 4 continuous years without original employer Policy Division, Office of Personnel at least a 12-month return to duty with (d) The Office of Personnel Management, Room 7H31, 1900 E Street the organization from which the Management shall have the authority to NW., Washington, DC 20415–8200, e- employee was originally assigned. direct Federal agencies to terminate mail [email protected], or FAX: (202) § 334.105 Must Federal employees return assignments or take other corrective 606–4264. to the Government at the end of an actions when assignments are found to FOR FURTHER INFORMATION CONTACT: assignment? have been made in violation of the Mark A. Allen at (202) 606–2848, e-mail (a) A Federal employee assigned requirements of the Intergovernmental [email protected], or FAX: (202) 606– under this subchapter must agree, as a Personnel Act and/or this part. 4264. condition of accepting an assignment, to SUPPLEMENTARY INFORMATION: The Office serve with the Federal Government § 334.108 Are any reports required with of Personnel Management (OPM) is upon completion of the assignment for this program? proposing to redefine the North Dakota a period equal to the length of the A Federal agency which assigns an and Duluth, MN, Federal Wage System assignment. employee to, or receives an employee (FWS) appropriated fund wage areas. (b) If the employee fails to carry out from, a State, local, or Indian tribal this agreement, he or she must This proposed rule would redefine government, institution of higher Clearwater and Mahnomen Counties reimburse the Federal agency for its education or other eligible organization share of the costs of the assignment and the White Earth Indian Reservation in accordance with this part shall (exclusive of salary and benefits). The portion of Becker County from the North submit to the Office of Personnel head of the Federal agency, or his or her Dakota FWS wage area to the Duluth designee, may waive this Management such reports as the Office FWS wage area. We are taking this reimbursement for good and sufficient of Personnel Management may request. action because FWS employees who reason. [FR Doc. 03–21417 Filed 8–21–03; 8:45 am] work for closely related Bemidji Area Indian Health Service (IHS) facilities in § 334.106 Is there a requirement for a BILLING CODE 6325–43–P northern Minnesota are currently in two written agreement? separate FWS wage areas. The (a) Before the assignment begins, the Department of Health and Human assigned employee and the Federal Services has requested that OPM agency, the State, local, or Indian tribal redefine the North Dakota and Duluth government, institution of higher wage areas so that blue-collar employees education, or other eligible organization of its IHS facilities in northern shall enter into a written agreement Minnesota would be covered by one recording the obligations and wage schedule.

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OPM considers the following There are 11 IHS employees in Becker Carlton regulatory criteria under 5 CFR 532.211 County, and none in Clearwater or St. Louis when defining FWS wage area Mahnomen Counties. There are several Wisconsin: boundaries: FWS employees stationed in the part of Douglas (i) Distance, transportation facilities, Becker County that we do not propose Area of Application. Survey area plus: and geographic features; to define to the Duluth wage area. We Minnesota: (ii) Commuting patterns; and believe the mixed nature of the Aitkin (iii) Similarities in overall population, regulatory analysis findings for Becker Becker (Including the White Earth Indian employment, and the kinds and sizes of County indicates that the non-IHS Reservation portion only) private industrial establishments. employment locations in Becker County Beltrami Based on our analysis of the should remain appropriately defined to Cass regulatory criteria for defining the North Dakota wage area. The Clearwater affected IHS employees in Becker Cook appropriated fund FWS wage areas, we Crow Wing find that the criteria for Clearwater, County would be placed on the wage schedule for the Duluth wage area after Hubbard Mahnomen, and Becker Counties do not Itasca strongly favor defining the counties to we publish final regulations in the Koochiching one FWS wage area more than another. Federal Register. Lake However, the IHS medical centers in The Federal Prevailing Rate Advisory Lake of the Woods northern Minnesota are in an unusual Committee (FPRAC), the national labor- Mahnomen situation in that they are in a rural area management committee that advises Pine that is economically and socially OPM on FWS pay matters, reviewed and Wisconsin: Ashland integrated by the local reservation recommended these changes by consensus. Based on its review of the Bayfield system and not strongly integrated with Burnett the labor markets in either the North regulatory criteria for defining FWS wage areas, FPRAC recommended no Iron Dakota or Duluth FWS survey areas. It Sawyer is desirable to have IHS employees other changes in the geographic Washburn aligned under one wage schedule definitions of the North Dakota and because the area and population Duluth wage areas. ***** serviced by the medical centers serves Regulatory Flexibility Act NORTH DAKOTA as a unique labor market. However, Survey Area I certify that these regulations would North Dakota: there is insufficient private sector not have a significant economic impact Burleigh industry and FWS employment in on a substantial number of small entities Cass northern Minnesota to meet OPM’s because they would affect only Federal Grand Forks regulatory requirements for establishing agencies and employees. McLean a separate FWS wage area for the IHS Mercer employees there. Because it is not List of Subjects in 5 CFR Part 532 Morton feasible to establish a separate FWS Administrative practice and Oliver Traill wage area for IHS employees in procedure, Freedom of information, northern Minnesota, the FWS Ward Government employees, Reporting and Minnesota: employment locations must be defined recordkeeping requirements, Wages. Clay to the area of application of an existing Polk FWS wage area. Kay Coles James, Area of Application. Survey area plus: Analysis of OPM’s regulatory criteria Director, U.S. Office of Personnel for defining FWS wage areas shows that Management. North Dakota: the majority of IHS employment Accordingly, the Office of Personnel Adams locations under the Bemidji Area in Management proposes to amend 5 CFR Barnes part 532 as follows: Benson northern Minnesota are more closely Billings aligned with the Duluth wage area than PART 532—PREVAILING RATE Bottineau the North Dakota wage area. The White SYSTEMS Bowman Earth, Red Lake, and Cass Lake Indian Burke Health Centers are part of the Bemidji 1. The authority citation for part 532 Cavalier Area but their associated reservations continues to read as follows: Dickey are not entirely within the Duluth wage Authority: 5 U.S.C. 5343, 5346; § 532.707 Divide area. The White Earth Indian also issued under 5 U.S.C. 552. Dunn Reservation occupies the northern 2. In appendix C to subpart B, the Eddy Emmons portion of Becker County and most of wage area listing for the State of Foster Mahnomen County, while the Red Lake Minnesota is amended by revising the Golden Valley and Cass Lake Indian Reservations listing for Duluth; and for the State of Grant occupy the northern portions of North Dakota, to read as follows: Griggs Clearwater County. We therefore Hettinger Appendix C to Subpart B of Part 532— propose that Clearwater and Mahnomen Kidder Appropriated Fund Wage and Survey Counties be redefined from the North La Moure Areas Dakota wage area to the Duluth wage Logan area. We also propose that the White McHenry *****McIntosh Earth Indian Reservation portion of MINNESOTA McKenzie Becker County be redefined from the Duluth Mountrail North Dakota wage area to the Duluth Survey Area Nelson wage area. Minnesota: Pembina

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Pierce revision and inspection. The actions specified above. All communications Ramsey specified by the proposed AD are received on or before the closing date Ransom intended to prevent the WAI ducts from for comments, specified above, will be Renville collapsing, cracking, or rupturing, considered before taking action on the Richland which could cause leakage of hot air in proposed rule. The proposals contained Rolette Sargent the under-floor pressurized area of the in this action may be changed in light Sheridan fuselage when the anti-ice system is of the comments received. Sioux turned on. Such leakage of hot air Submit comments using the following Slope results in insufficient heat for the anti- format: Stark ice system and consequent aerodynamic • Organize comments issue-by-issue. Steele degradation. This action is intended to For example, discuss a request to Stutsman address the identified unsafe condition. change the compliance time and a Towner DATES: request to change the service bulletin Walsh Comments must be received by September 22, 2003. reference as two separate issues. Wells • For each issue, state what specific ADDRESSES: Submit comments in Williams change to the proposed AD is being Minnesota: triplicate to the Federal Aviation Becker (Excluding the White Earth Indian requested. Administration (FAA), Transport • Include justification (e.g., reasons or Reservation portion) Airplane Directorate, ANM–114, Kittson data) for each request. Attention: Rules Docket No. 2003–NM– Comments are specifically invited on Marshall 159–AD, 1601 Lind Avenue, SW., Norman the overall regulatory, economic, Otter Tail Renton, Washington 98055–4056. environmental, and energy aspects of Pennington Comments may be inspected at this the proposed rule. All comments Red Lake location between 9 a.m. and 3 p.m., submitted will be available, both before Roseau Monday through Friday, except Federal and after the closing date for comments, Wilkin holidays. Comments may be submitted in the Rules Docket for examination by via fax to (425) 227–1232. Comments interested persons. A report ***** may also be sent via the Internet using summarizing each FAA-public contact [FR Doc. 03–21415 Filed 8–21–03; 8:45 am] the following address: 9-anm- concerned with the substance of this BILLING CODE 6325–39–P [email protected]. Comments sent proposal will be filed in the Rules via fax or the Internet must contain Docket. ‘‘Docket No. 2003–NM–159–AD’’ in the Commenters wishing the FAA to DEPARTMENT OF TRANSPORTATION subject line and need not be submitted acknowledge receipt of their comments in triplicate. Comments sent via the submitted in response to this action Federal Aviation Administration Internet as attached electronic files must must submit a self-addressed, stamped be formatted in Microsoft Word 97 for postcard on which the following 14 CFR Part 39 Windows or ASCII text. statement is made: ‘‘Comments to The service information referenced in [Docket No. 2003–NM–159–AD] Docket Number 2003–NM–159–AD.’’ the proposed rule may be obtained from The postcard will be date stamped and RIN 2120–AA64 Bombardier, Inc., Canadair, Aerospace returned to the commenter. Group, P.O. Box 6087, Station Airworthiness Directives; Bombardier Centreville, Montreal, Quebec H3C Availability of NPRMs Model CL–600–2C10 (Regional Jet 3G9, Canada. This information may be Any person may obtain a copy of this Series 700 & 701) Series Airplanes examined at the FAA, Transport NPRM by submitting a request to the AGENCY: Federal Aviation Airplane Directorate, 1601 Lind FAA, Transport Airplane Directorate, Administration, DOT. Avenue, SW., Renton, Washington; or at ANM–114, Attention: Rules Docket No. the FAA, New York Aircraft ACTION: Notice of proposed rulemaking 2003–NM–159–AD, 1601 Lind Avenue, Certification Office, 10 Fifth Street, (NPRM). SW., Renton, Washington 98055–4056. Third Floor, Valley Stream, New York; Discussion SUMMARY: This document proposes the or at the Office of the Federal Register, supersedure of an existing airworthiness 800 North Capitol Street, NW., suite On June 5, 2003, the FAA issued AD directive (AD), applicable to certain 700, Washington, DC. 2003–12–06, amendment 39–13191 (68 Bombardier Model CL–600–2C10 FOR FURTHER INFORMATION CONTACT: Dan FR 35152, June 12, 2003), applicable to (Regional Jet Series 700 & 701) series Parrillo, Aerospace Engineer, Systems certain Bombardier Model CL–600– airplanes, that currently requires a and Flight Test Branch, ANE–172, FAA, 2C10 (Regional Jet Series 700 & 701) revision to the Airplane Flight Manual New York Aircraft Certification Office, series airplanes, to require a revision to (AFM) to prohibit operations into 10 Fifth Street, Third Floor, Valley the Airplane Flight Manual (AFM) to known or forecast icing conditions Stream, New York 11581; telephone prohibit operations into known or under certain conditions. That AD also (516) 256–7505; fax (516) 568–2716. forecast icing conditions under certain requires an inspection to detect damage SUPPLEMENTARY INFORMATION: conditions. That AD also requires an of the wing anti-ice (WAI) ducts to inspection to detect damage of the wing determine if the external shrouds of the Comments Invited anti-ice (WAI) ducts to determine if the ducts are open or cracked, and Interested persons are invited to external shrouds of the ducts are open replacement of any damaged duct with participate in the making of the or cracked, and replacement of any a new duct or a duct with the same part proposed rule by submitting such damaged duct with a new duct or a duct number, and an optional terminating written data, views, or arguments as with the same part number, and an action. This action would require they may desire. Communications shall optional terminating action. That action accomplishment of the previously identify the Rules Docket number and was prompted by several reports of optional terminating action for the AFM be submitted in triplicate to the address failure of the WAI ducts. The

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requirements of that AD are intended to situation described above. The FAA has on these figures, the cost impact of the prevent the WAI ducts from collapsing, examined the findings of TCCA, currently required inspection on U.S. cracking, or rupturing, which could reviewed all available information, and operators is estimated to be $14,300, or cause leakage of hot air in the under- determined that AD action is necessary $260 per airplane. floor pressurized area of the fuselage for products of this type design that are The terminating action that is when the anti-ice system is turned on. certificated for operation in the United proposed in this AD action would take Such leakage of hot air results in States. approximately 48 work hours per insufficient heat for the anti-ice system airplane to accomplish, at an average and consequent aerodynamic Explanation of Requirements of labor rate of $65 per work hour. Based degradation. Proposed Rule on these figures, the cost impact of the Since an unsafe condition has been proposed terminating action in this AD Actions Since Issuance of Previous Rule identified that is likely to exist or on U.S. operators is estimated to be In the preamble of AD 2003–12–06, develop on other airplanes of the same $171,600, or $3,120 per airplane. the FAA indicated that the actions type design registered in the United The cost impact figures discussed required by that AD were considered States, the proposed AD would above are based on assumptions that no ‘‘interim action’’ and that further supersede AD 2003–12–06 to continue operator has yet accomplished any of rulemaking action was being considered to require the following actions: the current or proposed requirements of to require replacement of all four WAI • A revision to the Limitations this AD action, and that no operator ducts with new ducts per CRJ 700/900 Section of the AFM to prohibit would accomplish those actions in the Series Regional Jet (Bombardier) Alert operations into known or forecast icing future if this AD were not adopted. The Service Bulletin A670BA–30–007, conditions under certain conditions; cost impact figures discussed in AD which would terminate the inspection • An inspection to detect damage of rulemaking actions represent only the and AFM requirements of that AD. We the WAI ducts to determine if the time necessary to perform the specific now have determined that further external shrouds of the ducts are open actions actually required by the AD. rulemaking action is indeed necessary, or cracked; and These figures typically do not include and this proposed AD follows from that • Replacement of any damaged duct incidental costs, such as the time determination. with a new duct or a duct with the same required to gain access and close up, part number. planning time, or time necessitated by Explanation of Relevant Service The proposed AD also would require other administrative actions. The Information accomplishment of the previously manufacturer may cover the cost of The manufacturer has issued CRJ 700/ optional terminating action for the AFM replacement parts associated with this 900 Series Regional Jet (Bombardier) revision and inspection. The actions proposed AD, subject to warranty Alert Service Bulletin A670BA–30–007, would be required to be accomplished conditions. Manufacturer warranty Revision A, dated April 15, 2003 in accordance with the service bulletin remedies may also be available for labor (referenced in AD 2003–12–06 as the described previously. costs associated with the proposed appropriate source of service inspection in this proposed AD. As a information for doing the required Changes to 14 CFR Part 39/Effect on the result, the costs attributable to the actions). The alert service bulletin AD proposed AD may be less than stated describes procedures for a detailed On July 10, 2002, the FAA issued a above. inspection to detect damage of the four new version of 14 CFR part 39 (67 FR Regulatory Impact WAI ducts and to determine if the 47997, July 22, 2002), which governs the external shrouds of the ducts are open FAA’s airworthiness directives system. The regulations proposed herein or cracked, and replacement of any The regulation now includes material would not have a substantial direct damaged duct with a new duct or a duct that relates to altered products, special effect on the States, on the relationship with the same part number (P/N) that is flight permits, and alternative methods between the national Government and free of any dent or other handling of compliance (AMOCs). Because we the States, or on the distribution of damage. The alert service bulletin also have now included this material in part power and responsibilities among the describes procedures for eventual 39, only the office authorized to approve various levels of government. Therefore, replacement of all four WAI ducts with AMOCs is identified in each individual it is determined that this proposal new ducts. AD. would not have federalism implications Transport Canada Civil Aviation under Executive Order 13132. Cost Impact (TCCA), which is the airworthiness For the reasons discussed above, I authority for Canada, classified this There are approximately 55 airplanes certify that this proposed regulation (1) service bulletin as mandatory and of U.S. registry that would be affected is not a ‘‘significant regulatory action’’ issued Canadian airworthiness directive by this proposed AD. under Executive Order 12866; (2) is not CF–2003–07 to ensure the continued The AFM revision that is currently a ‘‘significant rule’’ under the DOT airworthiness of these airplanes in required by AD 2003–12–06 takes Regulatory Policies and Procedures (44 Canada. approximately 1 work hour per airplane FR 11034, February 26, 1979); and (3) if to accomplish, at an average labor rate promulgated, will not have a significant FAA’s Conclusions of $65 per work hour. Based on these economic impact, positive or negative, This airplane model is manufactured figures, the cost impact of the currently on a substantial number of small entities in Canada and is type certificated for required AFM revision on U.S. under the criteria of the Regulatory operation in the United States under the operators is estimated to be $3,575, or Flexibility Act. A copy of the draft provisions of section 21.29 of the $65 per airplane. regulatory evaluation prepared for this Federal Aviation Regulations (14 CFR The inspection that is currently action is contained in the Rules Docket. 21.29) and the applicable bilateral required by AD 2003–12–06 takes A copy of it may be obtained by airworthiness agreement. Pursuant to approximately 4 work hours per contacting the Rules Docket at the this bilateral airworthiness agreement, airplane to accomplish, at an average location provided under the caption TCCA has kept the FAA informed of the labor rate of $65 per work hour. Based ADDRESSES.

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List of Subjects in 14 CFR Part 39 (b) Operations are not conducted into ducts with new ducts having P/N GG670– known or forecast icing conditions. 80504–5 or –6, or P/N GG670–80312–3 or –4, Air transportation, Aircraft, Aviation 2. Wing/Fuselage Anti-Ice Bleed Leak as applicable, per the service bulletin. safety, Safety. Detection Loops (see Note 1): Replacement of all four WAI ducts terminates Flight with Wing/Fuselage Anti-Ice Bleed the requirements of this AD. After doing the The Proposed Amendment Leak Detection Loops inoperative is not replacement, the AFM revision required by Accordingly, pursuant to the authorized, except as follows: paragraph (b) of this AD may be removed. One loop (A or B) may be inoperative authority delegated to me by the Alternative Methods of Compliance Administrator, the Federal Aviation provided: (a) Wing Anti-Ice switch is selected OFF, (f) In accordance with 14 CFR 39.19, the Administration proposes to amend part and Manager, New York ACO, FAA, is authorized 39 of the Federal Aviation Regulations (b) Operations are not conducted into to approve alternative methods of (14 CFR part 39) as follows: known or forecast icing conditions. compliance for this AD. Note 1: This limitation supersedes the Note 2: The subject of this AD is addressed PART 39—AIRWORTHINESS Master Minimum Equipment List (MMEL).’’ in Canadian airworthiness directive CF– DIRECTIVES 2003–07, effective on March 25, 2003. Detailed Inspection and Corrective Actions if 1. The authority citation for part 39 Necessary Issued in Renton, Washington, on August continues to read as follows: (c) Within 150 flight hours after June 27, 18, 2003. Authority: 49 U.S.C. 106(g), 40113, 44701. 2003, do a detailed inspection to detect Kyle L. Olsen, damage of the four WAI ducts and to Acting Manager, Transport Airplane § 39.13 [Amended] determine if the external shrouds of the WAI Directorate, Aircraft Certification Service. 2. Section 39.13 is amended by ducts are open or cracked, per the alert [FR Doc. 03–21523 Filed 8–21–03; 8:45 am] service bulletin. removing amendment 39–13191 (68 FR BILLING CODE 4910–13–U 35152, June 12, 2003), and by adding a (1) If no discrepancy is found, no further action is required by this paragraph. new airworthiness directive (AD), to (2) If any external shroud of a WAI duct read as follows: is found open or cracked, before further DEPARTMENT OF TRANSPORTATION flight, inspect the surrounding equipment Bombardier, Inc. (Formerly Canadair): Federal Aviation Administration Docket 2003–NM–159–AD. Supersedes and structure per a method approved by the AD 2003–12–06, Amendment 39–13191. Manager, New York Aircraft Certification 14 CFR Part 39 Applicability: Model CL–600–2C10 Office (ACO), FAA, or Transport Canada Civil Aviation (TCCA) (or its delegated (Regional Jet Series 700 & 701) series [Docket No. 2003–SW–15–AD] agent). airplanes, serial numbers 10004 through (3) If any damaged WAI duct is found, 10119 inclusive; certificated in any category. RIN 2120–AA64 before further flight, replace the WAI duct Compliance: Required as indicated, unless with a new duct or a duct with the same part accomplished previously. Airworthiness Directives; Eurocopter number (P/N) that is free of any dent, crease, To prevent the wing anti-ice (WAI) ducts France Model AS332C, C1, L, L1, or other handling damage, per the alert from collapsing, cracking, or rupturing, AS350B, BA, B1, B2, B3 and D, and service bulletin. consequent leakage of hot air in the under- AS355E, F, F1, F2 and N Helicopters floor pressurized area of the fuselage when Note 1: For the purposes of this AD, a the anti-ice system is turned on, insufficient detailed inspection is defined as: ‘‘An AGENCY: Federal Aviation heat for the anti-ice system, and aerodynamic intensive visual examination of a specific Administration, DOT. degradation, accomplish the following: structural area, system, installation, or ACTION: Notice of proposed rulemaking assembly to detect damage, failure, or (NPRM). Referenced Service Information irregularity. Available lighting is normally (a) The term ‘‘service bulletin,’’ as used in supplemented with a direct source of good SUMMARY: This document proposes this AD, means the Accomplishment lighting at intensity deemed appropriate by adopting a new airworthiness directive Instructions of CRJ 700/900 Series Regional the inspector. Inspection aids such as mirror, (AD) for the specified Eurocopter France magnifying lenses, etc., may be used. Surface Jet (Bombardier) Alert Service Bulletin (Eurocopter) model helicopters that A670BA–30–007, Revision A, dated April 15, cleaning and elaborate access procedures 2003, including Appendices A and B, dated may be required.’’ have a Breeze 300-pound electric hoist March 18, 2003. (hoist) installed. This proposal would Reporting Requirement require modifying and re-identifying the Restatement of Requirements of AD 2003– (d) Submit a report of the results of the hoist operator control unit and replacing 12–06, Amendment 39–13191 inspection required by paragraph (c) of this certain fuses. This proposal is prompted Airplane Flight Manual (AFM) Revision AD per the alert service bulletin specified in by a test of a hoist that revealed an paragraph (c) of this AD. Information (b) Within 48 hours after June 27, 2003 (the anomaly in the electrical control circuit. collection requirements contained in this AD effective date of AD 2003–12–06, The actions specified by this proposed have been approved by the Office of amendment 39–13191), revise the AD are intended to prevent failure of the Management and Budget (OMB) under the Limitations Section of the CRJ 700 AFM to provisions of the Paperwork Reduction Act of hoist pyrotechnic squib electrical include the following (this may be 1980 (44 U.S.C. 3501 et seq.) and have been control unit, lack of adequate current to accomplished by inserting a copy of this AD assigned OMB Control Number 2120–0056. activate the hoist pyrotechnic squib, an into the AFM): (1) If the inspection was done after June 27, inability of the pilot to cut the rescue ‘‘1. Anti-Ice Bleed Leak Detection 2003: Submit the report within 14 days after Controller (AILC) Channels (see Note 1): hoist cable in the event of cable the inspection. Flight with ‘‘WING A/I FAULT’’ status entanglement or other emergency, and (2) If the inspection was accomplished message on the engine indication and crew subsequent loss of control of the prior to June 27, 2003: Submit the report alerting system (EICAS) is not authorized, helicopter. within 14 days after June 27, 2003. except as follows: DATES: Comments must be received on One may be inoperative as indicated by New Requirements of This AD ‘‘WING A/I FAULT’’ status message on or before October 21, 2003. EICAS provided: Terminating Action ADDRESSES: Submit comments in (a) Wing Anti-Ice switch is selected OFF, (e) Within 1,500 flight hours after the triplicate to the Federal Aviation and effective date of this AD, replace all four WAI Administration (FAA), Office of the

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Regional Counsel, Southwest Region, to operate due to an anomaly in the Therefore, the proposed AD would Attention: Rules Docket No. 2003–SW– electrical control circuit. require, within 100 hours time-in- 15–AD, 2601 Meacham Blvd., Room Eurocopter has issued Alert Service service (TIS) or 2 months, whichever 663, Forth Worth, Texas 76137. You Bulletin (ASB) No. 25.00.71, for Model comes first, modifying and re- may also send comments electronically AS355E, F, F1, F2, and N helicopters; identifying the hoist operator control to the Rules Docket at the following and ASB No. 25.00.79, for Model unit and replacing certain fuses. The address: [email protected]. AS350B, BA, BB, B1, B2, B3, and D actions would be required to be Comments may be inspected at the helicopters. Both ASBs are dated accomplished in accordance with the Office of the Regional Counsel between November 12, 2002, and specify ASBs described previously. 9 a.m. and 3 p.m., Monday through embodiment of MOD 07 3190 on On July 10, 2002, the FAA issued a Friday, except Federal holidays. helicopters equipped with the fixed new version of 14 CFR part 39 (67 FR FOR FURTHER INFORMATION CONTACT: parts for the hoist. MOD 07 3190 47997, July 22, 2002), which governs the Carroll Wright, Aviation Safety consists of (1) eliminating resistor 27M FAA’s AD system. The regulation now Engineer, FAA, Rotorcraft Directorate, in the hoist operator’s control unit 26M includes material that relates to altered Regulations and Guidance Group, Fort and (2) replacing the 25A quick- products, special flight permits, and Worth, Texas 76193–0111, telephone response fuses on the Honeywell unit at alternative methods of compliance. (817) 222–5120, fax (817) 222–5961. 31 alpha or 21 delta for the Model Because we have now included this AS350 or on the distribution panel 10 material in part 39, we no longer need SUPPLEMENTARY INFORMATION: alpha for the Model 355 helicopters. to include it in each individual AD. Comments Invited Eurocopter has also issued alert Service The FAA estimates that this proposed Bulleting No. 25.01.18, dated November AD would affect 58 helicopters of U.S. Interested persons are invited to 12, 2002, for Model AS332C, C1, L, and registry (50 Model AS350 helicopters participate in the making of the L1 helicopters. Modification 332PCS 78 and 8 Model AS355 helicopters, and no proposed rule by submitting such 288 consists of eliminating resistor 81M Model AS332 helicopters) and the written data, views, or arguments as in hoist box 91M and re-identifying the proposed actions would take they may desire. Communications hoist box as 332P67–2894–01, –02, –03, approximately 3.5 work hours per should identify the Rules Docket or –04, depending on which electrical helicopter to accomplish at an average number and be submitted in triplicate to wiring assembly is installed in the labor rate of $60 per work hour. the address specified above. All helicopter. The DGAC has classified Required parts would cost communications received on or before these ASBs as mandatory and issued AD approximately $10 for a time-delay fuse the closing date for comments will be 2002–585(A) and AD 2002–584(A), both for Model AS350 series helicopters, or considered before taking action on the dated November 27, 2002, to ensure the $20 for two time-delay fuses for Model proposed rule. The proposals contained continued airworthiness of these AS355 series helicopters. Based on in this document may be changed in helicopters in France. these figures, we estimate the total cost light of the comments received. This AD would require correction of impact of the proposed AD on U.S. Comments are specifically invited on an anomaly between the Eurocopter operators would be $12,840 to modify the overall regulatory, economic, hoist control box electrical circuits and each hoist in the entire fleet. environmental, and energy aspects of the Breeze 300 lb. hoist. The Eurocopter The regulations proposed herein the proposed rule. All comments hoist control box supplies 2 amperes to would not have a substantial direct submitted will be available, both before the hoist pyrotechnic squib, however effect on the States, on the relationship and after the closing date for comments, the Breeze 300 lb. hoist requires 10 between the national Government and in the Rules Docket for examination by amperes to activate the pyrotechnic the States, or on the distribution of interested persons. A report squib. The TRW (LUCAS and Air power and responsibilities among the summarizing each FAA-public contact Equipment) hoists require only 1 various levels of government. Therefore, concerned with the substance of this ampere to activate their pyrotechnic it is determined that this proposal proposal will be filed in the Rules squibs. Therefore, this AD would not would not have federalism implications Docket. apply to the TRW (LUCAS and Air under Executive Order 13132. Commenters wishing the FAA to Equipment) hoist installations even For the reasons discussed above, I acknowledge receipt of their mailed though DGAC AD 2002–585(A) applied certify that this proposed regulation (1) comments submitted in response to this to these hoists. is not a ‘‘significant regulatory action’’ proposal must submit a self-addressed, These helicopter models are under Executive Order 12866; (2) is not stamped postcard on which the manufactured in France and are type a ‘‘significant rule’’ under the DOT following statement is made: certificated for operation in the United Regulatory Policies and Procedures (44 ‘‘Comments to Docket No. 2003–SW– States under the provisions of 14 CFR FR 11034, February 26, 1979); and (3) if 15–AD.’’ The postcard will be date 21.29 and the applicable bilateral promulgated, will not have a significant stamped and returned to the agreement. Pursuant to the applicable economic impact, positive or negative, commenter. bilateral agreement, the DGAC has kept on a substantial number of small entities the FAA informed of the situation Discussion under the criteria of the Regulatory described above. The FAA has Flexibility Act. A copy of the draft The Direction Generale De L’Aviation examined the findings of the DGAC, regulatory evaluation prepared for this Civile (DGAC), the airworthiness reviewed all available information, and action is contained in the Rules Docket. authority for France, notified the FAA determined that AD action is necessary A copy of it may be obtained by that an unsafe condition may exist on for products of these type designs that contacting the Rules Docket at the Eurocopter Model AS332C, C1, L, L1, are certificated for operation in the location provided under the caption Model AS350B, BA, BB, B1, B2, B3 and United States. ADDRESSES. D, and Model AS355E, F, F1, F2 and N This previously described unsafe helicopters. The DGAC advises of the condition is likely to exist or develop on List of Subjects in 14 CFR Part 39 discovery of a case of failure of a rescue other helicopters of these same type Air transportation, Aircraft, Aviation hoist emergency release control system designs registered in the United States. safety, Safety.

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The Proposed Amendment Issued in Fort Worth, Texas, on August 8, Regulations to require all importers to 2003. provide on each invoice of imported Accordingly, pursuant to the David A. Downey, merchandise a listing of any trademark authority delegated to me by the Manager, Rotorcraft Directorate, Aircraft information appearing on the imported Administrator, the Federal Aviation Certification Service. merchandise, including packaging. The Administration proposes to amend part [FR Doc. 03–21522 Filed 8–21–03; 8:45 am] proposal was intended to provide a 39 of the Federal Aviation Regulations BILLING CODE 4910–13–M means to determine whether imported (14 CFR part 39) as follows: merchandise bears an infringing trademark in violation of law. The PART 39—AIRWORTHINESS DEPARTMENT OF HOMELAND authority for the proposal was section DIRECTIVES SECURITY 12 of the Anticounterfeiting Consumer Protection Act of 1996 (ACPA)(19 U.S.C. 1. The authority citation for part 39 Bureau of Customs and Border 1484(d)). continues to read as follows: Protection Comments on the proposed Authority: 49 U.S.C. 106(g), 40113, 44701. amendment were solicited for 60 days. 19 CFR Part 141 The comment period closed § 39.13 [Amended] RIN 1515–AC15 November 13, 1999. Fifty-seven 2. Section 39.13 is amended by comments were received. Most were adding a new airworthiness directive to Anticounterfeiting Consumer against the proposal. Among the reasons read as follows: Protection Act: Entry Documentation cited were that this requirement would present an overwhelming burden to Eurocopter France: Docket No. 2003–SW– AGENCY: Customs and Border Protection, importers, trademark owners, 15–AD. Department of Homeland Security. manufacturers and suppliers, and Applicability: Model AS332C, C1, L, and ACTION: Notice of withdrawal of establish unrealistic recordkeeping L1, AS350B, BA, B1, B2, B3 and D, and proposed rulemaking. requirements. Further, the requirement AS355E, F, F1, F2 and N helicopters with a would likely not be complied with by SUMMARY: This document informs the Breeze 300-pound electric hoist (hoist) and counterfeiters. Additionally, it was public that the Bureau of Customs and hoist operator control unit 26M, part number stated that the proposal would not Border Protection (CBP) has decided to (P/N) 350A63–1136–00 or 350A63–1136–01, provide Customs with any new withdraw the proposal to require and hoist electric box 91M, P/N 332A67– enforcement tools to combat the importers to provide on the invoice a 2875–00, installed, certificated in any importation of infringing goods into the listing of all trademarks appearing on category. United States. imported merchandise and its Compliance: Required within 100 hours The following summarized comments packaging. The proposal was intended time-in-service or within 2 months, supporting the withdrawal of the to provide a means to determine whichever occurs first, unless accomplished proposal are noted. previously. whether imported merchandise bears an To prevent failure of the hoist pyrotechnic infringing trademark in violation of law. Costs of Compliance Would Be squib electrical control unit, lack of adequate The authority for the proposal was Enormous section 12 of the Anticounterfeiting current to activate the hoist pyrotechnic The administrative costs associated Consumer Protection Act. Based on the squib, an inability of the pilot to cut the with complying with this requirement rescue hoist cable in the event of cable comments received in response to the would be enormous. The proposed entanglement or other emergency, and proposal and further evaluation of the amendment would cause severe and subsequent loss of control of the helicopter, proposal, CBP has determined that the unreasonable burdens to trade and accomplish the following: proposed rule would not be an efficient provide only minimal, if any, benefit to (a) Modify and re-identify the hoist and effective way to combat CBP enforcement. operator control unit; replace the fuses; and counterfeiting and is withdrawing the The statement in the notice that the functionally test the hoist operation and the proposal. emergency jettison controls in accordance proposal would require importers to DATES: As of August 22, 2003, the with the Accomplishment Instructions, ‘‘identify information of a sort that is proposed rule published on September paragraph 2B, Operational Procedure, of already maintained by the importer’’ is 13, 1999 (64 FR 49423) is withdrawn. Alert Service Bulletin (ASB) No. 25.00.71 for incorrect. The proposal would require Model AS355E, F, F1, F2, and N helicopters; FOR FURTHER INFORMATION CONTACT: importers to expend extraordinary ASB No. 25.00.79 for Model AS350B, BA. B1, George F. McCray, Esq., Chief, efforts canvassing their suppliers—and B2, B3, and D helicopters; and ASB No. Intellectual Property Branch, Office of their suppliers’ third-party suppliers— 25.01.18 for Model AS332 C, C1, L, and L1 Regulations and Rulings, Customs and in order to develop required trademark helicopters, all dated November 12, 2002, as Border Protection, (202) 572–8710. lists. Additionally, even more effort applicable. SUPPLEMENTARY INFORMATION: would be required to ensure that the (b) To request a different method of lists are up to date and accurately reflect Background compliance or a different compliance time the components contained in the for this AD, follow the procedures in 14 CFR On September 13, 1999, Customs merchandise covered by each specific 39.19. Contact the Safety Management Group, (then exclusively under the Department invoice. Rotorcraft Directorate, FAA, for information of the Treasury; as of March 1, 2003, the Creating and maintaining this about previously approved alternative U.S. Customs Service was transferred to database would force importers to create methods of compliance. the Department of Homeland Security, new administrative procedures devoted Note: The subject of this AD is addressed and became redesignated as the Bureau solely to tracking trademarks on in Direction Generale De L’Aviation Civile of Customs and Border Protection components contained within final (France) AD 2002–584(A) and AD 2002– (CBP)) published a document in the products. It would also force importers 585(A), both dated November 27, 2002. Federal Register (64 FR 49423) to devote resources to policing suppliers proposing to amend the Customs of such components.

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Unrealistic Recordkeeping margin of safety and make it easier for DEPARTMENT OF THE TREASURY Requirements this class of individual to target Internal Revenue Service The proposed requirement would also shipments. place difficult recordkeeping obligations Increased Penalties on foreign suppliers and importers who 26 CFR Parts 1 and 14a do not have direct knowledge of product The proposal creates the likelihood components or parts. It would be that importers of legitimate product [REG–122917–02] extremely difficult to effectively could be penalized for inadvertent monitor invoicing practices of omissions of some protected trademarks RIN 1545–BA75 thousands of different foreign vendors from the invoice. The regulatory to ensure that trademark information is proposal would create an affirmative Statutory Stock Options; Hearing accurately listed on invoices. obligation on the part of exporters and Additionally, many imported products importers to list all trademarks AGENCY: Internal Revenue Service (IRS), incorporate parts and components appearing on the merchandise to be Treasury. which are themselves trademarked imported into the United States, and the ACTION: Cancellation of notice of public merchandise. Obtaining information as omission of information on any hearing on proposed rulemaking. to the trademark status of parts and trademarked goods would impose components would require considerable liability, under 19 U.S.C. 1592(a) for any effort from both vendors and importers, SUMMARY: This document provides ‘‘material omission’’. and in certain instances would be notice of cancellation of a public unavailable in any event. Conclusion hearing on proposed rulemaking Most businesses (particularly those in relating to statutory stock options. CBP has determined that the proposed the areas of high technology and DATES: The public hearing originally rulemaking should be withdrawn. After communications) have very rapidly scheduled for Tuesday, September 2, consideration of the comments and changing product specifications, often 2003, at 10 a.m. is cancelled. changing in-box components bearing further review, CBP agrees with the trademarks during a production run. majority of commenters that the FOR FURTHER INFORMATION CONTACT: Guy The logistics of managing exactly which proposed approach would not be an R. Traynor of the Legal Processing trademarks are included in which box effective or efficient way to combat Division, Associate Chief Counsel, at on which shipment would add counterfeiting. Since section 12 of the (202) 622–3693 (not a toll-free number). enormous complexity and cost to the ACPA does not mandate revision of the SUPPLEMENTARY INFORMATION: supply chain. A notice Customs Regulations, but rather of proposed rulemaking and notice of No New Enforcement Tools provides authority for CBP to require public hearing that appeared in the such additional information as the Furthermore, it was stated that the Federal Register on June 9, 2003 (68 FR agency determines ‘‘may be necessary’’ 34344), announced that a public hearing proposed regulation would do nothing to determine whether imported to enhance Customs ability to enforce was scheduled for September 2, 2003 at merchandise bears infringing ACPA. Requiring trademark information 10 a.m., in the auditorium of the trademarks, CBP does not believe to be printed on each invoice would not Internal Revenue Building, 1111 amendment of the Customs Regulations address the principal problem, which is Constitution Avenue NW., Washington, mis-declaration by counterfeiters. is required; Customs already has access DC. The subject of the Public hearing is Listing trademarks on an invoice does to information from other sources which proposed regulations under sections not help a Customs inspector determine effectively serves to identify imported 421, 422, 423, 424, 425 and 6039, of the whether or not the merchandise bears merchandise bearing violative Internal Revenue Code. The public an infringing trademark. Generally, the trademarks. Accordingly, CBP is comment period for these proposed only method of determining this is withdrawing the proposal published in regulations expired on August 12, 2003. through actual inspection of the the Federal Register (64 FR 49423) on The notice of proposed rulemaking merchandise; in fact, without such September 13, 1999. If, in the future, a inspections, substantiating the veracity more effective and efficient method of and notice of public hearing, instructed of the information contained in these data collection is developed to aid in those interested in testifying at the commercial invoices is extremely determining whether imported public hearing to submit a request to difficult. merchandise bears an infringing speak and an outline of topics to be trademark, CBP will consider addressed. As of August 18, 2003, no Trademarked Merchandise Will Be one has requested to speak. Therefore, Identified for Criminals and implementation of such measures at that time. the public hearing scheduled for Counterfeiters Who Will Not Comply September 2, 2003 is cancelled. With New Requirements Robert C. Bonner, LaNita Van Dyke, The fact that a shipment consists of Commissioner, Customs and Border branded apparel is not necessarily Protection. Acting Chief, Legal Publishing Division, Associate Chief Counsel (Procedure & apparent from commercial and Approved: August 18, 2003. Administration). transportation documents and the Timothy E. Skud, identity of the trademarks is not always [FR Doc. 03–21470 Filed 8–21–03; 8:45 am] Deputy Assistant Secretary of the Treasury. apparent from the name of the seller or BILLING CODE 4830–01–P consignee. This present circumstance [FR Doc. 03–21574 Filed 8–21–03; 8:45 am] makes it difficult for criminals to BILLING CODE 4820–02–P identify shipments of interest. The proposed entry documentation requirements would eliminate this

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ENVIRONMENTAL PROTECTION in the Rules Section of this Federal DEPARTMENT OF HEALTH AND AGENCY Register. HUMAN SERVICES 40 CFR Part 300 DATES: Comments concerning this Site Centers for Medicare & Medicaid must be received by September 22, Services [FRL–7547–8] 2003. 42 CFR Part 414 National Oil and Hazardous ADDRESSES: Written comments should Substances Pollution Contingency be addressed to: Trish Taylor, [CMS–1167–P] Plan National Priorities List Community Involvement Coordinator, RIN 0938–AL27 (3HS43), U.S. EPA Region III, 1650 Arch AGENCY: Environmental Protection Street, Philadelphia, PA 19103, (215) Medicare Program; Payment for Agency (EPA). 814–5528, [email protected]. Respiratory Assist Devices With Bi- ACTION: Notice of intent to delete the level Capability and a Back-up Rate Resin Disposal Superfund Site from the FOR FURTHER INFORMATION CONTACT: National Priorities List. Rashmi Mathur, Remedial Project AGENCY: Center for Medicare & Manager (3HS22), U.S. EPA Region III, Medicaid Services (CMS), HHS. SUMMARY: The Environmental Protection 1650 Arch Street, Philadelphia, PA ACTION: Proposed rule. Agency (EPA) Region III is issuing a 19103, (215) 814–5234, SUMMARY: This proposed rule would notice of intent to delete the Resin [email protected]. Disposal Superfund Site (Site) located clarify that respiratory assist devices in the Borough of Jefferson, Allegheny SUPPLEMENTARY INFORMATION: For with bi-level capability and a back-up County, Pennsylvania, from the additional information, see the Direct rate must be paid as capped rental items National Priorities List (NPL) and Final Notice of Deletion which is and not paid as items requiring frequent requests public comments on this notice located in the Rules Section of this and substantial servicing (FSS), as of intent. The NPL, promulgated Federal Register. defined in section 1834(a)(3) of the pursuant to section 105 of the Social Security Act. This action would Information Repositories: Comprehensive Environmental correct coding and payment errors, Comprehensive information about the Response, Compensation, and Liability which began in 1994, when some Act (CERCLA) of 1980, as amended, is Site is available for viewing and copying Medicare contractors misinterpreted our found at appendix B of 40 CFR part 300 at the Site Information Repositories at statutorily prescribed policy and of the National Oil and Hazardous the following locations: U.S. EPA allowed these devices to be paid under Substances Pollution Contingency Plan Region III, Regional Center for the category for items requiring FSS. (NCP). EPA and the Commonwealth of Environmental Information (RCEI), 1650 DATES: Comment Date: Comments will Pennsylvania, through the Pennsylvania Arch Street, Philadelphia, PA 19103, be considered if we receive them at the Department of Environmental Protection (215) 814–5364, Monday through Friday appropriate address, as provided below, (PADEP), have determined that all 8 a.m. to 4:30 p.m.; the Jefferson no later than 5 p.m. on October 21, appropriate response actions under Borough Library (contact, Ann 2003. Reschenthaler), Municipal Building, 925 CERCLA, other than operation and ADDRESSES: In commenting, please refer maintenance and five-year reviews, Old Clairton Road, Jefferson Borough, to file code CMS–1167–P. Because of have been completed. However, this Pennsylvania 15025 (412) 655–7741, staff and resource limitations, we cannot deletion does not preclude future Monday through Thursday 11:00 a.m. to accept comments by facsimile (FAX) actions under Superfund. 8:30 p.m.; and the Pennsylvania transmission or e-mail. In the ‘‘Rules and Regulations’’ Department of Environmental Mail written comments (one original Section of today’s Federal Register, we Protection, Pittsburgh Office, 400 and two copies) to the following address are publishing a direct final notice of Waterfront Drive, Pittsburgh, PA 15222 ONLY: deletion of the Resin Disposal (412) 442–4197. Centers for Medicare & Medicaid Superfund Site without prior notice of Services, Department of Health and intent to delete, because we view this as List of Subjects in 40 CFR Part 300 Human Services, Attention: CMS– a noncontroversial revision and Environmental protection, Air 1167–P, P.O. Box 8017, Baltimore, anticipate no adverse comment. We MD 21244–1850. have explained our reasons for this pollution control, Chemicals, Hazardous deletion in the preamble to the direct substances, Hazardous waste, Please allow sufficient time for mailed final deletion. If we receive no adverse Intergovernmental relations, Penalties, comments to be timely received in the comment(s) on the direct final notice of Reporting and recordkeeping event of delivery delays. deletion, we will not take further action requirements, Superfund, Water If you prefer, you may deliver (by on this notice of intent to delete. If we pollution control, Water supply. hand or courier) your written comments receive adverse comment(s), we will (one original and two copies) to one of Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. the following addresses: withdraw the direct final notice of 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, Room 445–G, Hubert H. Humphrey deletion and it will not take effect. We 1991 Comp., p.351; E.O. 12580, 52 FR 2923, Building, 200 Independence Avenue, will, as appropriate, address all public 3 CFR, 1987 Comp., p. 193. comments in a subsequent final deletion SW., Washington, DC 20201, or notice based on this notice of intent to Dated: August 4, 2003. Room C5–14–03, 7500 Security delete. We will not institute a second Donald S. Welsh, Boulevard, Baltimore, MD 21244– comment period on this notice of intent Regional Administrator, Region III. 1850. to delete. Any parties interested in [FR Doc. 03–21597 Filed 8–21–03; 8:45 am] (Because access to the interior of the commenting must do so at this time. For BILLING CODE 6560–50–P HHH Building is not readily available to additional information, see the direct persons without Federal Government final notice of deletion which is located identification, commenters are

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encouraged to leave their comments in • Other covered items (other than maintenance and servicing of the the CMS drop slots located in the main DME). patient-owned equipment. If the lobby of the building. A stamp-in clock • Other items of DME (capped rental beneficiary chooses to continue renting is available for persons wishing to retain items). the equipment, then rental payments a proof of filing by stamping in and There are different payment rules for continue through the 15th month of use, retaining an extra copy of the comments each category of DME. With the and the supplier continues to own the being filed.) exception of customized items, fee equipment. The supplier must continue Comments mailed to the addresses schedule amounts are calculated for to supply the rented item to the indicated as appropriate for hand or each item of DME, identified by codes beneficiary as long as medically courier delivery may be delayed and in the Healthcare Common Procedure necessary. The supplier is entitled to could be considered late. Coding System (HCPCS). The Medicare receive a semi-annual maintenance and For information on viewing public payment amount for a customized item servicing payment in an amount not to comments, see the beginning of the of DME is based on the Medicare exceed 10 percent of the purchase price SUPPLEMENTARY INFORMATION section. carrier’s individual consideration of that for the equipment as determined by the item. FOR FURTHER INFORMATION CONTACT: statute. Total Medicare payments made Joel In general, the fee schedule amounts Kaiser, (410) 786–4499. through the 13th and 15th months of for DME are calculated on a statewide rental equal 105 and 120 percent, SUPPLEMENTARY INFORMATION: basis using average Medicare payments respectively, of the statutory purchase Inspection of Public Comments: made in each State from 1986 and 1987 Comments received timely will be price for the equipment. under the former reasonable charge Suppliers of DME must meet the available for public inspection as they payment methodology. The fee schedule standards specified in 42 CFR 414.57. are received, generally beginning amounts are generally adjusted annually These standards specify that the approximately 3 weeks after publication by the change in the Consumer Price supplier ‘‘must maintain and replace at of a document, at the headquarters of Index for all Urban Consumers (CPI–U) no charge or repair directly, or through the Centers for Medicare & Medicaid for the 12-month period ending June 30 a service contract with another Services, 7500 Security Boulevard, of the preceding year. The fee schedule company, Medicare-covered items it has Baltimore, Maryland 21244, Monday amounts are limited by a ceiling (upper rented to beneficiaries.’’ This through Friday of each week from 8:30 limit) and floor (lower limit) equal to requirement applies to items in both the a.m. to 4 p.m. To schedule an 100 percent and 85 percent, FSS and CR payment categories. appointment to view public comments, respectively, of the median of the Therefore, for rental items in either phone (410) 786–7195. statewide fee schedule amounts. category, the supplier is responsible for Copies: This Federal Register Section 13543 of the Omnibus Budget ensuring that the equipment is in good document is available from the Federal Reconciliation Act of 1993 (OBRA of working order. In the case of items for Register online database through GPO 1993) (Pub. L. 103–66) amended section which the patient has selected the Access, a service of the U.S. 1834(a)(3)(A) of the Act to remove purchase option, the patient arranges for Government Printing Office. The web certain ventilators, namely ‘‘intermittent the servicing and repair of the patient- site address is: http:// assist devices with continuous airway owned equipment. Medicare payments www.access.gpo.gov/nara/index.html. pressure devices,’’ from the DME are made as needed for maintenance I. Background payment category for items requiring and servicing of patient-owned FSS. Payment for an item in the FSS equipment in the CR category. A. DME Fee Schedule Payment category is made on a monthly rental It is not necessary for a respiratory Methodology basis, with rental payments continuing therapist to perform the maintenance The Medicare Part B (Supplementary as long as the item remains medically and servicing of respiratory assist Medical Insurance) payment rules for necessary. The conference report for devices. If DME suppliers perform durable medical equipment (DME) are OBRA of 1993 states that ‘‘this category maintenance and servicing of located in section 1834(a) of the Social is intended to include items which equipment, they are paid by Medicare Security Act (the Act). In accordance require frequent servicing in order to for this service, regardless of whether with section 1834(a) of the Act, payment avoid imminent danger to a the item is in the FSS or CR category. for DME is made on a fee schedule basis beneficiary’s health.’’ Those ventilators We are confident that this change in with items falling into several different which were excluded from the FSS payment category will not result in a payment categories, each with its own category by OBRA of 1993 fall into the decrease in the current level of service unique payment rules. The respiratory payment category for capped rental (CR) being provided to the beneficiaries. assist devices with bi-level capability items. Payment for items in the CR category is made on a monthly rental B. HCPCS Coding for Respiratory Assist would be placed in the category for Devices other items of durable medical basis, with rental payments being equipment, or capped rental items, as capped at 15 months or 13 months, On January 1, 1992, code E0452 with defined in section 1834(a)(7) of the Act. depending on whether the beneficiary, the description of ‘‘intermittent assist Section 1834(a) of the Act provides based upon an option that must be device with continuous positive airway that Medicare payment for DME is equal offered by the supplier in the 10th rental pressure device (CPAP)’’ was added and to 80 percent of the lesser of the actual month, chooses to continue renting the became effective in the HCPCS. This charge for the item or the fee schedule item or take over ownership of the item code was added to describe respiratory amount for the item. It classifies DME via the ‘‘purchase option’’ provided by assist devices with bi-level air pressure into the following payment categories: the statute. If the beneficiary chooses capability, with or without a back-up • Inexpensive or other routinely the ‘‘purchase option,’’ then rental rate, and with the ability to switch to purchased DME. payments continue through the 13th CPAP mode. Bi-level pressure capability • Items requiring frequent and month of use and the title for the means that the device can deliver a substantial servicing (FSS). equipment transfers from the supplier to lower level of pressure when the patient • Customized items. the beneficiary. Medicare would then exhales than when the patient inhales, • Oxygen and oxygen equipment. make payments for any necessary as opposed to CPAP, which is the

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continuous delivery of a single level of through 1993 and 1994, the respective C. Public Meeting on Payment for positive air pressure. A back-up rate years in which the OBRA of 1993 Respiratory Assist Devices feature enables the device to change in payment categories for During the course of reviewing the automatically switch between the two intermittent assist devices was enacted DMERC medical review policies on levels of pressure at pre-determined and implemented. Responsibility for intervals. The original manufacturer of respiratory assist devices, we became processing DME claims was transferred aware that the carriers and DMERCs had bi-level respiratory assist devices during this time from 34 local carriers submitted documentation to us as part been allowing HCPCS code E0453 to be to 4 regional carriers known as Durable used primarily for the billing of of its HCPCS coding recommendation. Medical Equipment Regional Carriers The manufacturer stated the following respiratory assist devices with a back-up (DMERCs). The DMERCs also issued rate. As a result, we intended to take in the documentation: erroneous guidance to suppliers that the • The word ‘‘intermittent’’ refers to action to clarify that these devices intermittent assist devices with a back- devices that are designed to be used by belonged in the CR payment category. up rate should be billed for using code the patient for only part of the day, Because of concerns raised by the usually during the hours of sleep. E0453 instead of code E0452. industry on the appropriate coding and • The bi-level equipment requires The classification of intermittent payment classification for these devices, very little maintenance and servicing. assist devices with a back-up rate under we announced in the Federal Register • Other than monthly replacement of the FSS payment category versus the CR on June 4, 1999 that a public meeting the air inlet filter on the front of the payment category results in a would be held on June 25, 1999 to get system, there is no routine maintenance substantial increase in Medicare input from the supplier community required. payments. For example, comparing cost regarding the appropriate DME payment • Recommends that a performance of E0453 over 5 years using the 2000 fee category for respiratory assist devices verification be performed after each year schedule ceiling of $612.52, total with a back-up rate. We made of operation to ensure that the device is Medicare payments under the FSS presentations at the June 25, 1999 functioning properly. payment category would be $36,751.20 public meeting, in addition to the Food In accordance with OBRA of 1993, after 5 years as opposed to $7,778.99 if and Drug Administration, the National intermittent assist devices are excluded the device was classified under the CR Institutes of Health, respiratory assist from the FSS payment category and, payment category.1 Based on retail device manufacturers, suppliers, therefore, fall into the CR payment clinicians, beneficiaries, and others. category. prices we obtained, we determined for the year 2000, that the purchase prices The testimony at the public meeting On January 1, 1992, code E0453 with that was given to support the claim that the description of ‘‘therapeutic for intermittent assist devices with a back-up rate range from approximately there is a need for FSS of respiratory ventilator; suitable for use 12 hours or devices with bi-level capability and a less per day’’ was added and became $3,000 to $6,000. This highlights the fact that the correct classification of back-up rate described the need to have effective in the HCPCS. This code was a respiratory therapist visit the added to describe ventilators that are these devices for Medicare payment purposes is a significant issue in terms beneficiary to make sure that the device used on a part time basis by patients is being used appropriately by the of safeguarding the Medicare trust fund. who are dependent on volume beneficiary and that the beneficiary is That is, placing these devices in the FSS ventilators (HCPCS code E0450) for complying with the treatment. After the payment category instead of the CR more than 12 hours a day. The premise respiratory therapist performs an category results in Medicare paying behind the therapeutic ventilator (code assessment of the beneficiary and has every 5 years approximately $36,700 E0453) is similar to the portable oxygen consulted with the beneficiary’s equipment. The stationary volume rather than $7,700 for an item that can physician, it may be determined that the ventilator (E0450), like stationary be purchased for $6,000 or less. pressure setting on the equipment needs oxygen equipment, would be the In 1998, for the first time, the to be adjusted. However, no information primary equipment used by the patient. DMERCs conducted an in-depth review was presented at the public meeting that The portable therapeutic ventilator, like of the use of intermittent assist devices would indicate that the equipment itself portable oxygen equipment, would be with CPAP. As a result, in July 1998, the requires FSS as required by section used part of the day by the patient to DMERCs issued proposed medical 1834(a)(3)(A) of the Act. move about in order to exercise review policies on intermittent assist The DMERC medical review policies muscles, prevent decubitus ulcers, and devices with CPAP, which called for a on respiratory assist devices were achieve other therapeutic goals. revision to the HCPCS codes for these implemented on October 1, 1999. The Therapeutic ventilators were properly devices and the adoption of more following HCPCS codes were added as classified in the FSS payment category. specific nomenclature to describe Beginning as early as May 25, 1992, part of these new policies: respiratory assistance technology. The some Medicare carriers issued K0532 Respiratory Assist Device, Bi- erroneous guidance to suppliers that term ‘‘respiratory assist device, bi-level Level Pressure Capability, Without intermittent assist devices with a back- pressure capability’’ was proposed to Back-up Rate Feature, Used With up rate should be billed for using the replace the HCPCS wording of Noninvasive Interface, E.G., Nasal Or HCPCS code E0453 for therapeutic ‘‘intermittent assist device with CPAP,’’ Facial Mask (Intermittent Assist ventilators (FSS payment category) and separate HCPCS codes were Device With Continuous Positive instead of the HCPCS code E0452 for proposed to differentiate between Airway Pressure Device) intermittent assist devices (CR payment devices with a back-up rate and devices K0533 Respiratory Assist Device, Bi- category). We are not certain to what without a back-up rate. Level Pressure Capability, With Back- degree carriers and suppliers were using up Rate Feature, Used With code E0453 as opposed to code E0452 1 The CR payment of $7,778.99 includes the 15 Noninvasive Interface, E.G., Nasal Or monthly rental payments plus 7 payments of $61.25 to bill for intermittent assist devices for maintenance and servicing that can be billed Facial Mask (Intermittent Assist with a back-up rate. However, this every 6 months beginning 6 months after the 15th Device With Continuous Positive practice continued to some extent rental payment has been made. Airway Pressure Device)

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K0534 Respiratory Assist Device, Bi- • Supplier services consist primarily merely reassigns responsibility of Level Pressure Capability, With Back- of routine maintenance and patient duties) directs agencies to assess all up Rate Feature, Used With Invasive monitoring. costs and benefits of available regulatory Interface, E.G., Tracheostomy Tube • For most beneficiaries, visits (from alternatives and, if regulation is (Intermittent Assist Device With suppliers) do not meet supplier necessary, to select regulatory Continuous Positive Airway Pressure protocols for frequency. approaches that maximize net benefits Device) • Contrary to supplier protocols, the (including potential economic, These codes were added to better number of beneficiaries receiving visits environmental, public health and safety declines over time. effects, distributive impacts, and describe those respiratory assist devices, • or intermittent assist devices with Covering the respiratory assist equity). A regulatory impact analysis CPAP, that had been coded under codes device with back-up rate under capped (RIA) must be prepared for major rules E0452 and E0453 of the HCPCS since rental would have saved Medicare $11.5 with economically significant effects 1992. Code K0532 describes those million annually. ($100 million or more in any 1 year). We intermittent assist devices with CPAP Therefore, the OIG, after conducting a estimate that the reductions in annual that did not have a back-up rate and detailed inspection, has determined that expenditures that would occur as a were previously coded under code respiratory assist devices with a back-up result of moving respiratory assist E0452 (CR payment category). Codes rate do not receive FSS. devices with a back-up rate to the CR payment category will be approximately K0533 and K0534 describe those II. Provisions of the Proposed $10 million, based on the payment intermittent assist devices with CPAP Regulations that did have a back-up rate but had differential between the CR and FSS For the reasons stated above, we payment categories. This estimate is been coded under code E0453 (FSS propose to include respiratory assist payment category). It was also decided based on estimated annual savings of devices billed using HCPCS codes $11.5 million from the OIG report, that no code was needed for therapeutic K0533 and K0534 in the DME fee rounded to the nearest $10 million. The ventilators, the devices originally schedule payment category for other OIG found that the average number of intended to fall under code E0453. items of DME, or capped rental items, as months a beneficiary used the device Although the DMERC medical review defined in section 1834(a)(7) of the Act. between January 1996 and September policies were implemented on October Rental claims received on or after the 1999 was 16 months. We estimate that 1, 1999, the decision regarding the effective date of this provision would be Medicare beneficiaries utilize 10,000 to appropriate DME payment category for claims considered for the initial month 12,000 devices each year. Since this rule devices with the back-up rate (codes of rental for capped rental payment would result in reductions in total K0533 and K0534) was delayed until purposes. expenditures of less than $100 million now to allow more time for per year, this rule is not a major rule as III. Response to Comments consideration of comments made at the defined in Title 5, United States Code, June 25, 1999 public meeting. Because of the large number of items section 804(2) and is not an After reviewing all of the information of correspondence we normally receive economically significant rule under presented at the June 25, 1999 public on Federal Register documents Executive Order 12866. meeting, we conclude that respiratory published for comment, we are not able The RFA requires agencies to analyze assist devices with bi-level pressure to acknowledge or respond to them options for regulatory relief of small capability and a back-up rate do not individually. We will consider all businesses. For purposes of the RFA, require FSS payment. We also conclude comments we receive by the date and small entities include small businesses, that these devices are a type of time specified in the DATES section of nonprofit organizations, and intermittent assist device with CPAP this preamble, and, if we proceed with government agencies. Most hospitals and are therefore excluded from the FSS a subsequent document, we will and most other providers and suppliers payment category by section respond to the comments in the are small entities either by nonprofit 1834(a)(3)(A) of the Act. We conclude preamble to that document. status or by having revenues of $6 that all payments made for these devices million to $29 million or less in any 1 in the past under the FSS payment IV. Collection of Information year. For purposes of the RFA, category were erroneous. Requirements approximately 98 percent of suppliers of D. Office of Inspector General (OIG) This document does not impose DME and prosthetic devices are Report on Respiratory Assist Devices information collection and considered small businesses according recordkeeping requirements. to the Small Business Administration’s In 1999, the OIG began an inspection Consequently, it need not be reviewed (SBA) size standards. Individuals and to determine if respiratory assist devices by the Office of Management and States are not included in the definition with a back-up rate receive FSS. During Budget under the authority of the of a small entity. We estimate that the course of their inspection, the OIG Paperwork Reduction Act of 1995. 106,000 entities bill Medicare for DME, conducted surveys of beneficiaries, prosthetics, orthotics, surgical dressings, V. Regulatory Impact Statement suppliers, manufacturers, and and other equipment and supplies each accreditation agencies. In June 2001 We have examined the impacts of this year. We believe the impact on the DME (OEI–07–99–00440), the OIG issued rule as required by Executive Order industry and small businesses in general their report on respiratory assist devices 12866 (September 1993, Regulatory would be minimal because most with a back-up rate, recommending that Planning and Review), the Regulatory companies supply many different types these devices be moved from the FSS Flexibility Act (RFA) (September 16, of equipment. Total Medicare payment category to the CR payment 1980, Pub. L. 96–354), section 1102(b) of expenditures for DME are category. This recommendation is based the Social Security Act, the Unfunded approximately $7 billion per year. on information gathered from the Mandates Reform Act of 1995 (Pub. L. The OIG estimates that moving surveys conducted by the OIG that 104–4), and Executive Order 13132. respiratory assist devices with a back-up resulted in the following findings listed Executive Order 12866 (as amended rate to the CR payment category would in the report: by Executive Order 13258, which result in payment reductions of

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approximately $11.5 million per year. RFA. For purposes of section 1102(b) of with continuous airway pressure Therefore, the overall impact on the the Act, we define a small rural hospital devices). total industry annual receipts would be as a hospital that is located outside of * * * * * small, that is, less than 1 percent a Metropolitan Statistical Area and has (Catalog of Federal Domestic Assistance reduction in Medicare revenue. fewer than 100 beds. We are not Program No. 93.774, Medicare— However, while the overall impact is preparing a rural impact analysis since Supplementary Medical Insurance Program). small, some suppliers would be we have determined that this rule Dated: April 15, 2003. seriously affected as a result of the mix would not have a significant economic Thomas A Scully, of DME that they furnish to Medicare impact on the operation of a substantial beneficiaries. Namely, suppliers who number of small rural hospitals. Administrator, Centers for Medicare & Medicaid Services. specialize in furnishing respiratory Section 202 of the Unfunded assist devices would be seriously Mandates Reform Act of 1995 also Dated: April 24, 2003. affected by this rule. To estimate how requires that agencies assess anticipated Tommy G. Thompson, many suppliers could be seriously costs and benefits before issuing any Secretary. affected by this rule, we analyzed data rule that may result in expenditure in [FR Doc. 03–21443 Filed 8–21–03; 8:45 am] for the top 30 suppliers of RADs with any 1 year by State, local, or tribal BILLING CODE 4120–01–P a back-up rate, which account for government, in the aggregate, or by the approximately 50 percent of Medicare private sector of $110 million. This rule expenditures for code K0533. Total would not have an effect on the FEDERAL COMMUNICATIONS allowed charges for code K0533 were governments mentioned, and private COMMISSION $77 million in 2002. Therefore, a $10 sector costs would be less than the $110 million reduction in annual million threshold. 47 CFR Part 2 expenditures resulting from this Executive Order 13132 establishes [ET 03–158; MB 03–159; FCC 03–165] proposed rule equates to a 13 percent certain requirements that an agency reduction in revenue for suppliers for must meet when it publishes a proposed Use of Television Channel 16 by the code K0533. These top 30 suppliers rule (and subsequent final rule) that New York Police Department and were ranked in terms of total allowed imposes substantial direct requirement NYMAC for Public Safety Services charges attributed to them for claims costs on State and local governments, received for HCPCS code K0533 from preempts State law, or otherwise has AGENCY: Federal Communications October 1, 2002 through December 31, Federalism implications. We have Commission. 2002. Five of the top 30 suppliers would determined that this rule does not ACTION: Notice of proposed rulemaking. not be considered small entities by SBA significantly affect State or local SUMMARY: This document proposes to standards. These 5 suppliers account for governments. amend the rules of the Federal approximately 40 percent of total In accordance with the provisions of Communications Commission (FCC) to expenditures for K0533. Twenty-five Executive Order 12866, this proposed reallocate television channel 16 to the suppliers in the top 30 could be rule was reviewed by the Office of land mobile service in order to permit considered small entities if such a Management and Budget. the New York Police Department and determination was based solely on List of Subjects in 42 CFR Part 414 New York Metropolitan Advisory Medicare expenditures (data on revenue Committee (NYMAC) to utilize the attributed to sources other than Administrative practice and channel for public safety services. Medicare has not been obtained for procedure, Health facilities, Health DATES: these companies as part of this professions, Kidney diseases, Medicare, Submit comments on or before analysis). Therefore, the total reduction Reporting and recordkeeping September 22, 2003. Reply comments in revenue for potential small entities as requirements, Rural areas, X-rays. are due on or before October 6, 2003. a result of this proposed rule would be For the reasons stated in the ADDRESSES: Federal Communications approximately $6 million. The preamble, the Centers for Medicare & Commission, 445 12th St. SW., percentage of Medicare DME business Medicaid Services proposes to amend Washington, DC 20554. See that K0533 devices represent for 9 of the 42 CFR part 414 as follows: SUPPLEMENTARY INFORMATION for filing instructions. 25 potential small entities is 5 percent PART 414—PAYMENT FOR PART B or less. For the remaining 16 potential MEDICAL AND OTHER HEALTH FOR FURTHER INFORMATION CONTACT: small entities, the percentage of SERVICES Dave Roberts (202) 418–1600. Medicare DME business that K0533 SUPPLEMENTARY INFORMATION: This is a devices represent ranges from 17 to 98 1. The authority citation for part 414 summary of the FCC’s Notice of percent. Therefore, these 16 suppliers continues to read as follows: Proposed Rulemaking, (NPRM) FCC 03– would be seriously affected by this rule. Authority: Secs. 1102, 1871, and 1881(b)(1) 165, adopted on July 7, 2003, and Other K0533 suppliers not in the list of of the Social Security Act (42 U.S.C. 1302, released on July 10, 2003. The full text top 30 suppliers could also be small 1395hh, and 1395rr (b)(1)). of this document is available for entities and could be seriously affected 2. In § 414.222 paragraph (a)(1) is inspection and copying during normal by this rule. The total allowed charges revised to read as follows: business hours in the FCC Reference per year for these suppliers for code Center, 445 12th Street, SW., K0533 are less than $250,000. § 414.222 Items requiring FSS. Washington, DC 20554. The complete In addition, section 1102(b) of the Act (a) Definition. *** text may be purchased from the FCC’s requires us to prepare a regulatory (1) Ventilators (except those that are copy contractor, Qualex International, impact analysis if a rule may have a either continuous airway pressure 445 12th Street, SW., Room CY–B402, significant impact on the operations of devices or respiratory assist devices Washington, DC 20554. The full text a substantial number of small rural with bi-level pressure capability with or may also be downloaded at: http:// hospitals. This analysis must conform to without a back-up rate, previously www.fcc.gov. Alternative formats are the provisions of section 603 of the referred to as intermittent assist devices available to persons with disabilities by

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contacting Brian Millin at (202) 418– delays in receiving U.S. Postal Service revising footnote NG66 to read as 7426 or TTY (202) 418–7365 or at mail). follows. [email protected]. The Commission’s contractor, § 2.106 Table of Frequency Allocations. By this NPRM, the FCC initiates a Vistronix, Inc., will receive hand- rulemaking to determine whether to delivered or messenger-delivered paper * * * * * reallocate television channel 16 to the filings for the Commission’s Secretary at NON-FEDERAL GOVERNMENT (NG) land mobile service for use by the New 236 Massachusetts Avenue, NE., Suite FOOTNOTES York Police Department and NYMAC 110, Washington, DC 20002. * * * * * for public safety use in the New York • The filing hours at this location are NG66 The use of the land mobile service metropolitan area. Comments are sought 8 a.m. to 7 p.m. in the band 470–512 MHz is available for on the technical impact of this proposal. • All hand deliveries must be held assignment to licensees in the Public Mobile This matter shall be treated as a together with rubber bands or fasteners. Services, the Public Safety Radio Pool, and • Any envelopes must be disposed of the Industrial/Business Radio Pool at, or in ‘‘permit—but-disclose’’ proceeding in the vicinity of 11 urbanized areas, as set forth accordance with the Commission’s ex before entering the building. • Commercial overnight mail (other in the following table. Additionally, the band parte rules. 47 CFR 1.200, 1.1206. 482–488 MHz (TV channel 16) is available Members of the public are advised that than U.S. Postal Service Express Mail for assignment to licensees in the Public ex parte presentations are permitted, and Priority Mail) must be sent to 9300 Safety Radio Pool at, or in the vicinity of, Los except during the Sunshine Agenda East Hampton Drive, Capitol Heights, Angeles and at, or in the vicinity of, New period, provided they are disclosed as MD 20743. York City and Nassau and Suffolk Counties, • provided under the Commission’s rules. U.S. Postal Service first-class mail, New York. Such use in the land mobile See generally 47 CFR 1.1203 and Express Mail, and Priority Mail should service is subject to the conditions set forth in 47 CFR parts 22 and 90. 1.1206(a). be addressed to 445 12th Street, SW., Pursuant to 47 CFR 1.415, 1.419, Washington, DC 20554. All filings must be addressed to the Frequencies TV interested parties may file comments on Urbanized area (MHz) channel or before September 22, 2003 and reply Commission’s Secretary, Office of the comments on or before October 6, 2003. Secretary, Federal Communications New York, NY- 470–482 ...... 14, 15 Comments may be filed using the Commission. Northeastern Commission’s Electronic Comment The Commission has determined that New Jersey. Filing System (ECFS) or by filing paper the relevant provisions of the Regulatory Chicago, IL- 470–482 ...... 14, 15 Northwestern copies. See Electronic Filing of Flexibility Act of 1980 do not apply to rule making proceedings to amend the Indiana. Documents in Rulemaking Proceedings, Boston, MA ...... 470–476 and 14, 16 63 FR 24121 (1998). TV Table of Allotments, § 73.606(b) of the Commission’s rules. See 482–488. Comments filed using ECFS can be Pittsburgh, PA .... 470–476 and 14, 18 Certification That §§ 603 and 604 of the sent as an electronic file via the Internet 494–500. Regulatory Flexibility Act Do Not Apply to http://www.fcc.gov/e-file/ecfs.html. Los Angeles, CA 470–476 and 14, 20 to Rule Making to Amend §§ 73.202(b), Generally, only one copy of an 506–512. 73.504 and 73.606(b) of the electronic submission must be filed. If Miami, FL ...... 470–476 ...... 14 Commission’s Rules, 46 FR 11549, San Francisco- 482–494 ...... 16, 17 multiple docket or rulemaking numbers February 9, 1981. Oakland, CA. appear in the caption of this proceeding, Accordingly, it is ordered that Dallas, TX ...... 482–488 ...... 16 however, commenters must transmit pursuant to the authority contained in Washington, 488–500 ...... 17, 18 one electronic copy of the comments to Sections 1, 4(i), 4(j), 301, 303, 308, D.C.-Maryland- each docket or rulemaking number Virginia. 309(j), and 337 of the Communications referenced in the caption. When Houston, TX ...... 488–494 ...... 17 Act of 1934, as amended, 47 U.S.C. completing the transmittal screen, Philadelphia, PA- 500–512 ...... 19, 20 sections 151, 154(j), 157(a), 301, 303, commenters should include their full New Jersey. 308, 309(j), and 337 this Notice of name, U.S. Postal Service mailing Proposed Rulemaking is adopted. address, and the applicable docket or * * * * * rulemaking number. Parties also may List of Subjects in 47 CFR Part 2 [FR Doc. 03–21507 Filed 8–21–03; 8:45 am] submit electronic comments by Internet Television. BILLING CODE 6712–01–P e-mail. To get filing instructions for e- mail comments, commenters should Federal Communications Commission. send an e-mail to [email protected], and Marlene H. Dortch, FEDERAL COMMUNICATIONS should include the following words in Secretary. COMMISSION the body of the message, ‘‘get form.’’ A For the reasons discussed in the 47 CFR Part 73 sample form and directions will be sent preamble, the Federal Communications in reply. Parties who choose to file by Commission proposes to amend 47 CFR [DA 03–2574; MB Docket No. 03–181; RM– paper must file an original and four part 2 as follows: 10758] copies of each filing. If more than one docket or rulemaking number appears in PART 2—FREQUENCY ALLOCATIONS Radio Broadcasting Services; the caption of this proceeding, AND RADIO TREATY MATTERS; Blanchard and Weatherford, OK GENERAL RULES AND REGULATIONS commenters must submit two additional AGENCY: Federal Communications copies for each additional docket or 1. The authority citation for part 2 Commission. rulemaking number. continues to read as follows: ACTION: Proposed rule. Filings can be sent by hand or messenger delivery, by commercial Authority: 47 U.S.C. 154, 302a, 303, and SUMMARY: The Audio Division requests overnight courier, or by first-class or 336, unless otherwise noted. comment on a petition filed by Wright overnight U.S. Postal Service mail 2. Section 2.106, the Table of Broadcasting Systems, Inc., licensee of (although we continue to experience Frequency Allocations, is amended by FM Station KWEY, Channel 247C1,

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Weatherford, Oklahoma. Petitioner SUPPLEMENTARY INFORMATION: This is a For information regarding proper proposes to change the community of synopsis of the Commission’s Notice of filing procedures for comments, see 47 license for KWEY–FM from Weatherford Proposed Rule Making, MB Docket No. CFR 1.415 and 1.420. to Blanchard, Oklahoma, as a first local 03–181, adopted July 30, 2003 and List of Subjects in 47 CFR Part 73 service, to change the corresponding released August 1, 2003. The full text of channel allotment from Channel 247C1 this Commission decision is available Radio, Radio broadcasting. to Channel 247A, and to modify the for inspection and copying during license of KWEY–FM accordingly. For the reasons discussed in the normal business hours in the FCC preamble, the Federal Communications Channel 247A can be allotted to Reference Information Center (Room Blanchard in compliance with the Commission proposes to amend 47 CFR CY–A257), 445 12th Street, SW., Commission’s minimum distance Part 73 as follows: Washington, DC. The complete text of separation requirements with a site restriction of 2.1 km (1.3 miles) this decision may also be purchased PART 73—RADIO BROADCAST southwest of Blanchard. The from the Commission’s copy contractor, SERVICES coordinates for Channel 247A at Qualex International, Portals II, 445 Blanchard are 35–07–21 North Latitude 12th Street, SW., Room CY–B402, 1. The authority citation for Part 73 and 97–40–18 West Longitude. Washington, DC 20554, telephone (202) continues to read as follows: DATES: Comments must be filed on or 863–2893. Authority: 47 U.S.C. 154, 303, 334 and 336. before September 22, 2003, and reply The Provisions of the Regulatory § 73.202 [Amended] comments on or before October 7, 2003. Flexibility Act of 1980 do not apply to ADDRESSES: Federal Communications this proceeding. Members of the public 2. Section 73.202(b), the Table of FM Commission, Washington, DC 20554. In should note that from the time a Notice Allotments under Oklahoma, is addition to filing comments with the of Proposed Rule Making is issued until amended by adding Blanchard, Channel FCC, interested parties should serve the matter is no longer subject to 247A, and by removing Channel 247C1 counsel for the petitioner as follows: Commission consideration or court at Weatherford. John C. Trent, Putbrese, Hunsaker & review, all ex parte contacts are Federal Communications Commission. Trent, P.C., 100 Carpenter Drive, Suite prohibited in Commission proceedings, John A. Karousos, 100, Post Office Box 217, Sterling, such as this one, which involve channel Virginia 20167–0217. allotments. See 47 CFR 1.1204(b) for Assistant Chief, Audio Division, Media Bureau. FOR FURTHER INFORMATION CONTACT: rules governing permissible ex parte [FR Doc. 03–21504 Filed 8–21–03; 8:45 am] Deborah A. Dupont, Media Bureau (202) contacts. 418–7072. BILLING CODE 6712–01–P

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Notices Federal Register Vol. 68, No. 163

Friday, August 22, 2003

This section of the FEDERAL REGISTER Abstract: The Tobacco Inspection Act collected; and (4) ways to minimize the contains documents other than rules or (7 U.S.C. 511 et seq.) requires that all burden of the collection of information proposed rules that are applicable to the tobacco sold at designated auction on those who are to respond, including public. Notices of hearings and investigations, markets in the U.S. be inspected and the use of appropriate automated, committee meetings, agency decisions and graded. Provision is also made for electronic, mechanical, or other rulings, delegations of authority, filing of petitions and applications and agency interested parties to request inspection technological collection techniques or statements of organization and functions are and grading services on an as needed other forms of information technology. examples of documents appearing in this basis. The Appropriations Act (7 U.S.C. Comments may be sent to Kenneth E. section. 511s) requires that all tobacco eligible Wall, Chief, Standardization and for price support in the U.S. be Review Branch, Tobacco Programs, inspected and graded. Also, the Dairy Agricultural Marketing Service, U.S. DEPARTMENT OF AGRICULTURE and Tobacco Adjustment Act of 1983 (7 Department of Agriculture, Room 511 U.S.C. 511r) requires the Secretary to Cotton Annex Building, Stop 0280, 1400 Agricultural Marketing Service inspect all tobacco offered for Independence Avenue, SW., [Doc. No. TB–03–11] importation into the United States for Washington, DC 20250–0280. All grade and quality, except cigar and comments received will be available for Request for an Extension of and oriental tobacco, which must be public inspection during regular Revision to a Currently Approved certified by the importer as to kind and business hours at the same address. Information Collection type, and in the case of cigar tobacco, All responses to this notice will be that such tobacco will be used solely in summarized and included in the request AGENCY: Agricultural Marketing Service, the manufacture of cigars. for OMB approval. All comments will USDA. The information collection become a matter of public record. ACTION: Notice and request for requirements authorized for the Dated: August 18, 2003. comments. programs under the Tobacco Inspection A.J. Yates, SUMMARY: In accordance with the Act, Appropriations Act, and the Dairy Administrator, Agricultural Marketing Paperwork Reduction Act of 1995 (44 Tobacco Adjustment Act of 1983 Service. U.S.C. chapter 35), this notice include: Application for inspection of [FR Doc. 03–21531 Filed 8–21–03; 8:45 am] announces the Agricultural Marketing tobacco, application and other BILLING CODE 3410–02–P Service’s (AMS) intention to request information used in the approval of new approval from the Office of Management auction markets or the extension of and Budget, for an extension of and services to designated tobacco markets, DEPARTMENT OF AGRICULTURE revision to the currently approved and information required to be provided information collection in support of the in connection with auction and non- Office of the Under Secretary, Dairy and Tobacco Adjustment Act of auction sales. Research, Education, and Economics 1983, the Rural Development, Food and Estimate of Burden: Public reporting burden for this collection of information Notice of the Advisory Committee on Drug Administrative, and Related Biotechnology and 21st Century is estimated to average 0.56 hours per Agencies Appropriations Act for 2002 Agriculture Meeting (Appropriations Act), and the Tobacco response. Inspection Act and Regulations Respondents: Primarily tobacco AGENCY: Agricultural Research Service. Governing the Tobacco Standards. companies, tobacco manufacturers, ACTION: Notice of Meeting. DATES: Comments received by October import inspectors, and small business or 21, 2003, will be considered. organizations. SUMMARY: In accordance with the Federal Advisory Committee Act, 5 ADDITIONAL INFORMATION OR COMMENTS: Estimated Number of Respondents: U.S.C. App., the United States Contact Kenneth E. Wall, Chief, 634. Department of Agriculture announces a Standardization and Review Branch, Estimated Number of Responses per meeting of the Advisory Committee on Tobacco Programs, Agricultural Respondent: 13. Biotechnology and 21st Century Marketing Service, U.S. Department of Estimated Number of Responses: Agriculture (AC21). Agriculture, Room 511 Cotton Annex 8057. Building, Stop 0280, 1400 Estimated Total Annual Burden on DATES: September 15–16, 2003, 8:30 Independence Avenue, SW., Respondents: 4,547. a.m. to 5 p.m. both days. Washington, DC 20250–0280, Comments are invited on: (1) Whether ADDRESSES: The Meeting will take place Telephone (202) 205–0744 and Fax the proposed collection of information at the Waugh Auditorium, USDA (202) 250–1191. is necessary for the proper performance Economic Research Service, Third SUPPLEMENTARY INFORMATION: of the functions of the agency, including Floor, South Tower, 1800 M St., NW., Title: Reporting and Recording whether the information will have Washington, DC 20036. Members of the Requirements for 7 CFR Part 29. practical utility; (2) the accuracy of the public wishing to make oral statements OMB Number: 0581–0056. agency’s estimate of the burden of the should send request, in writing or by e- Expiration Date of Approval: May 31, proposed collection of information mail, to the contact person identified 2004. including the validity of the herein. Written requests may be sent to Type of Request: Extension and methodology and assumptions used; (3) the contact person at: USDA, Office of revision of a currently approved ways to enhance the quality, utility, and the Deputy Secretary, 202B Jamie L. information collection. clarity of the information to be Whitten Federal Building, 12th and

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Independence Avenue, SW., indicate those needs at the time of Abstract: This information is needed Washington, DC 20250. Request should registration. by FSA to effectively administer the Certified State Mediation Program in be received at least 3 business days Edward B. Knipling, before the meeting. accordance with Subtitles A and B of Acting Administrator. Title V of the Agricultural Credit Act of FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–21484 Filed 8–21–03; 8:45 am] 1987 (Pub. L. 100–233). FSA collects the Michael Schechtman, Designated BILLING CODE 3410–18–P information by mail, phone, fax, in Federal Official, Office of the Deputy person, or via the Internet. Although Secretary, Telephone (202) 720–3817; other institutions, public and private, Fax (202) 690–4265; e-mail DEPARTMENT OF AGRICULTURE generally require and collect [email protected]. Farm Service Agency information similar to that requested by FSA, there is a wide diversity in SUPPLEMENTARY INFORMATION: The reporting practices. second meeting of the AC21 has been Request for Extension of a Currently Approved Information Collection— scheduled for September 15–16, 2003. The information to be collected Certified State Mediation Program The AC21 consists of 18 members includes an application for certification, re-verification for subsequent annual representing the biotechnology industry, AGENCY: Farm Service Agency, USDA. approval, SF–424 Application for the seed industry, international plant ACTION: Notice and request for Federal Assistance, audit reports and genetics research, farmers, food comments. financial management systems and manufacturers, commodity processors reporting requirements. and shippers, environmental and SUMMARY: In accordance with the consumer groups, along with academic Paperwork Reduction Act of 1995, this The information requested is reported researchers including a bioethicist. In notice announces the intention of the annually and is necessary for the FSA addition, representatives from the Farm Service Agency (FSA) to request to determine eligibility, and to administer the mediation grant program Departments of Commerce, Health and an extension of approval for the in an equitable and cost-effective Human Services, and State, and the information collection used in support of the Certified State Mediation Program manner. Environmental Protection Agency, the under title 7 of the Code of Federal Council on Environmental Quality, and Estimate of Burden: The public Regulations part 785. The collection of reporting burden for this information the Office of the United States Trade information is used by FSA to Representative serve as ‘‘ex officio’’ collection is estimated to average 34 determine whether a State meets the hours per respondent. members. The Committee meeting will eligibility criteria to be a recipient of Respondents: State agencies. be held from 8:30 am to 5 p.m. on each grant funds, and to determine if the day. The topics to be discussed will grant is being administered Estimated Number of Respondents: include: (1) Approval of a framework for appropriately. Lack of adequate 29. the AC21’s main report; (2) review of a information to make these Estimate Number of Responses per draft outline for the introduction to that determinations could result in the Respondent: 6. report; (3) development of a plan for the improper administration and Estimated Total Annual Burden on preparation of the report and appropriation of Federal grant funds. Respondents: 986 hours. organization of work groups; and (4) DATES: Comments must be received on Comment is invited on: (a) Whether continuation of discussion on impacts or before October 21, 2003 to be assured the collection of information is of biotechnology along the overall food consideration. necessary for the above stated purposes production and distribution system, ADDRESSES: Comments concerning this focusing on potential impacts of new and the proper performance of FSA, notice should be address to Chester including whether the information will value-added biotechnology products Bailey, Mediation Coordinator, USDA, have practical utility; (b) the accuracy of with direct consumer benefits. FSA, Outreach Staff, Room 3716–S, the agency’s estimate of burden, Background information regarding the Stop 0511, 1400 Independence Avenue, including the validity of the work of the AC21 will be available on SW., Washington, DC 20250 and to: the methodology and assumptions used; (c) the USDA Web site at http:// Desk Officer for Agriculture, Office of ways to enhance the quality, utility and www.usda.gov/agencies/biotech/ Information and Regulatory Affairs, clarity of the information being ac21.html. On September 15, 2003, if Office of Management and Budget, collected; and (d) ways to minimize the time permits, reasonable provision will Washington, DC 20503. Comments may burden of the collection of information be made for oral presentations of no be submitted by e-mail to on those who are to respond, including [email protected]. Copies of more than five minutes each in through the use of appropriate the information collection may be duration. The meeting will be open to automate, electronic, mechanical, or obtained by contacting Chester Bailey at the public, but space is limited. If you other technological collation techniques (202) 720–1471. would like to attend the meetings, you or other forms of information FOR FURTHER INFORMATION CONTACT: must register by contacting Ms. Dianne technology. Chester Bailey, FSA, Outreach Staff, Harmon at (202) 720–4074, by fax at Comments will be summarized and telephone (202) 720–1471. (202) 720–3191 or by e-mail at included in the request for Office of [email protected] at least 5 days SUPPLEMENTARY INFORMATION: Management and Budget approval. Title: Certified Mediation Program. prior to the meeting. Please provide OMB Control Number: 0560–0165. Signed in Washington, DC, on August 15, your name, title, business affiliation, Expiration Date of Approval: 2003. address, telephone, and fax number September 10, 2003. James R. Little, when you register. If you require a sign Type of Request: Extension of Administrator, Farm Service Agency. language interpreter or other special Currently Approved Information [FR Doc. 03–21490 Filed 8–21–03; 8:45 am] accommodation due to disability, please Collection. BILLING CODE 3410–05–P

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DEPARTMENT OF AGRICULTURE re-amortization, consolidation, deferral, ACTION: Notice and request for and write down. comments. Farm Service Agency Estimate of Burden: Public reporting burden for this collection of information SUMMARY: In accordance with the Notice of Request for Extension of a is estimated to average 45 minutes per Paperwork Reduction Act of 1995, the Currently Approved Information response. Farm Service Agency (FSA) is seeking Collection—Farm Loan Programs comments from all interested Respondents: Individuals or Account Servicing Policies individuals and organizations on the households, businesses or other for collection of information for a Minority profit and farms. AGENCY: Farm Service Agency, USDA. Farm Register, which is a voluntary Estimated Number of Respondents: ACTION: Notice and request for register of minority farm or ranch 11,672. comments. operators, landowners, tenants and Estimated Number of Responses per others with farming or reaching interest. SUMMARY: In accordance with the Respondent: 1. The Minority Farm register will provide Paperwork Reduction Act of 1995, this Estimated Total Annual Burden on a listing to be used by USDA’s Office of notice announces the intent of the Farm Respondents: 25,302. Outreach and other minority outreach Service Agency (FSA) to request an Comments are sought on these organizations to better serve minority extension of a currently approved requirements including: (a) Whether the farmers and help abate the decline of information collection for ‘‘Farm Loan collection of information is necessary minority farmers throughout the Programs Account Servicing Policies’’ for the proper performance of the country. used in support of the FSA, Farm Loan functions of the agency, including Programs (FLP). This renewal does not whether the information will have DATES: Comments on this notice must be involve any revisions to the program practical utility, (b) the accuracy of the received on or before October 21, 2003 regulations. agency’s estimate of burden including to be assured consideration. Comments received after that date will be DATES: Comments on this notice must be the validity of the methodology and assumptions used; (c) ways to enhance considered to the extent practicable. received on or before October 21, 2003 Comments should reference the OMB to be assured consideration. the quality, utility and clarity of the information to be collected; and (d) number and title of the information FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the collection to which they pertain. Bashir Duale, Senior Loan Officer, ADDRESSES: Comments should be sent to USDA, Farm Service Agency, Loan collection of information on those who are to respond, including through the Ronald W. Holling, Assistant to the Servicing and Property Management Director, Office of Business and Program Division, 1400 Independence Avenue, use of appropriate automated, electronic, mechanical, or other Integration, Farm Service Agency, STOP SW., STOP 0523, Washington, DC 0501, 1400 Independence Avenue, SW., 20250–0523; Telephone (202) 720–1645; technological collection techniques or other forms of information technology. Washington, DC 20250–0501, (202) 720– Electronic mail: 8530; e-mail Ronald [email protected], [email protected]. Comments should be sent to the Desk Officer for Agriculture, Office of and to the Desk Officer for Agriculture, SUPPLEMENTARY INFORMATION: Information and Regulatory Affairs, Office of Information and Regulatory Title: Farm Loan Programs Account Office of Management and Budget, Affairs, Office of Management and Servicing Policies. Washington, DC 20503 and to Bashir Budget, Washington, DC 20503. All OMB Control Number: 0560–0161. Duale, USDA, FSA, Farm Loan comments will become a matter of Expiration Date of Approval: March Programs, Loan Servicing and Property public record. For further information, 31, 2004. Management Division, 1400 contact Ronald Holling at the address Type of Request: Extension of Independence Avenue, SW., STOP listed above. Currently Approved Information 0523, Washington, DC 20250–0523. SUPPLEMENTARY INFORMATION: Collection. Copies of the information collection Title: USDA Minority Farm Register. Abstract: The regulation describes the may be obtained from Bashir Duale at OMB Number: 0560–NEW. policies and procedures the Agency will the above address. Type of Request: Request for Approval use in servicing delinquent FLP loans. All responses to this notice will be of a New Information Collection. Servicing of the accounts is summarized and included in the request Abstract: The purpose of this administered in accordance with the for OMB approval of the information information collection is to create a provisions of the Consolidated Farm collection. All comments will also Minority Farm Register, which is a and Rural Development Act (CONACT), become a matter of public record. voluntary register of minority farm or as amended. The CONACT establishes ranch operators, landowners, tenants required notification by the Agency and Signed in Washington, DC, on August 15, and others with farming or ranching 2003. response time frame requirements for interest. The information to be collected the borrower and Agency actions on the James R. Little, will be name, address, Social Security borrower’s request. Specifically, it Administrator, Farm Service Agency. Number, phone number, race, ethnicity requires a borrower to document that [FR Doc. 03–21491 Filed 8–21–03; 8:45 am] and gender. The names and addresses they can meet family living and farm BILLING CODE 3410–05–P will be the only required information. operating expenses and service all Providing Social Security Numbers, debts, including the loan they are phone numbers, race, ethnicity and proposing to be restructured by the DEPARTMENT OF AGRICULTURE gender will be completely voluntary. Agency. This information submitted by The Register will provide a listing to be Farm Service Agency the borrowers to the Agency is used by used by USDA’s Office of Outreach to the Agency officials to consider a Information Collection: Minority Farm help minority farm and ranch operators financially distressed or delinquent Register who are not land owners to be borrower’s request for debt introduced to FSA’s land ownership restructuring, including rescheduling, AGENCY: Farm Service Agency, USDA. and farm loan programs to acquire land

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and position minority owners of farm technological collection techniques or Title: Timber Operating Plans. and ranch land to be informed of FSA other forms of information technology. OMB Number: 0596–0086. and other USDA farm programs. Except All comments received in response to Expiration Date of Approval: January for Social Security Numbers, this notice, including names and 31, 2004. information on the list may be shared addresses when provided, will be a Type of Request: Extension of an with community-based outreach matter of public record. Comments will information collection previously organizations. The Social Security be summarized and included in the approved by the Office of Management Numbers, when provided, will only be submission for OMB approval. and Budget. used internally by USDA to match the Dated: Signed at Washington, DC, on July Abstract: The information collected is person with their farm program records 10, 2003. used by the agency to plan agency in order to better target outreach efforts. James R. Little, timber sale contract administration Race, ethnicity and gender, when Administrator, Farm Service Agency. workload and to determine whether provided, will be used by USDA and [FR Doc. 03–21532 Filed 8–21–03; 8:45 am] timber sale purchasers had scheduled minority outreach organizations that operations delayed and; therefore, are BILLING CODE 3410–05–P serve the particular clientele. eligible for an extension of the contract The Minority Farm Register will be termination date. The information is established by FSA and jointly DEPARTMENT OF AGRICULTURE required by timber sale contract administered with USDA’s Office of provisions in Form FS 2400–6, Timber Outreach. A specific register sign-up Forest Service Sale Contract, and Form FS 2400–6T, form will be issued in Spanish and Timber Sale Contract. English. Informational registration Information Collection; Timber Sale Respondents are National Forest material will be distributed to Operating Plans System land timber sale purchasers who community-based organizations, prepare a chart or letter within 60 days AGENCY: Forest Service, USDA. minority-serving educational of a timber sale contract award, and institutions, and government agencies ACTION: Notice; request for comment. annually thereafter until the contract is assisting minorities with land retention SUMMARY: In accordance with the completed. The timber sale purchaser and acquisition, and will be available on Paperwork Reduction Act of 1995, the outlines timeframes and methods of the internet to ensure the program is Forest Service is seeking comments accomplishing road construction, timber widely publicized and accessible to all. from all interested individuals and harvesting, and other contract Community-based organizations, organizations on the extension of a requirements. minority-serving educational previously approved information Forest Service personnel evaluate the institutions and other groups serving collection for Timber Sale Operating collected information to facilitate timber minority clientele will be partnered Plans. The collected information will sale contract administration and to with as needed. The USDA is requesting help the Forest Service facilitate determine eligibility for National Forest a 3-year extension of approval. contract administration of timber sales System land timber sale contract term This information collection was on National Forest System lands. extensions. Data gathered in this previously approved by OMB for Information will be collected from information collection are not available USDA’s Office of Outreach under OMB purchasers of this timber. from other sources. Control Number 0508–0004. The Estimate of Annual Burden: 30 DATES: Comments must be received in collection is being transferred to FSA minutes per response. writing on or before October 21, 2003. and approval is being sought as a new Type of Respondents: Purchasers of collection of information. ADDRESSES: All comments should be National Forest System timber. Respondents: Individuals and addressed to Rex Baumback, Forest and Estimated Annual Number of households. Rangelands Management, 1400 Respondents: 2500. Estimated annual number of Independence Avenue, SW., Mail Stop Estimated Annual Number of respondents: 54,000. 1105, Washington, DC 20250–1105. Responses per Respondent: 1.5. Estimated annual number of forms Comments also may be submitted via Estimated Total Annual Burden on filed per person: 1. facsimile to (202) 205–1045 or by e-mail Respondents: 1,875 hours. Estimated average time to respond: 5 to: [email protected]. minutes (0.083 hours). The public may inspect comments Comment Is Invited Estimated total annual burden hours: received in the Office of the Director, The agency invites comments on the 4,500. Forest and Rangelands Management following: (a) The necessity of the Comments are invited on (1) whether Staff, Forest Service, USDA, Room information collection for the stated the collection of information is 3NW, Yates Building, 1400 purposes and the proper performance of necessary for the proper performance of Independence Avenue, SW., the functions of the agency, including the functions of the agency, including Washington, DC. Visitors are urged to whether the information will have whether the information will have call ahead to (202) 205–0855 facilitate practical or scientific utility; (b) the practical utility; (2) the accuracy of the entrance into the building. accuracy of the agency’s estimate of the agency’s estimate of burden, including FOR FURTHER INFORMATION CONTACT: Rex burden of the proposed collection of the validity of the methodology and Baumback, Timber Sale Contract information, including the validity of assumptions used; (3) ways to enhance Administration Specialist, Forest and the methodology and assumptions used; the quality, utility and clarity of the Rangelands Management, at (202) 205– (c) ways to enhance the quality, utility, information to be collected; and (4) 0855. and clarity of the information collected; ways to minimize the burden of the SUPPLEMENTARY INFORMATION: and (d) ways to minimize the collection of information on those who information collection burden on are to respond, including through the Description of Information Collection respondents, including the use of use of appropriate automated, The following describes the automated, electronic, mechanical, or electronic, mechanical, or other information collection to be extended: other technological collection

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techniques or other forms of information E. Broadway, Missoula, MT 59802. DEPARTMENT OF AGRICULTURE technology. Comments may also be electronically Forest Service Use of Comments submitted to [email protected]. All comments received in response to FOR FURTHER INFORMATION CONTACT: Curry and Hill Private Property Access, this notice, including names and Marty Gardner, Interdisciplinary Team Medicine Bow-Routt National Forests, addresses when provided, will become Leader, Beaverhead-Deerlodge National Jackson County, CO a matter of public record. Comments Forest, 420 Barrett, Dillon, MT 59725, AGENCY: USDA, Forest Service. will be summarized and included in the phone (406) 683–3860, or e-mail request for Office of Management and [email protected]. ACTION: Notice of Intent to prepare an Environmental Impact Statement. Budget approval. Responsible Official: Bradley E. Dated: August 15, 2003. Powell, Regional Forest, Northern SUMMARY: The Forest Service will Abigail R. Kimbell, Region, 200 E. Broadway, Missoula, MT prepare an Environmental Impact Associate Deputy Chief, National Forest 59807 Statement (EIS) to assess and disclose System. the environmental effects of issuing a SUPPLEMENTARY INFORMATION: We are [FR Doc. 03–21579 Filed 8–21–03; 8:45 am] road easement to allow motorized revising the original Notice of Intent BILLING CODE 3410–11–P access to private property surrounding (Federal Register, Vol. 67, No. 86, page Matheson Reservoir. Matheson 22396, May 3, 2002), in order to provide Reservoir and the Curry and Hill private DEPARTMENT OF AGRICULTURE a detailed proposed action for public property are located in Township 4 review and comment. We are North, Range 79 West, Section 19 on the Forest Service coordinating efforts with the Bureau of Parks Ranger District of the Routt Land Management, Tribes, Montana Beaverhead-Deerlodge National Forest National Forest in Colorado. Fish, Wildlife, and Parks as well as Proponents have requested a road Land and Resource Management Plan County Commissioners. In order to Revision. Beaverhead-Deerlodge easement for year-round motorized generate meaningful dialogue with the access across National Forest System National Forest in Beaverhead, Butte- public we hope to meet with any Silver Bow; Anaconda-Deer Lodge, (NSF) lands to their property for non- interested groups or individuals upon commercial purposes. Access would be Granite, Jefferson, Powell, Madison request. To request a presentation for and Gallatin Counties, MT granted through the Alaska National meetings at any time during the analysis Interest Lands Conservation Act of 1980 AGENCY: Forest Service, USDA. and prior to the Draft Environmental (Pub. L. 96–487). As proposed, the ACTION: Notice of intent to prepare an Impact Statement call Marty Gardner at proponents would access NFS lands in Environmental Impact Statement. (406) 683–3860 or e-mail Township 3 North, Range 79 West, [email protected]. We plan no formal Section 8 and proceed north SUMMARY: The USDA, Forest Service, public hearings at this time. approximately 5 miles to Township 4 Beaverhead-Deerlodge National Forest, To assist the Forest Service with North, Range 79 West, Section 19 will prepare an Environmental Impact utilizing National Forest System Trail Statement (EIS) to document the identification and consideration of issues and concerns regarding the 58, also known as the Grimes Trail. The analysis and disclose the environmental Grimes Trail has been closed to impacts of the proposed action to revise proposed action, comments should be as specific as possible. It is also helpful if motorized use since 1994, and major and combine Land and Resource improvements would be necessary to Management Plans for the Beaverhead comments refer to specific pages or sections of the proposed action. accommodate full-size vehicles. and Deerlodge National Forests. The The portion of the Grimes Trail that proposal seeks to integrate resource Reviewers may wish to refer to the Council on Environmental Quality accesses the private land is located in a management and incorporate larger non-motorized management area place-based management areas. A Regulations for implementation of procedural provisions of the National prescription (1.32, Backcountry Notice of Intent was published May 3, Recreation, Non-motorized). It is also 2002, in the Federal Register, Vol. 67, Environmental Policy Act at 40 CFR 1503.3. located in the Troublesome Inventoried No. 86, p. 22396. This is a revision of Roadless Area. For these reasons, that notice in order to provide a detailed Additional public comment will be authorization of a road easement would proposed action for public review and accepted after publication of the DEIS require an amendment to the Routt comment. anticipated by December 2004. The National Forest Land and Resource PUBLIC INVOLVEMENT: The public is Environmental Protection Agency will Management Plan (Forest Plan, 1997). invited to comment on the Proposed publish the Notice of Availability of the The purpose for this action is to Action or meet with Marty Gardner at Draft Environmental Impact Statement decide the type of access Curry and Hill any point in time during the 90-day in the Federal Register. The Forest will need to secure reasonable use and comment period beginning on August also publish a legal notice of availability enjoyment of their land in Section 19, 22, 2003. Contact Marty at (406) 683– in the Montana Standard Newspaper, T4N, R79W. Reasonable use per 36 CFR 3680 or e-mail [email protected], to Butte, Montana. The comment period on 251.114(a) is ‘‘based on schedule a meeting. To get on the the Draft EIS will begin the day after the contemporaneous uses made of mailing list contact Jack Degolia (406) legal notice is published. The Final EIS similarly situated lands in the area.’’ 683–3984, or e-mail [email protected]. and Decision are expected late in 2005. The need for the action is to respond DATES: Initial comments concerning the Dated: August 6, 2003. to Curry and Hill’s request that the proposed action should be received in Forest Service issue an easement for writing, no later than 90 days from the Bradley E. Powell, motorized use of the Grimes Trail. The publication of this notice of intent. Regional Forester. Forest Service must also determine the ADDRESSES: Please send comments to [FR Doc. 03–20989 Filed 8–21–03; 8:45 am] terms and conditions under which the Herrera Environmental Consultants, 101 BILLING CODE 3410–11–M proponents may access the Curry and

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Hill private property while protecting a road easement for year-round alternatives, and the comments National Forest resources and motorized access across National Forest submitted during the public improvements. System (NFS) lands to the Curry and participation process, the responsible The Forest Service is giving notice Hill private property for non- official must decide: that it is beginning a full environmental commercial purposes. As proposed, the • Whether or not to provide access analysis and decision-making process proponents would access NFS lands in across NFS land currently located in a for this proposal so that potentially Township 3 North, Range 79 West, interested or affected individuals, Section 8 and proceed north non-motorized management area agencies, or organizations can approximately 5 miles to Township 4 prescription (Proposed Action) or to participate in the process and contribute North, Range 79 West, Section 19 require alternate access; and to the final decision. All comments and utilizing National Forest System Trail • The terms and conditions under suggestions on the scope of the analysis 58, also known as the Grimes Trail. The which the proponents may access the and decision-making process are Grimes Trail has been closed to Curry and Hill private property while welcome. motorized use since 1994, and major also protecting the surface natural DATES: Public scoping to determine the improvements would be necessary to resources in the area. effects of issuing a road easement for the accommodate full-size vehicles. The portion of the Grimes Trail that Reviewer Obligations: The comment Grimes Trail is initiated through period for this proposal will be 30 days publication of this Notice of Intent in accesses the private land is located in a non-motorized management area from the day after this Notice of Intent the Federal Register. Written comments is published in the Federal Register. and suggestions should be postmarked prescription (1.32, Backcountry within 30 days of the day after this Recreation, Non-motorized). It is also Release of Names: Comments notice is published in the Federal located in the Troublesome Inventoried received in response to this solicitation, Register to receive consideration. A Roadless Area. For these reasons, including names and addresses of those draft EIS that will have a 45-day public authorization of a road easement would who comment, will be considered part comment period is expected in require an amendment to the Routt of the public record on this Proposed November 2003. A final decision is National Forest Land and Resource Action and will be available for public expected in March 2004. Management Plan (Forest Plan, 1997). inspection. Comments submitted Alternative Access: The Forest Service anonymously will be accepted and ADDRESSES: Send written comments to would authorize access to the private Melissa Martin, Medicine Bow-Routt land from the north in a motorized considered; however, those who submit National Forests Supervisor’s Office, portion of National Forest. Access anonymous comments will not have 2468 Jackson Street, Wyoming 82070. would be off of State Highway 125 to standing to appeal the subsequent Electronic mail (e-mail) may be sent to National Forest Service Road (NFSR) decision under 36 CFR parts 215 or 217. [email protected] and FAX may be 106, also known as the Willow Creek Additionally, pursuant to 7 CFR 1.27(d), sent to (307) 745–2398. Telephone: Road. From there, access would be off any person may request the agency to (307) 745–2371. of NFSR 730 to NFSR 107. NFSR 107 withhold a submission from the public FOR FURTHER INFORMATION CONTACT: Tom terminates where it intersects Sheep record by showing how the Freedom of Florich, Recreation and Lands Program Creek and connects with Trail 57 on the Information Act (FOIA) permits such Manager, Medicine Bow-Routt National other side. Trail 57 crosses a riparian confidentiality. Persons requesting such Forests, 2468 Jackson Street, Laramie, area before entering the private land. To confidentiality should be aware that, Wyoming 82070. Telephone: (307) 745– avoid the riparian area, roughly 3⁄4 of a under the FOIA, confidentiality may be 2435. mile of road construction would be granted in only very limited SUPPLEMENTARY INFORMATION: Curry and necessary. circumstances, such as to protect trade Hill had been accessing their private No Action: The Forest Service would secrets. The Forest Service will inform land north off of County Road 2, located deny request for the easement and the requester of the agency’s decision in Jackson County, Colorado, through would issue an Off-road Vehicle Use regarding the request for confidentiality, another private landowner’s property, permit for limited use of All Terrain and where the request is denied, the through BLM land, onto NFS land. Vehicles (ATVs) on the Grimes Trail. No agency will return the submission and Although Curry and Hill claim access improvements to the Grimes Trail notify the requester that the comments was deeded through the other private would be necessary. may be resubmitted with or without landowner on April 30, 1918, the Preliminary Issues: The following name and address within ten (10) days. private landowner has been denying preliminary issues have been identified: Curry and Hill access. Litigation is • Roadless area road construction/ Responsible Official: The responsible currently pending to determine whether reconstruction (motorized access in a official is the Forest Supervisor of the or not Curry and Hill have legal access non-motorized prescription). Medicine Bow-Routt National Forests. across this private land. The Grimes Decisions To Be Made: The Forest As the Responsible Official, I will Service is required to provide, subject to Trail has been closed to motorized use decide which, if any, of the alternatives reasonable rules and regulations, access since 1994. to be described in the draft across NFS lands as deemed adequate Since the matter of reasonable access Environmental Impact Statement will to this inholding must be resolved, for landowner’s reasonable enjoyment of implemented. I will document the subject to rules and regulations, the their property. However, the Forest decision and reasons for my decision in Forest Service has decided that it would Service is not required to provide the be prudent to address the proposal at most direct, economical, or convenient a Record of Decision. this time. route for the landowner. The Forest Dated: August 15, 2003. Service must assure that the access Preliminary Alternatives: Proposed Mary H. Peterson, provided is acceptable within the Medicine Bow-Routt National Forests. Action—Road Easement guidelines of the Forest Plan. Authorization: Under the Proposed Based on the above information, the [FR Doc. 03–21567 Filed 8–21–03; 8:45 am] Action, the Forest Service would issue environmental effects of the BILLING CODE 3410–GM–M

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DEPARTMENT OF AGRICULTURE Environmental Quality Regulations (40 Larry D. Butler, Ph.D, State CFR part 1500); and the Natural Conservationist. Natural Resources Conservation Resources Conservation Service No administrative action on Service Regulations (7 CFR part 650); the implementation of the proposal will be Natural Resources Conservation Service, taken until 30 days after the date of this Notice of Availability of a Finding of No U.S. Department of Agriculture, gives publication in the Federal Register. Significant Impact (FONSI) notice that an environmental impact Dated: July 31, 2003. AGENCY: Natural Resources statement is not being prepared for the Larry D. Butler, rehabilitation of Floodwater Retarding Conservation Service, USDA. State Conservationist. Structure Nos. 3D, 3E, and 5A of the ACTION: Notice of availability of a East Fork Above Lavon Watershed of the [FR Doc. 03–21493 Filed 8–21–03; 8:45 am] Finding of No Significant Impact for a BILLING CODE 3410–16–P project on Conrad Creek for review and Trinity River Watershed. comment. FOR FURTHER INFORMATION CONTACT: Larry D. Butler, State Conservationist, COMMITTEE FOR PURCHASE FROM SUMMARY: The NRCS has issued a Natural Resources Conservation Service, PEOPLE WHO ARE BLIND OR Finding of No Significant Impact 101 South Main, Temple, Texas 76501– SEVERELY DISABLED (FONSI) for a stream restoration project 7682, Telephone (254) 742–9800. on a private landowner’s land on SUPPLEMENTARY INFORMATION: The Procurement List; Additions Conrad Creek. A copy of the FONSI and environmental assessment of this the final Environmental Assessment federally assisted action indicates that AGENCY: Committee for Purchase from (EA) is available for public review at the the project will not cause significant People Who Are Blind or Severely following locations: local, regional, or national impacts on Disabled. • NRCS Office, 157 NW. 15th, Unit 1, the environment. As a result of these ACTION: Additions to Procurement List. Newport, OR 97365; findings, Larry D. Butler, State SUMMARY: • Siuslaw Soil and Water Conservationist, has determined that the This action adds to the Conservation District Office, 1525 12th preparation and review of an Procurement List products and services Street, Suite F, Florence, OR 97439; environmental impact statement is not to be furnished by nonprofit agencies • Florence Public Library, 1460 9th needed for this project. employing persons who are blind or Street, Florence, OR 97439; The project will rehabilitate have other severe disabilities. • Additional copies may be obtained Floodwater Retarding Structure (FRS) EFFECTIVE DATE: September 21, 2003. by contacting Kate Danks, NRCS, 541– Nos. 3D, 3E, and 5A to maintain the ADDRESSES: Committee for Purchase 265–2631. present level of flood control benefits From People Who Are Blind or Severely DATES: Comments will be received on or and comply with the current Disabled, Jefferson Plaza 2, Suite 10800, before September 22, 2003. performance and safety standards. 1421 Jefferson Davis Highway, ADDRESSES: Address all requests and Rehabilitation of FRS Nos. 3D, 3E, Arlington, Virginia, 22202–3259. comments to Kate Danks, District and 5A will require the disturbance of FOR FURTHER INFORMATION CONTACT: Conservationist, Natural Resources 14.2 acres. The modification of FRS Sheryl D. Kennerly, (703) 603–7740. Conservation Service (NRCS), 157 NW. Nos. 3D, 3E, and 5A will include the SUPPLEMENTARY INFORMATION: On August 15th, Unit 1, Newport, OR 97365; (541)– addition of principal spillway and 2, and December 6, 2002, May 2, May 265–9351 (fax). auxiliary spillway capacity to each 9, May 30, June 20, and June 27, 2003, FOR FURTHER INFORMATION CONTACT: Kate structure to meet current performance the Committee for Purchase From Danks, NRCS, 541–265–2631. and safety standards for high hazard People Who Are Blind or Severely dams. The disturbed areas will be Disabled published notice (67 FR 50416, Dated: August 11, 2003. planted to plants that have wildlife and 72640, 68 FR 23441, 24919, 32458, Bob Graham, values. The proposed work will not 36972, and 38288) of proposed State Conservationist, Portland, OR. affect any prime farmland, endangered additions to the Procurement List. [FR Doc. 03–21494 Filed 8–21–03; 8:45 am] or threatened species, wetlands, or After consideration of the material BILLING CODE 3410–16–P cultural resources. presented to it concerning capability of Federal assistance will be provided qualified nonprofit agencies to provide under authority of the Small Watershed the products and services and impact of DEPARTMENT OF AGRICULTURE Rehabilitation Amendments of 2000 the additions on the current or most (section 313, Pub. L. 106–472). Total recent contractors, the Committee has Natural Resources Conservation project costs is estimated to be determined that the products and Service $3,289,715, of which $2,250,485 will be services listed below are suitable for paid from the Small Watershed Rehabilitation of Floodwater Retarding procurement by the Federal Government Rehabilitation funds and $1,039,230 Structure Nos. 3D, 3E, and 5A of the under 41 U.S.C. 46–48c and 41 CFR 51– from local funds. East Fork Above Lavon Watershed of 2.4. The notice of a Finding of No the Trinity River Watershed, Collin Significant Impact (FONSI) has been Regulatory Flexibility Act Certification County, TX forwarded to the Environmental I certify that the following action will AGENCY: Natural Resources Protection Agency and to various not have a significant impact on a Conservation Service, USDA. Federal, State, and local agencies and substantial number of small entities. ACTION: Notice of a Finding of No interested parties. A limited number of The major factors considered for this Significant Impact. copies of the FONSI are available to fill certification were: single copy requests at the above 1. The action will not result in any SUMMARY: Pursuant to section 102(2)(c) address. Basic data developed during additional reporting, recordkeeping or of the National Environmental Policy the environmental assessment are on other compliance requirements for small Act of 1969; the Council on file and may be reviewed by contacting entities other than the small

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organizations that will furnish the Rico Fort Shafter, Buildings 344 and 1507, products and services to the ICAT Airport, Louis Munoz Marin Hawaii Government. International Airport Carolina, Schofield Barracks, Buildings 690, 2. The action will result in Puerto Rico 692 and 1087, Hawaii authorizing small entities to furnish the Isla Grande Airport, Isla Grande, NPA: Network Enterprises, Inc., products and services to the Puerto Rico Honolulu, Hawaii Government. Mayaguez Customhouse, Mayaguez, Contract Activity: U.S. Army Support 3. There are no known regulatory Puerto Rico Command, Fort Shafter, Hawaii alternatives which would accomplish Mayaguez Customhouse, San Juan, Service Type/Location: Janitorial/ the objectives of the Javits-Wagner- Puerto Rico Custodial, U.S. Customs Service, O’Day Act (41 U.S.C. 46–48c) in Miramar Customhouse, San Juan, 8855 NE Airport Way, Portland, connection with the products and Puerto Rico Oregon services proposed for addition to the Panamerican Dock, Isla Grande, NPA: Portland Habilitation Center, Inc., Procurement List. Puerto Rico Portland, Oregon Ponce Customhouse, Ponce, Puerto Contract Activity: U.S. Customs Service, End of Certification Rico Indianapolis, Indiana Accordingly, the following products San Juan Customhouse, San Juan, Service Type/Location: Janitorial/ and services are added to the Puerto Rico Custodial, Western Area Power Procurement Lists: NPA: The Corporate Source, Inc., New Administration, Devils Lake York, New York Substation, Devils Lake, North Products Contract Activity: U.S. Customs Service, Dakota Product/NSN: Rochester Midland Indianapolis, Indiana NPA: Lake Region Corporation, Devils Envirocare Products Service Type/Location: Custodial Lake, North Dakota 7930–00–NIB–0253, Carpet & Services, Defense Finance and Contract Activity: Western Area Power Upholstery Cleaner Accounting Service (DFAS)— Administration, Bismarck, North 7930–00–NIB–0254, Food Service Denver Center, Denver, Colorado Dakota Service Type/Location: Janitorial/ Cleaner NPA: North Metro Community Services Grounds Maintenance 7930–00–NIB–0255, Glass Cleaner for Developmentally Disabled, Bureau of Customs and Border 7930–00–NIB–0256, Hand Soap Westminister, Colorado Protection, McAllen Sector Quonset 7930–00–NIB–0257, LiquiBac Contract Activity: 460th Air Base Wing, Hut, McAllen, Texas 7930–00–NIB–0258, Low Foam All Buckley AFB, Colorado Bureau of Customs and Border Service Type/Location: Dining Facility Purpose Cleaner Protection, Traffic Checkpoint 7930–00–NIB–0259, Neutral Attendant Services (Sarita)—McAllen Sector, Disinfectant 29th Engineering Battalion, Building Kingsville, Texas 7930–00–NIB–0260, Tough Job 503B, Fort Shafter, Hawaii Bureau of Customs and Border 7930–00–NIB–0261, Washroom & 65th Engineering Battalion, Building Protection, Traffic Checkpoint— Fixture Cleaner 1492, Schofield Barracks, Hawaii McAllen Sector, Brownsville, Texas NPA: Lighthouse for the Blind, St. NPA: Opportunities for the Retarded, Bureau of Customs and Border Louis, Missouri Inc., Wahiawa, Hawaii Protection, Traffic Checkpoint— Contract Activity: Office Supplies & Contract Activity: U.S. Army Support McAllen Sector, Falfurrias, Texas Paper Products Acquisition Center, Command, Fort Shafter, Hawaii Bureau of Customs and Border New York, New York Service Type/Location: Facilities/ Protection, Traffic Checkpoint Grounds Maintenance, Addicks Services (Mercedes)—McAllen Sector, Field Office and Compound Storage Weslaco, Texas Service Type/Location: Administrative Yard, Barker Visitors Areas, Dams, Bureau of Customs and Border Services, INS, Secure Electronic Reservoirs & Related Facilities, Protection Station, Electronic/ Network for the Traveler’s Rapid Houston, Texas Technical McAllen Sector, Inspection, (SENTRI) Enrollment NPA: Training, Rehabilitation, & Kingsville, Texas Center, Otay Mesa, California Development Institute, Inc., San Bureau of Customs and Border NPA: Job Options, Inc., San Diego, Antonio, Texas Protection Station, McAllen Sector, California Contract Activity: U.S. Army Corps of Corpus Christi, Texas Contract Activity: Immigration and Engineers, Galveston, Texas Bureau of Customs and Border Naturalization Service, DOJ Service Type/Location: Janitorial & Protection Station (McAllen Sector) Service Type/Location: Catering Service, Related Services, New Federal Falfurrias, Texas Military Entrance Processing Building, Youngtown, Ohio Bureau of Customs and Border Station, Albany, New York NPA: Youngstown Area Goodwill Protection Station (McAllen Sector) NPA: Albany County Chapter, NYSARC, Industries, Youngstown, Ohio Harlingen, Texas Inc., Slingerlands, New York Contract Activity: GSA, Public Bureau of Customs and Border Contract Activity: Directorate of Buildings Service (5P), Chicago, Protection Station (McAllen Sector) Contracting, Fort Knox, Kentucky Illinois Rio Grande City, Texas Service Type/Location: Custodial Service Type/Location: Janitorial/ NPA: Training, Rehabilitation, & Service Custodial, Childcare Development Development Institute, Inc., San Aguadilla Customhouse, Aguadilla, Center Andersen AFB, Guam Antonio, Texas Puerto Rico NPA: Able Industries of the Pacific, Contract Activity: Immigration and CARIT Building, Guynabo, Puerto Tamuning, Guam Naturalization Service, DOJ Rico Contract Activity: 36th CONS/LGCD, Service Type/Location: Office Supply Cruise Ship Piers (1, 4, 6 & Front Andersen AFB, Guam Store, Department of Housing and Pier), Old San Juan, Puerto Rico Service Type/Location: Janitorial/ Urban Development, St. Louis, Fajardo Customhouse, Fajardo, Puerto Custodial Missouri

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NPA: Alphapointe Association for the 2. If approved, the action will result 7. Discussion on Automated Export Blind, Kansas City, Missouri in authorizing small entities to furnish System filer licensing proposal and Contract Activity: U.S. Department of the service to the Government. revised option 4 criteria. Housing and Urban Development, 3. There are no known regulatory 8. Discussion on technology controls. St. Louis, Missouri alternatives which would accomplish 9. Discussion on Transshipment This action does not affect current the objectives of the Javits-Wagner- Country Export Control Initiative contracts awarded prior to the effective O’Day Act (41 U.S.C. 46–48c) in ‘‘best practices’’. connection with the service proposed 10. Reports from working groups. date of this addition or options that may The meeting will be open to the be exercised under those contracts. for addition to the Procurement List. Comments on this certification are public and a limited number of seats Sheryl D. Kennerly, invited. Commenters should identify the will be available. Reservations are not Director, Information Management. statement(s) underlying the certification accepted. To the extent time permits, [FR Doc. 03–21562 Filed 8–21–03; 8:45 am] on which they are providing additional members of the public may present oral BILLING CODE 6353–01–P information. statements to the Committee. Written statements may be submitted at any End of Certification time before or after the meeting. COMMITTEE FOR PURCHASE FROM The following service is proposed for However, to facilitate distribution of PEOPLE WHO ARE BLIND OR addition to Procurement List for public presentation materials to SEVERELY DISABLED production by the nonprofit agencies Committee members, the Committee listed: suggests that presenters forward the Procurement List; Proposed Addition public presentation materials, two Service weeks prior to the meeting date, to the AGENCY: Committee for Purchase From Service Type/Location: Custodial following address: Ms. Lee Ann People Who Are Blind or Severely Services, Whidbey Island Naval Air Carpenter, OSIES/EA/BIS MS: 3876, Disabled. Station, Building 2644, Oak Harbor, U.S. Department of Commerce, 14th St. ACTION: Proposed Addition to Washington & Constitution Ave., NW., Washington, Procurement List. NPA: News Leaf, Inc., Oak Harbor, DC 20230. Washington For more information contact Lee Ann SUMMARY: The Committee is proposing Contract Activity: Naval Facilities Carpenter on (202) 482–2583. to add to the Procurement List a service Engineering Command, Oak Harbor, Dated: August 19, 2003. to be furnished by nonprofit agencies Washington employing persons who are blind or Lee Ann Carpenter, have other severe disabilities. Sheryl D. Kennerly, Committee Liaison Officer. COMMENTS MUST BE RECEIVED ON OR Director, Information Management. [FR Doc. 03–21526 Filed 8–21–03; 8:45 am] BEFORE: September 21, 2003. [FR Doc. 03–21563 Filed 8–21–03; 8:45 am] BILLING CODE 3510–JT–M BILLING CODE 6353–01–P ADDRESSES: Committee for Purchase From People Who Are Blind or Severely DEPARTMENT OF COMMERCE Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, DEPARTMENT OF COMMERCE International Trade Administration Arlington, Virginia, 22202–3259. Bureau of Industry and Security FOR FURTHER INFORMATION CONTACT: Initiation of Antidumping and Sheryl D. Kennerly, (703) 603–7740. Regulations and Procedures Technical Countervailing Duty Administrative Advisory Committee; Notice of Open Reviews and Request for Revocation SUPPLEMENTARY INFORMATION: This in Part notice is published pursuant to 41 Meeting U.S.C. 47(a) and 41 CFR 51–2.3. Its The Regulations and Procedures AGENCY: Import Administration, purpose is to provide interested persons Technical Advisory Committee will International Trade Administration, an opportunity to submit comments of meet on September 9, 2003, 9 a.m., Department of Commerce. the proposed actions. If the Committee Room 3884, in the Herbert C. Hoover ACTION: Notice of Initiation of approves the proposed additions, the Building, 14th Street between Antidumping and Countervailing Duty entities of the Federal Government Constitution and Pennsylvania Administrative Reviews and Requests identified in the notice for each product Avenues, NW., Washington, DC. The for Revocation in Part. or service will be required to procure Committee advises the Office of the the service listed below from nonprofit SUMMARY: The Department of Commerce Assistant Secretary for Export (the Department) has received requests agencies employing persons who are Administration on implementation of blind or have other severe disabilities. to conduct administrative reviews of the Export Administration Regulations various antidumping and countervailing Regulatory Flexibility Act Certification (EAR) and provides for continuing duty orders and findings with July review to update the EAR as needed. I certify that the following action will anniversary dates. In accordance with not have a significant impact on a Agenda the Department’s regulations, we are initiating those administrative reviews. substantial number of small entities. 1. Opening remarks by the Chairman. The major factors considered for this 2. Presentation of papers or comments The Department also received requests certification were: by the public. to revoke three antidumping duty orders 1. If approved, the action will not 3. Update on pending regulations. in part. result in any additional reporting, 4. Discussion on penalty guidelines. EFFECTIVE DATE: August 22, 2003. recordkeeping or other compliance 5. Discussion on the Enhanced FOR FURTHER INFORMATION CONTACT: requirements for small entities other Proliferation Control Initiative. Holly A. Kuga, Office of AD/CVD than the small organizations that will 6. Discussion on deemed export Enforcement, Import Administration, furnish the service to the Government. licensing. International Trade Administration,

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U.S. Department of Commerce, 14th reviews of various antidumping and Initiation of Reviews Street and Constitution Avenue, NW., countervailing duty orders and findings Washington, DC 20230, telephone: (202) with July anniversary dates. The In accordance with 19 CFR 482–4737. Department also received timely 351.221(c)(1)(i), we are initiating SUPPEMENTARY INFORMATION: requests to revoke in part the administrative reviews of the following antidumping and countervailing duty Background antidumping duty orders on Silicon Metal from Brazil, Canned Pineapple orders and findings. We intend to issue The Department has received timely Fruit from Thailand and Bulk Aspirin the final results of these reviews not requests, in accordance with 19 CFR from the People’s Republic of China. later than July 31, 2004. 351.213(b)(2002), for administrative

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Antidumping Duty Proceedings Brazil: Silicon Metal, A–351–806 ...... 7/1/02–6/30/03 Companhia Brasileira Carbureto De Calcio Companhia Ferroligas Minas Gerais-Minasligas Chile: Individual Quick Frozen Red Raspberries, A–337–806 ...... 12/31/01–6/30/03 Agricola Nova Ltda. Agroindustrial Frisac Ltda. Agroindustrial Merco Trading Ltda. Agroindustria Sagrada Familia Ltda. Agroindustrial Frutos del Maipo Ltda. Agross S.A. Alimentos Proeteo Ltda. Alimentos Frutos S.A. Andesur S.A. Arvalan S.A. Armijo Carrasco, Claudio del Carmen Bajo Cero S.A. Certified Pure Ingredients (Chile) Inc. y Cia. Ltda. Chile Andes Foods S.A. Angloeuro Comercio Exterior S.A. Comercializadora Agricola Berries & Fruit Ltda. Comercializadora de Alimentos del Sur Ltda. Comercio y Servicios S.A. Copefrut S.A. C y C Group S.A. Exportaciones Meyer S.A. Multifrigo Valparaiso S.A. Exportadora Pentagro S.A. Agroindustria Framberry Ltda. Francisco Nancuvilu Punsin Frigorifico Ditzler Ltda. Frutas de Guaico S.A. Fruticola Olmue S.A. Fruticola Viconto S.A. Hassler Monckeberg S.A. Hortifrut S.A. Interagro Comercio Y Ganado S.A. Kugar Export Ltda. Maria Teresa Ubilla Alarcon Prima Agrotrading Ltda. Procesadora y Exportadora de Frutas y Vegetales Ltda. Santiago Comercio Exterior Exportaciones Ltda. Sociedad Agricola Valle del Laja Ltda. Sociedad Exportaciones Antiquino Ltda. Sociedad San Ernesto Ltda. Terra Natur S.A. Terrazas Export S.A. Uren Chile S.A. Valles Andinos S.A. Vital Berry Marketing S.A. Rio Teno S.A. Nevada Export S.A. Agroindustrias San Francisco Ltda. Agroindustria Niquen Ltda. Agroindustria y Frigorifico M y M Ltda. Agrocomercial Las Tinajas Ltda. France: Stainless Steel Sheet and Strip in Coils, A–427–814 ...... 7/1/02–6/30/03 Ugine & ALZ France S.A. Germany: Industrial Nitrocellulos, A–428–803 ...... 7/1/02–6/30/03 Hagedorn AG Wolff Walsrode AG Germany: Stainless Steel Sheet and Strip in Coils A–428–825 ...... 7/1/02–6/30/03

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Krupp Thyssen Nirosta GmbH Thyssen Krupp VDM GmbH India: Polyethylene Terephthalate (PET) Film, A–533–824 ...... 12/21/01–6/30/03 Jindal Polyester Limited of India Iran: In-Shell Pistachios, A–507–502 ...... 7/1/02–6/30/03 Nima Trading Company Italy: Certain Pasta, A–475–818 ...... 7/1/02–6/30/03 Barilla Alimentare, S.p.A. Rummo S.p.A. Molino e Pastificio Pastificio Antonio Pallante S.r.L. Industrie Alimentari Molisane S.r.I. Pastifico Fratelli Pagani S.p.A. Prodotti Alimentari Meridionali Pastificio Guido Ferrara S.r.L. Pastificio Garofalo S.p.A. Industrie Alimentare Colavita, S.p.A. Pastificio Riscossa F. Illi Mastromauro, S.r.L. Pastificio Carmine Russo S.p.A./Pastificio Di Nola S.p.A. Corticella Molini e Pasrifici S.p.a./Pasta Combattenti S.p.a. La Molisana Industrie Alimentari S.p.a. Pasta Lensi S.r.l. (successor to IAPC Italia S.r.l.) Molino e Pastificio Tomasello S.r.l. Italy: Stainless Steel Sheet Strip in Coils, A–475–824 ...... 7/1/02–6/30/03 Thyssen Krupp Acciai Speciali S.p.A. Japan: Stainless Steel Sheet and Strip in Coils, A–588–845 ...... 7/1/02–6/30/03 Kawasaki Steel Corporation Mexico: Stainless Steel Sheet and Strip in Coils, A–201–822 ...... 7/1/02–6/30/03 Thyssen Krupp Mexinox S.A. de C.V. Republic of Korea: Stainless Steel Sheet and Strip in Coils, A–580–834 ...... 7/1/02–6/30/03 Dai Yang Metal Co., Ltd. Taiwan: Polyethylene Terephthalate Film, & Strip, A–583–837 ...... 12/21/01–6/30/03 Nan Ya Plastics Corporation, Ltd. Shinkong Synthetic Fibers Corporation Taiwan: Stainless Steel Sheet and Strip in Coils, A–583–831 ...... 7/1/02–6/30/03 Ta Chen Stainless Pipe Co., Ltd. Tung Mung Development Co., Ltd. Yieh United Steel Corporation China Steel Corporation Tang Eng Iron Works PFP Taiwan Co., Ltd. Yieh Loong Enterprise Co., Ltd. Yieh Trading Corp. Goang Jau Shing Enterprise Co., Ltd. Yieh Mau Corp. Chien Shing Stainless Co. Chain Chon Industrial Co., Ltd. Thailand: Canned Pineapple, A–549–813 ...... 7/1/02–6/30/03 Dole (Thailand) Ltd./Dole Package Foods Co./Dole Food Co. Kuiburi Fruit Canning Company Limited Malee Sampran Public Company, Ltd. The Prachuab Fruit Canning Company Siam Fruit Canning (1988) Co., Ltd. Thai Pineapple Canning Industry Corporation The Thai Pineapple Public Co., Ltd. Vita Food Factory (1989) Co., Ltd. The People’s Republic of China: Bulk Aspirin 1, A–570–853 ...... 7/1/02–6/30/03 Jilin Henghe Pharmaceutical Co., Ltd. Shandong Xinhua Pharmaceutical Co., Ltd. The People’s Republic of China: Persulfates 2, A–570–847 ...... 7/1/02–6/30/03 Degussa-AJ (Shanghai) Initiators Co. Shanghai AJ Import and Export Corporation The People’s Republic of China: Sebacic Acid 3, A–570–825 ...... 7/1/02–6/30/03 Tianjin Chemicals Import & Export Corporation and manufactured by any compoany other than Hengshui Dongfeng Chemical Co., Ltd. Guangdong Chemicals Import and Export Corporation. Turkey: Certain Pasta, A–489–805 ...... 7/1/02–6/30/03 Beslen Makarna Gida Sanayi ve Ticaret A.S./Beslen Pazarlama Gida Sanayi ve Ticaret, A.S. Filiz Gida Sanayi ve Ticaret A.S. Gidasa Sabanci Gida Sanayi ve ticaret, A.S. (successor to Maktas Makarnacilik ve Ticaret, A.S.) Oba Makarnacilik Sanayi ve Ticaret, A.S. Pastavilla Makarnacilik Sanayi ve Ticaret, A.S. The United Kingdom: Industrial Nitrocellulose, A–412–803 ...... 7/1/02–6/30/03

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Imperial Chemical Industries PLC/Nobel’s Explosives Company, Ltd. Troon Investsments Limited/Nobel Enterprises Countervailing Duty Proceedings Italy: Certain Pasta, C–475–819 ...... 1/1/02–12/31/02 Pastificio Carmine Russo S.p.A./Pastificio Di Nola S.p.A. Pastificio Antonio Pallante S.r.L Pastifico Fratelli Pagani S.p.A. Corticella Molini e Pastifici S.p.a/Pasta Combattenti S.p.a. Pasta Lensi S.r.l. (successor to IAPC Italia S.r.l.) Pasta Zara S.p.a. India: Polyethylene Terephthalate (PET) Film, C–533–825 ...... 10/22/01–12/31/02 Gareware Polyester Limited Jindal Polyester Limited of India Polyplex Corporation Limited Turkey: Certain Pasta, C–489–806 ...... 1/1/02–12/31/02 Gidasa Sabanci Gida Sanayi ve Ticaret A.S. Suspension Agreements None. 1 If one of the above named companies does not qualify for a separate rate, all other exporters of bulk aspirin fromthe People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 2 If one of the above named companies does not qualify for a separate rate, all other exporters of persulfates from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 3 If one of the above named companies does not qualify for a separate rate, all other exporters of sebacic acid from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.

During any administrative review DEPARTMENT OF COMMERCE and medium-sized businesses that are covering all or part of a period falling interested in exporting. International Trade Administration between the first and second or third Selection Process: About half of the and fourth anniversary of the District Export Council Nomination approximately 30 positions on each of publication of an antidumpting order Opportunity the 58 DECs are open for nominations under section 351.211 or a for the term that ends December 31, determination under section AGENCY: International Trade 2007. Nominees are recommended by 351.218(f)(4) to continue an order or Administration, Commerce. the local U.S. Export Assistance Center suspended investigation (after sunset ACTION: Notice of opportunity to serve as Director, in consultation with the DEC review), the Secretary, if requested by a a member of one of the fifty-eight and other local export promotion domestic interested party within 30 District Export Councils. partners. After a review process, days of the date of publication of the nominees are selected and appointed to notice of initiation of the review, will SUMMARY: The U.S. Department of a DEC by the Secretary of Commerce. determine whether antidumping duties Commerce is currently seeking Membership Criteria: Each DEC is have been absorbed by an exporter or expressions of interest from individuals interested in nominating highly- producer subject to the review if the in serving as a member of one of the subject merchandise is sold in the fifty-eight District Export Councils motivated people. Appointment is based United States through an importer that (DECs) nationwide. The DECs are upon an individual’s energetic is affiliated with such exporter or closely affiliated with the U.S. Export leadership, position in the local producer. The request must include the Assistance Centers of the U.S. business community, knowledge of day- name(s) of the exporter or producer for Commercial Service. DECs combine the to-day international operations, interest which the inquiry is requested. energies of more than 1,500 exporters in export development, and willingness and export service providers who and ability to devote time to council Interested parties must submit promote U.S. exports. DEC members activities. Members include exporters, applications for disclosure under volunteer at their own expense. export service providers and others administrative protective orders in whose profession supports U.S. export accordance with 19 CFR 351.305. DATES: Applications for nomination to a DEC must be received by the designated promotion efforts. These initiations and this notice are local USEAC representative by Authority: 15 U.S.C. 1501 et seq., 15 U.S.C. in accordance with section 751(a) of the September 1, 2003. 4721. Tariff Act of 1930, as amended (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i). FOR FURTHER INFORMATION: Contact: Cory Dated: August 11, 2003. Simek, National DEC Program Manager, Bruce W. Blakeman, Dated: August 19, 2003. the U.S. Commercial Service, tel. 314– Deputy Assistant Secretary for Domestic Holly A Kuga, 425–3300. Operations, U.S. and Foreign Commercial Acting Deputy Assistant Secretary, Group II SUPPLEMENTARY INFORMATION: DECs Service. for Import Administration. sponsor and participate in numerous [FR Doc. 03–21509 Filed 8–21–03; 8:45 am] [FR Doc. 03–21578 Filed 8–21–03; 8:45 am] trade promotion activities, as well as BILLING CODE 3570–FP–P BILLING CODE 3510–DS–P supply specialized expertise to small

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DEPARTMENT OF COMMERCE certificate for failure to file an annual certificate of review was issued on report. In addition, a summary of this January 7, 2002 to Vinex International, International Trade Administration letter allowing USXT, Inc. thirty days to Inc. respond was published in the Federal A certificate holder is required by law Export Trade Certificate of Review Register on July 17, 2003 at 68 FR to submit to the Department of 42397. Pursuant to 325.10(c)(2) of the ACTION: Notice of revocation of Export Commerce annual reports that update Regulations (15 CFR 325.10(c)(2)), the Trade Certificate of Review No. 99– financial and other information relating 00004. Department considers the failure of USXT, Inc. to respond to be an to business activities covered by its SUMMARY: The Secretary of Commerce admission of the statements contained certificate (section 308 of the Act, 15 issued an Export Trade Certificate of in the notification letter. U.S.C. 4018, § 325.14(a) of the Review to USXT, Inc. on November 17, The Department has determined to Regulations, 15 CFR 325.14(a)). The 1999. Because this certificate holder has revoke the certificate issued to USXT, annual report is due within 45 days failed to file an annual report as Inc. for its failure to file an annual after the anniversary date of the required by law, the Secretary is report. The Department has sent a letter, issuance of the Certificate of Review revoking the certificate. This notice dated August 19, 2003, to notify USXT, (§§ 325.14(b) of the Regulations, 15 CFR summarizes the notification letter sent Inc. of its determination. The revocation 325.14(b)). Failure to submit a complete to USXT, Inc. is effective thirty (30) days from the date annual report may be the basis for FOR FURTHER INFORMATION CONTACT: of publication of this notice. Any person revocation (§§ 325.10(a)(3) and 325.14(c) Jeffrey Anspacher, Director, Office of aggrieved by this decision may appeal to of the Regulations, 15 CFR 325.10(a)(3) Export Trading Company Affairs, an appropriate U.S. district court within and 325.14(c)). International Trade Administration, 30 days from the date on which this notice is published in the Federal On December 23, 2002, the 202/482–5131. This is not a toll-free Department of Commerce sent to Vinex number. Register 325.10(c)(4) and 325.11 of the Regulations, 15 CFR 324.10(c)(4) and International, Inc. a letter containing SUPPLEMENTARY INFORMATION: Title III of 325.11 of the Regulations, 15 CFR annual report questions with a reminder the Export Trading Company Act of 325.10(c)(4) and 325.11. that its annual report was due on 1982 (‘‘the Act’’) (Pub. L. 97–290, 15 February 21, 2003. Additional reminder Dated: August 19, 2003. U.S.C. 4011–21) authorizes the letters were sent on March 28, 2003, and Jeffrey Anspacher, Secretary of Commerce to issue export May 2, 2003. The Department has trade certificates of review. The Director, Office of Export Trading Company received no written response from Affairs. regulations implementing Title III (‘‘the Vinex International, Inc. to any of these [FR Doc. 03–21559 Filed 8–21–03; 8:45 am] Regulations’’) are found at 15 CFR part letters. 325. Pursuant to this authority, a BILLING CODE 3510–DR–P On July 11, 2003, and in accordance certificate of review was issued on with § 325.10(c)(2) of the Regulations, November 17, 1999 to USXT, Inc. A certificate holder is required by law DEPARTMENT OF COMMERCE (15 CFR 325.10(c)(2)), the Department of Commerce sent a letter by certified mail to submit to the Department of International Trade Administration Commerce annual reports that update to notify Vinex International, Inc. that financial and other information relating Export Trade Certificate of Review the Department was formally initiating to business activities covered by its the process to revoke its certificate for certificate (section 308 of the Act, 15 ACTION: Notice of revocation of Export failure to file an annual report. In U.S.C. 4018, section 325.14(a) of the Trade Certificate of Review No. 01– addition, a summary of this letter Regulations, 15 CFR 325.14(a)). The 00005. allowing Vinex International, Inc. thirty annual report is due within 45 days days to respond was published in the SUMMARY: The Secretary of Commerce after the anniversary date of the Federal Register on July 17, 2003 (68 FR issued an Export Trade Certificate of issuance of the Certificate of Review 42396). Pursuant to 325.10(c)(2) of the Review to Vinex International, Inc. on (sections 325.14(b) of the Regulations, Regulations (15 CFR 325.10(c)(2)), the January 7, 2002. Because this certificate 15 CFR 325.14(b)). Failure to submit a Department considers the failure of holder has failed to file an annual report complete annual report may be the basis Vinex International, Inc. to respond to as required by law, the Secretary is for revocation (sections 325.10(a) and revoking the certificate. This notice be an admission of the statements 325.14(c) of the Regulations, 15 CFR summarizes the notification letter sent contained in the notification letter. 325.10(a)(3) and 325.14(c)). to Vinex International, Inc. The Department has determined to On November 7, 2002, the Department revoke the certificate issued to Vinex of Commerce sent to USXT, Inc. a letter FOR FURTHER INFORMATION CONTACT: International, Inc. for its failure to file containing annual report questions with Jeffrey Anspacher, Director, Office of a reminder that its annual report was Export Trading Company Affairs, an annual report. The Department has due on January 1, 2003. Additional International Trade Administration, sent a letter, dated August 19, 2003, to reminders were sent on March 31, 2003 202/482–5131. This is not a toll-free notify Vinex International, Inc. of its and on April 11, 2003. The Department number. determination. The revocation is has received no written response from SUPPLEMENTARY INFORMATION: Title III of effective thirty (30) days from the date USXT, Inc. to any of these letters. the Export Trading Company Act of of publication of this notice. Any person On May 5, 2003, and in accordance 1982 (‘‘the Act’’) (Pub. L. 97–290, 15 aggrieved by this decision may appeal to with section 325.10(c)(2) of the U.S.C. 4011–21) authorizes the an appropriate U.S. district court within Regulations, (15 CFR 325.10 (c)(2)), the Secretary of Commerce to issue export 30 days from the date on which this Department of Commerce sent a letter trade certificates of review. The notice is published in the Federal by certified mail to notify USXT, Inc. regulations implementing Title III (‘‘the Register (325.10(c)(4) and 325.11 of the that the Department was formally Regulations’’) are found at 15 CFR part Regulations, 15 CFR 324.10(c)(4) and initiating the process to revoke its 325. Pursuant to this authority, a 325.11).

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Dated: August 19, 2003. see 67 FR 63627, published on October Category Twelve-month restraint Jeffrey Anspacher, 15, 2002. limit 1 Director, Office of Export Trading Company James C. Leonard III, 618–O 13 ...... 8,212,635 square me- Affairs. Chairman, Committee for the Implementation ters. [FR Doc. 03–21560 Filed 8–21–03; 8:45 am] of Textile Agreements. 619/620 ...... 15,829,582 square BILLING CODE 3510–DR–P meters. Committee for the Implementation of Textile Agreements 638/639 ...... 2,444,580 dozen. 641 ...... 4,003,033 dozen. August 18, 2003. 643 ...... 568,078 numbers. COMMITTEE FOR THE Commissioner, 644 ...... 770,921 numbers. IMPLEMENTATION OF TEXTILE Bureau of Customs and Border Protection, 645/646 ...... 1,316,294 dozen. Washington, DC 20229. 647/648 ...... 5,096,526 dozen. AGREEMENTS Dear Commissioner: This directive amends, but does not cancel, the directive Group II Adjustment of Import Limits for Certain issued to you on October 8, 2002, by the 201, 218, 220, 224, 153,665,221 square Cotton, Wool, Man-Made Fiber, Silk Chairman, Committee for the Implementation 226, 227, 237, meters equivalent. 14 Blend and Other Vegetable Fiber of Textile Agreements. That directive 239pt. , 332, 333, 352, 359– Textiles and Textile Products concerns imports of certain cotton, wool, man-made fiber, silk blend and other O 15, 362, 363, Produced or Manufactured in 16 vegetable fiber textiles and textile products, 369–O , 400, Indonesia produced or manufactured in Indonesia and 410, 414, 434, exported during the twelve-month period 435, 436, 438, August 18, 2003. which began on January 1, 2003 and extends 440, 442, 444, 17 18 AGENCY: Committee for the through December 31, 2003. 459pt. , 469pt. , 19 Implementation of Textile Agreements Effective on August 22, 2003, you are 603, 604–O , 624, 633, 652, (CITA). directed to adjust the limits for the categories listed below, as provided for under the 659–O 20, 21 ACTION: Issuing a directive to the Uruguay Round Agreement on Textiles and 666pt. , 845, 846 Commissioner, Bureau of Customs and Clothing: and 852, as a group Border Protection. Subgroup in Group II Category Twelve-month restraint limit 1 400, 410, 414, 434, 3,618,316 square me- EFFECTIVE DATE: August 22, 2003. 435, 436, 438, ters equivalent. Levels in Group I 440, 442, 444, FOR FURTHER INFORMATION CONTACT: Ross 200 ...... 1,476,997 kilograms. 459pt. and 469pt., Arnold, International Trade Specialist, 219 ...... 15,270,125 square as a group Office of Textiles and Apparel, U.S. meters. In Group II subgroup Department of Commerce, (202) 482– 225 ...... 11,489,214 square 435 ...... 56,808 dozen. meters. 4212. For information on the quota 300/301 ...... 7,021,187 kilograms. 1 The limits have not been adjusted to ac- status of these limits, refer to the Quota 313–O 2 ...... 31,260,345 square count for any imports exported after December Status Reports posted on the bulletin meters. 31, 2002. boards of each Customs port, call (202) 314–O 3 ...... 98,121,165 square 2 Category 313–O: all HTS numbers except 927–5850, or refer to the Bureau of meters. 5208.52.3035, 5208.52.4035 and 315–O 4 ...... 40,551,401 square 5209.51.6032. Customs and Border Protection website 3 meters. Category 314–O: all HTS numbers except 5209.51.6015. at http://www.customs.gov. For 317–O 5/617/326–O 6 34,314,569 square 4 Category 315–O: all HTS numbers except information on embargoes and quota re- meters of which not openings, refer to the Office of Textiles 5208.52.4055. more than 6,740,952 5 Category 317–O: all HTS numbers except and Apparel website at http:// square meters shall 5208.59.2085. otexa.ita.doc.gov. be in Category 326– 6 Category 326–O: all HTS numbers except O. 5208.59.2015, 5209.59.0015 and SUPPLEMENTARY INFORMATION: 331pt./631pt. 7 ...... 1,849,575 dozen pairs. 5211.59.0015. 336/636 ...... 1,171,892 dozen. 7 Category 331pt.: all HTS numbers except Authority: Section 204 of the Agricultural 338/339 ...... 2,289,763 dozen. 6116.10.1720, 6116.10.4810, 6116.10.5510, Act of 1956, as amended (7 U.S.C. 1854); 340/640 ...... 2,704,896 dozen. 6116.10.7510, 6116.92.6410, 6116.92.6420, Executive Order 11651 of March 3, 1972, as 341 ...... 1,701,611 dozen. 6116.92.6430, 6116.92.6440, 6116.92.7450, amended. 342/642 ...... 647,472 dozen. 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510; Category The current limits for certain 345 ...... 789,268 dozen. 631pt.: all HTS numbers except 6116.10.1730, 347/348 ...... 3,101,896 dozen. categories are being adjusted, variously, 6116.10.4820, 6116.10.5520, 6116.10.7520, 359–C/659–C 8 ...... 2,425,501 kilograms. 6116.93.8800, 6116.93.9400, 6116.99.4800, for special shift, carryover, and 359–S/659–S 9 ...... 2,714,167 kilograms. 6116.99.5400 and 6116.99.9530. carryforward. 360 ...... 2,272,301 numbers. 8 Category 359–C: only HTS numbers A description of the textile and 361 ...... 2,272,301 numbers. 6103.42.2025, 6103.49.8034, 6104.62.1020, 369–S 10 ...... 1,567,240 kilograms. 6104.69.8010, 6114.20.0048, 6114.20.0052, apparel categories in terms of HTS 433 ...... 13,085 dozen. 6203.42.2010, 6203.42.2090, 6204.62.2010, numbers is available in the 443 ...... 97,075 numbers. 6211.32.0010, 6211.32.0025 and CORRELATION: Textile and Apparel 445/446 ...... 68,696 dozen. 6211.42.0010; Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, Categories with the Harmonized Tariff 447 ...... 20,505 dozen. 6103.43.2025, 6103.49.2000, 6103.49.8038, Schedule of the United States (see 448 ...... 25,606 dozen. 6104.63.1020, 6104.63.1030, 6104.69.1000, Federal Register notice 68 FR 1599, 604–A 11 ...... 1,218,956 kilograms. 6104.69.8014, 6114.30.3044, 6114.30.3054, 12 published on January 13, 2003). Also 611–O ...... 5,644,173 square me- 6203.43.2010, 6203.43.2090, 6203.49.1010, ters. 6203.49.1090, 6204.63.1510, 6204.69.1010, 613/614/615 ...... 38,276,032 square 6210.10.9010, 6211.33.0010, 6211.33.0017 meters. and 6211.43.0010.

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9 Category 359–S: only HTS numbers 21 Category 666pt.: all HTS numbers except see 67 FR 63631, published on October 6112.39.0010, 6112.49.0010, 6211.11.8010, 5805.00.4010, 6301.10.0000, 6301.40.0010, 15, 2002. 6211.11.8020, 6211.12.8010 and 6301.40.0020, 6301.90.0010, 6302.53.0010, 6211.12.8020; Category 659–S: only HTS 6302.53.0020, 6302.53.0030, 6302.93.1000, James C. Leonard III, numbers 6112.31.0010, 6112.31.0020, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6303.92.1000, 6303.92.2010, 6303.92.2020, Chairman, Committee for the Implementation 6112.41.0040, 6211.11.1010, 6211.11.1020, 6303.99.0010, 6304.11.2000, 6304.19.1500, of Textile Agreements. 6211.12.1010 and 6211.12.1020. 6304.19.2000, 6304.91.0040, 6304.93.0000, Committee for the Implementation of Textile 10 Category 369–S: only HTS number 6304.99.6020, 6307.90.9884, 9404.90.8522 6307.10.2005. and 9404.90.9522. Agreements 11 August 18, 2003. Category 604–A: only HTS number The Committee for the Implementation of 5509.32.0000. Commissioner, 12 Textile Agreements has determined that Category 611–O: all HTS numbers except Bureau of Customs and Border Protection, 5516.14.0005, 5516.14.0025 and these actions fall within the foreign affairs 5516.14.0085. exception to the rulemaking provisions of 5 Washington, DC 20229 13 Category 618–O: all HTS numbers except U.S.C. 553(a)(1). Dear Commissioner: This directive 5408.24.9010 and 5408.24.9040. Sincerely, amends, but does not cancel, the directive 14 Category 239pt.: only HTS number James C. Leonard III, issued to you on October 8, 2002, by the 6209.20.5040 (diapers). Chairman, Committee for the Chairman, Committee for the Implementation 15 Category 359–O: all HTS numbers except Implementation of Textile Agreements. of Textile Agreements. That directive concerns imports of certain cotton and man– 6103.42.2025, 6103.49.8034, 6104.62.1020, [FR Doc.03–21557 Filed 8–21–03; 8:45 am] 6104.69.8010, 6114.20.0048, 6114.20.0052, made fiber textile products, produced or 6203.42.2010, 6203.42.2090, 6204.62.2010, BILLING CODE 3510–DR–S manufactured in Nepal and exported during 6211.32.0010, 6211.32.0025 and the twelve-month period which began on 6211.42.0010 (Category 359–C); January 1, 2003 and extends through 6112.39.0010, 6112.49.0010, 6211.11.8010, COMMITTEE FOR THE December 31, 2003. 6211.11.8020, 6211.12.8010 and 6211.12.8020 (Category 359–S); IMPLEMENTATION OF TEXTILE Effective on August 25, 2003, you are 6115.19.8010, 6117.10.6010, 6117.20.9010, AGREEMENTS directed to increase the current limit for 6203.22.1000, 6204.22.1000, 6212.90.0010, Categories 347/348 to 1,233,798 dozen 1, as 6214.90.0010, 6406.99.1550, 6505.90.1525, Adjustment of an Import Limit for provided for under the terms of the current 6505.90.1540, 6505.90.2060 and Certain Cotton Textile Products bilateral textile agreement between the 6505.90.2545 (Category 359pt.). Produced or Manufactured in Nepal Governments of the United States and Nepal. 16 Category 369–O: all HTS numbers except The Committee for the Implementation of 6307.10.2005 (Category 369–S); August 18, 2003. Textile Agreements has determined that this 4202.12.4000, 4202.12.8020, 4202.12.8060, action falls within the foreign affairs AGENCY: Committee for the 4202.22.4020, 4202.22.4500, 4202.22.8030, exception to the rulemaking provisions of 5 4202.32.4000, 4202.32.9530, 4202.92.0505, Implementation of Textile Agreements U.S.C. 553(a)(1). 4202.92.1500, 4202.92.3016, 4202.92.6091, (CITA). 5601.10.1000, 5601.21.0090, 5701.90.1020, Sincerely, 5701.90.2020, 5702.10.9020, 5702.39.2010, ACTION: Issuing a directive to the James C. Leonard III, 5702.49.1020, 5702.49.1080, 5702.59.1000, Commissioner, Bureau of Customs and Chairman, Committee for the 5702.99.1010, 5702.99.1090, 5705.00.2020, Border Protection adjusting a limit. Implementation of Textile Agreements. 5805.00.3000, 5807.10.0510, 5807.90.0510, [FR Doc. 03–21558 Filed 8–21–03; 8:45 am] 6301.30.0010, 6301.30.0020, 6302,51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, EFFECTIVE DATE: August 25, 2003. BILLING CODE 3510–DR–S 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, FOR FURTHER INFORMATION CONTACT: Roy 6302.91.0060, 6303.11.0000, 6303.91.0010, Unger, International Trade Specialist, 6303.91.0020, 6304.91.0020, 6304.92.0000, Office of Textiles and Apparel, U.S. DEPARTMENT OF DEFENSE 6305.20.0000, 6306.11.0000, 6307.10.1020, Department of Commerce, (202) 482– 6307.10.1090, 6307.90.3010, 6307.90.4010, Office of the Secretary 6307.90.5010, 6307.90.8910, 6307.90.8945, 4212. For information on the quota 6307.90.9882, 6406.10.7700, 9404.90.1000, status of this limit, refer to the Quota Department of Defense Missile 9404.90.8040 and 9404.90.9505 (Category Status Reports posted on the bulletin Defense Agency Record of Decision 369pt.). boards of each Customs port, call (202) 17 Supplemental Environmental Impact Category 459pt.: all HTS numbers except 927–5850, or refer to the Bureau of 6115.19.8020, 6117.10.1000, 6117.10.2010, Statement for the Airborne Laser 6117.20.9020, 6212.90.0020, 6214.20.0000, Customs and Border Protection website Program 6405.20.6030, 6405.20.6060, 6405.20.6090, at http://www.customs.gov. For 6406.99.1505 and 6406.99.1560. information on embargoes and quota re- SUMMARY: Pursuant to Section 102(2)(C) 18 Category 469pt.: all HTS numbers except openings, refer to the Office of Textiles of the National Environmental Policy 5601.29.0020, 5603.94.1010, 6304.19.3040, Act (NEPA) of 1969, Public Law (Pub. 6304.91.0050, 6304.99.1500, 6304.99.6010, and Apparel website at http:// 6308.00.0010 and 6406.10.9020. otexa.ita.doc.gov. L.) 91–90 (as amended) and the 19 Category 604–O: all HTS numbers except regulations promulgated by the Council 5509.32.0000 (Category 604–A). SUPPLEMENTARY INFORMATION: on Environmental Quality at 40 CFR 20 Category 659–O: all HTS numbers except Authority: Section 204 of the Agricultural 1505.2, the Department of Defense 6103.23.0055, 6103.43.2020, 6103.43.2025, Act of 1956, as amended (7 U.S.C. 1854); (DOD), Missile Defense Agency (MDA), 6103.49.2000, 6103.49.8038, 6104.63.1020, Executive Order 11651 of March 3, 1972, as has prepared the following Record of 6104.63.1030, 6104.69.1000, 6104.69.8014, amended. 6114.30.3044, 6114.30.3054, 6203.43.2010, Decision (ROD) on the Supplemental 6203.43.2090, 6203.49.1010, 6203.49.1090, The current limit for Categories 347/ Environmental Impact Statement (SEIS) 6204.63.1510, 6204.69.1010, 6210.10.9010, 348 is being increased for carryforward. for the Airborne Laser (ABL) Program. 6211.33.0010, 6211.33.0017, 6211.43.0010 A description of the textile and (Category 659–C); 6112.31.0010, The ROD contains the statement of 6112.31.0020, 6112.41.0010, 6112.41.0020, apparel categories in terms of HTS decision, identifies the alternatives 6112.41.0030, 6112.41.0040, 6211.11.1010, numbers is available in the considered, and discusses the factors on 6211.11.1020, 6211.12.1010, 6211.12.1020 CORRELATION: Textile and Apparel which the decision was based, and any (Category 659–S); 6115.11.0010, Categories with the Harmonized Tariff 6115.12.2000, 6117.10.2030, 6117.20.9030, mitigating measures deemed necessary 6212.90.0030, 6214.30.0000, 6214.40.0000. Schedule of the United States (see 6406.99.1510 and 6406.99.1540 (Category Federal Register notice 68 FR 1599, 1 The limit has not been adjusted to account for 659pt.). published on January 13, 2003). Also any imports exported after December 31, 2002.

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to avoid or minimize environmental Base (AFB), California, and Kirtland clarification of the ABL weapon system impacts. AFB, New Mexico, as possible Home test program. Base locations; White Sands Missile FOR FURTHER INFORMATION CONTACT: Mr. Decision K. Rock, 703–697–5506. Range (WSMR), New Mexico, and China Lake Naval Air Warfare Center, The MDA will proceed with the SUPPLEMENTARY INFORMATION: California, as the Diagnostic Test Range; Proposed Action as described in the Overview and the Western Range, including SEIS and summarized below. Appropriate management plans and The United States (U.S.) requires a Vandenberg AFB and/or Point Mugu Naval Air Warfare Center Weapons regulations would be adhered to and more accurate and effective defense suitable mitigation measures would be against ballistic missiles by destroying Division, both in California, as the Extended-Area Test Range. initiated to minimize potential adverse them during the boost phase, just after effects. launch. Currently, the U.S. and its allies The ROD for the 1997 FEIS identified are limited to defense of troops of high- Edwards AFB as the Home Base (to Proposed Action and Alternatives value assets within a small area of a support the ABL aircraft and conduct ground-test activities of the ABL The Proposed Action is to conduct theater of operations as the missile nears test activities of the ABL system at test its target. Improvements in missile range system), WSMR as the Diagnostic Test Range, and the Western Range as the ranges associated with Edwards AFB and accuracy and the rapid increase in and Vandenberg AFB, California, and the number of missile-capable nations Expanded-Area Test Range (both for supporting proposed flight-test activities Kirtland AFB and WSMR/Holloman increase the threat. The ABL aircraft is AFB, New Mexico. Test activities would of the ABL systems). Based upon a modified Boeing 747 aircraft that involve testing the laser components on operational and environmental concerns accommodates a laser-weapon system the ground and in flight to verify that in that FEIS, Edwards AFB was chosen and laser fuel storage tanks. The ABL laser components operate together safely as the primary location for conducting aircraft incorporates an Active Ranging and effectively. Two ABL aircraft (Block ground-test activities. Kirtland AFB and System (ARS) laser, a Track Illuminator 2004 and Block 2008) would be utilized WSMR were identified as alternative Laser (TILL), and a Beacon Illuminator during test activities. Software upgrades ground-test locations in the event that Laser (BILL); a laser-beam control to the Block 2004 aircraft would be ground testing was not possible at system designed to focus the beam on tested and added to that test aircraft Edwards AFB. target; and a High-Energy Laser (HEL) under a Block 2006 effort. Once (i.e., chemical, oxygen, iodine laser Purpose and Need upgraded with the newer operating [COIL]) designed to negate the target. The SEIS sets forth the supplemental system, the Block 2004 would be The ARS is a lower-power gas laser, and environmental analysis required based designated as the Block 2006 aircraft. the BILL and TILL are lower-power on changes in the proposed test program Ground testing of the ABL system is solid-state lasers. An onboard Battle that have occurred since the 1997 FEIS proposed at Edwards AFB. Kirtland Management Command Center provides was completed and examines proposed AFB and WSMR/Holloman AFB have computerized control of aspects of the test activities at Edwards AFB, Kirtland been identified as alternative ground- laser-weapon system, communications, AFB, WSMR/Holloman AFB, and test locations if ground tests cannot be and intelligence. The ABL aircraft Vandenberg AFB. Holloman AFB is a conducted at Edwards AFB. Flight would fly at high altitudes and would U.S. Air Force installation that shares testing is proposed at the R–2508 detect and track launches of ballistic most of its boundary with WSMR. The Airspace Complex (Edwards AFB), missile using onboard sensors. During 1997 FEIS previously examined test Western Range (Vandenberg AFB), and flight-test activities, active tracking of activities and test locations and is WSMR (including Federal Aviation the missile with the BILL and TILL considered the No-Action Alternative Administration [FAA]-controlled would begin at approximately 35,000 for this SEIS. The following is a list of airspace and airspace utilized by Fort feet above mean sea level. new or refined actions that require the Bliss). The ABL program is one of the The ABL aircraft would be housed at preparation of an SEIS: elements of the MDA Ballistic Missile • Testing of two ABL aircraft (referred an existing hanger at Edwards AFB. Defense System (BMDS) that is intended to as the Block 2004 aircraft and an Edwards AFB is also the location where to provide an effective defense for the improved follow-on aircraft, the Block the laser systems would be integrated U.S., its deployed forces, and its friends 2008) rather than the individual aircraft into the aircraft, where ground tests and allies from limited missile attack addressed in the 1997 FEIS would occur, and is the location for during all segments of an attacking • Proposed ground testing that was initial aircraft flight test. Although flight missile’s flight. The ABL element of the not considered in detail in the 1997 testing of the ABL system would occur BMDS is being developed to provide an FEIS within the R–2508 Airspace Complex, effective defense to limited ballistic • Potential effects due to off-range Western Range and WSMR, ABL test missile threats during the boost segment lasing during test activities flights would begin and end at Edwards of an attacking missile’s flight. • Potential effects of lowering the test AFB. The ABL aircraft could be used to The Final Environmental Impact altitude of the ABL aircraft from 40,000 support other BMDS incidental Statement for the Program Definition feet to 35,000 feet or higher exercises and deployments from other and Risk Reduction Phase of the • Testing of the ARS laser, the BILL, locations. These operations would be Airborne Laser Program (FEIS) was the TILL, and the Surrogate High-Energy supported by other environmental published in April 1997, The 1997 FEIS Laser (SHEL) systems that were not analysis as appropriate. analyzed several alternatives for considered in detail in the 1997 FEIS Ground-Testing Activities. Ground establishing the Home Base, the • Refinement of proposed ABL test testing of the lower-power laser systems Diagnostic Test Range, and the activities (i.e., location of tests, types of (i.e., ARS, BILL, TILL, and SHEL) would Extended-Area Test Range that are tests, and number of tests). be performed at Edwards AFB. Ground- required to effectively demonstrate the These new or refined actions will testing activities would be conducted ability of the ABL system. The 1997 maximize testing efficiencies and from an aircraft parking pad or the end FEIS considered Edwards Air Force realism, and provide further of a runway with the laser beam

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directed over open land toward ground conditions aloft. When the balloon is meetings. Comments on the Draft SEIS targets with natural features (e.g., over the target drop box and at the were considered in the preparation of mountains, hills, buttes) or earthen desired altitude the MARTI payload the Final SEIS. A Department of Defense berms as a backstop. Lower-power lasers would be released. The MARTI would NOA for the Final SEIS was published could also be fired from the System free-fall to 50,000 feet allowing in the Federal Register on June 16, Integration Laboratory (SIL) at the Birk approximately 55 seconds of 2003. An Environmental Protection Flight Test Facility to range targets for engagement time, allowing multiple Agency NOA for the Final SEIS was atmospheric testing. Appropriate engagements on each drop. A nominal published on July 3, 2003, initiating an automatic hard-stop limits and beam three engagements per MARTI drop are additional 30-day comment period. path restrictors would be incorporated planned. Approximately 60 pounds of Comments were considered in the into the test design to ensure that laser flare attached to the MARTI would burn decision process, culminating in this energy does not extend beyond natural during the entire ABL engagement to ROD. features and backstops. Additionally, provide an infrared source for the ARS. Environmental Issues the proposed ground test area would be The flare would be exhausted prior to cleared of personnel prior to initiating the MARTI reaching the ground. After The proposed activities addressed in test activities. The ground-testing the ABL engagement is complete, a the SEIS do not change the scope, activities could also be conducted using parachute system would be deployed to quantity, or quality of the actions a ground-based simulator within slow down and recover the complete analyzed in the 1997 FEIS; therefore, Building 151 at Edwards AFB. No open MARTI unit for reuse. only the following resources were range testing of the HEL (COIL) would During flight tests with the ABL analyzed in the SEIS for potential be conducted. Ground testing of the aircraft, up to two ‘‘chase aircraft’’ may impacts: airspace, hazardous materials HEL would be conducted at Edwards be utilized to monitor test activities. The and hazardous waste management, AFB within Building 151 and the SIL ABL aircraft would fly at an altitude of health and safety, air quality, noise, using a ground-based simulator or an 35,000 feet or higher. The laser systems biological resources, cultural resources, enclosed test cell. In the event that would be directed above horizontal in and socioeconomics. Environmental ground testing is not possible at an upward direction to minimize issues identified during the analysis are Edwards AFB, ground testing of the potential ground impact or potential summarized below. The complete SEIS ARS, BILL, TILL, and SHEL systems contact with other aircraft. The energy is available at the following Web site: only could be conducted at Kirtland from the HEL would heat the missile’s http://www.afcee.brooks.af.mil/ec/eiap/ AFB or Holloman AFB/WSMR. booster components and cause a stress eis/abl/ABLlF-SEISlAprl03.pdf. Flight-Testing Activities. Flight tests fracture, which would destroy the Environmental Effects of the Proposed at ranges associated with WSMR missile. Action. The current regional airspace (including FAA-controlled airspace and Missile debris would be contained restrictions would continue due to ABL airspace utilized by Fort Bliss), Edwards within the range boundaries. The testing activities. Flight-testing activities AFB (R–2508 Airspace Complex), and geometry of the tests would preclude occurring within FAA-controlled Vandenberg AFB (Western Range) operation of the laser except at an angle airspace would be coordinated with the would be used to test the ARS, BILL, that is above the horizon. The onboard FAA prior to conducting test activities. TILL, SHEL, and HIL systems. sensors and laser clearinghouse data Hazardous materials used and The ABL tests would include would be used to confirm that no other hazardous waste generated during ABL acquisition and tracking of targets at aircraft or satellites are within the testing activities would be managed in short-range as well as high-energy tests. potential path of the beam, although accordance with applicable federal, These tests would be conducted against controlled airspace would be utilized state, DOD, and Air Force regulations instrumented diagnostic target boards during ABL test activities and would be regarding the use, storage, and handling carried by balloons, missiles, or aircraft. verified cleared. Airborne diagnostic of hazardous materials, hazardous Missiles would incorporate a flight- testing would revalidate and expand on- waste, and hazardous chemicals termination system, when required, to the-ground test activities, confirm identified under the hazardous ensure that debris would be contained computer model predictions, and enable Materials Management Plan. ABL on the range in the event the target must complete system tests. testing activities would involve ground- be destroyed during flight. Proteus No-Action Alternative. The No-Action level and in-flight lasing. Performance aircraft (a manned aircraft with a target Alternative is to proceed with ABL of ABL testing activities in accordance board attached) and Missile Alternative testing activities as addressed in the with appropriate safety measures would Range Target Instrument (MARTI) drops 1997 FEIS and associated ROD. reduce the potential for health and (balloon with a target board attached) safety impacts. There would be short- NEPA Process would be utilized for testing of the term, negligible increases in pollutant lower-power laser systems (i.e., ARS, The Notice of Intent (NOI) to prepare emissions due to ground- and flight- BILL, TILL, and SHEL). MARTI drops an SEIS for ABL Program test actions testing activities. The minimal increases would also be used for testing the HEL. was published in the Federal Register would not delay regional progress The MARTI is a diagnostic target for on March 22, 2002, initiating the public toward attainment of any air quality ABL that is similar in size and geometry scoping process. Public scoping standard. The negligible increases in to a ballistic missile. The basic meetings were held in April 2002 in pollutants would not exceed the de construction consists of a shell of communities perceived to be affected by minimus threshold of any regional air aluminum with aluminum fins attached, the ABL tests. The Notice of Availability basin. Due to the location of the ground- coated with paint selected to represent (NOA) of the ABL Draft SEIS was test activities and the altitude of the the properties of the paint on ballistic published in the Federal Register in flight-test activities, no residential areas missiles (no fuel would be onboard). September 2002. This initiated a public would be exposed to continuous noise The balloon would rise to an review and comment period for the levels exceeding 65 decibels (dBA). approximate height of 100,000 feet and Draft SEIS. Four public hearings were Because ABL testing activities would be may pass over private and BLM- held in October 2002 in the same conducted in accordance with the managed lands, depending on wind locations as the public scoping applicable regulations and existing

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standard operating procedures for debris occurring. These missile tests and rocket administrative controls, and removal of recovery, adverse biological resource launches have been addressed in mirror-like reflecting surfaces from the and cultural resource impacts are not Environmental Assessments (EAs) and test area. Safety interlocks associated anticipated. The proposed ABL testing Environmental Impact Statements (EISs) with the laser systems are in place to activities would require a long-term that limit the number of launches and stop lasing activities in the event that increase of approximately 750 personnel are carefully scheduled/coordinated to the beam control steers the beam from at Edwards AFB to support the ABL prevent conflicts with overlapping the anticipated beam path. Evacuations, program and a short-term increase of up missions. clearances, and road closures would be In the event that ground tests are to 50 program related temporary implemented to ensure worker and conducted at Holloman AFB, potential personnel during test activities. These public health and safety. Any debris personnel would provide a small, mission conflicts could occur at from target missile impact areas would positive, yet largely unnoticeable effect Holloman AFB due to parking the ABL on population, income, and aircraft and associated support be recovered in accordance with employment in the vicinity of the equipment at the western end of the established Standard Operating installations. base runway. This arrangement would Procedures (SOPs) and regulations. Environmental Effects of the No- prevent aircraft from taking-off or Consultation with appropriate federal Action Alternative. ABL test activities landing (i.e., require closure of the and state agencies (e.g., U.S. Fish and would continue in accordance with runway). In order to avoid mission Wildlife Service, SHPO) will be those actions addressed in the 1997 conflicts at Holloman AFB, other less completed. Notice of launch activities FEIS and associated ROD. The regional frequently or unused runways, will be provided to any concerned airspace restrictions at the installations taxiways, or aircraft apron locations agencies, local communities, and would continue due to ongoing mission could be identified/dedicated to support recreational users. Efforts will be made activities. Management of hazardous the ABL aircraft during the short period to schedule ABL test activities to avoid materials and waste at the installations of ground-test activities. If a suitable impacts on other activities at the would continue to in accordance with ground-test location that avoids installations. current practices. Current range safety Holloman AFB mission activities cannot measures at the installations would be identified, the ABL ground-test With regard to airspace, avoidance of continue with current practices. Current program would be postponed until the R–5119 Restricted Area associated range safety measures at the conditions at Edwards AFB or Kirkland with WSMR would mitigate the installations would continue to ensure AFB are suitable. In addition, during potential impact to the J13 and J57 high- public safety and the environment are ABL flight-test activities, conflicts with altitude jet routes that transit through protected. Based on the 1997 FEIS, no the Holloman AFB flying mission could the Restricted Area. In order to avoid adverse air quality, noise, biological, occur due to the ABL test activities operational impacts at Holloman AFB, cultural, or socioeconomic impacts are using restricted airspace that is also other less frequently used or unused anticipated. used by Holloman AFB aircraft. This runways, taxiways, or aircraft apron Preferred Alternative. The Proposed potential concern would be avoided locations could be identified/dedicated Action is the preferred alternative. This through scheduling of test activities so to support the ABL aircraft during the would involve conducting test activities that mission conflicts would not occur. short period of ground-test activities. If of the ABL system at test ranges Measures to Minimize Impacts. All a suitable ground-test location that associated with Edwards AFB and practicable means to avoid, minimize, Vandenberg AFB, California, and or mitigate harm to the environment avoids Holloman AFB mission activities Kirtland AFB and WSMR/Holloman would be taken under the selected cannot be identified, the ABL ground- AFB, New Mexico. Test activities would alternative. Because of the negligible test program would be postponed until involve testing the laser components on impacts that ABL test activities would conditions at Edwards AFB or Kirtland the ground and in flight to verify that have on most environmental factors and AFB are suitable. laser components operate together safely measures already taken by the MDA, Air In the event that target debris affects and effectively. Edwards AFB has been Force, and Army, no separate mitigation White Sands pupfish habitat, specific selected as the Home Base and will be plan beyond adherence to applicable operational steps for emergency the primary location for ground-testing laws, regulations, and DOD guidelines is responses would be determined on a activities. White Sands Missile Range deemed necessary. ABL test activities case-by-case basis in accordance with has been selected as the Diagnostic Test would comply with applicable federal, the WSMR Missile Mishap Plan, Annex Range and the Western Range has been state, DOD, Air Force, and Army P to the Disaster Control Plan. selected as the Expanded-Area Test regulations regarding the management Range. of hazardous materials and hazardous Conclusion Environmentally Preferred waste. Evacuation plans and emergency Alternative. The environmentally response plans will be developed and The refinements in the original testing preferred alternative is the no-action implemented as required. Emergency program analyzed in the SEIS serve to alternative. planning documents will be updated increase testing efficiencies and realism, Cumulative Impacts. The SEIS found and emergency response personnel and provide further advancement of the no cumulative impacts on the human trained and equipped prior to ABL testing program. environment from proposed ABL testing introduction of new hazardous The factors and considerations offered activities. However, due to the nature of materials. above justify the selection by MDA of test activities at the Western Range and To minimize potential laser hazards, the Proposed Action as presented in the and WSMR, other missile test and multiple controls would be used to Final Supplemental Environmental rocket launch activities at the Western reduce the potential for off-range lasing Impact Statement for the Airborne Laser Range and WSMR, other missile test and and accidental lasing of unsuspecting Program. rocket launch activities within the receptors. These controls include the ranges to support other military and use of backdrops and enclosures, Dated: August 18, 2003. commercial functions would be horizontal and vertical buffer zones,

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Signed By Ronald T. Kadish, Lieutenant obtain demographic data about to enhance the quality, utility, and General, USAF, Director. individuals and family members who clarity of the information to be L.M. Bynum, utilize the services of the Family collected; and (d) ways to minimize the Alternate OSD Federal Register Liaison Support Center. It is also a mechanism burden of the information collection on Officer, Department of Defense. for tracking the services provided in respondents, including through the use [FR Doc. 03–21478 Filed 8–21–03; 8:45 am] order to determine program usage and of automated collection techniques or BILLING CODE 5001–08–M trends as well as program evaluation, other forms of information technology. service targeting, and future budgeting. DATES: Consideration will be given to all It also provides demographic data on comments received by (to be DEPARTMENT OF DEFENSE volunteers and tracks volunteer service. determined). Affected Public: All those eligible for Department of the Air Force services provided by Family Support ADDRESSES: Written comments and Centers (all Department of Defense recommendations on the proposed Proposed Collection; Comment personnel and their families) and those information collection should be sent to Request who volunteer in the Family Support the Department of Defense, HQ AFRS/ AGENCY: Department of the Air Force, Center. RSOP, 550 D Street West, Suite 1, DoD. Annual Burden Hours: 750. Randolph AFB, TX 78150–4527. ACTION: Notice. Number of Respondents: 10,000. FOR FURTHER INFORMATION CONTACT: To Responses per Respondent: 3. request more information on this In compliance with section Average Burden per Response: 5 proposed information collection or to 3506(c)(2)(A) of the Paperwork Minutes. obtain a copy of the proposal and Frequency: Once. Reduction Act of 1995, the Force associated collection instruments, Sustainment Division announces the SUPPLEMENTARY INFORMATION: please write to the above address, or call proposed extension to AF Form 2800, Summary of Information Collection Headquarters AFRS/RSOP, Enlisted Family Center Individual/Family Data Accessions Branch, at (21)–652–6188. Respondents could be all those Card; AF Form 2801, Family Support Title, Associated Form, and OMB Center Interview and Follow-up eligible for services, i.e., all Department of Defense personnel and their families. Number: non-Prior Service and Prior Summary; AF Form 2805, Family Service Accessions, AETC Forms 1319, Support Center Volunteer Data and The completed form is used to gather demographic data on those who use 1325, and 1419 and OMB Number Service Record. Comments are invited 0701–0079. on: (a) Whether the proposed collection Family Support Centers, track what programs or services they use and how Needs and Uses: The information of information is necessary for the collection requirement is necessary for proper performance of the functions of often. The elements in this form are the basis for quarterly data gathering which recruiters to determine applicant the agency, including whether the qualifications when conducting an information shall have practical utility; is forwarded through the Major Commands to the Air Staff. interview. Information from the (b) the accuracy of the agency’s estimate interview will determine if additional of the burden of the proposed Pamela Fitzgerald, documents on law violations, information collection; (c) ways to Air Force Federal Register Liaison Officer. citizenship verification, and educations enhance the quality, unity, and clarity [FR Doc. 03–21479 Filed 8–21–03; 8:45 am] are needed. Applicants who have of the information to be collected; (d) BILLING CODE 5001–05–P reached a certain age, marital status or ways to minimize the burden of the classification are required to submit information collection on respondents, financial information. The AETC 1419 is including the use of automated DEPARTMENT OF DEFENSE used to collect police reports, law collection techniques or other forms of violation disposition reports, and court information technology. Department of the Air Force documents used to determine an DATES: Consideration will be given to all applicant’s moral qualification. comments received by October 21, 2003. Proposed Collection; Comment Request Affected Public: Individuals or ADDRESSES: Written comments and households. recommendations on the proposed AGENCY: Department of the Air Force, Annual Burden Hours: 69,105. information collection should be sent to DoD. Number of Respondents: 110,231. HQ USAF/DPDF, 1040 Air Force ACTION: Notice. Responses Per Respondent: 1. Pentagon, Room 5C238, Washington, DC 20330–1040, ATTN: Major Jay Doherty. In compliance with section Average Burden per Response: 1.05 hours. FOR FURTHER INFORMATION CONTACT: To 3506(c)(2)(A) of the Paperwork request more information on these Reduction Act of 1995, the Headquarters Frequency: On occasion. proposed data collection instruments, Air Force Recruiting Service announces SUPPLEMENTARY INFORMATION: the proposed extension of a currently please write to the above address or call Summary of Information Collection (703) 697–4720. approved public information collection Title, Associated Form, and OMB and seeks public comment on the Respondents are civilian non-prior Number: Family Support Center provisions thereof. Comments are and prior service personnel applying for Individual/Family Data Card, AF Form invited on: (a) Whether the proposed enlistment into the Air Force as enlisted 2800, Family Support Center Interview collection of information is necessary members. The completed forms are used and Follow Up Summary, AF Form for the proper performance of the by the recruiter to establish eligibility 2801; Family Support Center Volunteer functions of the agency, including status of applicants and determine what Data and Service Record, AF Form 2805, whether the information shall have additional forms are needed to obtain OMB Number 0701–0070. practical utility; (b) the accuracy of the the required information. If the forms Needs and Uses: The information agency’s estimate of the burden of the are not included in the case file, collection requirement is necessary to propsed information collection; (c) ways individuals reviewing the file cannot be

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readily assured of the qualifications of Annual Burden Hours: 5,258. description of the need for, and the applicant. Number of Respondents: 7,010. proposed use of, the information; (5) Responses per Respondent: 1. respondents and frequency of Pamela Fitzgerald, Average Burden per Response: 45 collection; and (6) reporting and/or Air Force Federal Register Liaison Officer. Minutes. recordkeeping burden. OMB invites [FR Doc. 03–21480 Filed 8–21–03; 8:45 am] Frequency: 1. public comment. BILLING CODE 5001–05–P SUPPLEMENTARY INFORMATION: The Department of Education is Summary of Information Collection especially interested in public comment addressing the following issues: (1) Is DEPARTMENT OF DEFENSE The information collected on this this collection necessary to the proper form is required by 10 U.S.C. 9346. The Department of the Air Force functions of the Department; (2) will respondents are students who are this information be processed and used applying for admission to the United in a timely manner; (3) is the estimate Proposed Collection; Comment States Air Force Academy. Each Request of burden accurate; (4) how might the student’s background and aptitude is Department enhance the quality, utility, AGENCY: Department of the Air Force, reviewed to determine eligibility. If the and clarity of the information to be DoD. information on this form is not collected; and (5) how might the ACTION: Notice. collected, the individual cannot be Department minimize the burden of this considered for admittance to the Air collection on the respondents, including In compliance with section Force Academy. through the use of information 3506(c)(2)(A) of the Paperwork Pamela Fitzgerald, technology. Reduction Act of 1995, the Office of Air Force Federal Register Liaison Officer. Admissions announces the proposed Dated: August 19, 2003. reinstatement of a public information [FR Doc. 03–21481 Filed 8–21–03; 8:45 am] Angela C. Arrington, collection and seeks public comment on BILLING CODE 5001–05–P Leader, Regulatory Information Management provisions thereof. Comments are Group, Office of the Chief Information Officer. invited on: (a) Whether the proposed Office of the Chief Financial Officer collection of information is necessary DEPARTMENT OF EDUCATION for the proper performance of the Type of Review: Revision. functions of the agency, including Notice of Proposed Information Title: U.S. Department of Education whether the information shall have Collection Requests Budget Information—Non-Construction Programs Form and Grant Performance practical utility; (b) the accuracy of the AGENCY: Department of Education. agency’s estimate of the burden of the Report Form. SUMMARY: The Leader, Regulatory Frequency: Annually and One-Time proposed information collection; (c) Information Management Group, Office ways to enhance the quality, unity, and (New Awards—ED524). of the Chief Information Officer, invites Affected Public: Businesses or other clarity of the information to be comments on the proposed information collected; (d) ways to minimize the for-profit; not-for-profit institutions; collection requests as required by the State, local or Tribal Gov’t, SEAs or burden of the information collection on Paperwork Reduction Act of 1995. respondents, including the use of LEAs. DATES: Interested persons are invited to Reporting and Recordkeeping Hour automated collection techniques or submit comments on or before October Burden: other forms of information technology. 21, 2003. Responses: 23,835. DATES: Consideration will be given to all SUPPLEMENTARY INFORMATION: Section Burden Hours: 457,501. comments received by October 27, 2003. 3506 of the Paperwork Reduction Act of Abstract: This collection is necessary ADDRESSES: Written comments and 1995 (44 U.S.C. chapter 35) requires that for the award and administration of recommendations on the proposed the Office of Management and Budget discretionary and some formula grants. information collection should be sent to (OMB) provide interested Federal The Budget Information Non- the United States Air Force Academy, agencies and the public an early Construction Programs (ED Form 524) Office of Admissions, 2304 Cadet Drive, opportunity to comment on information enables the review of all years of a Suite 236, USAFA, CO 80840. collection requests. OMB may amend or multi-year budget at the time of the FOR FURTHER INFORMATION CONTACT: To waive the requirement for public initial award. The U.S. Department of request more information on this consultation to the extent that public Education Grant Performance Report proposed information collection or to participation in the approval process (ED Form 524B) is one of the monitoring obtain a copy of the proposed and would defeat the purpose of the tools used by ED staff in the Post-Award associated collection instruments, information collection, violate State or and Grant Closeout functions. please write to above address, or call the Federal law, or substantially interfere Requests for copies of the proposed United States Air Force Academy, with any agency’s ability to perform its information collection request may be Office of Admissions, (719) 333–7291. statutory obligations. The Leader, accessed from http://edicsweb.ed.gov, Title, Associated Form, and OMB Regulatory Information Management by selecting the ‘‘Browse Pending Number: Air Force Academy Candidate Group, Office of the Chief Information Collections’’ link and by clicking on Activities Records, USAFA Form 147, Officer, publishes that notice containing link number 2336. When you access the OMB Number 0701–0063. proposed information collection information collection, click on Needs and Uses: The information requests prior to submission of these ‘‘Download Attachments’’ to view. collection requirement is necessary to requests to OMB. Each proposed Written requests for information should obtain data on candidate’s background information collection, grouped by be addressed to Vivian Reese, and aptitude in determining eligibility office, contains the following: (1) Type Department of Education, 400 Maryland and selection to the Air Force Academy. of review requested, e.g. new, revision, Avenue, SW., Room 4050, Regional Affected Public: Individuals or extension, existing or reinstatement; (2) Office Building 3, Washington, DC households. title; (3) summary of the collection; (4) 20202–4651 or to the e-mail address

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[email protected]. Requests may also Tentative Agenda public notice of these meetings be be electronically mailed to the Internet Thursday, September 18, 2003 announced in the Federal Register. address [email protected] or faxed to 1 p.m. Public Meeting Open DATES: Monday, September 29, 2003; 9 202–708–9346. Please specify the —Welcome a.m. to 6 p.m. and Tuesday, September complete title of the information —Opening Remarks 30, 2003; 8:30 a.m. to 4 p.m. collection when making your request. —Program Briefings ADDRESSES: Hilton Washington Embassy Comments regarding burden and/or —EM Budget Briefings Row, 2015 Massachusetts Avenue, NW., the collection activity requirements 5 p.m. Public Comment Period and Washington, DC 20036. should be directed to Sheila Carey at her Adjournment FOR FURTHER INFORMATION CONTACT: e-mail address [email protected]. Friday, September 19, 2003 Bruce Strauss, Executive Secretary; High Individuals who use a 9 a.m. Opening Remarks Energy Physics Advisory Panel; U.S. telecommunications device for the deaf —EMAB Project Team Updates Department of Energy; SC–22/ (TDD) may call the Federal Information —Board Discussions Germantown Building, 1000 Relay Service (FIRS) at 1–800–877– 3 p.m. Public Comment Period and Independence Avenue, SW., 8339. Adjournment Washington, DC 20585–1290; [FR Doc. 03–21561 Filed 8–21–03; 8:45 am] Public Participation: This meeting is Telephone: 301–903–3705. BILLING CODE 4000–01–P open to the public. If you would like to SUPPLEMENTARY INFORMATION: file a written statement with the Board, Purpose of Meeting: To provide you may do so either before or after the advice and guidance on a continuing meeting. If you would like to make an basis with respect to the high energy DEPARTMENT OF ENERGY oral statement regarding any of the physics research program. items on the agenda, please contact Mr. Tentative Agenda: Agenda will Environmental Management Advisory Melillo at the address or telephone include discussions of the following: Board; Meeting number listed above, or call the Monday, September 29, 2003, and AGENCY: Department of Energy. Environmental Management Advisory Board office at 202–586–4400, and we Tuesday, September 30, 2003 ACTION: Notice of open meeting. will reserve time for you on the agenda. • Discussion of the DOE/NSF HEPAP Those who call in and or register in Subpanel on Particle Physics Project SUMMARY: This notice announces a Prioritization Panel (P5) Report. meeting of the Environmental advance will be given the opportunity to • Discussion of Department of Energy Management Advisory Board. The speak first. Others will be High Energy Physics Programs. Federal Advisory Committee Act (Public accommodated as time permits. The • Discussion of National Science Law 92–463, 86 Stat. 770) requires that Board Chair will conduct the meeting in Foundation Elementary Particle Physics public notice of these meetings be a manner that permits the orderly Program. announced in the Federal Register. conduct of business. Minutes: We will make the minutes of • Discussion of the High-Energy DATES: Thursday, September 18th and the meeting available for public review Physics Facilities Recommended For the Friday, September 19th, 2003. and copying by December 20, 2003. The DOE Office of Science Twenty-Year ADDRESSES: U.S. Department of Energy, minutes and transcript of the meeting Roadmap Report. Forrestal Building, 1000 Independence will be available for viewing at the • Discussion of High Energy Physics Avenue SW., (Room 6E–069), Freedom of Information Public Reading University Programs. Washington, DC 20585. Room (1E–190) in the Forrestal • Reports on and Discussion of U.S. Building, U.S. Department of Energy, Large Hadron Collider Activities. FOR FURTHER INFORMATION CONTACT: • James T. Melillo, Executive Director of 1000 Independence Avenue, SW., Reports on and Discussion of the Environmental Management Washington, DC 20585. The Room is Topics of General Interest in High open Monday through Friday from 9 Energy Physics. Advisory Board, (EM–10), 1000 • Independence Avenue SW., (Room 5B– a.m.–4 p.m. except on Federal holidays. Public Comment (10-minute rule). Public Participation: The meeting is 171), Washington, DC 20585. The Issued in Washington, DC on August 19, open to the public. If you would like to telephone number is 202–586–4400. 2003. file a written statement with the Panel, The Internet address is Rachel M. Samuel, you may do so either before or after the [email protected]. Deputy Advisory Committee Management meeting. If you would like to make oral SUPPLEMENTARY INFORMATION: Officer. statements regarding any of these items Purpose of the Board: The purpose of [FR Doc. 03–21546 Filed 8–21–03; 8:45 am] on the agenda, you should contact Bruce the Board is to provide the Assistant BILLING CODE 6450–01–M Strauss, 301–903–3705 or Secretary for Environmental [email protected] (e-mail). Management (EM) with advice and You must make your request for an oral recommendations on corporate issues DEPARTMENT OF ENERGY statement at least 5 business days before confronting the Environmental Office of Science; High Energy Physics the meeting. Reasonable provision will Management Program. The Board will Advisory Panel; Meeting be made to include the scheduled oral contribute to the effective operation of statements on the agenda. The the Environmental Management AGENCY: Department of Energy. Chairperson of the Panel will conduct Program by providing individual ACTION: Notice of open meeting. the meeting to facilitate the orderly citizens and representatives of conduct of business. Public comment interested groups an opportunity to SUMMARY: This notice announces a will follow the 10-minute rule. present their views on issues facing the meeting of the High Energy Physics Minutes: The minutes of the meeting Office of Environmental Management Advisory Panel (HEPAP). Federal will be available for public review and and by helping to secure consensus Advisory Committee Act (Public Law copying within 90 days at the Freedom recommendations on those issues. 92–463, 86 Stat. 770) requires that of Information Public Reading Room;

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Room 1E–190; Forrestal Building; 1000 LLC (the ‘‘Acquirers’’) so that upon System Operator, Inc. (jointly, the Independence Avenue, SW., consummation of the proposed Applicants) filed a compliance filing in Washington, DC, between 9 a.m. and 4 transaction, the Acquirers will own accordance with the Commission’s p.m., Monday through Friday, except 100% of Hardee Power. Applicants order issued on July 31, 2003 in Docket Federal holidays. request confidential treatment for the No. ER02–2233–002, et al. See Ameren Issued at Washington, DC on August 19, documents contained in Exhibit I. Services Company, 104 FERC ¶ 61,178 2003. Comment Date: August 29, 2003. (July 31 Order). Rachel M. Samuel, 3. Carolina Power & Light Company The Applicants have requested waiver Deputy Advisory Committee Management. and Florida Power Company of the requirements set forth in 18 CFR [FR Doc. 03–21545 Filed 8–21–03; 8:45 am] 385.2010. The Midwest ISO has [Docket Nos. ER01–1807–012 and ER01– electronically served a copy of this BILLING CODE 6450–01–M 2020–009] filing, with attachments, upon all Take notice that on August 8, 2003, Midwest ISO Members, Member DEPARTMENT OF ENERGY Carolina Power & Light Company and representatives of Transmission Owners Florida Power Corporation tendered for and Non-Transmission Owners, the Federal Energy Regulatory filing with the Federal Energy Midwest ISO Advisory Committee Commission Regulatory Commission modifications participants, Policy Subcommittee to their Open Access Transmission participants, as well as all state [Docket Nos. EC03–120–000, et al.] Tariffs (OATT) that modify the commissions within the region. In Virginia Electric and Power Company, compliance filing that they made on addition, the filing has been et al.; Electric Rate and Corporate June 16, 2003 in Docket Nos. ER01– electronically posted on the Midwest Filings 1807–011 and ER01–2020–008. Carolina ISO’s Web site at www.midwestiso.org Power & Light Company states that under the heading ‘‘Filings to FERC’’ for August 13, 2003. copies of the filing were served upon other interested parties in this matter. the public utility’s jurisdictional Comment Date: August 29, 2003. 1. Virginia Electric and Power customers, the North Carolina Utilities Company Commission and the Florida Public 6. Entergy Services, Inc. [Docket No. EC03–120–000] Service Commission. [Docket No. ER03–1037–001] Comment Date: August 29, 2003. Take notice that on August 8, 2003, Take notice that on August 8, 2003, Virginia Electric and Power Company 4. Ameren Services Company Entergy Services, Inc., (Entergy (Dominion Virginia Power), tendered for [Docket No. ER02–2233–007] Services) on behalf of Entergy Arkansas, filing with the Federal Energy Inc., Entergy Gulf States, Inc., Entergy Regulatory Commission (Commission), Take notice that on August 7, 2003, Louisiana, Inc., Entergy Mississippi, pursuant to Section 203 of the Federal the GridAmerica Participants and the Inc., and Entergy New Orleans, Inc., Power Act and part 33 of the Midwest Independent Transmission tendered for filing fully executed copies Commission’s regulations, an System Operator, Inc. (Midwest ISO) of an Amendment to the Service application (Application) requesting filed a compliance filing in accordance Agreement for Network Integration Commission authorization for the with the Commission’s Orders issued on Transmission Service and Network Applicant’s proposed purchase of an July 23, 2003 and July 31, 2003 in the Operating Agreement between Entergy approximately 240 MW cogeneration Docket No. ER02–2233–002 et al. See Services and the City of North Little facility and its appurtenant transmission Ameren Services Company, 104 FERC Rock, Arkansas, which had been facilities located in Gordonsville, ¶ 61,097 (July 23 Order); Ameren previously submitted for filing in Virginia. Services Company, 104 FERC ¶ 61,178 Docket No. ER03–1037–000 on July 3, Dominion Virginia Power states that (July 31 Order). 2003. copies of the filing were served upon The Midwest ISO has requested Dominion Virginia Power’s wholesale waiver of the requirements set forth in Comment Date: August 29, 2003. requirements customers, the Virginia 18 CFR 385.2010. The Midwest ISO 7. PJM Interconnection, L.L.C. State Corporation Commission and the states that it has electronically served a [Docket No. ER03–1173–000] North Carolina Utilities Commission. copy of this filing, with attachments, Comment Date: August 29, 2003. upon all Midwest ISO Members, Take notice that on August 7, 2003, Member representatives of Transmission PJM Interconnection, L.L.C. (PJM), 2. Hardee Power Partners, Limited Owners and Non-Transmission Owners, submitted amendments to Schedule 2 of Invenergy Investment Company LLC the Midwest ISO Advisory Committee the PJM Open Access Transmission GTCR Fund VIII, L.P., GTCR Fund VIII/ participants, Policy Subcommittee Tariff (PJM Tariff) to reflect revised WPS B, L.P., Hardee GP LLC, Hardee LP LLC participants, as well as all state Westwood Generation, LLC (Westwood) [Docket No. EC03–121–000] commissions within the region. In revenue requirements for Reactive Take notice that on August 8, 2003, addition, the filing has been Supply and Voltage Control from Hardee Power Partners, Limited (Hardee electronically posted on the Midwest Generation Sources Service as a result of Power), Invenergy Investment Company ISO’s Web site at www.midwestiso.org a settlement agreement accepted by the LLC, GTCR Fund VIII, L.P., GTCR Fund under the heading ‘‘Filings to FERC’’ for Commission in Dockets No. ER02– VIII/B, L.P., Hardee GP LLC and Hardee other interested parties in this matter. 2361–000 and ER02–2361–001, 103 LP LLC (the Applicants) filed with the Comment Date: August 28, 2003. FERC ¶ 61,298. PJM states that copies of this filing Federal Energy Regulatory Commission 5. Ameren Services Company (Commission) an application pursuant have been served on all PJM members, to Section 203 of the Federal Power Act [Docket Nos. ER02–2233–008] Westwood, and each state electric utility for authorization of the transfer of 100% Take notice that on August 8, 2003, regulatory commission in the PJM of the partnership interests in Hardee the GridAmerica Participants and the region. Power to Hardee GP LLC and Hardee LP Midwest Independent Transmission Comment Date: August 28, 2003.

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8. Pacific Gas and Electric Company Conectiv Bethlehem, L.L.C., and PPL c. Date Filed: July 3, 2003. [Docket No. ER03–1175–000] Electric Utilities Corporation and a d. Applicant: Central Vermont Public notice of cancellation of an Interim ISA Service Corporation. Take notice that on August 7, 2003, that has been superseded. e. Name of Project: Lamoille River Pacific Gas and Electric Company PJM requests a waiver of the Hydroelectric Project. (PG&E) tendered for filing revised Commission’s 60-day notice f. Location: Located on the Lamoille Generator Special Facilities Agreements, requirement to permit a July 16, 2003 River, in Franklin, Lamoille, and Generator Interconnection Agreements, effective date for the ISA. PJM states Chittenden Counties, Vermont. Supplemental Letter Agreements and that copies of this filing were served g. Filed Pursuant to: Rule 602 of the Amendments between PG&E and the upon the parties to the agreement and Commission’s Rules of Practice and following Calpine-owned parties: Los the state regulatory commissions within Procedure, 18 CFR 385.602. Esteros Critical Energy Facility, LLC the PJM region. h. Applicant Contact: Mr. Michael J. (Los Esteros); Yuba City Energy Center, Comment Date: August 28, 2003. LLC (Yuba City); Gilroy B Feather River Scarzello, Engineer, Central Vermont Energy Center, LLC (Gilroy B Feather Standard Paragraph Public Service Corp., 77 Grove St., Rutland, VT 05701–3403 (802) 247– River); and Riverview Energy Center, Any person desiring to intervene or to 5207. LLC (Riverview). protest this filing should file with the i. FERC Contact: Jack Duckworth at PG&E has requested certain waivers. Federal energy Regulatory Commission, (202) 502–692, or by e-mail at PG&E states that copies of this filing 888 First Street, NE., Washington, DC [email protected]. have been served upon Calpine, Los 20426, in accordance with Rules 211 j. Deadline for Filing Comments: The Esteros, Yuba City, Gilroy B Feather and 214 of the Commission’s Rules of deadline for filing comments on the River, Riverview, the California Practice and Procedure (18 CFR 385.211 Settlement Agreement is 20 days from Independent System Operator and 385.214). Protests will be the date of this notice. The deadline for Corporation and the CPUC. considered by the Commission in filing reply comments is 30 days from Comment Date: August 28, 2003. determining the appropriate action to be the date of this notice. All documents taken, but will not serve to make 9. PJM Interconnection, L.L.C. (original and eight copies) should be protestants parties to the proceeding. filed with: Magalie R. Salas, Secretary, [Docket No. ER03–1176–000] Any person wishing to become a party Federal Energy Regulatory Commission, Take notice that on August 7, 2003, must file a motion to intervene. All such 888 First Street, NE., Washington, DC PJM Interconnection, L.L.C. (PJM), motions or protests should be filed on 20426. submitted for filing an amended or before the comment date, and, to the Under the Commission’s Rules of interconnection service agreement extent applicable, must be served on the Practice, intervenors in the relicensing among PJM, Marina Energy, L.L.C., and applicant and on any other person proceeding filing documents with the Atlantic City Electric Company d/b/a designated on the official service list. Commission must serve a copy of that Conectiv Power Delivery. This filing is available for review at the document on each person on the official PJM requests a waiver of the Commission or may be viewed on the service list for the project. Further, if an Commission’s 60-day notice Commission’s Web site at http:// intervenor files comments or documents requirement to permit a July 9, 2003 www.ferc.gov, using the eLibrary with the Commission relating to the effective date for the agreement. PJM (FERRIS) link. Enter the docket number merits of an issue that may affect the states that copies of this filing were excluding the last three digits in the responsibilities of a particular resource served upon the parties to the agreement docket number field to access the agency, they must also serve a copy of and the state regulatory commissions document. For assistance, please contact the document on that resource agency. within the PJM region. FERC Online Support at Comments may be filed electronically Comment Date: August 28, 2003. [email protected] or toll- via the Internet in lieu of paper. See 18 free at (866) 208–3676, or for TTY, 10. PJM Interconnection, L.L.C. CFR 385.2001(a)(1)(iii) and the contact (202) 502–8659. Protests and [Docket No. ER03–1177–000] instructions of the Commission’s Web interventions may be filed. Take notice that on August 7, 2003, site (http://www.ferc.gov) under the ‘‘e- PJM Interconnection, L.L.C. (PJM), Magalie R. Salas, filing’’ link. submitted for filing an interim Secretary. k. Central Vermont Public Service interconnection service agreement [FR Doc. 03–21565 Filed 8–21–03; 8:45 am] Corporation filed the Comprehensive among PJM, Pleasants Energy, L.L.C., BILLING CODE 6717–01–P Settlement Agreement on behalf of itself and Allegheny Power. and 5 other stakeholders. The purpose PJM requests a waiver of the of the Settlement Agreement is to Commission’s 60-day notice DEPARTMENT OF ENERGY resolve, among the signatories, all water requirement to permit a July 29, 2003 resource related issues of Central effective date for the agreement. PJM Federal Energy Regulatory Vermont Public Service Corporation’s states that copies of this filing were Commission pending Application for New License served upon the parties to the agreement for the Lamoille River Hydroelectric Notice of Settlement Agreement and and the state regulatory commissions Project. The relicensing issues resolved Soliciting Comments within the PJM region. through the settlement include Comment Date: August 28, 2003. August 13, 2003. requirements for reservoir drawdowns, bypass flows, downstream flows, and 11. PJM Interconnection, L.L.C. Take notice that the following settlement agreement has been filed fish passage. Central Vermont Public [Docket No. ER03–1178–000] with the Commission and is available Service Corporation requests that the Take notice that on August 7, 2003, for public inspection. Commission approve the Settlement PJM Interconnection, L.L.C. (PJM), a. Type of Application: Settlement Agreement and incorporate the submitted for filing an interconnection Agreement. proposed project operation restrictions service agreement (ISA) among PJM, b. Project No.: 2205–006. and requirements in Appendix A of the

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Settlement Agreement into a new i. FERC Contact: Any questions on comment date for the particular license for the project. this notice should be addressed to Ms. application. l. A copy of the Settlement Agreement Shana High at (202) 502–8674, or e-mail o. Filing and Service of Responsive is available for review at the address: [email protected]. Documents—Any filings must bear in Commission in the Public Reference j. Deadline for filing comments and or all capital letters the title Room or may be viewed on the motions: September 2, 2003. ‘‘COMMENTS’’, Commission’s Web site at http:// All documents (original and eight ‘‘RECOMMENDATIONS FOR TERMS www.ferc.gov, using the eLibrary copies) should be filed with: Ms. AND CONDITIONS’’, ‘‘PROTEST’’, OR (FERRIS) link. Enter the docket number, Magalie Roman Salas, Secretary, Federal ‘‘MOTION TO INTERVENE’’, as excluding the last three digits in the Energy Regulatory Commission, 888 applicable, and the Project Number of docket number field to access the First Street, NE., Washington DC 20426. the particular application to which the document. For assistance, contact FERC Please include the project number (P– filing refers. A copy of any motion to Online Support at 2169–022) on any comments or motions intervene must also be served upon each [email protected] or toll- filed. Comments, protests, and representative of the Applicant free at 1–866–208–3676, or for TTY, interventions may be filed electronically specified in the particular application. (202) 502–8659. A copy is also available via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the p. Agency Comments: Federal, state, for inspection and reproduction at the and local agencies are invited to file address in item h above. Register online instructions on the Commission’s Web site under the ‘‘e-Filing’’ link. The comments on the described at http://www.ferc.gov/ applications. A copy of the applications esubscribenow.htm to be notified via e- Commission strongly encourages e- filings. may be obtained by agencies directly mail of new filings and issuances from the Applicant. If an agency does related to this or other pending projects. k. Description of Request: Tapoco is seeking Commission authorization to not file comments within the time For assistance, contact FERC Online specified for filing comments, it will be Support. issue a permit for non-project use of project lands and waters. The permit presumed to have no comments. One Linda Mitry, would be issued to modify the existing copy of an agency’s comments must also Acting Secretary. Santeetlah Marina, LLC. The proposed be sent to the Applicant’s [FR Doc. 03–21502 Filed 8–21–03; 8:45 am] modification would increase mooring representatives. BILLING CODE 6717–01–P capacity from 100 to 180 watercraft, as q. Comments, protests and needed, and would authorize interventions may be filed electronically construction of a new marina store. via the Internet in lieu of paper. See 18 DEPARTMENT OF ENERGY Santeetlah Marina, LLC is located on the CFR 385.2001(a)(1)(iii) and the Santeetlah Development, on the Cheoah instructions on the Commission’s Web Federal Energy Regulatory and Little Tennessee Rivers in Graham site at http://www.ferc.gov under the ‘‘e- Commission and Swain Counties, North Carolina. Filing’’ link. l. Location of the Applications: The [Project No. 2169–022] filings are available for review at the Magalie R. Salas, Secretary. Notice of Applications for Non-Project Commission in the Public Reference [FR Doc. 03–21528 Filed 8–21–03; 8:45 am] Use of Project Lands and Soliciting Room , located at 888 First Street, NE., Comments, Motions To Intervene, and Room 2A, Washington, DC 20426, or BILLING CODE 6717–01–P Protests may be viewed on the Commission’s Web site at http://www.ferc.gov using August 18, 2003. the ‘‘eLibrary’’ link. Enter the docket DEPARTMENT OF ENERGY Take notice that the following number excluding the last three digits in Federal Energy Regulatory application has been filed with the the docket number field to access the Commission Commission and is available for public document. For assistance, please call inspection: the Helpline at (866) 208–3676 or Notice of Scoping Meeting and a. Application Type: Non-Project Use contact Soliciting Scoping Comments for an of Project Lands. [email protected]. For Applicant Prepared Environmental b. Project No: 2169–022. TTY, contact (202) 502–8659. Assessment Using the Alternative c. Date Filed: March 13, 2003. m. Individuals desiring to be included Licensing Process d. Applicant: Alcoa Power Generating on the Commission’s mailing list should Inc., Tapoco Division (Tapoco). so indicate by writing to the Secretary August 18, 2003. e. Name of Project: Tapoco of the Commission. a. Type of Application: Alternative Hydroelectric Project. n. Comments, Protests, or Motions to Licensing Process. f. Location: The project is located on Intervene—Anyone may submit b. Project No.: 2101. the Cheoah and Little Tennessee Rivers, comments, a protest, or a motion to in Blount and Monroe Counties, intervene in accordance with the c. Applicant: Sacramento Municipal Tennessee, and Graham and Swain requirements of Rules of Practice and Utility District (SMUD). Counties, North Carolina. The project Procedure, 18 CFR 385.210, .211, .214. d. Name of Project: Upper American consists of four developments: In determining the appropriate action to River Project. Chilhowee, Cheoah, Santeetlah, and take, the Commission will consider all e. Location: In the Rubicon River, Calderwood. protests or other comments filed, but Silver Creek, and South Fork American g. Filed Pursuant to: Federal Power only those who file a motion to River watersheds in El Dorado and Act, 16 U.S.C. 791 (a) 825(r) and 799 intervene in accordance with the Sacramento counties, California. The and 801. Commission’s Rules may become a project occupies federal lands within h. Applicant Contact: Mr. J. E. Adams, party to the proceeding. Any comments, the El Dorado National Forest. Tapoco, Inc., 300 N. Hall Road, Alcoa, protests, or motions to intervene must f. Filed Pursuant to: Federal Power TN 37701, (423) 977–3333. be received on or before the specified Act, 16 U.S.C. 791(a)–825(r).

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g. Applicant Contact: David F. k. The Upper American River Project Commission by July 2005. Although Hanson, Project Manager, Hydro facilities consist of several existing SMUD’s intent is to prepare an EA, Relicensing at (916) 732–6703. reservoirs, a series of powerhouses and there is the possibility that an h. FERC Contact: James Fargo at (202) about 180 miles of transmission line. Environmental Impact Statement (EIS) 502–6095; e-mail [email protected]. The project has a total installed capacity will be required. Nevertheless, this j. Deadline for filing scoping of 688,000 kilowatts. meeting will satisfy the NEPA scoping comments: September 17, 2003. requirements, irrespective of whether an Scoping Process All documents (original and eight EA or EIS is issued by the Commission. copies) should be filed with: Magalie R. SMUD will complete and file a The purpose of this notice is to inform Salas, Secretary, Federal Energy preliminary Environmental Assessment, you of the opportunity to participate in Regulatory Commission, 888 First in lieu of Exhibit E of the license the upcoming scoping meetings Street, NE., Washington, DC 20426. application. This differs from the The Commission’s Rules of Practice identified below, and to solicit your and Procedure require all interveners traditional process, in which an scoping comments. applicant consults with agencies, Indian filing documents with the Commission Scoping Meetings to serve a copy of that document on tribes, NGOs, and other parties during each person on the official service list preparation of the license application SMUD and the Commission staff will for the project. Further, if an intervener and before filing the application, but the hold three scoping meetings, (1) in the files comments or documents with the Commission staff performs the daytime and (2) in the evening, to help Commission relating to the merits of an environmental review after the us identify the scope of issues to be issue that may affect the responsibilities application is filed. The alternative addressed in the APEA. of a particular resource agency, they procedures are intended to simplify and The daytime scoping meeting will must also serve a copy of the document expedite the licensing process by focus on resource agency concerns, on that resource agency. combining the pre-filing consultation while the evening scoping meetings are Scoping comments may be filed and environmental review processes primarily for public input. All electronically via the Internet in lieu of into a single process, to facilitate greater interested individuals, organizations, paper. The Commission strongly participation, and to improve and agencies are invited to attend any encourages electronic filings. See 18 communication and cooperation among of the meetings, and to help the staff in CFR 385.2001(a)(1)(iii) and the the participants. identifying the environmental issues instructions on the Commission’s Web SMUD expects to file the APEA and that should be analyzed in the APEA. site (http://www.ferc.gov) using the ‘‘e- the license application for the Upper The times and locations of these library’’ link. American River Project with the meetings are as follows:

Date Time Location

September 9, Tuesday ...... 6 p.m.–8 p.m ...... SMUD Customer Services Center, 6301 S Street, Sacramento. September 10, Wednesday ...... 9 a.m.–4 p.m ...... SMUD Customer Services Center, 6301 S Street, Sacramento. September 11, Thursday ...... 6 p.m.–8 p.m ...... Building C, County Government Center, 2850 Fairlane Court, Placerville.

To help focus discussions, Scoping Based on all written comments the formal record of the Commission Document 1 is available for public received, a Scoping Document 2 (SD2) proceeding on the project. review at the Sacramento Public Library may be issued. SD2 will include a Individuals, organizations, and (828 I Street), the El Dorado County revised list of issues, based on the agencies with environmental expertise Library (345 Fair Lane, Placerville) and scoping sessions. and concerns are encouraged to attend on SMUD’s hydro relicensing Web page the meetings and to help define and http://www.smud.org/relicensing. Objectives clarify the issues to be addressed in the Scoping Document 1 outlines the At the scoping meetings, the SMUD APEA. subject areas to be addressed in the and FERC staff will: (1) Summarize the Magalie R. Salas, APEA. environmental issues tentatively SD1 is available for review at the Secretary. identified for analysis in the APEA; (2) Commission in the Public Reference [FR Doc. 03–21529 Filed 8–21–03; 8:45 am] solicit from the meeting participants all Room or may be viewed on the BILLING CODE 6717–01–P available information, especially Commission’s Web site at http:// quantifiable data, on the resources at www.ferc.gov using the ‘‘FERRIS’’ link. issue; (3) encourage statements from Enter the docket number excluding the ENVIRONMENTAL PROTECTION experts and the public on issues that last three digits in the docket number AGENCY field to access the document. For should be analyzed in the APEA, assistance, contact FERC Online including viewpoints in opposition to, [FRL–7548–5] Support at or in support of, the staffs’ preliminary Environmental Laboratory Advisory [email protected] or toll- views; (4) determine the resource issues Board; New Membership free at 1–866–208–3676, or for TTY, to be addressed in the APEA; and (5) identify those issues that require a (202) 502–8659. AGENCY: Environmental Protection You may also register online at detailed analysis, as well as those issues Agency (EPA). that do not require a detailed analysis. http://www.ferc.gov/esubscribenow.htm ACTION: Notice. to be notified via email of new filings Procedures and issuances related to this or other The Charter for the Environmental pending projects. For assistance, contact The meetings will be recorded by a Protection Agency’s Environmental FERC Online Support. stenographer and will become part of Laboratory Advisory Board (ELAB) has

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been renewed for an additional two-year systems and standards of accreditation Summary: EPA has lack of objections period, as a necessary committee which for environmental laboratories. to the proposed action. is in the public interest, in accordance It is determined that ELAB is in the However, EPA recommends that with the provisions of the Federal public interest in connection with the further information regarding project Advisory Committee Act (FACA), 5 performance of duties imposed on the description, project need and adequate U.S.C. App. 2 section 9(c). The purpose Agency by law. mitigation be included in the FEIS. of ELAB is to provide advice and Inquiries may be directed to Lara P. ERP No. D–FHW–F40413–IL Rating recommendations to the Administrator Autry, NELAC/NELAP Director, U.S. EC2, US 20 (FAP 301) Construction of EPA on issues associated with the Environmental Protection Agency, Project, IL–84 north of Galena to Bolton systems and standards of accreditation Office of Research and Development, Road northwest of Freeport, Funding, for environmental laboratories. ELAB is National Exposure Research Laboratory, NPDES Permit and U.S. Army COE composed of representatives of non- Environmental Sciences Division, Section 404 Permit Issuance, Jo Davies Federal interest that were selected from Landscape Characterization Branch and Stephenson Counties, IL. among, but not limited to, trade (E243–05), Research Triangle Park, NC Summary: EPA has environmental associations for the environmental 27711 or by e-mail: [email protected]. concerns with the proposed project laboratory industry, trade associations Dated: July 30, 2003. relating to: (1) Karst areas and from EPA’s regulated community, Henry L. Longest, groundwater contamination, (2) environmental public interest groups, Acting Assistant Administrator, Office of impaired water impacts, (3) neotropical academia, local and tribal governments, Research and Development. migrant impacts, and (4) forest impact and laboratory assessment bodies. ELAB [FR Doc. 03–21600 Filed 8–21–03; 8:45 am] mitigation. is currently seeking additional BILLING CODE 6560–50–M ERP No. D–FHW–F40414–OH Rating membership from these areas of interest, EC2, Butler County, OH–63 Extension to or others, with experience in the U.S. 127 (Trenton Area Access), systems and standards of accreditation ENVIRONMENTAL PROTECTION Construction of a Multi-Lane Limited for environmental laboratories. AGENCY Access, Divided Highway on New Resumes and letters of interest may be [ER–FRL–6643–2] Alignment from east of OH–41/OH–63 directed to Lara P. Autry, NELAC/ Interchange in the City of Monroe, NELAP Director, U.S. Environmental Environmental Impact Statements and Funding, Butler County, OH. Protection Agency, Office of Research Regulations; Availability of EPA Summary: EPA has environmental and Development, National Exposure Comments concerns with the proposed project Research Laboratory, Environmental regarding potential ground water Sciences Division, Landscape Availability of EPA comments contamination in a federally-designated Characterization Branch (E243–05), prepared pursuant to the Environmental sole source aquifer (the Great Miami/ Research Triangle Park, NC 27711 or by Review Process (ERP), under Section Little Miami Buried Valley Aquifer e-mail: [email protected]. Inquiries 309 of the Clean Air Act and Section System). EPA also asks that more must be submitted by August 15, 2003 102(2)(c) of the National Environmental information be provided on wetlands for consideration. Policy Act as amended. Requests for mitigation and impacts to surface water. copies of EPA comments can be directed ERP No. D–FHW–F40415–IN Rating Dated: July 30, 2003. to the Office of Federal Activities at Henry L. Longest, EC2, US 31 Improvement Project (I–465 (202) 564–7167. to IN–38) between I–465 North Leg and Acting Assistant Administrator, Office of An explanation of the ratings assigned IN–38, Funding, NPDES Permit and U.S. Research and Development. to draft environmental impact Army Section 10 and 404 Permits [FR Doc. 03–21599 Filed 8–21–03; 8:45 am] statements (EISs) was published in FR Issuance, Hamilton County, IN. BILLING CODE 6560–50–P dated April 4, 2003 (68 FR 16511). Summary: EPA has environmental Draft EISs concerns with the preferred alternative ENVIRONMENTAL PROTECTION ERP No. D–AFS–J70021–SD Rating regarding potentially adverse impacts to AGENCY EC2, Prairie Project Area (Lower Rapid public drinking water supplies, forests, Creek Area), Multiple Resource wetlands, streams and floodplains. EPA [FRL–7548–6] Management Actions, Implementation, recommends the FEIS include specific mitigation measures to minimize and/or Environmental Laboratory Advisory Black Hills National Forest, Mystic compensate for these impacts. Board; Notice of Charter Renewal Ranger District, Pennington County, ID. Summary: EPA has environmental ERP No. D–FHW–G40174–TX Rating AGENCY: Environmental Protection concerns about potential soil erosion, LO, Eastern Extension of the President Agency (EPA). runoff and degradation of water quality George Bush Turnpike (PGBT) from TX– ACTION: Notice. and stream habitat, stream 78 to I–30, New Controlled Access sedimentation, and impacts to wildlife Tollway Construction at a New The Charter for the Environmental and sensitive species. EPA Location, Cities of Garland, Sachse, Protection Agency’s Environmental recommended the final EIS include Rowlett and Dallas, Dallas County, TX. Laboratory Advisory Board (ELAB) has measures to minimize impacts to Summary: EPA has no objections to been renewed for an additional two-year important wildlife habitat and private the project as proposed. EPA period, as a necessary committee which property when harvesting on the Forest recommends additional information is in the public interest, in accordance Service-private land interface. regarding the areas of air quality and with the provisions of the Federal ERP No. D–FHW–E40797–MS Rating floodplain mitigation be included in the Advisory Committee Act (FACA), 5 LO, Airport Parkway Extension, FEIS. U.S.C. App. 2 section 9(c). The purpose Improvements to MS–475 from I–20 to ERP No. D–NPS–G65086–TX Rating of ELAB is to provide advice and Old Brandon Road, U.S. Army COE LO, Big Bend National Park General recommendations to the Administrator Section 404 Permit Issuance, Rankin Management Plan, Implementation, of EPA on issues associated with the County, MS. Brewster County, TX.

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Summary: EPA has no objections to Winchester to Temecula Corridor, EIS No. 030376, DRAFT EIS, FHW, AK, the selection of the preferred alternative Construction of a New Multi-Modal Gravina Access Project, Improve as described. Transportation Facility, Route Location Surface Transportation between ERP No. D–NPS–J65384–MT Rating and Right-of-Way Preservation, Revillagigedo Island and Gravina EC2, Glacier National Park Commercial Riverside County, CA. Island, Ketchikan Gateway Borough, Services Plan, and General Management Summary: EPA has environmental Funding by (TEA–21), Endangered Plan, Implementation, Glacier National concerns regarding the preferred Species Act Section 7, NPDES, U.S. Park, a Portion of Waterton-Glacier alternative’s contribution to habitat Army COE Section 404 Permit, AK, International Peace Park, Flathead and fragmentation, and impacts to Comment Period Ends: October 6, Glacier Counties, MT. endangered species, waters of the 2003, Contact: Tim A. Haugh (907) Summary: EPA expressed United States, water quality and air 586–7418. This document is available environmental concerns with potential quality. EPA requests clarifications in on the Internet at: http:// impacts to outstanding resource waters the Record of Decision, and www.gravina-access.com. within Glacier National Park from commitments that these key issues be EIS No. 030377, DRAFT EIS, AFS, MT, stream channel maintenance activities addressed in the Tier 2 project level North Belts Travel Plan and the Dry and construction. EPA believes evaluation. Range Project, Provide Motorized and additional information should be ERP No. F–USN–K11107–CA, Naval Non-motorized Recreation, Helena presented to fully assess and mitigate all Station Treasure Island Disposal and National Forest, Broadwater, Lewis & potential impacts of the management Reuse Property, Implementation, Local Clark and Meagher Counties, MT, actions. Redevelopment Authority (LRA), City of Comment Period Ends: October 6, 2003, Contact: Beth Ihle (406) 266– Final EISs San Francisco, San Francisco County, CA. 3425. This document is available on ERP No. F–AFS–K65249–CA, Stream Summary: No formal comment letter the Internet at: http://www.fs.fed.us/ Fire Restoration Project, was sent to the preparing agency. r1/helena/projects. Implementation, Plumas National ERP No. FS–COE–G39002–00, Red EIS No. 030378, FINAL EIS, FRC, LA, Forest, Mt. Hough Ranger District, River Chloride Control Project, Hackberry Liquified Natural Gas Plumas County, CA. Authorization to Reduce the Natural (LNG) Terminal and Natural Gas Summary: No formal comment letter Occurring Levels of Chloride in the Pipeline Facilities, Construction and was sent to the preparing agency. Wichita River Portion Only, North, Operation, Cameron, Calcasieu, and ERP No. F–BLM–K61155–CA, Middle and South Forks, Wichita River Beauregard Parishes, LA, Wait Period Imperial Sand Dunes Recreation Area and Red River, Implementation, Tulsa Ends: September 22, 2003, Contact: Management Plan Revision and Update District, Wichita County, TX. Thomas Russo (800) 208–3372. and Amendment to the California Desert Summary: EPA had no objections to EIS No. 030379, FINAL EIS, BLM, WY, Conservation Area Plan, the preferred alternative. Pittsburg and Midway Coal Mining Implementation, Imperial County, CA. ERP No. FS–UAF–K11076–00, Proposal (WYW148816), Exchange of Summary: No formal comment letter Airborne Laser (ABL) Program, Private Owned Land P&M for was sent to the preparing agency. Conducting Test Activities at Kirtland Federally-Owned Coal, Lincoln, ERP No. F–COE–G39036–TX, North Air Force Base (AFB) and White Sands Carbon and Sheridan Counties, WY, Padre Island Storm Damage Reduction Missile Range/Holloman AFB, New Wait Period Ends: September 22, and Environmental Restoration Project, Mexico; and Edwards AFB and 2003, Contact: Nancy Doelger (307) Construction of a Channel between the Vandenberg AFB, California, NM and 261–7627. This document is available Laquna Madre and the Gulf of Mexico CA. on the Internet at: http:// across North Padre Island referred to as Summary: No formal comment letter www.wy.blm.gov. Packery Channel Project, Nueces was sent to the preparing agency. EIS No. 030380, REVISED DRAFT EIS, County, TX. COE, CA, Port of Long Beach Pier J Summary: EPA had no objections to Dated: August 19, 2003. South Terminal Expansion Project, the proposed action. Joseph C. Montgomery, Additional Cargo Requirements ERP No. F–DOE–L08055–WA, Director, NEPA Compliance Division, Office Associated with Growing Export and Kangley—Echo Lake Transmission Line of Federal Activities. Import Volumes, Port Master Plan Project, New 500-kilovolt (kV) [FR Doc. 03–21601 Filed 8–21–03; 8:45 am] (PMP) Amendment, COE Section 404, Transmission Line Construction, U.S. BILLING CODE 6560–50–P 401 and 10 Permits, City of Long Army COE Section 10 and 404 Permits Beach, CA, Comment Period Ends: Issuance, King County, WA. October 6, 2003, Contact: Dr. Aaron O. Summary: No formal comment letter ENVIRONMENTAL PROTECTION Allen (805) 585–2148. was sent to the preparing agency. AGENCY EIS No. 030381, FINAL EIS, NRC, NB, ERP No. F–DOE–L08063–WA, [ER–FRL–6643–1] GENERIC EIS—Fort Calhoun Station, Plymouth Generating Facility, Unit 1, Renewal of the Operating Construction and Operation of a 307- Environmental Impact Statements; Licenses (OLs) for an Additional 20 megawatt (MW) Natural Gas-Fired Notice of Availability Years, Supplement 12 (NUREG–1437) Combined Cycle Power Generation Omaha Public Power District, Facility on a 44.5 Acre Site, Conditional Responsible Agency: Office of Federal Washington County, NB, Wait Period Use/Special Use Permit Issuance, Activities, General Information (202) Ends: September 22, 2003, Contact: Benton County, WA. 564–7167 or http://www.epa.gov/ Jack Cushing (301) 415–1424. Summary: EPA continues to have compliance/nepa/. EIS No. 030382, FINAL EIS, AFS, OR, environmental concerns with the lack of Weekly receipt of Environmental Impact ID, OR, ID, Hells Canyon National a comprehensive air quality cumulative Statements Recreation Area (HCNRA), effects analysis. Filed August 11, 2003 Through August Comprehensive Management Plan, ERP No. F–FHW–K40253–CA, 15, 2003 Implementation, Wallowa-Whitman Riverside County Integrated Project, Pursuant to 40 CFR 1506.9. National Forest, Nez Perce and

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Payette National Forests, Bake and EIS No. 030266, DRAFT EIS, EPA, KY, the public wishing to make a Wallowa Counties, OR and Nez Perce VA, TN, WV, Programmatic— presentation at the meeting should and Adam Counties, ID, Wait Period Mountaintop Mining and Valley Fills contact Shirley Hamilton, Designated Ends: September 22, 2003, Contact: Program Guidance, Policies or Federal Officer, Office of Research and Elaine Kohrman (541) 523–1331. This Regulations to Minimize Adverse Development (8701R), 1200 document is available on the Internet Environmental Effects to Waters of the Pennsylvania Avenue, NW., at: http://www.fs.fed.us/hellscanyon/. U.S. and Fish and Wildlife Resources, Washington, DC 20460; or by telephone EIS No. 030383, FINAL EIS, AFS, OR, Implementation, Appalachia, at (202) 564–6853. In general, each Silvies Canyon Watershed Restoration Appalachian Study Area, WV, KY, VA individual making an oral presentation Project, Additional Information and TN, Comment Period Ends: will be limited to a total of three concerning Ecosystem Health January 6, 2004, Contact: John Forren minutes. Improvements in the Watershed, (EPA) (215) 814–2705. Revision of FR FOR FURTHER INFORMATION CONTACT: Grant and Harney Counties, OR, Wait Notice Published on 6/13/2003: CEQ Shirley R. Hamilton, Designated Federal Period Ends: September 22, 2003, Comment Period Ending 8/29/2003 Officer, U.S. Environmental Protection Contact: Lori Bailey (541) 573–4300. has been Extended to 9/6/2004. Agency, Office of Research and EIS No. 030384, FINAL EIS, FHW, ND, Dated: August 18, 2003. Development, National Center for Liberty Memorial Bridge Replacement Joseph C. Montgomery, Environmental Research (MC 8701R), Project, Poor and Deteriorating Director, NEPA Compliance Division, Office 1200 Pennsylvania Avenue, NW., Structural Rehabilitation or of Federal Activities. Washington, DC 20460, (202) 564–6853. Reconstruction, U.S. Coast Guard and [FR Doc. 03–21602 Filed 8–21–03; 8:45 am] Dated: August 18, 2003. U.S. Army COE Section 10 and 404 BILLING CODE 6560–50–P John C. Puzak, Permits Issuance, Missouri River, Bismarck and Mandan, ND, Wait Acting Director, National Center for Environmental Research. Period Ends: September 22, 2003, ENVIRONMENTAL PROTECTION [FR Doc. 03–21598 Filed 8–21–03; 8:45 am] Contact: Mark Schrader (701) 250– AGENCY 4343. BILLING CODE 6560–50–P [FRL–7548–7] EIS No. 030385, FINAL EIS, SFW, PROGRAMMATIC EIS–Double Office of Research and Development; ENVIRONMENTAL PROTECTION crested Cormorant (DCCOs) Board of Scientific Counselors, AGENCY Management Plan, Reduction of Executive Committee Meeting Resource Conflicts, Flexibility [FRL–7547–3] Enhancements of Natural Resource AGENCY: Environmental Protection Connecticut Marine Sanitation Device Agencies in dealing with DCCO Agency (EPA). Standard; Notice of Determination for Related Resource Conflicts and to ACTION: Notice. the Connecticut Portion of the ensure the Conservation of Healthy, SUMMARY: Pursuant to the Federal Pawcatuck River, Little Narragansett Viable DCCO Population, Advisory Committee Act, Public Law Bay, Portions of Fishers Island Sound Implementation, The Contiguous 92–463, as amended (5 U.S.C., App.2) and All of Stonington Harbor United States, Wait Period Ends: notification is hereby given that the September 22, 2003, Contact: Shauna Environmental Protection Agency, On January 29, 2003 notice was Hanisch (703) 358–1714. Office of Research and Development published that the State of Connecticut EIS No. 030386, DRAFT EIS, DOE, AZ, (ORD), Board of Scientific Counselors had petitioned the Regional Sahuartia-Nogales Transmission Line, (BOSC), will hold an Executive Administrator, Environmental Construction and Operation of a Committee Meeting. Protection Agency (EPA), to determine 345,00-volt (345 kV) Electric that adequate facilities for the safe and DATES: Transmission Line across the United The Meeting will be held on sanitary removal and treatment of States Border with Mexico, September 11–12, 2003. On Thursday, sewage from all vessels are reasonably Application for Presidential Permit, September 11, the meeting will begin at available for all waters of the Tucson Electric Power (TEP), Nogales, 8:30 a.m., and will recess at 4:30 p.m. ‘‘Connecticut portion of the Pawcatuck AZ, Comment Period Ends: October On Friday, January 12, the meeting will River, Little Narragansett Bay, portions 14, 2003, Contact: Dr. Jerry Pell (202) reconvene at 9 a.m. and will adjourn at of Fishers Island Sound and all of 586–3362. This document is available approximately 2 p.m. All times noted Stonington Harbor.’’ The petition was on the Internet at: http:// are Eastern Time. filed pursuant to section 312 (f) (3) of tis.eh.doe.gov/nepa/ ADDRESSES: The Meeting will be held at Pub. L. 92–500, as amended by Pub. L. documentspub.htm1. the Lowe’s L’Enfant Plaza Hotel, 480 95–217 and 100–4, for the purpose of L’Enfant Plaza, SW., Washington, DC declaring these waters a ‘‘No Discharge Amended Notices 20024. Area’’ (NDA). EIS No. 030309, DRAFT SUPPLEMENT, SUPPLEMENTARY INFORMATION: Agenda Section 312 (f) (3) states: ‘‘After the FAA, CA, Los Angeles International items to include, but not be limited to: effective date of the initial standards Airport Proposed Master Plan Homeland Security Research Strategy and regulations promulgated under this Improvements, New Alternative, Report, Briefing on EPA’s Report on the section, if any State determines that the Enhanced Safety and Security Plan, Environment, Discussion of BOSC protection and enhancement of the Los Angeles County, CA, Comment Future Issues and Plans, and BOSC quality of some or all of the waters Period Ends: November 7, 2003, Communications Ad-Hoc Committee within such States require greater Contact: David Kessler (310) 725– Draft Report. environmental protection, such State 3615. Revision of FR Notice Published Anyone desiring a draft BOSC agenda may completely prohibit the discharge on 7/11/2003: CEQ Comment Period may fax their request to Shirley R from all vessels of any sewage, whether Ending 8/25/2003 has been Extended Hamilton (202) 565–2444. The meeting treated or not, into such waters, except to 11/7/2003. is open to the public. Any member of that no such prohibition shall apply

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until the Administrator determines that England staff, I have determined that following the boundary between adequate facilities for the safe and adequate facilities for the safe and Connecticut and Rhode Island to U. S. sanitary removal and treatment of sanitary removal and treatment of Route 1 over the Pawcatuck River and sewage from all vessels are reasonably sewage from all vessels are reasonably including all Connecticut waters available for such water to which such available for the area covered under this seaward of U.S. Route 1. prohibition would apply.’’ determination which includes the This determination is made pursuant The information submitted to me by ‘‘Connecticut portion of the Pawcatuck to section 312 (f) (3) of Pub. L. 92–500, the State of Connecticut certifies that River, Little Narragansett Bay, portions as amended by Pub. L. 95–217 and 100– there are three disposal facilities of Fishers Island Sound and all of 4. 0000 available to service vessels operating in Stonington Harbor.’’ A Response to Comments was the ‘‘Connecticut portion of the The area covered under this petition prepared for the nine communications Pawcatuck River, Little Narragansett extends from Wamphassuc Point (41° EPA New England received during the Bay, portions of Fishers Island Sound 19′ 40.63″ N by 71° 55′ 15.75″ W) due 30 day comment period, and may be and all of Stonington Harbor.’’ A table south past Noyes Shoal to the boundary requested from EPA by written request to: with the facilities’ locations, contact between Connecticut and New York (41° Ann Rodney, U.S. EPA New England, information, hours of operation, and 18′ 28.99″ N by 71° 55′ 15.75″ W), 1 Congress Street, Suite 1100, CWQ, fees is appended at the end of this easterly following the boundary Boston, MA 02114–2023. notice. between Connecticut an New York to Based on an examination of the the intersection of the Connecticut, New Dated: August 12, 2003. petition and its supporting information, York and Rhode Island State lines (41° Robert W. Varney, which included site visits by EPA New 18′ 16.69″ N by 71° 54′ 27.23″ W) and Regional Administrator, Region 1.

Hours of Operation Mean Low Water Location Contact Information (Call Ahead) Depth Fee

Dodson Boatyard Stonington, CT ...... VHF CH 78 (860) Mar–Oct 8–10 ...... 6–7 feet ...... $5 535–1507. Norwest Marina Pawcatuck, CT ...... VHF CH 78 (860) Apr–Nov 8–6 ...... 6–7 feet ...... $5 599–2442. Westerly Pumpout Boat (mobile) ...... VHF CH 9 (401) Apr–Oct 10–4 ...... N/A ...... $5 348–2538.

[FR Doc. 03–21427 Filed 8–21–03; 8:45 am] information shall have practical utility; Form No.: N/A. BILLING CODE 6560–50–P (b) the accuracy of the Commission’s Type of Review: Extension of a burden estimate; (c) ways to enhance currently approved collection. the quality, utility, and clarity of the Respondents: Individuals or FEDERAL COMMUNICATIONS information collected; and (d) ways to households, business or other for profit, COMMISSION minimize the burden of the collection of not-for-profit institutions, and State, information on the respondents, local, or Tribal government. Notice of Public Information including the use of automated Number of Respondents: 12. Collection(s) Being Reviewed by the collection techniques or other forms of Estimated Time Per Response: 8 Federal Communications Commission information technology. hours. Frequency of Response: Annual for Extension Under Delegated DATES: Persons wishing to comment on reporting requirement. Authority this information collection should Total Annual Burden: 96 hours. August 18, 2003. submit comments by October 21, 2003. Annual Reporting and Recordkeeping SUMMARY: The Federal Communications If you anticipate that you will be Cost Burden: N/A. Commission, as part of its continuing submitting comments, but find it Needs and Uses: The requirement in effort to reduce paperwork burden difficult to do so within the period of section 87.37 is necessary to enable the invites the general public and other time allowed by this notice, you should Commission to gather data on the Federal agencies to take this advise the contact listed below as soon results of developmental programs opportunity to comment on the as possible. conducted in the Aviation Service for following information collection(s), as ADDRESSES: Direct all Paperwork which developmental authorizations required by the Paperwork Reduction Reduction Act (PRA) comments to have been issued. The data is required Act of 1995, Public Law 104–13. An Judith B. Herman, Federal to determine whether such agency may not conduct or sponsor a Communications Commission, 445 12th developmental authorizations should be collection of information unless it Street, SW., Room 1–C804, Washington, renewed and/or whether rulemaking displays a currently valid control DC 20554, or via the Internet to Judith- proceedings should be initiated to number. No person shall be subject to [email protected]. provide generally for such operations in any penalty for failing to comply with FOR FURTHER INFORMATION CONTACT: For the Aviation Service. The information is a collection of information subject to the additional information or copies of the used by Commission staff to determine Paperwork Reduction Act (PRA) that information collections contact Judith B. the merits of the program for which a does not display a valid control number. Herman at 202–418–0214 or via the developmental authorization was Comments are requested concerning (a) Internet at [email protected]. granted. If such information were not whether the proposed collection of SUPPLEMENTARY INFORMATION: collected, the value of developmental information is necessary for the proper OMB Control No.: 3060–0202. programs in the Aviation Service would performance of the functions of the Title: Section 87.37, Developmental be severely limited. The Commission Commission, including whether the License. would have little, if any, information

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available regarding the advantages and information showing such frequencies a non-profit basis, and do not function disadvantages of the subject are necessary from a safety of life as communications common carriers developmental operations. standpoint, and information regarding providing ship-shore public OMB Control No.: 3060–0222. minimum necessary hours of operation. correspondence services. The Title: Section 97.213, Remote Control This requirement will be used by information is used by FCC staff during of a Station. Commission staff in evaluating the inspections and investigations to insure Form No.: N/A. applicant’s need for such frequencies compliance with applicable rules. If this Type of Review: Extension of a and the interference potential to other information was not available, currently approved collection. stations operating on the proposed enforcement efforts could be hindered, Respondents: Individuals or frequencies. frequency congestion in certain bands households, business or other for-profit OMB Control No.: 3060–0264. could increase, and the financial entities. Title: Section 80.413, On-Board viability of some public coast Number of Respondents: 500. Station Equipment Records. radiotelephone stations could be Estimated Time Per Response: .2 Form No.: N/A. threatened. hours (12 minutes). Type of Review: Extension of a Federal Communications Commission. Frequency of Response: currently approved collection. Marlene H. Dortch, Recordkeeping requirement. Respondents: Individuals or Secretary. Total Annual Burden: 100 hours. households, business or other for profit, [FR Doc. 03–21503 Filed 8–21–03; 8:45 am] Annual Reporting and Recordkeeping not-for-profit institutions, and State, BILLING CODE 6712–01–P Cost Burden: N/A. local, or Tribal government. Needs and Uses: The recordkeeping Number of Respondents: 1,000. requirement contained in section 97.213 Estimated Time Per Response: 2 FEDERAL COMMUNICATIONS consists of posting a photocopy of the hours. COMMISSION amateur station license, a label with the Frequency of Response: name, address, and telephone number of Recordkeeping requirement. [EB Docket No. 03–152; FCC 03–158] the station licensee, and the name of at Total Annual Burden: 2,000 hours. William L. Zawila, Avenal Educational least one authorized control operator. Annual Reporting and Recordkeeping Services, Inc., Central Valley This requirement is necessary so that Cost Burden: N/A. Educational Services, Inc., H.L. quick resolution of any harmful Needs and Uses: The recordkeeping Charles d/b/a Ford City Broadcasting, interference problems can be identified requirement contained in section 80.413 Linda Ware d/b/a/ Lindsay and to ensure that the station is is necessary to document the number Broadcasting, and Western Pacific operating in accordance with the and type of transmitters operating under Broadcasting, Inc.—Order To Show Communications Act of 1934, as an on-board station license. The Cause, Notice of Opportunity for amended. The information is used by information is used by FCC staff during Hearing, and Hearing Designation FCC staff during inspections and inspections and investigations to Order investigations to assure that remotely determine what mobile units and controlled amateur radio stations are repeaters are associated with on-board AGENCY: Federal Communications licensed in accordance with applicable stations aboard a particular vessel. If Commission. rules, statutes and treaties. In the this information were not collected, no ACTION: Notice. absence of this recordkeeping means would be available to determine SUMMARY: requirement, field inspections and if this type of radio equipment is In this document, the investigations related to harmful authorized or who is responsible for its Commission issued an Order to Show interference could be severely hampered operation. Enforcement and frequency Cause why the construction permits of and needlessly prolonged due to management programs would be broadcast stations KNGS(FM), Coalinga, inability to quickly obtain vital negatively affected. California, KAAX(FM), Avenal, California, KAJP(FM), Firebaugh, information about a remotely controlled OMB Control No.: 3060–0297. station. California, and KZPE(FM), Ford City, Title: Section 80.503, Cooperative Use California, and the license of broadcast OMB Control No.: 3060–0259. of Facilities. station KZPO(FM), Lindsay, California, Title: Section 90.263, Substitution of Form No.: N/A. should not be revoked, and Notice of Frequencies Below 25 MHz. Type of Review: Extension of a Opportunity for Hearing, and an Order Form No.: N/A. currently approved collection. designating for hearing the application Type of Review: Extension of a Respondents: Individuals or for renewal of license of broadcast currently approved collection. households, business or other-for-profit, station KKFO(AM), Coalinga, California. Respondents: Business or other for not-for-profit institutions, and State, DATES: Petitions by persons desiring to profit, and State, local, or Tribal local, or Tribal government. participate as a party in the hearing may governments. Number of Respondents: 100. be filed not later than September 22, Number of Respondents: 60. Estimated Time Per Response: 16 2003, pursuant to 47 CFR 1.223. See Estimated Time Per Response: .5 hours. SUPPLEMENTARY INFORMATION for dates hours. Frequency of Response: Frequency of Response: On occasion Recordkeeping requirement. that named parties should file reporting requirement. Total Annual Burden: 1,600 hours. appearances. Total Annual Burden: 30 hours. Annual Reporting and Recordkeeping ADDRESSES: Federal Communications Annual Reporting and Recordkeeping Cost Burden: N/A. Commission, Enforcement Bureau, 445 Cost Burden: N/A. Needs and Uses: The recordkeeping 12th Street, SW., Washington, DC Needs and Uses: Section 90.263 requirements contained in section 20554. See SUPPLEMENTARY INFORMATION requires applicants proposing 80.503 are necessary to ensure licensees for further filing instructions. operations in certain frequency bands which share private facilities operate FOR FURTHER INFORMATION CONTACT: below 25 MHz to submit supplemental within the specified scope of service, on William Freedman, Deputy Chief,

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Enforcement Bureau, Investigations and according to the station’s construction make equipment performance Hearings Division, (202) 418–1420; permit. Investigation also revealed no measurements upon installation of a Thomas Nessinger, Attorney-Advisor, program origination or Emergency Alert new or replacement main transmitter Media Bureau, Audio Division, (202) System (‘‘EAS’’) equipment at the and annually thereafter; failed to 418–2700. KAJP(FM) studio. The facilities of maintain and operate KKFO(AM) in a SUPPLEMENTARY INFORMATION: This is a station KZPE(FM), Ford City, California manner that complies with the technical summary of the Commission’s Order to (permitted to H.L. Charles d/b/a Ford rules set forth in Commission rules and Show Cause, Notice of Opportunity for City Broadcasting) were non- in accordance with the KKFO(AM) Hearing, and Hearing Designation operational, consisting of an antenna station authorization; and failed to Order, FCC 03–158, released July 16, mounted on a telephone pole, no main transmit broadcast signals for a period 2003. studio facilities, non-operational of over twelve consecutive months, In the Order to Show Cause, the transmission equipment, and a site that causing the expiration of the KKFO(AM) Commission set forth facts supporting had no power and which was so remote license as a matter of law. Pursuant to the conclusion that the construction that gasoline to operate a power sections 312(a) and 312(c) of the permits of broadcast stations generator could not be delivered. H.L. Communications Act of 1934, as KNGS(FM), Coalinga, California, Charles, the permittee, referred all amended, 47 U.S.C. 312(a) and (c), and KAAX(FM), Avenal, California, questions regarding the station’s 47 CFR 1.91(a), William L. Zawila, KAJP(FM), Firebaugh, California, and operation to her ‘‘manager,’’ Zawila. Avenal Educational Services, Inc. KZPE(FM), Ford City, California, and Station KZPO(FM), Lindsay, California, (‘‘AES’’), Central Valley Educational the license of broadcast station is licensed to Linda Ware d/b/a Lindsay Services, Inc. (‘‘CVES’’), and H.L. KZPO(FM), Lindsay, California, should Broadcasting. In response to the Charles d/b/a Ford City Broadcasting be revoked, and offered the permittees/ Commission’s pre-hearing inquiry, (‘‘FCB’’) are directed to show cause why licensees of those broadcast stations the Zawila represented that Ms. Ware was the construction permits for KNGS(FM), opportunity for hearing on the issues deceased, but did not provide a date of Coalinga, California; KAAX(FM), specified. In the Hearing Designation death, and no application for transfer of Avenal, California; KAJP(FM), Firebaugh, California; and KZPE(FM), Order, the Commission determined control to the administrator of Ms. Ford City, California, should not be there was a substantial and material Ware’s estate has been filed. revoked and all authority to operate said question of fact as to whether the Commission investigators found stations terminated, at a hearing before application of Western Pacific KZPO(FM)’s main studio is not located an F.C.C. Administrative Law Judge, at Broadcasting, Inc. (‘‘WPBI’’) for renewal as indicated in its license, and that the a time and place to be specified in a of the license of broadcast station main studio is not properly staffed. subsequent Order, upon the following KKFO(AM), Coalinga, California, should Investigators also determined that KZPO(FM)’s public file is incomplete, issues: be denied, and designated for hearing 1. To determine whether William L. the KKFO(AM) application for renewal that there was no EAS equipment at the transmitter site or main studio, and that Zawila, individually and/or as an officer of license. of AES and CVES, or on behalf of FCB, Station KNGS(FM), Coalinga, transmitter power output was in excess of that authorized. misrepresented facts to and/or lacked California (permitted to William L. candor with the Commission in his Zawila [‘‘Zawila’’]) and station In the Hearing Designation Order, the statements regarding the construction KAAX(FM), Avenal, California Commission set forth facts raising a and/or operation of the facilities of (permitted to Avenal Educational substantial and material question of fact KNGS(FM), KAAX(FM), KAJP(FM), and Services, Inc.) were to have constructed as to whether Zawila, as sole KZPE(FM), and in his statements in a 91-meter tower near Avenal, shareholder of WPBI, misrepresented response to official Commission California, on which the antennas for facts to and/or lacked candor with the inquiries regarding the operation of said both stations were to be located. Both Commission by, among other things, stations, in violation of section 312(a)(1) applicants filed license applications representing that KKFO(AM) had lost its of the Communications Act of 1934, as representing that both stations had been site due to redevelopment by the City of amended, 47 U.S.C. 312(a)(1), and/or 47 constructed as authorized. An informal Coalinga, and representing that he was CFR 73.1015; objector presented evidence, confirmed in negotiations with the City for return 2. To determine whether William L. by Commission investigation, that one to the site, when in fact City officials Zawila, individually and/or as an officer month after the license applications denied such representations. The of AES and CVES, or on behalf of FCB, were filed, the actual transmitting Commission also determined through willfully or repeatedly violated 47 CFR facilities consisted of two 50-foot investigation that WPBI failed to 73.1690(b)(2) by moving the antennas of telephone poles with no main studio maintain properly staffed main studios KNGS(FM), KAAX(FM), KAJP(FM), or facilities. Upon inquiry, Zawila for KKFO(AM); failed to maintain KZPE(FM) to different towers without a represented that the 91-meter tower had station logs or to make station logs and construction permit; been constructed but was destroyed by station facilities available for inspection 3. To determine whether William L. vandalism. Commission investigation by Commission representatives; failed to Zawila, AES, CVES and/or FCB indicated that Zawila’s representations provide records and information to willfully or repeatedly violated 47 CFR were false, and that the facilities of Commission representatives on request; 73.1125 of the rules, by failing to KNGS(FM) and KAAX(FM) were not failed timely to notify the Commission maintain properly staffed main studios constructed according to the permits. that KKFO(AM) was not adhering to a for KNGS(FM), KAAX(FM), KAJP(FM), Commission investigation of station minimum operating schedule or failed and KZPE(FM), and by failing to have a KAJP(FM), Firebaugh, California to make an informal written request for local telephone number in the (permitted to Central Valley Educational additional time to restore a minimum communities of license for KNGS(FM) Services, Inc., of which Zawila is an operating schedule; failed to maintain a and KAAX(FM), or toll-free telephone officer) yielded substantial and material complete public file at the main studio numbers for those stations; questions of fact as to whether the of KKFO(AM) or at an accessible place 4. To determine whether William L. original antenna was constructed in the community of license; failed to Zawila, AES, CVES, and/or FCB

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willfully or repeatedly violated 47 CFR CFR 11.15, 11.35(a), 11.35(c), and Act of 1934, as amended, 47 U.S.C. 73.3526, by failing to maintain proper 11.52(d), by failing to maintain proper 312(a)(1), and/or 47 CFR 73.1015; public inspection files for KNGS(FM), EAS equipment and proper EAS logs; 2. To determine whether William L. KAAX(FM), KAJP(FM), and KZPE(FM); 4. To determine whether William L. Zawila, individually and/or on behalf of 5. To determine whether William L. Zawila and/or LB willfully or repeatedly WPBI, willfully or repeatedly violated Zawila, AES, and/or CVES willfully or violated 47 CFR 73.1125 by failing to 47 CFR 73.1125, by failing to maintain repeatedly violated 47 CFR 17.57, by maintain a properly staffed main studio properly staffed main studios for failing to notify the Commission within for KZPO(FM); KKFO(AM); 24 hours of completion of construction 5. To determine whether Zawila and/ 3. To determine whether William L. of towers for which Antenna or LB willfully or repeatedly violated 47 Zawila, individually and/or on behalf of Registration Numbers had been CFR 73.1800(a), 73.1225(a), WPBI, willfully or repeatedly violated assigned, or of changes in the structures’ 73.1225(c)(5), and 73.1226(a), by failing 47 CFR 73.1800(a), 73.1225(a), heights, for the towers on which the to maintain station logs and to make 73.1225(c)(5), and 73.1226(a), by failing antennas of KNGS(FM), KAAX(FM), and station logs and facilities available on to maintain station logs and to make KAJP(FM) were to have been mounted; request for inspection by the station logs available on request for 6. To determine whether William L. Commission; inspection by the Commission, by Zawila was an undisclosed real party in 6. To determine whether Zawila and/ failing to make KKFO(AM) available for interest in FCB’s application for license, or LB willfully or repeatedly violated 47 inspection by representatives of the or whether William L. Zawila and/or CFR 73.1560(b), by operating station Commission during the station’s FCB willfully or repeatedly violated KZPO(FM) at a transmitter output business hours, and by failing to section 310(d) of the Communications power greater than 105% of authorized provide records and information to Act of 1934, as amended, 47 U.S.C. power; Commission representatives upon 310(d), and/or 47 CFR 73.3540(a), by 7. To determine whether Zawila and/ request; Zawila’s assuming control of KZPE(FM) or LB willfully or repeatedly violated 47 4. To determine whether William L. without prior Commission CFR 73.1225(c)(2), 73.1226(c)(4), Zawila, individually and/or on behalf of authorization; and 73.1870(b)(3), and 73.1870(c)(3), by WPBI, willfully or repeatedly violated 7. To determine, in light of the failing to maintain and make available 47 CFR 73.1740(a)(4), by failing to notify evidence adduced under the foregoing for inspection records pertaining to the the Commission not later than the tenth issues, whether William L. Zawila, AES, chief operator of station KZPO(FM), to day of limited or discontinued operation CVES, and/or FCB possess the requisite post the written designation of chief that KKFO(AM) was not adhering to a qualifications to be or remain permittees operator, to maintain in the public minimum operating schedule, or by of their respective radio stations. inspection file agreements with the failing to make an informal written Pursuant to sections 312(a) and 312(c) chief operator, and to have the chief request for such additional time as may of the Communications Act of 1934, as operator review and sign station records be necessary to restore the minimum amended, 47 U.S.C. 312(a) and (c), and and logs; operating schedule; 47 CFR 1.91(a), William L. Zawila and 8. To determine whether Zawila and/ 5. To determine whether William L. Linda Ware d/b/a Lindsay Broadcasting or LB willfully or repeatedly violated 47 Zawila, individually and/or on behalf of (‘‘LB’’) or her successor(s) in interest are CFR 73.1350(a), by failing to maintain WPBI, willfully or repeatedly violated directed to show cause why the license and operate KZPO(FM) in a manner that 47 CFR 73.3526, by failing to maintain for KZPO(FM), Lindsay, California complies with the technical rules set a complete public file at the main studio should not be revoked and all authority forth in our rules and in accordance of KKFO(AM) or at an accessibly place to operate said station terminated, at a with its station authorization; and in the community of license, which is hearing before an F.C.C. Administrative 9. To determine, in light of the available for public inspection at any Law Judge, at a time and place to be evidence adduced under the foregoing time during regular business hours; specified in a subsequent Order, upon issues, whether William L. Zawila and/ 6. To determine whether William L. the following issues: or LB possess the requisite Zawila, individually and/or on behalf of 1. To determine whether William L. qualifications to be or remain licensees WPBI, willfully or repeatedly violated Zawila, individually and/or on behalf of of KZPO(FM). 47 CFR 73.1590, by failing to make LB, misrepresented facts to and/or Pursuant to section 309(e) of the equipment performance measurements lacked candor with the Commission in Communications Act of 1934, as upon installation of a new or his statements regarding the amended, 47 U.S.C. 309(e), the replacement main transmitter, and construction and operation of the application of Western Pacific annually thereafter; facilities of KZPO(FM), and in his Broadcasting, Inc. (‘‘WPBI’’) for renewal 7. To determine whether William L. statements in response to official of license for KKFO(AM), Coalinga, Zawila, individually and/or on behalf of Commission inquiries regarding the California, File No. BR–19970804YJ, is WPBI, willfully or repeatedly violated operation of said station, in violation of designated for hearing before an F.C.C. 47 CFR 73.1350(a), by failing to section 312(a)(1) of the Communications Administrative Law Judge, at a time and maintain and operate KKFO(AM) in a Act of 1934, as amended, 47 U.S.C. place to be specified in a subsequent manner that complies with the technical 312(a)(1), and/or 47 CFR 73.1015; Order, upon the following issues: rules set forth in the Commission’s rules 2. To determine whether William L. 1. To determine whether William L. and in accordance with its station Zawila and/or LB willfully or repeatedly Zawila, individually and/or on behalf of authorization; violated section 310(d) of the WPBI, misrepresented facts to and/or 8. To determine whether station Communications Act of 1934, as lacked candor with the Commission in KKFO(AM) failed to transmit broadcast amended, 47 U.S.C. 310(d) and/or 47 his statements regarding the operation signals for a period of over twelve CFR 73.3540(a) of the rules, by Zawila’s of the facilities of KKFO(AM), and in his consecutive months, thus causing assuming control of KZPO(FM) without statements in response to official expiration of its license under section prior Commission authorization; Commission inquiries regarding the 312(g) of the Communications Act of 3. To determine whether Zawila and/ operation of said station, in violation of 1934, as amended, 47 U.S.C. 312(g), and or LB willfully or repeatedly violated 47 section 312(a)(1) of the Communications 47 CFR 73.1740(c); and

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9. To determine, in light of the Customs Brokers and Forwarders Market Committee at its meeting held evidence adduced under the foregoing Association of America, Inc. on June 24–25, 2003.1 issues, whether the license for (‘‘NCBFAA’’), in the Federal Register on The Federal Open Market Committee KKFO(AM) has expired pursuant to August 19, 2003 (68 FR 49775). That seeks monetary and financial conditions section 312(g) of the Communications notice requested comments to the that will foster price stability and Act of 1934, as amended, 47 U.S.C. Petition by September 5, 2003. The promote sustainable growth in output. 312(g), and 47 CFR 73.1740(c), or World Shipping Counsel (‘‘WSC’’) has To further its long–run objectives, the whether William L. Zawila and/or WPBI requested an extension of time until Committee in the immediate future possess the requisite qualifications to be September 24, 2003, for all parties to file seeks conditions in reserve markets or remain licensees of KKFO(AM). comments in reply to this Petition. WSC consistent with reducing the federal Appearances by Parties: William L. advises that it has been authorized by funds rate at an average of around 1 Zawila, Avenal Educational Services, NCBFAA’s counsel to state that the percent. Inc., Central Valley Educational Petitioner does not object to the By order of the Federal Open Market Services, Inc., H.L. Charles d/b/a Ford requested extension. The Commission Committee, August 18, 2003. City Broadcasting, and Linda Ware has determined to grant the request. Vincent R. Reinhart, d/b/a/ Lindsay Broadcasting shall, Accordingly, comments are now due by Secretary, Federal Open Market Committee. within thirty (30) days of July 16, 2003, September 24, 2003. [FR Doc. 03–21568 Filed 8–21–03; 8:45 am] file a written appearance stating that By the Commission. they will appear at the hearing and BILLING CODE 6210–01–S Bryant L. VanBrakle, present evidence on the matters Secretary. specified in the Order to Show Cause. FEDERAL RESERVE SYSTEM Western Pacific Broadcasting, Inc. [FR Doc. 03–21580 Filed 8–21–03; 8:45 am] BILLING CODE 6730–01–P must, within twenty (20) days of Formations of, Acquisitions by, and mailing of notice of its designation as a Mergers of Bank Holding Companies party, file a written appearance in FEDERAL MARITIME COMMISSION triplicate, stating that it will appear at The companies listed in this notice the hearing on the date fixed for hearing [Petition No. P3–03] have applied to the Board for approval, and will present evidence on the issues pursuant to the Bank Holding Company specified in the Hearing Designation Petition of United Parcel Service, Inc. Act of 1956 (12 U.S.C. 1841 et seq.) Order. for Exemption Pursuant to Section 16 (BHC Act), Regulation Y (12 CFR Part The full text of the Order to Show of the Shipping Act of 1984 to Permit 225), and all other applicable statutes Cause, Notice of Opportunity for Negotiation, Entry and Performance of and regulations to become a bank Hearing, and Hearing Designation Order Service Contracts; Extension of Time holding company and/or to acquire the is available for inspection and copying The Commission published notice of assets or the ownership of, control of, or during normal business hours in the Petition No. P3–03 filed by United the power to vote shares of a bank or FCC Reference Information Center, Parcel Service, Inc. (‘‘UPS’’), in the bank holding company and all of the Room CY–A257, 445 12th Street, SW., Federal Register on August 4, 2003 (68 banks and nonbanking companies Washington, DC 20554. The complete FR 45820). That notice requested owned by the bank holding company, text may be purchased from the comments to the Petition by August 22, including the companies listed below. The applications listed below, as well Commission’s copy contractor, Qualex 2003. The World Shipping Counsel as other related filings required by the International, 445 12th Street, SW., (‘‘WSC’’) has requested an extension of Board, are available for immediate Room CY–B402, Washington, DC 20554. time until September 24, 2003, for all inspection at the Federal Reserve Bank The full text may also be downloaded parties to file comments in reply to this indicated. The application also will be at: http://hraunfoss.fcc.gov/ Petition. WSC advises that it has been _ available for inspection at the offices of edocs public/attachmatch/FCC–03– authorized by UPS’s counsel to state the Board of Governors. Interested 158A1.pdf. Alternative formats are that the Petitioner does not object to the persons may express their views in available to persons with disabilities by requested extension. The Commission writing on the standards enumerated in contacting Martha Contee at (202) 418– has determined to grant the request. the BHC Act (12 U.S.C. 1842(c)). If the 0260 or TTY (202) 418–2555. Accordingly, comments are now due by proposal also involves the acquisition of Federal Communications Commission. September 24, 2003. a nonbanking company, the review also Marlene H. Dortch, By the Commission. includes whether the acquisition of the Secretary. Bryant L. VanBrakle, nonbanking company complies with the [FR Doc. 03–21508 Filed 8–21–03; 8:45 am] Secretary. standards in section 4 of the BHC Act BILLING CODE 6712–01–P [FR Doc. 03–21581 Filed 8–21–03; 8:45 am] (12 U.S.C. 1843). Unless otherwise BILLING CODE 6730–01–P noted, nonbanking activities will be conducted throughout the United States. FEDERAL MARITIME COMMISSION Additional information on all bank [Petition No. P5–03] FEDERAL RESERVE SYSTEM holding companies may be obtained from the National Information Center Petition of the National Customs Federal Open Market Committee; website at www.ffiec.gov/nic/. Brokers and Forwarders Association Domestic Policy Directive of June 24– of America, Inc. for Limited Exemption 25, 2003 1 Copies of the Minutes of the Federal Open From Certain Tariff Requirements of Market Committee meeting on June 24–25, 2003, the Shipping Act of 1984; Extension of In accordance with § 271.25 of its which includes the domestic policy directive issued rules regarding availability of at the meeting, are available upon request to the Time Board of Governors of the Federal Reserve System, information (12 CFR part 271), there is Washington, D.C. 20551. The minutes are published The Commission published notice of set forth below the domestic policy in the Federal Reserve Bulletin and in the Board’s Petition No. P5–03 filed by the National directive issued by the Federal Open annual report.

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Unless otherwise noted, comments September 5, 2003, from 8:30 am to The Director, Management and regarding each of these applications 12:30 pm ET. Analysis and Services office has been must be received at the Reserve Bank ADDRESSES: Hotel Wyndham delegated the authority to sign Federal indicated or the offices of the Board of Washington DC, 1400 M Street NW., Register notices pertaining to Governors not later than September 15, Washington, DC 20005. announcements of meetings and other 2003. Public Comments: The meeting committee management activities, for A. Federal Reserve Bank of Dallas agenda will be posted at http:// both the Centers for Disease Control and (W. Arthur Tribble, Vice President) 2200 www.bioethics.gov. Members of the Prevention and the Agency for Toxic North Pearl Street, Dallas, Texas 75201- public may comment, either in person Substances and Disease Registry. 2272: or in writing. A period of time will be Dated: August 18, 2003. 1. Prosperity Bancshares, Inc. set aside during the meeting to receive Diane C. Allen, Houston, Texas; to merge with comments from the public, beginning at Acting Director, Management Analysis and MainBancorp, Inc., Austin, Texas, and 11:30 am, on Friday, September 5. Services Office, Centers for Disease Control thereby indirectly acquire voting shares Comments will be limited to no more and Prevention. of Main Bank, National Association, than five minutes per speaker or [FR Doc. 03–21511 Filed 8–21–03; 8:45 am] organization. Please inform Ms. Diane Dallas, Texas. BILLING CODE 4163–18–P Board of Governors of the Federal Reserve Gianelli, Director of Communications, System, August 18, 2003. in advance of your intention to make a Robert deV. Frierson, public statement, and please give her DEPARTMENT OF HEALTH AND your name, affiliation, and a brief Deputy Secretary of the Board. HUMAN SERVICES description of the topic or nature of [FR Doc. 03–21570 Filed 8–21–03; 8:45 am] your comments. To submit a written Centers for Disease Control and BILLING CODE 6210–01–S statement, mail or e-mail it to Ms. Prevention Gianelli at one of the addresses given [60Day–03–111] below. DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Ms. Proposed Data Collections Submitted HUMAN SERVICES Diane Gianelli, Director of for Public Comment and Public Meeting of the President’s Communications, The President’s Recommendations Council on Bioethics, Suite 700, 1801 Council on Bioethics on September 4– In compliance with the requirement Pennsylvania Avenue, Washington, DC 5, 2003 of Section 3506(c)(2)(A) of the 20006. Telephone: 202/296–4669. e- Paperwork Reduction Act of 1995 for AGENCY: The President’s Council on mail: [email protected]. Web site: opportunity for public comment on Bioethics, HHS. http://www.bioethics.gov. proposed data collection projects, the ACTION: Notice. Dated: August 11, 2003. Centers for Disease Control and Dean Clancy, Prevention (CDC) will publish periodic SUMMARY: The President’s Council on Executive Director, The President’s Council summaries of proposed projects. To Bioethics will hold its thirteenth on Bioethics. request more information on the meeting, at which, among other things, [FR Doc. 03–21476 Filed 8–21–03; 8:45 am] proposed projects or to obtain a copy of it will hear and discuss presentations on BILLING CODE 4161–90–P the data collection plans and the ethics and implementation of instruments, call the CDC Reports embryonic stem cell research funding, Clearance Officer on (404) 498–1210. including testimony by Elias Zerhouni, DEPARTMENT OF HEALTH AND Comments are invited on: (a) Whether MD, director, U.S. National Institutes of HUMAN SERVICES the proposed collection of information Health (NIH), Mark B. McClellan, MD, is necessary for the proper performance commissioner, U.S. Food and Drug Agency for Toxic Substances and of the functions of the agency, including Administration (FDA), and several Disease whether the information shall have interested parties from the private practical utility; (b) the accuracy of the Board of Scientific Counselors, sector. The Council will also continue agency’s estimate of the burden of the Agency for Toxic Substances and discussion of its ‘‘beyond therapy’’ and proposed collection of information; (c) Disease Registry: Notice of Charter ‘‘biotechnology and public policy’’ ways to enhance the quality, utility, and Renewal projects. Subjects discussed at past clarity of the information to be Council meetings (and potentially This gives notice under the Federal collected; and (d) ways to minimize the touched on at this meeting) include: Advisory Committee Act (Public Law burden of the collection of information human cloning, embryo research, 92–463) of October 6, 1972, that the on respondents, including through the lifespan-extension research, organ Board of Scientific Counselors, Agency use of automated collection techniques procurement for transplantation, and for Toxic Substances and Disease or other forms of information extra-therapeutic powers to enhance or Registry, of the Department of Health technology. Send comments to Anne improve human mood, memory, or and Human Services, has been renewed O’Connor, CDC Assistant Reports muscles. The Council may also discuss for a 2-year period extending through Clearance Officer, 1600 Clifton Road, issues surrounding the regulation of July 28, 2005. MS-D24, Atlanta, GA 30333. Written assisted reproduction and reproductive For further information, contact comments should be received within 60 genetics (including IVF, ICSI, PGD; sex Robert Spengler, Sc.D., Executive days of this notice. selection, inheritable genetic Secretary, Board of Scientific Proposed Project: Prevention Research modification; and the patentability of Counselors, Agency for Toxic Center Information System—New human genes, tissues, and organisms). Substances and Disease Registry, 1600 —National Center for Chronic Disease DATES: The meeting will take place Clifton Road, NE., M/S E–28, Atlanta, Prevention and Health Promotion Thursday, September 4, 2003, from 9 Georgia 30333, telephone 404/498–0003 (NCCDPHP), Centers for Disease Control a.m. to 5:15 pm ET; and Friday, or fax 404/498–0081. and Prevention (CDC).

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The Prevention Research Center Prevention Research Centers (PRCs) that all agencies, in response to the Information System will collect in selected through competitive peer Government Performance and Results electronic format: (a) Data needed to review process and managed as CDC Act of 1993, prepare performance plans measure progress toward, or cooperative agreements. Awards are and collect program-specific achievement of, newly developed made for five (5) years and may be performance measures. performance indicators, (b) information renewed through a competitive RFA An Internet-based information system on Prevention Research Centers that is process. PRCs (which can be housed in will allow CDC to monitor, and report currently being reported in hard-copy a school of public health, medicine, or on, PRC activities more efficiently. Data documents, and (c) data on research osteopathy) conduct multi-disciplinary, reported to CDC through the PRC projects that are currently submitted community-based, outcomes-oriented information system will be used by CDC electronically via a spreadsheet. research on a broad range of topics to identify training and technical In 1984, Congress passed Public Law related to health promotion and disease assistance needs, monitor compliance 98–551 directing the Department of prevention. Health and Human Services (DHHS) to In spring 2003, CDC published RFA with cooperative agreement establish Centers for Research and #04003 (FY20004–20009) for the requirements, evaluate the progress Development of Health Promotion and Prevention Research Centers program. made in achieving center-specific goals, Disease Prevention. In 1986, CDC was The RFA introduces a set of and obtain information needed to given lead responsibility for this performance indicators that have respond to Congressional and other program, referred to now as the developed collaboratively with the PRCs inquiries regarding program activities Prevention Research Centers program. and other program stakeholders and are and effectiveness. Currently, CDC provides funding to 28 consistent with federal requirements There are no costs to respondents.

Average bur- No. of re- No. of re- den per re- Total burden Respondents spondents sponses per sponse (in (in hrs.) respondent hrs.)

Clerical ...... 28 2 164/60 153 Directors ...... 28 2 90/60 84

Total ...... 237

Dated: August 18, 2003. Proposed Project whenever a homicide or suicide occurs in or around school, it becomes a matter Nancy E. Cheal, School Associated Violent Death of particularly intense public interest Acting Associate Director for Policy, Planning Surveillance System—New—National and concern. NCIPC conducted the first and Evaluation, Centers for Disease Control Center for Injury Prevention and Control scientific study of school-associated and Prevention. (NCIPC), Centers for Disease Control violent deaths during the 1992–99 [FR Doc. 03–21515 Filed 8–21–03; 8:45 am] and Prevention (CDC). academic years to establish the true BILLING CODE 4163–18–P The Division of Violence Prevention extent of this highly visible problem. (DVP), National Center for Injury Despite the important role of schools Prevention and Control (NCIPC) as a setting for violence research and DEPARTMENT OF HEALTH AND proposes to develop a system for the HUMAN SERVICES prevention interventions, relatively surveillance of school-associated little scientific or systematic work has homicides and suicides. The system been done to describe the nature and Centers for Disease Control and will rely on existing public records and Prevention level of fatal violence associated with interviews with law enforcement schools. Until NCIPC conducted the first officials and school officials. The nationwide investigation of violent [30Day–61–03] purpose of the system is to (1) estimate deaths associated with schools, public the rate of school-associated violent health and education officials had to Proposed Data Collections Submitted death in the United States and (2) rely on limited local studies and for Public Comment and identify common features of school- estimated numbers to describe the Recommendations associated violent deaths. The proposed extent of school-associated violent system will contribute to the death. The Centers for Disease Control and understanding of fatal violence The proposed system will draw cases Prevention (CDC) publishes a list of associated with schools, guide further from the entire United States in information collection requests under research in the area, and help direct attempting to capture all cases of review by the Office of Management and ongoing and future prevention school-associated violent deaths that Budget (OMB) in compliance with the programs. have occurred. Investigators will review Paperwork Reduction Act (44 U.S.C. Violence is the leading cause of death public records and published press Chapter 35). To request a copy of these among young people, and increasingly reports concerning each school- requests, call the CDC Reports Clearance recognized as an important public associated violent death. For each Officer at (404) 498–1210. Send written health and social issue. In 1998, over identified case, investigators will also comments to CDC, Desk Officer, Human 3,500 school aged children (5 to 18 interview an investigating law Resources and Housing Branch, New years old) in the United States died enforcement official (defined as a police Executive Office Building, Room 10235, violent deaths due to suicide, homicide, officer, police chief, or district attorney), Washington, DC 20503 or by fax to (202) and unintentional firearm injuries. The and a school official (defined as a school 395–6974. Written comments should be vast majority of these fatal injuries were principal, school superintendent, school received within 30 days of this notice. not school associated. However, counselor, school teacher, or school

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support staff) who are knowledgeable their relationship to one another. They community where the death occurred, about the case in question. Researchers will also collect data on the time and before and after the fatal injury event. will request information on both the location of the death; the circumstances, The total burden hours are estimated to victim and alleged offender(s)— motive, and method of the fatal injury; be 70. including demographic data, their and the security and violence academic and criminal records, and prevention activities in the school and

No. of re- Avg. burden/ Respondents No. of re- sponses/re- response (in spondents spondent hrs.)

School Officials ...... 35 1 1 Police Officials ...... 35 1 1

Dated: August 18, 2003. products in Whole Blood after health risks associated with exposure to Nancy E. Cheal, Showering: The Effect of Genetic these compounds. We plan to measure Acting Associate Director for Policy, Planning Polymorphisms—NEW—National the change in blood concentration of and Evaluation, Centers for Disease Control Center for Environmental Health DBPs after showering. We will then and Prevention. (NCEH), Centers for Disease Control and examine the association between people [FR Doc. 03–21516 Filed 8–21–03; 8:45 am] Prevention (CDC). with different enzyme variants and post- BILLING CODE 4163–18–P Chlorine is the most commonly used exposure blood THM levels. The study chemical for disinfecting U.S. water will be conducted in two parts. Part 1 supplies; however, chlorine reacts with will involve recruiting 250 volunteers DEPARTMENT OF HEALTH AND organic compounds in the water to who do not have a history of lung HUMAN SERVICES produce halogenated hydrocarbon by- problems and who are willing to products. Exposure to these disinfection participate in all aspects of the study. Centers for Disease Control and by-products(DBPs) has been associated These 250 will be asked to provide some Prevention with liver and bladder cancer in demographic information. They will humans and is suspected of other also provide a buccal cell sample that [30 Day–65–03] adverse health outcomes. We recently will be analyzed in order to find a pool Proposed Data Collections Submitted completed a study of household of 100 volunteers who have the genetic for Public Comment and exposure to one class of DBPs in tap polymorphisms of interest. Part 2 will Recommendations water, trihalomethanes (THMs) (Backer involve the 100 study subjects giving et al., 2000). We found an increase in three blood samples before and three The Centers for Disease Control and whole blood levels of one class of blood samples after taking a shower. A Prevention (CDC) publishes a list of (THMs) after people showered or bathed urine sample will be collected and information collection requests under in tap water. We also found that the stored for future use in evaluating urine review by the Office of Management and increases fell roughly into two groups; levels of haloacetic acids (HAAs), Budget (OMB) in compliance with the one group was clustered around a another important class of drinking Paperwork Reduction Act (44 U.S.C. higher level, the other a lower level. It water DBPs. Air and water samples will Chapter 35). To request a copy of these is possible that this clustering is the also be collected. requests, call the CDC Reports Clearance result of individual variations in Subjects will complete a brief Officer at (404) 498–1210. Send written physiological characteristics or it could questionnaire in order to obtain comments to CDC, Desk Officer, Human be the result of differences in the ability personal information that might impact Resources and Housing Branch, New to metabolize THMs. the dose of volatized DBPs they receive. Executive Office Building, Room 10235, Since several polymorphically This data will be analyzed to determine Washington, DC 20503 or by fax to (202) expressed enzymes are linked to the whether the physiologic and genetic 395–6974. Written comments should be metabolism of DBPs, these physiologic differences among individuals result in received within 30 days of this notice. and genetic differences may be differences in blood THM levels after Proposed Project: Levels of Selected important in determining an similar exposure. There are no costs to Drinking Water Disinfection By- individual’s risk for cancer and other respondents.

No. of re- Avg. burden/ Respondents No. of re- sponses/re- response (in spondents spondent hours)

Screening Interview ...... 250 1 20/60 Consent Form ...... 100 1 20/60 Questionnaire ...... 100 1 20/60 Blood Samples ...... 100 6 5/60 Shower ...... 100 1 20/60 Urine Sample ...... 100 2 10/60 Tap Water Sample ...... 100 1 10/60 Misc. Study Activities ...... 100 1 40/60 Remain at Study Site ...... 100 1 2

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Dated: August 18, 2003. Measurable outcomes of the program project as described in Section F. Nancy E. Cheal, will be in alignment with the following Content 4.b. (2).), but each award will be Acting Deputy Director for Policy, Planning performance goal for the National no more than $905,500 (total of direct and Evaluation, Centers for Disease Control Center for Injury Prevention and Control and indirect costs). It is expected that and Prevention. (NCIPC): Develop new or improved each award will begin on or about [FR Doc. 03–21517 Filed 8–21–03; 8:45 am] approaches for preventing and September 1, 2004, and will be made for BILLING CODE 4163–18–P controlling death and disability due to a 12-month budget period within a injuries. project period of up to five years. Applications that exceed the funding DEPARTMENT OF HEALTH AND C. Eligible Applicants cap noted above will be excluded from HUMAN SERVICES This announcement will provide the competition and returned to the funding for applicants in regions that do applicant. Funding estimates may Centers for Disease Control and not have funded Injury Control Research change. Prevention Centers (ICRCs) and for applicants in Consideration will also be given to [Program Announcement 04011] regions that have funded Centers that current grantees that submit a must re-compete for funding. competitive supplement requesting one Grants for Injury Control Research Eligible applicants include nonprofit year of funding to enhance or expand Centers; Notice of Availability of Funds and for-profit organizations. Thus, existing projects, or to conduct one-year universities, colleges, research pilot studies. These awards will not Application Deadline: September 22, institutions, hospitals, other public and exceed $150,000, including both direct 2003. private organizations, faith-based and indirect costs. Supplemental A. Authority and Catalog of Federal organizations, tribal organizations, awards will be made for the budget Domestic Assistance Number State, Tribal, and local health period to coincide with the actual departments, and small, minority and/or budget period of the grant and are based This program is authorized under women-owned businesses are eligible on the availability of funds. sections 301(a) and 391(a) of the Public for these grants. Non-academic Continuation awards within an Health Service Act, (42 U.S.C. sections applicant institutions should provide approved project period will be made 280b(a) and 391(a)), as amended. The evidence of a collaborative relationship on the basis of satisfactory progress as Catalog of Federal Domestic Assistance with an academic institution. evidenced by required reports and the number is 93.136. Eligible applicants are limited to availability of funds. B. Purpose organizations in Department of Health Use of Funds and Human Services (DHHS) Region II The Centers for Disease Control and Center funding is to be designated for (New Jersey, New York, Puerto Rico, Prevention (CDC) announces the two types of activities. One type of and Virgin Islands), Region III availability of fiscal year (FY) 2004 activity is considered core and includes (Delaware, District of Columbia, funds for grants for Injury Control administration, management, general Maryland, Pennsylvania, Virginia, and Research Centers (ICRC). This program support services (e.g., statistical, library, West Virginia), Region IV (Alabama, addresses the ‘‘Healthy People 2010’’ media relations, and advocacy) as well Florida, Georgia, Kentucky, Mississippi, focus area of Injury and Violence as activities associated with research North Carolina, South Carolina, and Prevention. A copy of ‘‘Healthy People development, technical assistance, and Tennessee), Region VI (Arkansas, 2010’’ is available at the following education (e.g., seed projects, training Louisiana, New Mexico, Oklahoma, and Internet address: http://www.health.gov/ activities, and collaborative and Texas), Region IX (Arizona, California, healthypeople. technical assistance activities with other Hawaii, Nevada, American Samoa, The purposes of this program are: groups). Funds may be allocated for Guam, Mariana Islands, Marshall 1. To support injury prevention and trainee stipends, tuition remission, and Islands, Micronesia, and Palau), and control research on priority issues as trainee travel in accordance with the Region X (Alaska, Idaho, Oregon, and delineated in: ‘‘Healthy People 2010’’; current rates for the United States Washington). ‘‘Reducing the Burden of Injury: Public Health Service agencies. Indirect Advancing Prevention and Treatment’’; Note: ICRC grant awards are made to the costs for these trainee-related activities and the research priorities published in applicant institution/organization, not the are limited to eight percent. the CDC Injury Research Agenda, Principal Investigator. Title 2 of the United Defined research projects constitute located at http://www.cdc.gov/ncipc. States Code section 1611 states that an the second type of activity, and ICRCs 2. To integrate, in the context of a organization described in section 501(c)(4) of the Internal Revenue Code that engages in are encouraged to work toward national program, the disciplines of lobbying activities is not eligible to receive addressing the breadth of the field. Core epidemiology, medicine, biomechanics Federal funds constituting an award, grant or activities and defined research projects and other engineering, biostatistics, loan. may each constitute between 25 percent public health, law and criminal justice, and 75 percent of the operating budget, and behavioral and social sciences in B. Funding and should be balanced in such a way order to prevent and control injuries that the ICRC demonstrates productivity Availability of Funds more effectively. in research as well as teaching and 3. To define the injury problem; Approximately $4,527,500 is expected service. Applicants with less identify risk and protective factors; to be available in FY 2004 to fund five demonstrated expertise in research are develop and evaluate prevention and awards. It is expected that each award encouraged to devote a larger percentage control interventions and strategies; and will be $905,500 (total of direct and of funds to defined research projects in ensure widespread adoption of effective indirect costs). Applicants will be order to establish their capability as interventions and strategies. allowed to apply for $1,055,500 research centers of excellence. 4. To provide technical assistance to ($150,000 above the expected award Grant funds will not be made injury prevention and control programs amount to allow for the inclusion of the available to support the provision of within a geographic region. description of an additional large direct care. Studies may be supported

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which evaluate methods of acute care in medicine, biomechanics and other seed projects of less than $25,000 (total and rehabilitation for potential engineering, epidemiology, law and of direct and indirect costs) for one year reductions in injury effects and costs. criminal justice, behavioral and social or less. Studies may be supported which sciences, biostatistics, and public health b. Research Studies: identify the effect on injury outcomes as needed to complete the plans of the (1) Small studies of $25,000–150,000/ and cost of systems for pre-hospital, center. These are considered the year (total of direct and indirect costs) hospital, and rehabilitative care and disciplines and fields for ICRCs. for one to three years duration. These independent living. 6. Applicants must have established projects might be expansions of seed Eligible applicants may enter into curricula and graduate training projects, either further developing contracts, including consortia programs in disciplines relevant to methods or hypotheses in preparation agreements (as set forth in the PHS injury control (See Section E.5). for a larger investigation leading to the Grants Policy Statement, dated April 1, 7. Applicants must disseminate injury submission of an RO1 level proposal, or 1994), as necessary to meet the control research findings, translate them might be stand-alone investigations requirements of the program and into interventions (i.e., programs or sufficient to yield results worthy of strengthen the overall application. policies), and evaluate their publication in a peer-reviewed journal effectiveness. and/or a technical report for a legislative Funding Preferences body, governmental agency, or injury At the discretion of the Director, F. Content control program. NCIPC, additional consideration may be Letter of Intent (LOI) (2) Larger scale studies with annual given to re-competing ICRCs. These budgets exceeding $150,000/year (total centers represent a long-term A LOI is strongly encouraged for this of direct and indirect costs) and lasting investment for NCIPC and an program. The program announcement up to five years. These projects typically established resource for injury control- title and number must appear in the will test hypotheses and employ more related issues for their States and LOI. The narrative should be no more sophisticated methodologies and/or regions. than two single-spaced pages, printed larger sample sizes than small studies. on one side, with one-inch margins, and For seed projects, only modest budget Recipient Financial Participation unreduced 12-point font. The letter descriptions are required within the Matching funds are not required for should identify the name of the application. More detailed budget this program announcement, however principal investigator, and briefly descriptions, commensurate with costs, other sources of funding must be describe the scope and intent of the are required for both small studies and documented. proposed research work. The letter of large research projects. intent does not influence review or An applicant organization has the E. Program Requirements funding decisions, but the number of option of having specific salary and In conducting activities to achieve the letters received will enable CDC to plan fringe benefit amounts for individuals purpose of this program, applicants will the review more effectively and omitted from the copies of the be responsible for the following efficiently. application that are made available to activities. Application outside reviewing groups. To exercise 1. Applicants must demonstrate this option: on the original and two expertise and experience in conducting The Program Announcement title and copies of the application, the applicant and publishing injury research in at number must appear in the application. must use asterisks to indicate those least one of the three phases of injury Use the information in the Program individuals for whom salaries and fringe control (prevention, acute care, or Requirements, Other Requirements, and benefits are not shown; the subtotals rehabilitation) and are encouraged to be Evaluation Criteria sections to develop must still be shown. In addition, the comprehensive. the application content. Applications applicant must submit an additional 2. Applicants must document ongoing should include the following copy of page four of Form PHS–398, injury control-related research projects information, detailing activities to be completed in full, with the asterisks and activities currently supported by conducted for the first budget year, replaced by the salaries and fringe other sources of funding. while briefly addressing activities to be benefits. This budget page will be 3. Applicants must provide a director conducted over the entire five-year reserved for internal staff use only. (Principal Investigator) who has specific project period. 5. Budget for entire proposed project authority and responsibility to carry out 1. Face page period including budgets pertaining to the project. The director must report to 2. Description (abstract) and consortium/contractual arrangements. an appropriate institutional official, e.g., personnel 6. Biographical sketches of key dean of a school, vice president of a 3. Table of contents personnel, consultants, and university, or commissioner of health. 4. Detailed budget for the initial collaborators, beginning with the The director must have no less than budget period: The budget should Principal Investigator and core faculty. thirty percent effort devoted solely to reflect the composite figures for the 7. Other support: This listing should this project with an anticipated range of grant. In addition, separate budgets include all other funds or resources thirty percent to fifty percent. (direct and indirect costs) and pending or currently available. For each 4. Applicants must provide evidence justifications should be provided for the grant or contract include source of of working relationships, including following categories of activities: funds, amount of funding (indicate consultation and technical assistance, a. Core activities, including whether pending or current), date of with outside agencies and other entities management and administrative funding (initiation and termination), in the region in which the ICRC is functions, other non-research activities and relationship to the proposed located which will allow for (e.g., education/training, consultation, program. implementation and evaluation of any technical assistance, translation/ 8. Resources and environment. proposed intervention activities. dissemination, program and policy 9. Research plan: 5. Applicants must provide evidence development and evaluation, advocacy, a. ICRCs are to develop a range of of involvement of specialists or experts and media activities, etc.), and small research and other non-research

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activities that are designed to advance addresses. Also, a brief description on G. Submission and Deadline the field of injury control through how it addresses that priority area. If a Letter of Intent (LOI) Submission development of new scientific or priority area is not addressed, provide surveillance methods, creation of new an explanation of why it is important. On or before September 8, 2003, knowledge, and translation of (f) Categorization as Seed Project, submit the LOI to the Grants knowledge into training, program and Small Project, or Large Project Management Specialist identified in the policy development and evaluation (g) Categorization as New or Ongoing ‘‘Where to Obtain Additional activities or other applications that will Project Information’’ section of this ultimately reduce injuries or their (h) Cost/Year (total of direct and announcement. effects. ICRC applications should indirect costs) Application Forms articulate how the activities of their (i) Research Training: Names, Degrees program are integrated with each other. of Persons Trained or in Training Submit the original and two copies of b. A detailed research plan (design (j) Key Words PHS 398 (OMB Number 0925–0001) and and methods), in accordance with (k) Brief Summary of Project one electronic disk copy and adhere to NCIPC’s performance goal as stated in including Intended Application of the instructions on the Errata section ‘‘B. Purpose’’, including Finding (Abstract) Instruction sheet for PHS 398. Forms are hypothesis, expected outcome, value to c. A description of the core faculty available at the following Internet the field, and measurable and time- and their roles in implementing and address: www.cdc.gov/od/pgo/ framed objectives consistent with the evaluating the proposed programs. The forminfo.htm. If you do not have access to the activities for each project within the applicant should clearly specify how Internet, or if you have difficulty proposed grant. disciplines will be integrated to achieve accessing the forms on-line, you may (1) Initial seed projects require a short the ICRCs objectives. contact the CDC Procurement and write-up describing the injury control d. Charts showing the proposed Grants Office Technical Information context of the study, the objective, the organizational structure of the ICRC and Management Section at: 770–488–2700. design, the setting and participants, the its relationship to the broader Application forms can be mailed to you. intervention being addressed, main institution of which it is a part and, outcome measurements, expected where applicable, to affiliate institutions Submission Date, Time, and Address results, time lines, cost (total of direct or collaborating organizations. These The application must be received by and indirect costs), plans for charts should clearly detail the lines of translation/dissemination, and clear 4:00 p.m. Eastern Time, November 20, authority as they relate to the center, 2003. Submit the application to: definition of procedures used to select both structurally and operationally. the projects. Clear definitions of Technical Information Management ICRC directors should report to an Section–PA04011–CDC Procurement procedures used to select future out- appropriate organizational level (e.g. year seed projects are also required. and Grants Office, 2920 Brandywine dean of a school, vice president of a Road, Atlanta, Georgia 30341. (2) Small research projects require a university, or commissioner of health), ten to fifteen page summary describing Applications may not be submitted demonstrating strong institution-wide electronically. the accomplishment of all the steps, support of ICRC activities and ensuring including a description of the oversight of the process of CDC Acknowledgment of Application significance of the project, the interdisciplinary activity. Receipt development and testing of methods e. Documentation of the public health A postcard will be mailed by PGO- and instruments, and the collection of agencies and other public and private preliminary data needed to take an TIM, notifying you that CDC has sector entities to be involved in the received your application. innovative approach and develop it to proposed program, including letters that the level of a larger investigation leading detail commitments of support and a Deadline to the submission of an RO1 level clear statement of the role, activities, Letters of intent and applications proposal or a stand-alone investigation and participating personnel of each shall be considered as meeting the sufficient to yield results worthy of agency or entity. deadline if they are received before 4 publication in a peer-reviewed journal Beginning October 1, 2003, applicants p.m. Eastern Time on the deadline date. and/or a technical report for a legislative will be required to have a Dun and Applicants sending applications by the body, governmental agency, or injury Bradstreet (DUNS) number to apply for United States Postal Service or control program. a grant or cooperative agreement from (3) Large research projects require an commercial delivery services must the Federal government. The DUNS RO1 level summary as described in the ensure that the carrier will be able to number is a nine-digit identification PHS 398 (Revised 5/01 and updated 6/ guarantee delivery of the application by number, which uniquely identifies 28/02) guidelines (See Attachment 2, as the closing date and time. If an business entities. Obtaining a DUNS posted on the CDC website). The application is received after closing due number is easy and there is no charge. summary should be included as an to (1) carrier error, when the carrier You are encouraged to obtain a DUNS appendix of the application. accepted the package with a guarantee In the research plan section of the now if you believe you will be for delivery by the closing date and application include a description for submitting an application to any Federal time, or (2) significant weather delays or each small and large research project: agency on or after October 1, 2003. natural disasters, CDC will upon receipt (a) Title of Project Proactively obtaining a DUNS number at of proper documentation, consider the (b) Project Director/Lead Investigator the current time will facilitate the application as having been received by (c) Institution(s) receipt and acceptance of applications the deadline. (d) Categorization as Prevention, after September 2003. Any application that does not meet Acute Care, Rehabilitation, or To obtain a DUNS number, access the the above criteria will not be eligible for Biomechanics following web site: competition, and will be discarded. The (e) Categorization as to which NCIPC www.dunandbradstreet.com OR call 1– applicant will be notified of their failure research agenda priority area the project 866–705–5711. to meet the submission requirements.

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A. Evaluation Criteria goal as stated in section ‘‘B. Purpose’’, ICRCs program should be clearly stated is subject to peer review. in the justification and the budget. The Application (1) Seed projects will be evaluated degree of effort may be varied and Applications will be reviewed by CDC collectively on the mechanism for should reflect the specific focus and staff for completeness and solicitation of projects and on their goals of the ICRC. responsiveness as outlined under the technical/scientific merit review. g. Details of progress in the most previous heading Program Evaluation criteria have equal value. recent funding period should be Requirements. Incomplete applications (2) Small projects will be evaluated provided in the application if the and applications that are not responsive individually on the significance of the applicant is submitting a re-competing will be returned to the applicant project, the innovative approach, and application. Documented examples of without further consideration. the proposed methods for achieving an success include: development of pilot Applications which are complete and investigation sufficient to support a projects; completion of high quality responsive will be subjected to a submission of an RO1 level proposal research projects; publication of preliminary evaluation (streamline and/or worthy of publication in a peer- findings in peer reviewed scientific and review) by the Injury Research Grant reviewed journal and/or a technical technical journals; number of Review Committee (IRGRC) to report for a legislative body, professionals trained; awards received; determine if the application is of governmental agency, or injury control ongoing provision of consultation and sufficient technical and scientific merit program. technical assistance; integration of to warrant further review by the IRGRC. (3) Large projects will be evaluated disciplines; translation of research into Applications that are determined individually according to existing RO1 implementation; and impact on injury noncompetitive will not be considered, level project standards as described in control outcomes including legislation, and NCIPC will promptly notify the the PHS 398 (Revised 5/01 and updated regulation, treatment, and behavior investigator/program director and the 6/28/02) guidelines (See Attachment 2, modification interventions. official signing for the applicant as posted on the CDC website). The h. Does the application adequately organization. Applications determined application must have a minimum of address the requirements of Title 45 to be competitive will be evaluated by one large research project approved in CFR Part 46 for the protection of human a dual review process. order to be recommended for further subjects? Competing supplemental grant consideration. i. Does the applicant meet the CDC (4) At least 80 percent of the costs awards may be made, when funds are Policy requirements regarding the (total direct and indirect costs) of the available, to support research work or inclusion of women, ethnic, and racial approved small and large research activities not previously approved by groups in the proposed research? This projects must be in alignment with the the IRGRC. Applications should be includes: ‘‘CDC Injury Research Agenda,’’ http:// clearly labeled to denote their status as (1) The proposed plan for the www.cdc.gov/ncipc in order to be requesting supplemental funding inclusion of both sexes, racial and recommended for further consideration. support. These applications will be ethnic minority populations for b. The scientific and technical merit appropriate representation. reviewed by the IRGRC and the of the overall application, including the secondary review group. (2) The proposed justification when significance and originality (e.g., new representation is limited or absent. Awards will be made based on topic, new method, new approach in a (3) A statement as to whether the priority scores assigned to applications new population, or advancing design of the study is adequate to by the IRGRC, programmatic priorities understanding of the problem) of the measure differences when warranted. and needs determined by a secondary proposed research. (4) A statement as to whether the review committee (the Advisory c. The extent to which the evaluation plans for recruitment and outreach for Committee for Injury Prevention and plan will allow for the measurement of study participants include the process Control), and the availability of funds. progress toward the achievement of of establishing partnerships with 1. Review by IRGRC stated objectives. Does the application community or communities and specify how the effectiveness of the recognition of mutual benefits. An initial streamline peer-review of program will be measured? j. Does the application adequately ICRC grant applications will be d. Qualifications, adequacy, and address the requirements of the ‘‘PHS conducted by the IRGRC. The IRGRC appropriateness of personnel to Policy on Humane Care and Use of may recommend the application for a accomplish the proposed activities. Laboratory Animals by Awardee site visit review. For those applications e. The soundness of the proposed Institutions?’’ recommended for a site visit review, a budget in terms of adequacy of k. Does the application include team of peer reviewers, including resources and their allocation. measures that are in accordance with members of the IRGRC, will conduct on- f. In addition to conducting defined CDC’s performance plans? site visits at each applicant institution, research projects, ICRCs are expected to generate summary statements for the devote substantial attention to 2. Review by the CDC Advisory visits, and report the assessment to the advancing the field through other Committee for Injury Prevention and IRGRC. activities that are designed to improve Control (ACIPC) Factors to be considered by the IRGRC research capabilities and translate Secondary review of ICRC grant include: research into practice. Examples of applications with a priority score of 350 a. The specific aims of the activities include: consultation and or better from the initial peer-review by application, e.g., the long-term technical assistance that are responsive the IRGRC will be conducted by the objectives and intended to regional, State, national, or Science and Program Review Section accomplishments. Approval of small international priorities; professional (SPRS) of the ACIPC. The SPRS consists and large research projects (including training for researchers and of ACIPC members, Federal Ex Officio new research projects proposed during practitioners; program development; participants, and organizational the five-year funding cycle), in and evaluation endeavors. The degree of liaisons. The Federal Ex Officio accordance with NCIPC’s performance effort devoted to these aspects of an participants will be responsible for

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identifying proposals in overlapping e. The budget request is clearly 4146, Telephone: 770–488–2721, E- areas of research interest so that explained, adequately justified, mail: [email protected]. unwarranted duplication in federally reasonable, and consistent with the For business management and budget funded research can be avoided. The intended use of grant funds. assistance in the territories, contact: NCIPC Division Associate Directors for Charlotte Flitcraft, CDC Procurement I. Other Requirements Science (ADS) or their designees will and Grants Office 2920 Brandywine Rd., address the SPRS to assure that research Technical Reporting Requirements Atlanta, GA 30341–4146, Telephone: 770–488–2780, E-mail: [email protected]. priorities of the announcement are Provide CDC with the original plus understood and to provide background For program technical assistance, two copies of: contact: Tom Voglesonger, Program regarding current research activities. 1. Annual progress report. The Manager, Office of the Associate The SPRS recommendations will be progress report will include a data Director for Science, National Center for presented to the entire ACIPC in the requirement that demonstrates measures Injury Prevention and Control, Centers form of a report by the Chairman of the of effectiveness. for Disease Control and Prevention SPRS. The ACIPC will vote to approve, 2. Financial status report, no more (CDC), 4770 Buford Highway, NE., disapprove, or modify these than 90 days after the end of the budget (K58), Atlanta, GA 30341–3724, recommendations for funding period. Telephone: 770–488–4823, E-mail: consideration. 3. Final financial status report and [email protected]. Factors to be considered by the ACIPC performance report, no more than 90 include: days after the end of the project period. Dated: August 18, 2003. a. The results of the peer-review. Send all reports to the Grants Sandra R. Manning, b. The significance of the proposed Management Specialist identified in the activities as they relate to national Director, Procurement and Grants Office, ‘‘Where to Obtain Additional Centers for Disease Control and Prevention. program priorities, geographic balance, Information’’ section of this and the achievement of national [FR Doc. 03–21514 Filed 8–21–03; 8:45 am] announcement. BILLING CODE 4163–18–P objectives. The following additional c. The overall balance of the ICRC requirements are applicable to this program in addressing the three phases program. For a complete description of DEPARTMENT OF HEALTH AND of injury control (prevention, acute care, each, see Attachment 1 of this HUMAN SERVICES and rehabilitation); the control of injury announcement as posted on the CDC among populations who are at increased home Web site. Centers for Disease Control and risk, including racial/ethnic minority Prevention groups, the elderly and children; the AR–1 Human Subjects Certification AR–2 Requirements for inclusion of major causes of intentional and Citizens Advisory Committee on Public Women and Racial and Ethnic unintentional injury; and the major Health Service Activities and Research Minorities in Research disciplines of injury control. at Department of Energy (DOE) Sites: AR–3 Animal Subjects Requirements d. Budgetary considerations. The Savannah River Site Health Effects AR–10 Smoke-Free Workplace ACIPC will recommend annual funding Subcommittee (SRSHES) levels as detailed in section ‘‘D. Funds’’ Requirement of this announcement. AR–11 Healthy People 2010 In accordance with section 10(a)(2) of These recommendations, based on the AR–12 Lobbying Restrictions the Federal Advisory Committee Act results of the peer review by the IRGRC, AR–13 Prohibition on Use of CDC (Pub. L. 92–463), the Centers for Disease the relevance and balance of the funds for Certain Gun Control Control and Prevention (CDC), and the proposed research relative to the NCIPC Activities Agency for Toxic Substances and programs and priorities, and the AR–20 Conference Activities within Disease Registry (ATSDR) announce the assurance of no duplication of federally- Grants/Cooperative Agreements following meeting. AR–21 Small, Minority, and Women- funded research, are presented to the Name: Citizens Advisory Committee on Director, NCIPC, for funding decisions. owned Business Public Health Service Activities and AR–22 Research Integrity Research at Department of Energy (DOE) 3. Continued Funding Executive Order 12372 does not apply Sites: Savannah River Site Health Effects Continuation awards within the to this program. Subcommittee (SRSHES). project period will be made on the basis Time and Date: 8 a.m.—4:45 p.m., J. Where To Obtain Additional September 4, 2003. 8 a.m.—10:15 a.m., of the availability of funds and the Information following criteria: September 5, 2003. Place: Westin Savannah Harbor, One a. The accomplishments of the current This and other CDC announcements can be found on the CDC home page Resort Drive, P.O. Box 427, Savannah, budget period show that the applicant’s Georgia 31421, telephone 912–201–2000, fax objectives as prescribed in the yearly Internet address—http://www.cdc.gov. 912–201–2077. work plans are being met. Click on ‘‘Funding’’ then ‘‘Grants and Status: Open to the public, limited only by b. The objectives for the new budget Cooperative Agreements’’. the space available. The meeting room period are realistic, specific, and For general questions about this accommodates approximately 50 people. measurable. announcement, contact: Technical Background: Under a Memorandum of c. The methods described will clearly Information Management, CDC Understanding (MOU) signed in December lead to achievement of these objectives. Procurement and Grants Office, 2920 1990 with DOE, and replaced by MOUs d. The evaluation plan allows Brandywine Rd Atlanta, GA 30341– signed in 1996 and 2000, the Department of management to monitor whether the 4146, Telephone: 770–488–2700. Health and Human Services (HHS) was given the responsibility and resources for methods are effective by having clearly For business management and budget conducting analytic epidemiologic defined process, impact, and outcome assistance, contact: Nancy Pillar, Grants investigations of residents of communities in objectives, and the applicant Management Specialist, CDC the vicinity of DOE facilities, workers at DOE demonstrates progress in implementing Procurement and Grants Office 2920 facilities, and other persons potentially the evaluation plan. Brandywine Rd, Atlanta, GA 30341– exposed to radiation or to potential hazards

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from non-nuclear energy production use. DEPARTMENT OF HEALTH AND authority to sign Federal Register notices HHS delegated program responsibility to HUMAN SERVICES pertaining to announcements of meetings and CDC. other committee management activities for In addition, a memo was signed in October Centers for Disease Control and both the Centers for Disease Control and 1990 and renewed in November 1992, 1996, Prevention Prevention and the Agency for Toxic and in 2000, between ATSDR and DOE. The Substances and Disease Registry. MOU delineates the responsibilities and Board of Scientific Counselors, Dated: August 18, 2003. procedures for ATSDR’s public health National Institute for Occupational activities at DOE sites required under Diane C. Allen, sections 104, 105, 107, and 120 of the Safety and Health Acting Director, Management Analysis and Comprehensive Environmental Response, In accordance with section 10(a)(2) of Services Office, Centers for Disease Control Compensation, and Liability Act (CERCLA or the Federal Advisory Committee Act and Prevention (CDC). ‘‘Superfund’’). These activities include health [FR Doc. 03–21510 Filed 8–21–03; 8:45 am] consultations and public health assessments (Pub. L. 92–463), the Centers for Disease BILLING CODE 4163–19–P at DOE sites listed on, or proposed for, the Control and Prevention (CDC) Superfund National Priorities List and at announces the following committee sites that are the subject of petitions from the meeting: public; and other health-related activities DEPARTMENT OF HEALTH AND Name: Board of Scientific Counselors, HUMAN SERVICES such as epidemiologic studies, health National Institute for Occupational Safety surveillance, exposure and disease registries, and Health (NIOSH). health education, substance-specific applied Centers for Disease Control and Time and Date: 9:00 a.m.—2:45 p.m., Prevention research, emergency response, and September 11, 2003. preparation of toxicological profiles. Place: Washington Court Hotel on Capitol Purpose: This subcommittee is charged Hill, 525 New Jersey Avenue, NW., Fees for Sanitation Inspections of with providing advice and recommendations Washington, DC 20001, telephone (202) 628– Cruise Ships to the Director, CDC, and the Administrator 2100, fax (202) 879–7938. ATSDR, regarding community concerns Status: Open to the public, limited only by AGENCY: Centers for Disease Control and pertaining to CDC’s and ATSDR’s public the space available. The meeting room Prevention (CDC), Department of Health health activities and research at this DOE accommodates approximately 50 people. and Human Services (HHS). site. The purpose of this meeting is to Purpose: The Secretary, the Assistant provide a forum for community interaction Secretary for Health, and by delegation the ACTION: Notice. and serve as a vehicle for community Director, CDC are authorized under sections concerns to be expressed as advice and 301 of the Public Health Service Act to SUMMARY: This notice announces fees recommendations to CDC and ATSDR. conduct directly or by grants or contracts, for vessel sanitation inspections for Matters to be Discussed: Agenda items research, experiments, and demonstrations fiscal year 2004 (October 1, 2003, include: Advanced Technology Laboratory relating to occupational safety and health and through September 30, 2004). Research Update; Update on Results from to mine health. The Board of Scientific Regulatory Air and Water Sampling Data by Counselors, NIOSH shall provide advice to EFFECTIVE DATE: October 1, 2003. the South Carolina Department of Health and the Director, National Institute for FOR FURTHER INFORMATION CONTACT: Environmental Control; Logistics of an Occupational Safety and Health on research Epidemiologic Study, Screening, and Studies and preventions programs. Specifically, the David L. Forney, Chief, Vessel of Radionuclides at Sites other than SRS; and Board shall provide guidance on the Sanitation Program, National Center for ATSDR Update and SRS Brochure. Agenda Institute’s research activities related to Environmental Health, Centers for items are subject to change as priorities developing and evaluating hypotheses, Disease Control and Prevention (CDC), dictate. systematically documenting findings and 4770 Buford Highway, NE., Mailstop F– Contact Person for More Information: disseminating results. The Board shall 16, Atlanta, Georgia 30341–3724, Phillip Green, Executive Secretary, SRSHES, evaluate the degree to which the activities of NIOSH: (1) Conform to appropriate scientific telephone (770) 488–7333, E-mail: Radiation Studies Branch, Division of [email protected]. Environmental Hazards and Health Effects, standards, (2) address current, relevant needs, and (3) produce intended results. National Center for Environmental Health, SUPPLEMENTARY INFORMATION: CDC, 1600 Clifton Road, N.E. (E–39), Atlanta, Matters to be Discussed: Agenda items Georgia 30333, telephone (404)498–1800, fax include a report from the Director of NIOSH; Purpose and Background (404)498–1811. evaluation options of the National The Director, Management Analysis and Occupational Research Agenda (NORA); The fee schedule for sanitation Services Office, has been delegated the update on NIOSH Traumatic Injury Research; inspections of passenger cruise ships authority to sign Federal Register notices approaches to promoting a healthier U.S. inspected under the Vessel Sanitation pertaining to announcements of meetings and Workforce; update on NIOSH Aerosols Program (VSP) was first published in Research; and closing remarks. other committee management activities for Agenda items are subject to change as the Federal Register on November 24, both CDC and ATSDR. priorities dictate. 1987 (52 FR 45019), and CDC began Dated: August 18, 2003. Contact Person for More Information: collecting fees on March 1, 1988. Since Diane C. Allen, Roger Rosa, Executive Secretary, BSC, then, CDC has published the fee NIOSH, CDC, 200 Independence Avenue, Acting Director, Management Analysis and schedule annually. This notice SW., Room 715H, Washington, DC 20201, Services Office, Centers for Disease Control announces fees effective October 1, telephone (202) 205–7856, fax (202) 260– and Prevention (CDC). 2003. 4464. [FR Doc. 03–21512 Filed 8–21–03; 8:45 am] The Director, Management Analysis and The formula used to determine the BILLING CODE 4163–18–P Services Office, has been delegated the fees is as follows:

Total cost of VSP Average cost per inspection = Weighted number of annual inspections

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The average cost per inspection is Interested persons are invited to send Dated: August 14, 2003. multiplied by a size/cost factor to comments regarding this burden Dawn Willinghan, determine the fee for vessels in each estimate or any other aspect of this Acting, CMS Reports Clearance Officer, Office size category. The size/cost factor was collection of information, including any of Strategic Operations and Strategic Affairs, established in the proposed fee schedule of the following subjects: (1) The Division of Regulations Development and published in the Federal Register on necessity and utility of the proposed Issuances. July 17, 1987 (52 FR 27060), and revised information collection for the proper [FR Doc. 03–21482 Filed 8–21–03; 8:45 am] in a schedule published in the Federal performance of the agency’s functions; BILLING CODE 4120–03–U Register on November 28, 1989 (54 FR (2) the accuracy of the estimated 48942). The revised size/cost factor is burden; (3) ways to enhance the quality, presented in Appendix A. DEPARTMENT OF HEALTH AND Fee: The fee schedule (Appendix A) utility, and clarity of the information to HUMAN SERVICES will be effective October 1, 2003, be collected; and (4) the use of through September 30, 2004. The fee automated collection techniques or Centers for Medicare & Medicaid schedule, which became effective other forms of information technology to Services minimize the information collection October 1, 2001, will remain the same [CMS–2166–N] in 2004. If travel expenses continue to burden. increase, the fees may need adjustment Type of Information Request: RIN 0938–ZA17 before September 30, 2004, because Extension of a currently approved State Children’s Health Insurance travel constitutes a sizable portion of collection; Type of Information Program; Final Allotments to States, VSP’s costs. If an adjustment is Collection: Medicaid Program: the District of Columbia, and U.S. necessary, a notice will be published in Demonstration to Improve the Direct Territories and Commonwealths for the Federal Register 30 days before the Service Workforce; CMS Form Number: effective date. Fiscal Year 2004 CMS–10085 (OMB# 0938–0896); Use: Applicability: The fees will apply to Executive Order 13217, ‘‘Community- AGENCY: Centers for Medicare & all passenger cruise vessels for which Medicaid Services (CMS), HHS. inspections are conducted as part of Based Alternatives for Individuals with ACTION: Notice. CDC’s VSP. Disabilities’’ provides for the establishment of grants for states and The Director, Management Analysis SUMMARY: Title XXI of the Social and Services Office, has been delegated community groups that develop and Security Act (the Act) authorizes the authority to sign Federal Register implement demonstration programs payment of Federal matching funds to notices pertaining to announcements of designed to increase the pool of direct States, the District of Columbia, and meetings and other committee care service workers, who help support U.S. Territories and Commonwealths to management activities for both the people with disabilities in the initiate and expand health insurance Centers for Disease Control and community, through recruitment and coverage to uninsured, low-income Prevention and the Agency for Toxic retention strategies. State agencies and children under the State Children’s Substances and Disease Registry. community groups will be applying for Health Insurance Program (SCHIP). This Dated: August 18, 2003. these grants; Frequency: On occasion; notice sets forth the final allotments of Diane C. Allen, Affected Public: State, local, or tribal Federal funding available to each State, Acting Director, Management Analysis and government; Not-for-profit institutions; the District of Columbia, and each U.S. Services Office, Centers for Disease Control Number of Respondents: 100; Total Territory and Commonwealth for fiscal and Prevention (CDC). Annual Responses: 107; Total Annual year 2004. States may implement SCHIP [FR Doc. 03–21513 Filed 8–21–03; 8:45 am] Burden Hours: 6140. through a separate State program under BILLING CODE 4163–18–P To obtain copies of the supporting title XXI of the Act, an expansion of a State Medicaid program under title XIX statement and any related forms for the of the Act, or a combination of both. proposed paperwork collections DEPARTMENT OF HEALTH AND EFFECTIVE DATE: This notice is effective HUMAN SERVICES referenced above, access CMS’s Web site address at http://cms.hhs.gov/ on September 22, 2003. Final allotments are available for expenditures after Centers for Medicare and Medicaid regulations/pra/default.asp, or e-mail October 1, 2003. Services your request, including your address, phone number, OMB number, and CMS FOR FURTHER INFORMATION CONTACT: [Document Identifier: CMS–10085] document identifier, to Richard Strauss, (410) 786–2019. Agency Information Collection [email protected], or call the Reports SUPPLEMENTARY INFORMATION: Activities: Proposed Collection; Clearance Office on (410) 786–1326. I. Purpose of This Notice Comment Request Written comments and This notice sets forth the allotments recommendations for the proposed AGENCY: available to each State, the District of Centers for Medicare and information collections must be mailed Medicaid Services, HHS. Columbia, and each U.S. Territory and In compliance with the requirement within 60 days of this notice directly to Commonwealth for fiscal year (FY) 2004 of section 3506(c)(2)(A) of the the CMS Paperwork Clearance Officer under Title XXI of the Social Security Paperwork Reduction Act of 1995, the designated at the following address: Act (the Act). Final allotments for a Centers for Medicare and Medicaid CMS, Office of Strategic Operations and fiscal year are available to match Services (CMS) (formerly known as the Regulatory Affairs, Division of expenditures under an approved State Health Care Financing Administration Regulations Development and child health plan for 3 fiscal years, (HCFA)), Department of Health and Issuances, Attention: Dawn Willinghan, including the year for which the final Human Services, is publishing the Room C5–14–03, 7500 Security allotment was provided. The FY 2004 following summary of proposed Boulevard, Baltimore, Maryland 21244– allotments will be available to States for collections for public comment. 1850. FY 2004, and unexpended amounts may

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be carried over to 2005 and 2006. Islands, 2.6 percent; American Samoa, employee in the health services Federal funds appropriated for title XXI 1.2 percent; and the Northern Mariana industry, which is determined using the are limited, and the law specifies a Islands, 1.1 percent. most recent 3 years of such wage data formula to divide the total annual Section 2104(c)(4)(B) of the Act as reported and determined as final by appropriation into individual allotments provides for additional amounts for the Bureau of Labor Statistics (BLS) of available for each State, the District of allotment to the Territories and the Department of Labor to be officially Columbia, and each U.S. Territory and Commonwealths: $34,200,000 for each available before the beginning of the Commonwealth with an approved child FY 2000 through FY 2001; $25,200,000 calendar year in which the fiscal year health plan. for each FY 2002 through FY 2004; begins. Since FY 2004 begins on Section 2104(b) of the Act requires $32,400,000 for each FY 2005 through October 1, 2003 (that is, in calendar year States, the District of Columbia, and FY 2006; and $40,000,000 for FY 2007. 2003), in determining the FY 2004 U.S. Territories and Commonwealths to Since, for FY 2004, title XXI of the Act SCHIP allotments, we are using the most have an approved child health plan for provides an additional $25,200,000 for recent official data from the Bureau of the fiscal year in order for the Secretary allotment to the U.S. Territories and the Census and the BLS, respectively, to provide an allotment for that fiscal Commonwealths, the total amount available before January 1 of calendar year. All States, the District of available for allotment to the U.S. year 2003 (that is, through the end of Columbia, and U.S. Territories and Territories and Commonwealths in FY December 31, 2002). Commonwealths have approved plans 2004 is $33,075,000; that is, $25,200,000 Number of Children for FY 2004. Therefore, the FY 2004 plus $7,875,000 (0.25 percent of the FY allotments contained in this notice 2004 appropriations of $3,150,000,000). For FY 2004, as specified by section pertain to all States, the District of Therefore, the total amount available 2104(b)(2)(A)(iii) of the Act, the number Columbia, and U.S. Territories and nationally for allotment for the 50 States of children is calculated as the sum of Commonwealths. and the District of Columbia for FY 2004 50 percent of the number of low- income, uninsured children in the State, II. Methodology for Determining Final was determined in accordance with the following formula: and 50 percent of the number of low- Allotments for States, the District of income children in the State. The A = S ( ) ¥ T ( ) Columbia, and U.S. Territories and T 2104 a 2104 c number of children factor for each State Commonwealths. AT = Total amount available for allotment to the 50 States and the is developed from data provided by the This notice specifies, in the Table District of Columbia for the fiscal Bureau of the Census based on the under section III, the final FY 2004 year. standard methodology used to allotments available to individual determine official poverty status and S2104(a) = Total appropriation for the States, the District of Columbia, and fiscal year indicated in section uninsured status in the annual CPS on U.S. Territories and Commonwealths for 2104(a) of the Act. For FY 2004, this these topics. As part of a continuing either child health assistance is $3,150,000,000. formal process between the Centers for expenditures under approved States Medicare & Medicaid Services (CMS) T2104(c) = Total amount available for child health plans or for claiming an allotment for the U.S. Territories and the Bureau of the Census, each enhanced Federal medical assistance and Commonwealths; determined fiscal year we obtain the number of percentage rate for certain SCHIP- under section 2104(c) of the Act as children data officially from the Bureau related Medicaid expenditures. As 0.25 percent of the total of the Census. discussed below, the FY 2004 final appropriation for the 50 States and Under section 2104(b)(2)(B) of the allotments have been calculated to the District of Columbia. For FY Act, the number of children for each reflect the methodology for determining 2004, this is: .0025 × $3,150,000,000 State (provided in thousands) was an allotment amount for each State, the = $7,875,000. determined and provided by the Bureau District of Columbia, and each U.S. of the Census based on the arithmetic Territory and Commonwealth as Therefore, for FY 2004, the total average of the number of low-income prescribed by section 2104(b) of the Act. amount available for allotment to the 50 children and low-income children with Section 2104(a) of the Act provides States and the District of Columbia is no health insurance as calculated from that, for purposes of providing $3,142,125,000. This was determined as the three most recent March allotments to the 50 States and the follows: supplements to the CPS officially District of Columbia, the following AT ($3,142,125,000) = S2104(a) available from the Bureau of the Census ¥ amounts are appropriated: ($3,150,000,000) T2104(c) before the beginning of the 2003 $4,295,000,000 for FY 1998; ($7,875,000) calendar year. In particular, through $4,275,000,000 for each FY 1999 For purposes of the following December 31, 2002, the most recent through FY 2001; $3,150,000,000 for discussion, the term ‘‘State,’’ as defined official data available from the Bureau each FY 2002 through FY 2004; in section 2104(b)(1)(D)(ii) of the Act, of the Census on the numbers of $4,050,000,000 for each FY 2005 ‘‘means one of the 50 States or the children were data from the three March through FY 2006; and $5,000,000,000 District of Columbia.’’ CPSs conducted in March 2000, 2001, for FY 2007. However, under section Under section 2104(b) of the Act, the and 2002 (representing data for years 2104(c) of the Act, 0.25 percent of the determination of the number of children 1999, 2000, and 2001). total amount appropriated each year is applied in determining the SCHIP available for allotment to the U.S. allotment for a particular fiscal year is State Cost Factor Territories and Commonwealths of based on the three most recent March The State cost factor is based on Puerto Rico, Guam, the Virgin Islands, supplements to the Current Population annual average wages in the health American Samoa, and the Northern Survey (CPS) of the Bureau of the services industry in the State. The State Mariana Islands. The total amounts are Census officially available before the cost factor for a State is equal to the sum allotted to the U.S. Territories and beginning of the calendar year in which of: 0.15 and 0.85 multiplied by the ratio Commonwealths according to the the fiscal year begins. The of the annual average wages in the following percentages: Puerto Rico, 91.6 determination of the State cost factor is health industry per employee for the percent; Guam, 3.5 percent; the Virgin based on the annual average wages per State to the annual wages per employee

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in the health industry for the 50 States allotments necessarily reflect 2 years of for all States are then summed. Finally, and the District of Columbia. SIC system data (1999 and 2000) and the product for a State is divided by the Under section 2104(b)(3)(B) of the one year of NAICS data (2001) to obtain sum of the products for all States, Act, as amended by the Balanced the 3-year average required for the thereby yielding the State’s preadjusted Budget Refinement Act of 1999 (BBRA) allotments. proportion. Pub. L. 106–113, enacted on November Under the SIC system, BLS provided Application of Floors and Ceilings 29, 1999, the State cost factor for each CMS with wage data for each State State for a fiscal year is calculated based under the SIC Code 80 for the years Under the second step, the on the average of the annual wages for 1999 and 2000. However, the wage data preadjusted proportions are subject to employees in the health industry for codes under the SIC system do not map the application of proportion floors, each State using data for each of the exactly to the wage data codes under the ceilings, and a reconciliation process, as most recent 3 years as reported and NAICS. As a result, for the year 2001 appropriate. The SCHIP statute specifies determined as final by the BLS in the BLS provided us with wage data using three proportion floors, or minimum Department of Labor and available three NAICS wage data codes that proportions, that apply in determining before the beginning of the calendar represent approximately 98 percent of States’ allotments. The first proportion year in which the fiscal year begins. the wage data that would have been floor is equal to $2,000,000 divided by Therefore, the State cost factor for FY provided under the related SIC Code 80. the total of the amount available 2004 is based on the most recent 3 years Specifically, in lieu of SIC Code 80 data, nationally for the fiscal year. This of BLS data officially available as final for the year 2001 BLS provided CMS proportion ensures that a State’s before January 1, 2003 (the beginning of data that are based on the following minimum allotment would be the calendar year in which FY 2004 three NAICS codes: NAICS Code 621 $2,000,000. For FY 2004, no State’s begins); that is, it is based on the BLS (Ambulatory health care services), Code preadjusted proportion is below this data available as final through December 622 (Hospitals), and Code 623 (Nursing floor. The second proportion floor is 31, 2002. In accordance with these and residential care facilities). equal to 90 percent of the allotment requirements, we used the final State Under section 2104(b)(4) of the Act, proportion for the State for the previous cost factor data available from BLS for each State and the District of Columbia fiscal year; that is, a State’s proportion 1999, 2000, and 2001 in calculating the is allotted a ‘‘proportion’’ of the total for a fiscal year must not be lower than FY 2004 final allotments. amount available nationally for 10 percent below the previous fiscal The State cost factor is determined allotment to the States. The term year’s proportion. The third proportion based on the calculation of the ratio of ‘‘proportion’’ is defined in section floor is equal to 70 percent of the each State’s average annual wages in the 2104(b)(4)(D)(i) of the Act and refers to allotment proportion for the State for FY health industry to the national average a State’s share of the total amount 1999; that is, the proportion for a fiscal annual wages in the health care available for allotment for any given year must not be lower than 30 percent industry. Since BLS is required to fiscal year. In order for the entire total below the FY 1999 proportion. Each State’s allotment proportion for suppress certain State-specific data in amount available to be allotted to the a fiscal year is also limited by a providing us with the State-specific States, the sum of the proportions for all maximum ceiling amount, equal to 145 average wages per health services States must exactly equal one. Under percent of the State’s proportion for FY industry employee due to the Privacy the statutory definition, a State’s Act, we calculated the national average 1999; that is, a State’s proportion for a proportion for a fiscal year is equal to wages directly from the State-specific fiscal year must be no higher than 45 the State’s allotment for the fiscal year data provided by BLS. As part of a percent above the State’s proportion for divided by the total amount available continuing formal process between CMS FY 1999. The floors and ceilings are nationally for allotment for the fiscal and the BLS, each fiscal year CMS intended to minimize the fluctuation of year. In general, a State’s allotment for obtains these wage data officially from State allotments from year to year and a fiscal year is calculated by multiplying the BLS. over the life of the program as compared Section 2104(b)(3)(B) of the Act, as the State’s proportion for the fiscal year to FY 1999. The floors and ceilings on amended by the BBRA, refers to wage by the national total amount available proportions are not applicable in data as reported by BLS under the for allotment for that fiscal year in determining the allotments of the U.S. ‘‘Standard Industrial Classification’’ accordance with the following formula: Territories and Commonwealths; they (SIC) system. However, in calendar year SAi = Pi x AT receive a fixed percentage specified in 2002, BLS phased-out the SIC wage and SAi = Allotment for a State or District the statute of the total allotment employment reporting system and of Columbia for a fiscal year. available to the U.S. Terrorities and replaced it with the ‘‘North American Pi = Proportion for a State or District of Commonwealths. Industry Classification System’’ Columbia for a fiscal year. As determined under the first step for (NAICS). In accordance with section AT = Total amount available for determining the States’ preadjusted 2104(b)(3)(B) of the Act, for purposes of allotment to the 50 States and the proportions, which is applied before the calculating the FY 2004 allotments, BLS District of Columbia for the fiscal application of any floors or ceilings, the would need to provide wage data for the year. For FY 2004, this is sum of the proportions for all the States 3 most recent years as available through $3,142,125,000. and the District of Columbia will be December 31, 2002; in this case, the 3 In accordance with the statutory equal to exactly one. However, the years of wage data are 1999, 2000, and formula for determining allotments, the application of the floors and ceilings 2001. However, because of the change State proportions are determined under under the second step may change the from the SIC system to NAICS, wage two steps, which are described below in proportions for certain States; that is, data for 2001 are not available under the further detail. some States’ proportions may need to be SIC reporting system. Wage data for Under the first step, each State’s raised to the floors, while other States’ 1999 and 2000 under the SIC reporting proportion is calculated by multiplying proportions may need to be lowered to system are available from BLS. the State’s Number of Children and the the maximum ceiling. If this occurs, the Therefore, the BLS wage data used in State Cost Factor to determine a sum of the proportions for all States and calculating the FY 2004 SCHIP ‘‘product’’ for each State. The products the District of Columbia may not exactly

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equal one. In that case, the statute in which the fiscal year begins. (See and is based on the three most recent requires the proportions to be adjusted, section 2104(b)(2)(B) of the Act.) March supplements to the CPS of the under a method that is determined by For fiscal year 2004, the number of Bureau of the Census officially available whether the sum of the proportions is children is equal to the sum of 50 before the beginning of the calendar greater or less than one. percent of the number of low-income year in which the fiscal year begins. The The sum of the proportions would be uninsured children in the State for the FY 2004 allotments were based on the greater than one if the application of the fiscal year and 50 percent of the number 2000, 2001, and 2002 March floors and ceilings resulted in raising of low-income children in the State for supplements to the CPS. These data the proportions of some States (due to the fiscal year. (See section represent the number of people in each the application of the floors) to a greater 2104(b)(2)(A)(iii) of the Act.) State under 19 years of age whose degree than the proportions of other SCFi = State Cost Factor for a State family income is at or below 200 States were lowered (due to the (section 2104(b)(1)(A)(ii) of the percent of the poverty threshold application of the ceiling). If, after Act). For a fiscal year, this is equal appropriate for that family, and who are × application of the floors and ceiling, the to: 0.15 + 0.85 (Wi/WN). reported to be without health insurance sum of the proportions is greater than Wi = The annual average wages per coverage. The number of children for one, the statute requires the Secretary to employee for a State for such year each State was developed by the Bureau determine a maximum percentage (section 2104(b)(3)(A)(ii)(I) of the of the Census based on the standard increase limit, which, when applied to Act). methodology used to determine official the State proportions, would result in WN = The annual average wages per poverty status and uninsured status in the sum of the proportions being exactly employee for the 50 States and the its annual March CPS on these topics. one. District of Columbia (section For FY 2004, the number of children If, after the application of the floors 2104(b)(3)(A)(ii)(II) of the Act). The is equal to the sum of 50 percent of the and ceiling, the sum of the proportions annual average wages per employee number of low-income uninsured is less than one, the statute requires the for a State or for all States and the children in the State and 50 percent of States’ proportions to be increased in a District of Columbia for a fiscal year the number of low-income children in ‘‘pro rata’’ manner so that the sum of the is equal to the average of such the State. proportions again equals one. Finally, it wages for employees in the health Column C = State Cost Factor. The is also possible, although unlikely, that services industry, as reported and State cost factor for a State is equal to the sum of the proportions (after the determined as final by the BLS of the sum of: 0.15, and 0.85 multiplied by application of the floors and ceiling) the Department of Labor for each of the ratio of the annual average wages in will be exactly one; in that case, the the most recent 3 years officially the health industry per employee for the proportions would require no further available before the beginning of the State to the annual wages per employee adjustment. calendar year in which the fiscal in the health industry for the 50 States year begins. (See section and the District of Columbia. The State Determination of Preadjusted 2104(b)(3)(B) of the Act). cost factor for each State was calculated Proportions S(Ci × SCFi) = The sum of the products based on such wage data for each State × The following is an explanation of of (Ci SCFi) for each State (section as reported and determined as final by how we applied the two State-related 2104(b)(1)(B) of the Act). the BLS in the Department of Labor for factors specified in the statute to The resulting proportions would then each of the most recent 3 years and determine the States’ ‘‘preadjusted’’ be subject to the application of the available before the beginning of the proportions for FY 2004. The term floors and ceilings specified in the calendar year in which the fiscal year ‘‘preadjusted,’’ as used here, refers to SCHIP statute and reconciled, as begins. The FY 2004 allotments were the States’ proportions before the necessary, to eliminate any deficit or based on final BLS wage data for 1999, application of the floors and ceiling and surplus of the allotments because the 2000, and 2001. Column D = Product. The Product for adjustments, as specified in the SCHIP sum of the proportions was either each State was calculated by statute. The determination of each State greater than or less than one. multiplying the Number of Children in and the District of Columbia’s Section 2104(e) of the Act requires Column B by the State Cost Factor in preadjusted proportion for FY 2004 is in that the amounts allotted to a state for Column C. The sum of the Products for accordance with the following formula: a fiscal year be available to the State for all 50 States and the District of PP = (C × SCF )/ s(C × SCF ) a total of 3 years; the fiscal year for i i i i i which the amounts are allotted, and the Columbia is below the Products for each PPi = Preadjusted proportion for a State 2 following fiscal years. State in Column D. The Product for each or District of Columbia for a fiscal State and the sum of the Products for all year. III. Table of State Children’s Health States provides the basis for allotment to Ci = Number of children in a State Insurance Program Final Allotments for States and the District of Columbia. (section 2104(b)(1)(A)(i) of the Act) FY 2004 Column E = Proportion of Total. This for a fiscal year. This number is Key to Table is the calculated percentage share for based on the number of low-income each State of the total allotment children for a State for a fiscal year Column/Description available to the 50 States and the and the number of low-income Column A = State. Name of State, District of Columbia. The Percent Share uninsured children for a State for a District of Columbia, U.S. of Total is calculated as the ratio of the fiscal year determined on the basis Commonwealth or Territory. Product for each State in Column D to of the arithmetic average of the Column B = Number of Children. The the sum of the Products for all 50 States number of such children as number of children for each State and the District of Columbia below the reported and defined in the three (provided in thousands) was determined Products for each State in Column D. most recent March supplements to and provided by the Bureau of the Column F = Adjusted Proportion of the CPS of the Bureau of the Census based on the arithmetic average Total. This is the calculated percentage Census, officially available before of the number of low-income children share for each State of the total the beginning of the calendar year and low-income uninsured children, allotment available after the application

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of the floors and ceilings and after any Column G = Allotment. This is the Commonwealths, the Proportion of further reconciliation needed to ensure SCHIP allotment for each State, Total in Column E is specified in that the sum of the State proportions is Commonwealth, or Territory for the section 2104(c) of the Act. The total equal to one. The three floors specified fiscal year. For each of the 50 States and amount is then allotted to the U.S. in the statute are: (1) The percentage the District of Columbia, that is Territories and Commonwealths calculated by dividing $2,000,000 by the determined as the Adjusted Proportion according to the percentages specified total of the amount available for all of Total in Column F for the State in section 2104 of the Act. There is no allotments for the fiscal year; (2) an multiplied by the total amount available adjustment made to the allotments of annual floor of 90 percent of (that is, 10 for allotment for the 50 States and the the U.S. Territories and percent below) the preceding fiscal District of Columbia for the fiscal year. Commonwealths as they are not subject year’s allotment proportion; and (3) a For each of the U.S. Territory and to the application of the floors and cumulative floor of 70 percent of (that Commonwealths, the allotment is ceiling. As a result, Column F in the is, 30 percent below) the FY 1999 determined as the Proportion of Total in allotment proportion. There is also a Column E multiplied by the total table, the Adjusted Proportion of Total, cumulative ceiling of 145 percent of amount available for allotment to the is empty for the U.S. Territories and (that is, 45 percent above) the FY 1999 U.S. Territories and Commonwealths. Commonwealths. allotment proportion. For the U.S. Territories and BILLING CODE 4120–01–P

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BILLING CODE 4120–01–C IV. Impact Statement Planning and Review), the Regulatory We have examined the impacts of this Flexibility Act (RFA) (September 16, rule as required by Executive Order 1980, Pub. L. 96–354), section 1102(b) of 12866 (September 1993, Regulatory the Social Security Act, the Unfunded

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Mandates Reform Act of 1995 (Pub. L. costs and benefits of this notice, in SUMMARY: In this notice, we are adopting 104–4), and Executive Order 13132. accordance with the Unfunded as final the proposed expenditures We examined the impact of this Mandates Reform Act. allotted under sections notice as required by Executive Order Low-income children will benefit 1902(a)(10)(E)(iv)(I) and (II) of the Social 12866. Executive Order 12866 directs from payments under SCHIP through Security Act (the Act) to participating agencies to assess all costs and benefits increased opportunities for health State agencies to pay all, or some of available regulatory alternatives and, insurance coverage. We believe this portion of, Medicare Part B premium when rules are necessary, to select notice will have an overall positive costs for a specified category of eligible regulatory approaches that maximize impact by informing States, the District low-income Medicare beneficiaries net benefits (including potential of Columbia, and U.S. Territories and called qualifying individuals (QIs) economic environments, public health Commonwealths of the extent to which during Federal fiscal year 2002. The and safety, other advantages, they are permitted to expend funds proposed notice announcing the update distributive impacts, and equity). We under their child health plans using was published in the August 30, 2002 believe that this notice is consistent their FY 2004 allotments. Federal Register. Federal fiscal year with the regulatory philosophy and Under Executive Order 13132, we are 2002 is the final year that these principles identified in the Executive required to adhere to certain criteria allotments are authorized under the Act. Order. The formula for the allotments is regarding Federalism. We have However, the Congress has extended specified in the statute. Since the reviewed this notice and determined funding at the same level for one group formula is specified in the statute, we that it does not significantly affect of QIs for fiscal year 2003. have no discretion in determining the States’ rights, roles, and responsibilities EFFECTIVE DATE: This final notice is allotments. This notice merely because it does not set forth any new effective on October 21, 2003. announces the results of our application policies. of this formula, and therefore does not For these reasons, we are not FOR FURTHER INFORMATION CONTACT: reach the economic significance preparing analyses for either the RFA or Robert Nakielny, (410) 786–4466. threshold of $100 million in any one section 1102(b) of the Act because we I. Background year. have determined, and we certify, that The RFA requires agencies to analyze this notice will not have a significant A. Before the Balanced Budget Act of options for regulatory relief of small economic impact on a substantial 1997 businesses. For purposes of the RFA, number of small entities or a significant Before enactment of the Balanced small entities include small businesses, impact on the operations of a substantial Budget Act of 1997 (BBA), section nonprofit organizations, and number of small rural hospitals. 1902(a)(10)(E) of the Social Security Act government agencies. Most hospitals In accordance with the provisions of specified that State Medicaid plans and most other providers and suppliers Executive Order 12866, this notice was must provide Medicare cost-sharing for are small entities, either by nonprofit reviewed by the Office of Management three groups of eligible low-income status or by having revenues of $6 and Budget. Medicare beneficiaries. These three million to $29 million in any one year. groups include: qualified Medicare Individuals and States are not included (Section 1102 of the Social Security Act (42 U.S.C. 1302)) beneficiaries (QMBs), specified low- in the definition of a small entity; therefore, this requirement does not (Catalog of Federal Domestic Assistance income Medicare beneficiaries (SLMBs), apply. Program No. 93.767, State Children’s Health and qualified disabled and working In addition, section 1102(b) of the Act Insurance Program) individuals (QDWIs). requires us to prepare a regulatory Dated: April 2, 2003. A QMB is an individual entitled to impact analysis if a rule may have a Thomas A. Scully, Medicare Part A (Hospital Insurance) significant impact on the operations of Administrator, Centers for Medicare & with an income that falls at or below the a substantial number of small rural Medicaid Services. Federal poverty level and resources hospitals. This analysis must conform to Dated: April 29, 2003. below $4,000 for an individual and the provisions of section 604 of the Tommy G. Thompson, $6,000 for a couple. An SLMB is an RFA. For purposes of section 1102(b) of Secretary. individual who meets the QMB criteria, the Act, we define a small rural hospital [FR Doc. 03–21439 Filed 8–21–03; 8:45 am] except that his or her income is between a State-established level (at or below the as a hospital that is located outside of BILLING CODE 4120–01–P a Metropolitan Statistical Area and has Federal poverty level) and 120 percent fewer than 100 beds. of the Federal poverty level. A QDWI is The Unfunded Mandates Reform Act DEPARTMENT OF HEALTH AND an individual who is entitled to enroll of 1995 requires that agencies prepare HUMAN SERVICES in Medicare Part A, whose income does an assessment of anticipated costs and not exceed 200 percent of the Federal benefits before publishing any notice Centers for Medicare & Medicaid poverty level for a family of the size that may result in an annual Services involved, whose resources do not expenditure by State, local, and tribal exceed twice the amount allowed under [CMS–2136–FN] governments, in the aggregate, or by the the Supplementary Security Income private sector, of $110 million or more RIN 0938–AL79 program, and who is not otherwise (adjusted each year for inflation) in any eligible for Medicaid. one year. This notice will not create an Medicaid Program; State Allotments The definition of Medicare cost- unfunded mandate on States, tribal, or for Payment of Medicare Part B sharing at section 1905(p)(3) of the Act local governments because it merely Premiums for Qualifying Individuals: includes payment for Medicare notifies states of their SCHIP allotment Federal Fiscal Year 2002 premiums, although QDWIs only qualify for FY 2004 and does not mandate any AGENCY: Centers for Medicare & to have Medicaid pay their Medicare additional expenditures by these Medicaid Services (CMS), HHS. Part A premiums, and SLMBs only governments. Therefore, we are not qualify to have Medicaid pay their ACTION: Final notice. required to perform an assessment of the Medicare Part B premiums.

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B. After Enactment of the Balanced Section 1933(a) of the Act specifies II. Provisions of the Proposed Notice Budget Act of 1997 that a State agency must provide, The August 30, 2002 (67 FR 55851) Section 4732 of the BBA amended through a State plan amendment, for proposed notice announced the section 1902(a)(10)(E) of the Act to medical assistance to pay for the cost of proposed allotments that were made require that States provide for Medicaid Medicare cost-sharing on behalf of QIs available to individual States for Federal payment of all, or a portion of, Medicare who are selected to receive assistance. fiscal year 2002 for the Medicaid Part B (Supplementary Medical Section 1933(b) of the Act sets forth payment of Medicare Part B premiums Insurance) premiums, during the period the rules that State agencies must follow for QIs identified under sections beginning January 1998 through in selecting QIs and providing payment 1902(a)(10)(E)(iv)(I) and (II) of the Act. December 2002, for selected members of for Medicare Part B premiums. Specifically, the Federal fiscal year 2002 two eligibility groups of low-income Specifically, the State agency must allotments have been calculated as Medicare beneficiaries, referred to as permit all QIs to apply for assistance follows: qualifying individuals (QIs). and must select individuals on a first- AT = Total amount to be allocated Under section 1902(a)(10)(E)(iv)(I) of come, first-served basis in the order in which they apply. M1i= 3-year average of the number of the Act, State agencies are required to Medicare beneficiaries in State i pay the full amount of the Medicare Part Section 1933(c) of the Act limits the total amount of Federal funds available who are not enrolled in Medicaid B premium for selected QIs who would and whose incomes are at least 120 be QMBs except that their income level for payment of Part B premiums each fiscal year and specifies the formula to percent but less than 135 percent of is at least 120 percent but less than 135 Federal poverty line percent of the Federal poverty level for be used to determine an allotment for each State from this total amount. For M2i = 3-year average of the number of a family of the size involved. These Medicare beneficiaries in State i individuals cannot otherwise be eligible State agencies that execute a State plan amendment in accordance with section who are not enrolled in Medicaid for medical assistance under the and whose incomes are at least 135 approved State Medicaid plan. 1933(a) of the Act, a total of $1.5 billion was allocated over 5 years as follows: percent but less than 175 percent of The second group of QIs, under Federal poverty line. section 1902(a)(10)(E)(iv)(II) of the Act, $200 million in FY 1998; $250 million includes Medicare beneficiaries who in FY 1999; $300 million in FY 2000; Then, the allotment reserved for State would be QMBs except that their $350 million in FY 2001; and $400 i is determined by the following income is at least 135 percent but less million in FY 2002. formula: The Federal matching rate for than 175 percent of the Federal poverty   level for a family of the size involved. Medicaid payment of Medicare Part B  ⋅+  These QIs may not be otherwise eligible premiums for QIs is 100 percent for = 2 M1ii M2 ⋅ Ai   AT for Medicaid under the approved State expenditures up to the amount of the ∑()2M1⋅+ M2  plan, but are eligible for a portion of State’s allotment. No Federal matching jj  j  Medicare cost-sharing consisting only of funds are available for expenditures in a percentage of the increase in the excess of the State’s allotment amount. We note that the formula used to Medicare Part B premium attributable to Administrative expenses associated calculate these allotments is the same the shift of Medicare home health with the payment of Medicare Part B we have used since 1998 for calculating coverage from Part A to Part B (as premiums for QIs remain at the 50 the annual QI allotments. In applying provided in section 4611 of the BBA). percent matching level and may not be the formula for the allotments presented Section 4732(c) of the BBA also added taken from the State’s allotment. in this document, we have used the section 1933 of the Act, which specifies The amount available for each fiscal latest data available to us as of August the provisions for State coverage of the year was allocated among States 30, 2002, the date we published our Medicare cost-sharing for additional according to the formula set forth in proposed allotments for Fiscal Year low-income Medicare beneficiaries. section 1933(c)(2) of the Act. 2002.

FY 2002 STATE ALLOTMENTS FOR PAYMENT OF PART B PREMIUMS UNDER SEC. 4732 OF THE BBA OF 1997

(c) 2 × (a) + State Share of State FY 2002 State (a) M11 (b) M22 allocation (b) (c) ($000)

AK ...... 1 3 5 0.08% 321 AL ...... 25 68 118 1.90 7,584 AR ...... 23 46 92 1.48 5,913 AZ ...... 20 63 103 1.65 6,620 CA ...... 114 307 535 8.60 34,383 CO ...... 11 37 59 0.95 3,792 CT ...... 11 55 77 1.24 4,949 DC ...... 3 5 11 0.18 707 DE ...... 5 10 20 0.32 1,285 FL ...... 114 249 477 7.66 30,656 GA ...... 31 69 131 2.10 8,419 HI ...... 3 13 19 0.31 1,221 IA ...... 20 49 89 1.43 5,720 ID ...... 7 18 32 0.51 2,057 IL ...... 38 138 214 3.44 13,753 IN ...... 46 88 180 2.89 11,568 KS ...... 12 33 57 0.92 3,663 KY ...... 19 65 103 1.65 6,620

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FY 2002 STATE ALLOTMENTS FOR PAYMENT OF PART B PREMIUMS UNDER SEC. 4732 OF THE BBA OF 1997— Continued

(c) 2 × (a) + State Share of State FY 2002 State (a) M11 (b) M22 allocation (b) (c) ($000)

LA ...... 27 57 111 1.78 7,134 MA ...... 40 85 165 2.65 10,604 MD ...... 26 49 101 1.62 6,491 ME ...... 7 23 37 0.59 2,378 MI ...... 42 127 211 3.39 13,560 MN ...... 27 46 100 1.61 6,427 MO ...... 29 60 118 1.90 7,584 MS ...... 17 44 78 1.25 5,013 MT ...... 5 11 21 0.34 1,350 NC ...... 49 89 187 3.00 12,018 ND ...... 5 13 23 0.37 1,478 NE ...... 9 34 52 0.84 3,342 NH ...... 3 14 20 0.32 1,285 NJ ...... 35 109 179 2.88 11,504 NM ...... 11 28 50 0.80 3,213 NV ...... 7 23 37 0.59 2,378 NY ...... 92 233 417 6.70 26,799 OH ...... 52 167 271 4.35 17,416 OK ...... 14 65 93 1.49 5,977 OR ...... 15 32 62 1.00 3,985 PA ...... 81 187 349 5.61 22,429 RI ...... 7 13 27 0.43 1,735 SC ...... 34 58 126 2.02 8,098 SD ...... 4 13 21 0.34 1,350 TN ...... 37 61 135 2.17 8,676 TX ...... 82 218 382 6.14 24,550 UT ...... 7 16 30 0.48 1,928 VA ...... 45 83 173 2.78 11,118 VT ...... 3 8 14 0.22 900 WA ...... 21 56 98 1.57 6,298 WI ...... 24 87 135 2.17 8,676 WV ...... 11 44 66 1.06 4,242 WY ...... 3 7 13 0.21 835

Total ...... 1374 3476 6224 100.00 $400,000 1 Three-year average (1999–2001) of number (000) of Medicare beneficiaries in State who are not enrolled in Medicaid but whose incomes are at least 120% but less than 135% of the Federal Poverty Level (FPL). 2 Three-year average (1999–2001) of number (000) of Medicare beneficiaries in State who are not enrolled in Medicaid but whose incomes are at least 135% but less than 175% of the Federal Poverty Level (FPL).

III. Analysis of and Responses to Public costs and benefits of available regulatory under Executive Order 12866. Comments and Provisions of the Final alternatives and, if regulation is Therefore, consistent with Executive Notice necessary, to select regulatory Order 12866, we are not providing an approaches that maximize net benefits impact analysis. We received no public comments on (including potential economic, The RFA requires agencies to analyze the August 30, 2002 Federal Register options for regulatory relief for small proposed notice. We are adopting the environmental, public health and safety effects, distributive impacts, and businesses. For purposes of the RFA, provisions of the proposed notice as small entities include small businesses, final. equity). A regulatory impact analysis (RIA) must be prepared for major rules nonprofit organizations, and IV. Regulatory Impact Statement with economically significant effects government agencies. Most hospitals ($100 million or more in any 1 year). and most other providers and suppliers We have examined the impacts of this are small entities, either by nonprofit final notice as required by Executive We have determined this notice is not status or by having revenues of $6 Order 12866 (September 1993, a major rule because we are simply million to $29 million in any 1 year. Regulatory planning and review), the giving notice of FY 2002 allotments that Individuals and States are not included Regulatory Flexibility Act (RFA) were available to States of up to $400 in the definition of a small entity. (September 19, 1980, Pub. L. 96–354), million for a specialized category of This final notice will allocate, among section 1102(b) of the Act, the low-income Medicare beneficiaries. We the States, Federal funds to provide Unfunded Mandates Reform Act of 1995 note that these funds were already Medicaid payment for Medicare Part B (Pub. L. 104–4), and Executive Order budgeted and expended. In fact, State premiums for QIs. The total amount of 13132. expenditures claimed for fiscal year Federal funds available during a Federal Executive Order 12866 (as amended 2002 were less than 25 percent of the fiscal year and the formula for by Executive Order 13258, which total amount allotted, which is below determining individual State allotments merely reassigns responsibility of the $100 million threshold for are specified in the law. Because the duties) directs agencies to assess all economically significant rulemaking formula for determination of State

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allotments is specified in the statute, We are not preparing analyses for M Street, NW., Washington, DC 20005, there were no other options to be either the RFA or section 1102(b) of the (202) 429–1700. considered. Therefore, we have applied Act, because we have determined, and FOR FURTHER INFORMATION CONTACT: the statutory formula for the State we certify, that this final notice will not Lynne Johnson, Health Insurance allotments except for the use of have a significant economic impact on Specialist, Division of Partnership specified data. Because the data a substantial number of small entities or Development, Center for Beneficiary specified in the law were not available, a significant impact on the operations of Choices, Centers for Medicare & we have used comparable data from the a substantial number of small rural Medicaid Services, 7500 Security United States Census Bureau on the hospitals. Boulevard, mail stop S2–23–05, number of possible QIs in the States, as In accordance with the provisions of Baltimore, MD 21244–1850, (410) 786– described in detail in the January 26, Executive Order 12866, this final notice 0090. Please refer to the CMS Advisory 1998 Federal Register. Since the was reviewed by the Office of Committees’ Information Line (1–877– statutory formula calls for an estimate of Management and Budget. 449–5659 toll free)/(410–786–9379 individuals who could qualify for QI (Catalog of Federal Domestic Assistance local) or the Internet (http:// status rather than the number of Program No. 93.778, Medical Assistance www.cms.hhs.gov/faca/apme/ individuals who actually have that Program) default.asp) for additional information status, the exact numbers of those Dated: April 18, 2003. and updates on committee activities, or individuals will always be uncertain. Thomas A. Scully, contact Ms. Johnson via e-mail at These new allotments for FY 2002 Administrator, Centers for Medicare & [email protected]. Press inquiries incorporated the latest data from the Medicaid Services. are handled through the CMS Press United States Census Bureau from 1999 Dated: May 13, 2003. Office at (202) 690–6145. to 2001, as specified in the footnotes to Tommy G. Thompson, SUPPLEMENTARY INFORMATION: Section the preceding table. 222 of the Public Health Service Act (42 We believe that announcing the final Secretary. [FR Doc. 03–21440 Filed 8–21–03; 8:45 am] U.S.C. 217a), as amended, grants to the allocations in this notice will have a Secretary of the Department of Health BILLING CODE 4120–01–P positive effect on States and and Human Services (the Secretary) the individuals. Federal funding at the 100 authority to establish an advisory panel percent matching rate was available for DEPARTMENT OF HEALTH AND if the Secretary finds the panel Medicare Part B premiums (or for a HUMAN SERVICES necessary and in the public interest. The portion of those premiums) for QIs. Secretary signed the charter establishing In addition, section 1102(b) of the Act Centers for Medicare & Medicaid this Panel on January 21, 1999 (64 FR requires us to prepare a regulatory Services 7849), and approved the renewal of the impact analysis if a rule may have a charter on January 21, 2003. The Panel significant impact on the operations of [CMS–4053–N] advises and makes recommendations to a substantial number of small rural the Secretary and the Administrator of hospitals. This analysis must conform to Medicare Program: Meeting of the the Centers for Medicare & Medicaid the provisions of section 604 of the Advisory Panel on Medicare Services (CMS) on opportunities to RFA. For purposes of section 1102(b) of Education—September 18, 2003 enhance the effectiveness of consumer the Act, we define a small rural hospital AGENCY: education strategies concerning the as a hospital that is located outside a Centers for Medicare & Medicaid Services (CMS), HHS. Medicare program. Metropolitan Statistical Area and has The goals of the Panel are as follows: ACTION: fewer than 100 beds. Notice of meeting. • To develop and implement a Section 202 of the Unfunded SUMMARY: In accordance with the national Medicare education program Mandates Reform Act of 1995 also Federal Advisory Committee Act, 5 that describes the options for selecting requires that agencies assess anticipated U.S.C. Appendix 2, section 10(a) (Public a health plan under Medicare. costs and benefits before issuing any • Law 92–463), this notice announces a To enhance the Federal rule that may result in expenditure in meeting of the Advisory Panel on government’s effectiveness in informing any 1 year by State, local, or tribal Medicare Education (the Panel) on the Medicare consumer, including the governments, in the aggregate, or any September 18, 2003. The Panel advises appropriate use of public-private the private sector, of $110 million. This and makes recommendations to the partnerships. final notice does not mandate • Secretary of the Department of Health To expand outreach to vulnerable expenditure by State, local or tribal and Human Services and the and underserved communities, governments in the aggregate or the Administrator of the Centers for including racial and ethnic minorities, private sector of $110 million. Medicare & Medicaid Services on in the context of a national Medicare Executive Order 13132 establishes education program. opportunities to enhance the • certain requirements that an agency effectiveness of consumer education To assemble an information base of must meet when it promulgates a strategies concerning the Medicare best practices for helping consumers proposed rule (and subsequent final program. This meeting is open to the evaluate health plan options and build rule) that imposes substantial direct public. a community infrastructure for requirement costs on State and local information, counseling, and assistance. governments, preempts State law, or DATES: The meeting is scheduled for The current members of the Panel are: otherwise has Federalism implications. September 18, 2003 from 9:15 a.m. to 4 Dr. Jane Delgado, Chief Executive Because this final notice provides p.m., e.d.t. Officer, National Alliance for Hispanic notice of funding ceilings, as Deadline for Presentations and Health; Joyce Dubow, Senior Policy determined under the statute, we have Comments: September 11, 2003, 12 Advisor, Public Policy Institute, determined that this final notice will noon, e.d.t. American Association of Retired not significantly affect the rights, roles, ADDRESSES: The meeting will be held at Persons (AARP); Clayton Fong, and responsibilities of States. the Wyndham Washington Hotel, 1400 President and Chief Executive Officer,

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National Asian Pacific Center on Aging; Individuals not wishing to make a Boston, by e-mail at Timothy Fuller, Executive Director, presentation may submit written [email protected], or by telephone National Gray Panthers; John Graham comments to Ms. Johnson by 12 noon, at 410–786–6631. Persons who are not IV, Chief Executive Officer, American September 11, 2003. The meeting is registered in advance will not be Diabetes Association; Dr. William open to the public, but attendance is permitted into the Humphrey Building, Haggett, Senior Vice President, limited to the space available. and thus will not be able to attend the Government Programs, Independence Special Accommodation: Individuals meeting. Persons attending the meeting Blue Cross; Thomas Hall, Chairman and requiring sign language interpretation or will be required to show a photographic Chief Executive Officer, Cardio-Kinetics, other special accommodations should identification, preferably a valid driver’s Inc.; David Knutson, Director, Health contact Ms. Johnson at least 15 days license, before entering the building. System Studies, Park Nicollet Institute before the meeting. DATES: The meeting is scheduled for for Research and Education; Brian Authority: Sec. 222 of the Public Health September 15, 2003 from 8:30 a.m. until Lindberg, Executive Director, Consumer Service Act (42 U.S.C. 217a) and sec. 10(a) 5 p.m. e.d.t. and September 16, 2003 Coalition for Quality Health Care; of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a) from 8:30 a.m. until 1 p.m. e.d.t. Katherine Metzger, Director, Medicare and 41 CFR 102–3). ADDRESSES: The meeting will be held in and Medicaid Programs, Fallon (Catalog of Federal Domestic Assistance Community Health Plan; Dr. Laurie Room 800, at the Hubert H. Humphrey Program No. 93.733, Medicare—Hospital Building, 200 Independence Avenue, Powers, Co-Director, Center on Self- Insurance Program; and Program No. 93.774, Determination, Oregon Health Sciences Medicare—Supplementary Medical SW., Washington, DC 20201. University; Dr. Marlon Priest, Professor Insurance Program) Nominations: Nominations will be of Emergency Medicine, University of Dated: August 7, 2003. considered if received at the appropriate Alabama at Birmingham; Dr. Susan Thomas A. Scully, address, no later than 5 p.m. e.d.t., Reinhard, Co-Director, Center for State Administrator, Centers for Medicare & September 30, 2003. Mail or deliver Health Policy, Rutgers University and Medicaid Services. nominations to the following address: Chairperson of the Advisory Panel on [FR Doc. 03–21438 Filed 8–21–03; 8:45 am] Centers for Medicare & Medicaid Services, Center for Medicare Medicare Education; Dr. Everard BILLING CODE 4120–01–P Rutledge, Vice President of Community Management, Division of Provider Health, Bon Secours Health Systems, Relations and Evaluations, Attention: Inc.; Jay Sackman, Executive Vice DEPARTMENT OF HEALTH AND Diana Motsiopoulos, Designated Federal President, 1199 Service Employees HUMAN SERVICES Official, Practicing Physicians Advisory International Union; Dallas Salisbury, Council, 7500 Security Boulevard, Mail President and Chief Executive Officer, Centers for Medicare & Medicaid Stop C4–11–27, Baltimore, MD 21244– Employee Benefit Research Institute; Services 1850. Rosemarie Sweeney, Vice President, [CMS–1236–N] FOR FURTHER INFORMATION CONTACT: Socioeconomic Affairs and Policy Kenneth Simon, M.D., Executive Analysis, American Academy of Family Medicare Program; September 15 and Director, Practicing Physicians Advisory Physicians; and Bruce Taylor, Director, 16, 2003, Meeting of the Practicing Council, 7500 Security Boulevard, Mail Employee Benefit Policy and Plans, Physicians Advisory Council and Stop C4–10–07, Baltimore, MD 21244– Verizon Communications. Request for Nominations 1850, (410) 786–3379. Please refer to the The agenda for the September 18, CMS Advisory Committees Information AGENCY: Centers for Medicare & 2003 meeting will include the Line: (1–877–449–5659 toll free)/(410– Medicaid Services (CMS), HHS. following: 786–9379 local) or the Internet at http:/ • Recap of the previous (May 21, ACTION: Notice. /www.cms.hhs.gov/faca/ppac/ 2003) meeting. SUMMARY: In accordance with section default.asp for additional information • Centers for Medicare & Medicaid 10(a) of the Federal Advisory Committee and updates on committee activities. Services Update and Center for Act, this notice announces a meeting of News media representatives should Beneficiary Choices Update. contact the CMS Press Office, (202) 690– • the Practicing Physicians Advisory CMS Demonstrations. 6145. • Medicare Reform Update. Council (the Council) and invites all • Research and Evaluation: Sharing organizations representing physicians to SUPPLEMENTARY INFORMATION: The Research with Stakeholders. submit nominees for membership on the Secretary of the Department of Health • Public Comment. Council. There will be several vacancies and Human Services (the Secretary) is • Listening Session with CMS on the Council as of February 28, 2004. mandated by section 1868 of the Social Leadership. The Council will be meeting to discuss Security Act (the Act) to appoint a • Next Steps. certain proposed changes in regulations Practicing Physicians Advisory Council Individuals or organizations that wish and carrier manual instructions related (the Council) based on nominations to make a 5-minute oral presentation on to physicians’ services, as identified by submitted by medical organizations an agenda topic should submit a written the Secretary of the Department of representing physicians. The Council copy of the oral presentation to Lynne Health and Human Services (the meets quarterly to discuss certain Johnson, Health Insurance Specialist, Secretary). These meetings are open to proposed changes in regulations and Division of Partnership Development, the public. carrier manual instructions related to Center for Beneficiary Choices, Centers Meeting Registration: Persons wishing physicians’ services, as identified by the for Medicare & Medicaid Services, 7500 to attend this meeting must register for Secretary. To the extent feasible and Security Boulevard, Mail stop S2–23– the meeting at least 72 hours in advance consistent with statutory deadlines, the 05, Baltimore, MD 21244–1850 or by e- by contacting one of the Designated consultation must occur before mail at [email protected] no later Federal Officials (DFO): Diana publication of the proposed changes. than 12 noon, e.d.t., September 11, Motsiopoulos, by e-mail at The Council submits an annual report 2003. The number of oral presentations [email protected], or by on its recommendations to the Secretary may be limited by the time available. telephone at (410) 786–3379; or Keri and the Administrator of the Centers for

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Medicare & Medicaid Services not later Individual physicians or medical appropriate balance of the Council’s than December 31 of each year. organizations that represent physicians membership. The Council consists of 15 physicians, wishing to make 5-minute oral Authority: (Sec. 1868 of the Social Security each of whom has submitted at least 250 presentations on agenda issues should Act (42 U.S.C. 1395ee) and sec. 10(a) of Pub. claims for physicians’ services under contact one of the Designated Federal L. 92–463 (5 U.S.C. App. 2, sects. 10(a) and Medicare in the previous year. Members Officials by 12 noon, Friday, September 14). of the Council include both 5, 2003, to be scheduled. Testimony is (Catalog of Federal Domestic Assistance participating and nonparticipating limited to agenda topics. The number of Program No. 93.773, Medicare—Hospital physicians, and physicians practicing in oral presentations may be limited by the Insurance; and Program No. 93.774, rural and underserved urban areas. At time available. A written copy of the Medicare—Supplementary Medical least 11 members of the Council must be presenter’s oral remarks should be Insurance Program) physicians described in section submitted to Diana Motsiopoulos at Dated: August 7, 2003. 1861(r)(1) of the Act; that is, State- [email protected] no later Thomas A. Scully, licensed doctors of medicine or than 12 noon, September 5, 2003, for Administrator, Centers for Medicare & osteopathy. The remaining 4 members distribution to Council members for Medicaid Services. may include dentists, podiatrists, review before the meeting. Physicians [FR Doc. 03–21442 Filed 8–21–03; 8:45 am] optometrists, and chiropractors. and organizations not scheduled to BILLING CODE 4120–01–P Members serve for overlapping 4-year speak may also submit written terms; terms of more than 2 years are comments to the Executive Director and contingent upon the renewal of the Council members. The meeting is open DEPARTMENT OF HEALTH AND Council by appropriate action before its to the public, but attendance is limited HUMAN SERVICES termination. Section 1868(a) of the Act to the space available. Individuals provides that nominations to the Centers for Medicare and Medicaid requiring sign language interpretation Secretary for Council membership must Services for the hearing impaired or other special be made by medical organizations accommodation should contact Diana representing physicians. Privacy Act of 1974; Report of New The Council held its first meeting on Motsiopoulos at System May 11, 1992. The current members are: [email protected] or (410) AGENCY: Centers for Medicare and James Bergeron, M.D.; Ronald 786–3379 at least 10 days before the meeting. Medicaid Services (CMS), Department Castallanos, M.D.; Rebecca Gaughan, of Health and Human Services (HHS). M.D.; Carlos R. Hamilton, M.D.; Joseph This notice also serves as an Heyman, M.D.; Dennis K. Iglar, M.D.; invitation to all organizations ACTION: Notice of new system of records. Christopher Leggett, M.D.; Joe Johnson, representing physicians to submit SUMMARY: In accordance with the D.O.; Barbara McAneny, M.D.; Angelyn nominees for membership on the requirements of the Privacy Act of 1974, L. Moultrie-Lizana, D.O.; Laura B. Council. Each nomination must state we are proposing to establish a new Powers, M.D.; Michael T. Rapp, M.D.; that the nominee has expressed a system of records. The proposed system Amilu Rothhammer, M.D.; Robert L. willingness to serve as a Council is titled, ‘‘ASPEN Complaints/Incidents Urata, M.D.; and Douglas L. Wood, M.D. member and must be accompanied by a Tracking System (ACTS), HHS/CMS/ Council members will be updated on short resume or description of the CMSO, 09–70–1519.’’ The primary the status of recommendations made nominee’s experience. To permit an purpose of the system of records is to during the past year. evaluation of possible sources of track and process complaints and The agenda will provide for conflicts of interest, potential incidents reported against Medicare/ discussion and comment on the candidates will be asked to provide Medicaid/CLIA providers and suppliers, following topics: detailed information concerning and to maintain information on • Physician’s Regulatory Issues Team financial holdings, consultant positions, laboratory directors and owners. ACTS (PRIT) update. research grants, and contracts. Section is a windows-based, program designed • Physicians Group Practice 1868(b) of the Act provides that the to track and process complaints and Demonstrations and proposals for future Council meet quarterly to discuss incidents reported against health care demonstrations. • certain proposed changes in regulations facilities regulated by the Centers for Lowering Medicare Costs: Regions and manual issuances that relate to or Beneficiaries? Medicare and Medicaid Services (CMS). • physicians’ services, identified by the It is designed to manage all operations Provider Enrollment. Secretary. Council members are • Authority for Policies on Coverage associated with complaint/incident expected to participate in all meetings. Procedures and Devices Results in tracking and processing, from initial Section 1868(c) of the Act provides for Inequities. intake and investigation through the • Practice Patterns for Physicians. payment of expenses and a per diem final disposition. ACTS allows CMS to • Doctors’ Office Quality Update. allowance for Council members at a rate track complaints/incidents, allegations, • Overview Prescription Drug Benefit. equal to payment provided members of investigations, disposition and certain • Health Insurance Portability and other advisory committees. In addition information for CLIA laboratories. Accountability Act. to making these payments, the Information retrieved from this • Limited English Proficiency Department of Health and Human system of records will also be used to Requirement. Services/Centers for Medicare & aid in the administration of the survey • Revisions to the Average Wholesale Medicaid Services provides and certification of Medicare/Medicaid/ Price Methodology Regulation. management and support services to the CLIA providers and suppliers; support For additional information and Council. The Secretary will appoint new agencies of the State governments to clarification on the topics listed, call the members to the Council from among determine, evaluate and assess overall contact person in the FOR FURTHER those candidates determined to have the effectiveness and quality of provider/ INFORMATION CONTACT section of this expertise required to meet specific supplier services provided in the State; notice. agency needs and in a manner to ensure aid in the administration of Federal and

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State programs within the State; support a safe environment. Several reports in facilities, hospitals, home health constituent requests made to a recent years have highlighted this need. agencies, end-stage renal disease Congressional representative, support In March 1999, the General Accounting facilities, hospices, rural health clinics, litigation involving the agency, and Office (GAO) issued a report entitled, comprehensive outpatient rehabilitation facilitate research on the quality and ‘‘Complaint Investigation Processes facilities, outpatient physical therapy effectiveness of care provided. We have Often Inadequate to Protect Residents.’’ services, community mental health provided background information about GAO assessed the effectiveness of State centers, federally qualified health the proposed system in the complaint investigation practices and centers, ambulatory surgical centers, SUPPLEMENTARY INFORMATION section the role of CMS in establishing portable X-Ray facilities, intermediate below. Although the Privacy Act standards and conducting oversight. care facilities for persons with mental requires only that the ‘‘routine use’’ The GAO recommended stronger retardation, and CLIA laboratories. Data portion of the system be published for requirements, increased federal in ACTS is collected and entered by the comment, CMS invites comments on all monitoring and improved tracking of State Survey Agencies and CMS portions of this notice. See EFFECTIVE findings for complaints. In addition, in Regional Offices. 1999, the Office of the Inspector General DATES section for comment period. C. Statutory and Regulatory Basis for (OIG) issued a report entitled ‘‘The EFFECTIVE DATES: CMS filed a new System of Records system report with the Chair of the External Review of Hospital Quality.’’ House Committee on Government OIG recommended that CMS hold Section 1864 of the Social Security Reform and Oversight, the Chair of the accreditation agencies and State Act (the Act) states the Secretary may Senate Committee on Governmental agencies more fully accountable for use State agencies to determine compliance by providers of services Affairs, and the Administrator, Office of their performance in reviewing with the conditions of participation. Information and Regulatory Affairs, hospitals. One of the areas that OIG Under section 1864(a) the Act, the Office of Management and Budget made specific recommendations about Secretary uses the help of State health (OMB) on August 8, 2003. was the handling of complaints. ACTS is part of CMS’’ response to these agencies, or other appropriate agencies, ADDRESSES: The public should address recommendations. when determining whether health care comments to: Director, Division of The ACTS responds to the concerns entities meet Federal Medicare Privacy Compliance Data Development and problems found by the GAO, OIG standards. Also, section 1902(a)(9)(A) of (DPCDD), CMS, Room N2–04–27, 7500 and CMS’’ own needs. The ability to the Act requires that a State use this Security Boulevard, Baltimore, capture data that are useful, analyze same agency to set and maintain Maryland 21244–1850. Comments data in a meaningful way, and use the additional standards for the State received will be available for review at products of the analysis to make Medicaid program. Section this location, by appointment, during refinements and improvements is 1902(a)(33)(B) requires that the State use regular business hours, Monday through critical to continuous quality the agency utilized for Medicare or, if Friday from 9 a.m.–3 p.m., eastern time improvement. Before ACTS, complaint such agency is not the State agency zone. data was maintained in the OSCAR responsible for licensing health FOR FURTHER INFORMATION CONTACT: Complaint System. The OSCAR institutions, the State use the agency Wayne Smith, Finance, Systems and Complaint System collected a minimal responsible for such licensing to Budget Group, Center for Medicaid and amount of data that was the result of an determine whether institutions meet all State Operations, Centers for Medicare onsite survey. The data in ACTS is applicable Federal health standards for and Medicaid Services, 7500 Security much more comprehensive than data Medicaid participation, subject to Boulevard, Room S3–18–11, Baltimore, that was maintained in the OSCAR validation by the Secretary. The State Maryland 21244–1850, Telephone Complaint System. ACTS automates survey agencies perform both Federal Number: (410) 786–3258. complaint management operations. certification and State licensure Steven Pelovitz, Survey and ACTS is a windows-based, client-server functions, including the investigation of Certification Group, Center for Medicaid application that tracks, processes, and complaints and entity-reported and State Operations, Centers for reports on complaints/incidents made incidents. Sections 1819(d) and 1919(d) Medicare and Medicaid Services, 7500 against certified health care providers of the Act require licensure under Security Boulevard, Room S2–12–25, and suppliers. It is designed to manage applicable State and local laws. Baltimore, Maryland 21244–1850, all operations associated with Sections 1864 (c) and 1865 of the Act Telephone Number: (410) 786–3160. complaints/incidents processing, from provides the basis for conducting SUPPLEMENTARY INFORMATION: initial intake and investigation through complaint surveys of accredited final disposition. It is fully integrated hospitals and establishes the basic I. Description of the Proposed System of framework of complaint surveys for Records into the ASPEN standard system architecture. Specific fields are virtually all other accredited providers A. Glossary of Terms configurable by individual states to and suppliers. Regulations authorizing ACTS—ASPEN Complaints/Incidents accommodate a variety of operations such surveys are found in 42 CFR Tracking System. environments. 488.7(a)(2). 42 CFR 488.332 authorizes ASPEN—Automated Survey ACTS is a national tracking system investigation of complaints of violations Processing Environment. used by all States. It permits the and monitoring of compliance. 42 CFR CLIA—Clinical Laboratory collection procedures for complaints to 488.335 authorizes actions on Improvement Amendments of 1988. be timely, consistent and complete. complaints of resident neglect and OSCAR—Online Survey Certification ACTS will eliminate redundant data abuse, and misappropriation of resident and Reporting System. collection systems, and it takes property for nursing homes. 42 CFR advantage of new technology and open 482.13(f) requires a hospital to report B. Background systems architecture. ACTS will be used any death that occurs while a patient is The implementation of ACTS is for all certified providers and suppliers. restrained or in seclusion for behavior critical to CMS’s mission of assuring These providers and suppliers include: management, or where it is reasonable that beneficiaries receive quality care in Skilled nursing facilities, nursing to assume that a patient’s death is a

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result of restraint or seclusion. 42 CFR Survey Team information includes: different views, reports and statistics. 483.13 also requires nursing homes to Name, title, and surveyor identification Federal and State licensure data are ensure that all alleged violations number. Contact/Witnesses, Resident/ stored in the same tables in the involving mistreatment, neglect, abuse, Patient and Alleged Perpetrator are not database. However, Federal and State including injuries of unknown source, mandatory fields in the ACTS database. licensure data is easily discernable and and misappropriation of resident These are optional data fields. ACTS separate. For reporting purposes, ACTS property are reported immediately to will also maintain information for CLIA allows users to exclude complaint and the administrator of the facility and to laboratories. Identifiable information for incidents against state licensure only other officials in accordance with State CLIA laboratories includes: Laboratory facilities using Facility Type filters. law through established procedures, director’s name, laboratory owner’s Report customization features in ACTS including to the State survey and name and Federal Tax Identification also allow users to include or exclude certification agency. Section 353 of the Number. complaints or incidents that contain Public Health Service Act (42 U.S.C. ACTS will maintain Federal only State-licensure elements. 263a) authorizes collection of complaint information, as well as state B. Agency Policies, Procedures, and information from any person or entity licensure complaint information. State Restrictions on the Routine Use seeking certification under CLIA. licensure information is both relevant The Privacy Act of 1974 requires and necessary to meet CMS’ purposes. The Privacy Act permits us to disclose Federal agencies to implement and Under section 1864(a) of the Social information without an individual’s publish procedures for the collection, Security Act (the Act), the Secretary consent if the information is to be used maintenance, and storage of personal uses the help of State health agencies, for a purpose, which is compatible with information. It requires that the or other appropriate agencies, when the purpose(s) for which the information be gathered only for lawful determining whether health care entities information was collected. Any such purposes and that the disclosure of meet Federal Medicare standards. Also, disclosure of data is known as a personally identifiable records must be section 1902(a)(9)(A) of the Act requires ‘‘routine use.’’ CMS has the following limited and safeguarded. The Privacy that a State use this same agency to set policies, procedures and restrictions on Act allows disclosure of an individual’s and maintain additional standards for routine use disclosures of information data without consent, given that the the State Medicaid program. Section that will be maintained in the system. data will be used for a purpose that is 1902(a)(33)(B) requires that the State use In general, disclosure of information compatible with the purpose for which the agency utilized for Medicare or, if from the system of records will be the information was collected. such agency is not the State agency approved only for the minimum responsible for licensing health information necessary to accomplish the II. Collection and Maintenance of Data institutions, the State use the agency purpose of the disclosure after CMS: in the System responsible for such licensing to (a) Determines that the use or A. Scope of the Data Collected determine whether institutions meet all disclosure is consistent with the reason applicable Federal health standards for that the data is being collected, e.g., ACTS tracks allegations of complaints Medicaid participation, subject to made against providers and suppliers. track and process complaints and validation by the Secretary. The State incidents reported against Medicare/ ACTS includes demographic data for survey agencies perform both Federal identification of providers/suppliers, Medicaid/CLIA providers and suppliers, certification and State licensure and to maintain information on such as the Medicare identification functions, including the investigation of number, name of the facility, address, laboratory directors and owners. complaints and entity-reported (b) Determines: city, state and ZIP code. ACTS contains incidents. In fact, sections 1819(d) and (1) That the purpose for which the data for identification of complainants, 1919(d) of the Act require licensure disclosure is to be made can only be residents/patients, contacts/witnesses, under applicable State and local laws. accomplished if the record is provided alleged perpetrators, survey team In order to encourage efficiency in State in individually identifiable form; members, laboratory directors, and operations, ACTS permits collection of (2) That the purpose for which the laboratory owners. Complainant Federal and State information, so that disclosure is to be made is of sufficient information includes: Name, title, the States may maintain only one importance to warrant the effect and/or address, city, state, ZIP code, telephone database, instead of multiple systems. risk on the privacy of the individual that numbers, e-mail address, and CMS does seek to eliminate duplicative additional exposure of the record might relationship to beneficiary, if applicable. processes and unnecessary burden, to bring; and Contacts/Witnesses information the extent possible, so that the States (3) That there is a strong probability includes: Name, title, address, city, can achieve more effective management that the proposed use of the data would state, ZIP code, telephone numbers, fax, of their certification and licensure in fact accomplish the stated purpose(s). and a field to indicate if the individual responsibilities. (c) Requires the information recipient is a possible witness. Resident/patient There are mechanisms in ACTS that to: information includes: Name, title, date allow users to distinguish between (1) Establish administrative, technical, of birth, gender, date admitted, date information that is collected for the and physical safeguards to prevent discharged, location, and room. ACTS purpose of meeting the 1864 Agreement unauthorized use of disclosure of the also contains information related to any from information that is collected for record; resident/patient deaths that are State licensure purposes. ACTS (2) Remove or destroy at the earliest associated with the use of restraints or supports the entry of both Federal and time all patient-identifiable information; seclusion. This information includes: State licensure information, thus and Name, death type (restraint or seclusion) reflecting the actual business practices (3) Agree not to use or disclose the and date of death. Alleged Perpetrator of State agencies as they track information for any purpose other than information includes: Name, title, complaints and incidents. In many the stated purpose under which the address, city, state, ZIP code, telephone areas, ACTS allows entry of both types information was disclosed. numbers, license number, social of information while still maintaining (d) Determines that the data are valid security number and Alias name, if any. discrete records to support separate and and reliable.

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(e) Secure a written statement or We contemplate disclosing patients within the State, or are legal agreement from the prospective information under this routine use only residents of the State, regardless of the recipient if the information whereby the in situations in which CMS may enter location of the facility in which the prospective recipient attests to an into a contract or similar agreement patient is receiving services. understanding of, and willingness to with a third party to assist in 6. To a Federal or State agency (e.g., abide by, the foregoing provisions and accomplishing CMS functions relating State Medicaid agencies) to contribute any additional provisions that CMS to purposes for this system of records. to the accuracy of CMS’s health deems appropriate in the particular CMS occasionally contracts out certain insurance operations (payment, circumstance. of its functions when doing so would treatment and coverage) and/or to contribute to effective and efficient support State agencies in the evaluation III. Proposed Routine Use Disclosures operations. CMS must be able to give a and monitoring of care. Data may be of Data in the System contractor whatever information is released to State agencies such as State A. Entities Who May Receive Disclosure necessary for the contractor to fulfill its Ombudsmen, State Licensing Boards, Under Routine Use duties. In these situations, safeguards and Adult Protective Services. are provided in the contract prohibiting Other Federal or State agencies in The routine use disclosures of the contractor from using or disclosing their administration of a Federal health identifiable data for ACTS may occur to the information for any purpose other program may require ACTS information the following categories of entities. In than that described in the contract and in order to support evaluations and addition, our policy will be to prohibit requires the contractor to return or monitoring of Medicare claims release even of non-identifiable data destroy all information at the information of beneficiaries. Releases of beyond the listed categories, if there is completion of the contract. information would be allowed if the a possibility that an individual can be 3. To a CMS contractor (including, but proposed use(s) for the information identified through implicit deduction not limited to fiscal intermediaries and proved compatible with the purpose for based on small cell sizes. carriers) that assists in the which CMS collects the information. 1. To the Department of Justice (DOJ), administration of a CMS administered 7. To another Federal agency (e.g., court or adjudicatory body when health benefits program, or to a grantee Office of the Inspector General, General (a) The agency or any component of a CMS administered grant program, Accounting Office) or to an thereof; or when disclosure is deemed reasonably instrumentality of any governmental (b) Any employee of the agency in his necessary by CMS to prevent, deter, jurisdiction within or under the control or her official capacity; or discover, detect, investigate, examine, of the United States (including any State (c) Any employee of the agency in his prosecute, sue with respect to, defend or local governmental agency), that or her individual capacity whether the against, correct, remedy, or otherwise administers, or that has the authority to DOJ has agreed to represent the combat fraud or abuse in such program. investigate potential fraud or abuse in, employee; or We contemplate disclosing a health benefits program funded in (d) The United States Government information under this routine use only whole or in part by Federal funds, when is a party to litigation or has an interest in situations in which CMS may enter disclosure is deemed reasonably in such litigation, and by careful review, into a contract or similar agreement necessary by CMS to prevent, deter, CMS determines that the records are with a third party to assist in discover, detect, investigate, examine, both relevant and necessary to the accomplishing CMS functions relating prosecute, sue with respect to, defend litigation and the use of such records by to purposes for this system of records. against, correct, remedy, or otherwise the DOJ, court or adjudicatory body is 4. To a Quality Improvement combat fraud or abuse in such programs. therefore deemed by the agency to be for Organization (QIO) in order to assist the Other agencies (e.g., Medicaid Fraud a purpose that is compatible with the QIO to perform Title XI and Title XVIII Control Units) may require ACTS purpose for which the agency collected functions relating to assessing and information for combating fraud and the records. improving quality of care. QIO’s work to abuse in such federally funded Whenever CMS is involved in implement quality improvement programs. Releases of information litigation, and occasionally when programs; provide consultation to CMS, would be allowed if the proposed use(s) another party is involved in litigation its contractors, and to State agencies. for the information proved compatible and CMS’ policies or operations could The QIO’s provide a supportive role to with the purposes of collecting the be affected by the outcome of the health care facilities in their endeavors information. litigation, CMS would be able to to comply with Medicare Conditions of 8. To an individual or organization for disclose information to the DOJ, court or Participation; assist State agencies in research, evaluation, or epidemiological adjudicatory body involved. A related monitoring and enforcement project related to the prevention of determination would be made in each efforts; assist CMS in program integrity disease or disability, or the restoration instance that, under the circumstances assessment; and prepare summary or maintenance of health, and for involved, the purposes served by the information about the nation’s health payment related projects. use of the information in the particular care for release to beneficiaries. CMS anticipates that many litigation is compatible with a purpose 5. To the agency of a State researchers will have legitimate requests for which CMS collects the information. Government, or established by State to use these data in projects that could 2. To agency contractors, or law, for purposes of determining, ultimately improve the care provided to consultants who have been engaged by evaluating and/or assessing overall or Medicare and Medicaid patients and the the agency to assist in the performance aggregate cost, effectiveness, and/or the policy that governs the care. CMS of a service related to this system of quality of services provided in the State; understands the concerns about the records and who need to have access to for developing and operating Medicaid privacy and confidentiality of the the records in order to perform the reimbursement systems; or for the release of data for a research use. activity. Recipients shall be required to purpose of administration of Federal/ Disclosure of ACTS data for research comply with the requirements of the State program within the State. Data and evaluation purposes will usually Privacy Act of 1974, as amended, will be released to the State only on involve aggregate data rather than pursuant to 5 U.S.C. 52a(m). those individuals who are either individual-specific data.

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9. To a member of Congress or to a if, and as, permitted or required by the and has database administration congressional staff member in response ‘‘Standards for Privacy of Individually privileges to these objects; to an inquiry of the Congressional Office Identifiable Health Information.’’ • Quality Control Administrator class made at the written request of the has read and write access to key fields IV. Safeguards constituent about whom the record is in the database; maintained. The ACTS system conforms to • ASPEN User class provides read Beneficiaries, as well as other applicable laws and policy governing and write access to tables and fields, individuals, may request the help of a the privacy and security of Federal which are required to support member of Congress in resolving an automated information systems. These complaint, survey and related activities. • issue relating to a matter before CMS. include but are not limited to: the Quality Indicator Report Generator The member of Congress then writes Privacy Act of 1974, Computer Security class has read-only access to all fields CMS, and CMS must be able to give and tables; Act of 1987, the Paperwork Reduction • sufficient information to be responsive Act of 1995, the Clinger-Cohen Act of Policy Research class has query to the inquiry. 1996, and OMB Circular A–130, access to tables, but are not allowed to 10. To a national accreditation Appendix III, ‘‘Security of Federal access confidential patient organization that has been granted Automated Information Resources’’. identification information. ACTS Application-Level Protections: deeming authority by CMS for the CMS has prepared a comprehensive All ASPEN applications, including purpose of improving the quality of care System Security Plan as required by ACTS, provide user login/password provided through the provision of OMB Circular A–130, Appendix III. authentication, which is tied directly to health care accreditation and related This plan conforms to guidance issued each State’s internal network user login services that support performance by the National Institute for Standards process. Internal application access improvement and monitors the quality and Technology (NIST) in NIST Special controls, which secure system functions of deemed providers/suppliers through Publication 800–18, ‘‘Guide for to pre-approved user groups, are also a the investigation of complaints (e.g., Developing Security Plans for key safeguard controlling user access to JCAHO, AOA, AAAASF, AAAHC, Information Technology Systems.’’ functions and data. ACTS application AABB, ASHI, CAP, CARF, CHAP, Paragraphs A–C of this section highlight and related database safeguards include: COLA). some of the specific methods that CMS 11. To a Protection and Advocacy • Application login: All ASPEN users is using to ensure the security of this must be authenticated to their State or Group that provides legal representation system and the information within it. and other advocacy services for the CMS regional office network as a pre- purposes of monitoring, investigating A. Authorized Users and Access Control requisite for starting an ASPEN application. This is enforced internally and attempting to remedy adverse Personnel having access to the system conditions, and for responding to by the ASPEN application. Thus, only have been trained in Privacy Act and known, pre-authenticated users may allegations of abuse, neglect and system security requirements. violations of the rights of persons with start an ASPEN application. Employees and contractors who • Application access control: Once disabilities. maintain records in the system are 12. To another agency or to an authenticated, ASPEN users may only instructed not to release any data until instrumentality of any governmental view information and perform tasks the intended recipient agrees to jurisdiction within or under the control according to pre-assigned security and implement appropriate administrative, of the United States (including any State access control profiles determined by technical, procedural, and physical or local law enforcement agencies) for a the system administrator. Security safeguards sufficient to protect the civil or criminal law enforcement profiles may be assigned down to the confidentiality of the data and to activity (e.g., police, FBI, State Attorney level of individual menu functions, prevent unauthorized access to the data. General’s office). action buttons and form displays. This In addition, CMS monitors authorized means ASPEN allows State and CMS RO B. Additional Provisions Affecting users to ensure against excessive or administrators to finely tune which Routine Use Disclosures unauthorized use. Records are used in a users may view certain information and In addition, CMS policy will be to designated work area and system perform specific tasks within the system prohibit release even of non-identifiable location is attended at all times during (such as adding or modifying complaint data, except pursuant to one of the working hours. information). Thus, while a complaint routine uses, if there is a possibility that To ensure security of the data, investigator may be able to update an individual can be identified through authentication and access control findings for a specific complaint, they implicit deduction based on small cell profiles are maintained within both the may be prohibited through their security sizes (instances where the patient database and the ACTS application profile from removing complaints from population is so small that individuals system used to view information in the the system. who are familiar with the enrollees database. Within the database access, • Provider Type Access Control: In could, because of the small size, use this control is implemented by assigning the addition to the data and access control information to deduce the identity of proper access profile for each individual security just described, ASPEN allows the beneficiary). user as determined at the State agency administrators to specify user access to This System of Records contains level. This prevents unauthorized users information based on provider category. Protected Health Information as defined from accessing and modifying critical For example, while an investigator may by the Department of Health and Human data using other system tools not have a security profile that enables the Services’ regulation ‘‘Standards for provided by CMS. investigator to add findings to a Privacy of Individually Identifiable Database-level Protections: The State complaint, the system administrator Health Information’’ (45 CFR parts 160 database upon which ACTS operates may limit this user to specific categories and 164, 65 FR 82462 (12–28–00), includes five classes of database users: of providers/suppliers, such as nursing subparts A and E. Disclosures of • Database Administrator class owns homes—thus, preventing the user from Protected Health Information authorized the database objects; e.g., tables, triggers, changing findings of complaints for by these routine uses may only be made indexes, stored procedures, packages other types of providers/suppliers. An

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ASPEN user must have both a security Primary Domain Controller/Backup within the CMS network. CMS profile that allows a specific function to Domain Controller of the log-on domain. contractors set up and manage the be performed, and be assigned to • Workstation Names—Workstation routers. Using CMS specifications, they appropriate Provider Type access before naming conventions may be defined and have installed the allowed IP’s to the a specific system action may be taken implemented at the State agency level. router tables. If an unauthorized IP tries against a provider/supplier type. • Hours of Operation—May be to access the CMS data, the firewall • Secondary Database Access restricted by Windows 2000. When (router) will pass the request away from Control: Since ASPEN provides an activated all applicable processes will its intended destination. That is, if the Application-centric security model, it is automatically shut down at a specific firewall does not match the IP of the not necessary to assign each ASPEN time and not be permitted to resume request to an allowed IP in its table, the user an individual Oracle user name, until the predetermined time. The request will not be fulfilled. CMS password and Oracle profile. Instead, all appropriate hours of operation are contractors monitor the firewalls and ASPEN users share a single Oracle login determined and implemented at the review them for anomalies that could State agency level. represent a hacking attempt or a whose password is known only by CMS. • This protects against a significant threat Inactivity Log-out—Access to the hardware problem. 2000 workstation is automatically to data integrity: access to the Oracle C. Procedural Safeguards database using non-ASPEN system logged out after a specified period of tools; thus, preventing accidental or inactivity. All automated systems must comply • Warnings—Legal notices and malicious bypassing of the ASPEN with Federal and State laws, guidance, security warnings display on all servers security controls through third-party and policies for information systems and workstations. system tools which may be capable of security, as stated previously in this There are several levels of security section. Each State must ensure a level connecting to Oracle databases. ACTS found in the overall ASPEN system. users may only access ASPEN data via of security commensurate with the level Windows 2000 servers provide much of of sensitivity of the data, risk, and the security-controlled environment of the overall system security. The magnitude of the harm that may result the ACTS application. Windows 2000 security model is from the loss, misuse, disclosure, or • Audit trail: ACTS maintains an designed to meet the C2-level criteria as modification of the information audit trail for key information elements defined by the U.S. Department of contained in the system. in the database. Any changes made to Defense’s Trusted Computer System these elements via the ACTS system are Evaluation Criteria document (DoD V. Effects of the Proposed System of logged. The log includes information on 5200.28–STD, December 1985). Other Records on Individual Rights which element was changed, who non-ACTS CMS functions are supported CMS proposes to establish this system changed it, the time of change and prior on the same Windows 2000/Oracle in accordance with the principles and and current values for the element. servers as ACTS—such as MDS requirements of the Privacy Act and will B. Physical Safeguards submission from facilities. Such collect, use, and disseminate operations are performed via separate information only as prescribed therein. All server sites have implemented the Netscape Enterprise Server, which Data in this system will be subject to the following minimum requirements to provides an additional layer of user authorized releases in accordance with assist in reducing the exposure of authentication, security and access the routine uses identified in this computer equipment and thus achieve control. In this case, Netscape controls system of records. CMS and the State an optimum level of protection and all CMS information access requests. Survey Agencies will monitor the security for the ACTS system: Anti-virus system is applied at both the collection and reporting of ACTS data. Access to all servers is controlled, system administration workstation and CMS and the State Survey Agencies with access limited to only those Windows 2000 server levels. will take precautionary measures to support personnel with a demonstrated Access to different areas on the minimize the risks of unauthorized need for access. Servers are to be kept Windows NT server is maintained access to the records and the potential in a locked room accessible only by through the use of file, directory and harm to individual privacy or other specified management and system share level permissions. These different personal or property rights of support personnel. Each server requires levels of access control provide security individuals whose data are maintained a specific log-on process. All entrance that is managed at the user and group in the system. CMS will collect only doors are identified and marked. A log level within the Windows 2000 server that information necessary to perform is kept of all personnel who were issued domain. The file and directory level the system’s functions. a security card, key and/or combination access controls rely on the presence of To ensure data that resides in a CMS that grants access to the room housing a Windows NT File System (NTFS) hard Privacy Act System of Records; to the server, and all visitors are escorted drive partition. This provides the most ensure the integrity, security, and while in this room. All servers are robust security and is tied directly to the confidentiality of information housed in an area where appropriate file system. Windows 2000 security is maintained by CMS; and to permit environmental security controls are applied at both the workstation and appropriate disclosure and use of such implemented, which include measures Windows 2000 server levels. data as permitted by law, CMS and the implemented to mitigate damage to Firewalls have been installed on each non-CMS recipient of the data, hereafter Automated Information Systems State server. Appendix A lists the termed ‘‘User,’’ enter into an agreement resources caused by fire, electricity, location of each State server. A firewall to comply with the following specific water and inadequate climate controls. is a security feature that does not allow requirements. The agreement addresses Protection applied to the system unwanted or unsolicited network traffic the conditions under which CMS will administration workstations and the to flow to certain parts of the system. A disclose and the user will obtain and Windows 2000 servers, which house the Cisco 3640 router is installed at each use the information contained in the ACTS Oracle database, include: state. These routers have been system of records. The parties mutually • User Log-ons—Authentication is programmed to allow the state IP agree that CMS retains ownership rights performed by the Windows 2000 addresses to access certain locations to the data and that the user does not

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obtain any right, title, or interest in any Dated: August 8, 2003. information and information that is of the data furnished by CMS. The user Thomas A. Scully, collected for State licensure purposes. represents and warrants further that the Administrator, Centers for Medicare & ACTS supports the entry of both Federal facts and statements made in any study Medicaid Services. and state licensure information, thus or research protocol or project plan reflecting the actual business practices submitted to CMS for each purpose are System No. 09–70–1519 of state agencies as they track complete and accurate. The user shall SYSTEM NAME: complaints and incidents. In many not disclose, release, reveal, show, sell, ASPEN Complaints/Incidents areas, ACTS allows entry of both types rent, lease, loan, or otherwise grant Tracking System (ACTS). of information while still maintaining access to the data disclosed from the discrete records to support separate and system of records to any person. The SECURITY CLASSIFICATION: different views, reports and statistics. user agrees that access to the data shall Level Three Privacy Act Sensitive AUTHORITY FOR MAINTENANCE OF THE SYSTEM: be limited to the minimum number of Data. individuals necessary to achieve the Sections 11819(d), 1864, 1865, purpose stated in the protocol and to SYSTEM LOCATION: 1902(a)(9)(A), 1902(a)(33)(B), and those individuals on a need to know CMS Data Center, 7500 Security 1919(d) of the Social Security Act. basis only. If CMS determines or has Boulevard, North Building, First Floor, Section 353 of the Public Health Service reasonable belief that the user has made Baltimore, Maryland 21244–1850. Act (42 U.S.C. 263a), 42 CFR 482.13(f), an unauthorized disclosure of the data, Federal Servers are located at each State 42 CFR 483.13, 42 CFR 488.7(a)(2), 42 CMS in its sole discretion may require agency. Appendix A lists the location of CFR 488.332, and 42 CFR 488.335. the user to: (a) Promptly investigate and each State server. report to CMS any alleged or actual PURPOSE(S): unauthorized disclosures; (b) promptly CATEGORIES OF INDIVIDUALS COVERED BY THE The primary purpose of the system of SYSTEM: resolve any problems identified by the records is to track and process investigation; (c) submit a formal Identifiable information will be complaints and incidents reported response to any allegation of retained in the system of records for against Medicare/Medicaid/CLIA unauthorized disclosures; (d) submit a individuals who are complainants, providers and suppliers, and to corrective action plan with steps to residents/clients, contacts/witnesses, maintain information on laboratory prevent any future unauthorized alleged perpetrators, survey team directors and owners. disclosures; and (e) return data files to members, laboratory directors, and ACTS provides access to survey and CMS. If CMS determines or has laboratory owners. provider/supplier information for data- driven analysis and evaluation. This reasonable belief that unauthorized CATEGORIES OF RECORDS IN THE SYSTEM: disclosures have taken place, CMS may system will improve CMS’s ability to ACTS contains information related to refuse to release further CMS data to the monitor the performance of State Survey user for a period to be determined by allegations of complaints and incidents Agencies including analyzing program CMS. filed against Medicare, Medicaid or variations and more effectively The Privacy Act provides criminal CLIA certified providers or suppliers. managing program costs. Information penalties for certain violations. The Act The system contains demographic and retrieved from this system of records provides that ‘‘Any officer or employee identifying data, as well as survey and will be used to aid in the administration of an agency, who by virtue of his (or deficiency data. Identifying data of the survey and certification of her) employment or official position, includes: Names, title, address, city, Medicare/Medicaid/CLIA providers and has possession of, or access to agency state, ZIP code, e-mail address, suppliers; support agencies of the State records which contain individually telephone numbers, fax number, governments to determine, evaluate and identifiable information the disclosure licensure number, social security assess overall effectiveness and quality of which is prohibited by this section or number, Federal tax identification of provider/supplier services provided by rules or regulations established there number, alias names, date of birth, in the State; aid in the administration of under, and who knowing that disclosure gender, date admitted and/or date Federal and State programs within the of the specific materials is so prohibited, discharged. State; support constituent requests made willfully discloses the material in any ACTS maintains Federal complaint to a Congressional representative, manner to a person or agency not information, as well as state licensure support litigation involving the agency, entitled to receive it, shall be guilty of complaint information. State licensure and facilitate research on the quality a misdemeanor and fined not more than information is both relevant and and effectiveness of care provided. $5,000’’ (5 U.S.C. 552a(i)(1)). The Act necessary to meet CMS’’ purposes. CMS also provides that ‘‘Any person who uses the help of State health agencies, ROUTINE USES OF RECORDS MAINTAINED IN THE knowingly and willfully requests or or other appropriate agencies, when SYSTEM, INCLUDING CATEGORIES OR USERS AND obtains any record concerning an determining whether health care entities THE PURPOSES OF SUCH USES: individual from an agency under false meet Federal Medicare standards. The The Privacy Act allows us to disclose pretenses shall be guilty of a State survey agencies perform both information without an individual’s misdemeanor and fined not more than Federal certification and State licensure consent if the information is to be used $5,000’’ (5 U.S.C. 552a(i)(3)). The functions, including the investigation of for a purpose that is compatible with the agency’s contractor and any contractors’ complaints and entity-reported purpose(s) for which the information employees who are covered by 5 U.S.C. incidents. The Social Security Act was collected. We are proposing to 552a(m)(1) are considered employees of requires that providers/suppliers receive establish the following routine use the agency for the purposes of these licensure under applicable State and disclosures of information maintained criminal penalties. local laws. In order to encourage in the system: CMS, therefore, does not anticipate an efficiency in State operations, ACTS 1. To the Department of Justice (DOJ), unfavorable effect on individual privacy permits collection of Federal and State court or adjudicatory body when: as a result of the disclosure of information. ACTS allows users to (a) The agency or any component information relating to individuals. distinguish between Federal thereof; or

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(b) Any employee of the agency in his whole or in part by Federal funds, when owner’s name or federal tax or her official capacity; or disclosure is deemed reasonably identification number. (c) Any employee of the agency in his necessary by CMS to prevent, deter, or her individual capacity when the DOJ discover, detect, investigate, examine, SAFEGUARDS: has agreed to represent the employee; or prosecute, sue with respect to, defend CMS has safeguards for authorized (d) The United States Government; is against, correct, remedy, or otherwise users and monitors such users to ensure a party to litigation or has an interest in combat fraud or abuse in such programs. against excessive or unauthorized use. such litigation, and by careful review, 8. To an individual or organization for Personnel having access to the system CMS determines that the records are research, evaluation, or epidemiological have been trained in the Privacy Act both relevant and necessary to the project related to the prevention of and systems security requirements. litigation and the use of such records by disease or disability, the restoration or Employees who maintain records in the the DOJ, court or adjudicatory body is maintenance of health, or payment system are instructed not to release any therefore deemed by the agency to be for related projects. data until the intended recipient agrees a purpose that is compatible with the 9. To a member of Congress or to a to implement appropriate purpose for which the agency collected congressional staff member in response administrative, technical, procedural, the records. to an inquiry of the Congressional Office and physical safeguards sufficient to 2. To agency contractors, or made at the written request of the protect the confidentiality of the data consultants who have been engaged by constituent about whom the record is and to prevent unauthorized access to the agency to assist in the performance maintained. the data. of a service related to this system of 10. To a national accreditation In addition, CMS has physical records and who need to have access to organization that has been granted safeguards in place to reduce the the records in order to perform the deeming authority by CMS for the exposure of computer equipment and activity. purpose of improving the quality of care thus achieve an optimum level of 3. To a CMS contractor (including, but provided through the provision of protection and security for the ACTS not necessarily limited to fiscal health care accreditation and related system. For computerized records, intermediaries and carriers) that assists services that support performance safeguards have been established in in the administration of a CMS- improvement and monitors the quality accordance with the Department Health administrated health benefits program, of deemed providers/suppliers through and Human Services standards and or to a grantee of a CMS-administered the investigation of complaints. National Institute of Standards and health benefits program, when 11. To a Protection and Advocacy Technology guidelines, e.g., security disclosure is deemed reasonably Group that provides legal representation codes will be used, limiting access to necessary by CMS to prevent, deter, and other advocacy services for the authorized personnel. System securities discover, detect, investigate, examine, purposes of monitoring, investigating are established in accordance with HHS, prosecute, sue with respect to, defend and attempting to remedy adverse Information Resource Management against, correct, remedy, or otherwise conditions, and for responding to Circular #10, Automated Information combat fraud or abuse in such program. allegations of abuse, neglect, and System Security Program; CMS 4. To a Quality Improvement violations of the rights of persons with Automated Information Systems (AIS) Organization (QIO) in order to assist the disabilities. Guide, Systems Securities Policies, and QIO to perform Title XI and Title XVIII 12. To another agency or to an OMB Circular No. A–130 (revised), functions relating to assessing and instrumentality of any governmental Appendix III. improving quality of care. jurisdiction within or under the control 5. To the agency of a State of the United States (including any State RETENTION AND DISPOSAL: Government, or established by State or local law enforcement agencies) for a CMS will retain identifiable ACTS law, for purposes of determining, civil or criminal law enforcement data for a total period not to exceed 15 evaluating and/or assessing overall or activity (e.g., police, FBI, State Attorney years. aggregate cost, effectiveness, and/or the General’s office). quality of services provided in the State; SYSTEM MANAGER(S) AND ADDRESS: for developing and operating Medicaid POLICIES AND PRACTICES FOR STORING, Director, Finance, Systems and reimbursement systems; or for the RETRIEVING, ACCESSING, RETAINING, AND Budget Group, Center for Medicaid and purpose of administration of Federal/ DISPOSING OF RECORDS IN THE SYSTEM: State Operations, Centers for Medicare & State programs within the State. STORAGE: Medicaid Services, 7500 Security 6. To a Federal or State agency (e.g., All records are stored on the magnetic Boulevard, Baltimore, Maryland 21244– State Medicaid agencies) to contribute disk sub-system of the Windows 2000 1850. to the accuracy of CMS’s health server. Furthermore, these records are Director, Survey and Certification insurance operations (payment, saved to magnetic tape backup on a Group, Center for Medicaid and State treatment and coverage) and/or to nightly basis. Operations, Center for Medicaid and support State agencies in the evaluation State Operations, 7500 Security and monitoring of care. RETRIEVABILITY: Boulevard, Baltimore, Maryland 21244– 7. To another Federal agency (e.g., The Medicare, Medicaid, and CLIA 1850. Office of the Inspection General, records are retrieved by name of General Accounting Office, Medicaid provider/supplier, Medicare provider NOTIFICATION PROCEDURE: Fraud Control Unit) or to an number, ACTS Complaint number, State For the purpose of accessing records instrumentality of any governmental assigned Medicaid number, or other based on individual identifiable data, jurisdiction within or under the control CMS assigned numbers, complainant’s the subject individual should write to of the United States (including any State name, resident/patient’s name, contact/ the system manager who will require or local governmental agency) that witnesses name, alleged perpetrator’s the system name, Medicare provider/ administers, or that has the authority to name, survey team member’s name, supplier identification number, investigate potential fraud or abuse in a surveyor identification number, provider/supplier’s name and address, health benefits program funded in laboratory director’s name, laboratory and for verification purposes the subject

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individual’s name, social security Department of Health, Facility Licensing Office of Regulatory Services, Georgia number (SSN) (furnishing the SSN is and Certification Bureau, 2040 South Department of Human Resources, 2 Peachtree voluntary, but it may make searching for Pacheco, Colgate Building 2nd Floor, Santa Street North West, Suite 24, Atlanta, GA a record easier and prevent delay), Fe, NM 87505. 30303–3167. Utah Department of Health, M/M Program Management Information Systems, Agency address, date of birth and sex. Certification, 288 North, 1460 West, Salt Lake for Health Care Administration, 2727 Mahan RECORD ACCESS PROCEDURE: City, UT 84114–2905. Dr, Fort Knox, Bldg 3, Room 100, MS9a, Department of Public Health and Human Tallahassee, FL 32308–5403. For accessing records based on Services, Senior and Long Term Care Illinois Department of Public Aid, Division individual identifiable data, use the Division, 111 Sanders Avenue, Suite 210, of Medical Programs, 201 South Grand same procedures outlined in P.O. Box 4210, Helena, MT 59601. Avenue, East, Prescott Bloom Bldg. 2nd floor, Notification Procedures above. Division of Medicaid, Bureau of Facility Springfield, IL 62763. Requestors should also reasonably Standards, Myers & Stauffer, 8555 West Indiana State Department of Health, 2 specify the record contents being Hackamore Dr., Suite 100, Boise, ID 83709– North Meridian Street, Indianapolis, IN sought. (These procedures are in 1665. 46204. accordance with Department regulation Rhode Island Department of Health, Three Cabinet for Health Services Office of Capitol Hill, Cannon Building, Room 306, Inspector General, 275 East Main Street 5E– 45 CFR 5b.5(a)(2).) Providence, RI 02908–5097. A, Frankfurt, KY 40621. CONTESTING RECORD PROCEDURES: State of Connecticut, Department of Public Tennessee Department of Health, Division Health, 410 Capitol Avenue MS#13DPR, P.O. of Health Care Facilities, 426 5th Avenue, The subject individual should contact Box 340308, Hartford, CT 06134–0308. North, Cordell Hull Building, 1st Floor, the system manager named above, and Minnesota Department of Health, F&PC Nashville, TN 37247–0508. reasonably identify the record and Division, 85 East 7th Place-Suite 300, P.O. Massachusetts Department of Public specify the information to be contested. Box 64900, St. Paul, MN 55101. Health, Division of Health Care Quality, 10 State the corrective action sought and Bureau of Quality Assurance, Department West Street, 5th floor, Boston, MA 02111. the reasons for the correction with of Health and Family Services, 1 West Division of Licensing and Protection, 103 supporting justification. (These Wilson Street, Suite 150, P.O. Box 7850, South Main Street, Ladd Hall room 898, procedures are in accordance with Madison, WI 53701–0309. Waterbury, VT 05671. Department regulation 45 CFR 5b.7). Louisiana Department of Health and Missouri Department of Social Services, Hospitals, Health Standards Section, 500 Division of Aging, 615 Howerton Court, RECORD SOURCE CATEGORIES: Laurel Street, Suite 100, Baton Rouge, LA Jefferson City, MO 65109. The following forms and the ACTS 70801. Department of Human Services DMS/ software are used to collect ACTS data. Texas Department of Human Services OLTC/ Reimbursement Unit, 700 Main, 4th Medicare/Medicaid/CLIA Complaint (TDHS), 701 West 51st Street, P.O. Box Floor, PO Box 8059—Slot 407, Little Rock, 149030, MC W–519, Austin, TX 78751. AR 72203–8059. Form (CMS–562). Alabama Department of Public Health, Oklahoma State Department of Health, Statement of Deficiencies and Plan of Division of Health Care Facilities, 201 SHS, 1000 North East 10th Street, Oklahoma Correction (CMS–2567). Monroe Street, Suite 840, P.O. Box 303017, City, OK 73117–1299. Post-Certification Revisit Report Montgomery, AL 36104–3017. Myers & Stauffer Consulting Services, 4123 (CMS–2567B). Division of Emergency Medical Services, Southwest Gage Center Drive, Suite 200, Survey Team Composition and 570 East Woodrow Wilson Blvd., Third Floor Topeka, KS 66604. Workload Report (CMS–670). A–300, Jackson, MS 39215. Bureau of Licensure and Certification, 1550 Request for Validation of State of New Jersey, Department of Health East College Parkway, Suite 158, Carson City, Accreditation Survey for Hospital and Senior Services Long Term Care. NV 89706. (CMS–2802). Systems Development and Quality, 120 S Arizona Department of Health Services, Request for Validation of Stockton Street, lower level, Trenton, NJ 1647 East Morten Ave., Suite 200, Phoenix, Accreditation Survey for Laboratory 08625. AZ 85020. (CMS–2802A). Office of Health Facilities Licensing and Virginia Department of Health, 1500 East Request for Validation of Certification, LTC Residents Protection, Main Street, Room 211, Main Street Station, Three Mill Road, Suite 308, Wilmington, DE Richmond, VA 23219. Accreditation Survey for Hospice 19806. Department of Consumer and Regulatory (CMS–2802B). Colorado Department of Public Health and Affairs, Service Facility Regulation Request for Validation of Environment, Health Facilities Division, Administration, 825 N Capitol Street NE., Accreditation Survey for Home Health HFD–a2, 4300 Cherry Creek Drive, South, 2nd Floor LRA—Room 221, Washington, DC Agency (CMS–2802C). Second Floor, Denver, CO 80246–1530. 20002. Request for Validation of Office of Health Quality, 2020 Carey Michigan Department of Community Accreditation Survey for Ambulatory Avenue, First Bank Building, 8th Floor, Health, 300 East Michigan, Chandler River Surgical Center (CMS–2802D). Cheyenne, WY 82002. Plaza Building, Lansing, MI 48933. Request for Survey of 489.20 and Department of Health & Human Services Ohio Department of Health, 246 N. High 489.24 Essentials of Provider Division of Facility Services Licensure and St., 3rd Floor, Columbus, OH 43215. Agreements: Certification Section, 805 Briggs Drive, Dept of Human Services, 442 Civic Center Responsibilities of Medicare Raleigh, NC 27603. Drive, Augusta, ME 04330. SCDHEC, Division of Certification, 1777 Department of Health and Human Services, Participating Hospitals in Emergency Saint Julian Place, Suite 302, Columbia, SC Office of Program Support, Office of Cases (CMS–1541A). 29204. Information Systems, 129 Pleasant Street, CMS–116—CLIA Laboratory Seniors and People with Disabilities, 875 Brown Bldg., Concord, NH 03301–3857. Application. Union St.—4th Fl., Salem, OR 97310. Office of Health Care Assurance, 601 AASA—Division of Residential Services, Kamokila, RM 395, Kapolei, HI 96707. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 0B2 1115 North Washington, Olympia, WA South Dakota Department of Social OF THE ACT: 98503. Services, Office of Adult Services and Aging, Waiver of 40 day waiting period. Myers and Stauffer, 6380 Flank Drive, 700 Governors Drive, Pierre, SD 57501. Appendix A Location of State Servers Suite 100, Harrisburg, PA 17112. California Department of Health Services, DHHR, Management Information Services, Licensing and Certification, 630 Bercut Dr. North Dakota Department of Health 350 Capital Street, Room 206, Third Floor Suite B, Sacramento, CA 95814. Resources, 600 East Boulevard Avenue, Suite Computer Room, Charleston, WV 25301– State of Maryland, Department of Health 206, Bismarck, ND 58505. 3178. Care Quality, 55 Wade Avenue, Spring Grove

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Center, Bland Bryant Bldg., Fourth Floor, of the nation’s blood products. No NAT Applicant: Miami Metrozoo, Miami, Catonsville, MD 21228. test kit manufacturers were licensed at FL, PRT–069826. Department of Health and Human Services, that time. A number of manufacturers The applicant requests a permit to Medicaid Division, P.O. Box 95026—301 have subsequently been licensed for export one male captive-born Baird’s Centennial Mall, South, 5th Floor, Lincoln, tapir (Tapirus bairdii) to the Parque NE 68509. NAT, making the request for guidance DHHS Div of Med. Assistance Heath in the development of NAT testing of Ecoarqueologico Xcaret, Mexico, for the Facilities Licensing and Certification, 4730 pooled plasma for infectious agents now purpose of enhancement of the survival Business Park Boulevard, Suite 18, moot. This draft guidance is therefore of the species through captive Anchorage, AK 99503. being withdrawn as of September 22, propagation and conservation NYS Dept. of Health, Empire State Plaza, 2003, because it is obsolete. education. Concourse Room 148, Albany, NY 12237. Applicant: Yale University, New Dated: August 14, 2003. Virgin Islands, IFMC, 6000 Westown Haven, CT, PRT–072747. Parkway, West Des Moines, IA 50266. William K. Hubbard, The applicant requests a permit to Puerto Rico Department of Health, Associate Commissioner for Policy and import biological samples from sifaka Assistant Secretariat for the Regulation and Planning. (Propithecus verreauxi verreauxi) Accreditation of Health Facilities, Former [FR Doc. 03–21477 Filed 8–21–03; 8:45 am] Ruez Soler Hospital Road #2, Bayamon, PR collected in the wild in Madagascar, for BILLING CODE 4160–01–S 00959. scientific research. This notification covers activities to be conducted by the [FR Doc. 03–21444 Filed 8–21–03; 8:45 am] applicant over a five-year period. BILLING CODE 4120–03–P DEPARTMENT OF THE INTERIOR Applicant: Texas Memorial Museum, Austin, TX, PRT–072019. Fish and Wildlife Service The applicant requests a permit to DEPARTMENT OF HEALTH AND import biological samples from HUMAN SERVICES Receipt of Applications for Permit Coahuilan box turtles (Terrapene coahuila) collected in the wild in Food and Drug Administration AGENCY: Fish and Wildlife Service, Mexico, for scientific research. This [Docket No. 1999D–4577] Interior. notification covers activities to be ACTION: Notice of Receipt of conducted by the applicant over a five- Guidance for Industry: Application of Applications for Permit. year period. Current Statutory Authority to Nucleic Applicant: Susan C. Gardner, c/o U.S. Acid Testing of Pooled Plasma; SUMMARY: The public is invited to Environmental Protection Agency, Withdrawal of Draft Guidance comment on the following applications Cincinnati, OH, PRT–073075. to conduct certain activities with The applicant requests a permit to AGENCY: Food and Drug Administration, endangered species and/or marine import samples and non-viable eggs HHS. mammals. obtained from green sea turtle (Chelonia ACTION: Notice; withdrawal. DATES: Written data, comments or mydas), olive ridley sea turtle SUMMARY: The Food and Drug requests must be received by September (Lepidochelys olivacea), hawksbill sea Administration (FDA) is announcing the 22, 2003. turtle (Eretmochelys imbricata), and withdrawal of a draft guidance entitled ADDRESSES: Documents and other leather back sea turtle (Dermochelys ‘‘Guidance for Industry: Application of information submitted with these coriacea), in Mexico, for the purpose of Current Statutory Authority to Nucleic applications are available for review, enhancement of the species through Acid Testing of Pooled Plasma’’ dated subject to the requirements of the scientific research. This notification November 1999, that was announced in Privacy Act and Freedom of Information covers activities to be conducted by the the Federal Register on November 26, Act, by any party who submits a written applicant over a five year period. Applicant: Dr. Lisa K.Yon, University 1999. In the draft guidance, FDA sought request for a copy of such documents of California, Davis, CA, PRT–075293. public comment on the development within 30 days of the date of publication The applicant requests a permit to and implementation of nucleic acid of this notice to: U.S. Fish and Wildlife import serum, urine, and fecal samples testing (NAT) for infectious diseases. Service, Division of Management obtained from 6 bull Asian elephants DATES: Effective September 22, 2003. Authority, 4401 North Fairfax Drive, (Elephas maximus) captive-held at the Room 700, Arlington, Virginia 22203; FOR FURTHER INFORMATION CONTACT: Ayutthaya Elephant Palace and Royal fax 703/358–2281. Astrid L. Szeto, Center for Biologics Kraal, Thailand, for the purpose of Evaluation and Research (HFM–17), FOR FURTHER INFORMATION CONTACT: scientific research. This notification Food and Drug Administration, 1401 Division of Management Authority, covers activities to be conducted by the Rockville Pike, Rockville, MD 20852– telephone 703/358–2104. applicant over a five-year period. 1448, 301–827–6210. SUPPLEMENTARY INFORMATION: Applicant: Florida Museum of Natural SUPPLEMENTARY INFORMATION: In a notice History, Gainesville, FL, PRT–677336. Endangered Species published in the Federal Register of The applicant requests renewal of November 26, 1999 (64 FR 66481), FDA The public is invited to comment on their permit to import export and re- announced the availability of a draft the following applications for a permit export non-living museum specimens of guidance entitled ‘‘Guidance for to conduct certain activities with endangered and threatened species of Industry: Application of Current endangered species. This notice is plants and animals previously Statutory Authority to Nucleic Acid provided pursuant to Section 10(c) of accessioned into the applicant’s Testing of Pooled Plasma’’ dated the Endangered Species Act of 1973, as collection for scientific research. This November 1999. This draft guidance amended (16 U.S.C. 1531, et seq.). notification covers activities to be responded to industry’s request for Written data, comments, or requests for conducted by the applicant over a five- guidance in the development and copies of these complete applications year period. implementation of NAT of pooled should be submitted to the Director Applicant: Adam M. Vinatieri, North plasma in further improving the safety (address above). Attleboro, MA, PRT–075567.

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The applicant request a permit to Service, Agriculture; Office of Surface Doelger, 2987 Prospector Drive, Casper, import the sport hunted trophy of one Mining, Interior. Wyoming 82604; or you may mail them male bontebok (Damaliscus pygargus ACTION: Notice of Availability of a Final electronically to the attention of Nancy dorcas) culled from a captive herd Environmental Impact Statement (FEIS) Doelger at [email protected]; or maintained under the management on the proposed Pittsburg and Midway fax them to (307) 261–7587. A copy of program of the Republic of South Africa, Coal Mining Company Coal Exchange; the FEIS has been sent to affected for the purpose of enhancement of the Lincoln, Carbon, and Sheridan Federal, State, local government survival of the species. Counties, Wyoming. agencies, and to those persons who responded to the BLM indicating that Marine Mammals SUMMARY: Under the National they wished to receive a copy of the The public is invited to comment on Environmental Policy Act (NEPA), the FEIS. Copies of the FEIS are available the following applications for a permit Federal Policy and Management Act of for public inspection at the following to conduct certain activities with 1976 (FLPMA) and associated BLM and USDA Forest Service office endangered marine mammals and/or regulations, the Bureau of Land locations: marine mammals. The application was Management (BLM) announces the • Bureau of Land Management, submitted to satisfy requirements of the availability of a FEIS that evaluates, Wyoming State Office, 5353 Marine Mammal Protection Act of 1972, analyzes, and discloses to the public Yellowstone Road, Cheyenne, WY as amended (16 U.S.C. 1361 et seq.), direct, indirect, and cumulative 82009 and the regulations governing marine environmental impacts of a proposed • Bureau of Land Management, Casper mammals (50 CFR part 18). Written land-for-coal exchange between the Field Office, 2987 Prospector Drive, data, comments, or requests for copies Pittsburg and Midway (P&M) Coal Casper, WY 82604–2968 of the complete application or requests Mining Company, the USDA Forest • Bureau of Land Management, for a public hearing on this application Service Bridger-Teton National Forest, Pinedale Field Office, 432 E. Mill should be submitted to the Director and the Wyoming BLM, (Serial Number Street, Pinedale, WY 82941 (address above). Anyone requesting a WYW148816). • Bureau of Land Management, Rawlins hearing should give specific reasons The FEIS analyzes a proposal made by Field Office, 1300 N. Third Street, why a hearing would be appropriate. P&M to exchange approximately 5,859 Rawlins, WY 82301 The holding of such a hearing is at the acres of privately owned surface and • USDA Forest Service, Intermountain discretion of the Director. coal resources for an amount of Federal Region, 324 25th Street, Ogden, UT Applicant: U.S. Geological Survey, coal of approximately equal value 84401 Western Ecological Research Center, underlying privately owned lands. For • USDA Bridger-Teton National Forest, San Simeon, CA, PRT–672624. all, or some portion, of an estimated 107 Kemmerer Ranger District, 308 The applicant request a permit to million tons of Federal coal in Sheridan Highway 189 North, Kemmerer, WY increase the number of animals out of County, Wyoming, P&M would 83101 500 takes for drugging, vestigial tooth exchange to the United States private • Bureau of Land Management, Buffalo extraction and blood taking; for surgical land and mineral resources in Lincoln, Field Office, 1425 Fort Street, Buffalo, implant of radio transmitters; and for Carbon, and Sheridan Counties, WY 82834 TDR implants for the purpose of Wyoming. The USDA Forest Service FOR FURTHER INFORMATION CONTACT: scientific research. This notification and the Office of Surface Mining are Nancy Doelger or Mike Karbs at the covers activities to be conducted by the cooperating agencies. above Casper Field Office address, or applicant until October 5, 2007. DATES: Comments on the FEIS will be telephone: (307) 261–7600. Concurrent with the publication of accepted for 30 days following the date SUPPLEMENTARY INFORMATION: The FEIS this notice in the Federal Register, the that the Environmental Protection analyzes a proposal by P&M to exchange Division of Management Authority is Agency (EPA) publishes their notice of privately owned land and some mineral forwarding copies of the above availability of the FEIS in the Federal resources for Federal coal. The proposed applications to the Marine Mammal Register. The BLM asks that those exchange includes the surface and Commission and the Committee of submitting comments on the FEIS make mineral estate on the parcels that would Scientific Advisors for their review. them as specific as possible with become Federal estate administered by Dated: August 8, 2003. reference to page numbers and chapters the USDA Forest Service, Bridger-Teton Monica Farris, of the document. Comments that National Forest (BTNF), (2,447.88 Senior Permit Biologist, Branch of Permits, contain only opinions, or preferences, acres); and on 638.37 acres to be Division of Management Authority. will not receive a formal response, administered by BLM and adjacent to [FR Doc. 03–21488 Filed 8–21–03; 8:45 am] however, they will be considered, and the BTNF. BLM would acquire 2,772.25 included, as part of the BLM decision- BILLING CODE 4310–55–P acres of surface to be administered in making process. Comments, including the Rawlins and Buffalo Field Offices names and street addresses of and 807.69 acres of coal to be DEPARTMENT OF THE INTERIOR respondents, will be available for public administered by the Buffalo Field review at the Bureau of Land Office. A description of the lands and Bureau of Land Management Management, Casper Field Office, 2987 resources offered to the United States Prospector Drive, Casper, Wyoming, Government by P&M and the tract of [WY920–1430FM, WYW148816] during regular business hours (8 a.m. to Federal coal selected by P&M follows. 4:30 p.m.), Monday through Friday, Notice of availability of a Final except holidays, and may be published Bridger Lands, Lincoln County, Environmental Impact Statement on as part of the Final EIS. Wyoming the Proposed Pittsburg and Midway Coal Mining Company Coal Exchange ADDRESSES: Please address questions, Of the parcels north of Kemmerer, comments, or requests for copies of the Wyoming, known as ‘‘the Bridger AGENCY: Bureau of Land Management, FEIS to the Casper Field Office, Bureau Lands,’’ approximately 2,447 acres are Interior. Cooperating Agencies—Forest of Land Management, Attn: Nancy inholdings within in the administrative

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boundaries of the Bridger-Teton Site status. The JO Ranch Lands offered Sec. 3, lots 3, 4, S1⁄2N1⁄2, N1⁄2S1⁄2, National Forest, Kemmerer Ranger by P&M are surrounded by public lands SE1⁄4SE1⁄4; District, Wyoming. The addition of this and resources administered by the BLM Sec. 4, lots 1–4, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, 1 1 acreage to the National Forest System Rawlins Field Office. If the exchange is N ⁄2SE ⁄4. (NFS) would be consistent with, and completed and BLM acquires these Containing approximately 1,538.7 acres managed under, the Bridger-Teton lands, the Great Divide Resource more or less. National Forest Land and Resource Management Plan, (1990) would be Minerals To Be Administered by BLM Management Plan, (1990). This would maintained to extend existing also be consistent with USDA Forest management direction to the 1,233.55 P&M owns and is offering to exchange Service national policy to acquire acres of JO Ranch Lands. the coal estate underlying the following private in-holdings whenever possible Because P&M does not own, and lands: to facilitate management and therefore cannot offer, any of the 6th Principal Meridian, Wyoming administration of NFS lands and mineral estate underlying the JO Ranch T. 57 N., R. 84 W., resources. Acquisition of these parcels lands, the subsurface estate and its Sec. 1, S1⁄2NE1⁄4 (excluding 25.51 acres), would be beneficial to wildlife species, resources would remain in private SE1⁄4NW1⁄4, N1⁄2SW1⁄4 (excluding 1.2 would increase public recreation ownership. acres); 1 1 1 opportunities, and protect surrounding Sec. 2, S ⁄2NW ⁄4, S ⁄2 (excluding 5.6 acres); Lands To Be Administered by BLM 1 1 1 1 1 1 NFS lands from the impacts of human Sec. 3, S ⁄2NE ⁄4, SE ⁄4NW ⁄4, N ⁄2SE ⁄4, 6th Principal Meridian, Wyoming SE1⁄4SE1⁄4. development. The remaining parcels in Lincoln T. 16 N., R. 90 W., Containing 807.69 acres, more or less. 1 1 County are located outside of, and Sec. 6, lots 20, 23, 24, 27, NE ⁄4SW ⁄4; P&M does not own, and is not Sec. 17, SW1⁄4SW1⁄4; immediately adjacent to the Bridger- offering, to exchange any other mineral Sec. 18, NE1⁄4SE1⁄4; Teton National Forest and are Tract 46. rights underlying the Welch lands. contiguous to the 2,447 acres that would T. 16 N., R. 91 W., In exchange for the above described become part of NFS lands. The Sec. 12, NE1⁄4NE1⁄4, SW1⁄4NE1⁄4, lands, P&M proposes to acquire some approximately 638 acres are due west of SW1⁄4SW1⁄4, E1⁄2SW1⁄4, W1⁄2 SE1⁄4; portion of the Federal coal in the PSO LaBarge, Wyoming, and would become Sec. 13, W1⁄2NW1⁄4, SE1⁄4NW1⁄4, Tract, described below. There are 6.41 1 1 public lands administered by the BLM, NW ⁄4SW ⁄4; acres of publicly owned surface estate Sec. 14, SE1⁄4NE1⁄4, NE1⁄4SE1⁄4, S1⁄2SE1⁄4; Pinedale Field Office. If the exchange is included in the PSO Tract, which is not Sec. 22, SE1⁄4SE1⁄4, SE1⁄4SE1⁄4, SW1⁄4SE1⁄4; completed and BLM acquires the 638 Sec. 23, W1⁄2NE1⁄4, S1⁄2NW1⁄4, N1⁄24SW1⁄4, included in the exchange proposal. The acres of land, the Pinedale Resource SW1⁄4SW1⁄4 remainder of the surface estate included Management Plan (1988) would be Containing 1,233.55 acres more or less. in the tract is privately owned, maintained to extend existing primarily by P&M. management direction to the Bridger Welch Ranch Lands, Sheridan County, Lands. Wyoming PSO Tract, Sheridan County, Wyoming Lands and Surface Resources To Be P&M is offering the United States The Federal coal that P&M is Administered by USDA Forest Service Government the Welch Ranch parcel, proposing to acquire is located immediately north of the Welch Ranch, 6th Principal Meridian, Wyoming approximately (1,538.70 acres). Approximately 1.5 miles of Tongue underlying mostly P&M’s private T. 26 N., R. 116 W., surface (‘‘PSO Tract’’) in Sheridan Tracts 39, 41, and 42. River frontage would be included. The T. 26 N., R. 117 W., Tongue River area of the ‘‘Welch Lands’’ County. The Federal coal is found in Tracts 37–43 contains significant wildlife and two mineable coal seams, the Dietz 1, T. 27 N., R. 117 W., fisheries habitat and would provide the and Dietz 3. Recent exploration samples Tracts 37–42. public access to the Tongue River and indicate that the Dietz 1 coal seam has Containing 2,447.88 acres more or less. these resources. The Welch Lands are an average BTU value of 9,279, and that the Dietz 3 has an average BTU value of Lands and Minerals To Be Administered by surrounded by private lands and private BLM and Federal minerals that are 9,352. Up to approximately 107 million administered by the BLM Buffalo Field tons of Federal coal may be exchanged 6th Principal Meridian, Wyoming Office. In addition to the identified depending on the final appraised value T. 26 N., R. 115 W., Welch Lands, the United States of both the land and coal resources that Tracts 49, 57, and 71. Government would acquire ownership the United States Government would Containing 638.37 acres more or less. of about 807.69 acres of the coal estate receive from P&M, and the value of the JO Ranch Lands, Carbon County, currently owned by P&M. Upon Federal coal. Wyoming acquisition, the coal would be The legal description of the Federal coal being considered for exchange is as P&M is offering the parcel (1,233.55 administered by the BLM Buffalo Field follows: acres) known as the ‘‘JO Ranch Lands’’ Office. If the exchange is completed and to the United States Government. The the Welch Lands become public lands, 6th Principal Meridian, Wyoming JO Ranch Lands are southwest of BLM will prepare a site-specific plan for T. 58 N., R. 84 W., Rawlins, Wyoming. Cow Creek, an the 1,538.70 acres of Welch Ranch Sec. 15, lot 1; ephemeral drainage that drains the west Lands that would amend the Buffalo Sec. 20, SE1⁄4; 1 1 1 foothills of the Sierra Madre Mountains, Resource Management Plan (1985, Sec. 21, E ⁄2NE ⁄4, S ⁄2; updated 2001). Sec. 22, NW1⁄4, W1⁄2SW1⁄4; flows through the JO Ranch Lands. This Sec. 23, lots 3 and 4; Lands To Be Administered by BLM 1 1 1 1 section of Cow Creek has riparian Sec. 27, W ⁄2NW ⁄4, W ⁄2SW ⁄4; grassland habitat, and provides mule 6th Principal Meridian, Wyoming Sec. 28, All; 1 1 1 deer and elk crucial winter range. The T. 57 N., R. 84 W., Sec. 29, NE ⁄4, NE ⁄4SE ⁄4; 1 2 1 4 JO Ranch Lands also include the JO Sec. 1, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, N1⁄2SW1⁄4, Sec. 33, N ⁄ NE ⁄ ; 1 1 1 1 Ranch or Rankin Ranch buildings, SW1⁄4SW1⁄4; Sec. 34, SW ⁄4NE ⁄4, NW ⁄4NW ⁄4. which are eligible for National Historic Sec. 2, lots 2, 3, S1⁄2N1⁄2, S1⁄2; Containing 2,045.53 acres more or less.

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The FEIS evaluates the site-specific contract appraiser will review all Office intends to use the analysis to and cumulative environmental impacts appraisals. prepare a site-specific plan for the of exchanging the land and coal The EIS analyzes two alternatives, the Welch Lands to amend the BLM Buffalo resources offered by P&M for Federal Proposed Action and Alternative 1, No RMP (1985, amended 2001). coal. P&M proposes to mine the coal in Action. Under the Proposed Action, the Individual respondents may request the PSO Tract if the exchange is exchange would be completed and the confidentiality. If you wish to withhold completed as proposed and they acquire Bridger, JO Ranch, and Welch Lands your name or street address from public ownership of the coal resources in the would become Federal lands review or from disclosure under the Tract. Therefore, the FEIS considers the administered by the USDA Forest Freedom of Information Act, you must environmental impacts of mining the Service and BLM. BLM is considering state this prominently at the beginning Federal coal as a possible consequence several options to the Proposed Action of your written comment. Such requests of executing the proposed exchange. If that would modify the Welch Lands to will be honored to the extent allowed by the land-for-coal exchange is approved, exclude an active underground coal law. All submission from organizations neither the Record of Decision (ROD) seam fire on those lands. Under the or businesses, and from individuals nor the Final EIS would constitute proposed action, or any option, P&M identifying themselves as authorization for commencement of would acquire an amount of Federal representatives of officials of mining operations. coal underlying the PSO Tract that organizations or businesses, will be Before land exchanges can be would be equal in value to the Bridger, made available for public inspection in approved, they must meet two criteria: JO Ranch, and Welch Lands. Alternative their entirety. 1 is the No Action Alternative, which The exchange must be in the public Dated: June 11, 2003. interest as required under 43 CFR assumes that the proposal to exchange would be rejected. Robert A. Bennett, 2200.0–6(b); and the value of the State Director. interests being exchanged must be equal Agency-Preferred Alternative: The [FR Doc. 03–21636 Filed 8–21–03; 8:45 am] as required under 43 CFR 2200.0–6(c). BLM’s preferred alternative is the Proposed Action. Because the Bridger BILLING CODE 4310–22–P This environmental analysis is being Lands in Lincoln County include most prepared as required under 43 CFR of the remaining parcels of private land 2200.0–6(h). It will be used as a within the Bridger-Teton National DEPARTMENT OF THE INTERIOR supporting study in making a Forest, Kemmerer Ranger District, the determination as to whether this USDA Forest Service is a cooperating Minerals Management Service exchange is in the public interest. agency in the preparation of this FEIS. Following completion of this Outer Continental Shelf, Pacific OCS The USDA Forest Service’s preferred environmental analysis but prior to the Region, Environmental Document alternative is the Proposed Action. issuance of ROD, a public meeting will The Office of Surface Mining Prepared for Development of the be held to receive public comment on Reclamation and Enforcement (OSM) is Eastern Half of Lease OCS–P 0451 the public interest factors of the an additional cooperating agency. OSM proposed exchange as required under 43 AGENCY: Minerals Management Service has primary responsibility to administer (MMS). CFR 2203.3. programs that regulate surface coal ACTIONS: Notice of availability of Both the USDA Forest Service and mining and the surface effects of Environmental Assessment (EA) and USDI BLM national land exchange underground coal mining operations. If Finding of No Significant Impact review boards have technically the exchange is completed, the coal (FONSI). reviewed P&M’s proposal to exchange would no longer be Federally owned, land for coal. Prior to a decision to however; OSM would retain some SUMMARY: The MMS Pacific OCS Region approve, or disapprove, the exchange oversight responsibilities for the has prepared an EA for Arguello Inc.’s following the public interest regulation of the proposed surface coal revisions to the Point Arguello Field determination meeting, the exchange mine. Development and Production Plans to will be subject to final review by each include development of the eastern half agency’s national land exchange board, Land Use Plans of Lease OCS–P 0451 pursuant to the and the BLM Director, as well as the If the exchange is completed, the requirements of the National Department of Justice. United States Government would Environmental Policy Act (NEPA). The FEIS analysis assumes that all the acquire ownership of the lands and Federal coal within the PSO Tract as minerals offered by P&M for exchange. DATES: MMS completed the EA and proposed by P&M would be exchanged At that time, the USDA Forest Service issued a Finding of No Significant for all of the lands being offered by would use the analysis documented in Impact (FONSI) on June 19, 2003. P&M. In accordance with 43 CFR 2200 this FEIS to revise the land ownership FOR FURTHER INFORMATION CONTACT: Mr. the actual amount of Federal coal status maps and extend management Maurice Hill, Minerals Management offered for exchange would be the direction to the Bridger Lands that Service, Pacific OCS Region, 770 Paseo amount required to equal the value of would become NFS lands. The BLM Camarillo, Camarillo, CA 93010, the lands offered to the United States would use the analyses documented in telephone (805) 389–7815. A digital Government by P&M. To ensure that the this FEIS to maintain the Pinedale RMP copy of the EA on a Compact Disk may lands, or interests, being exchanged are and Rawlins RMP to extend be requested by calling 1–800–6–PAC– of equal value, the fair market value of management direction to the Bridger OCS (1–800–672–2627), or by sending a the respective properties must be Lands and JO Ranch Lands that would request to the above address. evaluated. In this case, the fair market become public land. The Buffalo Field SUPPLEMENTARY INFORMATION: The MMS value of the P&M lands will be Office would use the analyses to prepares EA’s and Findings for Outer determined through a fee appraisal by a identify the isolated parcel (the Welch Continental Shelf (OCS) oil and gas BLM-approved qualified appraiser. BLM Ranch Lands) as public lands exploration and development activities will determine the fair market value of administered by the BLM under the and other operations on the Pacific OCS. the Federal coal. An independent Buffalo RMP. In addition, Buffalo Field Arguello Inc. proposes to develop the

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eastern half of Federal Lease OCS–P INTERNATIONAL TRADE Harmonized Tariff System 0451 by drilling a maximum of eight COMMISSION nomenclature and 2002 trade data. The extended-reach wells from two existing advice with respect to the removal of [Inv. Nos. TA–131–25 and TA–2104–5] OCS platforms in the Point Arguello U.S. duties on imports from the Unit, Platforms Hermosa and Hidalgo. U.S.-Dominican Republic Free Trade Dominican Republic will assume that The project area is located offshore Agreement: Advice Concerning the any known U.S. non-tariff barrier will about 13 km (8 mi) northwest of Point Probable Economic Effect not be applicable to such imports. The Conception, Santa Barbara County, Commission will note in its report any California. Lease OCS–P 0451 is AGENCY: United States International instance in which the continued application of a U.S. non-tariff barrier to considered a developed lease by virtue Trade Commission. such imports would result in different of the existing production on the ACTION: Institution of investigation and scheduling of public hearing. advice with respect to the effect of the western half, in the Point Arguello Unit. removal of the duty. Previously, the eastern half of Lease EFFECTIVE DATE: As also requested, pursuant to section OCS–P 0451 was part of the Rocky Point August 15, 2003. SUMMARY: Following receipt of a request 2104(b)(2) of the Trade Act of 2002 (19 Unit, but has since been contracted out on August 6, 2003, from the United U.S.C. 3804(b)(2)), the Commission will of the Unit. Therefore, it is no longer States Trade Representative (USTR), the provide advice as to the probable unitized with the undeveloped leases of Commission instituted investigation economic effect of eliminating tariffs on the Rocky Point Unit, and production Nos. TA–131–25 and TA–2104–5, U.S.- imports of certain agricultural products from this portion of the lease will have Dominican Republic Free Trade of the Dominican Republic on (i) no effect on holding the Rocky Point Agreement: Advice Concerning the industries in the United States Unit leases, nor will it cause production Probable Economic Effect, under section producing the product concerned, and of the undeveloped Rocky Point Unit 131 of the Trade Act of 1974 and section (ii) the U.S. economy as a whole. USTR indicated that the leases. 2104(b)(2) of the Trade Act of 2002. Commission’s report will be classified The MMS distributed a copy of FOR FURTHER INFORMATION CONTACT: and considered to be an inter-agency Arguello Inc.’s proposal for review and Information specific to this investigation memorandum containing pre-decisional comment to five State agencies, eight may be obtained from George Serletis, advice and subject to the deliberative Federal agencies, two local agencies, Project Leader, (202) 205–3315; process privilege. The Commission and two non-governmental [email protected], or Vincent Honnold, expects to provide its report to USTR by organizations. The EA examines the Deputy Project Leader, (202) 205–3314; December 8, 2003. potential environmental effects of [email protected], Office of Arguello Inc.’s proposed action and Industries, United States International Public Hearing presents MMS findings regarding the Trade Commission, Washington, DC A public hearing in connection with significance of those effects. The MMS 20436. For information on the legal this investigation will be held at the prepares EA’s to determine whether aspects of this investigation, contact United States International Trade proposed projects constitute a major William Gearhart of the Office of the Commission Building, 500 E Street, Federal action that significantly affects General Counsel, (202) 205–3091; SW., Washington, DC, beginning at 9:30 the quality of the human environment [email protected]. Hearing impaired a.m. on October 7, 2003. All persons individuals are advised that information in the sense of NEPA 102(2)(C). A shall have the right to appear, by on this matter can be obtained by FONSI is prepared in those instances counsel or in person, to present contacting the TDD terminal on (202) where the MMS finds that approval will information and to be heard. Requests to 205–1810. General information appear at the public hearing should be not result in significant effects on the concerning the Commission may also be filed with the Secretary, United States quality of the human environment. The obtained by accessing its Internet server International Trade Commission, 500 E FONSI briefly presents the basis for that (http://www.usitc.gov). The public Street, SW., Washington, DC 20436, no finding and includes a summary or copy record for these investigations may be later than 5:15 p.m., September 22, of the EA. The MMS completed an EA viewed on the Commission’s electronic 2003. Any prehearing briefs (original and issued a FONSI for Arguello Inc.’s docket (EDIS) at http://edis.usitc.gov. and 14 copies) should be filed not later proposed action on June 19, 2003. This Background than 5:15 p.m., September 25, 2003; the notice constitutes the public Notice of deadline for filing post-hearing briefs or Availability of environmental As requested by the USTR pursuant to statements is 5:15 p.m., October 16, documents required under the NEPA section 131 of the Trade Act of 1974 (19 2003. In the event that, as of the close regulations. U.S.C. 2151), in its report the of business on September 22, 2003, no Commission will provide advice as to Dated: July 3, 2003. witnesses are scheduled to appear at the the probable economic effect of hearing, the hearing will be canceled. Peter L. Tweedt, providing duty-free treatment for Any person interested in attending the Regional Manager, Pacific OCS Region, imports of products of the Dominican hearing as an observer or non- Minerals Management Service. Republic (i) on industries in the United participant may call the Secretary to the [FR Doc. 03–21496 Filed 8–21–03; 8:45 am] States producing like or directly Commission (202–205–1806) after BILLING CODE 4310–MR–P competitive products, and (ii) on September 22, 2003, for information consumers. The import analysis will concerning whether the hearing will be consider each article in chapters 1 held. through 97 of the Harmonized Tariff Schedule of the United States for which Written Submissions U.S. tariffs will remain after the United In lieu of or in addition to States fully implements its Uruguay participating in the hearing, interested Round tariff commitments. The import parties are invited to submit written advice will be based on the 2003 statements (original and 14 copies)

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concerning the matters to be addressed SGA printed in its entirety. The recent DEPARTMENT OF LABOR by the Commission in its report on this power outage in several states has investigation. Commercial or financial caused the preparation and submission Office of the Secretary; Solicitation for information that a submitter desires the of proposals to be adversely affected. Grant Applications (SGA) 03–21; Commission to treat as confidential Due to this interruption, the deadline Strengthening the Labor Systems in must be submitted on separate sheets of for submission of applications is Southern Africa; Correction paper, each clearly marked extended. All applications must now be AGENCY: ‘‘Confidential Business Information’’ at Bureau of International Labor submitted to the U.S. Department of Affairs, Labor. the top. All submissions requesting Labor, Procurement Services Center, confidential treatment must conform ACTION: Notice of correction. Room N–5416, 200 Constitution with the requirements of section 201.6 Avenue, NW., Washington, DC 20210, SUMMARY: In the Federal Register, Vol. of the Commission’s Rules of Practice 68, No. 139, Monday, July 21, 2003 the and Procedure (19 CFR 201.6). All not later than 4:45 pm EDT, August 25, competition was announced and the written submissions, except for 2003. SGA printed in its entirety. The recent confidential business information, will FOR FURTHER INFORMATION CONTACT: Lisa power outage in several states has be made available in the Office of the Harvey, Department of Labor, Secretary to the Commission for caused the preparation and submission Telephone (202) 693–4570, e-mail: of proposals to be adversely affected. inspection by interested parties. The [email protected]. Commission may include such Due to this interruption, the deadline confidential business information in the Signed at Washington, DC this 18th day of for submission of applications is report it sends to the USTR. To be August, 2003. extended. All applications must now be assured of consideration by the Lawrence J. Kuss, submitted to the U.S. Department of Labor, Procurement Services Center, Commission, written statements relating Director, Procurement Services Center. to the Commission’s report should be Room N–5416, 200 Constitution [FR Doc. 03–21554 Filed 8–21–03; 8:45 am] Avenue, NW., Washington, DC 20210, submitted to the Commission at the BILLING CODE 4510–28–M earliest practical date and should be not later than 4:45 p.m. EDT, August 25, received no later than the close of 2003. business on October 16, 2003. All DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: Lisa submissions should be addressed to the Harvey, Department of Labor, Secretary at the Commission’s office in Office of the Secretary; Solicitation for Telephone (202) 693–4570, e-mail: Washington, DC. The Commission’s Grant Applications (SGA) 03–18; [email protected]. rules do not authorize filing of Strengthening the Capacity of the Signed at Washington, DC this 18th day of submissions with the Secretary by Moroccan Labor Ministry August, 2003. facsimile or electronic means, except to Lawrence J. Kuss, the extent permitted by section 201.8 of AGENCY: Bureau of International Labor Director, Procurement Services Center. the Commission’s Rules (19 CFR 201.8) Affairs, Labor. [FR Doc. 03–21552 Filed 8–21–03; 8:45 am] (see Handbook for Electronic Filing Procedures, ftp://usitc.gov/pub/reports/ ACTION: Notice of correction. BILLING CODE 4510–28–M electronic_filing_handbook.pdf). Persons with mobility impairments SUMMARY: In the Federal Register, Vol. DEPARTMENT OF LABOR who will need special assistance in 68, No. 139, Monday, July 21, 2003 the gaining access to the Commission competition was announced and the Employment Standards Administration should contact the Office of the SGA printed in its entirety. The recent Secretary at 202–205–2000. General power outage in several states has Wage and Hour Division; Minimum information concerning the Commission caused the preparation and submission Wages for Federal and Federally may also be obtained by accessing its of proposals to be adversely affected. Assisted Construction; General Wage Internet server (http://www.usitc.gov). Due to this interruption, the deadline Determination Decisions By order of the Commission. for submission of applications is General wage determination decisions Issued: August 18, 2003. extended. All applications must now be of the Secretary of Labor are issued in Marilyn R. Abbott, submitted to the U.S. Department of accordance with applicable law and are Secretary. Labor, Procurement Services Center, based on the information obtained by [FR Doc. 03–21495 Filed 8–21–03; 8:45 am] Room N–5416, 200 Constitution the Department of Labor from its study BILLING CODE 7020–02–P Avenue, NW. Washington, DC 20210, of local wage conditions and data made not later than 4:45 p.m. EDT, August 25, available from other sources. They 2003. specify the basic hourly wage rates and DEPARTMENT OF LABOR fringe benefits which are determined to FOR FURTHER INFORMATION CONTACT: Lisa be prevailing for the described classes of Office of The Secretary; Solicitation for Harvey, Department of Labor, laborers and mechanics employed on Grant Application (SGA) 03–20; Telephone (202) 693–4570, e-mail: construction projects of a similar Strengthening Labor Systems in [email protected]. character and in the localities specified Central America Signed at Washington, DC this 18th day of therein. AGENCY: Bureau of International Labor August, 2003. The determinations in these decisions Affairs, Labor. Lawrence J. Kuss, of prevailing rates and fringe benefits ACTION: Notice of correction. Director, Procurement Services Center. have been made in accordance with 29 CFR part 1, by authority of the Secretary [FR Doc. 03–21553 Filed 8–21–03; 8:45 am] SUMMARY: In the Federal Register, Vol. of Labor pursuant to the provisions of 68, No. 139, Monday, July 21, 2003 the BILLING CODE 4510–28–M the Davis-Bacon Act of March 3, 1931, competition was announced and the as amended (46 Stat. 1494, as amended,

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40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, Office, Washington, DC 20402, (202) statutes referred to in 29 CFR part 1, Washington, DC 20210. 512–1800. appendix, as well as such additional When ordering hard-copy Modification to General Wage statutes as may from time to time be subscription(s), be sure to specify the Determination Decisions enacted containing provisions for the State(s) of interest, since subscriptions payment of wages determined to be The number of the decisions listed to may be ordered for any or all of the six prevailing by the Secretary of Labor in the Government Printing Office separate Volumes, arranged by State. accordance with the Davis-Bacon Act. document entitled ‘‘General Wage Subscriptions include an annual edition The prevailing rates and fringe benefits Determinations Issued Under the Davis- (issued in January or February) which determined in these decisions shall, in Bacon and Related Acts’’ being modified includes all current general wage accordance with the provisions of the are listed by Volume and State. Dates of determinations for the States covered by foregoing statutes, constitute the publication in the Federal Register are each volume. Throughout the remainder minimum wages payable on Federal and in parentheses following the decisions of the year, regular weekly updates will federally assisted construction projects being modified. be distributed to subscribers. to laborers and mechanics of the Volume I Signed at Washington, DC this 14th day of specified classes engaged on contract August, 2003. None. work of the character and in the Carl Poleskey, localities described therein. Volume II Good cause is hereby found for not Chief, Branch of Construction Wage None. Determinations. utilizing notice and public comment procedure thereon prior to the issuance Volume III [FR Doc. 03–21248 Filed 8–21–03; 8:45 am] of these determinations as prescribed in None. BILLING CODE 4510–27–M 5 U.S.C. 553 and not providing for delay Volume IV in the effective date as prescribed in that section, because the necessity to issue None. NATIONAL SCIENCE FOUNDATION current construction industry wage Volume V Notice of Permit Application Received determinations frequently and in large None. volume causes procedures to be Under the Antarctic Conservation Act impractical and contrary to the public Volume VI of 1978 interest. None. AGENCY: National Science Foundation. General wage determination Volume VII ACTION: Notice of Permit Applications decisions, and modifications and None. Received Under the Antarctic supersedeas decisions thereto, contain Conservation Act. no expiration dates and are effective General Wage Determination from their date of notice in the Federal Publication SUMMARY: Notice is hereby given that Register, or on the date written notice the National Science Foundation (NSF) General wage determinations issued is received by the agency, whichever is has received a waste management under the Davis-Bacon and related Acts, earlier. These decisions are to be used permit application for operation of including those noted above, may be in accordance with the provisions of 29 remote field support and safety camps found in the Government Printing Office CFR parts 1 and 5. Accordingly, the ashore while filming on the ice. The (GPO) document entitled ‘‘General Wage applicable decision, together with any vessel Kapitan Dranitsyn will provide determinations Issued Under the Davis- modifications issued, must be made a the main support of the expedition. The Bacon And Related Acts’’. This part of every contract for performance of application is submitted to NSF publication is available at each of the 50 the described work within the pursuant to regulations issued under the Regional Government Depository geographic area indicated as required by Antarctic Conservation Act of 1978. Libraries and many of the 1,400 an applicable Federal prevailing wage DATES: Interested parties are invited to law and 29 CFR part 5. The wage rates Government Depository Libraries across the country. submit written data, comments, or and fringe benefits, notice of which is views with respect to this permit published herein, and which are General wage determinations issued under the Davis-Bacon and related Acts application by September 22, 2003. contained in the Government Printing Permit applications may be inspected by Office (GPO) document entitled are available electronically at no cost on the Government Printing Office site at interested parties at the Permit Office, ‘‘General Wage Determinations Issued address below. Under The Davis-Bacon And Related http://www.access.gpo.gov/davisbacon. ADDRESSES: Acts,’’ shall be the minimum paid by They are also available electronically by Comments should be contractors and subcontractors to subscription to the Davis-Bacon Online addressed to Permit Office, Room 755, laborers and mechanics. Service (http:// Office of Polar Programs, National Any person, organization, or davisbacon.fedworld.gov) of the Science Foundation, 4201 Wilson governmental agency having an interest National Technical Information Service Boulevard, Arlington, Virginia 22230. in the rates determined as prevailing is (NTIS) of the U.S. Department of FOR FURTHER INFORMATION CONTACT: encouraged to submit wage rate and Commerce at 1–800–363–2068. This Nadene Kennedy at the above address or fringe benefit information for subscription offers value-added features (703) 292–8030. consideration by the Department. such as electronic delivery of modified SUPPLEMENTARY INFORMATION: NSF’s Further information and self- wage decisions directly to the user’s Antarctic Waste Regulation, 45 CFR part explanatory forms for the purpose of desktop, the ability to access prior wage 671, requires all U.S. citizens and submitting this data may be obtained by decisions issued during the year, entities to obtain a permit for the use or writing to the U.S. Department of Labor, extensive Help desk Support, etc. release of a designated pollutant in Employment Standards Administration, Hard-copy subscriptions may be Antarctica, and for the release of waste Wage and Hour Division, Division of purchased from: Superintendent of in Antarctica. NSF has received a permit Wage Determinations, 200 Constitution Documents, U.S. Government Printing application under this Regulation for

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the operation of an expedition to of NRC’s Agencywide Documents DC 20555. Mr. Zalcman may be Antarctica. EZ Productions, Inc. will Access and Management System contacted by telephone at 1–800–368– conduct filming operations in (ADAMS). ADAMS is accessible at 5642, extension 2419, or by e-mail at Antarctica using the Kapitan Dranitsyn http://www.nrc.gov/reading-rm/ [email protected]. as the main support platform. Basic adams.html, which provides access Dated at Rockville, Maryland, this 15th day toilet facilities will be taken onto the sea through the NRC’s Public Electronic of August, 2003. ice for use during filming and in case of Reading Room (PERR) link. Persons who For the Nuclear Regulatory Commission. emergency. Food preparation will do not have access to ADAMS, or who John R. Tappert, encounter problems in accessing the mainly take place on the ship. Snacks Acting Program Director, License Renewal and buffet style food will be taken to the documents located in ADAMS, should and Environmental Impacts Program, filming locations during the day. This contact the NRC’s PDR Reference staff at Division of Regulatory Improvement application is for all wastes generated 1–800–397–4209, or 301–415–4737, or Programs, Office of Nuclear Reactor off the ship, associated with the filming by e-mail to [email protected]. The GEIS, Regulation. work at Cape Washington and environs Addendum 1, and Supplements may [FR Doc. 03–21524 Filed 8–21–03; 8:45 am] (or alternate location at Coulman also be viewed on the Internet at http:/ BILLING CODE 7590–01–P Island). Anything taken ashore will be /www.nrc.gov/reading-rm/doc- removed from Antarctica and disposed collections/nuregs/staff/sr1437/. The of in a substitutable port of NRC prepares site-specific supplements NUCLEAR REGULATORY disembarkation. Cooking stoves/fuel to the GEIS for each license renewal COMMISSION will be used only in an emergency. application assessing the environmental Conditions of the permit would include impacts specific to that power plant Advisory Committee on Reactor requirements to report on the removal of location; these reports may be useful to Safeguards; Meeting Notice materials and any accidental releases, scoping participants to understand the In accordance with the purposes of and management of all waste, including environmental review process and the sections 29 and 182b. of the Atomic human waste, in accordance with environmental issues associated with Energy Act (42 U.S.C. 2039, 2232b), the Antarctic waste regulations. the review for license renewal. The Advisory Committee on Reactor Application for the permit is made by: Supplements to the GEIS can also be Safeguards (ACRS) will hold a meeting Hawk Koch, Co-Producer, EZ viewed on the Internet in the context for on September 10–13, 2003, 11545 Productions, Inc., 9100 Wilshire each project and are listed by project at: Rockville Pike, Rockville, Maryland. Boulevard, Suite 401E, Beverly Hills, http://www.nrc.gov/reactors/operating/ The date of this meeting was previously California 90212. licensing/renewal/applications.html. published in the Federal Register on Location: Antarctic Peninsula Area. The update of the GEIS is a generic Monday, November 20, 2002 (67 FR Dates: November 01, 2003 to March 31, activity and, therefore, is not the 70094). 2006. appropriate forum to consider site- Nadene G. Kennedy, specific issues or concerns. Wednesday, September 10, 2003 Any interested party may send Permit Officer. [The meeting on Wednesday, September 10, written comments on the environmental [FR Doc. 03–21473 Filed 8–21–03; 8:45 am] 2003 will be closed pursuant to 5 U.S.C. scope of the GEIS Update Project to the 552b(c)(1)] BILLING CODE 7555–01–M Chief, Rules and Directives Branch, 10:15 a.m.–7 p.m.: Safeguards and Security Division of Administrative Services, (Closed)—The Committee will meet with Office of Administration, Mail stop T– representatives of the Office of Nuclear NUCLEAR REGULATORY 6 D59, U.S. Nuclear Regulatory Regulatory Research and the Office of COMMISSION Commission, Washington, DC 20555– Nuclear Security and Incident Response to 0001. Comments may also be delivered discuss safeguards and security matters. Also, the Committee will discuss a proposed Notice of Extension of the Public to Room T–6 D59, Two White Flint Comment Period for Scoping Process ACRS report on safeguards and security North, 11545 Rockville Pike, Rockville, matters. To Prepare an Environmental Impact Maryland, from 7:30 a.m. to 4:15 p.m. Statement for the License Renewal of during Federal workdays. To be Thursday, September 11, 2003, Conference Nuclear Power Plants considered in the scoping process, Room T–2B3, Two White Flint North, Rockville, Maryland Notice is hereby given that the U.S. written comments should be postmarked by September 17, 2003. 8:30 a.m.–8:35 a.m.: Opening Remarks by Nuclear Regulatory Commission (the the ACRS Chairman (Open)—The ACRS Commission) has extended the public Electronic comments may be sent by e- Chairman will make opening remarks comment period for the scoping process mail to the NRC at regarding the conduct of the meeting. on the update to the ‘‘Generic [email protected]. Electronic 8:35 a.m.–10 a.m.: Final Review of the St. Environmental Impact Statement (GEIS) submissions should be sent no later Lucie License Renewal Application (Open)— for License Renewal of Nuclear Plants’’, than September 17, 2003, to be The Committee will hear presentations by and hold discussions with representatives of NUREG–1437 (May 1996) and considered timely in the scoping process. All comments received by the the NRC staff and Florida Power and Light Addendum 1 (August 1999). The public Company regarding the St. Lucie license comment period is extended to NRC will be available electronically and renewal application and the associated Final September 17, 2003. accessible through the NRC’s PERR link Safety Evaluation Report prepared by the The GEIS and Addendum 1 to the at http://www.nrc.gov/reading-rm/ staff. GEIS were prepared pursuant to 10 CFR adams.html. 10:15 a.m.–11:30 a.m.: Draft Final part 51 and are available for public FOR FURTHER INFORMATION CONTACT: Mr. Regulatory Guide DG–1122, ‘‘Determining the inspection at the NRC Public Document Barry Zalcman, Environmental Section, Technical Adequacy of PRA Results for Risk- Informed Activities’’ (Open)—The Committee Room (PDR), located at One White Flint License Renewal and Environmental will hear presentations by and hold North, 11555 Rockville Pike (first floor), Impacts Program, Division of Regulatory discussions with representatives of the NRC Rockville, Maryland, or from the Improvement Programs, U.S. Nuclear staff regarding the draft final version of Publicly Available Records component Regulatory Commission, Washington, Regulatory Guide DG–1122.

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12:30 p.m.–2 p.m.: Technical Assessment Subcommittee regarding items proposed for opportunity to present oral statements and and Proposed Recommendations for consideration by the full Committee during the time allotted therefor can be obtained by Resolving GSI–186, ‘‘Potential Risk and future meetings. Also, it will hear a report of contacting Dr. Sher Bahadur, Associate Consequences of Heavy Load Drops in the Planning and Procedures Subcommittee Director for Technical Support (301–415– Nuclear Power Plants’’ (Open)—The on matters related to the conduct of ACRS 0138), between 7:30 a.m. and 4:15 p.m., e.t. Committee will hear presentations by and business, including anticipated workload and ACRS meeting agenda, meeting transcripts, hold discussions with representatives of the member assignments. and letter reports are available through the NRC staff regarding the technical assessment 12:15 p.m.–12:30 p.m.: Reconciliation of NRC Public Document Room at [email protected], and recommendations proposed by the Office ACRS Comments and Recommendations or by calling the PDR at 1–800–397–4209, or of Nuclear Regulatory Research for resolving (Open)—The Committee will discuss the from the Publicly Available Records System GSI–186. responses from the NRC Executive Director (PARS) component of NRC’s document 2:15 p.m.–3:45 p.m.: Draft Final Review for Operations (EDO) to comments and system (ADAMS) which is accessible from Standard for Reviewing Core Power Uprate recommendations included in recent ACRS the NRC Web site at http://www.nrc.gov/ Applications (Open)—The Committee will reports and letters. The EDO responses are reading-rm/adams.html or http:// hear presentations by and hold discussions expected to be made available to the www.nrc.gov/reading-rm/doc-collections/ with representatives of the NRC staff Committee prior to the meeting. (ACRS & ACNW Mtg schedules/agendas). regarding the draft final review standard to 1:30 p.m.–7:30 p.m.: Preparation of ACRS Videoteleconferencing service is available be used by the staff for reviewing core power Reports (Open/Closed)—The Committee will for observing open sessions of ACRS uprate applications. discuss proposed ACRS reports on matters meetings. Those wishing to use this service 4 p.m.–5:15 p.m.: Draft Final Revision 3 to considered during this meeting. In addition, for observing ACRS meetings should contact Regulatory Guide 1.82 (DG–1107), ‘‘Water the Committee will discuss a proposed ACRS Mr. Theron Brown, ACRS Audio Visual Sources for Long-Term Recirculation Cooling report on safeguards and security (Closed). Technician (301–415–8066), between 7:30 Following a LOCA’’ (Open)—The Committee Saturday, September 13, 2003, Conference a.m. and 3:45 p.m., e.t., at least 10 days will hear presentations by and hold Room T–2B3, Two White Flint North, before the meeting to ensure the availability discussions with representatives of the NRC Rockville, Maryland of this service. Individuals or organizations staff regarding draft final revision 3 to requesting this service will be responsible for Regulatory Guide 1.82 (DG–1107) including 8:30 a.m.–1 p.m.: Preparation of ACRS telephone line charges and for providing the resolution of public comments, and related Reports (Open/Closed)—The Committee will equipment and facilities that they use to matters. continue discussion of the proposed ACRS establish the videoteleconferencing link. The 5:15 p.m.–6 p.m.: Review of PIRT Process reports. availability of videoteleconferencing services (Open)—The Committee will hear a 1 p.m.–1:15 p.m.: Miscellaneous (Open)— is not guaranteed. presentation by Dr. Nourbakhsh, ACRS The Committee will discuss matters related Senior Fellow, regarding his review of the to the conduct of Committee activities and Dated: August 18, 2003. phenomena identification and ranking table matters and specific issues that were not Andrew L. Bates, completed during previous meetings, as time (PIRT) process. Advisory Committee Management Officer. 6:15 p.m.–7:30 p.m.: Preparation of ACRS and availability of information permit. Reports (Open/Closed)—The Committee will Procedures for the conduct of and [FR Doc. 03–21525 Filed 8–21–03; 8:45 am] discuss proposed ACRS reports on matters participation in ACRS meetings were BILLING CODE 7590–01–P considered during this meeting. In addition, published in the Federal Register on October the Committee will discuss a proposed ACRS 11, 2002 (67 FR 63460). In accordance with report on safeguards and security matters those procedures, oral or written views may OFFICE OF PERSONNEL (Closed). be presented by members of the public, MANAGEMENT including representatives of the nuclear Friday, September 12, 2003, Conference industry. Electronic recordings will be Submission for OMB Review; Room T–2B3, Two White Flint North, permitted only during the open portions of Rockville, Maryland the meeting. Persons desiring to make oral Comment Request for a Revised 8:30 a.m.–8:35 a.m.: Opening Remarks by statements should notify the Associate Information Collection: SF–15, the ACRS Chairman (Open)—The ACRS Director for Technical Support named below Application for 10-Point Veteran Chairman will make opening remarks five days before the meeting, if possible, so Preference regarding the conduct of the meeting. that appropriate arrangements can be made to 8:35 a.m.–9:30 a.m.: Draft Final Revision 1 allow necessary time during the meeting for AGENCY: Office of Personnel to Regulatory Guide 1.53, ‘‘Application of the such statements. Use of still, motion picture, Management. Single Failure Criterion to Safety Systems’’ and television cameras during the meeting ACTION: Notice. (Open)—The Committee will hear may be limited to selected portions of the presentations by and hold discussions with meeting as determined by the Chairman. SUMMARY: In accordance with the representatives of the NRC staff regarding the Information regarding the time to be set aside Paperwork Reduction Act of 1995 (Pub. draft final revision 1 to Regulatory Guide for this purpose may be obtained by L. 104–13, May 22, 1995), this notice 1.53. contacting the Associate Director prior to the announces that the Office of Personnel 9:30 a.m.–11:15 a.m.: Preparation for meeting. In view of the possibility that the Management (OPM) intends to submit to Meeting with the NRC Commissioners schedule for ACRS meetings may be adjusted the Office of Management and Budget (Open)—The Committee will discuss by the Chairman as necessary to facilitate the proposed topics for discussion during the conduct of the meeting, persons planning to (OMB) a request for review of a revised ACRS meeting with the NRC Commissioners attend should check with the Associate information collection. The Application which is scheduled to be held on Director for Technical Support if such for 10-Point Veteran Preference Wednesday, October 1, 2003, between 9:30 rescheduling would result in major (Standard Form 15) is used by agencies, and 11:30 a.m. inconvenience. OPM examining offices, and agency 11:15 a.m.–11:30 a.m.: Subcommittee In accordance with subsection 10(d) Public appointing officials to adjudicate Report on Fire Protection Issues (Open)—The Law 92–463, I have determined that it is individuals’ claims for veterans’ Fire Protection Subcommittee Chairman will necessary to close portions of this meeting preference in accordance with the provide a brief report on matters discussed noted above to discuss and protect Veterans’ Preference Act of 1944. OPM during the September 9, 2003 meeting. information classified as national security 11:30 a.m.–12:15 p.m.: Future ACRS information pursuant to 5 U.S.C. 552b(c)(1). intends to update the form to reflect Activities/Report of the Planning and Further information regarding topics to be elimination of the Federal Personnel Procedures Subcommittee (Open)—The discussed, whether the meeting has been Manual and Standard Form 171 Committee will discuss the recommendations canceled or rescheduled, as well as the (Application for Federal Employment), of the Planning and Procedures Chairman’s ruling on requests for the and revised forms issued by the

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Department of Veterans Affairs used to Commission (‘‘Commission’’) raised in the comment letters and document service-connected Amendment No. 3 to the proposed rule discussions with Commission staff, the disabilities. change, as described in Items I, II, and BSE filed Amendment No. 3. The Approximately 4,500 forms are III below, which Items have been Commission is publishing this notice to completed annually. Each form takes prepared by the Exchange. The BSE solicit comments on Amendment No. 3 approximately 10 minutes to complete. submitted the proposed rule change to from interested persons. The annual estimated burden is 750 the Commission on October 31, 2002. I. Self-Regulatory Organization’s hours. On December 18, 2002, the BSE filed Statement of the Terms of Substance of Comments are particularly invited on: Amendment No. 1 that entirely replaced the Proposed Rule Change Whether this information is necessary the original rule filing.3 On January 9, for the proper performance of functions 2003, the BSE filed Amendment No. 2 As described in the BOX Proposing of OPM, and whether it will have that entirely replaced the original rule Release, the BSE proposes to create a practical utility; whether our estimate of filing and Amendment No. 1.4 new electronic options trading facility the public burden of this collection of Amendment No. 2 was published in the of the Exchange, called the Boston information is accurate, and based on Federal Register on January 22, 2003 Options Exchange (‘‘BOX’’). The text of valid assumptions and methodology; (‘‘BOX Proposing Release’’).5 The Amendment No. 3 to the proposed rule and ways in which we can minimize the Commission received 43 comment change is available for inspection at the burden of the collection of information letters.6 In response to the concerns Office of the Secretary, the BSE, the on those who are to respond, through Commission’s Public Reference Room, the use of appropriate technological 3 See Letter from George W. Mann, Jr., Executive and on the Commission’s Internet Web collection techniques or other forms of Vice President and General Counsel, BSE, to site (http://www.sec.gov/rules/sro/ Annette Nazareth, Director, Division of Market shtml). information technology. Regulation (‘‘Division’’), Commission, dated For copies of this proposal, contact December 18, 2002 (‘‘Amendment No. 1’’). II. Self-Regulatory Organization’s Mary Beth Smith-Toomey on (202) 606– 4 See Letter from George W. Mann, Jr., Executive Statement of the Purpose of, and 8358, FAX (202) 418–3251 or e-mail to Vice President and General Counsel, BSE, to Annette Nazareth, Director, Division, Commission, Statutory Basis for, the Proposed Rule [email protected]. Please be sure to dated January 8, 2003 (‘‘Amendment No. 2’’). Change include a mailing address with your 5 Securities Exchange Act Release No. 47186 In its filing with the Commission, the request. (January 14, 2003), 68 FR 3062 (‘‘BOX Proposing Release’’). Exchange included statements DATES: We will consider comments 6 See Letters to Jonathan G. Katz, Secretary, concerning the purpose of and basis for received on or before October 21, 2003. Commission, from Paul Fred, CEO, PFTC Trading, the proposed rule change and discussed ADDRESSES: Send or deliver written LLC, dated January 24, 2003; Myron Wood, any comments it received on the Statistician, Changes, LLC, dated January 30, 2003; comments to: Leah Meisel, Deputy Mike Ianni, dated February 2, 2003; Shawn Gibson, proposed rule change. The text of these Associate Director for Talent and Senior VP, Equity Derivatives, Scott & Stringfellow, statements may be examined at the Capacity Policy, U.S. Office of dated February 6, 2003; CSFB Next Fund, Inc., places specified in Item IV below. The Personnel Management, 1900 E Street Interactive Brokers Group, LLC, LabMorgan Exchange has prepared summaries, set Corporation, Salomon Brothers Holding Company, NW., Room 6551, Washington, DC Inc., UBS (USA) Inc., dated February 6, 2003; forth in sections A, B, and C below, of 20415. Sallerson-Troob, LLC, dated February 9, 2003; the most significant aspects of such Office of Personnel Management. Christopher D. Bernard, dated February 10, 2003; statements. George Papa, Director, PEAK6 Investments, dated Kay Coles James, February 10, 2003; Frank Hirsch, CBOE Market A. Self-Regulatory Organization’s Director. Maker, dated February 10, 2003; Richard W. Statement of the Purpose of, and [FR Doc. 03–21416 Filed 8–21–03; 8:45 am] Cusack, Operations Manager, Sparta Group of Statutory Basis for, the Proposed Rule Chicago, LP, dated February 11, 2003; Paul Britton, BILLING CODE 6325–38–P CEO, MAKO Global Derivatives LLC, dated Change February 11, 2003; John Colletti, Samuelson Trading, dated February 11, 2003; Robert S. Smith, 1. Purpose Chief Technology Officer, GETCO, LLC, dated As discussed in detail in the BOX SECURITIES AND EXCHANGE February 11, 2003; Phillip Sylvester, CBOE Market Proposing Release,7 the BSE proposes to COMMISSION Maker, dated February 11, 2003; Keith Fishe, DRW Holdings, LLC, dated February 11, 2003; Daniel C. [Release No. 34–48355; File No. SR–BSE– Bigelow, president, Monadnock Capital Barclay, General Counsel, Equitec Group, LLC, 2002–15] Management, dated February 11, 2003; Erich dated February 14, 2003; Michael J. Ryan, Jr., Tengelsen, Chicago Trading Company, dated Executive Vice President & General Counsel, Self-Regulatory Organizations; Notice February 12, 2003; Thomas Peterffy, Chairman, American Stock Exchange LLC (‘‘Amex’’), dated David M. Battan, Vice President and General February 14, 2003; Williams J. Brodsky, Chairman of Filing of Amendment No. 3 to the Counsel, Interactive Brokers LLC, dated February and Chief Executive Officer, Chicago Board Options Proposed Rule Change by the Boston 12, 2003; John T. Thomas, Van Der Moolen USA Exchange, Inc. (‘‘CBOE’’), dated February 14, 2003; Stock Exchange, Inc. Establishing LLC, dated February 12, 2003; Robert C. Sheehan, Paul Roesler, Lead Market Maker, Pacific Exchange, Trading Rules for the Boston Options Electronic Brokerage Systems LLC, dated February Inc. (‘‘PCX’’), dated February 14, 2003; Andrew W. 12, 2003; Thomas J. Murphy, TJM Investments, Lo, dated February 15, 2003; Nicholas Bonn, Exchange Facility LLC, dated February 12, 2003; Meyer S. Frucher, Executive Vice President, State Street Global Chairman and Chief Executive Officer, Philadelphia Markets, LLC, dated February 21, 2003; Robert August 15, 2003. Stock Exchange, Inc., dated February 12, 2003; Bellick, Christopher Gust, Wolverine Trading, LLC, Pursuant to section 19(b)(1) of the Michael Resch, dated February 12, 2003; Todd dated February 27, 2003; Philip D. DeFeo, Chairman Securities Exchange Act of 1934 Silverberg, General Counsel, Susquehanna and CEO, PCX, dated February 27, 2003; Thomas (‘‘Act’’),1 and Rule 19b–4 thereunder,2 International Group LLP, dated February 12, 2003; N. McManus, Executive Director and Counsel, Michael J. Simon, Senior Vice President and Morgan Stanley, dated March 3, 2003; Philip C. notice is hereby given that on August Secretary, International Securities Exchange, Inc. Smith, Jr., Vice President, Options, The Interstate 15, 2003, the Boston Stock Exchange, (‘‘ISE’’), dated February 12, 2003; Juan Carlos Group, dated March 7, 2003; Bryan Rule, dated Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with Pinilla, Managing Director, Equity Derivatives March 11, 2003; Michael J. Ryan, Jr., Executive Vice the Securities and Exchange Trading, JP Morgan, dated February 12, 2003; Marc President & General Counsel, Amex, dated March J. Liu, Options Specialist, AGS Specialist Partners, 13, 2003; David Hultman, dated March 25, 2003; dated February 12, 2003; Jan-Joris Hoefnagel, Stephen D. Barret, dated March 26, 2003; and John 1 15 U.S.C. 78s(b)(1). President, Optiver Derivatives Trading, dated Welker, June 11, 2003. 2 17 CFR 240.19b–4. February 13, 2003; Steve Tumen, CEO, and David 7 See supra note 5.

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establish rules for BOX,8 a new business or may conduct only either focus in the market place on corporate exchange facility, as that term is defined business. governance, and non-U.S. based market in Section 3(a)(2) of the Act.9 BOX Proposed definition (54) has been participants, the BSE has determined would be operated by Boston Options amended to state that ‘‘The term that these provisions would serve to add Exchange Group, LLC (‘‘BOX LLC’’). ‘‘Request for Quote’’ or ‘‘RFQ’’ shall important investor protections to the BOX would administer a fully mean a message that may be issued by BOX Market, while not limiting or automated trading system for an Options Participant in order to signal inhibiting the low barriers to access standardized equity options intended an interest in an options series and unique to BOX vis a vis the other for the use of Options Participants.10 It request a response from other options markets. would conduct an auction market Participants. The RFQ contains only the Proposed Chapter V, Section 9—The similar to the ones conducted by the series symbol and quantity and is BSE realizes that in this section it had options exchange markets currently in broadcast to all Participants.’’ This made a typographical error and used the operation, although the BOX auction definition was added in order to term ‘‘Market-On-Open’’ Order, while in would occur electronically and not on a delineate the meaning of the RFQ Chapter V, Section 14, the same order is floor. BOX would provide automatic function pursuant to its use under called a ‘‘Market-On-Opening’’ Order. order execution capabilities in the Chapter VI, Section 6(b)(ii). The BSE has corrected this error so that options securities listed or traded on the Proposed Chapter II, Section 2(b)—In the name of the order in Section 9 is BSE. order to eliminate any confusion that also ‘‘Market-On-Opening.’’ In addition, In Amendment No. 3, the BSE has may have arisen from the interpretation the BSE notes that it has not changed made certain minor changes, like of this rule regarding customer-carrying any other parts of this section, including renumbering and fixing typographical firms, the BSE has amended this paragraph (b), which states ‘‘BOX will errors. In addition, the BSE also paragraph so that Options Participants determine a single price at which a proposes the following, more must be registered as broker-dealers. particular series will be opened.’’ Additionally, as also discussed below substantive changes to the proposed Proposed Chapter V, Section 14—In under proposed Chapter XI, the BSE has rules set forth in the BOX Proposing this section, the BSE has changed the clarified that its sales practice rules Release. For ease of reference, the BSE name of the Market Order. Formerly, the (‘‘Doing Business with the Public’’) has referenced each section or BSE proposed to define a Market Order paragraph, which has been added to, or apply only to those Options Participants who are permitted under the BOX Rules as an order, which is ‘‘entered into the changed, in any substantial way. BOX Book and executed at the best Proposed Chapter I, Section 1 The to deal directly with the public, that is, OFPs. It was never the intention that price available in the market for the BSE proposes to add or amend the total quantity available from any contra following definitions: participation in BOX be limited to customer-carrying firms. bid(offer). Any residual volume is Proposed definition (21) has been automatically converted to a limit order amended to state ‘‘The term ‘‘Directed Proposed Chapter II, Section 2(e), (g), and (h)—In several places, the BSE has at the price at which the original market Order’’ means any Customer Order to order was exhausted.’’ Since this buy or sell which has been directed to added requirements regarding Options Participants. Primarily for the purpose definition differs from the commonly a particular Market Maker by an OFP.’’ of examinations, the BSE has set forth used concept of ‘‘market order’’ in the This definition was added in order to requirements for Options Participants U.S.-based options market, the BSE has clarify that an OFP may send an order who, though they must be U.S. changed the name of this order type to to BOX and have it routed to a registered broker-dealers, do not ‘‘BOX-Top’’ Order, to eliminate the particular Market Maker for an maintain an office within the United possibility of confusion on the part of opportunity for price improvement States and are responsible for preparing investors and other options market pursuant to proposed Chapter VI, and maintaining financial and other participants. The BOX Market will not Section 5. reports required to be filed with the have a ‘‘market order,’’ as that term is Proposed definition (46) has been Commission, BOXR, and the Exchange. typically used, that can be executed at amended to state that ‘‘The terms ‘Order In such cases, the Options Participant successive price levels. A BOX-Top Flow Provider’ or ‘OFP’ mean those must maintain all such documents in Order will not receive a price inferior to Options Participants representing as English and U.S. dollars, provide an that which a typical market order would agent Customer Orders on BOX and individual fluent in English and have received in the BOX Market. those non-Market Maker Participants knowledgeable in securities and Moreover, as a result of BOX’s trade- conducting proprietary trading.’’ This financial matters, and reimburse the through filter process (see discussion definition was amended in order to Exchange for any expense incurred in below of Chapter V, Section 16(b)) and clarify that OFPs may conduct business connection with examinations of the the Intermarket Linkage, no BOX-Top with the public on an agency basis and Participant to the extent that such Order will receive a price inferior to the may also conduct a proprietary trading expenses exceed the cost of examining national best bid or offer (‘‘NBBO’’). a Participant located within the Indeed, due to BOX’s Price 8 The term ‘‘BOX’’ means the Boston Options Improvement Period mechanism, orders Exchange or Boston Stock Exchange Options continental United States. Exchange, an options trading facility of the Also, the BSE has set forth that submitted to BOX have the potential to Exchange under Section 3(a)(2) of the Act. Proposed Options Participants must have as the be executed at a price superior to the BOX Rules, Chapter I, General Provisions, Section principal purpose of being an Options NBBO. 1(a)(6) (definition of ‘‘BOX’’). Participant the conduct of a public In addition, the BSE has clarified the 9 15 U.S.C. 78c(a)(2). 10 The term ‘‘Options Participant’’ or securities business. These requirements definition of Market-on-Opening Order ‘‘Participant’’ means a firm, or organization that is are consistent with those in place on by adding ‘‘any residual volume left registered with the Exchange pursuant to Chapter other options exchanges and which after part of a Market-on-Opening Order II of the BOX Rules for purposes of participating in have been previously approved by the has been executed is automatically options trading on BOX as an ‘‘Order Flow 11 Provider’’ or ‘‘Market Maker’’. See Proposed BOX Commission. In light of the current converted to a limit order at the price Rules, Chapter I, General Provisions, Section at which the original Market-on- 1(a)(39) (definition of ‘‘Options Participant’’). 11 See e.g., ISE Rule 301. Opening Order was executed.’’

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Proposed Chapter V, Section 16(b)— Proposed Chapter V, Section 17 (c)— agency order that is executable against The BSE has added to this section rules The BSE has eliminated the provision, such bid or offer.’’ These two governing the BSE’s proposed filtering which imposed a surcharge on Options alternatives are not applicable to Market of in-bound orders to prevent Participants that submitted orders on Makers, rather they must abide by the executions on the BOX at prices inferior behalf of broker-dealers in excess of two requirements of Chapter VI, Section 5(b) to the NBBO. All in-bound orders to times the number of Public Customer and (c), regarding Directed Orders, BOX from Customers as well as inbound contracts they executed in a given discussed below. The first alternative in Principal (‘‘P’’) and Principal as Agent month. Similar to the rationale for the this section requires exposing the order (‘‘P/A’’) orders received via the elimination of a charge to Market on the BOX Book for a period of thirty InterMarket Linkage will be filtered by Makers set forth in Chapter VI, Section seconds before attempting to execute BOX prior to entry on the BOX Book in 4(e), discussed below, the BSE is against it. Under the second alternative, order to ensure that these orders will concerned that such surcharges could be the OFP can execute the order not execute at a price outside the construed as a barrier to entry to BOX’s immediately on the BOX Book if that current NBBO (‘‘trade-throughs’’). In flat and open marketplace. OFP has been bidding or offering on the this manner, the BSE believes that it has Proposed Chapter V, Section 17, BOX Book for at least thirty seconds added an extra level of efficiency to its Supplementary Material .03— prior to receiving an agency order that BOX trading engine, which will serve to Concurrent with changes to certain is executable against such bid or offer. enhance both the best execution of sections regarding Information Barriers Additionally, the provisions state that orders as well as BOX’s participation in and Directed Orders (see discussion an OFP must not otherwise deliberately the Intermarket Linkage. The filter will below of Chapter VI, Section 5(c)), the attempt to effect a transaction, either operate by analyzing each in-bound BSE has added a provision detailing the under a single Participant or between Customer Order, P Order or P/A Order obligations of OFPs and Market Makers two Participants, without following PIP as follows: in regards to communications of procedures. With these provisions, the Step 1: The filter will determine if the information about orders being BSE is offering an OFP the flexibility of order is executable against the NBBO submitted to the PIP, or otherwise best-execution decision making, (by definition the answer is ‘‘yes’’ in the directed. The obligations are set forth as coupled with protections to ensure that case of a BOX-Top Order). follows: Information Barriers are not breached, • If NO, then the order would be Prior to submitting an order to a PIP, an and that Participants are not acting in placed on the BOX Book. OFP cannot inform an Options Participant of any way contrary to their customer’s • If YES, then the filter will proceed any of the terms of the order, except as best interests. to Step 2. provided for in Chapter VI, Section 5(c) of Proposed Chapter V, Section 18(e)— Step 2: The filter will determine these Rules. (See BSE Rules, Chapter II, In order to maximize the potential for whether there is a quote on BOX, which ‘‘Dealings on the Exchange’’, Section 36, price improvement of orders submitted is equal to the NBBO. ‘‘Specialist Member Organizations Affiliated to the PIP (which already, by definition, with an Approved Person’’). • If NO, then the order is exposed on price improves all orders by at least one the BOX Book at the NBBO for a period The BSE is confident that these cent better than the NBBO), the BSE is of three seconds, during which time any measures, along with other protections requiring that in order for a PIP to Options Participant may execute against set forth elsewhere in the BOX Rules, commence there be at least three Market the order. At the conclusion of the will ensure that adequate measures are Makers quoting in a relevant series at three-second period, if there is any in place to protect against the use or the time a Participant submits a Primary remaining quantity, the filter will misuse of any material, non-public Improvement Order to initiate a PIP. proceed to Step 3. information by any BOX Participant in The BSE is confident that this • If YES, then the order would regard to any order entrusted to him/ requirement will be easily satisfied, execute against the quote/orders on the her. given the accessibility to the BOX BOX Book. Proposed Chapter V, Section 18(b)— Market for Market Makers. Additionally, Step 3: If there is any unexecuted The Exchange is not changing or adding the BSE has clarified that a PIP will quantity at the end of three seconds, language to this section, but notes that commence upon the dissemination of a then: this section is not intended to replace broadcast message by BOX, which states • In the case of Public Customer best execution principles. Rather, the ‘‘(1) that a Primary Improvement Order orders, a P/A Order will be generated BSE is supplementing best execution has been processed by BOX, (2) which and sent to the away exchange that is standards by the language set forth contains information concerning series, displaying the NBBO. herein. size, price and side of market, and (3) • In the case of P and P/A Orders, any Proposed Chapter V, Section 18(c)— states when a PIP will conclude.’’ unexecuted portion will be returned to Similar to the above discussion, the BSE Proposed Chapter V, Section 18(g)— the originating exchange. has added language in this section The BSE has added a new paragraph to In determining the length of time for regarding orders for which matching Chapter V, Section 18. This new an exposure period for orders which business has been found. Previously, the paragraph provides that OFPs may might otherwise trade through NBBO, provision limited Participants to only access the PIP on behalf of customers but are ‘‘caught’’ by the filter, the BSE utilizing the PIP for these types of that are not broker-dealers (i.e., Public has determined that three seconds is orders. To allow more flexibility to Customers) via a new order type, the ample time, in an electronic trading OFPs, the BSE has determined that Customer PIP Order, or ‘‘CPO.’’ CPOs environment, for an Options Participant OFPs can execute such orders on the shall include terms that state a price in to match the NBBO in those instances BOX Book, but only after one of the standard increments (five or ten cents) in which BOX is not quoting at the following two prerequisites have been at which the order will be placed on the NBBO. This exposure period will give met ‘‘(i) agency orders are first exposed BOX Book, as well as a price in pennies all the BOX Market Makers, as well as to the BOX book for at least thirty (30) at which the Public Customer wishes to Participants in general, an opportunity seconds, or (ii) the OFP has been participate in any PIPs that may occur to trade at the NBBO should they choose bidding or offering on BOX for at least while his/her order is on the BOX Book. to do so. thirty (30) seconds prior to receiving an In order for a CPO to be eligible for

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participation in a PIP, the CPO must be cannot be both the Market Maker Prime Order, under proposed Section 5(c)(i) priced at or better than the NBBO. If a and the party who initiated the process the BSE would prohibit a Market Maker PIP commences in a relevant series and in the same PIP, thereby guarantying from rejecting a Directed Order. Under the CPO is at or better than the NBBO, receipt of more than 40% of any proposed Section 5(c)(ii), a Market then the OFP may, on behalf of the allocation resulting from that PIP, the Maker has only two choices when he Public Customer, submit the CPO to the BSE has added a provision that ‘‘the receives a Directed Order: (1) submit the PIP for participation. Upon submission, Market Maker Prime must not have order to the PIP process; or (2) send the the CPO will be treated similar to a submitted the Primary Improvement order back to BOX for placement onto Market Maker Improvement Order in Order to commence the relevant PIP.’’ the BOX Book. If a Market Maker the PIP; however, its terms cannot be Proposed Chapter V, Section chooses to submit the Directed Order to cancelled or amended during the PIP. 27(b)(i)—In order to remain consistent the PIP process and he is currently The BSE believes that this provision with similar rules regarding Complex quoting at a price equal to the NBBO, he will permit Public Customers greater Orders on other options exchanges, the must not adjust his quote prior to control and flexibility in how their BSE has added an exception which sets submitting such Directed Order to the orders are handled on BOX. Public forth that Complex Orders with net PIP process. Customers will now be able to price increments that are not multiples Proposed Section 5(c)(iii) addresses participate in PIPs. In addition, the BSE of the minimum increments are not the requirements when a Market Maker believes that offering to OFPs the entitled to trade ahead of other interest chooses not to enter the Directed Order prospect of this service on behalf of at the BOX best bid and offer. into the PIP process, and therefore, must Public Customers will serve to increase Proposed Chapter VI, Section 4 (e)— send the Directed Order to BOX for the number of Participants competing in The BSE deleted the provision, which placement on the BOX Book. The PIPs, ultimately leading to greater price imposed a monetary penalty on Market following steps describe the Directed improvement for orders on BOX. Makers who transacted business in Order process from this point: The additions are as follows: classes outside of their appointments. Step 1: Does the Market Maker who is (a) ‘‘OFPs may provide access to the Rather than a specific monetary penalty, sending the Directed Order to BOX have PIP on behalf of a customer that is not which may have been construed as a a quote on the opposite side of the a broker-dealer (‘‘Public Customer’’) in barrier to entry to the BOX Market, the Directed Order equal to the NBBO? the form of a Customer PIP Order BSE has chosen to mirror provisions • If YES, then proceed to Step 4. (‘‘CPO’’) provided that: common on other options exchanges • If NO, then proceed to Step 2. i. The terms of each CPO shall include that permit Market Makers to trade Step 2: The Market Maker would a price stated in rounded five cent or ten outside of their appointments. This submit the Directed Order to BOX. The cent increments, as appropriate, amendment also sets forth an execution BOX trading engine would determine if (‘‘standard tick’’) at which the order percentage requirement that Market the Directed Order were executable shall be placed in the BOX Book (‘‘BOX Makers must meet within the classes to against the NBBO (the answer is ‘‘yes’’ Book Reference Price’’) as well as a which they are appointed. The in the case of a Directed Order that is specific price stated in one cent additions are as follows: also a BOX-Top Order). • increments (‘‘penny tick’’) at which the Market Makers may transact business If NO, then BOX would place the Public Customer wishes to participate in outside of their appointments, but the total Directed Order on the BOX Book to be any PIPs (‘‘CPO PIP Reference Price’’) number of contracts executed during a treated as any other order. that may occur while his order is on the quarter by a Market Maker in options classes • If YES, then BOX would proceed to BOX Book and displayed at the BOX to which it is not appointed may not exceed Step 3. twenty-five percent (25%) of the total Book Reference Price; Step 3: BOX would determine number of contracts traded by such Market whether there are any quotes/orders on ii. The terms of each CPO shall Maker. include a specific order size (‘‘CPO the BOX Book, which are equal to the Total Size’’). The number of contracts Proposed Chapter VI, Section 5(b) and NBBO. that may be entered into a PIP must be (c); Section 10(g) and (h)—To clarify the • If NO, then BOX would submit the equal to the lesser of (a) the CPO Total intention that Market Makers would be Directed Order to the trade-through Size remaining on the BOX Book or (b) able to handle orders on an agency basis filter process pursuant to proposed the size of the Primary Improvement directed to them by OFPs, the BSE has Chapter V, Section 16(b), described Order submitted to the PIP; changed ‘‘Customer Order’’ to ‘‘Directed above. iii. In order for the CPO to be eligible Order’’ throughout Section 5, as well as • If YES, then BOX would execute the for participation in a PIP in the subject in Section 10, which addresses Directed Order against the quotes/orders options series, the BOX Book Reference Information Barriers. As previously on the BOX Book. If there is still any Price for a CPO at the time a PIP discussed above, in the Definitions quantity remaining of the Directed commences must be equal to the NBBO. section of Chapter I, a Directed Order Order, it would be filtered against iv. The CPO may only participate in would be defined as an order directed trading through the NBBO according to a PIP on the same side of the market as to a Market Maker by an OFP. An OFP the procedures set forth in Chapter V, the Primary Improvement Order. would send a Directed Order to BOX Section 16(b) of these Rules and, if v. Upon initiation of a PIP for which with a designation of the Market Maker applicable, placed on the BOX Book. a CPO is eligible to participate pursuant to whom the order is to be directed. Step 4: If a Market Maker’s quote on to paragraphs (i)–(iv) above, the OFP BOX would route the Directed Order to the opposite side of the market from the who submitted the CPO to the BOX the appropriate Market Maker. Directed Order is equal to the NBBO, Book must submit a CPO to the PIP at Proposed Sections 5(b) and (c) then the Market Maker would determine the CPO PIP Reference Price. concern the requirements for a Market if the Directed Order is executable vi. The terms of any CPO submitted Maker who would handle a Directed against the NBBO. to a PIP may not be amended or Order. To address any concerns • If NO, then the Market Maker must cancelled at any time during a PIP.’’ regarding informational barriers and the send the Directed Order to BOX for Proposed Chapter V, Section 19(a)— transfer of information, intended or not, placement on the BOX Book to be To clarify that a Market Maker Prime which may accompany a Directed treated as any other order.

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• If YES, then the Market Maker must BOX would immediately execute any a. The Trading Host will determine if guarantee execution of the Directed orders on the BOX Book, including the Directed Order is executable against Order at the current NBBO for at least those submitted in response to the DOB, the NBBO. the size of his current quote. This against the Directed Order on a price- 1. If the order is not executable guarantee would be defined as a time priority basis. However, the BOX against the NBBO, then the Trading Guaranteed Directed Order (‘‘GDO’’). trading engine would ensure that the Host will enter the Directed Order onto Step 5: The Market Maker must then GDO would yield priority to all such the BOX Book for processing consistent immediately send the Directed Order competing orders at the same price. If with all non-executable orders. and the GDO to BOX. there is still any quantity remaining of 2. If the Directed Order is executable Step 6: Upon receipt of the Directed the Directed Order, it would be filtered against the NBBO, then the Trading Order and the GDO, BOX would execute against trading through the NBBO Host will determine if there are any the Directed Order against any quotes/ according to the procedures set forth in orders on the BOX Book equal to the orders already on the BOX Book, except Chapter V, Section 16(b) of these Rules NBBO. the quote of the Market Maker who and, if applicable, placed on the BOX i. If there are no orders on the BOX submitted the Directed Order and GDO. Book. Book equal to the NBBO, then the Step 7: If there were any quantity The BSE believes that use of the DOB Trading Host will filter the Directed remaining of the Directed Order, then and the exposure of the Directed Order Order against trading through the NBBO BOX would send to all BOX Participants to the BOX market will serve to ensure according to the procedures set forth in a Directed Order Broadcast (‘‘DOB’’) that a Market Maker would not be able Chapter V, Section 16(b) of these Rules. message indicating the side (buy/sell), to act against the Directed Order using ii. If there are orders on the BOX Book remaining size, and guaranteed price of any privileged or other information equal to the NBBO, then the Trading the Directed Order. Host will execute the Directed Order Step 8: The Market Maker would be regarding that order. In addition, the BSE has eliminated the exemption in against those orders. Any remaining prohibited from executing for his quantity will be filtered against trading proprietary account against the Directed Section 10(g) and amended Section 10(h) in order to clarify that Market through the NBBO according to the Order for at least three seconds. During procedures set forth in Chapter V, that time the Market Maker would not Makers must comply with all provisions of the Section 10 when they receive and Section 16(b) of these Rules and, if be allowed to decrement the size or applicable, placed on the BOX Book. worsen the price of his GDO. However, handle Directed Orders. In total, these amendments will ensure that Directed (2) If the Market Maker’s quotation on he would be able to increase the size of the opposite side of the market from the his GDO or improve its price (in Orders are not disadvantaged or treated inconsistent with the BOX or BSE Rules. Directed Order is equal to the NBBO, standard five or ten cent increments then the Market Maker will determine if only). During that period, any BOX The pertinent rule additions are as the Directed Order is executable against Participant, except the Market Maker follows: Section 5— the NBBO. who submitted the Directed Order to (c) When acting as agent for a Directed a. If the order is not executable against BOX, may submit an order to the BOX Order, a Market Maker must comply the NBBO, then the Market Maker must Book in response to the DOB. Such a with subparagraphs (i)–(iii) of this send the Directed Order to BOX for DOB response order would be treated as Paragraph (c). placement on the BOX Book for a BOX Limit Order. During that three- i. A Market Maker that receives a processing consistent with all non- second period, any order submitted to Directed Order shall not, under any executable orders. the BOX Book that matches any order(s) circumstances, reject the Directed b. If the order is executable against the on the BOX Book, except the Market Order. NBBO, then the Market Maker shall Maker’s GDO, would be executed. ii. Upon receipt of a Directed Order a guarantee execution of the Directed If the Market Maker received a Market Maker must either: Order at the current NBBO for at least subsequent Directed Order during this (1) Submit the Directed Order to the the size of his quote. This guarantee period, pursuant to subparagraphs (c)(ii) PIP process, pursuant to Chapter V, shall be called a Guaranteed Directed and (iii), he would be able to either Section 18 of these Rules. Under this Order (‘‘GDO’’). The Market Maker must submit it to the PIP process or send it option, if the Market Maker is currently immediately send the Directed Order to the BOX Book, following the same quoting at a price on the opposite side with the GDO to the Trading Host. process as for the first Directed Order. of the Directed Order equal to the 1. The Market Maker who submitted BOX would process any subsequent NBBO, he is prohibited from adjusting the Directed Order and the GDO to the Directed Orders in sequence as they are his quotation prior to submitting the Trading Host: submitted to BOX for either the PIP Directed Order to the PIP process. i. Shall not submit to the BOX Book process or for placement on the BOX -or- a contra order to the Directed Order for Book. Any remaining quantity of a his proprietary account until the (2) Send the Directed Order to the Directed Order that may be placed on Directed Order is released to the BOX BOX Book pursuant to subparagraph the BOX Book, such as at the end of Book pursuant to subparagraph (c)(iii) below. either step 3 (above) or step 9 (below), (c)(iii)(2)(b)(4) below. is treated like other orders placed on the iii. When a Market Maker chooses not ii. Shall not decrement the size or BOX Book. Therefore, the remaining to enter the Directed Order into the PIP worsen the price of his GDO. quantity may execute against another process, and therefore, must send the iii. May increase the size of his GDO. Directed Order on the opposite side of Directed Order to BOX for placement on iv. May improve the price of his GDO the market, whether that second the BOX Book, the following (only in five or ten cent minimum Directed Order is submitted to the PIP requirements shall apply: trading increments, as applicable process or placed on the BOX Book. (1) If the Market Maker’s quotation on pursuant to Chapter V, Section 6 of Step 9: Three seconds after sending the opposite side of the market from the these Rules). the DOB, BOX would release the Directed Order is not equal to the v. Upon receipt of a subsequent remaining quantity of the Directed NBBO, then the Market Maker must Directed Order, may either submit it to Order to the BOX Book. At that time, send the Directed Order to BOX. the PIP process or send it to the BOX

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Book pursuant to subparagraphs (c)(ii) responsibilities added to this section Market Maker (‘‘BEMM’’) 13 may submit and (iii). will serve to guarantee that Market a P order to the BOX trading engine for 2. Upon receipt of the Directed Order, Makers provide liquidity to the market, routing to one or more away markets the Trading Host will execute the and do so on a continuous basis. provided the following conditions are Directed Order against any matching The added language to Section 6(b) is satisfied: • orders on the BOX Book, except the set forth as follows: The BEMM is a BOX Market Maker order of the Market Maker who on the class for which the P order is submitted the Directed Order. ii. If a Market Maker is not already posting submitted. 3. If there is any quantity remaining a valid (i.e. for ten contracts, within the legal • The BEMM has complied with the width of the market, as applicable) two-sided of the Directed Order, then BOX will quote in a series in a class in which he is Plan’s ‘‘80/20 rule’’ for the previous send to all BOX Participants a Directed calendar quarter. appointed as Market Maker, he must post a • Order Broadcast (‘‘DOB’’) message valid two-sided quote within fifteen (15) Prior to sending the P order, the indicating the side (buy/sell), remaining seconds of receiving any RFQ message BEMM is posting a bid and an offer for size, and guaranteed price of the issued. The valid two-sided quote so posted at least ten contracts within the Directed Order. For the following three must be retained by the Market Maker for at allowable price spread for the class. seconds, any BOX Participant, except least thirty (30) seconds. Provided the above conditions are the Market Maker who submitted the iii. Every RFQ message issued, and every met, the BOX trading engine would Directed Order, may submit an order to responsive quote, must be for a minimum automatically route the BEMM’s P order the BOX Book in response to the DOB. size of at least ten contracts, and must be to the designated exchange and transmit within the legal width of the market, as back any responses (e.g., order Such a DOB response order will be applicable. treated as a BOX Limit Order. executions, rejections) that BOX 4. During the three-second period In paragraph (f) the BSE has changed receives from the away market via OCC. following the DOB, any order submitted the time period to six months for which P Orders Sent From Away Markets to to the BOX Book that matches an order the Board would have exemptive BOX. Orders sent to BOX by Eligible already on the BOX Book will be authority to grant Market Makers Market Makers (as set forth in the Plan) executed. Three seconds after the DOB, exemptions from the requirements of from away exchanges via the Linkage the Trading Host will release the paragraph (e)(iii) of this Section 6. are processed as though they were remaining quantity of the Directed Proposed Chapter VIII, Section 7— orders received directly from a BOX Order to the BOX Book. At that time, the The BSE has added anti-money Participant. That is, these orders would execute automatically on the BOX Trading Host will immediately execute laundering provisions similar to the trading engine against any orders on the any orders on the BOX Book against the rules in place on other exchanges. Directed Order on a price-time priority BOX Book up to either the quantity on Proposed Chapter XI—To clarify that basis. The GDO shall yield priority to all the BOX Book at that price or the actual OFPs, as opposed to Options such competing orders at the same quantity of the P order, whichever is Participants generally, are the only price. Any remaining quantity of the less, but in no event for less than ten types of Participants that can deal Directed Order will be filtered against contracts. BOX would automatically directly with the public, the BSE has trading through the NBBO according to attempt to fill any remaining quantity by the procedures set forth in Chapter V, changed the references to ‘‘Options exposing the unexecuted portion at the Section 16(b) of these Rules and, if Participants’’ to ‘‘OFPs’’ throughout NBBO for three seconds to all BOX applicable, placed on the BOX Book. Chapter XI, ‘‘Doing Business with the Participants. Proposed Chapter VI, Section 6(b) and Public.’’ Principal-as-Agent (‘‘PA’’) Orders (f)—BOX Market Makers undertake a Proposed Chapter XII—As with all Sent From BOX to Away Markets. To meaningful obligation to provide options exchanges, the BSE is adding ensure that there is an Eligible Market continuous two-sided markets. These Intermarket Linkage Rules to the BOX Maker per Eligible Class (as those terms obligations include the requirement that Rules. These rules are substantially are defined in the Plan) for the quotations be for a size of at least ten similar to the rules in place on all of the submission of PA and Satisfaction contracts, and within the legal width of options exchanges. Several Comment orders to away markets, BOX would the market. Under the amendments to Letters expressed concern regarding specifically designate a BEMM in each the proposed rules, a Market Maker BOX’s participation in the Intermarket Eligible Class traded on BOX must respond to a Request for Quote Linkage Plan. Subject to Commission responsible for such orders. The BEMM (‘‘RFQ’’) message within fifteen seconds, approval, BOX, through the BSE, would would adhere to the responsibilities of with a similarly valid quotation. The become a full participant in the an Eligible Market Maker as set forth in Exchange believes that this fifteen- Intermarket Linkage Plan (‘‘Linkage’’ or the Plan. second period is ample time for a ‘‘Plan’’) for the options markets. As Only orders submitted by BOX Market Maker to respond in an such, BSE would comply with the Participants on behalf of Public automated market, particularly given obligations of the Plan and has added Customer accounts may generate a PA other BOX features, such as the PIP, Intermarket Linkage Rules to the BOX order. Each Public Customer order is which require a much shorter response Rules. The following is an overview of checked against the NBBO using BOX’s time. Nevertheless, realizing that an how the BOX Market would interact in trade-through filter mechanism as set RFQ may require a Market Maker to the Plan and is not intended to be a forth in chapter V, section 16(b) furnish a quote where he might not comprehensive discussion of how the (described above). If BOX is not otherwise choose to, the BSE is proposed Intermarket Linkage Rules of matching the away best price, the order proposing that fifteen seconds is a Chapter XII of the BOX Rules 12 apply to is exposed to BOX Participants for three sufficient amount of time in which to Options Participants: seconds at the NBBO price. At the end of this three-second enable a Market Maker to generate a Principal (‘‘P’’) Orders Sent From period, if the order is not fully executed meaningful quotation response. BOX to Away Markets. A BOX Eligible Although the BSE is confident that it 13 A BOX Market Maker who meets the has provided a marketplace, which will 12 See Proposed BOX Rules, Chapter XII requirements of an Eligible Market Maker as set be robust and liquid, the delineated (Intermarket Linkage Rules). forth in the Plan.

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and a better price exists at an away one other options exchange,14 the BSE III. Date of Effectiveness of the exchange(s), a PA order is generated proposes to require that BOX Proposed Rule Change and Timing for automatically by the BOX and routed to Participants and associated persons, Commission Action the away exchange with the required among other things, adhere to the BEMM, clearing and valid-clearing-firm requirements of either the New York Within 35 days of the date of (‘‘VCF’’) information included. Each Stock Exchange (‘‘NYSE’’) or the publication of this notice in the Federal execution received from an away Chicago Board Options Exchange Register or within such longer period (i) exchange results in the automatic (‘‘CBOE’’), as those rules may be in as the Commission may designate up to generation of a trade execution on BOX existence from time to time. 90 days of such date if it finds such between the original Public Customer Additionally, in order to ensure that the longer period to be appropriate and Order and the BEMM. BOX Rules adequately address publishes its reasons for so finding, or PA Orders Sent From Away Markets situations involving Joint Back Office (ii) as to which the Exchange consents, to BOX. In the case when BOX receives (‘‘JBO’’) arrangements for Participants the Commission will: PA orders from away markets, but BOX who are not an NYSE member and have (A) by order approve such proposed is no longer quoting at the NBBO, then elected to be bound by CBOE margin rule change, or such PA orders are filtered against requirements, the BSE has included in trade-throughs in the same manner as (B) institute proceedings to determine the BOX margin requirements a set of whether the proposed rule change Public Customer orders submitted by rules specifically addressing JBO BOX Participants as set forth in Chapter should be disapproved. arrangements. In this way, the Exchange V, section 16(b), described above. If is ensuring that its margin rules cross- IV. Solicitation of Comments their execution would cause a trade- through, the PA orders are exposed to reference other exchanges’ rules as Interested persons are invited to BOX Participants for three seconds at appropriate, and, where not sufficient, submit written data, views, and the NBBO price. If PA orders are not adequately provide for the necessary arguments concerning Amendment No. fully executed at the end of this period, requirements. 3, including whether Amendment No. 3 the residual quantity is canceled back to 2. Statutory Basis is consistent with the Act. Persons the originating away exchange. In this making written submissions should file manner, PA orders are afforded the The Exchange believes that the six copies thereof with the Secretary, same opportunity for execution as Box proposed rule change, as amended, is Securities and Exchange Commission, Public Customer orders. consistent with the requirements under 450 Fifth Street, NW., Washington, DC Satisfaction (‘‘S’’) Orders Sent From Section 6(b) of the Act,15 in general, and 20549–0609. Copies of the submission, BOX to Away Markets. Each BOX furthers the objective of Section 6(b)(5) all subsequent amendments, all written Participant may request, on behalf of a of the Act,16 in particular, in that it is statements with respect to the proposed Public Customer, that BOX route an S designed to prevent fraudulent and rule change that are filed with the order to an away market for orders on manipulative acts and practices, to Commission, and all written BOX that were traded through by the promote just and equitable principles of communications relating to the away market. BOX would systemically trade, to foster cooperation and proposed rule change between the verify the validity of the request (e.g., as coordination with persons engaged in Commission and any person, other than to Public Customer status, time stamp of regulating, clearing, settling, processing those that may be withheld from the order prior to report of trade-through), information with respect to, and public in accordance with the and, if valid, generate an S order with facilitating transaction in securities, to provisions of 5 U.S.C. 552, will be the required BEMM, clearing and VCF remove impediments to and perfect the available for inspection and copying in information included. As execution mechanism for a free and open market the Commission’s Public Reference confirmation is received from the away and a national market system, and, in market, the BOX trading engine would Room. Copies of such filings will also be general, to protect investors and the available for inspection and copying at automatically generate offsetting trades public interest. between the original BOX Public the principal office of the Exchange. All Customer order and the BEMM. B. Self-Regulatory Organization’s submissions should refer to File No. SR–BSE–2002–15 and should be Satisfaction Orders Sent From Away Statement on Burden on Competition submitted by September 12, 2003. Markets to BOX. S orders received from The Exchange does not believe that away markets are systemically verified For the Commission, by the Division of (e.g., as to Public Customer status, time the proposed rule change, as amended, Market Regulation, pursuant to delegated of trade-through on BOX). Once will impose any burden on competition authority.17 verified, the BOX Participant that that is not necessary or appropriate in Margaret H. McFarland, furtherance of the purposes of the Act. caused the trade-through is identified Deputy Secretary. and, within three minutes, the S order C. Self-Regulatory Organization’s [FR Doc. 03–21450 Filed 8–21–03; 8:45 am] is executed against that BOX Statement on Comments on the BILLING CODE 8010–01–P Participant. Where there were multiple Proposed Rule Change Received from S orders, the executions are made pro Members, Participants, or Others rata with the total not to exceed the lesser of the trade, which caused the The Exchange did not solicit or trade-through or the total quantity of the receive written comments on the S orders. proposed rule change, as amended. Proposed Chapter XIII—The BSE is adding a new Chapter, entitled ‘‘Margin 14 See e.g., ISE Rule 1202. Requirements,’’ to its proposed BOX 15 15 U.S.C. 78f(b). Rules. Similar to the approach of at least 16 15 U.S.C. 78f(b)(5). 17 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Auto-Ex trade should be adjusted to security during the time period COMMISSION reflect accurately the market quote encompassing two minutes before and at the time of execution. This will after the erroneous print, by an amount [Release No. 34–48342; File No. SR–PCX– 2002–01] result in public customers and at least five times greater than the market makers receiving correct average quote width for such underlying Self Regulatory Organizations; Notice fills at prevailing market quotes security during the time period of Filing of Proposed Rule Change and through Auto-Ex.] encompassing two minutes before and Amendment Nos. 1 and 2 Thereto by (1) Mutual Agreement: The after the erroneous print. For purposes the Pacific Exchange, Inc., Relating to determination as to whether an Auto-Ex of this Rule, the average trade in the Procedures for Obvious Errors in trade was executed at an erroneous underlying security shall be determined Options Transactions price may [is to] be made by mutual by adding the prices of each trade agreement of the affected parties to a during the four minute time period August 14, 2003. particular transaction. A trade may be referenced above (excluding the trade in Pursuant to Section 19(b)(1) of the nullified or adjusted on the terms that question) and dividing by the number of Securities Exchange Act of 1934 all parties to a particular transaction trades during such time period (‘‘Act’’),1 and Rule 19b–4 thereunder,2 agree. In the absence of mutual (excluding the trade in question); or notice is hereby given that on January 3, agreement by the parties, a particular D. The trade resulted from an 2002, the Pacific Exchange, Inc. (‘‘PCX’’ trade may only be nullified or adjusted erroneous quote in the Primary Market or ‘‘Exchange’’) filed with the Securities when the transaction results from an (as defined in Rule 6.1(b)(27)) for the and Exchange Commission Obvious Error as provided in this Rule. underlying security that has a width of (‘‘Commission’’) the proposed rule [two Floor Officials. In making their at least $1.00 and that width is at least change as described in Items I, II, and determination, the Floor Officials five times greater than the average quote III below, which Items have been should consider such factors as: width for such underlying security prepared by the Exchange. On July 28, (1) the length of time the allegedly during the time period encompassing 2003, the Exchange submitted incorrect quote was displayed; two minutes before and after the Amendment No. 1 to the proposed rule (2) whether any non-Auto-Ex tracks dissemination of such quote. For the change.3 On August 8, 2003, the were effected at the same price as the purposes of this rule, the average quote Exchange submitted Amendment No. 2 Auto-Ex transaction; and width shall be determined by adding the to the proposed rule change.4 The (3) whether any members of the quote widths of each separate quote Commission is publishing this notice to trading crowd were aware of orders during the four minute time period solicit comments on the proposed rule actively being represented in the trading referenced above (excluding the quote in change, as amended, from interested crowd that appear to have been ‘‘printed question) and dividing by the number of persons. through’’ by the Auto-Ex trade.] quotes during such time period (2) Obvious Error Subject to Trade (excluding the quote in question); or I. Self-Regulatory Organization’s Nullification or Price Adjustment: E. The execution price of the trade is Statement of the Terms of Substance of Absent mutual agreement as provided higher or lower than the mid-point of the Proposed Rule Change in Rule 6.87(g)(1), parties to a trade may the Best Bid and Offer (among all of the The Exchange is proposing to define have a trade nullified or its price exchanges other than the PCX) by an an ‘‘obvious error’’ for options adjusted if: (i) any such party makes a amount equal to at least the bid/ask transactions and establish a procedure documented request within the time spread provided in Rule 6.37(b)(1), or, to follow in the event of an obvious specified in Rule 6.87(g)(3); and (ii) one in the event where the bid/ask spread in error. Proposed new language is of the conditions below is met: the underlying is greater than the bid/ italicized; proposed deletions are in A. The trade resulted from a verifiable ask spread set forth in Rule 6.37(b)(1), brackets. disruption or malfunction of an by an amount as set forth in Rule 6.37 Exchange execution, dissemination, or * * * * * (b)(3). For the purpose of this Rule 6.87 (g) Trade Nullification and communication system that caused a calculation, the Exchange will not apply Price Adjustment Procedures [Price quote/order to trade in excess of its a wider bid/ask spread as provided for Adjustments. Due to instantaneous disseminated size (e.g. a quote/order LEAPS or for options subject to unusual execution, an incorrect quote that is frozen, because of an Exchange market conditions; F. The trade resulted in an execution appearing on a screen may result in system error, and repeatedly traded) in price in a series quoted no bid and at an Auto-Ex trade at an incorrect which case trades in excess of the least one strike price below (for calls) or price. An Auto-Ex trade executed at disseminated size may be nullified; or B. The trade resulted from a verifiable above (for puts) in the same class were an erroneous quote should be disruption or malfunction of an quoted no bid at the time of the treated as a trade reported at an Exchange dissemination or erroneous execution. erroneous price. The price of the communication system that prevented a G. The trade is automatically member from updating or canceling a executed at a price where the Market 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. quote/order for which the member is Maker sells $0.10 or more below parity. 3 See Letter from Mai S. Shiver, Senior Attorney, responsible where there is Exchange Parity describes an option contract’s Regulatory Policy, Exchange, to Nancy J. Sanow, documentation providing that the total premium when that premium is Assistant Director, Division of Market Regulation member sought to update or cancel the equal to its intrinsic value. Parity for (‘‘Division’’), Commission, dated July 25, 2003 quote/order; or calls is measured by reference to the (‘‘Amendment No. 1’’). Amendment No. 1 supersedes and replaces the proposed rule change C. The trade resulted from an offer price of the underlying security in in its entirety. erroneous print disseminated by the the primary market at the time of the 4 See Letter from Mai S. Shiver, Senior Attorney, underlying market which is later transaction minus the strike price for Regulatory Policy, Exchange, to Nancy J. Sanow, cancelled or corrected by the underlying the call. Parity for puts is measured by Assistant Director, Division, Commission, dated August 7, 2003 (‘‘Amendment No. 2’’). Amendment market where such erroneous print the strike price of an underlying security No. 2 supersedes and replaces the proposed rule resulted in a trade higher or lower than minus its bid price in the primary change and Amendment No. 1 in their entirety. the average trade in the underlying market at the time of the transaction.

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(3) Obvious Error Procedure. Two .03 Nothing in this rule prevents a Exchange execution, dissemination, or Floor Officials will administer the potentially aggrieved party from communication system that caused a application of this Rule as follows: appealing the decision of two Floor quote/order to trade in excess of its A. Notification. If a Member on the Officials pursuant to Rule 11 of the disseminated size (e.g., a quote/order Exchange believes that it participated in Exchange rules. that is frozen, because of an Exchange a transaction that was the result of an * * * * * system error, and repeatedly traded) in Obvious Error, it must notify two Floor which case trades in excess of the Officials within five (5) minutes of the II. Self-Regulatory Organization’s disseminated size may be nullified; or execution. If an Order Entry Firm Statement of the Purpose of, and • The trade resulted from a verifiable representing a public customer believes Statutory Basis for, the Proposed Rule disruption or malfunction of an an order it executed on the Exchange Change Exchange dissemination or was the result of an Obvious Error, it In its filing with the Commission, the communication system that prevented a must notify the Exchange within twenty Exchange included statements member from updating or canceling a (20) minutes of the execution. Absent concerning the purpose of, and basis for, quote/order for which the member is unusual circumstances, two Floor the proposed rule change and discussed responsible where there is Exchange Officials will not grant relief under this any comments it received on the documentation providing that the Rule unless notification is made within proposed rule change. The text of these member sought to update or cancel the the prescribed time periods. quote/order; or statements may be examined at the • B. Adjust or Nullify. Two Floor places specified in Item IV below. The The trade resulted from an Officials will determine whether the Exchange has prepared summaries, set erroneous print disseminated by the execution is subject to a trade forth in Sections A, B, and C below, of underlying market which is later nullification or price adjustment. If two the most significant aspects of such cancelled or corrected by the underlying Floor Officials determine that one of the statements. market where such erroneous print conditions of Rule 6.87(g)(2) has been resulted in a trade higher or lower than met and that the complaining party has A. Self-Regulatory Organization’s the average trade in the underlying timely documented a request for relief, Statement of the Purpose of, and security during the time period then a trade will be adjusted or nullified Statutory Basis for, the Proposed Rule encompassing two minutes before and as follows: Change after the erroneous print, by an amount (1) Where each party to the 1. Purpose at least five times greater than the transaction is a Market Maker on the average quote width for such underlying Exchange, or the trade involves a limit While the Exchange believes that it security during the time period order that may be adjusted to its limit, would be detrimental to allow market encompassing two minutes before and the Exchange will adjust the execution participants to adjust or nullify trades after the erroneous print. For purposes price of the transaction within ten (10) simply because they are based on poor of the proposed rule, the average trade minutes of two Floor Officials making trading decisions, it does believe that in the underlying security shall be such determination. In such case, the just and equitable principles of trade determined by adding the prices of each adjusted price will be the last bid (offer) permit such adjustments or trade trade during the four minute time price, just prior to the trade, from the nullifications where one market period referenced above (excluding the exchange providing the highest total participant would receive a windfall at trade in question) and dividing by the contract volume in the option for the the expense of another market number of trades during such time previous sixty (60) days with respect to participant that made an obvious error. period (excluding the trade in question); an erroneous bid (offer) entered on the In promulgating the basis for or • Exchange. If there is no quote for determining whether to adjust or nullify The trade resulted from an comparison purposes, then the adjusted trades based upon obvious error, the erroneous quote in the Primary Market price of an option will be determined by Exchange believes that it must rely on (as defined in Rule 6.1(b)(27)) for the two Floor Officials; or objective standards to establish when a underlying security that has a width of (2) Where at least one party to the transaction was clearly the result of an at least $1.00 and that width is at least transaction is not a Market Maker on the obvious error, under what five times greater than the average quote Exchange or where the trade does not circumstances a trade will be adjusted width for such underlying security involve a limit order that may be or nullified, and to what price a trade during the time period encompassing adjusted to its limit, the Exchange will will be adjusted if adjustment is two minutes before and after the nullify the transaction within ten (10) appropriate under the circumstances. dissemination of such quote. For minutes of two Floor Officials making As proposed, the affected parties to a purposes of the proposed rule, the such determination. particular transaction may determine, average quote width shall be determined (3) Upon taking final action, the two by mutual agreement, that an electronic by adding the quote widths of each Floor Officials will promptly notify both trade was executed at an erroneous separate quote during the four minute parties to the trade. price and they may adjust the terms or time period referenced above (excluding nullify the trade as they agree. In the the quote in question) and dividing by Commentary absence of mutual agreement by the the number of quotes during such time .01 In no case will the two Floor parties, the proposed rule provides that period (excluding the quote in Officials involved in an obvious error two trading officials may nullify or question); or determination include a person related adjust a trade if an affected party • The execution price of the trade is to a party to the trade in question. provides a documented request for relief higher or lower than the mid-point of .02 All determinations made by the within five minutes of the execution (or the Best Bid and Offer (among all of the two Floor Officials under subsection 20 minutes if the request is on behalf of exchanges other than the PCX) by an (g)(2) will be rendered without prejudice a public customer) of the trade so long amount equal to at least the bid/ask as to the rights of the parties to the as one of following conditions is met: spread provided in Rule 6.37(b)(1), or, transaction to submit a dispute to • The trade resulted from a verifiable in the event where the bid/ask spread in arbitration. disruption or malfunction of an the underlying is greater than the bid/

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ask spread set forth in Rule 6.37(b)(1), exchange providing the highest total publishes its reasons for so finding or by an amount as set forth in Rule 6.37 contract volume for the previous sixty (ii) as to which the Exchange consents, (b)(3). For the purpose of this (60) days in the option with respect to the Commission will: calculation, the Exchange will not apply an erroneous bid (offer) entered on the (A) by order approve such proposed a wider bid/ask spread as provided for Exchange. If there is no quote for rule change, or LEAPS or for options subject to unusual comparison purposes, then the adjusted (B) institute proceedings to determine market conditions; or price of the option will be determined whether the proposed rule change • The trade resulted in an execution by two Floor Officials. should be disapproved. price in a series quoted no bid and at (2) If at least one party to the IV. Solicitation of Comments least one strike price below (for calls) or transaction is not a Market Maker on the above (for puts) in the same class were Exchange or where the trade does not Interested persons are invited to quoted no bid at the time of the involve a limit order that may be submit written data, views, and erroneous execution; or adjusted to its limit, the trade will be arguments concerning the foregoing, • The trade is automatically executed nullified within ten (10) minutes of two including whether the proposed rule at a price where the Market Maker sells Floor Officials making such change, as amended, is consistent with $0.10 or more below parity. Parity determination. the Act. Persons making written describes an option contract’s total All determinations made by the two submissions should file six copies premium when that premium is equal to Floor Officials under the proposed rule thereof with the Secretary, Securities its intrinsic value. Parity for calls is change will be rendered without and Exchange Commission, 450 Fifth measured by reference to the offer price prejudice as to the rights of the parties Street, NW, Washington, DC 20549– of the underlying security in the to the transaction to submit a dispute to 0609. Copies of the submission, all primary market at the time of the arbitration. The Exchange believes that subsequent amendments, all written transaction minus the strike price for the rule proposal promotes fair and statements with respect to the proposed the call. Parity for puts is measured by equitable resolutions of erroneous rule change that are filed with the the strike price of an underlying trades. Commission, and all written security minus its bid price in the communications relating to the 2. Statutory Basis primary market at the time of the proposed rule change between the transaction. The Exchange believes that the Commission and any person, other than Under the proposed rule change, proposed rule change is consistent with those that may be withheld from the when a Market Maker on the Exchange Section 6(b) of the Act 6 in general, and public in accordance with the believes that it participated in a furthers the objectives of Section provisions of 5 U.S.C. 552, will be transaction that was the result of an 6(b)(5) 7 in particular, in that it is available for inspection and copying at obvious error, it must notify two Floor designed to prevent fraudulent and the Commission’s Public Reference Officials 5 within five minutes of the manipulative acts and practices, to Room. Copies of such filing will also be execution. If an Order Entry Firm promote just and equitable principles of available for inspection and copying at representing a public customer believes trade, to remove impediments to and the principal office of the Exchange. All an order it executed on the Exchange perfect the mechanism for a free and submissions should refer to File No. was the result of an Obvious Error, it open market and a national market SR–PCX–2002–01 and should be must notify the Exchange within twenty system, and, in general, to protect submitted by September 12, 2003. (20) minutes of the execution. Absent investors and the public interest. For the Commission, by the Division of unusual circumstances, two Floor Market Regulation, pursuant to delegated B. Self-Regulatory Organization’s Officials will not grant relief under the authority.8 Statement on Burden on Competition proposed rule change unless Margaret H. McFarland, notification is made within the The Exchange does not believe that Deputy Secretary. prescribed time periods. the proposed rule change will impose [FR Doc. 03–21540 Filed 8–21–03; 8:45 am] As proposed, two Floor Officials will any burden on competition that is not BILLING CODE 8010–01–P determine whether the execution is necessary or appropriate in furtherance subject to a trade nullification or price of the purposes of the Act. adjustment. If two Floor Officials C. Self-Regulatory Organization’s SECURITIES AND EXCHANGE determine that one of the above-stated Statement on Comments on the COMMISSION conditions has occurred, and the Proposed Rule Change Received from [Release No. 34–48351; File No. SR–PCX– complaining party has timely Members, Participants, or Others 2003–34] documented a request for relief, then the Floor Officials will take one of the The Exchange did not solicit or Self-Regulatory Organizations; Notice following actions: receive written comments on the of Filing and Order Granting (1) Where each party to the proposed rule change. Accelerated Approval of Proposed transaction is a Market Maker on the III. Date of Effectiveness of the Rule Change by the Pacific Exchange, Exchange or the trade involves a limit Proposed Rule Change and Timing for Inc., and Amendment No. 1 Thereto, order than may be adjusted to its limit, Commission Action Relating to its Arbitration Program the execution price of the transaction will be adjusted within ten minutes of Within 35 days of the date of August 15, 2003. the Floor Officials making such a publication of this notice in the Federal Pursuant to Section 19(b)(1) of the determination. In such case, the Register or within such longer period (i) Securities Exchange Act of 1934 adjusted price will be the last bid (offer) as the Commission may designate up to (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 price just prior to trade from the 90 days of such date if it finds such notice is hereby given that on July 9, longer period to be appropriate and 5 In no case will the two Floor Officials involved 8 17 CFR 200.30–3(a)(12). in an obvious error determination include a person 6 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). related to a party to the trade in question. 7 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.

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2003, the Pacific Exchange, Inc. (‘‘PCX’’ claims against the PCX or PCXE that the organization is a party to an arbitration or ‘‘Exchange’’) filed with the Securities conduct of the arbitration violates the filed pursuant to this Rule 12 [if all the and Exchange Commission California Code of Civil Procedure parties in the case who are customers (‘‘Commission’’ or ‘‘SEC’’) the proposed Section 1281.92 (‘‘CCCP Claims’’). have waived application of the rule change as described in Items I, II However, the parties would not be California Standards in that case; or to and III below, which Items have been required to waive the CCCP claims in fail to waive the California Standards if prepared by the Exchange. On August arbitrations solely between or among all associated persons with a claim 13, 2003, the Exchange filed members, member organizations and alleging employment discrimination, Amendment No.1 to the proposed rule persons associated therewith (or, as the including a sexual harassment claim, in change.3 The Commission received one case may be, solely between ETP violation of a statute have waived comment letter regarding the proposed Holders and persons associated application of the California Standards rule change in anticipation of its filing.4 therewith) that do not involve in that case]; The Commission is publishing this consumer-related or employment- (c) fail to waive any claims against the notice to solicit comments on the related claims.6 Both waivers (where Exchange that the conduct of the proposed rule change from interested required) must be made without arbitration violates the California Code persons. For the reasons described condition and in the form required by of Civil Procedure Section 1281.92 below, the Commission is granting the PCX and PCXE.7 If any party to an (‘‘CCCP Claims’’), if the member, accelerated approval to the proposed arbitration fails to the sign the required member organization or person rule change. waivers, the PCX will decline associated with a member or member jurisdiction over, dismiss and refund organization is a party to an arbitration I. Self-Regulatory Organization’s fees paid to PCX or PCXE by the parties filed pursuant to this Rule 12 (other Statement of the Terms of Substance of for, that arbitration. Furthermore, it will than arbitrations solely between or the Proposed Rule Change be considered conduct inconsistent with among members, member organizations PCX, on its own behalf and through just and equitable principles of trade for and/or persons associated with a its wholly-owned subsidiary PCX any member, member organization, ETP member or member organization that do Equities, Inc. (‘‘PCXE), pursuant to Holder or associated person therewith not involve consumer-related or delegated authority, is proposing to who is a party to a PCX or PCXE employment-related claims) [if all the amend the PCX and PCXE arbitration arbitration to fail to waive the California parties in the case who are customers rules. The proposed rule change will Standards and the CCCP Claims, where have waived the CCCP Claims in that expand the applicability of the waiver required. case; or to fail to waive the CCCP Claims requirements imposed in SR–PCX– Below is the text of the proposed rule if all associated persons with a claim 2003–13 5 from certain pending PCX change. Proposed new language is alleging employment discrimination, arbitrations to all PCX and PCXE italicized, deleted text is in [brackets]. including a sexual harassment claim, in arbitrations. Specifically, the proposed * * * * * violation of a statute have waived the rule changes would require all parties to CCCP Claims in that case]; an arbitration filed pursuant to PCX or PCX RULE 12 (d) No change. (e) No change. PCXE Rule 12 (other than those Arbitration described below) to waive (1) the .03 No change. application of the California Rules of Matters Subject to Arbitration * * * * * Court, Division VI of the Appendix, Rule 12.1(a)–(g)—No change. Rule 12.35 [Applicability of entitled ‘‘Ethics Standards of Neutral Commentary: Arbitration Rules] Waivers Arbitrations in Contractual Arbitration’’ .01 No change. (the ‘‘California Standards’’), and (2) any .02 It may be deemed conduct [(a) Reserved.] inconsistent with just and equitable [(b) Arbitrations Filed Prior to May 1, 2003. Arbitration claims that were filed 3 See letter from Kathryn Beck, Senior Vice principles of trade for a member, a President, General Counsel, Chief Regulatory member organization or a person prior to May 1, 2003 and remain Officer and Corporate Secretary, PCX, to Florence pending will be administered as Harmon, Senior Special Counsel, Division of associated with a member or member organization to: follows:] Market Regulation, Commission, dated August 12, [(i) The arbitration] Arbitration claims 2003. In Amendment No. 1, PCX altered its (a) No change. description of the proposed rule change to reflect (b) Fail to waive the California Rules will be administered in accordance with that a failure to execute required waivers by an of Court, Division VI of the Appendix, this Rule[s] 12[.1 through 12.34] only industry party to arbitration would be referred for entitled ‘‘Ethics Standards for Neutral [if]: disciplinary action. [(A) arbitrator(s) have been appointed 4 Arbitrators in Contractual Arbitration’’ See letter to the Secretary, SEC, from Raghavan as of May 1, 2003; and] Sathianathan, dated July 2, 2003. The commenter (the ‘‘California Standards’’), if the expressed concerns regarding PCX’s administration [(B)]all parties to the arbitration have member, member organization or person waived, without condition and in the of an arbitration in which he was a co-respondent, associated with a member or member alleging that PCX did not follow its arbitration form required by the Exchange, the rules. The commenter asserted that the PCX had application of the California Standards lost its right to make rule changes based on its 6 PCX and PCXE believe that such arbitrations administration of his arbitration. PCX submitted a would not be considered ‘‘consumer arbitrations’’ and the CCCP Claims (as defined in letter in response in which it asserted that the as that term is used in the California Code of Civil Commentary .02 of Rule 12.1); provided, commenter’s case had been administered properly Procedure. however, that the parties are not and in accordance with its rules. PCX also asserted 7 Copies of the prescribed waiver forms were filed required to waive the CCCP claims in that the proposed rule change reflects PCX’s desire as Exhibits A and B to the proposed rule change. to provide an arbitration forum with a reduced risk These are the same as the waiver forms that were arbitrations solely between or among of subsequent legal exposure to the organization. attached to rule filings previously approved by the members, member organizations and/or See letter dated July 30, 2003 from Kathryn Beck, Commission. See Securities Exchange Act Release persons associated with a member or Senior Vice President, PCX, to Florence Harmon, No. 46881 (November 21, 2002), 67 FR 71224 member organization that do not Senior Special Counsel, Division of Market (November 29, 2002) (waiver of California Regulation, SEC. Standards); Securities Exchange Act Release No. involve consumer-related or 5 See Securities Exchange Act Release No. 47734 47734 (April 24, 2003), 68 FR 23351 (May 1, 2003) employment-related claims. PCX will (April 24, 2003), 68 FR 23351 (May 1, 2003). (waiver of CCCP Claims). decline jurisdiction over, dismiss and

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refund fees paid to PCX by the parties California Standards and the CCCP and application to arbitration programs for, any arbitration claims in which any Claims (as defined in Rule 12.1(h)); administered by self-regulatory of the parties to arbitration fail to sign provided, however, that the parties are organizations.9 To minimize any both waivers, where required. not required to waive the CCCP claims potential financial and litigation risk * * * * * in arbitrations solely between or among associated with these new provisions, ETP Holders and/or persons associated PCX and PCXE have decided to require PCXE Rule 12 with an ETP Holder that do not involve parties to PCX and PCXE arbitrations to Arbitration consumer-related or employment- waive the California Standards and related claims. PCXE will decline CCCP Claims in order for the * * * * * jurisdiction over, dismiss and refund arbitrations to continue pursuant to PCX Rule 12.2(a)–(g)—No change. fees paid to PCXE by the parties for, any and PCXE Rule 12. (h) It may be deemed conduct arbitration claims in which any of the inconsistent with just and equitable parties to arbitration fail to sign both Once this proposed rule filing is principles of trade for an ETP Holder or waivers, where required. effective, PCX and PCXE will notify a person associated with an ETP Holder * * * * * parties to PCX and PCXE arbitrations of to: the rule change and provide them with (i) fail to submit to arbitration on II. Self-Regulatory Organization’s the waiver forms and the opportunity to demand under the provisions of this Statement of the Purpose of, and speak with PCX staff if they desire more Rule[, or]; Statutory Basis for, the Proposed Rule information regarding the waivers. (ii) to fail to waive the California Change Rules of Court, Division VI of the Industry parties to the arbitrations will In its filing with the Commission, the be required to execute the waiver Appendix, entitled ‘‘Ethics Standards PCX included statements concerning the for Neutral Arbitrators in Contractual agreements. An industry party’s failure purpose of and basis for the proposed to sign the waiver as required by the Arbitration’’ (the ‘‘California rule change and discussed any Standards’’), if the ETP Holder or person proposed rule change will be referred comments it received on the proposed for disciplinary action. associated with an ETP Holder is a rule change.8 The text of these party to an arbitration filed pursuant to statements may be examined at the 2. Statutory Basis this Rule 12 [if all the parties in the case places specified in Item III below. PCX who are customers have waived has prepared summaries, set forth in PCX believes that this proposal is application of the California Standards sections A, B and C below, of the most consistent with Section 6(b) of the in that case; or to fail to waive the significant aspects of such statements. Act,10 in general, and furthers the California Standards if all associated objectives of Section 6(b)(5),11 which A. Self-Regulatory Organization’s persons with a claim alleging requires that an exchange have rules Statement of the Purpose of, and employment discrimination, including a that are designed to prevent fraudulent sexual harassment claim, in violation of Statutory Basis for, the Proposed Rule Change and manipulative acts and practices, to a statute have waived application of the promote just and equitable principles of California Standards in that case]; [or] 1. Purpose trade, to foster cooperation and (iii) fail to waive any claims against the PCXE that the conduct of the PCX states that it makes every effort coordination with persons engaged in arbitration violates the California Code to serve investors who bring their claims regulating, clearing, settling, processing of Civil Procedure Section 1281.92 to PCX by providing a fair, efficient, and information with respect to, and (‘‘CCCP Claims’’), if the ETP Holder or economical arbitration forum. Recent facilitating transactions in securities, person associated with an ETP Holder is changes in California law and the and, in general, to protect investors and a party to an arbitration filed pursuant attendant litigation, however, have the public interest. to this Rule 12 (other than arbitrations caused PCX to reevaluate how it administers its arbitration programs. B. Self-Regulatory Organization’s solely between or among ETP Holders Statement on Burden on Competition and/or persons associated with an ETP Specifically, California recently adopted (1) Section 1281.92 of the California Holder that do not involve consumer- PCX does not believe that the related or employment-related claims); Code of Civil Procedure (‘‘CCCP 1281.92’’), which prohibits private proposed rule change will impose any (iv) to fail to appear or to provide any burden on competition that is not document in his or her or its possession arbitration providers from administering arbitrations, or providing any other necessary or appropriate in furtherance or control as directed pursuant to the of the purposes of the Act. provisions of this Rule; or services related to arbitration, if any (v) to fail to honor an award of party or attorney for a party has, or has 9 See, e.g., Brief of the Securities and Exchange arbitrators properly rendered pursuant had within the preceding year, any type of financial interest in the arbitration Commission, Amicus Curiae, in Support of to the provisions of this Rule where a Plaintiffs’ Motion for Declaratory Judgment, NASD timely motion has not been made to provider, and (2) the California Dispute Resolution, Inc. and New York Stock vacate or modify such award pursuant Standards, which require arbitration Exchange, Inc., v. Judicial Council of California, to applicable law. providers to implement and maintain C023486 (No. District of California, September 18, (i)–(j) No change. substantial new recordkeeping and 2002) (arguing that the California Standards conflict disclosure requirements. Since their with, and thus are preempted by, the Commission’s * * * * * adoption, CCCP 1281.92 and the regulation of SRO arbitration under the Exchange Act and by the Federal Arbitration Act). The brief Rule 12.35 Waivers California Standards have become the is available on the Commission Web site at: Arbitration claims will be subject of controversy or, in some cases, www.sec.gov/litigation/briefs/nasddispute.pdf. See administered in accordance with this litigation regarding their interpretation also Securities Exchange Act Release No. 46881 (Nov. 21, 2002), 67 FR 71224 (Nov. 29, 2002) Rule 12 provided all parties to the 8 The discussion in this section represents the (describing the controversy regarding new arbitration have waived, without Exchange’s views on the situation in California and California arbitration provisions). condition and in the form required by does not in any way represent a Commission 10 15 U.S.C. 78f(b). the PCXE, the application of the position on this issue. 11 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s and open market, and, in general, to Comments should be sent to OMB Statement on Comments on the protect investors and the public Office of Information and Regulatory Proposed Rule Change Received from interest.15 The Commission believes Affairs, Attention: Desk Officer for Members, Participants, or Others that the proposed rules are designed to Tennessee Valley Authority no later Written comments on the proposed provide investors with a mechanism to than September 22, 2003. rule change were neither solicited nor help resolve their disputes with broker- SUPPLEMENTARY INFORMATION: received by PCX. However, the SEC dealers in an expeditious manner, and Type of Request: Regular submission, received one comment letter on the are designed to help ensure the certainty proposal to reinstate, with change, a proposed rule change.12 and finality of arbitration awards. previously approved collection for Additionally, the Commission finds which approval has expired. III. Solicitation of Comments good cause for approving the proposed Title of Information Collection: Interested persons are invited to rule change prior to the 30th day after Farmer Questionnaire—Vicinity of submit written data, views and the date of publication of notice thereof Nuclear Power Plants. arguments concerning the foregoing, in the Federal Register. Accelerated Frequency of Use: On occasion. including whether the proposal is approval is appropriate in that it will Type of Affected Public: Individuals consistent with the Act. Persons making permit the PCX to make its forum for the or households, and farms. written submissions should file six resolution of such disputes available Small Businesses or Organizations copies thereof with the Secretary, immediately. Affected: No. Securities and Exchange Commission, V. Conclusion Federal Budget Functional Category 450 Fifth Street, NW., Washington, DC Code: 271. 20549–0609. Copies of the submission, It Is Therefore Ordered, pursuant to Estimated Number of Annual 16 all subsequent amendments, all written Section 19(b)(2) of the Act, that the Responses: 150. statements with respect to the proposed proposed rule change (SR–PCX–2003– Estimated Total Annual Burden rule change that are filed with the 34), as amended, is hereby approved on Hours: 40. Commission, and all written an accelerated basis. Estimated Average Burden Hours per communications relating to the For the Commission, by the Division of Response: 0.25. proposed rule change between the Market Regulation, pursuant to delegated Need for and Use of Information: This Commission and any person, other than authority.17 survey is used to locate, for monitoring those that may be withheld from the Margaret H. McFarland, purposes, rural residents, home gardens, public in accordance with the Deputy Secretary. and milk animals within a five mile provisions of 5 U.S.C. 552, will be [FR Doc. 03–21541 Filed 8–21–03; 8:45 am] radius of a nuclear power plant. The available for inspection and copying in BILLING CODE 8010–01–P monitoring program is a mandatory the Commission’s Public Reference requirement of the Nuclear Regulatory Room. Copies of such filing will also be Commission set out in the technical available for inspection and copying at TENNESSEE VALLEY AUTHORITY specifications when the plants were the principal office of the PCX. All licensed. submissions should refer to File No. Paperwork Reduction Act of 1995, as SR–PCX–2003–34 and should be Amended by Public Law 104–13; Jacklyn J. Stephenson, submitted by September 12, 2003. Submission for Office of Management Senior Manager, Enterprise Operations, Information Services. IV. Commission’s Findings and Order and Budget (OMB) Review; Comment Request [FR Doc. 03–21518 Filed 8–21–03; 8:45 am] Granting Accelerated Approval of the BILLING CODE 8120–08–P Proposed Rule Change, as Amended AGENCY: Tennessee Valley Authority. The PCX requests that the ACTION: Submission for Office of Commission find good cause to Management and Budget (OMB) review; DEPARTMENT OF TRANSPORTATION accelerate effectiveness of this proposed comment request. rule change, as amended, pursuant to [Docket No. OST–2003–15962] 13 SUMMARY: The proposed information Section 19(b)(2) of the Act. After Office of the Secretary; Notice of careful review, the Commission finds collection described below will be submitted to the Office of Management Request for Renewal of a Previously that the proposed rule change is Approved Collection consistent with the requirements of the and Budget (OMB) for review, as required by the Paperwork Reduction Act and the rules and regulations AGENCY: Office of the Secretary. Act of 1995 (44 U.S.C. chapter 35, as thereunder applicable to a national ACTION: Notice. securities exchange, and, in particular, amended). The Tennessee Valley the requirements of Section 6 of the Authority is soliciting public comments SUMMARY: In accordance with the Act.14 Specifically, the Commission on this proposed collection as provided Paperwork Reduction Act of 1995, this finds that the proposal is consistent by 5 CFR 1320.8(d)(1). Requests for notice announces the Department of with Section 6(b)(5) of the Act, which information, including copies of the Transportation’s (DOT) intention to requires that the rules of a national information collection proposed and request extension of a previously securities exchange be designed to supporting documentation, should be approved information collection. directed to the Agency Clearance promote just and equitable principles of DATES: Officer: Wilma H. McCauley, Tennessee Comments on this notice must be trade, as well as to remove impediments received by October 21, 2003. to and perfect the mechanism of a free Valley Authority, 1101 Market Street (EB 5B), Chattanooga, Tennessee 37402– ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 12 2801; (423) 751–2523 (SC: 000YRFB). See n. 4, supra. OST–2003–15962 by any of the 13 15 U.S.C. 78s(b)(2). 14 15 15 U.S.C. 78f(b)(5). following methods: In approving the proposal, the Commission has • considered the rule’s impact on efficiency, 16 15 U.S.C. 78s(b)(2). Web Site: http://dms.dot.gov. competition, and capital formation. 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12). Follow the instructions for submitting

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comments on the DOT electronic docket citizenship, managerial competence, electronic security that should be used site. operating proposal, financial condition, for the transmission and storage of drug • Fax 1–202–493–2251. and compliance history. The specific testing information, to assess the type of • Mail: Docket Management Facility; information to be filed by respondents format and methodology that would be U.S. Department of Transportation, 400 is set forth in 14 CFR parts 201 and 204. appropriate, and to recommend the Seventh Street, SW., Nassif Building, Respondents: Persons seeking initial level and type of electronic signature Room PL–401, Washington, DC 20590– or continuing authority to engage in air technology that would support the 001. transportation of persons, property, and/ procedures used in the DOT drug and • Hand Delivery: Room PL–401 on or mail. alcohol program. The Committee has the plaza level of the Nassif Building, Estimated Number of Respondents: held two previous meetings. A list of the 400 Seventh Street, SW., Washington 127. committee members and a copy of both DC, between 9 am and 5 pm, Monday Estimated Total Burden on meeting’s transcripts are available in the through Friday, except on Federal Respondents: 4,604 hours. docket posted on the Internet at http:/ holidays. Comments are invited on: (a) Whether /dms.dot.gov/search/; the docket Federal eRulemaking Portal: Go to the proposed collection of information number is 12148. is necessary for the proper performance http://www.regulations.gov. Follow the FOR FURTHER INFORMATION CONTACT: of the functions of the Department, online instructions for submitting Kenneth Edgell or Minnie McDonald, including whether the information will comments. Office of Drug and Alcohol Policy and have practical utility; (b) the accuracy of Instructions: All submissions must Compliance (ODAPC), Office of the the Department’s estimate of the burden include the agency name and docket Secretary, Department of Transportation of the proposed information collection; number or Regulatory Identification at voice (202) 366–3784, fax (202) 366– (c) ways to enhance the quality, utility Number (RIN) for this rulemaking. For 3897. detailed instructions on submitting and clarity of the information collection; SUPPLEMENTARY INFORMATION: Since the comments and additional information and (d) ways to minimize the burden of beginning of drug testing, the DOT has on the rulemaking process, see the the collection of information on sought ways to reduce the significant Public Participation heading of the respondents, including the use of amount of paper documentation Supplementary Information section of automated collection techniques or generated for the forensic accountability this document. Note that all comments other forms of information technology. of drug test results. We are now in an received will be posted without change All responses to this notice will be era of various electronic capabilities that to http://dms.dot.gov including any summarized and included in the request can further reduce the paper work personal information provided. Please for OMB approval. All comments will burden. The transportation industry is see the Privacy Act heading under also become a matter of public record. asking us to move more in that Regulatory Notes. Issued in Washington, DC on August 15, direction. We want to accommodate this Docket: For access to the docket to 2003. request, but we want to make sure that read background documents or Randall D. Bennett, the integrity and confidentiality comments received, go to http:// Director, Office of Aviation Analysis. requirements of the program are dms,dot.gov at any time or to Room PL– [FR Doc. 03–21487 Filed 8–21–03; 8:45 am] maintained. 401 on the plaza level of the Nassif BILLING CODE 4910–62–P The Department made modest Building, 400 Seventh Street, SW., changes when 49 CFR Part 40 was Washington, DC between 9 a.m. and 5 updated and republished on December p.m., Monday through Friday, except on DEPARTMENT OF TRANSPORTATION 19, 2000. We permitted greater use of Federal holidays. Office of the Secretary faxes and scanned computer images for FOR FURTHER INFORMATION CONTACT: reporting test results. Additionally, for Delores King, Air Carrier Fitness [Docket OST–02–12148] negative test results we permitted Division (X–56), Office of Aviation laboratories to send electronic reports to Analysis, Office of the Secretary, U.S. Electronic Transmission and Storage MROs, provided the laboratory and Department of Transportation, 400 of Drug Testing Information Federal MRO ensured that the information is Seventh Street, SW., Washington, DC Advisory Committee; Meeting accurate and can be transmitted in such 20590, (202) 366–2343. AGENCY: Office of the Secretary, a manner as to prevent unauthorized SUPPLEMENTARY INFORMATION: Department of Transportation. access or release while it is transmitted Title: Procedures and Evidence Rules ACTION: Notice of Federal Advisory or stored. For Air Carrier Authority Applications: Committee meeting. The Department believes that the 14 CFR Part 201—Air Carrier Authority increased use of electronic reporting is under Subtitle VII of title 49 of the SUMMARY: Pursuant to the Federal both inevitable and beneficial. At the United States Code—(Amended); Advisory Committee Act (Pub. L. No. same time, we want to make sure that 14 CFR Part 204—Data to Support 92–463, 86 Stat. 770) notice is hereby there are good, consistent minimum Fitness Determinations; given that the Department of standards for the use of this technology, 14 CFR Part 291—Cargo Operations in Transportation (DOT) Electronic in order to protect the important Interstate Air Transportation. Transmission and Storage of Drug integrity and confidentiality OMB Control Number: 2106–0023. Testing Information Federal Advisory requirements of the program. For these Type of Request: Extension without Committee will meet for the third time reasons, DOT established the Electronic change, of previously approved in a public session on September 22–23, Transmission and Storage of Drug collection. 2003, at the Key Bridge Marriott Hotel, Testing Information Federal Advisory Abstract: In order to determine the 1401 Lee Highway, Arlington, VA Committee. The purpose of the fitness of persons seeking authority to 22209, (703) 524–6400, Guest Fax: (703) Committee is to recommend regulatory engage in air transportation, the 524–8964. The purpose of the modifications it deems necessary if Part Department collects information from Committee is to recommend to the 40 is to accommodate newer electronic them about their ownership, Department the type and level of technology. The Committee will assess

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the current status of electronic security Discussion of Options and Future verbal statement should also include a technology and will make Committee Actions, 12 p.m.—Closing short statement describing the topic to recommendations about consistent Comments, 2 p.m.—End of Meeting. A be addressed. Requestors will ordinarily minimum standards for its use in the final agenda will be available to the be allowed up to 10 minutes to present transmission and storage of drug testing public prior to the beginning of the a topic, however, the time may be results. Additionally, the Committee meeting. limited depending on the number of will examine the formats and The meeting will be open to the requestors. If you have submitted a methodologies used in transmitting public on a first-come first-seated basis. written statement to the docket, there is electronic information, as well as the Anyone needing special no need to subsequently duplicate this concept, parameters, and procedures accommodations for persons with information by an oral presentation. used in implementing electronic disabilities please notify Minnie The Committee meeting will be signature technology within the frame McDonald at (202) 366–3784 at least recorded and transcribed. Within a short work of the DOT drug and alcohol two weeks prior to the meeting. time after the meeting, copies of the testing program. The Committee will Members of the public wishing to file transcripts will be available on the DOT advise DOT regarding these findings. a written statement with the DOT electronic docket. The Department anticipates that, Electronic Transmission and Storage of DATES AND TIME: The Electronic following the receipt of the Committee’s Drug Testing Information Federal Transmission and Storage of Drug final recommendations, DOT will Advisory Committee may do so by Testing Information Federal Advisory propose changes to Part 40 through a submitting comments by mail or by Committee will meet in open session on notice of proposed rulemaking that will delivering them to the Docket Clerk, September 22, 2003, from 8:30 a.m. to result in minimum standards for Attn: Docket No. OST–02–12148, 5 p.m. and on September 23, 2003, from security in transmission and storage of Department of Transportation, 400 7th 8:30 a.m. to 2 p.m. Street, SW., Room PL401, Washington, drug testing information and would ADDRESSES: The meeting will take place DC, 20590. Comments may also be faxed result in a more widespread use of at the Key Bridge Marriott Hotel, 1401 to the Docket Clerk at (202) 493–2251. electronic technology in the program. Lee Highway, Arlington, VA 22209, The Committee held its first public Persons wishing their comments to be (703) 524–6400, Guest Fax: (703) 524– meeting on June 18–19, 2002 in acknowledged should enclose a 8964. The hotel is close to the Rosslyn, Washington, DC and the second on stamped, self-addressed postcard with VA METRO stops and can be reached April 7–8, 2003 in Arlington, VA. The their comments. The docket clerk will via the blue or yellow lines. Attendees, first meeting was used to introduce the date stamp the postcard and return it to other than Committee members, who Committee Members, review the the sender. For the convenience of need lodging, may obtain a discounted purpose of the Committee, and to persons wishing to review the docket, it room rate directly from the hotel by review some of the issues that the is requested that paper comments be referring to the ‘‘DOT Federal Advisory Committee needed to address as part of sent in triplicate in an unbound format, Committee’’ meeting. The hotel the process to develop appropriate no larger than 81⁄2 by 11 inches, suitable recommendations to the DOT. for copying and electronic filing. reservation telephone number is (800) Presentations from the major sections of Comments may be reviewed at the 228–9290. A limited number of rooms interested stakeholders were conducted above address from 9 a.m. through 5 will be available at the discounted rate by Committee members, invited guests, p.m. Monday through Friday. and reservations must be made by and by the general public. Additionally, Commenters may also submit their September 11, 2003. three sub-committees composed of comments electronically. Instructions Dated: August 18, 2003. Committee members were established to for electronic submission may be found Kenneth C. Edgell, research, develop, and provide at the following Web address: http:// Acting Director, Office of Drug and Alcohol, information to the whole Committee at dms.dot.gov/submit/. The public may Policy and Compliance, Department of future meetings. These sub-committees also review docket comments Transportation. addressed the following three areas: 1. electronically (docket number is 12148). [FR Doc. 03–21603 Filed 8–21–03; 8:45 am] Format of electronic reports; 2. Security The following web address provides BILLING CODE 4910–62–P of electronic transmission and digital instructions and access to the DOT signatures; and 3. Storage security of electronic docket: http://dms.dot.gov/ electronic information. The second search/. Please use only one method for DEPARTMENT OF TRANSPORTATION meeting focused on specific findings, submission of your comments. Please do issues, and recommendations of the sub- not send duplicates by submitting a Federal Transit Administration committees related to these three areas. written and an electronic version. Preparation of Alternatives Analysis A complete transcription of all There will be a time allocated for the and Environmental Impact Statement discussions for both meetings is public to speak on any of the above for the Commuter Rail Project in available at the above-cited Internet web agenda items. Please make your request Sonoma and Marin Counties, California site. Opportunity will be available at the for the opportunity to make a public upcoming meeting for the general public comment in writing to Minnie AGENCY: Federal Transit Administration to comments on information presented McDonald, ODAPC, at (202) 366–3784, (FTA), Department of Transportation by the committee members. FAX (202) 366–3897, or e-mail address: (DOT). Tentative agenda: Monday, September [email protected]/ two ACTION: Notice of Intent to prepare an 22, 2003, 08:30 a.m.–12 p.m.: General weeks prior to the meeting. Your Alternatives Analysis and Draft presentations by the sub-committee notification should contain your name Environmental Impact Statement (AA/ chairpersons, 12 p.m.–1:15 p.m.: Lunch, and corporate designation, consumer DEIS). 1:15 p.m.–3:30 p.m.—Continued affiliation, or government designation. presentations, 3:30 p.m.–5 p.m.: Public Please include your address, telephone SUMMARY: The Federal Transit Comments or Presentations, 5 p.m.— number and e-mail in case there is Administration (FTA) as lead agency End of First Day. Tuesday, September reason to contact you regarding your and the Sonoma Marin Area Rail Transit 23, 2003, 08:30 a.m.–12:00 p.m.: presentation. Those wanting to make a (SMART) Commission intend to

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conduct an Alternatives Analysis and Rail Transit), 520 Mendocino Avenue, the proposed actions will provide prepare a Draft Environmental Impact Suite 240, Santa Rosa, California 95401. transit service to key employment areas Statement (AA/DEIS) on a proposal by Phone: 415–461–00630 Fax: 415–464– along the corridor, maximize and SMART for the proposed introduction 1285. E-mail: maintain the viability of residential of commuter rail service along an [email protected]. To be communities, encourage smart growth existing railroad right-of-way extending added to the mailing list, contact Ms. in city centers along the corridor, and approximately 75-miles from Cloverdale Hames at the address listed above. reduce reliance on private automobile in Sonoma County to a San Francisco/ Please specify the mailing list for the usage and the congested Highway 101 East Bay bound ferry terminal in Marin SMART Alternatives Analysis/Draft corridor. County. The EIS will be prepared as a Environmental Impact Statement/Report III. Alternatives joint EIS and Environmental Impact (SMART AA/DEIS/R). Persons with Report (EIR) to satisfy the requirements special needs should leave a message at Alternatives proposed for evaluation of both the National Environmental either of the phone numbers indicated include but are not limited to: Policy Act of 1969 (NEPA) and the above. (1) No-build alternative, which consists of the existing highway and California Environmental Quality Act FOR FURTHER INFORMATION CONTACT: Ms. transit systems plus any ongoing or (CEQA). Lorraine Lerman, Community Planner, The purpose of this notice is to notify programmed improvements. It serves as FTA Region IX, 201 Mission Street, the baseline condition against which the interested individuals, organizations, Suite 2210, San Francisco, CA 94105. and business entities, affected Native transportation, environmental, and Phone: (415) 744–2735 Fax: (415) 744– community impacts of the other American Tribes and Federal, State, and 2726. Information about the project can local government agencies of the intent alternatives are compared. also be obtained from the SMART Web (2) Introduction of commuter rail to prepare an AA/DEIS and to invite site, http://www.sonomamarintrain.org/. participation in the study. At present service along an existing railroad right- SUPPLEMENTARY INFORMATION: three alternatives are proposed for of-way extending approximately 75- evaluation in the EIS/EIR. In addition, I. Description of Study Area miles from Cloverdale in Sonoma County to a San Francisco/East Bay reasonable alternatives identified The FTA, as joint lead agency with through the scoping process will be bound ferry terminal in Marin County. the SMART Commission, will prepare (3) Enhanced bus service on Highway evaluated in the EIS/EIR. an AA/DEIS/DEIR on a proposal to 101 from Cloverdale in Sonoma County Scoping will be accomplished provide commuter rail service along an through correspondence and discussion to Larkspur in Marin County, including existing railroad right-of-way extending bus enhancements and capital with interested persons, organizations, approximately 75-miles in Sonoma and and Federal, State and local agencies, improvements along the Highway 101 Marin counties. The study area begins corridor. and through public and agency in Coverdale in Sonoma County. The meetings. southern terminus of the project area is IV. Probable Effects DATES: Comment Due Date: Written in Marin County at a San Francisco/East The purpose of the EIS/EIR is to fully comments on the scope of the Bay bound ferry terminal. Along the disclose the environmental alternatives and impacts to be project route, the rail right-of-way runs consequences of building and operating considered should be received no later parallel to Highway 101. The rail right- a major capital investment in the than October 1, 2003. Written comments of-way south of Healdsburg has been SMART corridor in advance of any should be sent to the SMART AA/DEIS/ transferred to a new statutorily-created decisions to commit substantial DEIR Outreach at the address given entity, the Sonoma Marin Area Rail financial or other resources towards its below in ADDRESSES. Transit District. North of Healdsburg the implementation. The EIS/EIR will Scoping Meeting Dates: Two public North Coast Railroad Authority (NCRA) examine the transportation benefits and open-house scoping meetings will be owns it. The project area also includes environmental impacts of the held from 6 p.m. to 8 p.m. on September the locations of up to 15 stations and alternatives that emerge from the 4 and 10, 2003 at the location given maintenance facility sites. Conceptual scoping process. In addition, it will below in ADDRESSES. An interagency engineering of the rail alignment, a discuss actions to reduce or eliminate scoping meeting will also be held on pedestrian and bicycle path, the station such impacts. September 17, 2003 from 10 a.m. to 12 facilities, and the maintenance facility Environmental issues to be analyzed noon at Novato City Council Chambers will be included in AA/DEIS/DEIR that in the EIS/EIR include: potential located at 917 Sherman Avenue, satisfies both NEPA and CEQA consistency with local plans and Novato, California 94947. requirements. In addition, a financial policies with regard to possible station The two scoping meetings will be plan will be developed that examines sites; possible flooding along portions of held at the following dates and the capital and operating funding needs the rail line and stations; potential locations: and sources. traffic delays and change in traffic levels 1. September 4, 2003 from 6 p.m. to of service at several rail crossings; 8 p.m. at the San Rafael Corporate II. Purpose and Need potential impacts to wetland areas Center located at 750 Lindaro Street, Highway 101 is the primary mode of paralleling the corridor; increased noise San Rafael, California 94901. north-south movement connecting to sensitive receptors adjacent to the 2. September 10, 2003 from 6 p.m. to Sonoma and Marin counties with the track; changes in views and vistas due 8 p.m. at the Petaluma Community City and County of San Francisco. The to elevated structures; and potential Center located at 320 N. McDowell existing congested conditions in this impacts to historic and cultural Boulevard, Petaluma, California 94954. corridor are expected to worsen as the resources. In addition, the EIS/EIR will All locations are accessible to people area’s population and job base continue examine potential impacts to population with disabilities. to grow. The SMART corridor offers an and housing; air quality; energy and ADDRESSES: Written comments should opportunity to provide additional mineral resources; contaminated be sent to Ms. Lillian Hames, Project transportation capacity along a currently property; public services; utilities; and Director SMART (Sonoma Marin Area congested corridor. Implementation of recreation features; as well as

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cumulative and growth-inducing DEPARTMENT OF TRANSPORTATION (FIRS) for the hearing impaired: 1–800– impacts. Impacts will be evaluated for 877–8339. both the temporary construction period Surface Transportation Board SUPPLEMENTARY INFORMATION: and for the long-term operation of each [Finance Docket No. 30186 (Sub-No. 3)] Proposed Action and Background alternative. Measures to mitigate any adverse impacts will also be identified. Tongue River Railroad Co.— This proceeding involves an alternate Construction and Operation—Western route (the Western Alignment) to the To ensure that the full range of issues Alignment route the Board previously approved related to this proposed action will be (the Four Mile Creek Alternative) for the addressed and all significant issues AGENCY: Surface Transportation Board. southernmost 17.3-mile portion of the identified, comments and suggestions ACTION: Amended Final Scope of the Ashland to Decker, Montana line in are invited from all interested parties. Supplemental Environmental Impact Tongue River II. Comments or questions concerning this Statement. In 1983, TRRC sought approval from proposed action and the EIS/EIR should the Interstate Commerce Commission SUMMARY: On April 27, 1998, the be directed to the SMART Project (ICC, the Board’s predecessor agency) to Tongue River Railroad Company (TRRC) Director as noted in the ADDRESSES construct and operate 89 miles of filed an application with the Surface railroad between Miles City, Montana, section above. Transportation Board (Board) under and two termini located near Ashland, U.S.C. 10901 and 49 CFR 1150.1 V. FTA Procedures Montana, subsequently referred to as through 1150.10 seeking authority to Tongue River I. In a decision served To streamline the NEPA process and construct and operate a 17.3-mile line of May 9, 1986, the ICC approved Tongue to avoid duplication of effort, the railroad in Rosebud and Big Horn River I. TRRC then sought, in Tongue agencies involved in the scoping Counties, Montana, known as the River II, approval to construct a process will consider the results of any ‘‘Western Alignment.’’ The line that is contiguous 41-mile line from Ashland to the subject of this application is an previous planning studies or financial Decker, Montana. The Board approved alternative routing for the portion of the feasibility studies prepared in support Tongue River II, via the Four Mile Creek of the decision by the Metropolitan 41-mile Ashland to Decker, Montana 1 rail line that was approved by the Board Alternative, in November 1996. Transportation Commission (MTC) to The ICC/Board’s environmental staff, on November 8, 1996 in Finance Docket include a particular alternative in the now the Section of Environmental No. 30186 (Sub-No. 2), referred to as the regional transportation plan. Prior Analysis (SEA), prepared ‘‘Four Mile Creek Alternative.’’ On July transportation planning studies may be Environmental Impact Statements (EISs) 10, 1998, the Board’s Section of pertinent to establishing the purpose for both Tongue River I and Tongue Environmental Analysis (SEA) served a and need for the proposed action and River II. TRRC has reported to the Board Notice of Intent to prepare a that it has conducted various the range of alternatives to be evaluated Supplemental Environmental Impact in detail in the EIS/EIR. The Draft EIS/ Statement (SEIS) to evaluate and preconstruction activities on both EIR will be prepared simultaneously consider the potential environmental segments, but actual construction has with conceptual engineering for the impacts that might result from the not yet begun. On April 27, 1998, TRRC filed an alternatives, including station and construction and operation of the application with the Board in Finance alignment options. The Draft EIS/EIR Western Alignment, and requested Docket No. 30186 (Sub-No. 3) seeking process will address the potential use of comments on the scope of the SEIS. SEA authority to construct and operate the federal funds for the proposed action, as served its final scope of the SEIS on Western Alignment subsequently well as assessing social, economic, and February 3, 1999. On March 2, 2000, referred to as Tongue River III. In environmental impacts of the station before SEA completed its Draft SEIS, Tongue River I and Tongue River II, the and alignment alternatives. Station TRRC requested that SEA suspend its Board determined that the public designs and alignment alternatives will environmental work. On December 19, convenience and necessity required or 2002, TRRC advised SEA that it was be refined to minimize and mitigate any permitted TRRC’s proposed rail line now in a position to move forward and adverse impacts. After publication, the construction and operation, in asked SEA to resume its environmental Draft EIS/EIR will be available for accordance with former 49 U.S.C. review of the application. On January public and agency review and comment, 10901, and the Board does not intend to 17, 2003, TRRC filed a request with the and a public hearing will be held. Based reopen the transportation merits of the Board seeking to update its previously on the Draft EIS/EIR and comments authority granted in these proceedings. submitted evidence on the received, SMART will select a Locally The action proposed to be taken in transportation merits. The Board served Preferred Alternative for further Tongue River III necessitates SEA’s its decision allowing TRRC to file its assessment in the Final EIS/EIR and will review of associated potential supplemental evidence on the apply for FTA approval to initiate environmental impacts and a transportation merits on March 11, Preliminary Engineering of the preferred subsequent decision by the Board as to 2003. On March 26, 2003, SEA served alternative. whether the proposed Western an amended Notice of Intent to prepare Alignment satisfies the criteria of 49 Issued on: August 19, 2003. a SEIS and requested comments on the U.S.C. 10901, as amended in the ICC adequacy of the final scope of the SEIS Leslie T. Rogers, Termination Act of 1995 (ICCTA).2 Regional Administrator. dated February 3, 1999. SEA has reviewed and considered all eight of the [FR Doc. 03–21604 Filed 8–21–03; 8:45 am] 1 Petitions for review of Tongue River II are comments received in preparing the BILLING CODE 4910–57–P pending in the Ninth Circuit. Those cases are being amended final scope of the SEIS, which held in abeyance until this case is decided. is discussed below. 2 Pub. L. 104–88 109 stat. 803 (1995). In ICCTA, FOR FURTHER INFORMATION CONTACT: Congress abolished the ICC and transferred its rail regulatory functions and proceedings to the Board. Kenneth Blodgett, (202) 565–1554. Section 10901(c), as amended by ICCTA, now Federal Information Relay Service Continued

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Environmental Review Process and construction of a new rail line to serve there is a need to assess potentially Course of Proceedings in Tongue River the southern Powder River Basin in impaired water bodies, including the III Wyoming. See Dakota, Minnesota & total maximum daily load (TMDL) After the application in Tongue River Eastern Railroad Corporation designations currently being developed III was filed, SEA and three cooperating Construction into the Powder River and assigned for the Tongue River area agencies 3 began the environmental Basin, STB Finance Docket No. 33407 by the State of Montana. NPRC asked review process. On July 10, 1998, SEA (STB served Jan. 30, 2002), appeal filed, that the SEIS discuss any new species issued a Notice of Intent (NOI) to Mid States Coalition for Progress, et al., of concern that have been identified prepare a SEIS to consider the potential v. Surface Transportation Board, No. since 1999, and indicated that the Board environmental impacts of the proposed 02–1359 et al. (8th Cir. Filed Feb 7, should consider if there is any public Western Alignment routing. The NOI 2002). In addition, TRRC provided convenience and necessity that justifies also sought comments from the public insight into its relationship with The construction and operation of the on the scope of the SEIS. SEA received Burlington Northern and Santa Fe project. Finally, NPRC suggested that a 34 comments from Federal, state, and Railway Company, with which the new NEPA document should be local agencies, as well as TRRC, proposed line connects. The Draft SEIS prepared that covers the entire 130-mile individual property owners, and will reflect the updated information that line between Miles City and Decker. community representatives. SEA TRRC has submitted. The Board served The Montana Environmental published its final scope of the SEIS on a decision on July 7, 2003, establishing Information Center noted that wildlife February 3, 1999. That notice specified a procedural schedule for replies. inventories that were not performed for that the SEIS would evaluate the With respect to the environmental Tongue River II should be completed at Western Alignment in full, as well as review process, on March 26, 2003, SEA this time. In addition, it requested that refinements to the alignments served an amended NOI that announced the SEIS assess the entire line for previously considered in Tongue River that the environmental review of the potential impacts to increased elk I and Tongue River II, where there have Tongue River III application would now populations; discuss coal bed methane been significantly changed go forward. The amended NOI solicited development and its ability to alter the circumstances indicating that what was comments from the public on the scope character of the physical environment; done before is no longer adequate. of the SEIS and asked whether the and address when and if construction On March 2, 2000, before SEA public had any new information to will actually occur. Furthermore, it completed its Draft SEIS, TRRC include in the SEIS. SEA received eight indicated that SEA should conduct its requested that SEA suspend its comments from Federal, state, and local own analysis of the economic merits of environmental work. Almost three years agencies, individual property owners, the proposal and that Tongue River III later, on December 19, 2002, TRRC and community representatives. A brief should not be examined as a advised SEA that it was now in a summary of the main points raised in supplement to the previous EISs, but position to move forward and asked the comment letters is provided below. that the entire 130-mile route from SEA to resume its environmental review The Environmental Protection Agency Miles City to Decker should be of Tongue River III. Shortly thereafter, (EPA), Region 8, commented on a reexamined. on January 17, 2003, TRRC filed a variety of issues including the Terry Punt and Jeanie Alderson of the request with the Board seeking to identification and discussion of water Bones Brothers Ranch commented that update its previously submitted bodies with impaired uses; cumulative the purpose and need for the railroad evidence on the transportation aspects effects including coal bed methane line needs to be reassessed in light of of the Tongue River III application. On development; potential air quality the following factors: Tongue River I March 11, 2003, the Board authorized impacts on the Class I Northern was proposed to serve the Montco mine, TRRC to file the updated evidence. In its Cheyenne Indian Reservation; required but this mine lost its permit in the supplemental evidence filed on May 1, consultation with tribal governments 1990s; the recently-approved Dakota, 2003, TRRC updated the record in the and the need to assess all impacts on Minnesota & Eastern (DM&E) rail line is following five areas: (1) Transfer of the tribal trust lands; wetlands and riparian meeting the current transportation need Otter Creek Tracts 1, 2, and 3 to the areas; and address pollution prevention, of the region and recent layoffs indicate State of Montana; (2) tonnage forecasts, preferably at the source. Finally, EPA a slower coal market; and Otter Creek financial forecasts, and estimated stated that the SEIS should include an coal is high in sodium and is not construction costs; (3) TRRC’s business effective strategy for public involvement profitable. These commenters also structure, proposed financial structure, of minority and low-income echoed the need for coal bed methane and plan for raising the funds required populations. well development to be taken into The Montana Natural Heritage for construction; (4) supporting account. Program (MNHP) commented that all Mark Fix commented that the impacts statements from Montana officials; and (5) the effects of the Board’s recent state plant and animal species of from the coal bed methane project are approval of the Dakota, Minnesota, and concern should be discussed in the overwhelming and, with the proposed Eastern Railroad’s proposed SEIS, in particular the bald eagle, Tongue River railroad, would result in snapping turtle, spiny softshell, woolly unacceptable environmental conditions. provides that the Board shall authorize the twinpod, Barr’s milkvetch and nuttall Mr. Fix also suggests that there is a need construction and operation of a proposed new rail desert-parsley. The MNHP also for a new NEPA document that covers line ‘‘unless the Board finds that such activities are recommended that SEA contact the U.S. the entire Tongue River railroad route as inconsistent with the public convenience and Fish and Wildlife Service for a current one project. necessity.’’ Thus, there is now a presumption that a rail construction proposal will be approved. listing of threatened and endangered Beth Kaeding commented that the 3 As dicussed in more detail below, the plant and animal species. impacts of connected actions, including cooperating agencies are the U.S. Army Corps of The Northern Plains Resource Council the coal bed methane development in Engineers (Corps); the U.S. Department of the (NPRC) commented on the need for a Wyoming and Montana, new power Interior, Bureau of Land Management (BLM); and discussion of cumulative effects, plants in Wyoming, expanded coal the Montana Department of Natural Resources (MT DNRC). Future references to ‘‘SEA’’ encompass the including coal bed methane well mining in Wyoming, and proposed efforts of the cooperating agencies. development. NPRC also indicated that power plants in Montana need to be

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considered cumulatively. Ms. Kaeding include in the SEIS environmental third section will discuss cumulative also commented that inventories for review of certain issues specifically effects associated with the construction wildlife, fish, and plant species should requested by the cooperating agencies. and operation of the entire line from be prepared from field studies. Ms. After completing their independent Miles City to Decker, Montana from Kaeding expressed concerns about a environmental analysis of the Western both the Four Mile Creek Alternative variety of issues, including the amount Alignment and those portions of Tongue and the Western Alignment. At their of earth that would need to be moved River I and Tongue River II that need to request, and to assist the cooperating for this project and the potential be updated, SEA and the cooperating agencies in their permitting processes, impacts from erosion and agencies will serve a Draft SEIS on all SEA will provide appendices that sedimentation; the amount of water the names on the Board’s service list for address further environmental issues required for the proposed construction this proceeding and on appropriate needed by the individual cooperating and potential impacts to streams and the Federal, state, and local agencies, and agencies. water table; and the amount of earth that will publish notice of this document in Assumptions will be exposed to the introduction of the Federal Register. The public will be noxious weeds. Additional concerns invited to review and comment on all • To avoid duplication, the SEIS will include fire hazards from rail aspects of the Draft SEIS. SEA and the refer to, utilize, and incorporate by operations, death of livestock on the rail cooperating agencies will then carefully reference the environmental analyses lines, noise, economic viability of the consider all the timely comments prepared for Tongue River I and Tongue applicant, impacts to residents and land received on the Draft SEIS, conduct any River II, as appropriate. use in the event of a future further environmental review that may • The SEIS will evaluate the impacts abandonment, and impacts on the be necessary, and will then prepare and of the proposed Western Alignment in character of the region. issue a Final SEIS. A notice of the Final Tongue River III, and will compare The State of Arkansas, Technical SEIS will also be published in the those impacts to the impacts related to Review Committee, submitted form Federal Register. The Board will then the Four Mile Creek Alternative letters indicating that it does not have take into account the Draft SEIS, the approved in Tongue River II; the Four any comments on the proposed final Final SEIS, and all comments received Mile Creek Alternative is the No-Build scope of work for the SEIS. in issuing its final written decision in Alternative in Tongue River III because SEA has prepared this amended final Tongue River III. it has already been approved. scope for the SEIS based on a careful Section I review of all the comments to the Final Amended Scope for the SEIS amended NOI, consultations with The amended scope of the SEIS for Tongue River III the construction and operation of the appropriate Federal and state agencies, Potential Environmental Impacts Western Alignment will involve a and review of the environmental Associated With the Construction and detailed environmental analysis of the documents and studies previously Operation of the Western Alignment prepared in Tongue River I and Tongue proposed new routing. The SEIS will River II. With one exception, the final discuss alternatives to the proposed new 1. Transportation and Safety scope has been amended, where routing and will compare the potential The SEIS will: necessary, to encompass all of the effects of the Western Alignment to the A. Evaluate the safety aspects of points raised in the comment letters. Four Mile Creek Alternative approved proposed crossings of the County Road Regarding the request expressed by in Tongue River II. SEA’s analysis will at Four Mile Creek (proposed as a grade several commenters that a new NEPA include discussion of the following separated crossing), and where the document should be prepared which topics: biological and aquatic resources, Western Alignment would connect with addresses the entire 130-mile line from land use, cultural resources, water the approved Tongue River II route at Miles City to Decker, the Board does not quality, socioeconomics, environmental the north end (proposed as an at-grade believe it is necessary or appropriate to justice, transportation and safety, soils crossing). reopen and reconsider in their entirety and geology, air quality, aesthetics, B. Assess the potential for hazardous the authority granted in Tongue River I noise and vibration effects, recreation, materials transport through the corridor, and Tongue River II, both of which have and cumulative effects. Impacts on and the potential for the movement of long since become administratively Native Americans, including sites of more trains and coal than was final. Rather in the SEIS, SEA will importance to them, will also be envisioned in the July 17, 1992 Draft or evaluate the Western Alignment in full, addressed. Final EIS for Tongue River II. as well as refinements to the alignments The Draft SEIS will also incorporate C. Assess the potential for train previously considered in Tongue River the supplemental evidence submitted by derailments and grade crossing I and Tongue River II, where there have TRRC on May 1, 2003, where it relates accidents. been significantly changed to the project description, the project’s D. Assess the safety, operational, and circumstances indicating that what was purpose and need, and/or the potential maintenance advantages submitted by done before is no longer adequate. environmental impacts of the TRRC regarding the Western Alignment The amended scope of this SEIS has construction and operation of the as compared to the Four Mile Creek been developed in consultation with the proposed rail line. Alternative, including TRRC’s improved three cooperating agencies discussed Format of the SEIS overall grade, shorter travel distance, above. The cooperating agencies have reduced long-term operating and decision-making authority over Tongue The Draft SEIS will be organized into maintenance costs, and reduced need River III, independent of the Board, and three separate sections. The first section for helper engines. are the three principal agencies from will evaluate the potential impacts E. Assess the opportunities for access whom TRRC must obtain separate associated with the proposed Western by local property owners. approvals. To help these agencies fulfill Alignment in Tongue River III. The F. Evaluate concerns regarding fire their regulatory responsibilities and second section will provide the updated prevention and suppression. functions, and to avoid duplicative analysis relating to Tongue River I and G. Discuss the terms of the environmental analysis, SEA will Tongue River II, as discussed above. A Memorandum of Agreement between

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the Montana Department of and to wildlife migration along the in 1992); The American Indian Transportation and TRRC that relate to project corridor. Religious Freedom Act (as amended in potential environmental impacts and G. Develop appropriate mitigation to 1993); The Religious Freedom the implementation of mitigation ensure adequate protection from the Restoration Act (enacted in 1993); The measures. introduction and spread of noxious Sacred Sites Executive Order (released H. Develop any appropriate weeds. in 1996). mitigation. H. Develop an appropriate mitigation D. Provide the results of consultation plan for all wetlands and waters of the with representatives from the Northern 2. Land Use United States. Cheyenne and Crow tribes to solicit The SEIS will: I. Develop appropriate mitigation information about known properties, A. Evaluate impacts to property plans for erosion control, riverbank burials, or traditional use areas on or owners along the Western Alignment in stabilization, and the reclamation and adjacent to Tongue River III. terms of property acquisition, replanting of cut/fill slopes. E. Discuss the eligibility of the Spring agricultural productivity, and Creek Archeological District for the 4. Soils and Geology recreational activities. National Register of Historic Places, and B. Evaluate the impact to parcels with The SEIS will: potential impacts to this resource a future potential for mechanical A. Evaluate the potential for soil resulting from construction and irrigation. erosion during construction and long- operation of Tongue River III. C. Evaluate indirect or secondary term operation. impacts to land uses such as homes B. Evaluate soil composition and the 7. Energy located upstream from creek and river need for blasting. The SEIS will evaluate potential crossings. C. Evaluate the effect of blasting on impacts to energy resources, and D. Evaluate the impact of sidings as the Tongue River Reservoir dam, and develop any appropriate mitigation. well as the rail line itself. require a mitigation blasting plan if such E. Develop appropriate mitigation to activity is found to be necessary. 8. Air Quality address issues such as fencing, weed D. Evaluate the effect of topography The SEIS will: protection, cattle passes, and changes on runoff and flooding. A. Evaluate construction-period dust compensation for livestock killed by E. Evaluate proposed engineering of emissions from project construction. trains. bridges and culverts. B. Evaluate the effect of dust F. Develop any appropriate emissions from the long-term operation 3. Biological and Aquatic Resources mitigation. of the railroad on local recreation areas, The SEIS will: farms, and homes. 5. Water Quality A. Establish a baseline for diversity of C. Evaluate particulate emission from species for the Tongue River Region. The SEIS will: locomotive operation, and potential air The SEIS will map existing habitats A. Include a hydrological analysis of quality impacts on the Class I Northern using aerial photography and will the Tongue River and the potential Cheyenne Indian Reservation. describe the existing resources in the impact of the construction and D. Develop any appropriate Tongue River Valley, including operation of Tongue River III upon it. mitigation. vegetative communities, wildlife and B. Evaluate the specific potential of wildlife movement (especially erosion from cut/fill slopes to degrade 9. Noise and Vibration Effects pronghorn, elk, and deer migration, and the current water quality of the Tongue The SEIS will: also the impact to the movement of River and tributary streams, specifically A. Evaluate the project’s effect on smaller species such as turtles and other as it relates to Total Maximum Daily local property owners, residences, and amphibians), fisheries, and Federally Loads (TMDLs) established for these ranch operations. threatened or endangered species. water bodies. B. Evaluate the project’s effect on Wildlife inventories will be verified C. Develop any appropriate local recreational activities. through field surveys when and if mitigation. C. Evaluate the project’s effect on acquisition of the project right-of-way is livestock and wildlife. 6. Cultural Resources completed. D. If blasting is necessary for B. Include a Biological Assessment of The SEIS will: construction, evaluate the effect of such species, updating information from A. Evaluate potential impacts to blasting and vibration for the project on Tongue River II as appropriate. cultural and paleontological resources. the Tongue River Reservoir dam. Specifically, the assessment will B. Include the final terms of the E. Develop any appropriate investigate species identified by the U.S. Programmatic Agreement between the mitigation. Fish and Wildlife Service in the species Montana State Historic Preservation 10. Socioeconomics list recently provided for this project. Office, the Advisory Council on Historic C. Include a delineation of all prairie Preservation, BLM, MT DNRC, the The SEIS will: dog colonies to assist in determining the Corps, the Board, and TRRC. The A. Using Census 2000 data, evaluate presence of the Black-Footed Ferret. Programmatic Agreement will provide a potential impacts of Tongue River III on D. Include a survey of sensitive plant means for identifying and addressing local social and economic patterns species, including the woolly twinpod, impacts on cultural resources, including derived from physical changes. More Barr’s milkvetch, and nuttall desert- Native American resources. detailed analysis of socioeconomics can parsley. C. Discuss the results of consultation be addressed by the cooperating E. Include wetland analysis for all with Native American tribal agencies in their own review process. wetlands, riparian areas, and waters of governments, specifically the Northern This could include, as appropriate, the U.S., including creek and river Cheyenne and the Crow, taking into potential impacts of the project on local crossings. consideration the following regulatory population changes in terms of short- F. Develop appropriate mitigation to provisions and directives: The National term and long-term employment; address potential impacts to livestock Historic Preservation Act (as amended impacts of new students generated as a

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result of construction workers moving Advisory Council on Historic include a discussion of the designation into the region; increase in Taxable Preservation, BLM, MT DNRC, the of Hanging Woman Creek, and the Value for each of the alternatives; any Corps, and TRRC, finalize and upper and lower Tongue River as additional analysis conducted by BLM. implement an appropriate Programmatic impaired water bodies by the state of B. Develop any appropriate Agreement which will apply to the Montana. mitigation. entire line from Miles City to Decker, E. Include additional analysis, as 11. Recreation Montana. required, of potential environmental D. As requested by MT DNRC, the justice effects from construction and The SEIS will evaluate impacts to the Northern Cheyenne, and the Northern operation of Tongue River II on Tongue Tongue River State Recreation Area, and Plains Resource Council, provide a River III and the Four Mile Creek develop any appropriate mitigation. limited additional analysis of water Alternative, particularly focused on 12. Aesthetics quality to include a discussion of the impacts to Native Americans, including designation of Otter Creek, and the the Northern Cheyenne. The SEIS will: upper and lower Tongue River as A. Evaluate the visibility of the Section III project from the Tongue River State impaired water bodies by the state of Recreation Area. Montana. Cumulative Effects E. Evaluate effects on BLM property B. Evaluate the visibility of the project Cumulative effects of the construction in the areas of wildlife habitat; from county roads in the area. and operation of the entire line from vegetation; riparian/wetlands; livestock C. Evaluate the visibility of the project Miles City to Decker, MT will be grazing; soil, water, and air; cultural and resulting impacts to aesthetics to discussed in the SEIS. This cumulative resources; recreation; socioeconomic; local residents, Native Americans, impacts discussion will update the access; wilderness; and, environmental hunters, recreational users, sightseers, previous information contained in etc. justice. F. Include an analysis of potential Tongue River I and Tongue River II to D. Develop any appropriate include Custer Forest timber sales mitigation. impacts to the sturgeon chub, and the sicklefin chub, and include mitigation projections, as well as a discussion of 13. Environmental Justice to avoid construction during spawning/ reasonably foreseeable developments, including BLM’s recently approved The SEIS will include analysis as incubation periods. management plan relating to the required of potential environmental G. Include additional analysis related development of coal bed methane wells, justice effects from construction and to the proposed changes in the as well as expanded coal mine operation of the Western Alignment, alignment that may result in potential development in Wyoming, new power particularly focused on impacts to impacts to the Miles City Fish Hatchery. plants construction in Wyoming and Native Americans, including the The analysis will also consider changes Montana, and the recently approved Northern Cheyenne, and develop any to the hatchery, specifically the increase Dakota, Minnesota and Eastern rail line. appropriate mitigation. Pursuant to in the number of hatchery ponds and In addition, more general information guidance provided by the Council on the initiation of a new recovery program will be provided regarding future coal Environmental Quality, the preparation for the pallid sturgeon. mine development in the Ashland, MT of the SEIS will include public outreach Tongue River II area and the air quality effects of the use to ensure appropriate coordination with of low sulfur coal in power production. affected low-income and minority TRRC sought in Tongue River II to Impacts to Native Americans will also populations. The public outreach will extend the rail line approved in Tongue be addressed. ensure that affected communities have River I another 41 miles from Ashland adequate opportunities for public to Decker, Montana. In 1996, the Board By the Board, Victoria Rutson, Chief, participation and comment on the Draft approved Tongue River II via the Four Section of Environmental Analysis. SEIS. Mile Creek Alternative. Vernon A. Williams, The SEIS will: Secretary. Section II A. Based on consultation with the [FR Doc. 03–21550 Filed 8–21–03; 8:45 am] Tongue River I and Tongue River II Corps, update the existing wetland delineation and functional analysis BILLING CODE 4915–00–P Tongue River I information for all creek and river Tongue River I is TRRC’s original crossings to the extent necessary in DEPARTMENT OF TRANSPORTATION application for construction and connection with the Corps’ permitting operation of 89 miles of railroad process. Surface Transportation Board between Miles City, Montana, and two B. Based on consultation with the [STB Finance Docket No. 34388] termini in Ashland, Montana, which U.S. Fish and Wildlife Service, update biological assessment information to the was approved by the Board’s Union Pacific Railroad Company— extent deemed necessary. predecessor agency in 1986. Trackage Rights Exemption—Omaha C. In consultation with the Montana The SEIS will: Public Power District A. Include a wetland analysis for all State Historic Preservation Office, the wetlands and waters of the U.S. Advisory Council on Historic Pursuant to a trackage rights including creek and river crossings Preservation, BLM, MT DNRC, the agreement dated July 25, 2003,1 between because there was no requirement that Corps, and TRRC finalize an appropriate Union Pacific Railroad Company (UP) one be done when the EIS in Tongue Programmatic Agreement, which will River I was prepared. apply to the entire line from Miles City 1 A redacted version of the trackage rights B. Update Biological Assessment to Decker, Montana. agreement between UP and OPPD was filed with information based on consultation with D. As requested by the MT DNRC, the the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), the U.S. Fish and Wildlife Service. Northern Cheyenne, and the Northern was concurrently filed under seal along with a C. In consultation with the Montana Plains Resource Council, provide a motion for protective order. A protective order was State Historic Preservation Office, the limited analysis of water quality to served on August 14, 2003.

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and Omaha Public Power District DEPARTMENT OF THE TREASURY Learning about the law or 1 hr., 19 min. (OPPD), OPPD has agreed to grant to UP the form. local trackage rights on OPPD’s entire Submission for OMB Review; Preparing the form ...... 6 hr., 28 min. line of railroad between milepost 6.0 Comment Request Copying, assembling, and 1 hr., 16 min. near Arbor, NE, and milepost 56.3 near sending the form to the August 11, 2003. College View, NE, a distance of IRS. The Department of Treasury has approximately 56.65 miles.2 The transaction is scheduled to be submitted the following public Frequency of Response: Annually. consummated on January 1, 2004. information collection requirement(s) to OMB for review and clearance under the Estimated Total Reporting/ The purpose of the trackage rights is Recordkeeping Burden: 4,790,964 hours. to permit UP to provide service to Paperwork Reduction Act of 1995, OPPD’s Nebraska City Power Station Public Law 104–13. Copies of the OMB Number: 1545–0123. and to other shippers located along the submission(s) may be obtained by Form Number: IRS Form 1120 and calling the Treasury Bureau Clearance rail line. Schedule D, H, N, and PH. As a condition to this exemption, any Officer listed. Comments regarding this employees affected by the trackage information collection should be Type of Review: Extension. rights will be protected by the addressed to the OMB reviewer listed Title: For 1120, U.S. Corporation conditions imposed in Norfolk and and to the Treasury Department Income Tax Return; Schedule D, Capital Western Ry. Co.—Trackage Rights—BN, Clearance Officer, Department of the Gains and Losses; Schedule H, Section 354 I.C.C. 605 (1978), as modified in Treasury, Room 11000, 1750 280H Limitations for a Personal Service Mendocino Coast Ry., Inc.—Lease and Pennsylvania Avenue, NW., Corporation (PSC); Schedule N, Foreign Operate, 360 I.C.C. 653 (1980). Washington, DC 20220. Operations of the U.S. Corporations; and This notice is filed under 49 CFR DATES: Written comments should be Schedule PH, U.S. Personal Holding. 1180.2(d)(7). If it contains false or received on or before September 22, misleading information, the exemption 2003 to be assured of consideration. Description: Form 1120 is used by is void ab initio. Petitions to revoke the corporations to compute their taxable Internal Revenue Service (IRS) exemption under 49 U.S.C. 10502(d) income and tax liability. Schedule D may be filed at any time. The filing of OMB Number: 1545–0089. (Form 1120) is used by corporations to a petition to revoke will not Form Number: IRS Form 1040NR. report gains and losses from the sale of automatically stay the transaction. Type of Review: Revision. capital assets. Schedule PH (Form 1120) An original and 10 copies of all Title: U.S. Nonresident Alien Income is used by personal holding companies pleadings, referring to STB Finance Tax Return. to figure the personal holding company Docket No. 34388, must be filed with Description: Form 1040NR is used by tax under section 541. Schedule H the Surface Transportation Board, 1925 nonresident alien individuals and (Form 1120) is used by personal service K Street, NW., Washington, DC 20423– foreign estates and trusts to report their corporations to determine if they have income subject to tax and compute the 0001. In addition, a copy of each met the minimum distribution correct tax liability. The information on pleading must be served on Robert T. requirements of section 280H. Schedule the return is used to determine whether Opal, General Commerce Counsel, 1416 N (Form 1120) is used by corporations income, deductions, credits, payments, Dodge Street, Room 830, Omaha, NE that have assets in or business 68179. etc., are correctly figured. Affected public are nonresident alien operations in a foreign country or a U.S. Board decisions and notices are possession. The IRS uses these forms to available on our Web site at http:// individuals, estates, and trusts. determine whether corporations have www.stb.dot.gov. Respondents: Individuals or households, Business of other for-profit, correctly computed their tax liability. Decided: August 14, 2003. Farms. Respondents: Business or other for- By the Board, David M. Konschnik, Estimated Number of Respondents/ profit, Farms. Director, Office of Proceedings. Recordkeepers: 309,170. Vernon A. Williams, Estimated Burden Per Respondent/ Estimated Number of Respondent/ Secretary. Recordkeeper: Recordkeepers: 1,990,783. [FR Doc. 03–21298 Filed 8–21–03; 8:45 am] Estimated Burden Hours Per BILLING CODE 4915–00–P Recordkeeping ...... 6 hr., 33 min. Respondent/Recordkeeper:

Copying assem- Learning about the law or bling, and send- Form Recordkeeping the form Preparing the form ing the form to the IRS

1120 ...... 70 hr., 47 min ...... 42 hr., 1 min ...... 72 hr., 56 min ...... 8 hr., 2 min. 1120–A ...... 43 hr., 45 min ...... 24 hr., 34 min ...... 49 hr., 3 min ...... 5 hr., 5 min. Schedule D (1120) ...... 6 hr., 56 min ...... 3 hr., 55 min ...... 6 hr., 3 min ...... 32 min. Schedule H (1120) ...... 65 hr., 58 min ...... 35 min ...... 43 min ...... Schedule N (1120) ...... 3 hr., 35 min ...... 1 hr., 7 min ...... 3 hr., 6 min ...... 32 min. Schedule PH (1120) ...... 15 hr., 18 min ...... 6 hr., 12 min ...... 8 hr., 35 min ...... 32 min.

2 UP indicates that the milepost designations of rights segment includes two line segments with Nebraska City, and a connecting 51.35-mile segment the end points do not reflect the actual length of noncontiguous mileposts; a 5.3-mile segment from from milepost 4.95 near Nebraska City to milepost the trackage rights segment because the trackage milepost 6.0 near Arbor to milepost 0.7 near 56.3 near College View.

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Frequency of Response: Annually. Built-In Gains; and Schedule K–1 (Form deductions, credits, etc. IRS uses the Estimated Total Reporting/ 1120S), Shareholder’s Share of Income, information to determine the correct tax Recordkeeping Burden: 367,686,291 Credits, Deductions, etc. for the S corporation and its hours. Description: Form 1120S, Schedule D shareholders. OMB Number: 1545–0130. (Form 1120S), and Schedule K–1 (Form Respondents: Business or other for- Form Number: IRS Form 1120S, 1120S) are used by an S Corporation to profit, Farms. Schedule D, and Schedule K–1. figure its tax liability, and income and Type of Review: Revision. other tax-related information to pass Estimated Number of Respondents/ Title: Form 1120S, Income Tax Return through to its shareholders. Schedule Recordkeepers: 1,880,000. for an S Corporation; Schedule D (Form K–1 is used to report to shareholders Estimated Burden Hours Per 1120S), Capital Gains and Losses and their share of the corporation’s income, Respondent/Recordkeeper:

Copying assem- Learning about the law or bling, and send- Form Recordkeeping the form Preparing the form ing the form to the IRS

1120 S ...... 64 hr., 5 min ...... 24 hr., 24 min ...... 46 hr., 58 min ...... 5 hr., 54 min. 1120 D (1120S) ...... 10 hr., 2 min ...... 4 hr., 31 min ...... 9 hr., 32 min ...... 1 hr., 20 min. Schedule K-1 (1120S) ...... 16 hr., 58 min ...... 10 hr., 36 min ...... 15 hr., 4 min ...... 1 hr., 4 min.

Frequency of Response: Annually. Title: Estimated Tax for Corporations. Respondents: Business or other for- Estimated Total Reporting/ Description: Form 1120–W is used by profit. Recordkeeping Burden: 486,292,100 corporations to figure estimated tax Estimated Number of Respondents/ liability and the amount of each hours. Recordkeepers: 900,000. OMB Number: 1545–0975. installment payment. Form 1120–W is a Form Number: Form 1120–W. worksheet only. It is not to be filed with Estimated Burden Hours Per Type of Review: Revision. the Internal Revenue Service. Respondent/Recordkeeper:

Learning about the law or the Preparing the Form Recordkeeping form form

1120–W ...... 8 hr., 7 min...... 1 hr., 0 min...... 1 hr., 10 min. 1120–W, Schedule. A (Part I) ...... 22 hr., 43 min...... 6 min...... 28 min. 1120–W, Schedule A (Part II) ...... 10 hr., 31 min...... 35 min...... 48 min. 1120–W, Schedule A (Part III) ...... 6 hr., 13 min...... 6 min.

Frequency of Response: Annually. submission(s) may be obtained by Respondents: Business of other for- Estimated Total Reporting/ calling the Treasury Bureau Clearance profit. Recordkeeping Burden: 9,316,190 hours. Officer listed. Comments regarding this Estimated Number of Recordkeepers: Clearance Officer: Glenn Kirkland information collection should be 50,000. (202) 622–3428, Internal Revenue addressed to the OMB reviewer listed Estimated Burden Hours Service, Room 6411–03, 1111 and to the Treasury Department Recordkeeper: 1 hour. Constitution Avenue, NW., Washington, Clearance Officer, Department of the Estimated Total Recordkeeping DC 20224. Treasury, Room 11000, 1750 Burden: 50,000 hours. OMB Reviewer: Joseph F. Lackey, Jr. Pennsylvania Avenue, NW., OMB Number: 1545–0950. (202) 395–7316, Office of Management Washington, DC 20220. Form Number: IRS Form 23. and Budget, Room 10235, New Dates: Written comments should be Type of Review: Extension. Executive Office Building, Washington, received on or before September 22, Title: Application for Enrollment to DC 20503. 2003 to be assured of consideration. Practice Before the Internal Revenue Lois K. Holland, Service. Internal Revenue Service Description: Form 23 must be Treasury PRA Clearance Officer. OMB Number: 1545–0945. completed by those who desire to be [FR Doc. 03–21536 Filed 8–21–03; 8:45 am] enrolled to practice before the Internal Regulation Project Number: F1–255– BILLING CODE 4830–01–P Revenue Service. The information on 82 NPRM and Temporary. the form will be used by the Director of Type of Review: Extension. Practice to determine the qualifications DEPARTMENT OF THE TREASURY Title: Registration Requirements With and eligibility of applicants for Respect to Debt Obligations. Submission for OMB Review; enrollment. Comment Request Description: The rule requires an Respondents: Individuals or issuer of a registration-required households, Federal Government. August 13, 2003. obligation and any person holding the Estimated Number of Respondents: The Department of Treasury has obligation as a nominee or custodian on 2,400. submitted the following public behalf of another to maintain ownership Estimated Burden Hours Per information collection requirement(s) to records in a manner which will permit Respondent: 1 hour. OMB for review and clearance under the examination by the IRS in connection Estimated Total Reporting Burden: Paperwork Reduction Act of 1995, with enforcement of the Internal 2,400 hours. Public Law 104–13. Copies of the Revenue laws. OMB Number: 1545–1538.

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Notice Number: Notice 97–34. Estimated Number of Respondents: 1. must be made with Mary Peterson Type of Review: Extension. Estimated Burden Hours Per O’Brien. Ms. O’Brien can be reached at Title: Information Reporting on Respondent: 1 hour. 1–888–912–1227 or (206) 220–6098. Transactions With Foreign Trust and on Estimated Total Reporting Burden: 1 The agenda will include the Large Foreign Gifts. hour. following: Various IRS issues. Description: This notice provides Clearance Officer: Glenn Kirkland Deryle J. Temple, guidance on the foreign trust and (202) 622–3428, Internal Revenue Director, Taxpayer Advocacy Panel. foreign gift information reporting Service, Room 6411–03, 1111 provisions contained in the Small Constitution Avenue, NW., Washington, [FR Doc. 03–21605 Filed 8–21–03; 8:45 am] Business Job Protection Act of 1996. DC 20224. BILLING CODE 4830–01–P Respondents; Business or other for- OMB Reviewer: Joseph F. Lackey, Jr. profit, Individuals or households, Not- (202) 395–7316, Office of Management for-profit institutions. and Budget, Room 10235, New DEPARTMENT OF VETERANS Estimated Number of Respondents/ Executive Office Building, Washington, AFFAIRS Recordkeepers: 5,000. DC 20503. Estimated Burden Hours Per Privacy Act of 1974; Notice of Respondent/Recordkeeper: 45 minutes. Lois K. Holland, Matching Program Treasury PRA Clearance Officer. Frequency of Response: Annually. AGENCY: Department of Veterans Affairs. Estimated Total Reporting/ [FR Doc. 03–21537 Filed 8–21–03; 8:45 am] ACTION: Notice. Recordkeeping Burden: 3,750 hours. BILLING CODE 4830–01–P OMB Number: 1545–1556. SUMMARY: Notice is hereby given that Regulation Project Number: REG– the Department of Veterans Affairs (VA) 251985–96 Final. DEPARTMENT OF THE TREASURY intends to conduct a recurring computer Type of Review: Extension. program matching Internal Revenue Title: Source of Income From Sales of Internal Revenue Service Service (IRS) records with VA pension Inventory Partly From Sources Within a and parents’ dependency and indemnity Possession of the United States; Also, Open Meeting of the Area 7 Taxpayer Advocacy Panel (Including the State of compensation (DIC) records. Source of Income Derived From Certain The purpose of this match is to California) Purchases From a Corporation Electing compare income status as reported to Section 936. AGENCY: Internal Revenue Service (IRS), VA with records maintained by IRS. The Description: The information Treasury. legal authority for this match is section requested in section 1.863–3(f)(6) is ACTION: Notice. 6103(l)(7) of the Internal Revenue Code necessary for the Service to audit (26 U.S.C. 6103(l)(7)) and 38 U.S.C. taxpayers’ returns to ensure taxpayers SUMMARY: An open meeting of the Area 5317. are properly determining the source of 7 Taxpayer Advocacy Panel will be VA plans to match records of their income. conducted (via teleconference). The veterans, surviving spouses and Respondents: Business or other for- Taxpayer Advocacy Panel (TAP) is children who receive pension, and profit. soliciting public comments, ideas, and parents who receive DIC, with data from Estimated Number of Respondents: suggestions on improving customer the IRS income tax return information 200. service at the Internal Revenue Service. as it relates to unearned income. Estimated Burden Hours Per The TAP will use citizen input to make VA will use this information to adjust Respondent: 2 hours and 30 minutes. recommendations to the Internal VA benefit payments as prescribed by Estimated Total Reporting Burden: Revenue Service. law. The proposed matching program 500 hours. will enable VA to ensure accurate DATES: The meeting will be held OMB Number: 1545–1840. reporting of income. Monday, September 23rd, 2003. Regulation Project Number: REG– Records To Be Matched: VA records 107618 NPRM and Temporary. FOR FURTHER INFORMATION CONTACT: involved in the match are the VA Type of Review: Extension. Mary Peterson O’Brien at 1–888–912– system of records, Compensation, Title: Automatic Extension of Time to 1227, or 206–220–6098. Pension, Education and Rehabilitation File Certain Information Returns and SUPPLEMENTARY INFORMATION: Notice is Records—VA (58 VA 21/22). The IRS Exempt Organizations Returns. hereby given pursuant to Section records will come from the Wage and Description: The regulations provide 10(a)(2) of the Federal Advisory Information Returns (IRP) Processing an automatic extension of time to file Committee Act, 5 U.S.C. App. (1988) File, Treas/IRS 22.061, hereafter referred certain information returns and exempt that an open meeting of the Area 7 to as the Information Return Master File organization returns. The regulations Taxpayer Advocacy Panel will be held (IRMF), as published at 66 FR 63797 remove the requirement for a signature Monday, September 23rd, 2003 from (December 10, 2001) through the and an explanation to obtain an Noon Pacific Time to 1 p.m. Pacific Disclosure of Information to Federal, automatic extension of time to file Time via a telephone conference call. State and Local Agencies (DIFSLA) information returns; they also remove The public is invited to make oral program. In accordance with Title 5 the requirement for a signature and an comments. Individual comments will be U.S.C. subsection 552a(o)(2) and (r), explanation to obtain an automatic limited to 5 minutes. If you would like copies of the agreement are being sent extension of time to file exempt to have the TAP consider a written to both Houses of Congress and to the organization returns. The regulations statement, please call 1–888–912–1227 Office of Management and Budget affect taxpayers required to file certain or (206) 220–6098, or write to Mary (OMB). information returns and/or exempt Peterson O’Brien, TAP Office, 915 2nd This notice is provided in accordance organization returns who need an Avenue, MS W–406, Seattle, WA 98174. with the provisions of the Privacy Act extension of time to file. Due to limited conference lines, of 1974 as amended by P.L. 100–503. Respondents: Business or other for- notification of intent to participate in DATES: The match will start no sooner profit, Not-for-profit institutions. the telephone conference call meeting than 30 days after publication of this

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Notice in the Federal Register, or 40 compliance with the original matching FOR FURTHER INFORMATION CONTACT: Paul days after copies of this Notice and the program. Trowbridge (212B), (202) 273–7218. agreement of the parties are submitted ADDRESSES: SUPPLEMENTARY INFORMATION: to Congress and OMB, whichever is Mail or hand-deliver This later, and end not more than 18 months written comments to: Director, information is required by Title 5 U.S.C. after the agreement is properly Regulations Management (00REG1), 552a(e)(12), the Privacy Act of 1974. A implemented by the parties. The Department of Veterans Affairs, 810 copy of this notice has been provided to involved agencies’ Data Integrity Boards Vermont Avenue, NW., Washington, DC both Houses of Congress and OMB. (DIB) may extend this match for 12 20420. All comments received will be Approved: August 4, 2003. available for public inspection in the months provided the agencies certify to Anthony J. Principi, their DIBs within three months of the Office of Regulation Policy and ending date of the original match that Management, Room 1158, 810 Vermont Secretary of Veterans Affairs. the matching program will be conducted Avenue, NW., Washington, DC 20420, [FR Doc. 03–21566 Filed 8–21–03; 8:45 am] without change and that the matching between 8 a.m. and 4:30 p.m., Monday BILLING CODE 8320–01–M program has been conducted in through Friday except holidays.

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Corrections Federal Register Vol. 68, No. 163

Friday, August 22, 2003

This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION Thursday, August 14, 2003, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Federal Aviation Administration and Notice documents. These corrections are §73.58 [Amended] prepared by the Office of the Federal 14 CFR Part 73 On page 48581, in the first column, in Register. Agency prepared corrections are §73.58, under the paragraph titled, ‘‘R– issued as signed documents and appear in [Docket No. FAA-2003-13850; Airspace 5802E Fort Indiantown Gap, PA the appropriate document categories Docket No. 02-AEA-19] elsewhere in the issue. [New],’’ in the second line, ‘‘long. RIN 2120-AA66 74°42′59″ W.’’ should read ‘‘long. 76°42′59″ W.’’. Proposed Amendment of Restricted [FR Doc. C3–20772 Filed 8–21–03; 8:45 am] Areas R–5802A and B; and Establishment of Restricted Areas R– BILLING CODE 1505–01–D 5802C, D, and E, Fort Indiantown Gap, PA Correction In proposed rule document 03–20772 beginning on page 48579 in the issue of

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Part II

Department of Health and Human Services Centers for Medicare and Medicaid Services

42 CFR Parts 409, 417, and 422 Medicare Pragram; Modifications to Managed Care Rules; Final Rule

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DEPARTMENT OF HEALTH AND previously authorized. Three types of The final rule published on March 22, HUMAN SERVICES M+C plans were authorized under the 2002 revised the regulations to reflect new Part C, as follows: the changes to the BBRA provided in Centers for Medicare & Medicaid • M+C coordinated care plans, sections 502, 511, and 512 of the BIPA. Services including HMO plans (with or without C. Medicare, Medicaid, and SCHIP point-of-service options), provider- 42 CFR Parts 409, 417, and 422 Benefits Improvement and Protection sponsored organization (PSO) plans, Act of 2000 [CMS–4041–F] and preferred provider organization (PPO) plans. The Medicare, Medicaid, and SCHIP RIN 0938–AK71 • M+C medical savings account Benefits Improvement and Protection (MSA) plans (combinations of a high- Act of 2000 (the BIPA) (Pub. L. 106– Medicare Program; Modifications to deductible M+C health insurance plan 554), enacted December 21, 2000, Managed Care Rules and a contribution to an M+C MSA). further amended the M+C provisions of the Act. The final rule published on AGENCY: • M+C private fee-for-service plans. Centers for Medicare & March 22, 2002 amended the Medicaid Services (CMS), HHS. B. Medicare, Medicaid, and SCHIP regulations to reflect changes made by ACTION: Final rule. Balanced Budget Refinement Act of certain provisions of the BIPA, 1999 including those discussed in section I.B SUMMARY: This final rule responds to of this preamble, that amended comments that we received on a The Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of provisions enacted in the BBRA. We proposed rule that was published in the published a proposed rule in the 1999 (BBRA) (Pub. L. 106–113) Federal Register on October 25, 2002. It Federal Register on October 25, 2002 amended the M+C provisions of the Act. implements certain provisions relating (67 FR 65672) that would revise M+C In a final rule that we published in the to the Medicare+Choice (M+C) program regulations to implement sections 605, Federal Register on June 29, 2000 (65 that were enacted in the Medicare, 606, 611, 612, 615, 617, 620, 621, and FR 40170), we invited comments on Medicaid, and SCHIP Benefits 623 of the BIPA. In the October 2002 many of the BBRA amendments. We Improvement and Protection (BIPA) Act proposed rule, we also proposed noted in the October 25, 2002, proposed of 2000. It also addresses comments on, modifying certain M+C regulatory rule that we would respond to the and makes revisions to, regulations that provisions in response to program comments relating to these BBRA were discussed in the October 2002 experience and feedback from M+C provisions in this final rule. proposed rule that were based on M+C organizations. program experience and feedback from We received comments from five M+C organizations. organizations. Most of the comments D. Organization of the Preamble EFFECTIVE DATES: This final rule is were supportive of the changes brought The discussion of various policy effective on September 22, 2003. about by the BBRA amendments and do issues in this final rule corresponds not require our response. Most of the FOR FURTHER INFORMATION CONTACT: with the discussion of regulatory other comments addressed provisions Tony Hausner, (410) 786–1093. revisions that were presented in the other than the BBRA amendments. October 2002 proposed rule. For the SUPPLEMENTARY INFORMATION: Rather they focused on the provisions of convenience of the reader, the analysis I. Background the final rules dealing with the BBA of comments and our responses are published on June 29, 2000. The A. Balanced Budget Act of 1997 integrated with the discussion of each following discussion responds to the issue. Section 4001 of the Balanced Budget comments made on BBRA. To accommodate the preamble’s Act of 1997 (BBA) (Pub. L. 105–33), Comment: Two major organizations organization, we modified the added sections 1851 through 1859 to the commented on risk adjustment. One numbering scheme accordingly. For Social Security Act (the Act) organization expressed concern that the example, roman numeral II is now establishing a new Part C of the collection of encounter data from Analysis of and Responses to Public Medicare program, known as the physicians would be burdensome to Comments (instead of Provisions of this Medicare+Choice (M+C) program. physicians. A second organization Proposed Rule), roman numeral III is Under section 1851(a)(1) of the Act, indicated that they did not want to see Provisions of this Final Rule, and so every individual entitled to Medicare a delay in implementation of the risk forth. Part A and enrolled under Part B, except adjustment schedule as contained in We have also included a new section for individuals with end-stage renal BBRA. (II–A–10) discussing the fact that this disease, could elect to receive benefits Response: Legislation has determined final rule makes revisions to the either through the original Medicare fee- the specifics of the schedules that CMS regulations text to reflect changes to the for-service program or a M+C plan, if has implemented as to risk adjustment statute made by section 616, which one was offered where he or she lived. and the collection of encounter data. focuses on eliminating health disparities The primary goal of the M+C program Section 511(a) of the BBRA amended in the M+C program. We have provided was to provide Medicare beneficiaries section 1853(a) of the Act by providing a good cause statement for the inclusion with a wider range of health plan for a risk adjustment transition schedule of these revisions in this final rule to choices through which to obtain their for calendar years (CY) 2000 and 2001 waive the requirement for notice and Medicare benefits. The BBA authorized that differed from the one that we had comment. As in the case of the revisions a variety of private health plan options provided as part of our risk adjustment to the regulations made in the final rule for beneficiaries, including both the methodology. The schedule was again published on March 22, 2002, notice traditional managed care plans (such as modified in the Medicare, Medicaid, and comment are not necessary since those offered by health maintenance and SCHIP Benefits Improvement and these revisions have no legal effect. organizations (HMOs)) that had been Protection Act of 2000 (BIPA). Other Rather, they simply amend the text of offered under section 1876 of the Act, BBRA provisions were also changed by the regulations to reflect statutory and new options that were not the BIPA. provisions whose applicability is

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unaffected by these changes in based on a base year (1997) amount that Comment: Several commenters regulation text. Although we are still represented 95 percent of projected believe that the proposed revision to sorting through implementation issues State average fee-for-service costs, as ESRD rates at § 422.250(a)(2)(i) should associated with this provision, we determined at that time. include payments made by primary wanted to ensure that Congressional Under section 605(c) of the BIPA, we payers other than Medicare, such as intent on this issue is reflected in M+C were required to publish for public employer group health plans or other regulations. comment a description of the insurers. Since the M+C ESRD rates In addition, we have made some adjustments we proposed to make in include the costs of beneficiaries with minor revisions to Subpart O in an accordance with section 605(a) of the Medicare as Secondary Payer (MSP) attempt to clarify information BIPA. We published a proposed notice status but exclude payments made by concerning our sanction authority. on May 1, 2001 (66 FR 21770) soliciting other primary payers such as employer These changes do not add any new comments on the proposed adjustments. group health plans or other insurers, the requirements, but serve to improve the Section 605(c) of the BIPA further M+C ESRD rates are artificially low and regulatory language to more clearly required us to publish these adjustments do not reflect the actual health care affect the intent of the existing in final form so that the amendment costs. Two commenters also contended regulations (and statutory intent). We made by section 605(a) of the BIPA that the proposed payment methodology discuss these changes in the preamble would be implemented consistent with appears to be contrary to the provisions and have modified the regulations section 605(b) of the BIPA (which set forth in section 605(a) of the BIPA, accordingly. provided that the adjustments were to which requires us to ‘‘provide for become effective with payments made appropriate adjustments to the M+C II. Analysis of and Responses to Public for January 2002). We published this ESRD payment rates * * * to reflect the Comments final notice in the Federal Register on demonstration rate of the social health In addition to the Response to October 1, 2001 (66 FR 49958). The maintenance organization ESRD Comments made above in reference to foregoing process was separate from this capitation demonstration.’’ These the BBRA, we received 10 letters rulemaking. In the October 2002 commenters refer to a statement in the containing over 100 specific comments. proposed rule, however, we proposed proposed Notice that the Demonstration Comment letters were received from revisions to § 422.250(a)(2)(i)(B) to rates were about 20 percent over rates trade associations that represent reflect our approach to implementing paid outside the Demonstration because providers and consumers, managed care the requirements of section 605(a) of the beneficiaries with MSP were not organizations, and one individual. BIPA. allowed to enroll in the Demonstration. Below is a list of the areas that The new ESRD payment methodology The commenters conclude that the generated the most concern. set forth in the final notice published on revisions to the ESRD payment • October 1, 2001— methodology will significantly decrease Part 422 Subpart M—Grievances, • Organization Determinations, and Increased the ESRD base payment the payment rates for M+C ESRD Appeals rate for CY 2002 by 3 percent. We enrollees. • Part 422 Subpart C—Benefits and determined in the final notice that a 3 Response: As we stated in the October Beneficiary Protections percent increase in the base rate was the 1, 2001 final notice, we recognize that • Part 422 Subpart B—Eligibility, most appropriate proxy for 100 percent MSP for M+C ESRD enrollees is an Election, and Enrollment of the estimated per capita fee-for- issue. We noted that we would explore • Part 417 Subpart L—Medicare service expenditures for ESRD options within our payment system for Contract Requirements. beneficiaries, and the most appropriate addressing MSP status while proceeding way to reflect the demonstration rates; to implement in CY 2002 the 3 percent A. Medicare, Medicaid, and SCHIP and base rate increase and the age and sex Benefits Improvement and Protection • Adjusted State per capita rates by adjusters. Act of 2000 age and sex factors, in order to reflect The ESRD Demonstration did not 1. Revision of Payment Rates for End- differences in costs among ESRD allow ESRD beneficiaries with MSP to Stage Renal Disease (ESRD) Patients patients. enroll, and thus these beneficiaries were These adjustment factors and rates for Enrolled in Medicare+Choice Plans excluded from calculation of CY 2002 for enrollees with ESRD can be Demonstration payment rates. We are Section 605(a) of the BIPA amended found on our Web site at unable to exclude from the M+C section 1853(a)(1)(B) of the Act by http:www.cms.gov/stats/hmorates/ program any beneficiaries with MSP requiring us to provide for appropriate aapccpg.htm#2002rates. who develop ESRD. Thus, we had to adjustments to the M+C ESRD payment For the purpose of M+C payment, find a way to adapt the ESRD rates, effective January 1, 2002, to reflect ESRD beneficiaries include all demonstration methodology to this the demonstration rate (including the beneficiaries with ESRD, whether different population. The provision for risk adjustment methodology associated entitled to Medicare because of ESRD, ‘‘adjustments’’ to ‘‘reflect’’ the with the demonstration rate) of the disability, or age. Under the new M+C demonstration rates and methodology social health maintenance organization ESRD payment methodology published does not mean that we must necessarily ESRD capitation demonstration. This on October 1, 2001, rates would pay the same amount where the demonstration assessed whether it continue to include the costs of applicable circumstances, in this case would be feasible to allow Medicare beneficiaries with Medicare as the presence of beneficiaries with MSP, ESRD patients of all ages to enroll in Secondary Payer (MSP) status. (Costs to are different. M+C plans and to test risk-adjusted Medicare of M+C ESRD enrollees with To assess whether the proposed M+C capitation payments for ESRD MSP status do not include payments ESRD payment rates would increase or beneficiaries. made by other primary payers such as decrease payments to M+C Before January 1, 2002, M+C ESRD employer group health plans or other organizations, the appropriate capitation payments were based on insurers.) comparison would be M+C ESRD rates State level base rates that were not risk- Several organizations commented on in effect prior to 2002, not the rates paid adjusted. The base payment rates were the revision of § 422.250(a)(2)(i). the ESRD Demonstration sites. The M+C

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ESRD rates in effect prior to CY 2002 by the Congress. Before the enactment of regularly scheduled beneficiary included the costs of beneficiaries with the BIPA, section 1852(a)(5) provided communication. If the new NCD or MSP, and we continued this approach. that if a national coverage determination legislative change in benefits meets the Two commenters are not correct in (NCD) of the Secretary which took effect ‘‘significant cost’’ threshold per stating that the proposed M+C ESRD after M+C payment rates were § 422.109(a), the written explanation to payment rates will significantly announced for a particular year, and beneficiaries about the new coverage decrease payments to M+C that NCD would result in ‘‘a significant will include the fact that the service will organizations. In fact, the base rates change in the costs to a be paid in accordance with original were increased 3 percent under the Medicare+Choice organization,’’ M+C Medicare payment rules and will method effective CY 2002. As we stated organizations were not required to cover include information on financial in the final notice, given current them under their contracts, but the liability enrollees will have. enrollment restrictions, we estimate that services were instead paid for on a fee- Comment: One commenter suggested the age- and sex-adjusted average ESRD for-service basis through our fiscal that the final rule require M+C payment per beneficiary will result in a intermediaries or carriers, until the next organizations to provide a statement in significant increase in payments to M+C annual M+C payment announcement is their Summary of Benefits that new organizations for their ESRD enrollees. made following the coverage change. Medicare benefits will be paid under Accordingly, we are retaining the Under the pre-BIPA version of section traditional Medicare. It was also language we proposed which reflects 1853(c)(7) of the Act, if an NCD resulted suggested that an explanation of the the methodology we adopted through in ‘‘significant’’ costs, we were required method by which enrollees in an M+C the 2001 notice process. to ‘‘adjust appropriately’’ capitation plan can access new benefits and services be included in the model 2. Permitting Premium Reductions as payments to reflect the new costs. Section 611 of BIPA extended these Evidence of Coverage. Additional Benefits Under provisions to changes in coverage Response: It would be misleading to Medicare+Choice Plans resulting from legislation, in addition to state that any new Medicare benefits Section 606 of the BIPA amended those resulting from NCDs. We would be paid under traditional section 1854(f)(1) of the Act to permit proposed revisions to § 422.109 to Medicare rules. Unless new benefits M+C organizations to elect to reduce or reflect these amendments. We received meet the ‘‘significant’’ cost threshold, eliminate standard Part B premiums for several comments on our proposed the M+C organization is required to their M+C Medicare enrollees, as an revised regulations. cover them under its contract in additional benefit, if the M+C Comment: Several commenters exchange for its capitation payment. As organization has an adjusted excess expressed concern that people enrolled stated above, M+C organizations are amount, as defined in § 422.312(a)(2), in M+C organizations may not already held responsible for notifying for that plan in a contract year, understand that new benefits or services enrollees of new coverage and of any beginning in CY 2003. Under section available as a result of a national cost sharing liability related to a new 606 of the BIPA, M+C organizations can coverage determination (NCD) or service, if the new service meets the elect to accept lower payments from us legislative change in benefits may be ‘‘significant cost’’ threshold. Therefore, and apply 80 percent of the reduction to paid in a different manner than other we do not believe it is feasible or even reduce the standard Part B premiums of covered benefits when we determine necessary to include the notification M+C beneficiaries enrolled in that plan. that the costs of NCDs or legislative with respect to specific NCDs in the The amount of the reduction in changes in benefits are ‘‘significant.’’ standardized Summary of Benefits or payments to the M+C organizations may The commenters suggested that we the annual Evidence of Coverage, not exceed 125 percent of the Medicare publicize when new coverage is because NCDs can be effective at any standard Part B premium rate set by us available, require M+C organizations to time during the year. We believe our for that year, which is the amount that notify their members of the availability current policy of having M+C would result in eliminating the average of the new benefits or services, and organizations inform enrollees of NCDs enrollee’s liability for the Part B require M+C organizations to notify when they occur both protects premium entirely. The reduction must their members about the manner in beneficiaries and prevents confusion. be applied uniformly to all similarly which Medicare coverage and payment Comment: One commenter suggested situated enrollees of the M+C plan. would take place. It was recommended that we explain, in our program In addition, section 606 of the BIPA that the notification should include a memoranda on new benefits, the required that the list of information clear explanation of whether, and how procedures for direct reimbursement by made available to each enrollee electing much, the beneficiary might have to pay the fiscal intermediary and the carrier in an M+C plan must also include a for the benefit or service until it is cases that meet the ‘‘significant cost’’ description of any reduction in the Part included in the M+C organization’s threshold and therefore are not covered B premiums. We proposed revising capitation payment. by the M+C organization. § 422.2, § 422.111(f), § 422.250(a)(1), and Response: We will continue to require Response: We will make every effort § 422.312 to reflect these provisions in M+C organizations to notify plan to provide the suggested explanation in the regulations. We received one members when there is an NCD. If the program memoranda on new benefits, if comment in support of these regulations NCD meets the ‘‘significant cost’’ direct reimbursement by fiscal and are finalizing them as proposed. threshold when the coverage is not intermediaries and carriers is required included in the services, M+C because the new coverage meets the 3. Payment of Additional Amounts for organizations must cover the NCD under ‘‘significant cost’’ threshold. However, New Benefits Covered During a Contract their contract in exchange for a monthly because program memoranda about new Term capitation payment. The M+C benefits are sometimes released Section 611 of the BIPA amended organization must notify plan members independent of, and prior to, a sections 1852(a)(5) and 1853(c)(7) of the that original Medicare fee-for-service determination that the new benefits Act with the intent of limiting the cost-sharing rules apply. M+C meet the ‘‘significant cost’’ threshold financial impact on M+C organizations organizations are required to include an described in § 422.109(a), it is not of new coverage requirements adopted explanation of new NCDs in their next always possible to include such an

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explanation in these program fee-for-service payment should be changes be aggregated, we are providing memoranda. available for such coverage. for a different definition of ‘‘significant’’ Comment: One commenter requested Response: We agree with the costs to be used for purposes of the that we clarify that enrollees in an M+C commenter’s first point that several determination as to whether to make an plan are entitled to receive a new NCDs or legislative changes in benefits adjustment under section 1853(c)(7) benefit if it is medically necessary, and that do not individually trigger the than applies for purposes of whether to that the M+C organization is responsible existing regulatory definition of pay on a fee-for-service basis under for ensuring access to, but not ‘‘significant’’ could potentially impose a section 1852(a)(5) of the Act. We have necessarily payment for, all new greater burden than a single change that revised the definition of significant cost benefits. meets this definition. It would not be (which was in § 422.109(c), but is now Response: In accordance with section practical, however, to attempt to in § 422.109(a)) to provide that, for 1852 of the Act and regulations at aggregate the costs of NCDs or statutory purposes of determining whether to § 422.101, M+C organizations must coverage changes during the make an adjustment under § 422.256, provide coverage of all Medicare- ‘‘transition’’ year governed by section the tests in the definition of ‘‘significant covered benefits that are available to 1852(a)(5) of the Act, before capitation cost’’ are applied to the aggregate costs beneficiaries residing in the plan’s payments are ‘‘adjust[ed] appropriately’’ of all NCDs and legislative changes in service area by furnishing, arranging for, by us in the next payment benefits made in the contract year. or making payment for the services. announcement as required under Under this test, the ‘‘average cost’’ of If an NCD or legislative change in section 1853(c)(7) of the Act. In part, every NCD and legislative change in benefits does not meet the ‘‘significant this is because it would not be clear benefits would be added together. If the cost’’ threshold described in whether any aggregate test has been met sum of all these average amounts § 422.109(a), the M+C organization is until the last NCD or legislative change exceeds the threshold under required to provide coverage of the NCD in benefits to be aggregated is issued. By § 422.109(a)(1), then an adjustment to or legislative change in benefits by that time, it would be too late to make payment will be made under § 422.256 furnishing, arranging for, or making any adjustment with respect to the M+C to reflect these costs. Alternatively, if payment for the services as of the organization’s obligation to cover earlier the costs of the NCDs and legislative NCDs. effective date stated in the NCD or changes in benefits, in the aggregate, More importantly, the period prior to specified in the legislation. The M+C exceed the level set forth in an adjustment in capitation rates is by § 422.109(a)(2), an adjustment to organization must also assume risk for definition ‘‘temporary’’ and limited to a the costs of that service or benefit as of payment will be made under § 422.256. period of less than 12 months. We We note that even when the the effective date stated in the NCD or believe that costs that may not be ‘‘significant cost’’ threshold has been specified in the legislation. ‘‘significant’’ when the M+C met under the existing definition, the If an NCD or legislative change in organization knows they are being current methodology for making the benefits does meet the ‘‘significant cost’’ incurred for a temporary period of a few adjustment required under section threshold described in § 422.109(a), the months would become ‘‘significant’’ if 1853(c)(7) of the Act does not result in M+C organization must provide left unaccounted for in future payments any adjustment in counties paid based coverage of the NCD or legislative indefinitely. Accordingly, we believe on the minimum update rate (the so- change in benefits by furnishing or that it is reasonable to adopt a different called ‘‘2 percent minimum update’’ arranging for the NCD service or interpretation of ‘‘significant’’ for counties). The annual growth rate used legislative change in benefits. However, purposes of deciding under section to update M+C rates each year includes the M+C organization is not required to 1852(a)(5) of the Act whether to make estimates of expenditures for new mid- pay or assume risk for the costs of that temporary fee-for-service payments than year benefits. However, according to service or benefit until the contract year for purposes of deciding whether, under section 1853(c) of the Act, our Office of for which payments are adjusted to take section 1853(c)(7), to permanently the Actuary uses the annual growth rate into account the cost of the NCD service ‘‘adjust appropriately’’ capitation to update only the floor and blended or legislative change in benefits. payments. Given the temporary nature rates, so the minimum 2 percent update Medicare fee-for-service payment for the of partial year costs, we believe that the rate does not reflect the costs of new service is in addition to the capitation existing definition of significant costs in benefits effective in the middle of the payment to the M+C organization and § 422.109(c) is appropriate for purposes previous payment year. The impact is made directly by the fiscal intermediary of deciding whether to pay for services substantial because 64 percent of the and carrier to the M+C organization (or on a fee-for-service basis until an 100 counties with the highest M+C its designee, which may be the provider) adjustment can be made to capitation enrollment in 2002 received the in accordance with original Medicare payments. We believe that an M+C minimum update rate in the last three payment rules, methods, and organization could bear the cost of any years, 2001 through 2003. The result is requirements. individual NCD or legislative change that M+C organizations have paid for Comment: One commenter that does not meet this definition for the almost all new benefits out of capitation recommended that we include the total limited period of time involved prior to payments that do not include payment costs resulting from all NCDs and an appropriate adjustment being made for these new benefits. legislative changes in benefits when to capitation rates. We believe the Congress intended, in making the ‘‘significant cost’’ However we believe that costs of enacting section 1853(c)(7) of the Act, determination. The commenter NCDs and legislative changes that may that payments to M+C organizations be suggested that, if there is insufficient not be significant when only in place for adjusted to reflect the costs of new data for us to develop a reasonably a few months could, when considered benefits when they are added through reliable cost estimate for any NCD or in the aggregate, be quite significant if an NCD or legislative change. Since this legislatively mandated coverage, we left unaccounted for indefinitely in does not occur under the current should conclude that the costs for that future capitation payments. Thus, in approach in the case of 2 percent new coverage have not been included in response to the commenters suggestion counties, we are changing our method of current M+C rates and that Medicare that the costs of NCDs and legislative making adjustments under section

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1853(c)(7) of the Act. When the costs of Response: We agree with the uniform coverage policy rule across all NCDs and statutory coverage changes in commenter that requirements are often M+C plans offered by an M+C a given year are determined to be imposed through vehicles other than organization and/or its subsidiaries. One ‘‘significant’’ under the new definition regulations. Therefore, in response to commenter argued that such an described above, these costs will be this comment, we are revising § 422.521 expansion of the rule would serve both included in an ‘‘NCD adjustment factor’’ to extend the prohibition in section 612 consistency and uniformity, as well as that will be added to the county rates in of the BIPA to all requirements, not just provide for significant cost-savings for counties that will receive a 2 percent those imposed in regulations. We note multi-state M+C organizations. update. In other words, the 2 percent that we had previously made this Response: Section 615 of the BIPA is update will be applied to the newly commitment administratively. clear in restricting our authority to adjusted rates. (The assumption is that Comment: One commenter requested permit an M+C organization’s election the floor and blended rates are that we define significant cost or burden of a uniform local coverage policy to a appropriately adjusted for new benefits as it is used in § 422.521. The specific plan offered by an M+C because they are increased by the M+C commenter also suggested that we base organization. The statute does not growth rate that includes NCD and the definition on cost or operational permit application of the uniform local legislative changes in benefits assessments conducted by us and by coverage policy across different plans estimates.) The ‘‘NCD adjustment M+C organizations. offered by a single M+C organization factor’’ will be applied prospectively to Response: We generally agree with the and/or its subsidiaries. the rate calculation for the year commenter and will explore methods to Comment: One commenter requested following the year after the NCDs and better define the meaning of ‘‘cost and further guidance on the criteria that we legislative benefit changes are effective. burden’’ as those terms are used in will use to determine the local coverage For example, NCDs and legislative § 422.521. However, we are leaving the policy that is most beneficial to M+C changes determined to be significant in text of § 422.521 unchanged. enrollees in a plan whose service area encompasses more than one local 2003 will be aggregated, and the ‘‘NCD 5. Election of Uniform Local Coverage coverage policy area. The commenter adjustment factor’’ computed will be Policy for a Medicare+Choice Plan also suggested allowing the M+C used to adjust payments for 2005. We Covering Multiple Localities have modified § 422.256(b) to codify in organization to identify the local regulation this additional NCD Section 615 of the BIPA amended coverage policy that it believes would adjustment factor adjustment to the section 1852(a)(2) of the Act by adding be most beneficial to its enrollees. The M+C capitation rates. a section that allows M+C organizations M+C organization would notify us, Comment: One commenter supported to achieve greater consistency of providing justification for the local the proposed rule and also asked benefits for M+C plans covering medical review policy selected as the whether the term ‘‘significant’’ would be multiple localities. In providing most beneficial to its enrollees. If we did defined as currently provided for in Medicare covered benefits to its not disagree within 60 days of receipt of M+C regulations with a defined cost enrollees, each M+C organization notice, the M+C organization’s proposal threshold. ordinarily must comply with, among would be deemed approved. Response: As discussed above, the other things, written coverage decisions Response: We agree that clarification proposed language at § 422.109(a) of local carriers and intermediaries with is needed for both the criteria that we defining ‘‘significant cost’’ as it relates jurisdiction for claims in the geographic will use in evaluating the local coverage to the decision whether to make fee-for- area in which the services are covered policies that are most beneficial to M+C service payment pursuant to section under the M+C plan. Some M+C enrollees and the time frame within 1852(a)(5) of the Act is being retained. organizations have plans that cover a which that evaluation will occur. Since As discussed above we are revising large area, either a State or multiple the benefits covered by a plan are § 422.109 to provide that this definition counties in a State. Section 615 of the essential to preparation of the adjusted will be applied to NCDs and legislative BIPA allows M+C organizations that community rate (ACR) proposal related changes in benefits in the aggregate for offer a plan in a geographic area to to that plan (see § 422.306), an M+C purposes of the adjustments under which more than one local coverage organization proposing to adopt a § 422.256 policy applies, to uniformly apply the uniform coverage policy for a plan must local coverage policy that is most notify us 60 days prior to the date the 4. Restriction on Implementation of advantageous to M+C enrollees in the ACR proposal for that plan is due. We Significant New Regulatory plan. We will make the final believe that a 60-day window will Requirements Midyear determination as to which local permit us sufficient time to fully Section 612 of the BIPA amended coverage policy is most beneficial to evaluate the proposed uniform coverage section 1856(b) of the Act to prohibit us M+C enrollees. policy election related to a plan, and to from imposing significant new By electing to use this uniform notify the M+C organization of our regulatory requirements on an M+C coverage policy, M+C organizations can decision, while still allowing sufficient organization or plan, other than at the benefit from economies of scale when time for the M+C organization to beginning of a calendar year. Comments printing and distributing marketing prepare and submit its ACR proposal in on this issue and our responses follow. materials and descriptions of benefits a timely manner. Therefore, we have Comment: One commenter asked that for their M+C plans. This policy will added a new section § 422.101(b)(3)(i) we use the term ‘‘requirements’’ instead also enable M+C organizations to which explains the time frame within of ‘‘regulations’’ in § 422.521. The standardize coverage decisions and which an M+C organization must notify commenter’s reasoning for suggesting provider contracts across entire plans, us of its intent to adopt a uniform local the use of ‘‘requirements’’ was that most rather than having different policies coverage policy for a plan. In addition, documents from our agency that impose apply in different geographic areas of we have added § 422.101(b)(3)(ii) which significant new cost or burdens are not the same plan. We received three establishes the factors we will consider in the form of regulations but are in the comments on our proposed revision. to evaluate the local coverage policy form of memoranda, guidance, manual Comment: Two commenters suggested that is most beneficial to M+C enrollees. chapters and the like. that we apply the newly allowed We, in turn, will notify the M+C

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organization of our determination as to materials for employer-only plans for ‘‘complement’’ an M+C plan and the the most advantageous local coverage our pre-review and approval. marketing materials associated with policy. The statute is clear in requiring • Actuarial Swaps: We are allowing those benefits are not subject to our us ‘‘to identify’’ the most advantageous M+C organizations to swap benefits not approval. The commenter was not clear local coverage policy; we therefore do covered by Medicare of approximately as to what ‘‘complement’’ means in this not believe we could take the passive equal value when an employer asks for context. The commenter further notes role of deeming approval through a non- a benefit package that differs from the that paragraph (a)(2) continues, ‘‘M+C response. Additionally, a positive package offered by the M+C plan benefits provided to enrollees of response from us ensures that there can organization to the individual market. the employer * * * and the associated • Actuarial Equivalence: We are be no ambiguity as to which of the marketing materials, are subject to CMS allowing M+C organizations to raise the competing local coverage policies review and approval.’’ According to the co-payments for certain benefits but to actually applies to all enrollees of the commenter, these two sentences within plan. provide a higher benefit level or a modification to the premium charged, as paragraph (a)(2) are internally 6. Medicare+Choice Program long as projected beneficiary liability inconsistent and confusing, and the Compatibility With Employer or Union was actuarially equivalent. commenter suggested that the benefit Group Health Plans We received two substantive package of an employer-only M+C plan Section 617 of the BIPA amended comments on the employer group was subject to our review and approval. section 1857 of the Act by adding a new waiver provisions. The commenter also requested that we subsection (i), which provides us broad Comment: A commenter asked that clarify that employer group benefits or authority to waive or modify we confirm whether our waiver marketing materials will not be subject requirements that hinder the design of, authority can be used in areas such as to prior review as long as the M+C the offering of, or the enrollment in ACR proposals, and enrollment and organization certifies, in its ACR, that an M+C plans under contracts between disenrollment processes (for example, employer-only M+C plan benefit M+C organizations and employers, labor the use of electronic enrollment and package contains all Medicare-covered organizations, or the trustees of a fund disenrollment for employer group items and services. The commenter also established to furnish benefits to an members). The commenter also suggested that M+C organizations entity’s employees. suggested that we revise the regulation should not be required to send copies of Previously, M+C organizations that to ensure that it is flexible enough to employer group-marketing materials to contracted with an employer group or accommodate such waivers, including us after printing. with a State Medicaid agency to provide clarification that requests to use benefits had to comply with all approved waivers that are not related to Response: We agree that § 422.106 requirements of the regulations found in benefit and rate proposals may be (a)(1) and (a)(2) need to be clarified. The part 422. The authority in section 617 of submitted at any time during the year. purpose of § 422.106(a)(2) is to highlight the BIPA was first available for CY 2001. Response: As noted above, Section the fact that the M+C regulations apply We informed M+C organizations that, in 617 of the BIPA provides broad to those benefits that are included under order to facilitate the offering of M+C authority for us to waive or modify our approved M+C benefit package and plans under contracts with employers, requirements that hinder the design of, that the regulations do not apply to labor organizations, or the trustees of a the offering of, or the enrollment in what are referred to in the regulation as benefits trust fund, upon receiving a M+C plans under contracts between ‘‘complementary’’ benefits. written request from an M+C M+C organizations and employers or Complementary benefits are employer- organization, we have the option to unions. Accordingly, under this sponsored benefits, which are outside of waive or modify those requirements in authority, we have broad discretion to the ACR proposal and are part 422 of the regulations that would approve employer group waivers in all independently arranged by an employer hinder the design of, the offering of, or areas of the M+C program, including on behalf of its employer group the enrollment in an M+C plan. As both enrollment and disenrollment and members for the purpose of enhancing indicated in the proposed rule, after we benefit and rate proposals. We do not the M+C benefit package. Therefore, we have approved a request for a waiver, believe that any change to the regulatory have modified § 422.106(a)(2) to clarify the requesting M+C plan, and any other language implementing the waiver that we do not regulate or approve M+C organization, will be able to use authority is necessary. The regulatory employer-sponsored benefits. the waiver in developing their ACR language implementing this waiver Employer group plans are required to proposal. Any M+C plan using the authority is consistent with the statutory provide an ACR proposal that includes waiver must include that information in language in section 1857(i) of the Act, all Medicare Part A and Part B services. the cover letter of its ACR proposal which provides us wide latitude to submission to us. The waiver or approve appropriate waivers. In There are no additional ‘‘prior review’’ modification will take effect once the reviewing proposed waivers, we will requirements for approving the M+C ACR proposal has been approved. balance the objective of promoting M+C benefit package for employer group To date, we have approved the enrollment by employer group members members. We have already approved a following three types of waivers under with the need to ensure that adequate waiver related to prior review of the authority granted us in section 617 protections are in place to ensure that marketing material of employer-only of the BIPA: employer group members enrolled in plans. However, all M+C organizations • Employer-Only Plans: We are M+C plans have access to the Medicare will continue to be required to send allowing M+C organizations to offer covered benefits consistent with informational copies of the employer- employer-only plans (that is, M+C plans Medicare standards. Waiver requests by only plan’s marketing materials to our not available to the individual market). M+C organizations may be submitted at Regional Office that is the ‘‘lead region.’’ M+C organizations are not required to any time of the year. The employer group waivers are posted market these plans to individuals. In Comment: Another commenter asked at our website at the following web addition, M+C organizations will not be for clarification of § 422.106(a)(2) which address: http://www.cms.hhs.gov/ required to submit the marketing states that employer group benefits that healthplans/employers/.

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7. Permitting End-Stage Renal Disease decides to disenroll from the plan for The term ‘‘home skilled nursing Beneficiaries To Enroll in Another reasons other than its termination or facility’’ is defined as— Medicare+Choice Plan if the Plan in discontinuation, may only elect another • The SNF in which the beneficiary Which They Are Enrolled Is Terminated M+C plan offered by the same M+C resided at the time of admission to the hospital; Section 620 of the BIPA amended organization at the time he or she is • A SNF providing post-hospital section 1851(a)(3)(B) of the Act to enrolled with that organization under some health plan it offers. In the extended care services through a permit beneficiaries with end-stage continuing care retirement community renal disease (ESRD) to enroll in any commenters example, the beneficiary has spent time in original fee-for-service that provided residence to the other available M+C plan if the plan in beneficiary at the time of admission to which they are enrolled is terminated or Medicare while not an enrollee with the organizations under any option. Under the hospital; or the M+C organization discontinues the • this circumstance, the enrollee would The SNF in which the spouse of the plan in the area in which the beneficiary beneficiary is residing at the time of lives. Before the BIPA, beneficiaries not be eligible to enroll in any M+C plan, including one offered by the M+C discharge from the hospital. with ESRD who were affected by an In order for a home SNF to be offered M+C plan termination were only able to organization with which he or she was formerly enrolled. under this section, the SNF to which the elect another plan offered by the same beneficiary will be returned must either Comment: Several commenters M+C organization or return to the have a contract with the M+C requested clarification as to whether or original Medicare fee-for-service organization to provide post-hospital not the beneficiary had to elect a new program. services or must agree to accept M+C plan within a certain time frame. Under this provision, if the substantially similar payment under the One commenter supported the beneficiary enrolls in another M+C plan, same terms and conditions that apply to establishment of a time limit, while and that plan is subsequently SNFs under contract with the M+C others opposed any such time limit. terminated, he or she is able to elect organization. The coverage provided another M+C plan (offered by the same Response: In the preamble to the must be no less favorable to the M+C organization or a different proposed rule, we indicated that we do beneficiary than coverage of post- organization) based upon that not interpret section 1851(a)(3)(B) of the hospital services that are otherwise termination. This would be true for any Act to require an enrollee to elect a new covered under the M+C plan. subsequent M+C plan terminations or M+C plan immediately upon the The requirement to return the discontinuations that result in the termination or discontinuation of the beneficiary to his or her home SNF enrollee’s disenrollment. Thus, if the M+C plan in which he or she is would not apply if the applicable SNF enrollee’s plan is subsequently enrolled. This is based on section is not qualified to provide benefits terminated or discontinued, the 620(b)(2) of the BIPA, which specifically under Medicare Part A to beneficiaries individual would have another extends this provision to individuals not enrolled in an M+C plan. A SNF opportunity to elect another M+C plan. who had been enrolled in terminating or that is not contractually bound to do so The individual may use this election discontinued plans any time after could refuse to accept an M+C immediately, or may do so during a December 31, 1998. In accordance with beneficiary or impose conditions on the subsequent election period. Once the this section, and section 620(a) of the acceptance of the beneficiary for post- individual has made such an election, BIPA, these individuals are treated as hospital extended care services. he or she may not join another M+C M+C eligible individuals for purposes of The requirements of this new plan offered by another M+C electing to continue enrollment in subsection (l) first became applicable organization unless his or her plan is another M+C plan. Because the statute under contracts entered into or renewed terminated or discontinued. Thus, if the clearly contemplates enrollment by on or after December 20, 2000. beneficiary exhausts his or her one individuals not currently enrolled in an We received one comment relating to election, and then later seeks to M+C plan, we believe that the phrase this provision. disenroll from the plan for reasons other ‘‘continue enrollment’’ in section 620(a) Comment: The commenter expressed than its termination, he or she may only of the BIPA does not necessarily mean concern regarding potential quality enroll in another M+C plan offered by ‘‘continue without interruption’’ and, issues when a plan member uses the the same M+C organization, or return to therefore, should not be time-limited. ‘‘return home’’ benefit to enter a non- original fee-for-service Medicare. If the As stated above, the beneficiary may use plan SNF. In addition, the commenter beneficiary returns to original Medicare, his or her election immediately upon believes that this provision ‘‘binds’’ the he or she will not be able to later enroll the plan’s termination, or may use this internal operations of an M+C in an M+C plan. election during a subsequent election organization and could set a precedent Comment: One commenter expressed period. for other areas of care in the future. Response: We agree that an M+C concern that the preamble to the 8. Providing Choice for Skilled Nursing organization does not have the same proposed rule could be misconstrued to Facility Services Under the ability to verify the quality of non- mean that a beneficiary who is enrolled Medicare+Choice Program in an M+C plan and subsequently contract SNFs as it does contract SNFs. disenrolls from the plan for reasons Section 621 of the BIPA amended For this reason, we will allow an M+C other than the plan’s termination or section 1852 of the Act by adding a new organization to advise members who are discontinuation can return to the subsection (l). This new subsection obtaining services in a non-contract SNF original fee-for-service Medicare ensures that an M+C organization will under the ‘‘return home’’ benefit that program and at some future date give a Medicare beneficiary who is a the M+C plan cannot guarantee the reenroll in a different plan offered by resident of a skilled nursing facility quality of care that members will the same M+C organization. (SNF) the option of returning to his or receive in the non-contract SNF. Response: As explained above, we are her ‘‘home SNF’’ for post-hospital However, we also note that an M+C clarifying that a beneficiary who elects extended care services upon discharge organization can only refer members to another M+C plan as provided for under from a hospital when certain conditions Medicare certified SNFs. The ‘‘return section 620 of the BIPA and later are met. home’’ SNF benefit was established

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legislatively and, thus, does not set a terminated its contract with us, or cause statement below for waiving prior precedent for other benefits of this type $100,000, whichever is greater. We notice and comment with respect to this unless the Congress extends the benefit added the ‘‘whichever is greater’’ change. to other benefits by similar legislation. provision to discourage violations of the B. Skilled Nursing Facility Care Under contract termination provisions by M+C 9. Increased Civil Money Penalty for Medicare+Choice organizations with lower M+C plan Medicare+Choice Organizations That enrollment. In either instance, this new Under section 1814(a)(2)(B) of the Terminate Contracts Mid-Year civil money penalty represents a Act, the Medicare extended care skilled Section 1857(g)(3) of the Act provides substantial increase over the current nursing facility (SNF) benefit covers us with the authority to impose civil money penalty of $25,000 for skilled nursing care or other skilled intermediate sanctions, including civil similar violations, and serves as an rehabilitation services that the money penalties, on M+C organizations effective deterrent against M+C contract beneficiary requires on a daily basis and for the same reasons for which we can terminations violations that could that are only available in a SNF on an terminate an M+C organization’s potentially harm Medicare beneficiaries. inpatient basis. contract. Section 1857(c)(2) of the Act We received one comment on this Generally, we will only cover this provides that we may, at any time, change in civil money penalties. benefit following a hospital stay of not terminate an M+C organization’s Comment: The commenter seeks less than 3 days. Under section 1812(f) contract if we determine that the M+C affirmation that we will not impose civil of the Act, however, we may authorize organization— money penalties when the mid-year coverage of SNF care without a prior • Failed substantially to carry out the termination is caused by an event that hospital stay if two conditions are met. contract; is not within the control of the M+C First, the coverage of these services • Is carrying out the contract in a organization (for example, substantial must not result in any increase in manner inconsistent with the efficient loss of network capability). Medicare program payments, and and effective administration of the M+C Response: We will not create an second, the coverage must not alter the program; or exception to waive the civil money acute care nature of the benefit. • No longer substantially meets the penalties at § 422.758(b) because an We have determined that these applicable conditions of the M+C M+C organization is experiencing conditions are met in the case of SNF program. network problems. If an M+C services furnished by an M+C Section 623 of the BIPA amended organization loses network capacity organization that covers SNF services. section 1857(g)(3) of the Act by during the year, we expect that the M+C Accordingly, we proposed changes in providing us the authority to establish organization will establish new provider the regulations to reflect this and levy separate and distinct civil contracts or pay for services on a fee-for- determination, specifically, adding a money penalties when we determine service basis. There may be situations new § 409.20(c)(4), revising § 409.30(b) that an M+C organization has failed to that require us to terminate a contract and § 409.31(b), and adding a new substantially carry out the terms of its mid-year. For example, we have used § 422.101(c). contract based upon the M+C our immediate termination authority at Several organizations, representing organization’s termination of its contract § 422.510(a)(5) to protect beneficiary both providers and consumers, stated with us in a manner other than that access to health care when an M+C that they agreed with our proposed provided in the M+C contract and in organization experiences financial changes. § 422.512. difficulties so severe that access to Comment: One commenter Under section 1857(g)(3)(D) of the health care is endangered. Section 623 recommended that we clarify that after Act, in such cases, we may impose a of the BIPA was not written to permit voluntarily disenrolling from the M+C civil money penalty of ‘‘$100,000 or us to levy a civil money penalty if we, program, the beneficiary may receive such higher amount as the Secretary not the M+C organization, take the Part A SNF care if he or she meets the may establish by regulation.’’ We termination action. The law was skilled level of care requirement. believe that the Congress provided us designed to prohibit M+C organizations Response: The commenter is correct with the authority to provide for a from inappropriately ending their that under this final rule, Part A SNF higher civil money penalty amount than contractual commitments without our care would be covered for an individual $100,000 in recognition of the fact that consent. who meets the skilled level of care the $100,000 specified in the Act may requirement if he or she voluntarily 10. Eliminating Health Disparities in not provide an effective deterrent in disenrolls from a M+C program that was Medicare+Choice Program some instances to discourage M+C covering the care without a prior 3-day organizations from terminating their Section 616 of the BIPA amended hospital stay. We believe that contracts in a manner inconsistent with section 1852(e) of the Act by requiring § 409.30(b)(2)(ii) makes this sufficiently the procedures described in the that an M+C organization’s Quality clear that no further clarification is regulations. In developing regulations Assurance Program have a separate needed. providing for a potentially higher civil focus on racial and ethnic minorities. Comment: A major organization money penalty amount, it is appropriate This provision was not included in the recommended that we clarify that when for us to consider the number of October 2002 proposed rule because we a beneficiary converts from a M+C stay Medicare beneficiaries who could be had not developed any policies to in a SNF to a fee-for-service stay, a new adversely affected by an M+C propose. Although we are still 100 day period begins, unless the prior organization’s decision to terminate its evaluating implementation issues, we days under M+C were skilled care. contract with us in a manner that are adding a new paragraph (4) to Response: We agree with this violates M+C rules. § 422.152(f) to reflect this BIPA recommendation. If skilled care is Thus, we proposed to establish the provision. Prior notice and comment is provided to the beneficiary while he or amount of this civil money penalty as not necessary in the case of this change, she is enrolled in the M+C organization, either $250 per Medicare member because merely adding the statutory then this time period counts towards the enrolled in the terminated M+C plan or requirements to the regulations text has 100 days. If it is unknown whether or plans at the time the M+C organization no legal effect. We have included a good not skilled care is provided or the care

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is unskilled, then the 100 days starts members. M+C organizations offering Comment: A commenter suggested when the fee-for-service stay begins. We these programs may limit their that the instructions for amending will clarify this provision in the availability to certain areas and may § 417.479(h) appear incorrect. The Intermediary Manual. impose restrictions on obtaining disclosure to beneficiaries provision is Comment: Two commenters proposed benefits, except for urgent, emergent, in paragraph (h)(3), not (h)(2). Thus, we that the waiver of the 3-day hospital and post-stabilization care, and renal should replace paragraph (h)(1) and requirement for SNF care also be dialysis. These organizations do not (h)(2) with the new (h)(1). Then applied to cost contractors (health have to disenroll members in these paragraph (h)(3) would be designated maintenance organizations and extended programs who remain out of (h)(2). competitive medical plans) under the service area for up to 12 months. Response: The commenter is correct section 1876 of the Act. One commenter However, those M+C organizations in noting an inconsistency in our argued ‘‘* * * that expanding the without this program must continue to proposed revision. Therefore, provision to cost contractors will result disenroll members once they have been § 417.479(h)(1) will remain as written in in a substantial reduction in Medicare out of the service area for more than 6 the proposed regulation, with the costs for inpatient hospitalization. months. We received one comment addition of a reference to competitive These savings will more than supporting this change, and are medical plans, as noted above. Section counterbalance any increases in SNF adopting it as proposed. 417.479(h)(2) will be revised to include costs. We believe that inpatient only the rules on pooling of patients. admissions may occur when perhaps D. Reporting Requirements for Physician Incentive Plans Finally, § 417.479(h)(3), related to the more appropriate level of care is in disclosure to Medicare beneficiaries, a skilled nursing facility. We believe Section 1852(j)(4)(A)(iii) of the Act will remain as part of the regulation that allowing an exception to the three- requires M+C organizations to provide with a minor, editorial change. day prior hospitalization requirement us with descriptive information will result in net savings to the regarding their physician incentive E. M+C Appeals Process Medicare program.’’ plans (PIP) sufficient to permit us to 1. Defining Who Can Request Another commenter noted that, determine whether the plan is in Organization Determinations ‘‘Organizations participating in the compliance with the applicable Medicare program as cost plans are requirements. The current regulations Currently, the M+C regulations at structured in the same manner as M+C interpreted this provision to require that § 422.566(c) specify that any of the organizations and have the same an M+C organization submit the CMS parties listed in § 422.574 can request an inherent incentives for the provision of PIP Disclosure Form (OMB No. 0938– M+C organization determination. It has quality care in the most appropriate 0700) to us with its contract application come to our attention that, in some setting. Since this structure promotes and annually thereafter. We are cases, the use of this cross-reference has similar patterns of practice regardless of changing the reporting requirement to been misconstrued to mean that, in the type of Medicare contract, we allow M+C organizations to maintain order to request an organization believe that the criteria described above the required PIP information in their determination on behalf of an enrollee, would be met if this policy were applied files and submit that information to us an affiliated provider would need to be to cost plans.’’ upon request. Several commenters an authorized representative, and a non- Response: M+C organizations are paid agreed with this change. affiliated provider would need to be an on a capitated basis, so they have an Comment: A commenter requested assignee. Although we discussed this incentive to contain costs. However, that we provide clear guidance on what issue in our June 29, 2000 final rule (65 cost contractors under section 1876 of information managed care organizations FR 40282), some confusion has the Act do not have such an incentive. should maintain in their files. continued. We have no evidence to indicate that Response: Section 417.479(h)(3) and We have always intended for requests they would reduce hospital admissions § 422.210(b) provide details on the for organization determinations to be if we were to waive the 3-day prior information that should be maintained more inclusive than requests for hospital stay requirement. Therefore, we in either the contractor or subcontractor appeals. To clarify this point, we have have decided not to accept this files for purposes of responding to eliminated the existing cross-reference recommendation at this time. inquiries from beneficiaries. Since there to § 422.574 and we are listing those will no longer be routine reporting of who may request an M+C organization C. Disenrollment by the M+C PIP information to us, the cost- determination under § 422.566(c). Organization contracting health maintenance Determination requests may be made Section 422.74(d)(4) provides that, organizations/competitive medical by— except where continuation of plans and M+C organizations should • The enrollee (including his or her enrollment under § 422.54 applies, an simply maintain sufficient information authorized representative); individual must be disenrolled from an ‘‘...to permit CMS to determine whether • Any provider that furnished, or M+C plan if he or she is out of the the plan is in compliance with the intends to furnish, services to the service area for over 6 months. The applicable requirements,’’ should we enrollee; or proposed rule included a revision to request it. • The legal representative of a § 422.74(d)(4) creating an exception to Comment: A commenter requested deceased enrollee’s estate. this 6-month rule for ‘‘visitor’’ or that, under the cost program, two types The fact that an individual or entity ‘‘traveler’’ type programs. Under the of entities, health maintenance may request an organization proposed exception, M+C organizations organizations and competitive medical determination does not necessarily could continue to offer extended plans, are eligible for contracting. The entitle that individual or entity the right ‘‘visitor’’ or ‘‘traveler’’ programs to proposal omits a reference to to request an appeal, unless the members who have been out of the competitive medical plans. conditions for party status under service area for up to 12 months, Response: We will revise the § 422.574 are met. provided that the plan included the full regulation to cover competitive medical Comment: We received two comments range of services available to other plans. regarding who can request an

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organization determination under for, authorize, or provide the service dispute. Additionally, an M+C § 422.566(c). One commenter supported under dispute as expeditiously as the organization that files an appeal with the elimination of the cross-reference enrollee’s health condition requires, but the Board would be required with the provision that only treating or no later than 60 calendar days from the concurrently to send a copy of its attending providers involved with the date the M+C organization receives request and any accompanying enrollee’s health care should be allowed notice reversing the determination. In documents to the enrollee, as well as to request organization determinations. these situations, the M+C organization, notifying the independent review entity Another commenter believed that in like an enrollee, has 60 days to appeal. of the requested appeal. an effort to discourage inappropriate use The ambiguity in the current Comment: Some commenters believe of the process, providers should only be regulations, which require effectuation that the 60-day time frame for an M+C allowed to make requests for of a determination within 60 days, but organization to decide whether to organization determinations with the also permit further appeal within the appeal (and ultimately pay for or full knowledge and agreement of the same time frame, results in confusion. provide a service) is too long. One enrollee. The commenter recommended To reconcile these two regulatory commenter suggested that the time that we establish this distinction in the provisions, we proposed to revise the frame to allow an M+C organization to preamble or regulation, and, if an rules so that M+C organizations may appeal to the Departmental Appeals enrollee indicates that a requested await the outcome of a Departmental Board (DAB) should be reduced to 30 organization determination is Appeals Board (the Board) review before days. Another commenter believes that inconsistent with his or her wishes, effectuating a decision of an ALJ. This M+C organizations generally know well then the M+C organization should be change would serve to balance the M+C before 60 days whether they intend to able to cease action on the request. organization’s right to appeal with the appeal an administrative law judge’s Response: We believe that the text, need to ensure that an enrollee would (ALJ’s) decision. Instead, an M+C ‘‘any provider that furnishes, or intends not be faced with a potentially large organization more likely would need a to furnish, services to the enrollee,’’ debt in the event that the Board 60-day time frame to gather evidence in already addresses the commenter’s overturns the ALJ after the service has support of an appeal. The commenter concern that the provider requesting an been furnished to the enrollee. argued that, since enrollees already wait organization determination be involved In § 422.618(c), we proposed to retain, a long time for ALJ decisions, enrollees with the enrollee’s health care. Because as the general rule, the 60-day should not be made to wait another 60 enrollees in some M+C plans are free to effectuation requirement for reversals by days to receive care. seek care from providers within or an ALJ or higher level of appeal. This is Other commenters supported our outside of the M+C organization’s because we did not want to effectively attempt to reconcile the provisions that, network and all enrollees may go out of negate the M+C organization’s 60-day on the one hand, allow an M+C network for emergency and certain other right to request an appeal to the Board organization the right to appeal an ALJ’s services, we believe it is appropriate to or higher level. However, our decision, but, on the other hand, require use the all-inclusive term ‘‘any,’’ instead expectation was that M+C organizations the M+C organization to effectuate the of ‘‘treating,’’ to describe the providers would not take the maximum 60 days to decision before a final DAB decision. furnishing, or intending to furnish, effectuate a decision they do not intend One commenter supported a 60-day, services to enrollees. to appeal. We proposed to redesignate rather than a 72-hour, effectuation time We agree with the second commenter the current § 422.618(c), as frame for expedited reviews. that providers should request § 422.618(c)(1) and provide that the 60- Response: Currently, § 422.618(c)(1) organization determinations only with day deadline for effectuation was the and § 422.619(c)(1) require an M+C the full knowledge and agreement of ‘‘general rule.’’ We then proposed to add organization to pay for, authorize, or enrollees. This is particularly important a new § 422.618(c)(2) which would provide the service under dispute as for unaffiliated providers that might allow for an exception to the 60-day expeditiously as the enrollee’s health seek payment for services already standard if the M+C organization condition requires, but no later than 60 furnished to enrollees. In addition, an decided to request a Board review calendar days from the date that the M+C organization may cease action on consistent with § 422.608. We proposed M+C organization receives a decision a provider’s request for an organization to allow the M+C organization to await reversing a determination. Section determination that is inconsistent with the outcome of the Board review before 422.608 also provides for an appeal by an enrollee’s wishes. it pays for, authorizes, or provides the the M+C organization within the same service under dispute. Under the 60-day time period that effectuation 2. Effectuation Times When M+C provision, we would require an M+C must occur. While we appreciate the Organizations File Appeals organization that files an appeal with commenters’ concerns that 60 days The current regulations at § 422.618 the Board concurrently to send a copy seems like a long time for M+C and § 422.619 establish effectuation of its request and any accompanying organizations to appeal, we believe that times when an M+C organization’s documents to the enrollee. Additionally, we should allow M+C organizations the denial of coverage or payment is in the proposed rule, the M+C same 60-day time frame afforded to overturned, either through its own organization was required to notify the other parties when they file appeals. reconsideration process or by an independent review entity of the Thus, we will maintain the current 60- independent outside entity. Effectuate requested appeal. day standard at § 422.608 for all parties means to authorize, pay for, or provide Consistent with this change, we also seeking review by the DAB. coverage. The M+C organization may proposed to revise § 422.619(c) with We recognize that an enrollee may not appeal the independent outside regard to effectuating expedited encounter a delay in obtaining a service entity’s decision. Section 422.618 also reconsidered determinations. As in if an M+C organization appeals; requires that, if the independent outside standard appeals, we proposed to allow however, both the DAB and the ALJ entity’s determination is reversed (in an exception for the M+C organization hearing offices have procedures to whole or in part) by an administrative to await the outcome of the Board’s screen cases and to give priority to pre- law judge (ALJ), or at a higher level of review before the M+C organization service denial cases, including appeal, the M+C organization must pay authorizes or provides the service under immediate assignment and resolution of

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cases involving imminent health risks. not be required to effectuate the ALJ organizations have raised concerning Thus, as proposed, we are adding decision, and would not apply the the starting date for the 90-day grace § 422.618(c)(2) and § 422.619(c)(2) to medical exigency standard until it was period for late premium payments. allow for an exception to the 60-day time to effectuate a decision from the Section 422.74(d)(1)(ii) provides that an effectuation standard when an M+C DAB. We also agree with the commenter M+C organization may disenroll a organization requests DAB review. An that the DAB should expedite cases in Medicare beneficiary when the M+C organization may await the which there is a medical exigency, and organization has not received payment outcome of the DAB’s review before it inform the commenter that the DAB has within 90 days after it has sent a written pays for, authorizes or provides the procedures in place to do so. Finally, notice of nonpayment to the individual. service under dispute. with respect to monitoring, we agree Several M+C organizations requested Comment: One commenter was that M+C organizations should be that the 90-day grace period start on the concerned with our statement that monitored to see whether they are day the premium payment was due, ‘‘* * * the M+C organization would delaying effectuation 60 days in cases in rather than the day the notice was sent. have to meet the medical exigency which they are not appealing the ALJ Since the notice has to be provided standard for providing or authorizing decision. within 20 days of the premium due services as expeditiously as the Comment: Some commenters were date, starting the grace period on the enrollee’s health condition requires pleased with our proposal that M+C premium due date would ensure that regardless of the 60-day time frame.’’ organizations notify enrollees and the the beneficiary has at least 70 days The commenter interpreted this independent review entity (IRE) in the following receipt of the notice to pay the statement to mean that a M+C event of an appeal to the DAB. They premium and avoid disenrollment. We organization that intends to appeal an believed that such notification would believe that this constitutes an ALJ decision would still have to apply enable enrollees to file evidence, appropriate grace period and proposed the medical exigency standard, and arguments or legal memoranda to the to change the regulation accordingly. provide services if warranted under this DAB in support of an ALJ decision. We received one comment supporting standard notwithstanding the filing of a Response: We agree with the this change and are adopting it as DAB appeal. The commenter thought commenters and are retaining this proposed. that this would undercut the exception proposal which requires a M+C to the effectuation time frames and organization to concurrently send a 2. Payment for Hospice Care undermine a M+C organization’s right copy of its appeal request and the In the proposed rule, we proposed to under both the appeals process and, accompanying documents to the clarify information concerning changes though it is not clear to us why, the enrollee and the IRE at § 422.618(c)(2) in M+C payments when an individual Administrative Procedure Act (APA). and § 422.619(c)(2) in this final rule. has elected hospice care. Instead, the commenter recommends Comment: One commenter Specifically, we proposed to revise that we permit the exception to the recommended that we apply an § 422.266(d) to make clear that when effectuation rule under all exception to the effectuation provision enrollees of M+C plans elect to receive circumstances, and promulgate an for cases in which the M+C organization hospice care under § 418.24, we will not expedited review process for the DAB to intends to dispute determinations made make any payment for the hospice care follow in medically exigent cases. by the IRE. to the M+C plan beginning with the next Another commenter urged us to monitor Response: The regulations only month’s payment after the election, whether M+C organizations take the provide for appeals by M+C except for the portion of the payment maximum 60 days to implement a organizations at the ALJ level or higher. applicable to additional benefits, as decision that they do not intend to The only way for an M+C organization described in § 422.312. Currently, the appeal. to ‘‘challenge’’ the IRE’s decision is to regulation refers to capitation payments Response: The section of the proposed request a reopening in accordance with being reduced to this amount which rule that the commenter references is a § 422.616. A reopening is an produces the same result. However, this discussion about our reason for administrative action outside of the language was changed from the maintaining a 60-day effectuation realm of the appeals process and we do language that applies to health requirement for expedited appeals, as not believe that delaying effectuation maintenance organizations and opposed to 72 hours. We wanted to under these circumstances is warranted. competitive medical plans, and we make clear that, despite our intention to F. Requiring Health Care Prepayment believe the latter language makes the maintain the 60-day requirement, M+C Plans (HCPPs) and Remaining Cost policy clearer. organizations still would be held to the Plans To Follow the M+C Appeals We received no comments on this medical exigency standard if they did Process change and have revised § 422.266(c) to not intend to pursue an appeal of an ALJ reflect this clarification. decision. In other words, just because In the proposed rule, we solicited we had retained the 60-day time-frame comments on whether HCPPs and the 3. Clarification of Subpart O to for appealing, this did not mean that an remaining cost plans should follow the Effectuate Statutory Intent M+C organization could take 60 days to M+C appeals and grievance processes We are making minor changes to effectuate if it was not pursuing an under subpart M of part 422. We have Subpart O in an attempt to clarify appeal. Rather, in this instance, it must not included these provisions in this information regarding our sanction authorize or provide the service under final regulation, because we need more authority. These changes do not add any dispute as expeditiously as the time to analyze the comments and new requirements. They serve to enrollee’s health condition requires, but evaluate implementation issues. improve the wording of certain areas to no later than 60 calendar days from the G. Technical Clarifications more clearly reflect statutory intent. date it receives notice reversing the Section 1857(g)(1) of the Act determination. 1. Grace Period for Late Premium contemplates violations that are We agree with the commenter, Payments generally considered ‘‘fraud and abuse.’’ however, that when a M+C organization We are making a technical change to This section further states, ‘‘* * * the is appealing the ALJ decision, it should address concerns that M+C Secretary may provide, in addition to

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any other remedies authorized by law, § 422.204(c)’’ is being revised to read than having different policies apply to for any of the remedies described in ‘‘must conform to the rules in different geographic areas of the same paragraph (2) ***.’’ Because the OIG § 422.202(d).’’ (§ 422.204(c) does not plan. has the traditional authority to exist.) • In § 422.101, we added paragraph investigate fraud complaints, the (c) to include in the requirements III. Provisions of This Final Rule regulation should ensure that it is relating to Medicare covered benefits understood that the OIG stands in the The provisions of this final rule are as the option to provide for coverage as a place of ‘‘the Secretary’’ when civil follows: Medicare benefit post-hospital SNF care money penalties are imposed for such • In § 409.20, we added paragraph in the absence of a prior hospital stay. violations. We (CMS) would have (c)(4) to define the term ‘‘post-hospital • In § 422.106, we added new authority for other intermediate SNF care’’ to include SNF care that does paragraph (c) to reflect the provisions in sanctions under M+C. Currently, not follow a hospital stay if the section 1857(i) of the Act that permits § 422.752(a) states, ‘‘For the violations beneficiary is enrolled in an M+C plan. us to grant a waiver or modification of listed below, CMS may impose any of • In § 409.30, we revised paragraph requirements in part 422 that hinder the the sanctions specified in § 422.750 (b)(2) to add an exception to the design of, the offering of, or the ***.’’ Any of the sanctions preadmission requirements for enrollees enrollment in, M+C plans under presupposes that we may freeze of M+C organization plans. contracts between M+C organizations marketing, enrollment, payment and • In § 409.31, we added paragraph and employers, labor organizations, or impose civil money penalties. This (b)(2)(iii) to add a condition to the level the trustees of benefits funds. stands in contrast to the statutory intent of care requirements which states that, • In § 422.109, we revised the and it clearly contrasts with for an M+C enrollee, a physician has definition of ‘‘significant cost’’ (which § 422.756(f)(2) where, in discussing civil determined that a direct admission to a was in § 422.109(c), but is now in money penalties, the regulation SNF without an inpatient hospital stay § 422.109(a)) to provide that, for currently reads, ‘‘In the case of a would be medically appropriate. purposes of determining whether to violation described in § 422.752(a) • In § 417.479, we revised paragraph make an adjustment under § 422.256, * * * in accordance with 42 CFR parts (h) to modify the reporting requirements the tests in definition of ‘‘significant 1003 and 1005, the OIG may impose concerning physician incentive plans. cost’’ are applied to the aggregate costs • CMPs on M+C organizations * * *’’ We In § 422.2, we revised the definition of all NCDs and legislative changes in are changing § 422.752(a) to clarify of additional benefits to include a benefits made in the contract year. when the OIG has the sole authority to reduction in the Medicare beneficiary’s Under this test, the ‘‘average cost’’ of impose civil money penalties. standard Part B premium. every NCD and legislative change in Section 422.756(f)(3) references the • In § 422.50, we revised paragraph benefits would be added together. If the OIG’s regulations at parts 1003 and (a)(2) to include a new condition in the sum of all these average amounts 1005. This cross-reference creates exception that a beneficiary with ESRD exceeds the threshold under confusion without further clarification. is not eligible to elect an M+C plan. An § 422.109(a)(1), then an adjustment to The civil money penalty provisions individual with ESRD whose enrollment payment will be made under § 422.256 included in the OIG’s regulations at in an M+C plan is discontinued because to reflect these costs. Alternatively, if parts 1003 and 1005 implement section we or the M+C organization terminated the costs of the NCDs and legislative 1876 of the Act, not the M+C program the organization’s contract for the plan, changes in benefits, in the aggregate, under the BBA. We are proposing a is now eligible to elect another M+C exceed the level set forth in regulatory change to eliminate any plan, if the original enrollment was § 422.109(a)(2), an adjustment to reference to part 1003 for information terminated after December 31, 1998. payment will be made under § 422.526. about which level of civil money • In § 422.74, we revised paragraph We also added language to explain that penalty might apply. (d)(1)(ii) to reflect that an M+C an NCD or legislative change in benefits Section 422.758 states that civil organization may only disenroll a that does not meet the ‘‘significant cost’’ money penalties can be $25,000 or Medicare enrollee when the threshold must be provided, and paid $10,000 per each determination. organization has not received payment for, by the M+C organization as of the According to the statute at section within 90 days after the date the effective date of the NCD or legislative 1857(g) of the Act, the actual amount premium payment was due. change in benefits. could be lower. For example, section • In § 422.74, we revised paragraph • In § 422.111, we added paragraph 1857(g)(3)(A) of the Act states that we (d)(4) to allow M+C organizations to (f)(8)(iii) to add any reduction in Part B may impose civil money penalties ‘‘of operate ‘‘visitor’’ or ‘‘traveler’’ programs premiums to the list of information that not more than $25,000.’’ The same that provide benefits beyond urgent and must be disclosed to each enrollee applies to § 422.758(b), which emergent care to their enrollees who are electing an M+C plan. references ‘‘up to $10,000’’ not out of the service area for more than 6 • We added § 422.133 to contain the ‘‘$10,000.’’ Section 422.750 states that months but less than 12 months. new requirement that M+C the OIG can impose civil money • In § 422.101, we revised paragraph organizations return residents of SNFs penalties ranging from $10,000 to (b)(3) to reflect the provisions in section to their home SNF for post-hospital $100,000. Section 1128A of the Act 1852(a)(2)(C) of the Act that permit M+C extended care services after discharge continually uses the ‘‘up to’’ language. organizations with plans that cover large from a hospital. This new section We are revising the regulatory language areas encompassing more than one local contains the definition of home SNF, to clarify statutory intent. coverage policy area to elect to have the the requirements for return to the home local coverage policy for the part of the SNF, and the exceptions to the general 4. Correcting a Cross-Reference in area that is the most beneficial to the rule. Subpart E (Relationships With M+C enrollees apply to all M+C • In § 422.152(f), we added section (4) Providers) enrollees in the plan. his policy allows to reflect the requirement that M+C In § 422.202(a)(4), a change is needed M+C organizations to standardize organizations’ Quality Assurance to correct a cross-reference. Specifically, coverage decisions and provider Programs have a separate focus on racial the text ‘‘must conform to the rules in contracts across the entire plan, rather and ethnic minorities.

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• In § 422.202(a)(4), we corrected a at the beginning of a calendar year, § 422.152(f)(4), we merely have revised cross-reference. requirements that would impose new the regulation text to reflect section 616. • In § 422.210, we revised paragraph cost or burden on M+C organizations or Therefore, we do not believe that (a) to reflect changes to the reporting plans, unless a different effective date is publishing a notice of proposed requirements concerning physician required by statute. rulemaking is necessary and we find incentive plans. • In § 422.566, we revised paragraph good cause to waive the notice of • In § 422.250, we revised paragraph (c) to delete the cross-reference to proposed rulemaking and to issue this (a)(1) to reflect that, beginning with the § 422.574 and to delineate who can final rule. initial payment for CY 2003, monthly request an organization determination. payments to M+C organizations may be • In § 422.618, we revised paragraph V. Collection of Information reduced by the amount described in (c) to add an effectuation exception Requirements new § 422.312(d) for the reduction of when the M+C organization files an Under the Paperwork Reduction Act the beneficiary’s standard Part B appeal with the DAB in the case of a of 1995 (PRA), we are required to premium. standard reconsidered determination. provide 30-day notice in the Federal • In § 422.250, we also revised • In § 422.619, we revised paragraph Register and solicit public comment paragraph (a)(2) to redesignate (c) to add an effectuation exception before a collection of information paragraph (a)(2)(i)(B) as (a)(2)(i)(C) and when the M+C organization files an requirement is submitted to the Office of to add new paragraph (a)(2)(i)(B) to appeal with the DAB in the case of an Management and Budget (OMB) for reflect that, when we establish ESRD expedited reconsidered determination. review and approval. In order to fairly rates, we will apply appropriate • In § 422.758, we revised paragraph evaluate whether an information adjustments, including risk adjustment (b) to include the new maximum collection should be approved by OMB, factors. amount of the civil money penalties that section 3506(c)(2)(A) of the PRA • In § 422.256, we revised paragraph we would impose on M+C organizations requires that we solicit comment on the (b) to reflect that we will make that terminate their contracts in a following issues: appropriate payment adjustments for manner other than that described in • The need for the information new benefits covered during a contract § 422.512. The new penalty amount will collection and its usefulness in carrying term due to NCDs and legislative be $100,000 or $250 per Medicare out the proper functions of our agency. changes in benefits that result in a enrollee from the terminated plan or • The accuracy of our estimate of the significant increase in costs to M+C plans, whichever is greater. information collection burden. organizations, based on an analysis by • The quality, utility, and clarity of IV. Waiver of Proposed Rulemaking our chief actuary. We also revised this the information to be collected. section to reflect that we will apply a We ordinarily publish a notice of • Recommendations to minimize the ‘‘NCD adjustment factor’’ in calculating proposed rulemaking in the Federal information collection burden on the rates for counties receiving the two Register and invite public comment on affected public, including automated percent minimum update. This factor revisions to regulations. The notice of collection techniques. will represent the percent of total proposed rulemaking includes a Section 417.479(h)—Physician Medicare cost attributed to the aggregate reference to the legal authority under Incentive Plans. In this final rule, we costs of all NCDs and legislative changes which the rule is proposed, and the require HMOs to provide us, upon in benefits in the previous year. terms and substances of the proposed request, information concerning its • In § 422.266, we revised paragraph rule or a description of the subjects and physician incentive plans. HMOs are (c) to clarify that when enrollees of M+C issues involved. We followed this also required to provide this plans elect to receive hospice care under procedure with respect to all but one of information to any Medicare beneficiary § 418.24, we will not make any payment the regulatory revisions made in this who requests it. While this requirement for the hospice care to the M+C plan final rule. As noted above, the proposed is subject to the PRA, the burden beginning with the next month’s rule did not include the revision to associated with this requirement is payment after the election, except for § 422.152(f) that we are making in this captured in approved collection 0938– the portion of the payment applicable to final rule that adds a new paragraph (4) 0700. additional benefits, as described in reflecting the provisions of section 616 Section 422.50(a)(2)—In this final § 422.312. of the BIPA. The requirement that we rule, this section states that an • In § 422.312, we redesignated issue regulations in proposed form for individual who develops end-stage paragraph (d) as paragraph (e) and public comment can be waived, renal disease while enrolled in an M+C added new paragraph (d) to reflect that however, if an agency finds good cause plan or in a health plan offered by an an M+C organization may apply that notice and comment procedures are M+C organization is eligible to elect an adjusted excess amounts to additional impracticable, unnecessary, or contrary M+C plan offered by that organization. benefits and accept lower payments to the public interest, and it Also, an individual with end-stage renal from us, which would allow a reduction incorporates a statement of the finding disease whose enrollment in an M+C of standard Part B premiums for its and its reasons in the rule issued. plan is terminated or discontinued after enrollees. The reduction in standard We find that publishing the new December 31, 1998 because we or the Part B premiums could not equal more paragraph (4) in § 422.152(f) in M+C organization terminated the M+C than 80 percent of the reduction in proposed form is unnecessary, because organization’s contract for the plan or payments to the M+C organization and this provision only revises the discontinued the plan in the area in the payment reduction could not exceed regulations text to reflect the provisions which the individual resides is eligible 125 percent of the standard Part B of section 616 of the BIPA, and has no to elect another M+C plan. An premium. In addition, the reduction in legal effect. These provisions were individual who elects an M+C plan premium would have to be applied enacted by the Congress, and took effect under paragraph (a)(2)(ii) of this section uniformly to all similarly situated on the date mandated by the legislation may elect another M+C plan if the plan enrollees. without regard to whether they are elected under paragraph (a)(2)(ii) also is • We added new § 422.521 to indicate reflected in conforming changes to the terminated or discontinued in the area that we will not implement, other than regulation text. In the new in which the individual resides.

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The burden associated with this information to each enrollee electing an § 422.266(a)—burden captured in 0938– requirement is the time and effort for M+C plan. Although this requirement is 0753 the individual to submit a new election subject to the PRA, the burden 0938–0700 is approved for 450 hours form. While this section is subject to the associated with this requirement is and expires on April 30, 2004 and PRA, this burden is currently captured captured in approved collection 0938– 0938–0753 is approved for 2,120,006 in approved collection 0938–0753. 0778. hours and expires on October 31, Section 422.74(d)(4)(i)—In the final Section 422.152(f)(4)—We have added 2005. rule, this section states that unless this section to reflect the statutory VI. Regulatory Impact Statement continuation of enrollment is elected provision of requiring M+C under § 422.54, the M+C organization organizations’ quality assurance A. Overall Impact must disenroll an individual if the M+C programs to have a separate focus on We have examined the impacts of this organization establishes, on the basis of racial and ethnic minorities. We final rule as required by Executive a written statement from the individual estimate that it will take each M+C Order 12866 (September 1993, or other evidence acceptable to us, that organization approximately 2 hours to Regulatory Planning and Review) and the individual has permanently moved. add a separate focus on racial and This section requires that the the Regulatory Flexibility Act (RFA) ethnic minorities to its quality (September 16, 1980, Pub. L. 96–354). individual must prepare and provide a assurance program. Since there are written statement to the M+C Executive Order 12866 directs agencies approximately 150 M+C organizations, to assess all costs and benefits of organization that he or she has we estimate the annual burden permanently moved. While this available regulatory alternatives and, if associated with this requirement to be regulation is necessary, to select requirement is subject to the PRA, the approximately 300 hours. burden associated with this requirement regulatory approaches that maximize Section 422.210(a)(1)—In the final net benefits (including potential is captured in approved collection rule, this section states that each M+C 0938–0753. economic, environmental, public health organization must provide to us upon and safety effects, distributive impacts, Section 422.106(c)(1)—M+C request, descriptive information about organizations may request, in writing, a and equity). A regulatory impact its physician incentive plan in sufficient analysis (RIA) must be prepared for waiver or modification of those detail to enable us to determine whether requirements in part 422 that hinder the major rules with economically that plan complies with the significant effects ($100 million or more design of, the offering of, or the requirements of § 422.208. enrollment in, M+C plans under annually). This section requires the M+C This final rule, which changes M+C contracts between M+C organizations organization to prepare and submit, and employers, labor organizations, or regulations in accordance with upon request, descriptive information to provisions set forth in the BIPA, is not the trustees of benefits funds. us. While this requirement is subject to We believe that the burden associated a major rule with economically the PRA, the burden associated with with this requirement is minimal. We significant effects as defined in Title 5, this requirement is captured in anticipate approximately 100 requests U.S.C. section 804(2) and is not an approved collection 0938–0700. for waivers or modifications submitted economically significant rule under Section 422.266(a)—In this final rule, on an annual basis and that it will take Executive Order 12866. This final rule an M+C organization that has a contract approximately 2 hours to prepare each will result in increases in total under subpart K of this part must inform request. The total annual burden expenditures of less than $100 million each Medicare enrollee eligible to select associated with this requirement is per year. hospice care under § 418.24 of this estimated to be 200 hours. The budgetary impact of section 605 Section 422.106(c)(2)—In this final chapter about the availability of hospice of the BIPA, which mandated revised rule, this section states that approved care (in a manner that objectively ESRD payments, was estimated to be waivers or modifications under this presents all available hospice providers, $270 million over the 5 years between paragraph may be used by any M+C including a statement of any ownership FY 2002 to FY 2006, based on the FY organization on developing its ACR interest in a hospice held by the M+C 2002 President’s budget. These proposal. Any M+C organization using a organization or a related entity). payments are in the current baseline waiver or modification must include While this requirement is subject to and have no impact on the budget. In that information in the cover letter of its the PRA, the burden associated with it addition, these provisions have already ACR proposal submission. is captured in approved collection been implemented through our 2002 The burden associated with this 0938–0753. annual payment notice. The additional requirement is the time and effort for In summary, the total burden hours cash expenditures for these M+C ESRD the M+C organization to include the for this proposed rule is calculated to be beneficiaries under this provision of the information in the cover letter of its 500 hours. The breakdown is as follows: BIPA affected those M+C organizations ACR proposal submission. Although § 417.479(h)—burden captured in 0938– that enrolled the approximately 18,000 this requirement is subject to the PRA, 0700 ESRD beneficiaries in their plans. the burden is minimal; therefore, the § 422.50(a)(2)—burden captured in Additional expenditures for this burden is captured in the analysis for 0938–0753 provision have been incorporated into § 422.106(c)(1). § 422.74(d)(4)(i)—burden captured in the M+C payment rates from CY 2002 Section 422.111(f)(8)(iii)—In this final 0938–0753 forward. rule, this section has been revised to § 422.106(c)(1)—200 hours This estimate assumed continuation add any reduction in Part B premiums § 422.106(c)(2)—burden captured in of the current restrictions on enrollment to the list of information that must be 422.106(c)(1) in the M+C program for ESRD disclosed to each enrollee electing an § 422.111(f)(8)(iii)—burden captured in beneficiaries. This estimate also M+C plan. 0938–0753 included the impact of adjusting for age The burden associated with this § 422.152(f)(4)—300 hours and sex and the impact of raising the requirement is the time and effort for § 422.210(a)(1)—burden captured in ESRD base rates by 3 percent. We the M+C organization to disclose 0938–0700 estimate that the change in policy for

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NCDs in this rule adds approximately significant impact on the operations of ■ For the reasons set forth in the $48 million per year to the Federal a substantial number of small rural preamble, the Centers for Medicare & budget. hospitals. This analysis must conform to Medicaid Services amends 42 CFR The RFA requires agencies to analyze the provisions of section 604 of the chapter IV as set forth below: options for regulatory relief of small RFA. For purposes of section 1102(b) of businesses. For purposes of the RFA, the Act, we define a small rural hospital PART 409—HOSPITAL INSURANCE small entities include small businesses, as a hospital that is located outside of BENEFITS nonprofit organizations, and a Metropolitan Statistical Area (MSA) ■ 1. The authority citation for part 409 government agencies. Most hospitals and has fewer than 100 beds. Almost 2 continues to read as follows: and most other providers and suppliers percent of M+C enrollees reside in are small entities, either by nonprofit payment areas outside MSAs. Because Authority: Secs. 1102 and 1871 of the status, or by having revenues of between information on the payment terms in Social Security Act (42 U.S.C. 1302 and $6 million and $29 million or less contracts between M+C organizations 1395hh). annually. (For details, see the Small and their providers is not available, data Subpart C—Posthospital SNF Care Business Administration publication are not available on the level of this that sets forth size standards for health economic impact. ■ 2. In § 409.20, the following care industries at 65 FR 69432.) amendments are made as set forth below: B. The Unfunded Mandates Act Individuals and States are not included ■ a. Paragraph (c)(3) is revised. in the definition of small entities. Section 202 of the Unfunded ■ b. Paragraph (c)(4) is added. For purposes of the RFA, most Mandates Reform Act of 1998 (UMRA) managed care organizations are not requires that agencies assess anticipated § 409.20 Coverage of services. considered to be small entities. We costs and benefits before issuing any * * * * * estimate that fewer than 5 out of 177 rule that may result in an expenditure (c) * * * M+C organization contractors have in any 1 year by State, local, or tribal (3) The term swing-bed hospital annual revenues of $7.5 million or less. governments, in the aggregate, or by the includes a CAH with swing-bed Approximately 35 percent of M+C private sector, of $110 million. We have approval under subpart F of part 485 of organization contractors have tax- determined, and we certify that this this chapter. exempt status, and thus, for purposes of final rule has no consequential effect on (4) The term post-hospital SNF care the RFA, are considered to be small State, local, or tribal governments. entities. We have examined the includes SNF care that does not follow economic impact of this final rule on C. Federalism a hospital stay when the beneficiary is enrolled in a plan, as defined in § 422.4 M+C organizations, including those that Executive Order 13132 establishes are tax-exempt, and, therefore, small of this chapter, offered by a certain requirements that an agency Medicare+Choice (M+C) organization, entities. We find that overall the must meet when it promulgates a economic impact is positive, due to the that includes the benefits described in proposed or final rule that imposes § 422.101(c) of this chapter. revised ESRD rates mandated by section substantial direct requirement costs on 605 of the BIPA, which are generating State and local governments, preempts Subpart D—Requirements for an increase in payments; the increase in State law, or otherwise has Federalism Coverage of Posthospital SNF Care payments due to the revised policy on implications. This final rule will impose NCDs, and the reductions in regulatory no direct requirement costs on State and ■ 3. In § 409.30, paragraph (b)(2) is burden due to the premium reductions local government, will not preempt revised to read as follows: in section 606, the waivers of M+C rules State law, or have any Federalism specified in section 606 for employers implications. § 409.30 Basic requirements. and related organizations, the waiver of In accordance with the provisions of * * * * * the 3 day hospital stay for SNF Executive Order 12866, this proposed (b) * * * admissions, and the reduction of the rule was reviewed by the Office of (2) The following exceptions apply— physician incentive reporting Management and Budget. (i) A beneficiary for whom requirements. Therefore, we certify that posthospital SNF care would not be this final rule will not have a significant List of Subjects medically appropriate within 30 days impact on a substantial number of small 42 CFR Part 409 after discharge from the hospital or businesses. The data available do not CAH, or a beneficiary enrolled in a allow us to determine the distributional Health facilities, Medicare. Medicare+Choice (M+C) plan, may be effects of this increase. We have not 42 CFR Part 417 admitted at the time it would be considered alternatives to lessen the medically appropriate to begin an active economic impact or regulatory burden Administrative practice and of this final rule because the regulatory procedure, Grants programs-health, course of treatment. burden is reduced and payment to the Health care, Health insurance, Health (ii) If, upon admission to the SNF, the plans is increased by this rule. The maintenance organizations (HMO), Loan beneficiary was enrolled in an M+C major change between the proposed and programs-health, Medicare, Reporting plan, as defined in § 422.4 of this final rule is the method for computing and recordkeeping requirements. chapter, offering the benefits described a significant national coverage in § 422.101(c) of this chapter, the 42 CFR Part 422 determination. This change will have a beneficiary will be considered to have net benefit to M+C organizations. We Administrative practice and met the requirements described in certify that this final rule will not have procedure, Health facilities, Health paragraphs (a) and (b) of this section, a significant impact on a substantial Maintenance Organizations (HMO), and also in § 409.31(b)(2), for the number of small entities. Medicare+Choice, Penalties, Privacy, duration of the SNF stay. In addition, section 1102(b) of the Act Provider-sponsored organizations (PSO), ■ 4. In § 409.31 paragraph (b)(2)(ii) is requires us to prepare a regulatory Reporting and recordkeeping revised, and a new paragraph (b)(2)(iii) is impact analysis if a final rule has a requirements. added to read as follows:

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§ 409.31 Level of care requirement. physician group to spread the risk terminated the M+C organization’s * * * * * across the categories of patients being contract for the plan or discontinued the (b) * * * pooled; plan in the area in which the individual (2) * * * (iv) The distribution of payments to resides, is eligible to elect another M+C (ii) Which arose while the beneficiary physicians from the risk pool is not plan. If the plan so elected is later was receiving care in a SNF or swing- calculated separately by patient terminated or discontinued in the area bed hospital or inpatient CAH services; category; and in which the individual resides, he or or (v) The terms of the risk borne by the she may elect another M+C plan. (iii) For which, for an M+C enrollee physicians or physician group are * * * * * described in § 409.20(c)(4), a physician comparable for all categories of patients ■ 10. In § 422.74, the following has determined that a direct admission being pooled. amendments are made as set forth below: to a SNF without an inpatient hospital (3) Disclosure to Medicare ■ a. Paragraph (d)(1)(ii) is revised. or inpatient CAH stay would be beneficiaries. Each health maintenance ■ b. Paragraph (d)(4) is revised. medically appropriate. organization or competitive medical § 422.74 Disenrollment by the M+C * * * * * plan must provide the following information to any Medicare beneficiary organization. PART 417—HEALTH MAINTENANCE who requests it: * * * * * ORGANIZATIONS, COMPETITIVE * * * * * (d) * * * MEDICAL PLANS, AND HEALTH CARE (1) * * * PREPAYMENT PLANS PART 422—MEDICARE+CHOICE (ii) The M+C organization has not PROGRAM received payment within 90 days after ■ 5. The authority citation for part 417 the date the premium was due. ■ 7. The authority citation for part 422 continues to read as follows: * * * * * continues to read as follows: (d) * * * Authority: Secs. 1102 and 1871 of the (4) Individual no longer resides in the Social Security Act (42 U.S.C. 1302 and Authority: Secs. 1102 and 1871 of the 1395hh), secs. 1301, 1306, and 1310 of the Social Security Act (42 U.S.C. 1302 and M+C plan’s service area. (i) Basis for Public Health Service Act (42 U.S.C. 300e, 1395hh). disenrollment. Unless continuation of 300e–5, and 300e–9), and 31 U.S.C. 9701. enrollment is elected under § 422.54, Subpart A—General Provisions the M+C organization must disenroll an Subpart L—Medicare Contract ■ 8. In § 422.2, the introductory text is individual if the M+C organization Requirements republished, and the definition of establishes, on the basis of a written statement from the individual or other § 417.479 [Amended] Additional benefits is revised to read as follows: evidence acceptable to CMS, that the ■ 6. In § 417.479, the following individual has permanently moved— amendments are made as follows: § 422.2 Definitions. (A) Out of the M+C plan’s service ■ a. In paragraph (g)(2)(ii), the reference As used in this part— area; or (B) From the residence in which the in the second sentence to ‘‘(h)(1)(v)’’ is * * * * * removed and ‘‘(h)(2)’’ is inserted in its Additional benefits are health care individual resided at the time of place. services not covered by Medicare, enrollment in the M+C plan to an area ■ b. The heading for paragraph (h) is reductions in premiums or cost-sharing outside the M+C plan’s service area, for revised. for Medicare covered services, and those individuals who enrolled in the ■ c. Paragraph (h)(1) is revised. reductions in the Medicare beneficiary’s M+C plan under the eligibility ■ d. Paragraph (h)(2) is revised. standard Part B premium, funded from requirements at § 422.50(a)(3)(ii) or ■ e. The introductory text to paragraph adjusted excess amounts as calculated (a)(4). (ii) Special rule. If the individual has (h)(3) is revised. in the ACR. not moved from the M+C plan’s service § 417.479 Requirements for physician * * * * * area (or residence, as described in incentive plans. paragraph (d)(4)(i)(B) of this section), Subpart B—Eligibility, Election, and * * * * * but has left the service area (or Enrollment (h) Disclosure and other requirements residence) for more than 6 months, the for organizations with physician ■ 9. In § 422.50, paragraph (a)(2) is M+C organization must disenroll the incentive plans. (1) Disclosure to CMS. revised to read as follows: individual from the plan, unless the Each health maintenance organization exception in paragraph (d)(4)(iii) of this or competitive medical plan must § 422.50 Eligibility to elect an M+C plan. section applies. provide to CMS information concerning (a) * * * (iii) Exception. If the M+C plan covers its physician incentive plans as (2) Has not been medically services other than emergent, urgent, requested. determined to have end-stage renal maintenance and poststabilization, and (2) Pooling of patients. Pooling of disease, except that— renal dialysis services (as described in patients is permitted only if—(i) It is (i) An individual who develops end- § 422.100(b)(1)(iv) and § 422.113) when otherwise consistent with the relevant stage renal disease while enrolled in an the individual is out of the service area contracts governing the compensation M+C plan or in a health plan offered by for a period of consecutive days longer arrangements for the physician or the M+C organization is eligible to elect than 6 months but less than 12 months, physician group; an M+C plan offered by that but within the United States (as defined (ii) The physician or physician group organization; and in § 400.200 of this chapter), the M+C is at risk for referral services with (ii) An individual with end-stage organization may elect to offer to the respect to each of the categories of renal disease whose enrollment in an individual the option of remaining patients being pooled; M+C plan was terminated or enrolled in the M+C plan if— (iii) The terms of the compensation discontinued after December 31, 1998, (A) The individual is disenrolled on arrangements permit the physician or because CMS or the M+C organization the first day of the 13th month after the

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individual left the service area (or or policies are most beneficial to M+C (c) Waiver or modification. (1) M+C residence, if paragraph (d)(4)(i)(B) of enrollees. organizations may request, in writing, this section applies); (ii) CMS will review notices provided from CMS, a waiver or modification of (B) The individual understands and under paragraph (b)(3)(i) of this section, those requirements in this part that accepts any restrictions imposed by the evaluate the selected local coverage hinder the design of, the offering of, or M+C plan on obtaining these services policy or policies based on such factors the enrollment in, M+C plans under while absent from the M+C plan’s as cost, access, geographic distribution contracts between M+C organizations service area for the extended period; of enrollees, and health status of and employers, labor organizations, or and enrollees, and notify the M+C the trustees of funds established by one (C) The M+C organization makes this organization of its approval or denial of or more employers or labor option available to all Medicare the selected uniform local coverage organizations to furnish benefits to the enrollees who are absent for an policy or policies. entity’s employees, former employees, extended period from the M+C plan’s (c) M+C organizations may elect to or members or former members of the service area. However, M+C furnish, as part of their Medicare labor organizations. organizations may limit this option to covered benefits, coverage of (2) Approved waivers or enrollees who travel to certain areas, as posthospital SNF care as described in modifications under this paragraph may defined by the M+C organization, and subparts C and D of this part, in the be used by any M+C organization in who receive services from qualified absence of the prior qualifying hospital developing its Adjusted Community providers who directly provide, arrange stay that would otherwise be required Rate (ACR) proposal. Any M+C for, or pay for health care. for coverage of this care. organization using a waiver or (iv) Notice of disenrollment. The M+C ■ 12. In § 422.106, the following modification must include that organization must give the individual a amendments are made as follows: information in the cover letter of its written notice of the disenrollment that ■ a. The section heading is revised. ACR proposal submission. meets the requirements set forth in ■ b. Paragraphs (a) introductory text, ■ 13. Section 422.109 is revised to read paragraph (c) of this section. (a)(1), and (a)(2) are revised. as follows: ■ * * * * * c. Paragraph (b) introductory text is revised. § 422.109 Effect of national coverage Subpart C—Benefits and Beneficiary ■ d. A new paragraph (c) is added. determinations (NCDs) and legislative Protections changes in benefits. § 422.106 Coordination of benefits with (a) Definitions. The term significant employer or union group health plans and ■ 11. In § 422.101, the following Medicaid. cost, as it relates to a particular NCD or legislative change in benefits, means amendments are made as follows: (a) General rule. If an M+C ■ a. Paragraph (b)(3) is revised. either of the following: organization contracts with an ■ b. Paragraph (c) is added. (1) The average cost of furnishing a employer, labor organization, or the single service exceeds a cost threshold § 422.101 Requirements relating to basic trustees of a fund established by one or that— benefits. more employers or labor organizations (i) For calendar years 1998 and 1999, * * * * * that cover enrollees in an M+C plan, or is $100,000; and (b) * * * contracts with a State Medicaid agency (ii) For calendar year 2000 and (3) Written coverage decisions of local to provide Medicaid benefits to subsequent calendar years, is the carriers and intermediaries with individuals who are eligible for both preceding year’s dollar threshold jurisdiction for claims in the geographic Medicare and Medicaid, and who are adjusted to reflect the national per area in which services are covered enrolled in an M+C plan, the enrollees capita growth percentage described in under the M+C organization. If an M+C must be provided the same benefits as § 422.254(b). organization covers geographic areas all other enrollees in the M+C plan, (2) The estimated cost of all Medicare encompassing more than one local with the employer, labor organization, services furnished as a result of a coverage policy area, the M+C fund trustees, or Medicaid benefits particular NCD or legislative change in organization may elect to uniformly supplementing the M+C plan benefits. benefits represents at least 0.1 percent of apply to plan enrollees in all areas the Jurisdiction regulating benefits under the national standardized annual coverage policy that is the most these circumstances is as follows: capitation rate, as described in beneficial to M+C enrollees. M+C (1) All requirements of this part that § 422.254(f), multiplied by the total organizations that elect this option must apply to the M+C program apply to the number of Medicare beneficiaries for the notify CMS before selecting the area that M+C plan coverage and benefits applicable calendar year. For purposes has local coverage policies that are most provided to enrollees eligible for of § 422.256 only, this test is applied to beneficial to M+C enrollees as follows: benefits under an employer, labor all NCDs or legislative changes in (i) An M+C organization electing to organization, trustees of a fund benefits, in the aggregate, for a given adopt a uniform local coverage policy established by one or more employers or year. If the sum of the average cost of for a plan or plans must notify CMS at labor organizations, or Medicaid each NCD or legislative change in least 60 days before the date specified contract. benefits exceeds the amount in in § 422.306(a), which is 60 days before (2) Employer benefits that paragraph (a)(1) of this section, or the the date adjusted community rate complement an M+C plan, which are aggregate costs of all NCDs and proposals are due for the subsequent not part of the M+C plan, are not subject legislative changes for a year exceeds year. Such notice must identify the plan to review or approval by CMS. the percentage in paragraph (a)(2) of this or plans and service area or services * * * * * section, the costs are considered areas to which the uniform local (b) Examples. Permissible employer, ‘‘significant.’’ coverage policy or policies will apply, labor organization, benefit fund trustee, (b) General rule. If CMS determines the competing local coverage policies or Medicaid plan benefits include the and announces that an individual NCD involved, and a justification explaining following: or legislative change in benefits meets why the selected local coverage policy * * * * * the criteria for significant cost described

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in paragraph (a) of this section, a M+C (ii) A service that is not included in M+C plan enrollee was a resident at the organization is not required to assume the M+C capitation payment rate. time of admission to the hospital. A risk for the costs of that service or (4) Beneficiaries are liable for any continuing care retirement community benefit until the contract year for which applicable coinsurance amounts. is an arrangement under which housing payments are appropriately adjusted to (d) After payment adjustments and health-related services are provided take into account the cost of the NCD become effective. For the contract year (or arranged) through an organization service or legislative change in benefits. in which payment adjustments that take for the enrollee under an agreement that If CMS determines that an NCD or into account the significant cost of the is effective for the life of the enrollee or legislative change in benefits does not NCD service or legislative change in for a specified period; or meet the ‘‘significant cost’’ threshold benefits are in effect, the service or (3) The skilled nursing facility in described in § 422.109(a), the M+C benefit is included in the M+C which the spouse of the enrollee is organization is required to provide organization’s contract with CMS, and is residing at the time of discharge from coverage for the NCD or legislative a covered benefit under the contract. the hospital. change in benefits and assume risk for Subject to all applicable rules under this (c) Coverage no less favorable. The the costs of that service or benefit as of part, the M+C organization must posthospital extended care scope of the effective date stated in the NCD or furnish, arrange, or pay for the NCD services, cost-sharing, and access to specified in the legislation. service or legislative change in benefits. coverage provided by the home skilled (c) Before payment adjustments M+C organizations may establish nursing facility must be no less become effective. Before the contract separate plan rules for these services favorable to the enrollee than year that payment adjustments that take and benefits, subject to CMS review and posthospital extended care services into account the significant cost of the approval. CMS may, at its discretion, coverage that would be provided to the NCD service or legislative change in issue overriding instructions limiting or enrollee by a skilled nursing facility that benefits become effective, the service or revising the M+C plan rules, depending would be otherwise covered under the benefit is not included in the M+C on the specific NCD or legislative M+C plan. organization’s contract with CMS, and is change in benefits. For these services or (d) Exceptions. The requirement to not a covered benefit under the contract. benefits, the Medicare enrollee will be allow an M+C plan enrollee to elect to The following rules apply to these responsible for M+C plan cost sharing, return to the home skilled nursing services or benefits: as approved by CMS or unless otherwise facility for posthospital extended care (1) Medicare payment for the service instructed by CMS. services after discharge from the or benefit is made directly by the fiscal ■ 14. In § 422.111, a new paragraph hospital does not do the following: intermediary and carrier to the provider (f)(8)(iii) is added to read as follows: (1) Require coverage through a skilled furnishing the service or benefit in nursing facility that is not otherwise accordance with original Medicare § 422.111 Disclosure requirements. qualified to provide benefits under Part payment rules, methods, and * * * * * A for Medicare beneficiaries not requirements. (f) * * * enrolled in the M+C plan. (2) Costs for NCD services or (8) * * * (2) Prevent a skilled nursing facility legislative changes in benefits for which (iii) The reduction in Part B from refusing to accept, or imposing CMS intermediaries and carriers will premiums, if any. conditions on the acceptance of, an not make payment and are the * * * * * enrollee for the receipt of posthospital responsibility of the M+C organization ■ 15. A new § 422.133 is added to extended care services. are— subpart C to read as follows: (i) Services necessary to diagnose a Subpart D—Quality Assurance condition covered by the NCD or § 422.133 Return to home skilled nursing legislative changes in benefits; facility. ■ 16. In § 422.152, a new paragraph (f)(4) (ii) Most services furnished as follow- (a) General rule. M+C plans must is added to read as follows: up care to the NCD service or legislative provide coverage of posthospital § 422.152 Quality assessment and change in benefits; extended care services to Medicare performance improvement program. (iii) Any service that is already a enrollees through a home skilled Medicare-covered service and included nursing facility if the enrollee elects to * * * * * (f) * * * in the annual M+C capitation rate or receive the coverage through the home (4) Focus on racial and ethnic previously adjusted payments; and skilled nursing facility, and if the home minorities. The M+C organization’s (iv) Any service, including the costs skilled nursing facility either has a Quality Assurance program must of the NCD service or legislative change contract with the M+C organization or include a separate focus on racial and in benefits, to the extent the M+C agrees to accept substantially similar ethnic minorities. organization is already obligated to payment under the same terms and cover it as an additional benefit under conditions that apply to similar skilled Subpart E—Relationships With § 422.312 or supplemental benefit under nursing facilities that contract with the Providers § 422.102. M+C organization. (3) Costs for significant cost NCD (b) Definitions. In this subpart, home ■ 17. In § 422.202, paragraph (a)(4) is services or legislative changes in skilled nursing facility means— revised to read as follows: benefits for which CMS fiscal (1) The skilled nursing facility in intermediaries and carriers will make which the enrollee resided at the time § 422.202 Participation procedures. payment are— of admission to the hospital preceding (a) * * * (i) Costs relating directly to the the receipt of posthospital extended care (4) A process for appealing adverse provision of services related to the NCD services; participation procedures, including the or legislative change in benefits that (2) A skilled nursing facility that is right of physicians to present were noncovered services before the providing posthospital extended care information and their views on the issuance of the NCD or legislative services through a continuing care decision. In the case of termination or change in benefits; and retirement community in which the suspension of a provider contract by the

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M+C organization, this process must described in § 422.252. Effective 2002, a of election to receive hospice care, until conform to the rules in § 422.202(d). special adjustment is made to increase the first day of the month following the ■ 18. In § 422.210, paragraph (a) and the ESRD rates to 100 percent of estimated month in which the election is introductory text to paragraph (b) are per capita fee-for-service expenditures terminated. revised to read as follows: and rates are adjusted for age and sex. (2) During the time the hospice In subsequent years, rates are adjusted election is in effect, CMS’s monthly § 422.210 Disclosure of physician for age, sex, and other factors, if capitation payment to the M+C incentive plans. appropriate. organization is reduced to an amount (a) Disclosure to CMS. Each M+C * * * * * equal to the adjusted excess amount organization must provide to CMS determined under § 422.312. In ■ 20. In § 422.256, paragraph (b) is information concerning its physician addition, CMS pays through the original revised to read as follows: incentive plans as requested. Medicare program (subject to the usual (b) Disclosure to Medicare § 422.256 Adjustments to capitation rates rules of payment)— beneficiaries. Each M+C organization and aggregate payments. (i) The hospice program for hospice must provide the following information * * * * * care furnished to the Medicare enrollee; to any Medicare beneficiary who (b) Adjustment for national coverage and requests it: determination (NCD) services and (ii) The M+C organization, provider, * * * * * legislative changes in benefits. If CMS or supplier for other Medicare-covered determines that the cost of furnishing an services to the enrollee. Subpart F—Payments to NCD service or legislative change in Medicare+Choice Organizations Subpart G—Premiums and Cost- benefits is significant, as defined in Sharing § 422.109, CMS will adjust capitation ■ 19. In § 422.250, the following rates or make other payment ■ 22. In § 422.312, the following amendments are made as follows: adjustments, to account for the cost of ■ a. Paragraph (a)(1) is revised. amendments are made as follows: the service or legislative change in ■ a. Paragraph (d) is redesignated as ■ b. Paragraph (a)(2)(i)(B) is redesignated benefits. Until the new capitation rates paragraph (e). as (a)(2)(i)(C). are in effect, the M+C organization will ■ b. A new paragraph (d) is added. ■ c. A new paragraph (a)(2)(i)(B) is be paid for the significant cost NCD added. § 422.312 Requirement for additional service or legislative change in benefits benefits. § 422.250 General provisions. on a fee-for-service basis as provided under § 422.109(b). The Office of the * * * * * (a) Monthly payments—(1) General (d) Reduction in payments. As of rule. (i) Except as provided in Actuary in CMS will apply a new NCD adjustment factor each year that reflects January 1, 2003, as a part of providing paragraphs (a)(2) or (f) of this section, additional benefits under paragraph (b) CMS makes advance monthly payments significant costs of NCDs and legislative changes in benefits for coverage of this section, if there is an adjusted equal to 1/12th of the annual M+C excess amount for the plan it offers, the capitation rate for the payment area effective in the second prior year. The new NCD adjustment factor will be M+C organization— described in paragraph (c) of this (1) May elect to receive a reduction applied to the 2 percent minimum section adjusted for such demographic (not to exceed 125 percent of the update rate described in § 422.252(c). risk factors as an individual’s age, standard Part B premium amount) in its disability status, sex, institutional * * * * * payments under § 422.250(a)(1), 80 status, and other factors as it determines ■ 21. In § 422.266, the following percent of which will be applied to to be appropriate to ensure actuarial amendments are made as follows: reduce the Part B premiums of its equivalence. ■ a. Paragraph (a) introductory text is Medicare enrollees; and (ii) Effective January 1, 2000, CMS revised. (2) Must apply the reduction adjusts for health status as provided in ■ b. Paragraph (c) is revised. uniformly to all similarly situated § 422.256(c). When the new risk § 422.266 Special rules for hospice care. enrollees of the M+C plan. adjustment is implemented, 1/12th of * * * * * the annual capitation rate for the (a) Information. An M+C organization payment area described in paragraph (c) that has a contract under subpart K of Subpart K—Contracts With of this section will be adjusted by the this part must inform each Medicare Medicare+Choice Organizations risk adjustment methodology under enrollee eligible to select hospice care § 422.256(d). under § 418.24 of this chapter about the ■ 23. A new § 422.521 is added as set (iii) Effective January 1, 2003, availability of hospice care (in a manner forth below: monthly payments may be reduced by that objectively presents all available hospice providers, including a § 422.521 Effective date of new significant the adjusted excess amount, as regulatory requirements. statement of any ownership interest in described in § 422.312(a)(2), and 80 CMS will not implement, other than percent of the reduction in monthly a hospice held by the M+C organization or a related entity) if— at the beginning of a calendar year, payments used to reduce the Medicare requirements under this part that * * * * * beneficiary’s Part B premium, up to a impose a new significant cost or burden (c) Payment. (1) No payment is made total of 125 percent of Part B premium on M+C organizations or plans, unless to an M+C organization on behalf of a amount. a different effective date is required by (2) * * * Medicare enrollee who has elected statute. (i) * * * hospice care under § 418.24 of this (B) CMS applies appropriate chapter except for the portion of the Subpart M—Grievances, Organization adjustments when establishing the rates, payment applicable to the additional Determinations and Appeals including risk adjustment factors. CMS benefits described in § 422.312. This no- also establishes annual changes in payment rule is effective from the first ■ 24. In § 422.566, paragraph (c) is capitation rates using the methodology day of the month following the month revised to read as set forth below:

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§ 422.566 Organization determinations. § 422.619 How a M+C organization must than a determination based upon a * * * * * effectuate expedited reconsidered violation under § 422.510(a)(4), in (c) Who can request an organization determinations. accordance with the provisions of part determination. (1) Those individuals or * * * * * 1005 of this title, CMS may impose civil entities who can request an organization (c) Reversals other than by the M+C money penalties on the M+C determination are— organization or the independent outside organization in the amounts specified in (i) The enrollee (including his or her entity.—(1) General rule. If the § 422.758 in addition to, or in place of, authorized representative); independent outside entity’s expedited the sanctions that CMS may impose (ii) Any provider that furnishes, or determination is reversed in whole or in under paragraph (c) of this section. part by the ALJ, or at a higher level of intends to furnish, services to the ■ 28. In § 422.758, the following appeal, the M+C organization must enrollee; or amendments are made as set forth below: (iii) The legal representative of a authorize or provide the service under ■ a. The introductory text is designated deceased enrollee’s estate. dispute as expeditiously as the as paragraph (a) introductory text. (2) Those who can request an enrollee’s health condition requires, but ■ expedited determination are— no later than 60 days from the date it b. Paragraph (a) is redesignated as (i) An enrollee (including his or her receives notice reversing the paragraph (a)(1) and is revised. authorized representative); or determination. The M+C organization ■ c. Paragraph (b) is redesignated as (ii) A physician (regardless of whether must inform the independent outside paragraph (a)(2) and is revised. the physician is affiliated with the M+C entity that the organization has ■ d. A new paragraph (b) is added. organization). effectuated the decision. (2) Effectuation exception when the § 422.758 Maximum amount of civil money ■ 25. In § 422.618, paragraph (c) is penalties imposed by CMS. revised to read as set forth below: M+C organization files an appeal with the Departmental Appeals Board. If the (a) * * * § 422.618 How an M+C organization must M+C organization requests (1) For the violations listed below, effectuate standard reconsidered Departmental Appeals Board (the Board) CMS may impose the sanctions determinations or decisions. review consistent with § 422.608, the specified in § 422.750(a)(2), (a)(3), or * * * * * M+C organization may await the (a)(4) on any M+C organization that has (c) Reversals other than by the M+C outcome of the review before it a contract in effect. The M+C organization or the independent outside authorizes or provides the service under organization may also be subject to entity.—(1) General rule. If the dispute. A M+C organization that files other applicable remedies available independent outside entity’s an appeal with the Board must under law. determination is reversed in whole or in concurrently send a copy of its appeal (2) For each week that a deficiency part by the ALJ, or at a higher level of request and any accompanying remains uncorrected after the week in appeal, the M+C organization must pay documents to the enrollee and must which the M+C organization receives for, authorize, or provide the service notify the independent outside entity CMS’s notice of the determination—up under dispute as expeditiously as the that it has requested an appeal. to $10,000. enrollee’s health condition requires, but (b) If CMS makes a determination Subpart O—Intermediate Sanctions no later than 60 calendar days from the under § 422.752(b) and § 422.756(f)(3), date it receives notice reversing the ■ 27. In § 422.756, the following based on a determination under determination. The M+C organization § 422.510(a)(1) that an M+C organization must inform the independent outside amendments are made as set forth below: ■ has terminated its contract with CMS in entity that the organization has a. Paragraph (f)(2) is revised. ■ b. Paragraph (f)(3) is revised. a manner other than described under effectuated the decision or that it has § 422.512—$250 per Medicare enrollee appealed the decision. § 422.756 Procedures for imposing from the terminated M+C plan or plans (2) Effectuation exception when the sanctions. at the time the M+C organization M+C organization files an appeal with * * * * * terminated its contract, or $100,000, the Departmental Appeals Board. If the (f) * * * whichever is greater. M+C organization requests (2) In the case of a violation described (Catalog of Federal Domestic Assistance Departmental Appeals Board (the Board) in paragraph (a) of § 422.752, or a review consistent with § 422.608, the Program No. 93.773, Medicare—Hospital determination under paragraph (b) of Insurance; and Program No. 93.774, M+C organization may await the § 422.752 based upon a violation under Medicare—Supplementary Medical outcome of the review before it pays for, § 422.510(a)(4) (involving fraudulent or Insurance Program) authorizes, or provides the service abusive activities), in accordance with Dated: April 3, 2003. under dispute. A M+C organization that the provisions of part 1005 of this title, Thomas A. Scully, files an appeal with the Board must the OIG may impose civil money concurrently send a copy of its appeal penalties on the M+C organization in Administrator, Centers for Medicare & Medicaid Services. request and any accompanying accordance with part 1005 of this title documents to the enrollee and must in addition to, or in place of, the Dated: June 3, 2003. notify the independent outside entity sanctions that CMS may impose under Tommy G. Thompson, that it has requested an appeal. paragraph (c) of this section. Secretary. ■ 26. In § 422.619, paragraph (c) is (3) In the case of a determination [FR Doc. 03–20995 Filed 8–13–03; 3:19 pm] revised to read as set forth below: under paragraph (b) of § 422.752 other BILLING CODE 4120–01–P

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Part III

Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use 9223; COE: Ms. Shirley Middleswarth, URBAN DEVELOPMENT only’’ recipients of the property will be Army Corps of Engineers, Civil required to relocate the building to their Division, Directorate of Real Estate, 441 [Docket No. FR–4809–N–34] own site at their own expense. G Street, NW., Washington, DC 20314– Federal Property Suitable as Facilities Homeless assistance providers 1000; (202) 761–7425; COAST GUARD: To Assist the Homeless interested in any such property should United States Coast Guard, Attn: Teresa send a written expression of interest to Sheinberg, Room 6109, 2100 Second AGENCY: Office of the Assistant HHS, addressed to Shirley Kramer, Street, SW., Washington DC 20593– Secretary for Community Planning and Division of Property Management, 0001; (202) 267–6142; ENERGY: Mr. Development, HUD. Program Support Center, HHS, room Tom Knox, Department of Energy, ACTION: Notice. 5B–41, 5600 Fishers Lane, Rockville, Office of Engineering & Construction MD 20857; (301) 443–2265. (This is not Management, CR–80, Washington, DC SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the 20585; (202) 586–8715; GSA: Mr. Brian unutilized, underutilized, excess, and interested provider an application K. Polly, Assistant Commissioner, surplus Federal property reviewed by packet, which will include instructions General Services Administration, Office HUD for suitability for possible use to for completing the application. In order of Property Disposal, 18th and F Streets, assist the homeless. to maximize the opportunity to utilize a NW., Washington, DC 20405; (202) 501– FOR FURTHER INFORMATION CONTACT: suitable property, providers should 0052; INTERIOR: Ms. Linda Tribby, Mark Johnston, room 7266, Department submit their written expressions of Acquisition & Property Management, of Housing and Urban Development, interest as soon as possible. For Department of the Interior, 1849 C 451 Seventh Street SW., Washington, complete details concerning the Street, NW., MS5512, Washington, DC DC 20410; telephone (202) 708–1234; processing of applications, the reader is 20240; (202) 219–0728; NAVY: Mr. TTY number for the hearing- and encouraged to refer to the interim rule Charles C. Cocks, Director, Department speech-impaired (202) 708–2565 (these governing this program, 24 CFR part of the Navy, Real Estate Policy Division, telephone numbers are not toll-free), or 581. Naval Facilities Engineering Command, call the toll-free Title V information line For properties listed as suitable/to be Washington Navy Yard, 1322 Patterson at 1–800–927–7588. excess, that property may, if Ave., SE., Suite 1000, Washington, DC subsequently accepted as excess by SUPPLEMENTARY INFORMATION: 20374–5065; (202) 685–9200; VA: Ms. In GSA, be made available for use by the accordance with 24 CFR part 581 and Amelia E. McLellan, Director, Real homeless in accordance with applicable Property Service (183C), Department of section 501 of the Stewart B. McKinney law, subject to screening for other Homeless Assistance Act (42 U.S.C. Veterans Affairs, 810 Vermont Avenue, Federal use. At the appropriate time, NW., Room 419, Washington, DC 20420; 11411), as amended, HUD is publishing HUD will publish the property in a this Notice to identify Federal buildings (202) 565–5398; (These are not toll-free Notice showing it as either suitable/ numbers). and other real property that HUD has available or suitable/unavailable. reviewed for suitability for use to assist For properties listed as suitable/ Dated: August 14, 2003. the homeless. The properties were unavailable, the landholding agency has John D. Garrity, reviewed using information provided to decided that the property cannot be Director, Office of Special Needs Assistance HUD by Federal landholding agencies declared excess or made available for Programs. regarding unutilized and underutilized use to assist the homeless, and the TITLE V, FEDERAL SURPLUS PROPERTY buildings and real property controlled property will not be available. PROGRAM FEDERAL REGISTER REPORT by such agencies or by GSA regarding Properties listed as unsuitable will FOR 8/22/03 its inventory of excess or surplus not be made available for any other Federal property. This Notice is also purpose for 20 days from the date of this Suitable/Available Properties published in order to comply with the Notice. Homeless assistance providers Buildings (by State) December 12, 1988 Court Order in interested in a review by HUD of the California National Coalition for the Homeless v. determination of unsuitability should SSA Building Veterans Administration, No. 88–2503– call the toll free information line at 1– 1230 12th Street OG (D.D.C.). 800–927–7588 for detailed instructions Modesto Co: CA 95354– Properties reviewed are listed in this or write a letter to Mark Johnston at the Landholding Agency: GSA Notice according to the following address listed at the beginning of this Property Number: 54200330003 categories: Suitable/available, suitable/ Notice. Included in the request for Status: Surplus unavailable, suitable/to be excess, and review should be the property address Comment: 11,957 sq. ft., needs repair, unsuitable. The properties listed in the presence of asbestos/lead paint, most (including zip code), the date of recent use—office three suitable categories have been publication in the Federal Register, the GSA Number: 9–G–CA–1610 reviewed by the landholding agencies, landholding agency, and the property Georgia and each agency has transmitted to number. HUD: (1) Its intention to make the For more information regarding Bldgs. 00064, 00065 property available for use to assist the particular properties identified in this Camp Frank D. Merrill Dahlonega Co: Lumpkin GA 30597– homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing Landholding Agency: Army property excess to the agency’s needs, or sanitary facilities, exact street address), Property Number: 21200330108 (3) a statement of the reasons that the providers should contact the Status: Unutilized property cannot be declared excess or appropriate landholding agencies at the Comment: 648 sq. ft. each, concrete block, made available for use as facilities to following addresses: ARMY: Ms. Julie most recent use—water support treatment assist the homeless. Jones-Conte, Department of the Army, bldg., off-site use only Properties listed as suitable/available Office of the Assistant Chief of Staff for Idaho will be available exclusively for Installation Management, Attn: DAIM– Bldg. CF603 homeless use for a period of 60 days ME, Room 1E677, 600 Army Pentagon, Idaho Natl Eng & Env Lab from the date of this Notice. Where Washington, DC 20310–0600; (703) 692– Scoville Co: Butte ID 83415–

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Landholding Agency: Energy Bldg. 1 Marion Co: Grant IN 46952– Property Number: 41200020004 N. Indiana Health Care System Landholding Agency: VA Status: Excess Marion Co: Grant IN 46952– Property Number: 97200310009 Comment: 15,005 sq ft. cinder block, Landholding Agency: VA Status: Unutilized presence of asbestos/lead paint, major Property Number: 97200310001 Comment: 37,135 sq. ft., needs extensive rehab, off-site use only Status: Unutilized repairs, presence of asbestos, most recent Indiana Comment: 20,287 sq. ft., needs extensive use—dining hall/kitchen repairs, presence of asbestos, most recent Kentucky Bldg. 105, VAMC use—patient ward East 38th Street Green River Lock & Dam #3 Marion Co: Grant IN 46952– Bldg. 3 Rochester Co: Butler KY 42273– Landholding Agency: VA N. Indiana Health Care System Location: SR 70 west from Morgantown, KY., Property Number: 97199230006 Marion Co: Grant IN 46952– approximately 7 miles to site. Status: Excess Landholding Agency: VA Landholding Agency: COE Comment: 310 sq. ft., 1 story stone structure, Property Number: 97200310002 Property Number: 31199010022 no sanitary or heating facilities, Natl Status: Unutilized Status: Unutilized Register of Historic Places Comment: 20,550 sq. ft., needs extensive Comment: 980 sq. ft.; 2 story wood frame; Bldg. 140, VAMC repairs, presence of asbestos, most recent two story residence; potential utilities; East 38th Street use—patient ward needs major rehab. Marion Co: Grant IN 46952– Bldg. 4 Louisiana Landholding Agency: VA N. Indiana Health Care System Marion Co: Grant IN 46952– SSA Baton Rouge Dist. Ofc. Property Number: 97199230007 350 Donmoor Avenue Status: Excess Landholding Agency: VA Property Number: 97200310003 Baton Rouge Co: LA 70806– Comment: 60 sq. ft., concrete block bldg., Landholding Agency: GSA most recent use—trash house Status: Unutilized Comment: 20,550 sq .ft., needs extensive Property Number: 54200330005 Bldg. 7 Status: Surplus VA Northern Indiana Health Care System repairs, presence of asbestos, most recent use—patient ward Comment: 9456 sq. ft., most recent use— Marion Campus, 1700 East 38th Street office Marion Co: Grant IN 46953– Bldg. 13 GSA Number: 7–G–LA–0567 Landholding Agency: VA N. Indiana Health Care System Maryland Property Number: 97199810001 Marion Co: Grant IN 46952– Status: Underutilized Landholding Agency: VA Bldg. 2728 Comment: 16,864 sq. ft., presence of asbestos, Property Number: 97200310004 Fort Meade most recent use—psychiatric ward, Status: Unutilized Ft. Meade Co: Anne Arundel MD 20755– National Register of Historic Places Comment: 8971 sq. ft., needs extensive Landholding Agency: Army Property Number: 21200330109 Bldg. 10 repairs, presence of asbestos, most recent Status: Unutilized VA Northern Indiana Health Care System use—office Comment: 4072 sq. ft., most recent use— Marion Campus, 1700 East 38th Street Bldg. 19 storage, off-site use only Marion Co: Grant IN 46953– N. Indiana Health Care System Landholding Agency: VA Marion Co: Grant IN 46952– Bldgs. 00264, 00265 Property Number: 97199810002 Landholding Agency: VA Aberdeen Proving Grounds Status: Underutilized Property Number: 97200310005 Aberdeen Co: Harford MD 21005– Comment: 16,361 sq. ft., presence of asbestos, Status: Unutilized Landholding Agency: Army most recent use—psychiatric ward, Comment: 12,237 sq. ft., needs extensive Property Number: 21200330110 National Register of Historic Places repairs, presence of asbestos, most recent Status: Unutilized Comment: 1322/1048 sq. ft., needs, rehab, Bldg. 11 use—office most recent use—storage, off-site use only VA Northern Indiana Health Care System Bldg. 20 Marion Campus, 1700 East 38th Street N. Indiana Health Care System Bldg. 00435 Marion Co: Grant IN 46953– Marion Co: Grant IN 46952– Aberdeen Proving Grounds Landholding Agency: VA Landholding Agency: VA Aberdeen Co: Harford MD 21005– Property Number: 97199810003 Property Number: 97200310006 Landholding Agency: Army Status: Underutilized Status: Unutilized Property Number: 21200330111 Comment: 16,361 sq. ft., presence of asbestos, Comment: 14,039 sq. ft., needs extensive Status: Unutilized most recent use—psychiatric ward, repairs, presence of asbestos, most recent Comment: 1191 sq. ft., needs rehab, most National Register of Historic Places use—office/storage recent use—storage, off-site use only Bldg. 18 Bldg. 42 Bldg. 0449A VA Northern Indiana Health Care System N. Indiana Health Care System Aberdeen Proving Grounds Marion Campus, 1700 East 38th Street Marion Co: Grant IN 46952– Aberdeen Co: Harford MD 21005– Marion Co: Grant IN 46953– Landholding Agency: VA Landholding Agency: Army Landholding Agency: VA Property Number: 97200310007 Property Number: 21200330112 Property Number: 97199810004 Status: Unutilized Status: Unutilized Status: Underutilized Comment: 5025 sq. ft., needs extensive Comment: 143 sq. ft., needs rehab, most Comment: 13,802 sq. ft., presence of asbestos, repairs, presence of asbestos, most recent recent use—substation switch bldg., off-site most recent use—psychiatric ward, use—office use only National Register of Historic Places Bldg. 60 Bldgs. 00458, 00464 Bldg. 25 N. Indiana Health Care System Aberdeen Proving Grounds VA Northern Indiana Health Care System Marion Co: Grant IN 46952– Aberdeen Co: Harford MD 21005– Marion Campus, 1700 East 38th Street Landholding Agency: VA Landholding Agency: Army Marion Co: Grant IN 46953– Property Number: 97200310008 Property Number: 21200330113 Landholding Agency: VA Status: Unutilized Status: Unutilized Property Number: 97199810005 Comment: 18,126 sq. ft., needs extensive Comment: 900/2647 sq. ft., needs rehab, most Status: Unutilized repairs, presence of asbestos, most recent recent use—storage, off-site use only Comment: 32,892 sq. ft., presence of asbestos, use—office Bldg. 0460 most recent use—psychiatric ward, Bldg. 122 Aberdeen Proving Grounds National Register of Historic Places N. Indiana Health Care System Aberdeen Co: Harford MD 21005–

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Landholding Agency: Army Landholding Agency: Army Aberdeen Co: Harford MD 21005– Property Number: 21200330114 Property Number: 21200330123 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200330132 Comment: 1800 sq. ft., needs rehab, most Comment: 440 sq. ft., needs rehab, most Status: Unutilized recent use—electrical EQ bldg., off-site use recent use—admin., off-site use only Comment: 325 sq. ft., need rehab, most recent only Bldg. 01170 use—oil storage, off-site use only Bldgs. 00506, 00509, 00605 Aberdeen Proving Grounds Bldg. 2456 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Landholding Agency: Army Aberdeen Co: Harford MD 21005– Landholding Agency: Army Property Number: 21200330124 Landholding Agency: Army Property Number: 21200330115 Status: Unutilized Property Number: 21200330133 Status: Unutilized Comment: 600 sq. ft., needs rehab, most Status: Unutilized Comment: 38,690/1137 sq. ft., needs rehab, recent use—lab test bldg., off-site use only Comment: 4720 sq. ft., needs rehab, presence most recent use—storage, off-site use only Bldg. 01171 of asbestos/lead paint, most recent use— Bldg. 00724 Aberdeen Proving Grounds admin., off-site use only Aberdeen Proving Ground Aberdeen Co: Harford MD 21005– Bldg. E3175 Aberdeen Co: Harford MD 21005– Landholding Agency: Army Aberdeen Proving Grounds Landholding Agency: Army Property Number: 21200330125 Aberdeen Co: Harford MD 21005– Property Number: 21200330116 Status: Unutilized Landholding Agency: Army Status: Unutilized Comment: 2412 sq. ft., needs rehab, most Property Number: 21200330134 Comment: off-site use only recent use—changing facility, off-site use Status: Unutilized Bldgs. 00728, 00784 only Comment: 1296 sq. ft., needs rehab, most Aberdeen Proving Ground Bldg. 01189 recent use—hazard bldg., off-site use only Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds 4 Bldgs Landholding Agency: Army Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Property Number: 21200330117 Landholding Agency: Army Aberdeen Co: Harford MD 21005– Status: Unutilized Property Number: 21200330126 Location: E3224, E3228, E3230, E3232, E3234 Comment: 2100/232 sq. ft., needs rehab, most Status: Unutilized Landholding Agency: Army recent use—storage, off-site use only Comment: 800 sq. ft., needs rehab, most Property Number: 21200330135 Bldg. 00914 recent use—range bldg., off-site use only Status: Unutilized Aberdeen Proving Grounds Bldg. E1413 Comment: sq. ft. varies, needs rehab, most Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds recent use—lab test bldgs., off-site use only Landholding Agency: Army Aberdeen Co: Harford MD 21005– Bldg. E3241 Property Number: 21200330118 Landholding Agency: Army Aberdeen Proving Grounds Status: Unutilized Property Number: 21200330127 Aberdeen Co: Harford MD 21005– Comment: needs rehab, most recent use— Status: Unutilized Landholding Agency: Army safety shelter, off-site use only Comment: needs rehab, most recent use— Property Number: 21200330136 Bldg. 00915 observation tower, off-site use only Status: Unutilized Aberdeen Proving Grounds Bldgs. E1418, E2148 Comment: 592 sq. ft., needs rehab, most Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds recent use—medical res bldg., off-site use Landholding Agency: Army Aberdeen Co: Harford MD 21005– only Property Number: 21200330119 Landholding Agency: Army Bldgs. E3265, E3266 Status: Unutilized Property Number: 21200330128 Aberdeen Proving Grounds Comment: 247 sq. ft., needs rehab, most Status: Unutilized Aberdeen Co: Harford MD 21005– recent use—storage, off-site use only Comment: 836/1092 sq. ft., needs rehab, most Landholding Agency: Army Bldg. 00931 recent use—storage, off-site use only Property Number: 21200330137 Aberdeen Proving Grounds Bldg. E1486 Status: Unutilized Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Comment: 5509/5397 sq. ft., needs rehab, Landholding Agency: Army Aberdeen Co: Harford MD 21005– most recent use—lab test bldg., off-site use Property Number: 21200330120 Landholding Agency: Army only Status: Unutilized Property Number: 21200330129 Bldgs. E3269, E3270 Comment: 1400 sq. ft., needs rehab, off-site Status: Unutilized Aberdeen Proving Grounds use only Comment: 388 sq. ft., needs rehab, most Aberdeen Co: Harford MD 21005– Bldg. 01050 recent use—ordnance facility, off-site use Landholding Agency: Army Aberdeen Proving Grounds only Property Number: 21200330138 Aberdeen Co: Harford MD 21005– Bldg. E2314 Status: Unutilized Landholding Agency: Army Aberdeen Proving Grounds Comment: 200/1200 sq. ft., needs rehab, most Property Number: 21200330121 Aberdeen Co: Harford MD 21005– recent use—flam. storage, off-site use only Status: Unutilized Landholding Agency: Army Bldg. E3300 Comment: 1050 sq. ft., needs rehab, most Property Number: 21200330130 Aberdeen Proving Grounds recent use—transmitter bldg., off-site use Status: Unutilized Aberdeen Co: Harford MD 21005– only Comment: 11,279 sq. ft., needs rehab, most Landholding Agency: Army Bldg. 1101A recent use—high explosive bldg., off-site Property Number: 21200330139 Aberdeen Proving Grounds use only Status: Unutilized Aberdeen Co: Harford MD 21005– Bldgs. 02350, 02357 Comment: 44,352 sq. ft., needs rehab, most Landholding Agency: Army Aberdeen Proving Grounds recent use—chemistry lab, off-site use only Property Number: 21200330122 Aberdeen Co: Harford MD 21005– Bldg. E3320 Status: Unutilized Landholding Agency: Army Aberdeen Proving Grounds Comment: 1800 sq. ft., needs rehab, most Property Number: 21200330131 Aberdeen Co: Harford MD 21005– recent use—ordnance bldg., off-site use Status: Unutilized Landholding Agency: Army only Comment: 163/920 sq. ft., needs rehab, most Property Number: 21200330140 Bldg. 01169 recent use—storage, off-site use only Status: Unutilized Aberdeen Proving Grounds Bldg. E2350A Comment: 50,750 sq. ft., needs rehab, most Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds recent use—admin., off-site use only

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Bldg. E3322 Aberdeen Proving Grounds Bldg. 05446 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Landholding Agency: Army Aberdeen Co: Harford MD 21005– Landholding Agency: Army Property Number: 21200330150 Landholding Agency: Army Property Number: 21200330141 Status: Unutilized Property Number: 21200330159 Status: Unutilized Comment: sq. ft. varies needs rehab, most Status: Unutilized Comment: 5906 sq. ft., needs rehab, most recent use—admin., off-site use only Comment: 1991 sq. ft., needs rehab, most recent use—storage, off-site use only Bldg. E4420 recent use—admin., off-site use only Bldg. E3326 Aberdeen Proving Grounds Bldg. 05447 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Landholding Agency: Army Aberdeen Co: Harford MD 21005– Landholding Agency: Army Property Number: 21200330151 Landholding Agency: Army Property Number: 21200330142 Status: Unutilized Property Number: 21200330160 Status: Unutilized Comment: 14,997 sq. ft., needs rehab, most Status: Unutilized Comment: 2184 sq. ft., needs rehab, most recent use—police bldg., off-site use only Comment: 2464 sq. ft., needs rehab, most recent use—admin., off-site use only Bldg. E4733 recent use—storage, off-site use only 5 Bldgs. Aberdeen Proving Grounds Bldgs. 05448, 05449 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Landholding Agency: Army Aberdeen Co: Harford MD 21005– Location: E3329, E3334, E3344, E3350, E3370 Property Number: 21200330152 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21200330161 Property Number: 21200330143 Comment: 2252 sq. ft., needs rehab, most Status: Unutilized Status: Unutilized recent use—flammable storage, off-site use Comment: 6431 sq. ft., needs rehab, most Comment: sq. ft. varies, needs rehab, most only recent use—enlisted UHP, off-site use only recent use—lab test bldgs., off-site use only Bldg. E4734 Bldg. 05450 Bldg. E3335 Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330153 Property Number: 21200330162 Property Number: 21200330144 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 1114 sq. ft., needs rehab, most Comment: 2730 sq. ft., needs rehab, most Comment: 400 sq. ft., needs rehab, most recent use—private club, off-site use only recent use—admin., off-site use only recent use—storage, off-site use only 4 Bldgs. Bldgs. 05451, 05455 Bldgs. E3360, E3362, E3464 Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Location: E5005, E5049, E5050, E5051 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330145 Property Number: 21200330163 Property Number: 21200330154 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 3588/236 sq. ft., needs rehab, most Comment: 2730/6431 sq. ft., needs rehab, Comment: sq. ft. varies, needs rehab, most most recent use—storage, off-site use only recent use—storage, off-site use only recent use—storage, off-site use only Bldg. 05453 Bldg. E3514 Bldg. E5068 Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330164 Property Number: 21200330146 Property Number: 21200330155 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 6431 sq. ft., needs rehab, most Comment: 4416 sq. ft., needs rehab, most Comment: 1200 sq. ft., needs rehab, most recent use—admin., off-site use only recent use—admin., off-site use only recent use—fire station, off-site use only Bldgs. 05456, 05459, 05460 Bldgs. E3517, E3525 4 Bldgs. Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005 Aberdeen Co: Harford MD 21005– Landholding Agency: Army Landholding Agency: Army Location: E5107, E5181, E5182, E5269 Property Number: 21200330165 Property Number: 21200330147 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200330156 Comment: 1001/2175 sq. ft., needs rehab, Status: Unutilized Comment: 6431 sq. ft., needs rehab, most most recent use—nonmet matl facility, off- Comment: sq. ft. varies, needs rehab, most recent use—enlisted bldg., off-site use only site use only recent use—storage, off-site use only Bldgs. 05457, 05458 Bldg. E3542 Bldgs. E5329, E5374 Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200330166 Property Number: 21200330148 Property Number: 21200330157 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 2730 sq. ft., needs rehab, most Comment: 1146 sq. ft., needs rehab, most Comment: 1001/308 sq. ft., needs rehab, most recent use—admin., off-site use only recent use—lab test bldg., off-site use only recent use—fuel POL bldg., off-site use Bldg. E5609 Bldgs. 03554, 03556 only Aberdeen Proving Grounds Aberdeen Proving Grounds Bldgs. E5425, 05426 Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Landholding Agency: Army Landholding Agency: Army Aberdeen Co: Harford MD 21005– Property Number: 21200330167 Property Number: 21200330149 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200330158 Comment: 2053 sq. ft., needs rehab, most Comment: 18,000/9,000 sq. ft., needs rehab, Status: Unutilized recent use—storage, off-site use only most recent use—storage, off-site use only Comment: 1363/3888 sq. ft., needs rehab, Bldg. E5611 Bldgs. E3863, E3864, E4415 most recent use—storage, off-site use only Aberdeen Proving Grounds

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Aberdeen Co: Harford MD 21005– Bldgs. E5952, E5953 Status: Unutilized Landholding Agency: Army Aberdeen Proving Grounds Comment: 16,170 sq. ft., presence of Property Number: 21200330168 Aberdeen Co: Harford MD 21005– asbestos/lead paint, most recent use— Status: Unutilized Landholding Agency: Army storage, off-site use only Comment: 11,242 sq. ft., needs rehab, most Property Number: 21200330177 Yellow Office Bldg. recent use—hazard bldg., off-site use only Status: Unutilized Greenville Casting Plant Bldg. E5634 Comment: 100/24 sq. ft., needs rehab, most Greenville Co: Washington MS 38701– Aberdeen Proving Grounds recent use—compressed air bldg., off-site Landholding Agency: COE Aberdeen Co: Harford MD 21005– use only Property Number: 31200220013 Landholding Agency: Army Bldgs. E7401, E7402 Status: Unutilized Property Number: 21200330169 Aberdeen Proving Grounds Comment: 1820 sq. ft., presence of asbestos/ Status: Unutilized Aberdeen Co: Harford MD 21005– lead paint, most recent use—office, off-site Comment: 200 sq. ft., needs rehab, most Landholding Agency: Army use only recent use—flammable storage, off-site use Property Number: 21200330178 Storage Bldg. only Status: Unutilized Greenville Casting Plant Bldgs. E5648, E5697 Comment: 256/440 sq. ft., needs rehab, most Greenville Co: Washington MS 38701– Aberdeen Proving Grounds recent use—storage, off-site use only Landholding Agency: COE Aberdeen Co: Harford MD 21005– Bldg. E7407, E7408 Property Number: 31200220014 Landholding Agency: Army Aberdeen Proving Grounds Status: Unutilized Property Number: 21200330170 Aberdeen Co: Harford MD 21005– Comment: 1820 sq. ft., presence of asbestos/ Status: Unutilized Landholding Agency: Army lead paint, most recent use—office, off-site Comment: 6802/2595 sq. ft., needs rehab, Property Number: 21200330179 use only most recent use—lab test bldg., off-site use Status: Unutilized Container Bldg. only Comment: 1078/762 sq. ft., needs rehab, most Greenville Casting Plant Bldg. E5654 recent use—decon facility, off-site use only Greenville Co: Washington MS 38701– Landholding Agency: COE Aberdeen Proving Grounds Bldg. E7500 Property Number: 31200220015 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Status: Unutilized Landholding Agency: Army Aberdeen Co: Harford MD 21005– Comment: 270 sq. ft. presence, of lead paint, Property Number: 21200330171 Landholding Agency: Army most recent use—storage, off-site use only Status: Unutilized Property Number: 21200330180 Comment: 21,532 sq. ft., needs rehab, most Status: Unutilized Montana recent use—storage, off-site use only Comment: 256 sq. ft., needs rehab, most Bldg. 1 Bldg. E5779 recent use—changing bldg., off-site use Butte Natl Guard Aberdeen Proving Grounds only Butte Co: Silverbow MT 59701– Aberdeen Co: Harford MD 21005– Bldgs. E7501, E7502 Landholding Agency: COE Landholding Agency: Army Aberdeen Proving Grounds Property Number: 31200040010 Property Number: 21200330172 Aberdeen Co: Harford MD 21005– Status: Unutilized Status: Unutilized Landholding Agency: Army Comment: 22799 sq. ft., presence of asbestos, Comment: 174 sq. ft., needs rehab, most Property Number: 21200330181 most recent use—cold storage, off-site use recent use—wash rack bldg., off-site use Status: Unutilized only only Comment: 256/77 sq. ft., needs rehab, most Bldg. 2 Bldgs. E5782, E5880 recent use—storage, off-site use only Butte Natl Guard Aberdeen Proving Grounds Bldg. E7931 Butte Co: Silverbow MT 59701– Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Landholding Agency: COE Landholding Agency: Army Aberdeen Co: Harford MD 21005– Property Number: 31200040011 Property Number: 21200330173 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21200330182 Comment: 3292 sq. ft., most recent use—cold Comment: 510/1528 sq. ft., needs rehab, most Status: Unutilized storage, off-site use only recent use—flammable storage, off-site use Comment: needs rehab, most recent use— Bldg. 3 only sewer treatment, off-site use only Butte Natl Guard Bldg. E5854 Mississippi Butte Co: Silverbow MT 59701– Aberdeen Proving Grounds Landholding Agency: COE Aberdeen Co: Harford MD 21005– Quonset Bldg. Property Number: 31200040012 Landholding Agency: Army Greenville Casting Plant Status: Unutilized Property Number: 21200330174 Greenville Co: Washington MS 38701– Comment: 964 sq. ft., most recent use—cold Status: Unutilized Landholding Agency: COE storage, off-site use only Property Number: 31200220010 Comment: 5166 sq. ft., needs rehab, most Bldg. 4 Status: Unutilized recent use—eng/MTN bldg., off-site use Butte Natl Guard Comment: 26,250 sq. ft., presence of only Butte Co: Silverbow MT 59701– asbestos/lead paint, most recent use— Bldgs. E5870, E5890 Landholding Agency: COE storage/office, off-site use only Aberdeen Proving Grounds Property Number: 31200040013 Aberdeen Co: Harford MD 21005– Storage Bldg. #1 Status: Unutilized Landholding Agency: Army Greenville Casting Plant Comment: 72 sq. ft., most recent use—cold Property Number: 21200330175 Greenville Co: Washington MS 38701– storage, off-site use only Status: Unutilized Landholding Agency: COE Bldg. 5 Comment: 1192/11,279 sq. ft., needs rehab, Property Number: 31200220011 Butte Natl Guard most recent use—storage, off-site use only Status: Unutilized Butte Co: Silverbow MT 59701– Bldg. E5942 Comment: 32,502 sq. ft., presence of Landholding Agency: COE Aberdeen Proving Grounds asbestos/lead paint, most recent use— Property Number: 31200040014 Aberdeen Co: Harford MD 21005– storage, off-site use only Status: Unutilized Landholding Agency: Army Storage Bldg. #2 Comment: 1286 sq. ft., most recent use—cold Property Number: 21200330176 Greenville Casting Plant storage, off-site use only Status: Unutilized Greenville Co: Washington MS 38701– Comment: 2147 sq. ft., needs rehab, most Landholding Agency: COE Nevada recent use—igloo storage, off-site use only Property Number: 31200220012 Young Fed Bldg/Courthouse

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300 Booth Street Status: Unutilized Confluence Co: Fayette PA 15424–9103 Reno Co: NV 89502– Comment: 421 sq. ft., 2-story brick w/ Landholding Agency: COE Landholding Agency: GSA basement, most recent use—residential Property Number: 31199830003 Property Number: 54200330006 Dwelling Status: Excess Status: Surplus Lock & Dam 4, Allegheny River Comment: 1421 sq. ft., 2-story + basement, Comment: 133,439 sq. ft. (85,637 sq. ft. Natrona Co: Allegheny PA 15065–2609 most recent use—residential available), presence of asbestos/lead paint Landholding Agency: COE Bldg. 3, VAMC GSA Number: 9–G–NV–529 Property Number: 31199710009 1700 South Lincoln Avenue New York Status: Unutilized Lebanon Co: Lebanon PA 17042– Comment: 1664 sq. ft., 2-story brick Landholding Agency: VA Maint/Office Building residence, needs repair, off-site use only Upper Lisle Road Property Number: 97199230012 Dwelling #1 Whitney Point Co: Broome NY 23862– Status: Underutilized Crooked Creek Lake Landholding Agency: COE Comment: portion of bldg. (4046 sq. ft.), most Ford City Co: Armstrong PA 16226–8815 Property Number: 31200330005 recent use—storage, second floor—lacks Landholding Agency: COE Status: Unutilized elevator access Property Number: 31199740002 Comment: 3820 sq. ft., & 2160 sq. ft., steel South Dakota Status: Excess frame, off-site use only Comment: 2030 sq. ft., most recent use— Residence North Dakota residential, good condition, off-site use Tract 514 Ft. Pierre Co: Stanley SD Office Bldg. only Dwelling #2 Landholding Agency: COE Lake Oahe Project Property Number: 31200240006 3rd & Main Crooked Creek Lake Ford City Co: Armstrong PA 16226–8815 Status: Excess Ft. Yates Co: Sioux ND 58538– Comment: 1426 sq. ft., off-site use only Landholding Agency: COE Landholding Agency: COE Residence Property Number: 31200020001 Property Number: 31199740003 Tract 516 Status: Unutilized Status: Excess Ft. Pierre Co: Stanley SD Comment: 1200 sq. ft., 2-story wood, off-site Comment: 3045 sq. ft., most recent use— Landholding Agency: COE use only residential, good condition, off-site use only Property Number: 31200240007 Ohio Govt Dwelling Status: Excess Barker Historic House East Branch Lake Comment: 2264 sq. ft., off-site use only Willow Island Locks and Dam Wilcox Co: Elk PA 15870–9709 Residence/Tract 120 Newport Co: Washington OH 45768–9801 Landholding Agency: COE Pierre Co: SD 57532– Location: Located at lock site, downstream of Property Number: 31199740005 Landholding Agency: COE lock and dam structure Status: Underutilized Property Number: 31200330007 Landholding Agency: COE Comment: approx. 5299 sq. ft., 1-story, most Status: Excess Property Number: 31199120018 recent use—residence, off-site use only Comment: 1104 sq. ft., off-site use only Status: Unutilized Dwelling #1 Residence/Tract 143 Comment: 1600 sq. ft. bldg. with 1⁄2 acre of Loyalhanna Lake Pierre Co: SD 57532– land, 2 story brick frame, needs rehab, on Saltsburg Co: Westmoreland PA 15681–9302 Landholding Agency: COE Natl Register of Historic Places, no utilities, Landholding Agency: COE Property Number: 31200330008 off-site use only Property Number: 31199740006 Status: Excess Residence Status: Excess Comment: 960 sq. ft., off-site use only 506 Reservoir Rd. Comment: 1996 sq. ft., most recent use— Residence/Tract 157 Paint Creek Lake residential, good condition, off-site use Pierre Co: SD 57532– Bainbridge Co: Highland OH 45612– only Landholding Agency: COE Landholding Agency: COE Dwelling #2 Property Number: 31200330009 Property Number: 31200210008 Loyalhanna Lake Status: Excess Status: Unutilized Saltsburg Co: Westmoreland PA 15681–9302 Comment: 988 sq. ft., off-site use only Comment: 1200 sq. ft., needs repair, off-site Landholding Agency: COE Residence/Tract 300 use only Property Number: 31199740007 Pierre Co: SD 57532– Status: Excess Pennsylvania Landholding Agency: COE Comment: 1996 sq. ft., most recent use— Property Number: 31200330010 Mahoning Creek Reservoir residential, good condition, off-site use Status: Excess New Bethlehem Co: Armstrong PA 16242– only Comment: 960 sq. ft., off-site use only Landholding Agency: COE Dwelling #1 Residence/Tract 413 Property Number: 31199210008 Woodcock Creek Lake Status: Unutilized Pierre Co: SD 57532– Saegertown Co: Crawford PA 16433–0629 Landholding Agency: COE Comment: 1015 sq. ft., 2 story brick Landholding Agency: COE residence, off-site use only Property Number: 31200330011 Property Number: 31199740008 Status: Excess Status: Excess Dwelling Comment: 960 sq. ft., off-site use only Lock & Dam 6, Allegheny River, 1260 River Comment: 2106 sq. ft., most recent use— Rd. residential, good condition, off-site use Residence/Tract 420 Freeport Co: Armstrong PA 16229–2023 only Pierre Co: SD 57532– Landholding Agency: COE Landholding Agency: COE Dwelling #2 Property Number: 31200330012 Property Number: 31199620008 Lock & Dam 6, 1260 River Road Status: Excess Status: Unutilized Freeport Co: Armstrong PA 16229–2023 Comment: 1680 sq. ft., off-site use only Comment: 2652 sq. ft., 3-story brick house, in Landholding Agency: COE close proximity to Lock and Dam, available Property Number: 31199740009 Texas for interim use for nonresidential purposes Status: Excess Bldgs. P6220, P6222 Govt. Dwelling Comment: 2652 sq. ft., most recent use— Fort Sam Houston Youghiogheny River Lake residential, good condition, off-site use Camp Bullis Confluence Co: Fayette PA 15424–9103 only San Antonio Co: Bexar TX– Landholding Agency: COE Dwelling #2 Landholding Agency: Army Property Number: 31199640002 Youghiogheny River Lake Property Number: 21200330197

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Status: Unutilized Appleton Co: Outagamie WI 54911– Landholding Agency: COE Comment: 384 sq. ft., most recent use— Landholding Agency: COE Property Number: 31199010072 carport/storage, off-site use only Property Number: 31199011531 Status: Unutilized Bldgs. P6224, P6226 Status: Unutilized Comment: 198.5 acres Fort Sam Houston Comment: 1300 sq. ft.; potential utilities; 2 Parcel 03 Camp Bullis story wood frame residence; needs rehab; DeGray Lake San Antonio Co: Bexar TX secured area with alternate access Section 18 Landholding Agency: Army Former Lockmaster’s Dwelling Arkadelphia Co: Clark AR 71923–9361 Property Number: 21200330198 Rapid Croche Lock Landholding Agency: COE Status: Unutilized Lock Road Property Number: 31199010073 Comment: 384 sq. ft., most recent use— Wrightstown Co: Outagamie WI 54180– Status: Unutilized carport/storage, off-site use only Location: 3 miles southwest of intersection Comment: 50.46 acres Utah State Highway 96 and Canal Road Parcel 04 Landholding Agency: COE DeGray Lake Federal Center Warehouse Property Number: 31199011533 Section 24, 25, 30 and 31 Clearfield Federal Depot Status: Unutilized Arkadelphia Co: Clark AR 71923–9361 Clearfield Co: UT 84016– Comment: 1952 sq. ft.; 2 story wood frame Landholding Agency: COE Landholding Agency: GSA residence; potential utilities; needs rehab Property Number: 31199010074 Property Number: 54200330008 Former Lockmaster’s Dwelling Status: Unutilized Status: Excess Little KauKauna Lock Comment: 236.37 acres Comment: 118,320 sq. ft., roof replacement Little KauKauna necessary, presence of asbestos, most Parcel 05 recent use—storage Lawrence Co: Brown WI 54130– DeGray Lake GSA Number : 7–G–UT–414–2 Location: 2 miles southeasterly from Section 16 intersection of Lost Dauphin Road (County Arkadelphia Co: Clark AR 71923–9361 Virginia Trunk Highway ‘‘D’’) and River Street Landholding Agency: COE Bldg. T–707 Landholding Agency: COE Property Number: 31199010075 Fort Eustis Property Number: 31199011535 Status: Unutilized Ft. Eustis Co: VA 23604– Status: Unutilized Comment: 187.30 acres Landholding Agency: Army Comment: 1224 sq. ft.; 2 story brick/wood Parcel 06 Property Number: 21200330199 frame residence; needs rehab DeGray Lake Status: Unutilized Former Lockmaster’s Dwelling Section 13 Comment: 3763 sq. ft., most recent use— Little Chute, 2nd Lock Arkadelphia Co: Clark AR 71923–9361 chapel, off-site use only 214 Mill Street Landholding Agency: COE Metal Bldg. Little Chute Co: Outagamie WI 54140– Property Number: 31199010076 John H. Kerr Dam & Reservoir Landholding Agency: COE Status: Unutilized Co: Boydton VA Property Number: 31199011536 Comment: 13.0 acres Landholding Agency: COE Status: Unutilized Parcel 07 Property Number: 31199620009 Comment: 1224 sq. ft.; 2 story brick/wood DeGray Lake Status: Excess frame residence; potential utilities; needs Section 34 Comment: 800 sq. ft., most recent use— rehab; secured area with alternate access Arkadelphia Co: Hot Spring AR 71923–9361 storage, off-site use only Bldg. 8 Landholding Agency: COE Wisconsin VA Medical Center Property Number: 31199010077 County Highway E Former Lockmaster’s Dwelling Status: Unutilized Tomah Co: Monroe WI 54660– Cedar Locks Comment: 0.27 acres Landholding Agency: VA 4527 East Wisconsin Road Parcel 08 Property Number: 97199010056 Appleton Co: Outagamie WI 54911– DeGray Lake Status: Underutilized Landholding Agency: COE Section 13 Comment: 2200 sq. ft., 2 story wood frame, Property Number: 31199011524 Arkadelphia Co: Clark AR 71923–9361 possible asbestos, potential utilities, Status: Unutilized Landholding Agency: COE structural deficiencies, needs rehab Comment: 1224 sq. ft.; 2 story brick/wood Property Number: 31199010078 frame residence; needs rehab; secured area Land (by State) Status: Unutilized Comment: 14.6 acres with alternate access. Alabama Former Lockmaster’s Dwelling Parcel 09 VA Medical Center Appleton 4th Lock DeGray Lake VAMC 905 South Lowe Street Section 12 Tuskegee Co: Macon AL 36083– Appleton Co: Outagamie WI 54911– Arkadelphia Co: Hot Spring AR 71923–9361 Landholding Agency: VA Landholding Agency: COE Landholding Agency: COE Property Number: 97199010053 Property Number: 31199011525 Property Number: 31199010079 Status: Underutilized Status: Unutilized Status: Unutilized Comment: 40 acres, buffer to VA Medical Comment: 908 sq. ft.; 2 story wood frame Comment: 6.60 acres Center, potential utilities, undeveloped residence; needs rehab Parcel 10 Former Lockmaster’s Dwelling Arkansas DeGray Lake Kaukauna 1st Lock Parcel 01 Section 12 301 Canal Street DeGray Lake Arkadelphia Co: Hot Spring AR 71923–9361 Kaukauna Co: Outagamie WI 54131– Section 12 Landholding Agency: COE Landholding Agency: COE Arkadelphia Co: Clark AR 71923–9361 Property Number: 31199010080 Property Number: 31199011527 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 31199010071 Comment: 4.5 acres Comment: 1290 sq. ft.; 2 story wood frame Status: Unutilized Parcel 11 residence; needs rehab; secured area with Comment: 77.6 acres DeGray Lake alternate access Parcel 02 Section 19 Former Lockmaster’s Dwelling DeGray Lake Arkadelphia Co: Hot Spring AR 71923–9361 Appleton 1st Lock Section 13 Landholding Agency: COE 905 South Oneida Street Arkadelphia Co: Clark AR 71923–9361 Property Number: 31199010081

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Status: Unutilized Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Comment: 19.50 acres Cadiz Co: Trigg KY 42211– Property Number: 31199010042 Lake Greeson Location: 41⁄2 miles in a southeasterly Status: Excess Section 7, 8 and 18 direction from the village of Rockcastle Comment: 5.80 acres; steep and wooded Murfreesboro Co: Pike AR 7195COE Landholding Agency: COE Tract 1906 Property Number: 31199010083 Property Number: 31199010028 Barkley Lake, Kentucky and Tennessee Status: Unutilized Status: Excess Eddyville Co: Lyon KY 42030– Comment: 46 acres Comment: 5.44 acres; steep and wooded Location: Approximately 4 miles east of Tract 2915 Eddyville, KY California Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Land Cadiz Co: Trigg KY 42211– Property Number: 31199010044 4150 Clement Street Location: 61⁄2 miles west of Cadiz Status: Excess San Francisco Co: San Francisco CA 94121– Landholding Agency: COE Comment: 25.86 acres; rolling steep and Landholding Agency: VA Property Number: 31199010029 partially wooded; no utilities Property Number: 9719924000 Status: Excess Tract 1907 Comment: 4 acres; landslide area Comment: 5.76 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Iowa utilities Eddyville Co: Lyon KY 42038 Tract 2702 Location: On the waters of Pilfen Creek, 4 Former Army Natl Guard Barkley Lake, Kentucky and Tennessee miles east of Eddyville, KY Waverly Co: Bremer IA 50677– Cadiz Co: Trigg KY 42211– Landholding Agency: COE Landholding Agency: GSA Location: 1 mile in a southerly direction from Property Number: 31199010045 Property Number: 54200330004 the village of Rockcastle Status: Excess Status: Surplus Landholding Agency: COE Comment: 8.71 acres; rolling steep and Comment: 4.13 acres with 1.88 acres of Property Number: 31199010031 wooded; no utilities easements Status: Excess GSA Number : 7–D–IA–0463C Tract 2001 #1 Comment: 4.90 acres; wooded; no utilities Barkley Lake, Kentucky and Tennessee 40.66 acres Tract 4318 Eddyville Co: Lyon KY 42030– VA Medical Center Barkley Lake, Kentucky and Tennessee Location: Approximately 41⁄2 miles east of 1515 West Pleasant St. Canton Co: Trigg KY 42212– Eddyville, KY Knoxville Co: Marion IA 50138– Location: Trigg Co. adjoining the city of Landholding Agency: COE Landholding Agency: VA Canton, KY, on the waters of Hopson Creek Property Number: 31199010046 Property Number: 97199740002 Landholding Agency: COE Status: Excess Status: Unutilized Property Number: 31199010032 Comment: 47.42 acres; steep and wooded; no Comment: golf course, easement Status: Excess utilities requirements Comment: 8.24 acres; steep and wooded Tract 2001 #2 Kansas Tract 4502 Barkley Lake, Kentucky and Tennessee Parcel 1 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030– El Dorado Lake Canton Co: Trigg KY 42212– Location: Approximately 41⁄2 miles east of Section 13, 24, and 18 Location: 31⁄2 miles in a southerly direction Eddyville, KY (See County) Co: Butler KS from Canton, KY Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31199010047 Property Number: 31199010064 Property Number: 31199010033 Status: Excess Status: Unutilized Status: Excess Comment: 8.64 acres; steep and wooded; no Comment: 61 acres; most recent use— Comment: 4.26 acres; steep and wooded utilities recreation Tract 4611 Tract 2005 Kentucky Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212– Eddyville Co: Lyon KY 42030– Tract 2625 Location: 5 miles south of Canton, KY Location: Approximately 51⁄2 miles east of Barkley Lake, Kentucky, and Tennessee Landholding Agency: COE Eddyville, KY Cadiz Co: Trigg KY 42211– Property Number: 31199010034 Landholding Agency: COE Location: Adjoining the village of Rockcastle. Status: Excess Property Number: 31199010048 Landholding Agency: COE Comment: 10.51 acres; steep and wooded; no Status: Excess Property Number: 31199010025 utilities Comment: 4.62 acres; steep and wooded; no Status: Excess Tract 4619 utilities Comment: 2.57 acres; rolling and wooded Barkley Lake, Kentucky and Tennessee Tract 2307 Tract 2709–10 and 2710–2 Canton Co: Trigg KY 42212– Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Location: 41⁄2 miles south from Canton, KY Eddyville Co: Lyon KY 42030– Cadiz Co: Trigg KY 42211– Landholding Agency: COE Location: Approximately 71⁄2 miles Location: 21⁄2 miles in a southerly direction Property Number: 31199010035 southeasterly of Eddyville, KY from the village of Rockcastle. Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 2.02 acres; steep and wooded; no Property Number: 31199010049 Property Number: 31199010026 utilities Status: Excess Status: Excess Tract 4817 Comment: 11.43 acres; steep; rolling and Comment: 2.00 acres; steep and wooded Barkley Lake, Kentucky and Tennessee wooded; no utilities Tract 2708–1 and 2709–1 Canton Co: Trigg KY 42212– Tract 2403 Barkley Lake, Kentucky and Tennessee Location: 61⁄2 miles south of Canton, KY Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211– Landholding Agency: COE Eddyville Co: Lyon KY 42030– Location: 21⁄2 miles in a southerly direction Property Number: 31199010036 Location: 7 miles southeasterly of Eddyville, from the village of Rockcastle Status: Excess KY Landholding Agency: COE Comment: 1.75 acres; wooded Landholding Agency: COE Property Number: 31199010027 Tract 1217 Property Number: 31199010050 Status: Excess Barkley Lake, Kentucky and Tennessee Status: Excess Comment: 3.59 acres; rolling and wooded; no Eddyville Co: Lyon KY 42030– Comment: 1.56 acres; steep and wooded; no utilities Location: On the north side of the Illinois utilities Tract 2800 Central Railroad Tract 2504

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Barkley Lake, Kentucky and Tennessee Comment: 2.26 acres; steep and wooded; no Status: Underutilized Eddyville Co: Lyon KY 42030– utilities Comment: 91 acres, most recent use— Location: 9 miles southeasterly of Eddyville, Tract 4628 hunting, subject to existing easements KY Barkley Lake, Kentucky and Tennessee Portion of Lock & Dam No. 1 Landholding Agency: COE Canton Co: Trigg KY 42212– Kentucky River Property Number: 31199010051 Location: 41⁄2 miles south from Canton, KY Carrolton Co: Carroll KY 41008–0305 Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 24.46 acres; steep and wooded; no Property Number: 31199011621 Property Number: 31199320003 utilities Status: Excess Status: Unutilized Tract 214 Comment: 3.71 acres; steep and wooded; Comment: approx. 3.5 acres (sloping), access Barkley Lake, Kentucky and Tennessee subject to utility easements monitored Grand Rivers Co: Lyon KY 42045– Tract 4619–B Tract No. F–610 Location: South of the Illinois Central Barkley Lake, Kentucky and Tennessee Buckhorn Lake Project Railroad, 1 mile east of the Cumberland Canton Co: Trigg KY 42212– Buckhorn Co: KY 41721– River. Location: 41⁄2 miles south from Canton, KY. Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31200240001 Property Number: 31199010052 Property Number: 31199011622 Status: Unutilized Status: Excess Status: Excess Comment: 0.64 acres, encroachments, most Comment: 5.5 acres; wooded; no utilities Comment: 1.73 acres; steep and wooded; recent use—flood control purposes subject to utility easements Tract 215 Louisiana Barkley Lake, Kentucky and Tennessee Tract 2403–B Grand Rivers Co: Lyon KY 42045– Barkley Lake, Kentucky and Tennessee Wallace Lake Dam and Reservoir Location: 5 miles southwest of Kuttawa Eddyville Co: Lyon KY 42038– Shreveport Co: Caddo LA 71103– Landholding Agency: COE Location: 7 miles southeasterly from Landholding Agency: COE Property Number: 31199010053 Eddyville, KY Property Number: 31199011009 Status: Excess Landholding Agency: COE Status: Unutilized Comment: 1.40 acres; wooded; no utilities Property Number: 31199011623 Comment: 10.81 acres; wildlife/forestry; no utilities Tract 241 Status: Unutilized Barkley Lake, Kentucky and Tennessee Comment: 0.70 acres, wooded; subject to Bayou Bodcau Dam and Reservoir Grand Rivers Co: Lyon KY 42045– utility easements Haughton Co: Caddo LA 71037–9707 Location: Old Henson Ferry Road, 6 miles Tract 241–B Location: 35 miles Northeast of Shreveport, west of Kuttawa, KY Barkley Lake, Kentucky and Tennessee La. Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE Property Number: 31199010054 Location: South of Old Henson Ferry Road, Property Number: 31199011010 Status: Excess 6 miles west of Kuttawa, KY Status: Unutilized Comment: 1.26 acres; steep and wooded; no Landholding Agency: COE Comment: 203 acres; wildlife/forestry; no utilities Property Number: 31199011624 utilities Tracts 306, 311, 315 and 325 Status: Excess Maryland Barkley Lake, Kentucky and Tennessee Comment: 11.16 acres; steep and wooded; subject to utility easements VA Medical Center 9600 North Point Road Grand Rivers Co: Lyon KY 42045– Fort Howard Co: Baltimore MD 21052– Location: 2.5 miles southwest of Kuttawa, KY Tracts 212 and 237 Landholding Agency: VA on the waters of Cypress Creek Barkley Lake, Kentucky and Tennessee Property Number: 97199010020 Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Status: Underutilized Property Number: 31199010055 Location: Old Henson Ferry Road, 6 miles Comment: Approx. 10 acres, wetland and Status: Excess west of Kuttawa, KY periodically floods, most recent use— Comment: 38.77 acres; steep and wooded; no Landholding Agency: COE dump site for leaves utilities Property Number: 31199011625 Tracts 2305, 2306, and 2400–1 Status: Excess Mississippi Barkley Lake, Kentucky and Tennessee Comment: 2.44 acres; steep and wooded; Parcel 7 Eddyville Co: Lyon KY 42030– subject to utility easements Grenada Lake Location: 61⁄2 miles southeasterly of Tract 215–B Sections 22, 23, T24N Eddyville, KY Barkley Lake, Kentucky and Tennessee Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE Property Number: 31199010056 Location: 5 miles southwest of Kuttawa Property Number: 31199011019 Status: Excess Landholding Agency: COE Status: Underutilized Comment: 97.66 acres; steep rolling and Property Number: 31199011626 Comment: 100 acres; no utilities; wooded; no utilities Status: Excess intermittently used under lease—expires Tracts 5203 and 5204 Comment: 1.00 acres; wooded; subject to 1994 Barkley Lake, Kentucky and Tennessee utility easements Parcel 8 Linton Co: Trigg KY 42212– Tract 233 Grenada Lake Location: Village of Linton, KY state highway Barkley Lake, Kentucky and Tennessee Section 20, T24N 1254. Grand Rivers Co: Lyon KY 42045– Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Location: 5 miles southwest of Kuttawa Landholding Agency: COE Property Number: 31199010058 Landholding Agency: COE Property Number: 31199011020 Status: Excess Property Number: 31199011627 Status: Underutilized Comment: 0.93 acres; rolling, partially Status: Excess Comment: 30 acres; no utilities; wooded; no utilities Comment: 1.00 acres; wooded; subject to intermittently used under lease—expires Tract 5240 utility easements 1994 Barkley Lake, Kentucky and Tennessee Tract N–819 Parcel 9 Linton Co: Trigg KY 42212– Dale Hollow Lake & Dam Project Grenada Lake Location: 1 mile northwest of Linton, KY Illwill Creek, Hwy 90 Section 20, T24N, R7E Landholding Agency: COE Hobart Co: Clinton KY 42601– Grenada Co: Yalobusha MS 38901–0903 Property Number: 31199010059 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 31199140009 Property Number: 31199011021

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Status: Underutilized Landholding Agency: COE Location: Triangular shaped parcel southwest Comment: 23 acres; no utilities; Property Number: 31199011029 of access road ‘‘B’’, part of Bledsoe Ferry intermittently used under lease—expires Status: Underutilized Park Tract 150. 1994 Comment: 30 acres; no utilities; most recent Landholding Agency: COE Parcel 10 use—wildlife and forestry management Property Number: 31199030014 Grenada Lake Parcel 13 Status: Underutilized Comment: 1.7 acres; potential utilities Sections 16, 17, 18 T24N R8E Grenada Lake Grenada Co: Calhoun MS 38901–0903 Section 34, T24N, R7E Oklahoma Landholding Agency: COE Grenada Co: Yalobusha MS 38903–0903 Pine Creek Lake Property Number: 31199011022 Landholding Agency: COE Section 27 Status: Underutilized Property Number: 31199011030 (See County) Co: McCurtain OK Comment: 490 acres; no utilities; Status: Underutilized Landholding Agency: COE intermittently used under lease—expires Comment: 35 acres; no utilities; most recent Property Number: 31199010923 1994 use—wildlife and forestry management; Status: Unutilized Parcel 2 (11 acres/agriculture lease) Comment: 3 acres; no utilities; subject to Grenada Lake Parcel 14 right of way for Oklahoma State Highway 3 Section 20 and T23N, R5E Grenada Lake Grenada Co: Grenada MS 38901–0903 Section 3, T23N, R6E Pennsylvania Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 Property Number: 31199011023 Mahoning Creek Lake Landholding Agency: COE New Bethlehem Co: Armstrong PA 16242– Status: Underutilized Property Number: 31199011031 Comment: 60 acres; no utilities; most recent 9603 Status: Underutilized use—wildlife and forestry management Location:Route 28 north to Belknap, Road #4 Comment: 15 acres; no utilities; most recent Landholding Agency: COE Parcel 3 use—wildlife and forestry management Property Number: 31199010018 Grenada Lake Parcel 15 Status: Excess Section 4, T23N, R5E Grenada Lake Comment: 2.58 acres; steep and densely Grenada Co: Yalobusha MS 38901–0903 wooded Landholding Agency: COE Section 4, T24N, R6E Tracts 610, 611, 612 Property Number: 31199011024 Grenada Co: Yalobusha MS 38901–0903 Shenango River Lake Status: Underutilized Landholding Agency: COE Sharpsville Co: Mercer PA 16150– Comment: 120 acres; no utilities; most recent Property Number: 31199011032 Status: Underutilized Location: I–79 North, I–80 West, Exit Sharon, use—wildlife and forestry management; R18 North 4 miles, left on R518, right on (13.5 acres/agriculture lease) Comment: 40 acres; no utilities; most recent use—wildlife and forestry management Mercer Avenue Parcel 4 Landholding Agency: COE Grenada Lake Parcel 16 Property Number: 31199011001 Section 2 and 3. T23N, R5E Grenada Lake Status: Excess Grenada Co: Yalobusha MS 38901–0903 Section 9, T23N, R6E Comment: 24.09 acres; subject to flowage Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 easement Landholding Agency: COE Property Number: 31199011025 Tracts L24, L26 Status: Underutilized Property Number: 31199011033 Crooked Creek Lake Comment: 60 acres; no utilities; most recent Status: Underutilized Co: Armstrong PA 03051– use—wildlife and forestry management Comment: 70 acres; no utilities; most recent Location: Left bank—55 miles downstream of Parcel 5 use—wildlife and forestry management dam. Grenada Lake Parcel 17 Landholding Agency: COE Section 7, T24N, R6E Grenada Lake Property Number: 31199011011 Grenada Co: Yalobusha MS 38901–0903 Section 17, T23N, R7E Status: Unutilized Landholding Agency: COE Grenada Co: Grenada MS 28901–0903 Comment: 7.59 acres; potential for utilities Property Number: 31199011026 Landholding Agency: COE Portion of Tract L–21A Status: Underutilized Property Number: 31199011034 Crooked Creek Lake, LR 03051 Comment: 20 acres; no utilities; most recent Status: Underutilized Ford City Co: Armstrong PA 16226– use—wildlife and forestry management; Comment: 35 acres; no utilities; most recent Landholding Agency: COE (14 acres/agriculture lease) use—wildlife and forestry management Property Number: 31199430012 Parcel 6 Parcel 18 Status: Unutilized Grenada Lake Grenada Lake Comment: Approximately 1.72 acres of Section 9, T24N, R6E Section 22, T23N, R7E undeveloped land, subject to gas rights Grenada Co: Yalobusha MS 38903–0903 Grenada Co: Grenada MS 28902–0903 3.5 acres Landholding Agency: COE Landholding Agency: COE Joseph Road Property Number: 31199011027 Property Number: 31199011035 Tract RA34 Status: Underutilized Status: Underutilized New Salem Co: York PA 17403– Comment: 80 acres; no utilities; most recent Comment: 10 acres; no utilities; most recent Landholding Agency: COE use—wildlife and forestry management use—wildlife and forestry management Property Number: 31200330006 Status: Unutilized Parcel 11 Parcel 19 Comment: approx. 3.5 acres, road access Grenada Lake Grenada Lake easement, habitat for wildlife management Section 20, T24N, R8E Section 9, T22N, R7E Grenada Co: Calhoun MS 38901–0903 Grenada Co: Grenada MS 38901–0903 Tennessee Landholding Agency: COE Landholding Agency: COE Tract 6827 Property Number: 31199011028 Property Number: 31199011036 Barkley Lake Status: Underutilized Status: Underutilized Dover Co: Stewart TN 37058– Comment: 30 acres; no utilities; most recent Comment: 20 acres; no utilities; most recent Location: 21⁄2 miles west of Dover, TN use—wildlife and forestry management use—wildlife and forestry management Landholding Agency: COE Parcel 12 Property Number: 31199010927 Grenada Lake Missouri Status: Excess Section 25, T24N, R7E Harry S Truman Dam & Reservoir Comment: .57 acres; subject to existing Grenada Co: Yalobusha MS 38390–0903 Warsaw Co: Benton MO 65355– easements

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Tracts 6002–2 and 6010 Comment: 10.15 acres; subject to existing Landholding Agency: COE Barkley Lake easements Property Number: 31199011173 Dover Co: Stewart TN 37058– Tracts 8813, 8814 Status: Excess Location: 31⁄2 miles south of village of Barkley Lake Comment: 5 acres; subject to existing Tabaccoport Cumberland Co: Stewart TN 37050– easements Landholding Agency: COE Location: 11⁄2 miles East of Cumberland City Tracts K–1191, K–1135 Property Number: 31199010928 Landholding Agency: COE Old Hickory Lock and Dam Status: Excess Property Number: 31199010937 Hartsville Co: Trousdale TN 37074– Comment: 100.86 acres; subject to existing Status: Excess Landholding Agency: COE easements Comment: 96 acres; subject to existing Property Number: 31199130007 Tract 11516 easements Status: Underutilized Barkley Lake Tract 8911 Comment: 54 acres, (portion in floodway), Ashland City Co: Dickson TN 37015– Barkley Lake most recent use—recreation Location: 1⁄2 mile downstream from Cumberland City Co: Montgomery TN Tract A–102 Cheatham Dam 37050– Dale Hollow Lake & Dam Project Landholding Agency: COE Location: 4 miles east of Cumberland City Canoe Ridge, State Hwy 52 Property Number: 31199010929 Landholding Agency: COE Celina Co: Clay TN 38551– Status: Excess Property Number: 31199010938 Landholding Agency: COE Comment: 26.25 acres; subject to existing Status: Excess Property Number: 31199140006 easements Comment: 7.7 acres; subject to existing Status: Underutilized easements Comment: 351 acres, most recent use— Tract 2319 hunting, subject to existing easements J. Percy Priest Dam and Resorvoir Tract 11503 Tract A–120 Murfreesboro Co: Rutherford TN 37130– Barkley Lake Dale Hollow Lake & Dam Project Location: West of Buckeye Bottom Road Ashland City Co: Cheatham TN 37015– Swann Ridge, State Hwy No. 53 Landholding Agency: COE Location: 2 miles downstream from Cheatham Dam Celina Co: Clay TN 38551– Property Number: 31199010930 Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31199010939 Property Number: 31199140007 Comment: 14.48 acres; subject to existing Status: Underutilized easements Status: Excess Comment: 1.1 acres; subject to existing Comment: 883 acres, most recent use— Tract 2227 hunting, subject to existing easements easements J. Percy Priest Dam and Resorvoir Tract D–185 Tracts 11523, 11524 Murfreesboro Co: Rutherford TN 37130– Dale Hollow Lake & Dam Project Barkley Lake Location: Old Jefferson Pike Ashburn Creek, Hwy No. 53 Ashland City Co: Cheatham TN 37015– Landholding Agency: COE Livingston Co: Clay TN 38570– 1⁄2 miles downstream from Property Number: 31199010931 Location: 2 Landholding Agency: COE Status: Excess Cheatham Dam Property Number: 31199140010 Comment: 2.27 acres; subject to existing Landholding Agency: COE Status: Underutilized easements Property Number: 31199010940 Comment: 97 acres, most recent use— Status: Excess Tract 2107 hunting, subject to existing easements Comment: 19.5 acres; subject to existing J. Percy Priest Dam and Reservoir easements Texas Murfreesboro Co: Rutherford TN 37130– Former VORTAC Facility Location: Across Fall Creek near Fall Creek Tract 6410 Acton Co: Hood TX 76234– camping area Barkley Lake Landholding Agency: GSA Landholding Agency: COE Bumpus Mills Co: Stewart TN 37028– Location: 41⁄2 miles SW. of Bumpus Mills Property Number: 54200330007 Property Number: 31199010932 Status: Surplus Status: Excess Landholding Agency: COE Property Number: 31199010941 Comment: 73.76 acres, limited access, Comment: 14.85 acres; subject to existing numerous easements & lease restrictions easements Status: Excess Comment: 17 acres; subject to existing GSA Number: 7–U–TX–1075 Tracts 2601, 2602, 2603, 2604 easements.≤ Land Cordell Hull Lake and Dam Project Olin E. Teague Veterans Center Doe Row Creek Tract 9707 1901 South 1st Street Gainesboro Co: Jackson TN 38562– Barkley Lake Temple Co: Bell TX 76504– Location: TN Highway 56 Palmyer Co: Montgomery TN 37142– Landholding Agency: VA Landholding Agency: COE Location: 3 miles NE of Palmyer, TN. Property Number: 97199010079 Property Number: 31199010933 Highway 149 Status: Underutilized Status: Unutilized Landholding Agency: COE Comment: 13 acres, portion formerly landfill, Comment: 11 acres; subject to existing Property Number: 31199010943 portion near flammable materials, railroad easements Status: Excess crosses property, potential utilities Comment: 6.6 acres; subject to existing Tract 1911 Wisconsin J. Percy Priest Dam and Reservoir easements Murfreesboro Co: Rutherford TN 37130– Tract 6949 VA Medical Center Location: East of Lamar Road Barkley Lake County Highway E Tomah Co: Monroe WI 54660– Landholding Agency: COE Dover Co: Stewart TN 37058– Landholding Agency: VA Property Number: 31199010934 Location: 11⁄2 miles SE of Dover, TN. Property Number: 97199010054 Status: Excess Landholding Agency: COE Status: Underutilized Comment: 6.92 acres; subject to existing Property Number: 31199010944 Comment: 12.4 acres, serves as buffer easements Status: Excess between center and private property, no Comment: 29.67 acres; subject to existing Tract 7206 utilities Barkley Lake easements Dover Co: Stewart TN 37058– Tracts 6005 and 6017 Suitable/Unavailable Properties 1 Location: 2 ⁄2 miles SE of Dover, TN Barkley Lake Buildings (by State) Landholding Agency: COE Dover Co: Stewart TN 37058– Property Number: 31199010936 Location: 3 miles south of Village of Georgia Status: Excess Tobaccoport. Bldgs. 00960, 00961, 00963

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Fort Benning Property Number: 31199010006 New Cumberland Co: York PA 17070–5002 Ft. Benning Co: Chattahoochee GA Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comment: 900 sq. ft.; one floor wood frame; Property Number: 21200330186 Property Number: 21200330107 most recent use—residence Status: Unutilized Status: Unutilized Bldg. 1 Comment: 1200 sq. ft., needs rehab, off-site Comment: 11,110 sq. ft., most recent use— Ohio River Locks & Dam No. 53 use only housing, off-site use only Grand Chain Co: Pulaski IL 62941–9801 Bldg. 00024 Idaho Location: Ohio River Locks and Dam No. 53 Defense Distribution Depot at Grand Chain New Cumberland Co: York PA 17070–500 Bldg. CFA–613 Landholding Agency: COE Landholding Agency: Army Central Facilities Area Property Number: 31199010007 Property Number: 21200330187 Idaho National Engineering Lab Status: Unutilized Status: Unutilized Scoville Co: Butte ID 83415– Comment: 900 sq. ft.; one floor wood frame; Comment: 3100 sq. ft., needs rehab, most Landholding Agency: Energy most recent use—residence recent use—eng/housing mnt, off-site use Property Number: 41199630001 only Status: Unutilized Montana Bldg. 00025 Comment: 1219 sq. ft., most recent use— VA MT Healthcare Defense Distribution Depot sleeping quarters, presence of asbestos, off- 210 S. Winchester New Cumberland Co: York PA 17070–5002 site use only Miles City Co: Custer MT 59301– Landholding Agency: Army Landholding Agency: VA Illinois Property Number: 21200330188 Property Number: 97200030001 Bldg. 7 Status: Unutilized Status: Underutilized Ohio River Locks & Dam No. 53 Comment: 18 buildings, total sq. ft. = Comment: 2640 sq. ft., needs rehab, most Grand Chain Co: Pulaski IL 62941–9801 123,851, presence of asbestos, most recent recent use—salt shed, off-site use only Location: Ohio River Locks and Dam No. 53 use—clinic/office/food production Bldg. 00028 at Grand Chain Defense Distribution Depot New York Landholding Agency: COE New Cumberland Co: York PA 17070–5002 Property Number: 31199010001 Bldg. 0158 Landholding Agency: Army Status: Unutilized Brookhaven National Lab Property Number: 21200330189 Comment: 900 sq. ft.; 1 floor wood frame; Upton Co: Suffolk NY 11973– Status: Unutilized most recent use—residence Landholding Agency: Energy Comment: 12,352 sq. ft., needs rehab, most Bldg. 6 Property Number: 41200310005 recent use—vehicle maint shop, off-site use Ohio River Locks & Dam No. 53 Status: Unutilized only Grand Chain Co: Pulaski IL 62941–9801 Comment: 12,436 sq. ft., needs rehab, Bldg. 00064 Location: Ohio River Locks and Dam No. 53 presence of asbestos/lead paint, most Defense Distribution Depot at Grand Chain recent use—storage, off-site use only New Cumberland Co: York PA 17070–5002 Landholding Agency: COE Ohio Landholding Agency: Army Property Number: 31199010002 Property Number: 21200330190 Status: Unutilized Bldg.—Berlin Lake Status: Unutilized Comment: 900 sq. ft.; one floor wood frame; 7400 Bedell Road Comment: 900 sq. ft., needs rehab, off-site most recent use—residence Berlin Center Co: Mahoning OH 44401–9797 Landholding Agency: COE use only Bldg. 5 Property Number: 31199640001 Bldg. 00068 Ohio River Locks & Dam No. 53 Status: Unutilized Defense Distribution Depot Grand Chain Co: Pulaski IL 62941–9801 Comment: 1420 sq. ft., 2-story brick w/garage Location: Ohio River Locks and Dam No. 53 New Cumberland Co: York PA 17070–5002 and basement, most recent use— Landholding Agency: Army at Grand Chain residential, secured w/alternate access Landholding Agency: COE Property Number: 21200330191 Property Number: 31199010003 Pennsylvania Status: Unutilized Comment: 717 sq. ft., needs rehab, off-site Status: Unutilized Bldg. 00001 use only Comment: 900 sq. ft.; one floor wood frame; Defense Distribution Depot most recent use—residence New Cumberland Co: York PA 17070–5002 Bldg. 00078 Bldg. 4 Landholding Agency: Army Defense Distribution Depot Ohio River Locks & Dam No. 53 Property Number: 21200330183 New Cumberland Co: York PA 17070–5002 Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized Landholding Agency: Army Location: Ohio River Locks and Dam No. 53 Comment: 225,400 sq. ft., needs rehab, most Property Number: 21200330192 at Grand Chain recent use—admin/storage/misc, off-site Status: Unutilized Landholding Agency: COE use only Comment: 32 sq. ft., needs rehab, off-site use Property Number: 31199010004 Bldg. 00002 only Status: Unutilized Defense Distribution Depot Bldg. 00095 Comment: 900 sq. ft.; one floor wood frame; New Cumberland Co: York PA 17070–5002 Defense Distribution Depot most recent use—residence Landholding Agency: Army New Cumberland Co: York PA 17070–5002 Bldg. 3 Property Number: 21200330184 Landholding Agency: Army Ohio River Locks & Dam No. 53 Status: Unutilized Property Number: 21200330193 Grand Chain Co: Pulaski IL 62941–9801 Comment: 44,800 sq. ft., needs rehab, most Status: Unutilized Location: Ohio River Locks and Dam No. 53 recent use—shop/storage, off-site use only Comment: 480 sq. ft., needs rehab, most at Grand Chain Bldgs. 00004, 00005, 00006 recent use—storage, off-site use only Landholding Agency: COE Defense Distribution Depot Bldg. 00096 Property Number: 31199010005 New Cumberland Co: York PA 17070–5002 Defense Distribution Depot Status: Unutilized Landholding Agency: Army New Cumberland Co: York PA 17070–5002 Comment: 900 sq. ft.; one floor wood frame Property Number: 21200330185 Landholding Agency: Army Bldg. 2 Status: Unutilized Property Number: 21200330194 Ohio River Locks & Dam No. 53 Comment: 201,600 sq. ft. each, needs rehab, Status: Unutilized Grand Chain Co: Pulaski IL 62941–9801 most recent use—warehouse/storage, off- Comment: 1824 sq. ft., needs rehab, most Location: Ohio River Locks and Dam No. 53 site use only recent use—storage, off-site use only at Grand Chain Bldg. 00013 Bldg. 00097 Landholding Agency: COE Defense Distribution Depot Defense Distribution Depot

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New Cumberland Co: York PA 17070–5002 required to be flood proofed or removed off Dashields Locks and Dam Landholding Agency: Army site (Glenwillard, PA) Property Number: 21200330195 Wisconsin Crescent Twp. Co: Allegheny PA 15046–0475 Status: Unutilized Landholding Agency: COE Comment: most recent use—open storage, Former Lockmaster’s Dwelling Property Number: 31199210009 DePere Lock off-site use only Status: Unutilized 100 James Street Comment: 0.58 acres, most recent use— Bldg. 02010 De Pere Co: Brown WI 54115– Defense Distribution Depot Landholding Agency: COE baseball field New Cumberland Co: York PA 17070–5002 Property Number: 31199011526 VA Medical Center Landholding Agency: Army Status: Unutilized New Castle Road Property Number: 21200330196 Comment: 1224 sq. ft.; 2 story brick/wood Butler Co: Butler PA 16001– Status: Unutilized frame residence; needs rehab; secured area Landholding Agency: VA Comment: 288 sq. ft., needs rehab, off-site with alternate access Property Number: 97199010016 use only Bldg. 2 Status: Underutilized Tract 353 VA Medical Center Comment: Approx. 9.29 acres, used for Grays Landing Lock & Dam Project 5000 West National Ave. patient recreation, potential utilities Greensboro Co: Greene PA 15338– Milwaukee WI 53295– Land No. 645 Landholding Agency: COE Landholding Agency: VA VA. Medical Center Property Number: 31199430019 Property Number: 97199830002 Highland Drive Status: Unutilized Comment: 812 sq. ft., 2- Status: Underutilized Pittsburgh Co: Allegheny PA 15206– story, log structure, needs repair, most Comment: 133,730 sq. ft., needs rehab, Location: Between Campania and Wiltsie recent use–residential, if used for presence of asbestos/lead paint, most Streets habitation must be flood proofed or recent use—storage Landholding Agency: VA removed off-site Land (by State) Property Number: 97199010080 Status: Unutilized Tract 403A Illinois Grays Landing Lock & Dam Project Comment: Greensboro Co: Greene PA 15338– Lake Shelbyville 90.3 acres, heavily wooded, property Landholding Agency: COE Shelbyville Co: Shelby & Moultrie IL 62565– includes dump area and numerous site Property Number: 31199430021 9804 storm drain outfalls Status: Unutilized Landholding Agency: COE Land—34.16 acres Comment: 620 sq. ft., 2-story, needs repair, Property Number: 31199240004 VA Medical Center most recent use–residential, if used for Status: Unutilized 1400 Black Horse Hill Road Comment: 5 parcels of land equalling 0.70 habitation must be flood proofed or Coatesville Co: Chester PA 19320– acres, improved w/4 small equipment removed off-site Landholding Agency: VA storage bldgs. and a small access road, Property Number: 97199340001 Tract 403B easement restrictions Grays Landing Lock & Dam Project Status: Underutilized Greensboro Co: Greene PA 15338– Iowa Comment: 34.16 acres, open field, most Landholding Agency: COE 38 acres recent use—recreation/buffer Property Number: 31199430022 VA Medical Center Suitable/To Be Excessed Status: Unutilized 1515 West Pleasant St. Comment: 1600 sq. ft., 2-story, brick Knoxville Co: Marion IA 50138– Buildings (by State) structure, needs repair, most recent use— Landholding Agency: VA Massachusetts residential, if used for habitation must be Property Number: 97199740001 flood proofed or removed off-site Status: Unutilized Cuttyhunk Boathouse Tract 403C Comment: golf course South Shore of Cuttyhunk Pond Gosnold Co: Dukes MA 02713– Grays Landing Lock & Dam Project Michigan Greensboro Co: Greene PA 15338– Landholding Agency: DOT VA Medical Center 5500 Armstrong Road Property Number: 87199310001 Landholding Agency: COE Battle Creek Co: Calhoun MI 49016– Property Number: 31199430023 Status: Unutilized Landholding Agency: VA Comment: 2700 sq. ft., wood frame, one Status: Unutilized Property Number: 97199010015 Comment: 672 sq. ft., 2-story carriage house/ story, needs rehab, limited utilities, off-site Status: Underutilized use only. stable barn type structure, needs repair, Comment: 20 acres, used as exercise trails most recent use—storage/garage, if used for and storage areas, potential utilities Nauset Beach Light habitation must be flood proofed or Nauset Beach Co: Barnstable MA removed New York Landholding Agency: DOT Tract 434 VA Medical Center Property Number: 87199420001 Grays Landing Lock & Dam Project Fort Hill Avenue Status: Unutilized Greensboro Co: Greene PA 15338– Canandaigua Co: Ontario NY 14424– Comment: 48 foot tower, cylindrical cast Landholding Agency: COE Landholding Agency: VA iron, most recent use—aid to navigation Property Number: 31199430024 Property Number: 97199010017 Light Tower, Highland Light Status: Unutilized Status: Underutilized Near Rt. 6, 9 miles south of Race Point Comment: 1059 sq. ft., 2-story, wood frame, Comment: 27.5 acres, used for school North Truro Co: Barnstable MA 02652– 2 apt. units, historic property, if used for ballfield and parking, existing utilities Landholding Agency: DOT habitation must be flood proofed or easements, portion leased Property Number: 87199430005 removed off-site Pennsylvania Status: Excess ′ ″ Tract No. 224 East Branch Clarion River Lake Comment: 66 ft. tower, 14 9 diameter, brick Grays Landing Lock & Dam Project Wilcox Co: Elk PA structure, scheduled to be vacated 9/94 Greensboro Co: Green PA 15338– Location: Free camping area on the right Keepers Dwelling Landholding Agency: COE bank off entrance roadway Highland Light Property Number: 31199440001 Landholding Agency: COE Near Rt. 6, 9 miles south of Race Point Status: Unutilized Property Number: 31199011012 North Truro Co: Barnstable MA 02652– Comment: 1040 sq. ft., 2 story bldg., needs Status: Underutilized Landholding Agency: DOT repair, historic struct., flowage easement, if Comment: 1 acre; most recent use—free Property Number: 87199430006 habitation is desired property will be campground Status: Excess

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Comment: 1160 sq. ft., 2-story wood frame, Cheatham Lock and Dam Tuskegee Co: Macon AL 36083– attached to light tower, scheduled to be Ashland Co: Cheatham TN 37015— Landholding Agency: VA vacated 9/94 Location: Right downstream bank of Property Number: 97199730002 Duplex Housing Unit Sycamore Creek. Status: Underutilized Highland Light Landholding Agency: COE Reason: Secured Area Property Number: 31199010942 Near Rt. 6, 9 miles south of Race Point Alaska North Truro Co: Barnstable MA 02652– Status: Excess Landholding Agency: DOT Comment: 8.93 acres; subject to existing Bldg. B001 Property Number: 87199430007 easements. Point Higgins Ketchikan Co: AK 99901– Status: Excess Texas Comment: 2 living units, 930 sq. ft. each, 1- Landholding Agency: DOT story each, located on eroding ocean bluff, Corpus Christi Ship Channel Property Number: 87200140003 scheduled to be vacated 9/94 Corpus Christi Co: Neuces TX Status: Excess Location: East side of Carbon Plant Road, Reasons: Secured Area, Extensive Nahant Towers approx. 14 miles NW of downtown Corpus deterioration Nahant Co: Essex MA Christi Bldg. B002 Landholding Agency: DOT Landholding Agency: COE Property Number: 87199530001 Point Higgins Property Number: 31199240001 Ketchikan Co: AK 99901– Status: Unutilized Status: Unutilized Comment: 196 sq. ft., 8-story observation Landholding Agency: DOT Comment: 4.4 acres, most recent use—farm Property Number: 87200140004 tower land. Land (by State) Status: Excess Unsuitable Properties Reasons: Secured Area, Extensive Georgia deterioration Lake Sidney Lanier Buildings (by State) Bldg. B003 Co: Forsyth GA 30130– Alabama Point Higgins Location: Located on Two Mile Creek adj. to Ketchikan Co: AK 99901– Dwelling A State Route 369 Landholding Agency: DOT USCG Mobile Pt. Station Landholding Agency: COE Property Number: 87200140005 Ft. Morgan Property Number: 31199440010 Status: Excess Gulfshores Co: Baldwin AL 36542– Status: Unutilized Reasons: Secured Area, Extensive Landholding Agency: DOT Comment: 0.25 acres, endangered plant deterioration species Property Number: 87199120001 Status: Excess Bldg. B004 Lake Sidney Lanier-3 parcels Reason: Floodway Point Higgins Gainesville Co: Hall GA 30503– Ketchikan Co: AK 99901– Location: Dwelling B Landholding Agency: DOT Between Gainesville H.S. and State Route 53 USCG Mobile Pt. Station Property Number: 87200140006 By-Pass Ft. Morgan Status: Excess Landholding Agency: COE Gulfshores Co: Baldwin AL 36542– Reason: Secured Area Property Number: 31199440011 Landholding Agency: DOT Property Number: 87199120002 Bldg. B006 Status: Unutilized Point Higgins Comment: 3 parcels totalling 5.17 acres, most Status: Excess Reason: Floodway Ketchikan Co: AK 99901– recent use—buffer zone, endangered plant Landholding Agency: DOT species Oil House Property Number: 87200140007 Kansas USCG Mobile Pt. Station Status: Excess Ft. Morgan Parcel #1 Reasons: Secured Area, Extensive Gulfshores Co: Baldwin AL 36542– deterioration Fall River Lake Landholding Agency: DOT Bldg. B008 Section 26 Property Number: 87199120003 Point Higgins Co: Greenwood KS Status: Excess Ketchikan Co: AK 99901– Landholding Agency: COE Reason: Floodway Property Number: 31199010065 Landholding Agency: DOT Status: Unutilized Garage Property Number: 87200140008 Comment: 126.69 acres; most recent use— USCG Mobile Pt. Station Status: Excess recreation and leased cottage sites Ft. Morgan Reasons: Secured Area, Extensive Gulfshores Co: Baldwin AL 36542– Parcel No. 2, El Dorado Lake deterioration Landholding Agency: DOT Approx. 1 mi east of the town of El Dorado Bldg. B009 Property Number: 87199120004 Co: Butler KS Point Higgins Status: Excess Landholding Agency: COE Ketchikan Co: AK 99901– Reason: Floodway Property Number: 31199210005 Landholding Agency: DOT Status: Unutilized Shop Building Property Number: 87200140009 Comment: 11 acres, part of a relocated USCG Mobile Pt. Station Status: Excess railroad bed, rural area Ft. Morgan Reasons: Secured Area, Extensive Gulfshores Co: Baldwin AL 36542– Massachusetts deterioration Landholding Agency: DOT Bldg. B011 Buffumville Dam Property Number: 87199120005 Point Higgins Flood Control Project Status: Excess Ketchikan Co: AK 99901– Gale Road Reason: Floodway Landholding Agency: DOT Carlton Co: Worcester MA 01540–0155 Bldg. 7 Property Number: 87200140010 Location: Portion of tracts B–200, B–248, B– VA Medical Center Status: Excess 251, B–204, B–247, B–200 and B–256 Tuskegee Co: Macon AL 36083– Reasons: Secured Area, Extensive Landholding Agency: COE Landholding Agency: VA deterioration Property Number: 31199010016 Property Number: 97199730001 Bldg. B012 Status: Excess Status: Underutilized Comment: 1.45 acres. Point Higgins Reason: Secured Area Ketchikan Co: AK 99901– Tennessee Bldg. 8 Landholding Agency: DOT Tract D–456 VA Medical Center Property Number: 87200140011

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Status: Excess Bldg. 744 San Diego Co: CA 92135–7040 Reasons: Secured Area, Extensive Naval Air Station Landholding Agency: Navy deterioration Lemoore Co: CA Property Number: 77200330026 Bldg. B000 Landholding Agency: Navy Status: Excess Point Higgins Property Number: 77200330017 Reasons: Secured Area, Extensive Ketchikan Co: AK 99901– Status: Excess deterioration Landholding Agency: DOT Reason: Secured Area Bldg. 76 Property Number: 87200140012 Bldg. 745 Space & Naval Warfare Status: Excess Naval Air Station San Diego Co: CA Reason: Extensive deterioration Lemoore Co: CA Landholding Agency: Navy Bldg. B01 Landholding Agency: Navy Property Number: 77200330027 Coast Guard Cutter Sycamore Property Number: 77200330018 Status: Excess Cordova Co: AK 99574– Status: Excess Reason: Extensive deterioration Landholding Agency: DOT Reasons: Secured Area, Extensive Bldgs. 15 & 16 Property Number: 87200310001 deterioration Fleet ASW Training Center Status: Unutilized Bldg. 746 San Diego Co: CA Reason: Extensive deterioration Naval Air Station Landholding Agency: Navy Fuel Tank Facility Lemoore Co: CA Property Number: 77200330028 USCG LORAN Station Landholding Agency: Navy Status: Excess Ketchikan Co: AK 99901– Property Number: 77200330019 Reason: Extensive deterioration Landholding Agency: DOT Status: Excess Bldgs. 20 & 21 Property Number: 87200310008 Reason: Secured Area Fleet ASW Training Center Status: Unutilized Bldg. 751 San Diego Co: CA Reason: Extensive deterioration Naval Air Station Landholding Agency: Navy Arkansas Lemoore Co: CA Property Number: 77200330029 Dwelling Landholding Agency: Navy Status: Excess Bull Shoals Lake/Dry Run Road Property Number: 77200330020 Reason: Extensive deterioration Oakland Co: Marion AR 72661– Status: Excess Bldg. 23 Landholding Agency: COE Reason: Secured Area Fleet ASW Training Center Property Number: 31199820001 Bldg. 754 San Diego Co: CA Status: Unutilized Naval Air Station Landholding Agency: Navy Reason: Extensive deterioration Lemoore Co: CA Property Number: 77200330030 Helena Casting Plant Landholding Agency: Navy Status: Excess Helena Co: Phillips AR 72342– Property Number: 77200330021 Reason: Extensive deterioration Landholding Agency: COE Status: Excess Bldg. 28 Property Number: 31200220001 Reason: Secured Area, Extensive Fleet ASW Training Center Status: Unutilized deterioration San Diego Co: CA Reason: Extensive deterioration Bldg. 483 Landholding Agency: Navy California Naval Air Station Property Number: 77200330031 North Island Status: Excess Soil & Materials Testing Lab San Diego Co: CA 92135–7040 Reason: Extensive deterioration Sausalito Co: CA 00000– Landholding Agency: COE Landholding Agency: Navy Bldg. 32 Property Number: 31199920002 Property Number: 77200330022 Fleet ASW Training Center Status: Excess Status: Excess San Diego Co: CA Reason: Contamination Reason: Extensive deterioration Landholding Agency: Navy Bldg. 490 Property Number: 77200330032 Bldgs. MO3, MO14, MO17 Status: Excess Sandia National Lab Naval Air Station Reason: Extensive deterioration Livermore Co: Alameda CA 94550– North Island Landholding Agency: Energy San Diego Co: CA 92135–7040 Bldgs. 37 & 39 Property Number: 41200220001 Landholding Agency: Navy Fleet ASW Training Center Status: Excess Property Number: 77200330023 San Diego Co: CA Reason: Extensive deterioration Status: Excess Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77200330033 Bldg. 436 Status: Excess Yosemite National Park Bldg. 606 Yosemite Co: Mariposa CA 95389– Naval Air Station Reason: Extensive deterioration Landholding Agency: Interior North Island Bldg. 63 Property Number: 61200330022 San Diego Co: CA Fleet ASW Training Center Status: Unutilized Landholding Agency: Navy San Diego Co: CA Reason: Extensive deterioration Property Number: 77200330024 Landholding Agency: Navy Bldg. 742 Status: Excess Property Number: 77200330034 Naval Air Station Reasons: Secured Area Status: Excess Lemoore Co: CA Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Bldg. 620 Bldg. 69 Property Number: 77200330015 Naval Air Station Fleet ASW Training Center Status: Excess North Island San Diego Co: CA Reason: Secured Area San Diego Co: CA 92135–7040 Landholding Agency: Navy Bldg. 743 Landholding Agency: Navy Property Number: 77200330035 Naval Air Station Property Number: 77200330025 Status: Excess Lemoore Co: CA Status: Excess Reason: Extensive deterioration Landholding Agency: Navy Reasons: Secured Area, Extensive Bldg. 2043 Property Number: 77200330016 deterioration Fleet ASW Training Center Status: Excess Bldg. 697 San Diego Co: CA Reasons: Secured Area, Extensive Naval Air Station Landholding Agency: Navy deterioration North Island Property Number: 77200330036

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Status: Excess Grand Junction Projects Office Status: Unutilized Reason: Extensive deterioration Grand Junction Co: Mesa CO 81503– Reasons: Within 2000 ft. of flammable or Bldg. 116 Landholding Agency: Energy explosive material, Secured Area Naval Submarine Base Property Number: 41199610041 Bldg. 784(A–D) San Diego Co: CA Status: Unutilized Rocky Flats Environmental Tech Site Landholding Agency: Navy Reasons: Contamination, Secured Area Golden Co: Jefferson CO 80020– Property Number: 77200330037 Bldg. 33 Landholding Agency: Energy Status: Excess Grand Junction Projects Office Property Number: 41199910009 Reason: Extensive deterioration Grand Junction Co: Mesa CO 81503– Status: Unutilized Bldg. 508 Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Naval Submarine Base Property Number: 41199610042 explosive material, Secured Area San Diego Co: CA Status: Unutilized Bldg. 785 Landholding Agency: Navy Reasons: Contamination, Secured Area Rocky Flats Environmental Tech Site Property Number: 77200330038 Bldg. 727 Golden Co: Jefferson CO 80020– Status: Excess Rocky Flats Environmental Tech Site Landholding Agency: Energy Reason: Extensive deterioration Golden Co: Jefferson CO 80020– Property Number: 41199910010 Bldg. 19 Landholding Agency: Energy Status: Unutilized Naval Submarine Base Property Number: 41199910001 Reasons: Within 2000 ft. of flammable or San Diego Co: CA Status: Unutilized explosive material, Secured Area Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Bldg. 786 Property Number: 77200330039 explosive material, Secured Area Rocky Flats Environmental Tech Site Status: Excess Bldg. 729 Golden Co: Jefferson CO 80020– Reason: Extensive deterioration Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldgs. 62341 & 62342 Golden Co: Jefferson CO 80020– Property Number: 41199910011 Marine Corps Base Landholding Agency: Energy Status: Unutilized Camp Pendleton Co: CA 92055– Property Number: 41199910002 Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Status: Unutilized explosive material, Secured Area Property Number: 77200330040 Reasons: Within 2000 ft. of flammable or Bldg. 787(A–D) Status: Excess explosive material, Secured Area Rocky Flats Environmental Tech Site Reason: Extensive deterioration Bldg. 779 Golden Co: Jefferson CO 80020– Bldg. 34 Rocky Flats Environmental Tech Site Landholding Agency: Energy Property Number: 41199910012 Coast Guard Integrated Support Command Golden Co: Jefferson CO 80020– Status: Unutilized Alameda Co: CA Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT Property Number: 41199910003 explosive material, Secured Area Property Number: 87200240006 Status: Unutilized Status: Unutilized Reasons: Within 2000 ft. of flammable or Bldg. 875 Reason: Secured Area explosive material Secured Area Rocky Flats Environmental Tech Site Colorado Golden Co: Jefferson CO 80020– Bldg. 780 Landholding Agency: Energy Bldg. 34 Rocky Flats Environmental Tech Site Property Number: 41199910013 Grand Junction Projects Office Golden Co: Jefferson CO 80020– Status: Unutilized Grand Junction Co: Mesa CO 81503– Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Property Number: 41199910004 explosive material, Secured Area Status: Unutilized Property Number: 41199540001 Bldg. 880 Status: Underutilized Reasons: Within 2000 ft. of flammable or explosive material Secured Area Rocky Flats Environmental Tech Site Reasons: Contamination, Secured Area Golden Co: Jefferson CO 80020– Bldg. 35 Bldg. 780A Landholding Agency: Energy Grand Junction Projects Office Rocky Flats Environmental Tech Site Property Number: 41199910014 Grand Junction Co: Mesa CO 81503– Golden Co: Jefferson CO 80020– Status: Unutilized Landholding Agency: Energy Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Property Number: 41199540002 Property Number: 41199910005 explosive material, Secured Area Status: Unutilized Status: Underutilized Bldg. 886 Reasons: Within 2000 ft. of flammable or Reasons: Contamination, Secured Area Rocky Flats Environmental Tech Site explosive material, Secured Area Bldg. 36 Golden Co: Jefferson CO 80020– Grand Junction Projects Office Bldg. 780B Landholding Agency: Energy Grand Junction Co: Mesa CO 81503– Rocky Flats Environmental Tech Site Property Number: 41199910015 Landholding Agency: Energy Golden Co: Jefferson CO 80020– Status: Unutilized Property Number: 41199540003 Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Status: Underutilized Property Number: 41199910006 explosive material, Secured Area Reasons: Contamination, Secured Area Status: Unutilized Bldg. 308A Bldg. 2 Reasons: Within 2000 ft. of flammable or Rocky Flats Env. Tech. Site Grand Junction Projects Office explosive material, Secured Area Golden Co: Jefferson CO 80020– Grand Junction Co: Mesa CO 81503– Bldg. 782 Landholding Agency: Energy Landholding Agency: Energy Rocky Flats Environmental Tech Site Property Number: 41199910016 Property Number: 41199610039 Golden Co: Jefferson CO 80020– Status: Unutilized Status: Unutilized Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Reasons: Contamination, Secured Area Property Number: 41199910007 explosive material, Secured Area Bldg. 7 Status: Unutilized Bldg. 788 Grand Junction Projects Office Reasons: Within 2000 ft. of flammable or Rocky Flats Env. Tech. site Grand Junction Co: Mesa CO 81503– explosive material, Secured Area Golden Co: Jefferson CO 80020– Landholding Agency: Energy Bldg. 783 Landholding Agency: Energy Property Number: 41199610040 Rocky Flats Environmental Tech Site Property Number: 41199910017 Status: Unutilized Golden Co: Jefferson CO 80020– Status: Underutilized Reasons: Contamination, Secured Area Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Bldg. 31–A Property Number: 41199910008 explosive material, Secured Area

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Bldg. 888 Golden Co: Jefferson CO 80020– Property Number: 41200120001 Rocky Flats Environmental Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41199930029 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Underutilized explosive material, Secured Area Property Number: 41199930001 Reasons: Within 2000 ft. of flammable or Bldg. 333 Status: Unutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reasons: Within 2000 ft. of flammable or Bldg. 776 Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 714 A/B Golden Co: Jefferson CO 80020– Property Number: 41200120002 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010001 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930021 Reasons: Within 2000 ft. of flammable or Bldg. 762 Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech Site Reasons: Within 2000 ft. of flammable or Bldg. 777 Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 717 Golden Co: Jefferson CO 80020– Property Number: 41200120003 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010002 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930022 Reasons: Within 2000 ft. of flammable or Bldg. 762A Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech Site Reasons: Within 2000 ft. of flammable or Bldg. 778 Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 770 Golden Co: Jefferson CO 80020– Property Number: 41200120004 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010003 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930023 Reasons: Within 2000 ft. of flammable or Bldg. 792 Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech Site Reasons: Within 2000 ft. of flammable or Structure 712–712A Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 771 Golden Co: Jefferson CO 80020– Property Number: 41200120005 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010004 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930024 Reasons: Within 2000 ft. of flammable or Bldg. 792A Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech Site Reasons: Within 2000 ft. of flammable or Structure 713–713A Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 771B Golden Co: Jefferson CO 80020– Property Number: 41200120006 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010005 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930025 Reasons: Within 2000 ft. of flammable or Bldgs. 124, 129 Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reasons: Within 2000 ft. of flammable or Structure 771 TUN Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 771C Golden Co: Jefferson CO 80020– Property Number: 41200220002 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010006 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930026 Reasons: Within 2000 ft. of flammable or Bldgs. 371, 374, 374A Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reasons: Within 2000 ft. of flammable or Structure 776A–781 Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Energy Bldg. 772–772A Golden Co: Jefferson CO 80020– Property Number: 41200220003 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200010007 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930027 Reasons: Within 2000 ft. of flammable or Bldgs. 376–378, 381 Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reasons: Within 2000 ft. of flammable or Bldgs. 111, 111B Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Env. Tech Site Landholding Agency: Energy Bldg. 773 Golden Co: Jefferson CO 80020– Property Number: 41200220004 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200030001 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Excess explosive material, Secured Area Property Number: 41199930028 Reasons: Within 2000 ft. of flammable or Bldgs. 441–443, 452 Status: Underutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reasons: Within 2000 ft. of flammable or Bldg. 125 Golden Co: Jefferson CO 80020– explosive material, Secured Area Rocky Flats Env. Tech. Site Landholding Agency: Energy Bldg. 774 Golden Co: Jefferson CO 80020– Property Number: 41200220005 Rocky Flats Env. Tech Site Landholding Agency: Energy Status: Excess

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Reasons: Within 2000 ft. of flammable or Bldgs. 778, 790 Windsor Co: Hartford CT 06095– explosive material, Secured Area Rocky Flats Env. Tech. Site Landholding Agency: Energy Bldgs. 557, 559 Golden Co: Jefferson CO 80020– Property Number: 41199440003 Rocky Flats Env. Tech. Site Landholding Agency: Energy Status: Excess Golden Co: Jefferson CO 80020– Property Number: 41200220015 Reason: Secured Area Landholding Agency: Energy Status: Excess 9 Bldgs. Property Number: 41200220006 Reasons: Within 2000 ft. of flammable or Knolls Atomic Power Lab, Windsor Site Status: Excess explosive material, Secured Area Windsor Co: Hartford CT 06095– Reasons: Within 2000 ft. of flammable or Bldgs. 850, 864–865 Landholding Agency: Energy explosive material, Secured Area Rocky Flats Env. Tech. Site Property Number: 41199540004 Bldgs. 561, 562 Golden Co: Jefferson CO 80020– Status: Excess Rocky Flats Env. Tech. Site Landholding Agency: Energy Reason: Secured Area Golden Co: Jefferson CO 80020– Property Number: 41200220016 Bldg. 8, Windsor Site Landholding Agency: Energy Status: Excess Knolls Atomic Power Lab Property Number: 41200220007 Reasons: Within 2000 ft. of flammable or Windsor Co: Hartford CT 06095– Status: Excess explosive material, Secured Area Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Bldgs. 869, 879 Property Number: 41199830006 explosive material, Secured Area Rocky Flats Env. Tech. Site Status: Unutilized Bldgs. 564, 566/A, 569 Golden Co: Jefferson CO 80020– Reason: Extensive deterioration Rocky Flats Env. Tech. Site Landholding Agency: Energy Falkner Island Light Golden Co: Jefferson CO 80020– Property Number: 41200220017 U.S. Coast Guard Landholding Agency: Energy Status: Excess Guilford Co: New Haven CT 06512– Property Number: 41200220008 Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT Status: Excess explosive material, Secured Area Property Number: 87199240031 Reasons: Within 2000 ft. of flammable or Bldgs. 881, 881F, 881H Status: Unutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reason: Floodway Bldgs. 662, 663 Golden Co: Jefferson CO 80020– Florida Landholding Agency: Energy Rocky Flats Env. Tech. Site Bldg. #3, Recreation Cottage Golden Co: Jefferson CO 80020– Property Number: 41200220018 Status: Excess USCG Station Landholding Agency: Energy Marathon Co: Monroe FL 33050– Property Number: 41200220009 Reasons: Within 2000 ft. of flammable or explosive material, Secured Area Landholding Agency: DOT Status: Excess Property Number: 87199210008 Reasons: Within 2000 ft. of flammable or Bldgs. 883–885, 887 Status: Unutilized explosive material, Secured Area Rocky Flats Env. Tech. Site Reasons: Floodway, Secured Area Bldgs. 666, 681 Golden Co: Jefferson CO 80020– Landholding Agency: Energy Bldg. 103, Trumbo Point Rocky Flats Env. Tech. Site Key West Co: Monroe FL 33040– Golden Co: Jefferson CO 80020– Property Number: 41200220019 Status: Excess Landholding Agency: DOT Landholding Agency: Energy Property Number: 87199230001 Property Number: 41200220010 Reasons: Within 2000 ft. of flammable or explosive material, Secured Area Status: Unutilized Status: Excess Reasons: Floodway, Secured Area Bldg. 891 Reasons: Within 2000 ft. of flammable or Exchange Building explosive material, Secured Area Rocky Flats Env. Tech. Site Golden Co: Jefferson CO 80020– St. Petersburg Co: Pinellas FL 33701– Bldgs. 701, 705–708 Landholding Agency: Energy Landholding Agency: DOT Rocky Flats Env. Tech. Site Property Number: 41200220020 Property Number: 87199410004 Golden Co: Jefferson CO 80020– Status: Excess Status: Unutilized Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Reason: Floodway Property Number: 41200220011 explosive material, Secured Area 9988 Keepers Quarters A Status: Excess Bldgs. 906, 991, 995 Cape San Blas Reasons: Within 2000 ft. of flammable or Port St. Joe Co: Gulf FL explosive material, Secured Area Rocky Flats Env. Tech. Site Golden Co: Jefferson CO 80020– Landholding Agency: DOT Bldgs. 714, 715, 718 Landholding Agency: Energy Property Number: 87199440009 Rocky Flats Env. Tech. Site Property Number: 41200220021 Status: Underutilized Golden Co: Jefferson CO 80020– Status: Excess Reasons: Floodway, Secured Area Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or 9989 Keepers Quarters B Property Number: 41200220012 explosive material, Secured Area Cape San Blas Status: Excess Alemeda Facility 350 S. Santa Fe Drive Port St. Joe Co: Gulf FL Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT explosive material, Secured Area Denver Co: Denver CO 80223– Landholding Agency: DOT Property Number: 87199440010 Bldgs. 731, 732 Property Number: 87199010014 Status: Underutilized Rocky Flats Env. Tech. Site Status: Unutilized Reasons: Floodway, Secured Area Golden Co: Jefferson CO 80020– Reason: Other environmental 9990 Bldg. Landholding Agency: Energy Comment: Contamination Cape San Blas Property Number: 41200220013 Port St. Joe Co: Gulf FL Connecticut Status: Excess Landholding Agency: DOT Reasons: Within 2000 ft. of flammable or Hezekiah S. Ramsdell Farm Property Number: 87199440011 explosive material, Secured Area West Thompson Lake Status: Underutilized Bldgs. 750, 763–765 North Grosvenordale Co: Windham CT Reasons: Floodway, Secured Area Rocky Flats Env. Tech. Site 06255–9801 9991 Plant Bldg. Golden Co: Jefferson CO 80020– Landholding Agency: COE Cape San Blas Landholding Agency: Energy Property Number: 31199740001 Port St. Joe Co: Gulf FL Property Number: 41200220014 Status: Unutilized Landholding Agency: DOT Status: Excess Reasons: Floodway, Extensive deterioration Property Number: 87199440012 Reasons: Within 2000 ft. of flammable or Bldgs. 25 and 26 Status: Underutilized explosive material, Secured Area Prospect Hill Road Reasons: Floodway, Secured Area

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9992 Shop Bldg. Russell Dam Drive Landholding Agency: Energy Cape San Blas Elberton Co: GA 30635– Property Number: 41199610009 Port St. Joe Co: Gulf FL Landholding Agency: COE Status: Unutilized Landholding Agency: DOT Property Number: 31200310003 Reason: Secured Area Property Number: 87199440013 Status: Unutilized Bldg. TAN–670 Status: Underutilized Reason: Secured Area Idaho National Engineering Laboratory Reasons: Floodway, Secured Area Coast Guard Station Scoville Co: Butte ID 83415– 9993 Admin. Bldg. St. Simons Island Landholding Agency: Energy Cape San Blas Co: Glynn GA 31522–0577 Property Number: 41199610010 Port St. Joe Co: Gulf FL Landholding Agency: DOT Status: Unutilized Landholding Agency: DOT Property Number: 87199540002 Reason: Secured Area Property Number: 87199440014 Status: Unutilized Bldg. TAN–661 Status: Underutilized Reason: Extensive deterioration Idaho National Engineering Laboratory Reasons: Floodway Secured Area Idaho Scoville Co: Butte ID 83415– 9994 Water Pump Bldg. Landholding Agency: Energy Cape San Blas Bldg. AFD0070 Property Number: 41199610011 Port St. Joe Co: Gulf FL Albeni Falls Dam Status: Unutilized Landholding Agency: DOT Oldtown Co: Bonner ID 83822– Reason: Secured Area Landholding Agency: COE Property Number: 87199440015 Bldg. TAN–657 Property Number: 31199910001 Status: Underutilized Idaho National Engineering Laboratory Reasons: Floodway, Secured Area Status: Unutilized Scoville Co: Butte ID 83415– Reason: Extensive deterioration Storage Bldg. Landholding Agency: Energy Cape San Blas Bldg. PBF–621 Property Number: 41199610012 Port St. Joe Co: Gulf FL Idaho National Engineering Laboratory Status: Unutilized Landholding Agency: DOT Scoville Co: Butte ID 83415– Reason: Secured Area Property Number: 87199440016 Landholding Agency: Energy Bldg. TRA–669 Status: Underutilized Property Number: 41199610001 Idaho National Engineering Laboratory Reasons: Floodway, Secured Area Status: Unutilized Scoville Co: Butte ID 83415– Reason: Secured Area 9999 Storage Bldg. Landholding Agency: Energy Cape San Blas Bldg. CPP–691 Property Number: 41199610013 Port St. Joe Co: Gulf FL Idaho National Engineering Laboratory Status: Unutilized Landholding Agency: DOT Scoville Co: Butte ID 83415– Reason: Secured Area Property Number: 87199440017 Landholding Agency: Energy Bldg. TAN–637 Status: Underutilized Property Number: 41199610003 Idaho National Engineering Laboratory Reasons: Floodway, Secured Area Status: Unutilized Scoville Co: Butte ID 83415– Reason: Secured Area 3 Bldgs. and Land Landholding Agency: Energy Peanut Island Station Bldg. CPP–625 Property Number: 41199610014 Riveria Beach Co: Palm Beach FL 33419– Idaho National Engineering Laboratory Status: Unutilized 0909 Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: DOT Landholding Agency: Energy Bldg. TAN–635 Property Number: 87199510009 Property Number: 41199610004 Idaho National Engineering Laboratory Status: Unutilized Status: Unutilized Scoville Co: Butte ID 83415– Reasons: Floodway, Secured Area Reason: Secured Area Landholding Agency: Energy Cape St. George Lighthouse Bldg. CPP–650 Property Number: 41199610015 Co: Franklin FL 32328– Idaho National Engineering Laboratory Status: Unutilized Landholding Agency: DOT Scoville Co: Butte ID 83415– Reason: Secured Area Property Number: 87199640002 Landholding Agency: Energy Bldg. TAN–638 Status: Unutilized Property Number: 41199610005 Idaho National Engineering Laboratory Reason: Extensive deterioration Status: Unutilized Scoville Co: Butte ID 83415– Reason: Secured Area Maint/Carpentry Shop Landholding Agency: Energy USCG Station Bldg. CPP–608 Property Number: 41199610016 St. Petersburg Co: Pinellas FL 33701– Idaho National Engineering Laboratory Status: Unutilized Landholding Agency: DOT Scoville Co: Butte ID 83415– Reason: Secured Area Property Number: 87200120001 Landholding Agency: Energy Bldg. TAN–651 Status: Excess Property Number: 41199610006 Idaho National Engineering Laboratory Reasons: Secured Area, Extensive Status: Unutilized Scoville Co: Butte ID 83415– deterioration Reason: Secured Area Landholding Agency: Energy Bldg. TAN–660 Property Number: 41199610017 Georgia Idaho National Engineering Laboratory Status: Unutilized Prop. ID HAR18015 Scoville Co: Butte ID 83415– Reason: Secured Area Hartwell Project Landholding Agency: Energy Bldg. TRA–673 Hartwell Co: GA 30643– Property Number: 41199610007 Idaho National Engineering Laboratory Landholding Agency: COE Status: Unutilized Scoville Co: Butte ID 83415– Property Number: 31200310001 Reason: Secured Area Landholding Agency: Energy Status: Unutilized Bldg. TAN–636 Property Number: 41199610018 Reason: Extensive deterioration Idaho National Engineering Laboratory Status: Unutilized Prop. ID RBR17830 Scoville Co: Butte ID 83415– Reason: Secured Area Russell Dam Dr. Landholding Agency: Energy Bldg. PBF–620 Elberton Co: GA 30635– Property Number: 41199610008 Idaho National Engineering Laboratory Landholding Agency: COE Status: Unutilized Scoville Co: Butte ID 83415– Property Number: 31200310002 Reason: Secured Area Landholding Agency: Energy Status: Unutilized Bldg. TAN–609 Property Number: 41199610019 Reason: Secured Area Idaho National Engineering Laboratory Status: Unutilized Prop. ID RBR17832 Scoville Co: Butte ID 83415– Reason: Secured Area

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Bldg. PBF–616 Idaho Natl Engineering & Environmental Lab Property Number: 31200220002 Idaho National Engineering Laboratory Test Reactor North Status: Excess Scoville Co: Butte ID 83415– Scovile Co: Butte ID 83415– Reason: Extensive deterioration Landholding Agency: Energy Location: TRA 643, 644, 655, 660, 704–706, Storage Bldg. Property Number: 41199610020 755 Rathbun Project Status: Unutilized Landholding Agency: Energy Moravia Co: Appanoose IA 52571– Reason: Secured Area Property Number: 41199830003 Landholding Agency: COE Bldg. PBF–617 Status: Excess Property Number: 31200330001 Idaho National Engineering Laboratory Reasons: Within 2000 ft. of flammable or Status: Excess Scoville Co: Butte ID 83415– explosive material, Secured Area Reason: Extensive deterioration Landholding Agency: Energy Bldg. TAN 616 Bldg. Property Number: 41199610021 Idaho Natl Eng & Env Lab Island View Park Status: Unutilized Scoville Co: Butte ID 83415– Rathbun Project Reason: Secured Area Landholding Agency: Energy Centerville Co: Appanoose IA 52544– Property Number: 41200320007 Bldg. PBF–619 Landholding Agency: COE Status: Excess Idaho National Engineering Laboratory Property Number: 31200330002 Reason: Contamination Scoville Co: Butte ID 83415– Status: Excess Landholding Agency: Energy Illinois Reason: Extensive deterioration Property Number: 41199610022 Calumet Harbor Station Kansas Status: Unutilized U.S. Coast Guard No. 01017 Reason: Secured Area Chicago Co: Cook IL Bldg. PBF–624 Landholding Agency: DOT Kanopolis Project Idaho National Engineering Laboratory Property Number: 87199310005 Marquette Co: Ellsworth KS 67456– Scoville Co: Butte ID 83415– Status: Excess Landholding Agency: COE Landholding Agency: Energy Reason: Secured Area Property Number: 31200210001 Property Number: 41199610023 Status: Unutilized Status: Unutilized Indiana Reason: Extensive deterioration Reason: Secured Area Bldg. 12 No. 01020 Bldg. PBF–625 Naval Air Warfare Kanopolis Project Idaho National Engineering Laboratory Crane Co: Martin IN 47522– Marquette Co: Ellsworth KS 67456– Scoville Co: Butte ID 83415– Landholding Agency: Navy Landholding Agency: COE Landholding Agency: Energy Property Number: 77200330041 Property Number: 31200210002 Property Number: 41199610024 Status: Excess Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Bldg. 2517 No. 61001 Bldg. PBF–629 Naval Air Warfare Kanopolis Project Idaho National Engineering Laboratory Crane Co: Martin IN 47522– Marquette Co: Ellsworth KS 67456– Scoville Co: Butte ID 83415– Landholding Agency: Navy Landholding Agency: COE Landholding Agency: Energy Property Number: 77200330042 Property Number: 31200210003 Property Number: 41199610025 Status: Excess Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Bldg. BH2 Bldg. #1 Bldg. PBF–604 Naval Air Warfare Kanopolis Project Idaho National Engineering Laboratory Crane Co: Martin IN 47522– Marquette Co: Ellsworth KS 67456– Scoville Co: Butte ID 83415– Landholding Agency: Navy Landholding Agency: COE Landholding Agency: Energy Property Number: 77200330043 Property Number: 31200220003 Property Number: 41199610026 Status: Excess Status: Excess Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Bldg. 21, VA Medical Center Bldg. #2 Bldg. TRA–641 East 38th Street Kanopolis Project Idaho National Engineering Laboratory Marion Co: Grant IN 46952– Marquette Co: Ellsworth KS 67456– Scoville Co: Butte ID 83415– Landholding Agency: VA Landholding Agency: COE Landholding Agency: Energy Property Number: 97199230001 Property Number: 31200220004 Property Number: 41199610034 Status: Excess Status: Excess Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Bldg. 22, VA Medical Center Bldg. #4 Bldg. CF–606 East 38th Street Kanopolis Project Idaho National Engineering Laboratory Marion Co: Grant IN 46952– Marquette Co: Ellsworth KS 67456– Scoville Co: Butte ID 83415– Landholding Agency: VA Landholding Agency: COE Landholding Agency: Energy Property Number: 97199230002 Property Number: 31200220005 Property Number: 41199610037 Status: Excess Status: Excess Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Bldg. 62, VA Medical Center Comfort Station TAN 602, 631, 663, 702, 724 East 38th Street Clinton Lake Project Idaho Natl Engineering & Environmental Lab Marion Co: Grant IN 46952– Lawrence Co: Douglas KS 66049– Test Area North Landholding Agency: VA Landholding Agency: COE Scovile Co: Butte ID 83415– Property Number: 97199230003 Property Number: 31200220006 Landholding Agency: Energy Status: Excess Status: Excess Property Number: 41199830002 Reason: Extensive deterioration Reason: Extensive deterioration Status: Excess Iowa Privie Reasons: Within 2000 ft. of flammable or Treatment Plant Perry Lake explosive material, Secured Area, South Fork Park Perry Co: Jefferson KS 66074– Extensive deterioration Mystic Co: Appanoose IA 52574– Landholding Agency: COE 8 Bldgs. Landholding Agency: COE Property Number: 31200310004

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Status: Unutilized Rochester Co: Butler KY 42273– Status: Unutilized Reason: Extensive deterioration Location: Off State Hwy 369, which runs off Reason: Extensive Deterioration Shower of Western Ky. Parkway Fort Popham Light Perry Lake Landholding Agency: COE Phippsburg Co: Sagadahoc ME 04562– Perry Co: Jefferson KS 66073– Property Number: 31199120012 Landholding Agency: DOT Landholding Agency: COE Status: Unutilized Property Number: 87199320024 Property Number: 31200310005 Reason: Floodway Status: Unutilized Status: Unutilized 2 Pit Toilets Reason: Extensive Deterioration Reason: Extensive deterioration Green River Lock and Dam No. 3 Nash Island Light Tool Shed Rochester Co: Butler KY 42273– U.S. Coast Guard Perry Lake Landholding Agency: COE Addison Co: Washington ME 04606– Perry Co: Jefferson KS 66073– Property Number: 31199120013 Landholding Agency: DOT Landholding Agency: COE Status: Unutilized Property Number: 87199420005 Property Number: 31200310006 Reason: Floodway Status: Unutilized Status: Unutilized Dwelling Reason: Inaccessible Reason: Extensive deterioration USCG Shoreside Detachment Bldg.—South Portland Base Bldg. M37 Owensboro Co: Daviess KY U.S. Coast Guard Minooka Park Landholding Agency: DOT S. Portland Co: Cumberland ME 04106– Sylvan Grove Co: Russell KS 67481– Property Number: 87200230010 Landholding Agency: DOT Landholding Agency: COE Status: Unutilized Property Number: 87199420006 Property Number: 31200320002 Reason: Extensive deterioration Status: Unutilized Status: Excess Louisiana Reason: Secured Area Reason: Extensive deterioration Weeks Island Facility Garage—Boothbay Harbor Stat. Boothbay Harbor Co: Lincoln ME 04538– Bldg. M38 New Iberia Co: Iberia Parish LA 70560– Minooka Park Landholding Agency: DOT Landholding Agency: Energy Sylvan Grove Co: Russell KS 67481– Property Number: 87199430001 Property Number: 41199610038 Landholding Agency: COE Status: Unutilized Status: Underutilized Property Number: 31200320003 Reason: Secured Area Reason: Secured Area Status: Excess Maryland Reason: Extensive deterioration Maine Bldgs. 38–39, 41, 43–46, 56 Supply Bldg., Coast Guard Bldg. L19 U.S. Coast Guard Yard Southwest Harbor Lucas Park Baltimore MD 21226– Southwest Harbor Co: Hancock ME 04679– Sylvan Grove Co: Russell KS 67481– Landholding Agency: DOT Landholding Agency: COE 5000 Property Number: 87199540005 Property Number: 31200320004 Landholding Agency: DOT Status: Unutilized Status: Unutilized Property Number: 87199240005 Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Status: Unutilized explosive material, Secured Area, 2 Bldgs. Reason: Floodway Extensive Deterioration Tuttle Creek Lake Base Exchange, Coast Guard Bldg. 53 Near Shelters #3 & #4 Southwest Harbor U.S. Coast Guard Yard Riley Co: KS 66502– Southwest Harbor Co: Hancock ME 04679– Baltimore MD 21226– Landholding Agency: COE 5000 Landholding Agency: DOT Property Number: 31200330003 Landholding Agency: DOT Property Number: 87199540006 Status: Excess Property Number: 87199240006 Status: Unutilized Reason: Extensive deterioration Status: Unutilized Reasons: Within 2000 ft. of flammable or Kentucky Reason: Floodway explosive material, Secured Area, Spring House Engineering Shop, Coast Guard Extensive Deterioration Kentucky River Lock and Dam No. 1 Southwest Harbor Bldg. 6 Highway 320 Southwest Harbor Co: Hancock ME 04679– U.S. Coast Guard Yard, 2401 Hawkins Point Carrollton Co: Carroll KY 41008– 5000 Rd. Landholding Agency: COE Landholding Agency: DOT Baltimore MD 21226–1797 Property Number: 21199040416 Property Number: 87199240007 Landholding Agency: DOT Status: Unutilized Status: Unutilized Property Number: 87199620001 Reason: Spring House Reason: Floodway Status: Excess 6-Room Dwelling Storage Bldg., Coast Guard Reasons: Within 2000 ft. of flammable or Green River Lock and Dam No. 3 Southwest Harbor explosive material, Secured Area Rochester Co: Butler KY 42273– Southwest Harbor Co: Hancock ME 04679– Bldg. 59 Location: Off State Hwy 369, which runs off 5000 U.S. Coast Guard Yard, 2401 Hawkins Point of Western Ky. Parkway Landholding Agency: DOT Rd. Landholding Agency: COE Property Number: 87199240008 Baltimore MD 21226–1797 Property Number: 31199120010 Status: Unutilized Landholding Agency: DOT Status: Unutilized Reason: Floodway Property Number: 87199620002 Reason: Floodway Squirrel Point Light Status: Excess 2-Car Garage U.S. Coast Guard Reasons: Within 2000 ft. of flammable or Green River Lock and Dam No. 3 Phippsburg Co: Sayadahoc ME 04530– explosive material, Secured Area Rochester Co: Butler KY 42273– Landholding Agency: DOT 5 Bldgs. Location: Off State Hwy 369, which runs off Property Number: 87199240032 USCG Yard of Western Ky. Parkway Status: Unutilized #9, 21, 23, 52, 57 Landholding Agency: COE Reason: Floodway Baltimore Co: MD 21226– Property Number: 31199120011 Keepers Dwelling Landholding Agency: DOT Status: Unutilized Heron Neck Light, U.S. Coast Guard Property Number: 87200120002 Reason: Floodway Vinalhaven Co: Knox ME 04841– Status: Unutilized Office and Warehouse Landholding Agency: DOT Reason: Extensive Deterioration Green River Lock and Dam No. 3 Property Number: 87199240035 Bldg. #81

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U.S. Coast Guard YARD Manistee Co: MI 49660– Osceola Co: St. Clair MO 64776– Baltimore Co: Baltimore MD 21226– Landholding Agency: DOT Landholding Agency: COE Landholding Agency: DOT Property Number: 87200120004 Property Number: 31200110001 Property Number: 87200210001 Status: Unutilized Status: Unutilized Status: Underutilized Reasons: Floodway, Secured Area Reason: Extensive deterioration Reason: Secured Area Shed/Pump Bldg. Privy/Nemo Park Bldg. #85 USCG Station Pomme de Terre Lake U.S. Coast Guard YARD Manistee Co: MI 49660– Hermitage Co: MO 65668– Baltimore Co: Baltimore MD 21226– Landholding Agency: DOT Landholding Agency: COE Landholding Agency: DOT Property Number: 87200120005 Property Number: 31200120001 Property Number: 87200210002 Status: Unutilized Status: Excess Status: Underutilized Reasons: Floodway, Secured Area Reason: Extensive deterioration Reason: Secured Area Storage Bldg. Privy No. 1/Bolivar Park Bldg. #86 USCG Station Pomme de Terre Lake U.S. Coast Guard YARD Manistee Co: MI 49660– Hermitage Co: MO 65668– Baltimore Co: Baltimore MD 21226– Landholding Agency: DOT Landholding Agency: COE Landholding Agency: DOT Property Number: 87200120006 Property Number: 31200120002 Property Number: 87200210003 Status: Unutilized Status: Excess Status: Underutilized Reasons: Floodway, Secured Area Reason: Extensive deterioration Reason: Secured Area Station/boathouse Bldg. Privy No. 2/Bolivar Park Bldg. #86D USCG Harbor Beach Station Pomme de Terre Lake U.S. Coast Guard YARD Harbor Beach Co: Huron MI 48441– Hermitage Co: MO 65668– Baltimore Co: Baltimore MD 21226– Landholding Agency: DOT Landholding Agency: COE Landholding Agency: DOT Property Number: 87200130001 Property Number: 31200120003 Property Number: 87200210004 Status: Unutilized Status: Excess Status: Underutilized Reasons: Floodway, Extensive deterioration Reason: Extensive deterioration Reason: Secured Area Buoy Shed #07004, 60006, 60007 Bldg. #149 U.S. Coast Guard Station Crabtree Cove/Stockton Area U.S. Coast Guard YARD Sault Ste. Marie Co: Chippewa MI 49783– Stockton Co: MO 65785– Baltimore Co: Baltimore MD 21226– 9501 Landholding Agency: COE Landholding Agency: DOT Landholding Agency: DOT Property Number: 31200220007 Property Number: 87200210005 Property Number: 87200320001 Status: Excess Status: Underutilized Status: Excess Reason: Extensive deterioration Reason: Secured Area Reason: Secured Area Bldg. Massachusetts Warehouse Bldg. Old Mill Park Area U.S. Coast Guard Bldg. 4, USCG Support Center Stockton Co: MO 65785– Charlevoix Co: MI 49720– Commercial Street Landholding Agency: COE Landholding Agency: DOT Boston Co: Suffolk MA 02203– Property Number: 31200310007 Property Number: 87200320002 Landholding Agency: DOT Status: Excess Status: Excess Property Number: 87199240001 Reason: Extensive deterioration Reason: Secured Area Status: Underutilized Stockton Lake Proj. Ofc. Reason: Secured Area Mississippi Stockton Co: Cedar MO 65785– Eastern Point Light Natchez Moorings Landholding Agency: COE U.S. Coast Guard 82 L.E. Berry Road Property Number: 31200330004 Gloucester Co: Essex MA 01930– Natchez Co: Adams MS 39121– Status: Unutilized Landholding Agency: DOT Landholding Agency: DOT Reason: Extensive deterioration Property Number: 87199240029 Property Number: 87199340002 Nebraska Status: Unutilized Status: Unutilized Reasons: Floodway, Secured Area Reason: Extensive deterioration Vault Toilets Harlan County Project Storage Shed Bldg. 6, Boiler Plant Republican Co: NE 68971– Highland Light Biloxi VA Medical Center Landholding Agency: COE N. Truro Co: Barnstable MA 02652– Gulfport Co: Harrison MS 39531– Property Number: 31200210006 Location: DeSoto Johnson KS 66018– Landholding Agency: VA Status: Unutilized Landholding Agency: DOT Property Number: 97199410001 Reason: Extensive deterioration Property Number: 87199430004 Status: Unutilized Status: Unutilized Reason: Floodway Patterson Treatment Plant Reason: Extensive deterioration Harlan County Project Bldg. 67 Republican Co: NE 68971– Westview Street Wells Biloxi VA Medical Center Landholding Agency: COE Lexington Co: MA 02173– Gulfport Co: Harrison MS 39531– Property Number: 31200210007 Landholding Agency: VA Landholding Agency: VA Status: Unutilized Property Number: 97199920001 Property Number: 97199410008 Reason: Extensive deterioration Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration #30004 Harlan County Project Michigan Bldg. 68 Republican Co: Harlan NE 68971– Biloxi VA Medical Center Station Bldg. Landholding Agency: COE Gulfport Co: Harrison MS 39531– USCG Station Property Number: 31200220008 Landholding Agency: VA Manistee Co: MI 49660– Status: Unutilized Property Number: 97199410009 Landholding Agency: DOT Reason: Extensive deterioration Status: Unutilized Property Number: 87200120003 Reason: Extensive deterioration #3005, 3006 Status: Unutilized Harlan County Project Reasons: Floodway, Secured Area Missouri Republican Co: Harlan NE 68971– Garage Bldg. Rec Office Landholding Agency: COE USCG Station Harry S. Truman Dam & Reservoir Property Number: 31200220009

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Status: Unutilized Reason: Secured Area Cape May Co: NJ 08204– Reason: Extensive deterioration Quarters C Landholding Agency: DOT Nevada USCG Training Center Property Number: 87200310003 Cape May Co: NJ 08204–5002 Status: Excess 28 Facilities Landholding Agency: DOT Reasons: Secured Area, Extensive Nevada Test Site Property Number: 87200120012 deterioration Mercury Co: Nye NV 89023– Status: Excess Bldg. 022 Landholding Agency: Energy Reason: Secured Area Coast Guard Training Center Property Number: 41200310018 Cape May Co: NJ 08204– Status: Excess Central Heating Plant Landholding Agency: DOT Reasons: contamination, Secured Area USCG Training Center Cape May Co: NJ 08204–5002 Property Number: 87200310004 Air Traffic Control Tower Landholding Agency: DOT Status: Excess Perimeter Road Property Number: 87200120013 Reasons: Secured Area, Extensive Las Vegas Co: NV Status: Excess deterioration Landholding Agency: DOT Reason: Secured Area Bldg. 192 Property Number: 87200310002 Coast Guard Training Center Status: Unutilized Hangar/Shop Cape May Co: NJ 08204– Reason: Within airport runway clear zone USCG Training Center Cape May Co: NJ 08204–5002 Landholding Agency: DOT New Jersey Landholding Agency: DOT Property Number: 87200310005 Piers and Wharf Property Number: 87200120014 Status: Excess Station Sandy Hook Status: Excess Reasons: Secured Area, Extensive Highlands Co: Monmouth NJ 07732–5000 Reason: Secured Area deterioration Landholding Agency: DOT Bldg. 195 Bldg. 193 Property Number: 87199240009 U.S. Coast Guard Coast Guard Training Center Status: Unutilized Cape May Co: NJ 08204–5002 Cape May Co: NJ 08204– Reasons: Secured Area, Extensive Landholding Agency: DOT Landholding Agency: DOT deterioration Property Number: 87200220001 Property Number: 87200310006 Chapel Hill Front Range Light Tower Status: Excess Status: Excess Middletown Co: Monmouth NJ 07748– Reason: Secured Area Reasons: Secured Area, Extensive deterioration Landholding Agency: DOT Bldg. 204 Property Number: 87199440002 U.S. Coast Guard Bldg. 207 Status: Unutilized Cape May Co: NJ 08204–5002 Coast Guard Training Center Reason: Skeletal tower Landholding Agency: DOT Cape May Co: NJ 08204– Bldg. 103 Property Number: 87200220002 Landholding Agency: DOT U.S. Coast Guard Station Sandy Hook Status: Excess Property Number: 87200310007 Middleton Co: Monmouth NJ 07737– Reason: Secured Area Status: Excess Reasons: Secured Area, Extensive Landholding Agency: DOT Bldg. 208 deterioration Property Number: 87199610002 U.S. Coast Guard Status: Unutilized Cape May Co: NJ 08204–5002 New Mexico Reason: Secured Area Landholding Agency: DOT Bldgs. 9252, 9268 Ship Stg. Bldg. Property Number: 87200220003 Kirtland Air Force Base USCG Training Center Status: Excess Albuquerque Co: Bernalillo NM 87185– Cape May Co: NJ 08204–5002 Reason: Secured Area Landholding Agency: Energy Landholding Agency: DOT Bldg. 209 Property Number: 41199430002 Property Number: 87200110018 U.S. Coast Guard Status: Unutilized Status: Excess Cape May Co: NJ 08204–5002 Reason: Extensive deterioration Reason: Secured Area Landholding Agency: DOT Tech Area II Exchange Whse. Property Number: 87200220004 Kirtland Air Force Base USCG Training Center Status: Excess Albuquerque Co: Bernalillo NM 87105– Cape May Co: NJ 08204–5002 Reason: Secured Area Landholding Agency: Energy Landholding Agency: DOT Sheds OV1, OV2, OV3 Property Number: 41199630004 Property Number: 87200110019 U.S. Coast Guard Status: Unutilized Status: Excess Shark River Reasons: Within 2000 ft. of flammable or Reason: Secured Area Avon by the Sea Co: Monmouth NJ 13640– explosive material, Secured Area, Patrol Boat Bldg. Landholding Agency: DOT Extensive deterioration USCG Training Center Property Number: 87200240001 Bldg. 1, TA–33 Cape May Co: NJ 08204–5002 Status: Unutilized Los Alamos National Laboratory Landholding Agency: DOT Reason: Secured Area Los Alamos NM 87545– Property Number: 87200110020 Unit 13 Landholding Agency: Energy Status: Excess USCG Station Barnegat Light Property Number: 41199810001 Reason: Secured Area Station Barnegat Co: Ocean NJ Status: Unutilized Station Bldg. Landholding Agency: DOT Reasons: Secured Area, Extensive USCG Training Center Property Number: 87200240002 deterioration Cape May Co: NJ 08204–5002 Status: Unutilized Bldg. 2, TA–33 Landholding Agency: DOT Reason: Secured Area Los Alamos National Laboratory Property Number: 87200110021 Units 9–12 Los Alamos NM 87545– Status: Excess USCG Station Barnegat Light Landholding Agency: Energy Reason: Secured Area Station Barnegat Co: Ocean NJ Property Number: 41199810002 ANT Bldg. Landholding Agency: DOT Status: Unutilized USCG Training Center Property Number: 87200240003 Reasons: Secured Area, Extensive Cape May Co: NJ 08204–5002 Status: Unutilized deterioration Landholding Agency: DOT Reason: Secured Area Bldg. 24, TA–33 Property Number: 87200110022 Bldg. 019 Los Alamos National Laboratory Status: Excess Coast Guard Training Center Los Alamos NM 87545–

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Landholding Agency: Energy Los Alamos NM 87545– Bldg. 18, TA–16 Property Number: 41199810003 Landholding Agency: Energy Los Alamos National Lab Status: Unutilized Property Number: 41199810015 Los Alamos NM 87545– Reasons: Secured Area, Extensive Status: Unutilized Landholding Agency: Energy deterioration Reason: Secured Area Property Number: 41199840001 Bldg. 26, TA–33 Bldg. 286, TA–21 Status: Unutilized Los Alamos National Laboratory Los Alamos National Laboratory Reasons: Secured Area, Extensive Los Alamos NM 87545– Los Alamos NM 87545– deterioration Landholding Agency: Energy Landholding Agency: Energy Bldg. 31 Property Number: 41199810004 Property Number: 41199810016 Los Alamos National Lab Status: Unutilized Status: Unutilized Los Alamos Co: NM 87545– Reasons: Secured Area, Extensive Reason: Secured Area Landholding Agency: Energy deterioration Bldg. 63, TA–16 Property Number: 41199930003 Bldg. 86, TA–33 Los Alamos National Laboratory Status: Unutilized Los Alamos National Laboratory Los Alamos NM 87545– Reasons: Secured Area, Extensive Los Alamos NM 87545– Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41199810019 Bldg. 4, TA–2 Property Number: 41199810005 Status: Unutilized Los Alamos National Lab Status: Unutilized Reasons: Within 2000 ft. of flammable or Los Alamos Co: NM 87545– Reasons: Secured Area, Extensive explosive material, Extensive deterioration Landholding Agency: Energy Property Number: 41199930004 deterioration Bldg. 515, TA–16 Status: Unutilized Bldg. 88, TA–33 Los Alamos National Laboratory Reason: Secured Area Los Alamos National Laboratory Los Alamos NM 87545– Los Alamos NM 87545– Landholding Agency: Energy Bldg. 50, TA–2 Landholding Agency: Energy Property Number: 41199810020 Los Alamos National Lab Property Number: 41199810006 Status: Unutilized Los Alamos Co: NM 87545– Status: Unutilized Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Reasons: Secured Area, Extensive explosive material, Secured Area, Property Number: 41199930005 deterioration Extensive deterioration Status: Unutilized Reason: Secured Area Bldg. 89, TA–33 Bldg. 516, TA–16 Los Alamos National Laboratory Los Alamos National Laboratory Bldg. 88, TA–2 Los Alamos NM 87545– Los Alamos NM 87545– Los Alamos National Lab Landholding Agency: Energy Landholding Agency: Energy Los Alamos Co: NM 87545– Property Number: 41199810007 Property Number: 41199810021 Landholding Agency: Energy Status: Unutilized Status: Unutilized Property Number: 41199930006 Reasons: Secured Area, Extensive Reasons: Within 2000 ft. of flammable or Status: Unutilized deterioration explosive material, Secured Area, Reason: Secured Area Bldg. 2, TA–21 Extensive deterioration Bldg. 89, TA–2 Los Alamos National Laboratory Bldg. 517, TA–16 Los Alamos National Lab Los Alamos NM 87545– Los Alamos National Laboratory Los Alamos Co: NM 87545– Landholding Agency: Energy Landholding Agency: Energy Los Alamos NM 87545– Property Number: 41199930007 Property Number: 41199810008 Landholding Agency: Energy Status: Unutilized Status: Underutilized Property Number: 41199810022 Reason: Secured Area Reason: Secured Area Status: Unutilized Bldg. 5, TA–21 Reasons: Within 2000 ft. of flammable or Bldg. 21, TA–2 Los Alamos National Laboratory explosive material, Secured Area, Los Alamos National Lab Los Alamos NM 87545– Extensive deterioration Los Alamos Co: NM 87545– Landholding Agency: Energy Landholding Agency: Energy Bldg. 518, TA–16 Property Number: 41199940001 Property Number: 41199810011 Los Alamos National Laboratory Status: Unutilized Status: Unutilized Los Alamos NM 87545– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 21, TA–21 Property Number: 41199810023 Bldg. 57, TA–2 Los Alamos National Laboratory Status: Unutilized Los Alamos National Lab Los Alamos NM 87545– Reasons: Within 2000 ft. of flammable or Los Alamos Co: NM 87545– Landholding Agency: Energy explosive material, Secured Area, Landholding Agency: Energy Property Number: 41199810012 Extensive deterioration Property Number: 41199940002 Status: Unutilized Status: Unutilized Bldg. 519, TA–16 Reason: Secured Area Reason: Secured Area Los Alamos National Laboratory Bldg. 116, TA–21 Los Alamos NM 87545– Bldg. 28, TA–8 Los Alamos National Laboratory Landholding Agency: Energy Los Alamos National Lab Los Alamos NM 87545– Property Number: 41199810024 Los Alamos Co: NM 87545– Landholding Agency: Energy Status: Unutilized Landholding Agency: Energy Property Number: 41199810013 Reasons: Within 2000 ft. of flammable or Property Number: 41199940003 Status: Unutilized explosive material, Secured Area, Status: Unutilized Reason: Secured Area Extensive deterioration Reason: Secured Area Bldg. 212, TA–21 Bldg. 520, TA–16 Bldg. 38, TA–14 Los Alamos National Laboratory Los Alamos National Laboratory Los Alamos National Lab Los Alamos NM 87545– Los Alamos NM 87545– Los Alamos Co: NM 87545– Landholding Agency: Energy Landholding Agency: Energy Landholding Agency: Energy Property Number: 41199810014 Property Number: 41199810025 Property Number: 41199940004 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area Reasons: Within 2000 ft. of flammable or Reasons: Secured Area, Extensive Bldg. 228, TA–21 explosive material, Secured Area, deterioration Los Alamos National Laboratory Extensive deterioration Bldg. 8, TA–15

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Los Alamos National Lab Bldg. 44, TA–36 Landholding Agency: Energy Los Alamos Co: NM 87545– Los Alamos National Lab Property Number: 41200010012 Landholding Agency: Energy Los Alamos Co: NM 87545– Status: Unutilized Property Number: 41199940005 Landholding Agency: Energy Reasons: Secured Area, Extensive Status: Unutilized Property Number: 41199940015 deterioration Reasons: Secured Area, Extensive Status: Unutilized TA–6, Bldg. 3 deterioration Reasons: Secured Area, Extensive Los Alamos National Lab Bldg. 9, TA–15 deterioration Los Alamos Co: NM 87545– Los Alamos National Lab Bldg. 45, TA–36 Landholding Agency: Energy Los Alamos Co: NM 87545– Los Alamos National Lab Property Number: 41200010013 Landholding Agency: Energy Los Alamos Co: NM 87545– Status: Unutilized Property Number: 41199940006 Landholding Agency: Energy Reasons: Secured Area, Extensive Status: Unutilized Property Number: 41199940016 deterioration Reason: Secured Area Status: Unutilized TA–6, Bldg. 5 Bldg. 22, TA–15 Reasons: Secured Area, Extensive Los Alamos National Lab Los Alamos National Lab deterioration Los Alamos Co: NM 87545– Los Alamos Co: NM 87545– Bldg. 19, TA–40 Landholding Agency: Energy Landholding Agency: Energy Los Alamos National Lab Property Number: 41200010014 Property Number: 41199940007 Los Alamos Co: NM 87545– Status: Unutilized Status: Unutilized Landholding Agency: Energy Reasons: Secured Area, Extensive Reason: Secured Area Property Number: 41199940017 deterioration Bldg. 141, TA–15 Status: Unutilized TA–6, Bldg. 6 Los Alamos National Lab Reasons: Secured Area, Extensive Los Alamos National Lab Los Alamos Co: NM 87545– deterioration Los Alamos Co: NM 87545– Landholding Agency: Energy Bldg. 43, TA–40 Landholding Agency: Energy Property Number: 41199940008 Los Alamos National Lab Property Number: 41200010015 Status: Unutilized Los Alamos Co: NM 87545– Status: Unutilized Reason: Secured Area Landholding Agency: Energy Reason: Secured Area Bldg. 44, TA–15 Property Number: 41199940018 TA–6, Bldg. 7 Los Alamos National Lab Status: Unutilized Los Alamos National Lab Los Alamos Co: NM 87545– Reasons: Secured Area, Extensive Los Alamos Co: NM 87545– Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41199940009 Bldg. 258, TA–46 Property Number: 41200010016 Status: Unutilized Los Alamos National Lab Status: Unutilized Reason: Secured Area Los Alamos Co: NM 87545– Reason: Secured Area Bldg. 2, TA–18 Landholding Agency: Energy TA–6, Bldg. 8 Los Alamos National Lab Property Number: 41199940019 Los Alamos National Lab Los Alamos Co: NM 87545– Status: Unutilized Los Alamos Co: NM 87545– Landholding Agency: Energy Reasons: Secured Area, Extensive Landholding Agency: Energy Property Number: 41199940010 deterioration Property Number: 41200010017 Status: Unutilized TA–2, Bldg. 1 Status: Unutilized Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive deterioration Los Alamos National Lab Los Alamos Co: NM 87545– deterioration Bldg. 5, TA–18 Landholding Agency: Energy TA–6, Bldg. 9 Los Alamos National Lab Property Number: 41200010008 Los Alamos National Lab Los Alamos Co: NM 87545– Status: Unutilized Los Alamos Co: NM 87545– Landholding Agency: Energy Reason: Secured Area Landholding Agency: Energy Property Number: 41199940011 Property Number: 41200010018 Status: Unutilized TA–2, Bldg. 44 Status: Unutilized Reasons: Secured Area, Extensive Los Alamos National Lab Reason: Secured Area deterioration Los Alamos Co: NM 87545– Landholding Agency: Energy TA–14, Bldg. 5 Bldg. 186, TA–18 Property Number: 41200010009 Los Alamos National Lab Los Alamos National Lab Status: Unutilized Los Alamos Co: NM 87545– Los Alamos Co: NM 87545– Reasons: Secured Area, Extensive Landholding Agency: Energy Landholding Agency: Energy Property Number: 41199940012 deterioration Property Number: 41200010019 Status: Unutilized TA–3, Bldg. 208 Status: Unutilized Reasons: Secured Area, Extensive Los Alamos National Lab Reason: Secured Area deterioration Los Alamos Co: NM 87545– TA–21, Bldg. 150 Bldg. 188, TA–18 Landholding Agency: Energy Los Alamos National Lab Los Alamos National Lab Property Number: 41200010010 Los Alamos Co: NM 87545– Los Alamos Co: NM 87545– Status: Unutilized Landholding Agency: Energy Landholding Agency: Energy Reasons: Secured Area, Extensive Property Number: 41200010020 Property Number: 41199940013 deterioration Status: Unutilized Status: Unutilized TA–6, Bldg. 1 Reason: Secured Area Reasons: Secured Area, Extensive Los Alamos National Lab Bldg. 149, TA–21 deterioration Los Alamos Co: NM 87545– Los Alamos National Lab Bldg. 254, TA–21 Landholding Agency: Energy Los Alamos Co: NM 87545– Los Alamos National Lab Property Number: 41200010011 Landholding Agency: Energy Los Alamos Co: NM 87545– Status: Unutilized Property Number: 41200010024 Landholding Agency: Energy Reasons: Secured Area, Extensive Status: Unutilized Property Number: 41199940014 deterioration Reason: Secured Area Status: Unutilized TA–6, Bldg. 2 Bldg. 312, TA–21 Reasons: Secured Area, Extensive Los Alamos National Lab Los Alamos National Lab deterioration Los Alamos Co: NM 87545– Los Alamos Co: NM 87545–

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Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010025 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 340, TA–16 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200020023 Bldg. 313, TA–21 Los Alamos Co: NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos Co: NM 87545– Property Number: 41200020011 Bldg. 37, TA–53 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010026 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 341, TA–16 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200020024 Bldg. 314, TA–21 Los Alamos Co: NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos Co: NM 87545– Property Number: 41200020012 Bldg. 121, TA–49 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010027 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 342, TA–16 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200020025 Bldg. 315, TA–21 Los Alamos Co: NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos Co: NM 87545– Property Number: 41200020013 Bldg. 30, TA–21 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010028 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 343, TA–16 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200040001 Bldg. 1, TA–8 Los Alamos Co: NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos Co: NM 87545– Property Number: 41200020014 Bldg. 152 TA–21 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010029 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 345, TA–16 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200040002 Bldg. 2, TA–8 Los Alamos Co: NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos Co: NM 87545– Property Number: 41200020015 Bldg. 105, TA–3 Landholding Agency: Energy Status: Unutilized Los Alamos Natl Lab Property Number: 41200010030 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 16, TA–21 Landholding Agency: Energy Reasons: Secured Area, Extensive Los Alamos National Lab Property Number: 41200120007 deterioration Los Alamos Co: NM 87545– Status: Excess Bldg. 3, TA–8 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200020016 Bldg. 452, TA–3 Los Alamos Co: NM 87545– Status: Unutilized Los Alamos Natl Lab Landholding Agency: Energy Reason: Secured Area Los Alamos Co: NM 87545– Property Number: 41200020001 Bldg. 48, TA–55 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200120008 Reasons: Secured Area, Extensive Los Alamos Co: NM 87545– Status: Excess deterioration Landholding Agency: Energy Reason: Secured Area Bldg. 51, TA–9 Property Number: 41200020017 5 Bldgs. Los Alamos National Lab Status: Unutilized Kirtland AFB Los Alamos Co: NM 87545– Reason: Secured Area Sandia Natl Lab Landholding Agency: Energy Bldg. 125, TA–55 Albuquerque Co: Bernalillo NM 87185– Property Number: 41200020002 Los Alamos National Lab Location: 9927, 9970, 6730, 6731, 6555 Status: Unutilized Los Alamos Co: NM 87545– Landholding Agency: Energy Reason: Secured Area Landholding Agency: Energy Property Number: 41200210014 Bldg. 30, TA–14 Property Number: 41200020018 Status: Excess Los Alamos National Lab Status: Unutilized Reason: Extensive deterioration Los Alamos Co: NM 87545– Reason: Secured Area 6 Bldgs. Landholding Agency: Energy Bldg. 162, TA–55 Kirtland AFB Property Number: 41200020003 Los Alamos National Lab Sandia Natl Lab Status: Unutilized Los Alamos Co: NM 87545– Albuquerque Co: Bernalillo NM 87185– Reason: Secured Area Landholding Agency: Energy Location: 6725, 841, 884, 892, 893, 9800 Bldg. 16, TA–3 Property Number: 41200020019 Landholding Agency: Energy Los Alamos National Lab Status: Unutilized Property Number: 41200210015 Los Alamos Co: NM 87545– Reason: Secured Area Status: Excess Landholding Agency: Energy Bldg. 22, TA–33 Reason: Extensive deterioration Property Number: 41200020009 Los Alamos National Lab TA–53, Bldg. 61 Status: Unutilized Los Alamos Co: NM 87545– Los Alamos National Lab Reason: Secured Area Landholding Agency: Energy Los Alamos Co: NM 87545– Bldg. 339, TA–16 Property Number: 41200020022 Landholding Agency: Energy Los Alamos National Lab Status: Unutilized Property Number: 41200220023 Los Alamos Co: NM 87545– Reasons: Secured Area, Extensive Status: Unutilized Landholding Agency: Energy deterioration Reason: Extensive deterioration Property Number: 41200020010 Bldg. 23, TA–49 TA–53, Bldg. 63

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Los Alamos National Lab Property Number: 41200240004 Status: Unutilized Los Alamos Co: NM 87545– Status: Unutilized Reason: Extensive deterioration Landholding Agency: Energy Reason: Secured Area Bldg. 606, Fort Totten Property Number: 41200220024 Bldg. 4, TA–41 New York Co: Queens NY 11359– Status: Unutilized Los Alamos National Lab Landholding Agency: DOT Reason: Extensive deterioration Los Alamos Co: NM 87545– Property Number: 87199240020 TA–53, Bldg. 65 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200240005 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 607, Fort Totten Landholding Agency: Energy Reason: Secured Area New York Co: Queens NY 11359– Property Number: 41200220025 Bldg. 16, TA–41 Landholding Agency: DOT Status: Unutilized Los Alamos National Lab Property Number: 87199240021 Reason: Extensive deterioration Los Alamos Co: NM 87545– Status: Unutilized Bldg. B117 Landholding Agency: Energy Reasons: Extensive deterioration, Secured Kirtland Operations Property Number: 41200240006 Area Albuquerque Co: Bernalillo NM 87117– Status: Unutilized Bldg. 605, Fort Totten Landholding Agency: Energy Reason: Secured Area New York Co: Queens NY 11359– Property Number: 41200220032 Bldg. 30, TA–41 Landholding Agency: DOT Status: Excess Los Alamos National Lab Property Number: 87199240022 Reason: Extensive deterioration Los Alamos Co: NM 87545– Status: Unutilized Bldg. B118 Landholding Agency: Energy Reasons: Extensive deterioration, Secured Kirtland Operations Property Number: 41200240007 Area Albuquerque Co: Bernalillo NM 87117– Status: Unutilized Eatons Neck Station Landholding Agency: Energy Reason: Secured Area U.S. Coast Guard Property Number: 41200220033 Bldg. 53, TA–41 Huntington Co: Suffolk NY 11743– Status: Excess Los Alamos National Lab Landholding Agency: DOT Reason: Extensive deterioration Los Alamos Co: NM 87545– Property Number: 87199310003 Bldg. B119 Landholding Agency: Energy Status: Unutilized Kirtland Operations Property Number: 41200240008 Reasons: Secured Area, Extensive Albuquerque Co: Bernalillo NM 87117– Status: Unutilized deterioration Landholding Agency: Energy Reason: Secured Area Bldg. 517, USCG Support Center Property Number: 41200220034 Bldg. 2, TA–33 Governors Island Co: Manhattan NY 10004– Status: Excess Los Alamos National Lab Landholding Agency: DOT Reason: Extensive deterioration Los Alamos Co: NM 87545– Property Number: 87199320025 Bldg. 6721 Landholding Agency: Energy Status: Unutilized Kirtland AFB Property Number: 41200310001 Reason: Secured Area Albuquerque Co: Bernalillo NM 87185– Status: Unutilized Bldg. 138 Landholding Agency: Energy Reasons: Secured Area, Extensive U.S. Coast Guard Support Center Property Number: 41200220042 deterioration Governors Island Co: Manhattan NY 10004– Status: Unutilized Bldgs. 228, 286, TA–21 Landholding Agency: DOT Reason: Extensive deterioration Los Alamos National Lab Property Number: 87199410003 6 Bldgs. Los Alamos Co: NM 87545– Status: Unutilized Kirtland Air Force Base #852, 874, 9939A, Landholding Agency: Energy Reason: Secured Area 6536, 6636, 833A Property Number: 41200310002 Bldg. 830 Albuquerque Co: NM 87185– Status: Unutilized U.S. Coast Guard Landholding Agency: Energy Reason: Secured Area Governors Island Co: Manhattan NY 10004– Property Number: 41200230001 Bldg. 116, TA–21 Landholding Agency: DOT Status: Excess Los Alamos National Lab Property Number: 87199420004 Reason: Secured Area Los Alamos Co: NM 87545– Status: Unutilized Bldg. 805 Landholding Agency: Energy Reason: Secured Area Kirtland Air Force Base Property Number: 41200310003 Bldg. 8 Albuquerque Co: Bernalillo NM 87185– Status: Unutilized Rosebank—Coast Guard Housing Landholding Agency: Energy Reason: Secured Area Staten Island Co: Richmond NY 10301– Property Number: 41200240001 Landholding Agency: DOT Bldgs. 1, 2, 3, 4, 5, TA–28 Status: Unutilized Property Number: 87199530009 Los Alamos National Lab Reason: Secured Area Status: Unutilized Los Alamos Co: NM 87545– Reason: Secured Area Bldg. 8898 Landholding Agency: Energy Kirtland Air Force Base Property Number: 41200310004 Bldg. 7 Albuquerque Co: Bernalillo NM 87185– Status: Unutilized Rosebank—Coast Guard Housing Landholding Agency: Energy Reason: Secured Area Staten Island Co: Richmond NY 10301– Property Number: 41200240002 Landholding Agency: DOT Status: Unutilized New York Property Number: 87199530010 Reason: Secured Area Warehouse Status: Unutilized 8 Bldgs., TA–16 Whitney Lake Project Reasons: Secured Area, Extensive Los Alamos National Lab 195, 220–226 Whitney Point Co: Broome NY 13862–0706 deterioration Los Alamos Co: NM 87545– Landholding Agency: COE Landholding Agency: Energy Property Number: 31199630007 Bldg. 222 Property Number: 41200240003 Status: Unutilized Fort Wadsworth Status: Unutilized Reason: Extensive deterioration Staten Island Co: Richmond NY 10305– Reason: Secured Area 2 Buildings Landholding Agency: DOT Bldg. 2, TA–11 Ant Saugerties Property Number: 87199620003 Los Alamos National Lab Saugerties Co: Ulster NY 12477– Status: Unutilized Los Alamos Co: NM 87545– Landholding Agency: DOT Reason: Secured Area Landholding Agency: Energy Property Number: 87199230005 Bldg. 223

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Fort Wadsworth Property Number: 87199240019 Buxton Annex, Anna May Court Staten Island Co: Richmond NY 10305– Status: Unutilized Buxton Co: Dare NC 27920– Landholding Agency: DOT Reason: Secured Area Landholding Agency: DOT Property Number: 87199620004 Bldg. 54 Property Number: 87199530017 Status: Unutilized Group Cape Hatteras Status: Unutilized Reason: Secured Area Buxton Co: Dare NC 27902–0604 Reason: Floodway Bldg. 205 Landholding Agency: DOT Unit #76 Fort Wadsworth Property Number: 87199340004 Buxton Annex, Anna May Court Staten Island Co: Richmond NY 10305– Status: Unutilized Buxton Co: Dare NC 27920– Landholding Agency: DOT Reason: Secured Area Landholding Agency: DOT Property Number: 87199620005 Bldg. 83 Property Number: 87199530018 Status: Unutilized Group Cape Hatteras Status: Unutilized Reason: Secured Area Buxton Co: Dare NC 27902–0604 Reason: Floodway Bldg. 9 Landholding Agency: DOT Unit #68 U.S. Coast Guard—Rosebank Property Number: 87199340005 Buxton Annex, Anna May Court Staten Island Co: Richmond NY 10301– Status: Unutilized Buxton Co: Dare NC 27920– Landholding Agency: DOT Reason: Secured Area Landholding Agency: DOT Property Number: 87199630027 Water Tanks Property Number: 87199530019 Status: Excess Group Cape Hatteras Status: Unutilized Reason: Secured Area Buxton Co: Dare NC 27902–0604 Reason: Floodway Bldg. 10 Landholding Agency: DOT Unit #69 U.S. Coast Guard—Rosebank Property Number: 87199340006 Buxton Annex, Anna May Court Staten Island Co: Richmond NY 10301– Status: Unutilized Buxton Co: Dare NC 27920– Landholding Agency: DOT Reason: Secured Area Landholding Agency: DOT Property Number: 87199630028 USCG Gentian (WLB 290) Property Number: 87199530020 Status: Excess Fort Macon State Park Status: Unutilized Reason: Secured Area Atlantic Beach Co: Carteret NC 27601– Reason: Floodway Bldg. 206, Rosebank Landholding Agency: DOT Unit #70 Staten Island Co: Richmond NY 10301– Property Number: 87199420007 Buxton Annex, Anna May Court Landholding Agency: DOT Status: Excess Buxton Co: Dare NC 27920– Property Number: 87199630029 Reason: Secured Area Landholding Agency: DOT Status: Excess Unit #71 Property Number: 87199530021 Reason: Secured Area Buxton Annex, Cape Kendrick Circle Status: Unutilized Reason: Floodway Bldg. OG2 Buxton Co: Dare NC 27920– Coast Guard Station Landholding Agency: DOT Unit #77 Alexandria Bay Co: Jefferson NY 13640– Property Number: 87199530011 Buxton Annex, Old Lighthouse Road Landholding Agency: DOT Status: Unutilized Buxton Co: Dare NC 27920– Property Number: 87200210021 Reason: Floodway Landholding Agency: DOT Status: Unutilized Unit #72 Property Number: 87199530022 Reason: Secured Area Buxton Annex, Cape Kendrick Circle Status: Unutilized Buxton Co: Dare NC 27920– Reason: Floodway North Carolina Landholding Agency: DOT Unit #78 Prop. ID WKS20350 Property Number: 87199530012 Buxton Annex, Old Lighthouse Road Scott Reservoir Project Status: Unutilized Buxton Co: Dare NC 27920– Wilkesboro Co: NC 28697–7462 Reason: Floodway Landholding Agency: DOT Landholding Agency: COE Unit #73 Property Number: 87199530023 Property Number: 31200310008 Buxton Annex, Cape Kendrick Circle Status: Unutilized Status: Unutilized Buxton Co: Dare NC 27920– Reason: Floodway Reason: Extensive deterioration Landholding Agency: DOT Bldg. 53 Prop. ID WKS18652 Property Number: 87199530013 Coast Guard Support Center Scott Reservoir Project Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– Wilkesboro Co: NC 28697–7462 Reason: Floodway 5006 Landholding Agency: COE Unit #74 Landholding Agency: DOT Property Number: 31200310009 Buxton Annex, Cape Kendrick Circle Property Number: 87199630022 Status: Unutilized Buxton Co: Dare NC 27920– Status: Unutilized Reason: Extensive deterioration Landholding Agency: DOT Reason: Secured Area 10 Facilities Property Number: 87199530014 Bldg. OV1 (033) Wilkes County Recreation Area Status: Unutilized USCG Cape Hatteras Wilkesboro Co: NC Reason: Floodway Buxton Co: Dare NC 27902–0604 Landholding Agency: COE Unit #75 Landholding Agency: DOT Property Number: 31200320001 Buxton Annex, Cape Kendrick Circle Property Number: 87200210012 Status: Unutilized Buxton Co: Dare NC 27920– Status: Underutilized Reason: Extensive deterioration Landholding Agency: DOT Reason: Secured Area Group Cape Hatteras Property Number: 87199530015 Storage Bldg. Boiler Plant Status: Unutilized USCG Loran Station Buxton Co: Dare NC 27902–0604 Reason: Floodway Carolina Beach Co: New Hanover NC Landholding Agency: DOT Unit #63 Landholding Agency: DOT Property Number: 87199240018 Buxton Annex, Anna May Court Property Number: 87200210013 Status: Unutilized Buxton Co: Dare NC 27920– Status: Underutilized Reason: Secured Area Landholding Agency: DOT Reason: Secured Area Group Cape Hatteras Property Number: 87199530016 Frying Pan Shoals Light Bowling Alley Status: Unutilized USCG Buxton Co: Dare NC 27902–0604 Reason: Floodway Cape Fear Co: NC Landholding Agency: DOT Unit #64 Landholding Agency: DOT

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Property Number: 87200240004 Hamilton Co: OH 45013– Reason: Contamination Status: Unutilized Landholding Agency: Energy Bldg. 16B Reason: Secured Area Property Number: 41200210005 Fernald Env. Mgmt. Proj. Diamond Shoals Light Status: Excess Hamilton Co: Butler OH 45013– USCG Reason: Secured Area Landholding Agency: Energy Cape Hatteras Co: NC Bldg. 11 Property Number: 41200310012 Landholding Agency: DOT Fernald Env. Mgmt. Proj. Status: Excess Property Number: 87200240005 Hamilton Co: OH 45013– Reasons: Contamination, Secured Area Status: Unutilized Landholding Agency: Energy Bldg. 24C Reason: Secured Area Property Number: 41200220026 Fernald Env. Mgmt. Proj. Bldg. 9 Status: Excess Hamilton Co: Butler OH 45013– VA Medical Center Reason: Secured Area Landholding Agency: Energy 1100 Tunnel Road Bldg. 14A Property Number: 41200310013 Asheville Co: Buncombe NC 28805– Fernald Env. Mgmt. Proj Status: Excess Landholding Agency: VA Hamilton Co: OH 45013– Reasons: Contamination, Secured Area Property Number: 97199010008 Landholding Agency: Energy Bldg. 25K Status: Unutilized Property Number: 41200220027 Fernald Env. Mgmt. Proj. Reason: Extensive deterioration Status: Excess Hamilton Co: Butler OH 45013– Reason: Secured Area Ohio Landholding Agency: Energy Bldg. 15A Property Number: 41200310014 Bldg. 77 Fernald Env. Mgmt. Proj. Status: Excess Fernald Environmental Management Project Hamilton Co: OH 45013– Reasons: Contamination, Secured Area Fernald Co: Hamilton OH 45013– Landholding Agency: Energy Bldg. 50 Landholding Agency: Energy Property Number: 41200220028 Fernald Env. Mgmt. Proj. Property Number: 41199840003 Status: Excess Hamilton Co: Butler OH 45013– Status: Excess Reason: Secured Area Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Bldg. 15C Property Number: 41200310015 explosive material, Secured Area Fernald Env. Mgmt. Proj. Status: Excess Bldg. 82A Hamilton Co: OH 45013– Reasons: Contamination, Secured Area Fernald Environmental Mgmt Project Landholding Agency: Energy Bldg. 52A Fernald Co: Hamilton OH 45013– Property Number: 41200220029 Fernald Env. Mgmt. Proj. Landholding Agency: Energy Status: Excess Hamilton Co: Butler OH 45013– Property Number: 41199910018 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldg. 20K Property Number: 41200310016 Reasons: Within 2000 ft. of flammable or Fernald Env. Mgmt. Proj. Status: Excess explosive material, Secured Area Hamilton Co: OH 45013– Reasons: Contamination, Secured Area Bldg. 16 Landholding Agency: Energy Bldg. 52B RMI Environmental Services Property Number: 41200220030 Fernald Env. Mgmt. Proj. Ashtabula Co: OH 44004– Status: Excess Hamilton Co: Butler OH 45013– Landholding Agency: Energy Reason: Secured Area Landholding Agency: Energy Property Number: 41199930016 Bldg. 53B Property Number: 41200310017 Status: Unutilized Fernald Env. Mgmt. Proj. Status: Excess Reason: Secured Area Hamilton Co: OH 45013– Reasons: Contamination, Secured Area Bldg. 22B Landholding Agency: Energy Bldg. 116 Fernald Env. Mgmt. Proj. Property Number: 41200220031 VA Medical Center Hamilton Co: OH 45013–9402 Status: Excess Dayton Co: Montgomery OH 45428– Landholding Agency: Energy Reason: Secured Area Landholding Agency: VA Property Number: 41200020026 Modular Ofc. Bldg. Property Number: 97199920002 Status: Unutilized RMI Status: Unutilized Reasons: Within 2000 ft. of flammable or Ashtabula Co: OH 44004– Reason: Extensive deterioration explosive material, Secured Area Landholding Agency: Energy Bldg. 402 Bldg. 53A Property Number: 41200310008 VA Medical Center Fernald Env. Mgmt. Project Status: Excess Dayton Co: Montgomery OH 45428– Fernald Co: Hamilton OH 45013–9402 Reason: Contamination Landholding Agency: VA Landholding Agency: Energy Modular Lab Bldg. Property Number: 97199920004 Property Number: 41200120009 RMI Status: Unutilized Status: Excess Ashtabula Co: OH 44004– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Bldg. 105 Bldg. 8G Property Number: 41200310009 VA Medical Center Fernald Environmental Mgmt Project Status: Excess Dayton Co: Montgomery OH 45428– Hamilton Co: OH 45013– Reason: Contamination Landholding Agency: Landholding Agency: Energy Soil Storage Bldg. VA Property Number: 41200210003 RMI Property Number: 97199920005 Status: Excess Ashtabula Co: OH 44004– Status: Unutilized Reason: Secured Area Landholding Agency: Energy Reason: Extensive deterioration Bldg. 8H Property Number: 41200310010 Fernald Environmental Mgmt Project Status: Excess Oklahoma Hamilton Co: OH 45013– Reason: Contamination Comfort Station Landholding Agency: Energy Soil Washing Bldg. LeFlore Landing PUA Property Number: 41200210004 RMI Sallisaw Co: LeFlore OK 74955–9445 Status: Excess Ashtabula Co: OH 44004– Landholding Agency: COE Reason: Secured Area Landholding Agency: Energy Property Number: 31200240008 Bldg. 94A Property Number: 41200310011 Status: Excess Fernald Environmental Mgmt Project Status: Excess Reason: Extensive deterioration

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Comfort Station U.S. Coast Guard Air Station Borinquen Property Number: 87199310002 Braden Bend PUA Aquadilla PR 00604– Status: Unutilized Sallisaw Co: LeFlore OK 74955–9445 Landholding Agency: DOT Reason: Extensive deterioration Landholding Agency: COE Property Number: 87199310011 Property Number: 31200240009 Status: Unutilized South Carolina Status: Excess Reason: Secured Area Prop. ID JST18895 Reason: Extensive deterioration Storage Equipment Bldg. Thurmond Project Water Treatment Plant U.S. Coast Guard Air Station Borinquen Clarks Hill Co: McCormick SC Salt Creek Cove Aquadilla PR 00604– Landholding Agency: COE Sawyer Co: Choctaw OK 74756–0099 Landholding Agency: DOT Property Number: 31200310010 Landholding Agency: COE Property Number: 87199330001 Status: Unutilized Property Number: 31200240010 Status: Unutilized Reason: Extensive deterioration Status: Excess Reason: Secured Area 5 Bldgs. Reason: Extensive deterioration Bldg. 115 Thurmond Project Water Treatment Plant U.S. Coast Guard Base Clarks Hill Co: McCormick SC Wilson Point San Juan PR 00902–2029 Location: JST15781, JST15784, JST15864, Sawyer Co: Choctaw OK 74756–0099 Landholding Agency: DOT JST15866, TST15868 Landholding Agency: COE Property Number: 87199510001 Landholding Agency: COE Property Number: 31200240011 Status: Unutilized Property Number: 31200310011 Status: Excess Reason: Secured Area Status: Unutilized Reason: Extensive deterioration Bldg. 117 Reason: Extensive deterioration 2 Comfort Stations U.S. Coast Guard Base Prop. ID JST17133 Landing PUA/Juniper Point PUA San Juan PR 00902–2029 Thurmond Project Stigler Co: McIntosh OK 74462–9440 Landholding Agency: DOT Clarks Hill Co: McCormick SC Landholding Agency: COE Property Number: 87199510002 Landholding Agency: COE Property Number: 31200240012 Status: Unutilized Property Number: 31200310012 Status: Excess Reason: Secured Area Status: Unutilized Reason: Extensive deterioration Bldg. 118 Reason: Extensive deterioration Filter Plant/Pumphouse U.S. Coast Guard Base Prop. ID JST18428 South PUA San Juan PR 00902–2029 Thurmond Project Stigler Co: McIntosh OK 74462–9440 Landholding Agency: DOT Clarks Hill Co: McCormick SC Landholding Agency: COE Property Number: 87199510003 Landholding Agency: COE Property Number: 31200240013 Status: Unutilized Property Number: 31200310013 Status: Excess Reason: Secured Area Status: Unutilized Reason: Extensive deterioration Bldg. 119 Reason: Extensive deterioration Filter Plant/Pumphouse U.S. Coast Guard Base South Dakota North PUA San Juan PR 00902–2029 Stigler Co: McIntosh OK 74462–9440 Mobile Home Landholding Agency: DOT Tract L–1295 Landholding Agency: COE Property Number: 87199510004 Property Number: 31200240014 Oahe Dam Status: Unutilized Potter Co: SD 00000– Status: Excess Reason: Secured Area Reason: Extensive deterioration Landholding Agency: COE Bldg. 120 Property Number: 31200030001 Filter Plant/Pumphouse U.S. Coast Guard Base Juniper Point PUA Status: Excess San Juan PR 00902–2029 Reason: Extensive deterioration Stigler Co: McIntosh OK 74462–9440 Landholding Agency: DOT Landholding Agency: COE Property Number: 87199510005 Tennessee Property Number: 31200240015 Status: Unutilized Bldg. 204 Status: Excess Reason: Secured Area Cordell Hull Lake and Dam Project Reason: Extensive deterioration Bldg. 122 Defeated Creek Recreation Area Comfort Station U.S. Coast Guard Base Carthage Co: Smith TN 37030– Juniper Point PUA San Juan PR 00902–2029 Location: US Highway 85 Stigler Co: McIntosh OK 74462–9440 Landholding Agency: DOT Landholding Agency: COE Landholding Agency: COE Property Number: 87199510006 Property Number: 31199011499 Property Number: 31200240016 Status: Unutilized Status: Unutilized Status: Excess Reason: Secured Area Reason: Floodway Reason: Extensive deterioration Bldg. 128 Tract 2618 (Portion) Comfort Station U.S. Coast Guard Base Cordell Hull Lake and Dam Project Brooken Cove PUA San Juan PR 00902–2029 Roaring River Recreation Area Stigler Co: McIntosh OK 74462–9440 Landholding Agency: DOT Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Property Number: 87199510007 Location: TN Highway 135 Property Number: 31200240017 Landholding Agency: COE Status: Excess Status: Unutilized Reason: Secured Area Property Number: 31199011503 Reason: Extensive deterioration Status: Underutilized Bldg. 129 Reason: Floodway Pennsylvania U.S. Coast Guard Base Z-Bldg. San Juan PR 00902–2029 Water Treatment Plant Bettis Atomic Power Lab Landholding Agency: DOT Dale Hollow Lake & Dam Project West Mifflin Co: Allegheny PA 15122–0109 Property Number: 87199510008 Obey River Park, State Hwy 42 Landholding Agency: Energy Status: Unutilized Livingston Co: Clay TN 38351– Property Number: 41199720002 Reason: Secured Area Landholding Agency: COE Status: Excess Property Number: 31199140011 Rhode Island Reason: Extensive deterioration Status: Excess Station Point Judith Pier Reason: Water treatment plant Puerto Rico Narranganset Co: Washington RI 02882– Water Treatment Plant NAFA Warehouse Landholding Agency: DOT Dale Hollow Lake & Dam Project

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Lillydale Recreation Area, State Hwy 53 9 Bldgs. Status: Unutilized Livingston Co: Clay TN 38351– E. Tennessee Tech Park Reason: Secured Area Landholding Agency: COE Oak Ridge Co: Roane TN 37831– Bldg. 9949–31 Property Number: 31199140012 Location: K–1001, K–1301, K–1302, K–1303, Y–12 Natl Security Complex Status: Excess K–1404, K–1405–6, K–1407, K–1408A, K– Oak Ridge Co: Anderson TN 37831– Reason: Water treatment plant 1413 Landholding Agency: Energy Water Treatment Plant Landholding Agency: Energy Property Number: 41200210001 Dale Hollow Lake & Dam Project Property Number: 41200010023 Status: Unutilized Willow Grove Recreational Area, Hwy No. 53 Status: Unutilized Reason: Secured Area Livingston Co: Clay TN 38351– Reasons: Secured Area, Extensive Bldg. SC–14 Landholding Agency: COE deterioration ORISE Scarboro Operations Site Property Number: 31199140013 Bldg. 9723–16 Oak Ridge Co: Anderson TN 37831– Status: Excess National Security Complex Landholding Agency: Energy Reason: Water treatment plant Oak Ridge Co: Anderson TN 37831– Property Number: 41200210002 Bldg. 3004 Landholding Agency: Energy Status: Excess Oak Ridge National Lab Property Number: 41200120010 Reason: Secured Area Oak Ridge Co: Roane TN 37831– Status: Unutilized Bldg. 9723–18 Landholding Agency: Energy Reasons: Secured Area, Extensive Y–12 National Security Complex Property Number: 41199710002 deterioration Oak Ridge Co: Anderson TN 37831– Status: Unutilized 5 Bldgs. Landholding Agency: Energy Reasons: Secured Area, Extensive Oak Ridge National Lab Property Number: 41200210006 deterioration #7811, 7819, 7833, 7852, 7860 Status: Unutilized Bldg. 3004 Oak Ridge Co: Roane TN 37831– Reasons: Secured Area, Extensive Oak Ridge National Lab Landholding Agency: Energy deterioration Oak Ridge Co: Roane TN 37831– Property Number: 41200130001 Bldg. 9728 Landholding Agency: Energy Status: Unutilized Y–12 National Security Complex Property Number: 41199720001 Reasons: Contamination, Secured Area, Oak Ridge Co: Anderson TN 37831– Status: Excess Extensive deterioration Landholding Agency: Energy Reason: Extensive deterioration Bldg. 81–22 Property Number: 41200210007 Bldgs. 9714–3, 9714–4, 9983–AY Y–12 National Security Complex Status: Unutilized Y–12 Pistol Range Oak Ridge Co: Anderson TN 37831– Reasons: Secured Area, Extensive Oak Ridge Co: Anderson TN 37831– Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41200140001 Property Number: 41199720004 Bldg. 9404–03 Status: Unutilized Status: Unutilized Y–12 Natl Security Complex Reasons: Secured Area, Extensive Reason: Secured Area Oak Ridge Co: Anderson TN 37831– deterioration Landholding Agency: Energy 5 Bldgs. Property Number: 41200220035 K–724, K–725, K–1031, K–1131, K–1410 Bldg. 9409–26 Y–12 National Security Complex Status: Unutilized East Tennessee Technology Park Reason: Secured Area Oak Ridge Co: Roane TN 37831– Oak Ridge Co: Anderson TN 37831– Landholding Agency: Energy Landholding Agency: Energy Bldg. 9404–07 Property Number: 41199730001 Property Number: 41200140002 Y–12 Natl Security Complex Status: Unutilized Status: Unutilized Oak Ridge Co: Anderson TN 37831– Reason: Extensive deterioration Reasons: Secured Area, Extensive Landholding Agency: Energy deterioration Property Number: 41200220036 Bldg. 9418–1 Status: Unutilized Y–12 Plant Bldg. 9723–4 Reason: Secured Area Oak Ridge Co: Anderson TN 37831– Y–12 National Security Complex Landholding Agency: Energy Oak Ridge Co: Anderson TN 37831– Bldg. 9404–08 Property Number: 41199810026 Landholding Agency: Energy Y–12 Natl Security Complex Status: Unutilized Property Number: 41200140003 Oak Ridge Co: Anderson TN 37831– Reasons: Secured Area, Extensive Status: Unutilized Landholding Agency: Energy deterioration Reasons: Secured Area, Extensive Property Number: 41200220037 deterioration Status: Unutilized Bldg. 9825 Reason: Secured Area Y–12 Plant Bldg. 9733–4 Oak Ridge Co: Anderson TN 37831– Y–12 National Security Complex 4 Bldgs. Landholding Agency: Energy Oak Ridge Co: Anderson TN 37831– Y–12 Natl Security Complex Property Number: 41199810027 Landholding Agency: Energy 9418–4, 9418–5, 9418–6, 9418–9 Status: Unutilized Property Number: 41200140004 Oak Ridge Co: Anderson TN 37831– Reason: Secured Area Status: Unutilized Landholding Agency: Energy Bldg. 3026 Reasons: Secured Area, Extensive Property Number: 41200220038 Oak Ridge Natl Lab deterioration Status: Unutilized Oak Ridge Co: Roane TN 37831– 4 Bldgs. Reason: Secured Area Landholding Agency: Energy Y–12 National Security Complex Bldg. 9620–2 Property Number: 41199830001 #9929–1, 9823, 9827 & shed Y–12 Natl Security Complex Status: Excess Oak Ridge Co: Anderson TN 37831– Oak Ridge Co: Anderson TN 37831– Reasons: Secured Area, Extensive Landholding Agency: Energy Landholding Agency: Energy deterioration Property Number: 41200140005 Property Number: 41200220039 Bldg. 3505 Status: Unutilized Status: Unutilized Oak Ridge National Lab Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Oak Ridge Co: Roane TN 37831– deterioration deterioration Landholding Agency: Energy Bldg. 9949–1 Bldgs. 9769, 9770–3 Property Number: 41199940020 Y–12 National Security Complex Y–12 Natl Security Complex Status: Unutilized Oak Ridge Co: Anderson TN 37831– Oak Ridge Co: Anderson TN 37831– Reasons: Secured Area, Extensive Landholding Agency: Energy Landholding Agency: Energy deterioration Property Number: 41200140006 Property Number: 41200220040

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Status: Unutilized Status: Excess Property Number: 41200220051 Reason: Secured Area Reason: Secured Area Status: Unutilized Bldgs. 9720–1, 9720–2 Texas Reasons: Within 2000 ft. of flammable or explosive material; Secured Area Y–12 Natl Security Complex Comfort Station Zone 12, Bldg. 12–017C Oak Ridge Co: Anderson TN 37831– Overlook PUA Pantex Plant Landholding Agency: Energy Powderly Co: Lamar TX 75473–9801 Amarillo Co: Carson TX 79120– Property Number: 41200220041 Landholding Agency: COE Landholding Agency: Energy Status: Unutilized Property Number: 31200240018 Property Number: 41200220052 Reasons: Secured Area, Extensive Status: Excess deterioration Status: Unutilized Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Bldg. 9723–21 Zone 5, Bldg. FS–18 Y–12 Natl Security Complex explosive material; Secured Area Pantex Plant Zone 12, Bldg. 12–20 Oak Ridge Co: Anderson TN 37831– Amarillo Co: Carson TX 79120– Landholding Agency: Energy Pantex Plant Landholding Agency: Energy Amarillo Co: Carson TX 79120– Property Number: 41200220043 Property Number: 41200220044 Status: Unutilized Landholding Agency: Energy Status: Unutilized Property Number: 41200220053 Reasons: Secured Area, Extensive Reasons: Within 2000 ft. of flammable or deterioration Status: Unutilized explosive material, Secured Area Reasons: Within 2000 ft. of flammable or Bldgs. 9205, 9208 Zone 11, Bldg. 11–001 Y–12 Natl Security Complex explosive material; Secured Area Pantex Plant Zone 12, 8 Bldgs. Oak Ridge Co: Anderson TN 37831– Amarillo Co: Carson TX 79120– Landholding Agency: Energy Pantex Plant Landholding Agency: Energy Amarillo Co: Carson TX 79120– Property Number: 41200220059 Property Number: 41200220045 Status: Unutilized Location: 12–024, 12–024A, 12–02455, 12– Status: Unutilized 025, 12–R–025, 12–030, 12–043, 12–043A Reasons: Secured Area, Extensive Reasons: Within 2000 ft. of flammable or deterioration Landholding Agency: Energy explosive material, Secured Area Property Number: 41200220054 Bldgs. 2013, 2506, 6003 Zone 11, 3 Bldgs. Status: Unutilized Oak Ridge National Lab 11–015, 11–015B, 11–046 Reasons: Within 2000 ft. of flammable or Oak Ridge Co: Roane TN 37831– Pantex Plant explosive material; Secured Area Landholding Agency: Energy Amarillo Co: Carson TX 79120– Zone 12, Bldg. 12–27 Property Number: 41200220060 Landholding Agency: Energy Status: Unutilized Pantex Plant Property Number: 41200220046 Amarillo Co: Carson TX 79120– Reasons: Secured Area, Extensive Status: Unutilized deterioration Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Property Number: 41200220055 Bldg. 9720–14 explosive material, Secured Area Status: Unutilized Y–12 National Security Complex Zone 11, Bldg. 11–041 Reasons: Within 2000 ft. of flammable or Oak Ridge Co: Anderson TN 37831– Pantex Plant explosive material; Secured Area Landholding Agency: Energy Amarillo Co: Carson TX 79120– Property Number: 41200230002 Zone 12, Bldg. 12–038 Landholding Agency: Energy Pantex Plant Status: Excess Property Number: 41200220047 Reason: Secured Area Amarillo Co: Carson TX 79120– Status: Unutilized Landholding Agency: Energy 6 Bldgs. Reasons: Within 2000 ft. of flammable or Property Number: 41200220056 Y–12 National Security Complex explosive material; Secured Area Status: Unutilized Oak Ridge Co: Anderson TN 37831– Zone 11, Bldg. 11–044 Reasons: Within 2000 ft. of flammable or Location: 9983–62, 9983–63, 9983–64, 9983– Pantex Plant explosive material; Secured Area 65, 9983–71, 9983–72 Amarillo Co: Carson TX 79120– Zone 12, 2 Bldgs. Landholding Agency: Energy Landholding Agency: Energy Pantex Plant Property Number: 41200230003 Property Number: 41200220048 Amarillo Co: Carson TX 79120– Status: Excess Status: Unutilized Location: 12–076, 12–076A Reason: Secured Area Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy 17 Bldgs. explosive material; Secured Area Property Number: 41200220057 Oak Ridge Tech Park Zone 12, Bldg. 12–003P Status: Unutilized Oak Ridge Co: Roane TN 37831– Pantex Plant Reasons: Within 2000 ft. of flammable or Location: K–801, A–D, H, K–891, K–892, Amarillo Co: Carson TX 79120– explosive material; Secured Area K1025A–E, K–1064B–E, H, K, L, K1206–E Landholding Agency: Energy Zone 13, 6 Bldgs. Landholding Agency: Energy Property Number: 41200220049 Pantex Plant Property Number: 41200310007 Status: Unutilized Amarillo Co: Carson TX 79120– Status: Unutilized Reasons: Within 2000 ft. of flammable or Location: 13–041, 13–042, 13–043, 13–044, Reasons: Secured Area, Extensive explosive material; Secured Area 13–045, 13–046 deterioration Zone 12, Bldg. 12–05G1 Landholding Agency: Energy 4 Bldgs. Pantex Plant Property Number: 41200220058 Oak Ridge National Lab 0954, 0961, 2093, Amarillo Co: Carson TX 79120– Status: Unutilized 3013 Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Oak Ridge Co: Roane TN 37831– Property Number: 41200220050 explosive material; Secured Area Landholding Agency: Energy Status: Unutilized 10 Bldgs. Property Number: 41200310019 Reasons: Within 2000 ft. of flammable or DOE Pantex Plant Status: Unutilized explosive material; Secured Area Amarillo Co: Carson TX 79120– Reason: Secured Area Zone 12, 11 Bldgs. Location: 11–023, 024, 034, 036, 036SS, 039, 5 Bldgs. Pantex Plant 039SS, 11–R–014, 11–R–020, 11–R–039 Naval Support Activity Amarillo Co: Carson TX 79120– Landholding Agency: Energy 430, 434, 762, 1765, 397 Location: 12–010, 12–010V1, 12–010V2, 12– Property Number: 41200310020 Millington Co: TN 38054– 010L, 12–R–010, 12–012, 12–R–012, 12– Status: Unutilized Landholding Agency: Navy 012V, 12–R–013, 12–R–013RR, 12–13V Reasons: Within 2000 ft. of flammable or Property Number: 77200330045 Landholding Agency: Energy explosive material; Secured Area

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5 Bldgs. Reasons: Within 2000 ft. of flammable or Naval Station Pantex Plant explosive material; Secured Area Norfolk Co: VA 23511–3095 Amarillo Co: Carson TX 79120– WPB Storage Shed Landholding Agency: Navy Location: 12–091, 15–023, 15–023A, 16–006, USCG Station Sabine Property Number: 77200330050 FS–008 Sabine Co: Jefferson TX 77655– Status: Excess Landholding Agency: Energy Landholding Agency: DOT Reasons: Secured Area; Extensive Property Number: 41200310021 Property Number: 87199530004 deterioration Status: Unutilized Status: Unutilized Bldg. A–103 Reasons: Within 2000 ft. of flammable or Reasons: Within 2000 ft. of flammable or Naval Station explosive material; Secured Area explosive material; Secured Area Norfolk Co: VA 23511–3095 6 Bldgs. Flammable Storage Building Landholding Agency: Navy Pantex Plant USCG Station Sabine Property Number: 77200330051 Amarillo Co: Carson TX 79120– Sabine Co: Jefferson TX 77655– Status: Excess Location: 12–008, 12–R–008, 12–059, 12– Landholding Agency: DOT Reasons: Secured Area; Extensive 059E, 12–059V, 12–R–059 Property Number: 87199530005 deterioration Landholding Agency: Energy Status: Unutilized Bldg. 435 Property Number: 41200320009 Reasons: Within 2000 ft. of flammable or Naval Weapons Station Status: Unutilized explosive material; Secured Area Yorktown Co: VA Reasons: Within 2000 ft. of flammable or Battery Storage Building Landholding Agency: Navy explosive material; Secured Area USCG Station Sabine Property Number: 77200330052 Bldgs. 12–017E, 12–019E Sabine Co: Jefferson TX 77655– Status: Excess Pantex Plant Landholding Agency: DOT Reasons: Within 2000 ft. of flammable or Amarillo Co: Carson TX 79120– Property Number: 87199530006 explosive material; Secured Area; Landholding Agency: Energy Status: Unutilized Extensive deterioration Property Number: 41200320010 Reasons: Within 2000 ft. of flammable or Bldg. 1347 Status: Unutilized explosive material; Secured Area Naval Weapons Station Reasons: Within 2000 ft. of flammable or Boat House Yorktown Co: VA explosive material; Secured Area USCG Station Sabine Landholding Agency: Navy Bldg. 1302 Sabine Co: Jefferson TX 77655– Property Number: 77200330053 Naval Air Station Landholding Agency: DOT Status: Excess Ft. Worth Co: Tarrant TX 76127–6200 Property Number: 87199530007 Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Status: Unutilized explosive material; Secured Area; Property Number: 77200330046 Reasons: Within 2000 ft. of flammable or Extensive deterioration Status: Unutilized explosive material; Secured Area Bldg. 1350 Reasons: Secured Area; Extensive Small Boat Pier Naval Weapons Station deterioration USCG Station Sabine Yorktown Co: VA Bldg. 1320 Sabine Co: Jefferson TX 77655– Landholding Agency: Navy Naval Air Station Landholding Agency: DOT Property Number: 77200330054 Ft. Worth Co: Tarrant TX 76127–6200 Property Number: 87199530008 Status: Excess Landholding Agency: Navy Status: Unutilized Reasons: Within 2000 ft. of flammable or Property Number: 77200330047 Reasons: Within 2000 ft. of flammable or explosive material; Secured Area; Status: Unutilized explosive material; Secured Area Extensive deterioration Reasons: Secured Area; Extensive Bldg. 108 Bldg. 1374 deterioration Fort Crockett/43rd St. Housing Naval Weapons Station Bldg. 1509 Galveston Co: Galveston TX 77553– Yorktown Co: VA Naval Air Station Landholding Agency: DOT Landholding Agency: Navy Ft. Worth Co: Tarrant TX 76127– Property Number: 87199630008 Property Number: 77200330055 Landholding Agency: Navy Status: Unutilized Status: Excess Property Number: 77200330048 Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Status: Unutilized Vermont explosive material; Secured Area; Reasons: Secured Area; Extensive Extensive deterioration Depot Street deterioration Downtown at the Waterfront Bldg. 1810 Old Exchange Bldg. Burlington Co: Chittenden VT 05401–5226 Naval Weapons Station U.S. Coast Guard Landholding Agency: DOT Yorktown Co: VA Galveston Co: Galveston TX 77553–3001 Property Number: 87199220003 Landholding Agency: Navy Landholding Agency: DOT Status: Excess Property Number: 77200330056 Property Number: 87199310012 Reason: Floodway Status: Excess Status: Unutilized Reasons: Within 2000 ft. of flammable or Reason: Secured Area Virginia explosive material; Secured Area; WPB Building Ferris Property Extensive deterioration Station Port Isabel Yorktown Co: VA 23690– Bldg. 052 & Tennis Court Coast Guard Station Landholding Agency: Interior USCG Reserve Training Center South Padre Island Co: Cameron TX 78597– Property Number: 61200330023 Yorktown Co: York VA 23690– 6497 Status: Excess Landholding Agency: DOT Landholding Agency: DOT Reason: Extensive deterioration Property Number: 87199230004 Property Number: 87199530002 Bldg. A–102 Status: Excess Status: Unutilized Naval Station Reason: Secured Area Reason: Floodway Norfolk Co: VA 23511–3095 Admin. Bldg. Aton Shops Building Landholding Agency: Navy Coast Guard, Group Eastern Shores USCG Station Sabine Property Number: 77200330049 Chincoteague Co: Accomack VA 23361–510 Sabine Co: Jefferson TX 77655– Status: Excess Landholding Agency: DOT Landholding Agency: DOT Reasons: Secured Area; Extensive Property Number: 87199240014 Property Number: 87199530003 deterioration Status: Unutilized Status: Unutilized Bldg. A–102A Reason: Secured Area

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Little Creek Station Reason: Extensive deterioration Barkley Lake, Kentucky and Tennessee Navamphib Base, West Annex, U.S. Coast Garage/No. 305 Donaldson Creek Launching Area Guard Columbia Basin Cadiz Co: Trigg KY 42211– Norfolk Co: Princess Anne VA 23520– Soap Lake Co: Grant WA 98851– Location: 14 miles from U.S. Highway 68. Landholding Agency: DOT Landholding Agency: Interior Landholding Agency: COE Property Number: 87199310004 Property Number: 61200330028 Property Number: 31199010030 Status: Unutilized Status: Unutilized Status: Underutilized Reason: Secured Area Reason: Extensive deterioration Reason: Floodway Operations Bldg. Residence No. 305 Tract AA–2747 U.S. Coast Guard Group Hampton Roads Columbia Basin Wolf Creek Dam and Lake Cumberland Portsmouth VA 23703– Soap Lake Co: Grant WA 98851– US HWY. 27 to Blue John Road Landholding Agency: DOT Landholding Agency: Interior Burnside Co: Pulaski KY 42519– Property Number: 87199710003 Property Number: 61200330029 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 31199010038 Reason: Secured Area Reason Extensive deterioration Status: Underutilized Reason: Floodway Bldgs. 63, 115 Garage/Residence No. 304 USCG Training Center Columbia Basin Tract AA–2726 Yorktown Co: York VA 23690–5000 Soap Lake Co: Grant WA 98851– Wolf Creek Dam and Lake Cumberland Landholding Agency: DOT Landholding Agency: Interior KY HWY. 80 to Route 769 Property Number: 87200110037 Property Number: 61200330030 Burnside Co: Pulaski KY 42519– Status: Unutilized Status: Unutilized Landholding Agency: COE Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Property Number: 31199010039 explosive material; Secured Area; Status: Underutilized Residence No. 304 Extensive deterioration Reason: Floodway Columbia Basin Bldg. 156 Soap Lake Co: Grant WA 98851– Tract 1358 USCG Training Center Yorktown Landholding Agency: Interior Barkley Lake, Kentucky and Tennessee Yorktown Co: York VA 23690–5000 Property Number: 61200330031 Eddyville Recreation Area Landholding Agency: DOT Status: Unutilized Eddyville Co: Lyon KY 42038– Property Number: 87200120015 Reason: Extensive deterioration Location: US Highway 62 to state highway Status: Underutilized 93. Reasons: Within 2000 ft. of flammable or Wisconsin Landholding Agency: COE explosive material; Secured Area Rawley Point Light Property Number: 31199010043 Bldg. 002 Two Rivers Co: Manitowoc WI Status: Excess USCG Eastern Shore Landholding Agency: DOT Reason: Floodway Chincoteague Co: Accomak VA 23336– Property Number: 87199540004 Red River Lake Project Landholding Agency: DOT Status: Unutilized Stanton Co: Powell KY 40380– Property Number: 87200220007 Reason: Secured Area; Extensive Location: Exit Mr. Parkway at the Stanton Status: Excess deterioration and Slade Interchange, then take SR Hand Reason: Secured Area LAND (by State) 15 north to SR 613. Washington Arizona Landholding Agency: COE Property Number: 31199011684 Rec Storage Bldg. 58 acres Status: Unutilized Richland Parks VA Medical Center Reason: Floodway Richland Co: Benton WA 99352– 500 Highway 89 North Landholding Agency: COE Prescott Co: Yavapai AZ 86313– Barren River Lock & Dam No. 1 Property Number: 31200240019 Landholding Agency: VA Richardsville Co: Warren KY 42270– Status: Unutilized Property Number: 97190630001 Landholding Agency: COE Reason: Extensive deterioration Status: Unutilized Property Number: 31199120008 Status: Unutilized Garage/No.804 Reason: Floodway Reason: Floodway Columbia Basin 20 acres George Co: Grant WA 98848– VA Medical Center Green River Lock & Dam No. 3 Landholding Agency: Interior 500 Highway 89 North Rochester Co: Butler KY 42273– Property Number: 61200330024 Prescott Co: Yavapai AZ 86313– Location: Off State Hwy. 369, which runs off Status: Unutilized Landholding Agency: VA of Western Ky. Parkway Reason: Extensive deterioration Property Number: 97190630002 Landholding Agency: COE Residence No. 804 Status: Underutilized Property Number: 31199120009 Columbia Basin Reason: Floodway Status: Unutilized Reason: Floodway George Co: Grant WA 98848– Florida Green River Lock & Dam No. 4 Landholding Agency: Interior Land—approx. 220 acres Property Number: 61200330025 Woodbury Co: Butler KY 42288– Cape San Blas Location: Off State Hwy 403, which is off Status: Unutilized Port St. Joe Co: Gulf FL Reason: Extensive deterioration State Hwy 231 Landholding Agency: DOT Landholding Agency: COE Garage/No. 801 Property Number: 87199440018 Columbia Basin Property Number: 31199120014 Status: Underutilized Status: Underutilized George Co: Grant WA 98848– Reasons: Floodway; Secured Area Landholding Agency: Interior Reason: Floodway Wildlife Sanctuary, VAMC Property Number: 61200330026 Green River Lock & Dam No. 5 10,000 Bay Pines Blvd. Status: Unutilized Readville Co: Butler KY 42275– Bay Pines Co: Pinellas FL 33504– Reason: Extensive deterioration Location: Off State Highway 185 Landholding Agency: VA Landholding Agency: COE Residence No. 801 Property Number: 97199230004 Columbia Basin Property Number: 31199120015 Status: Underutilized Status: Unutilized George Co: Grant WA 98848– Reason: Inaccessible Landholding Agency: Interior Reason: Floodway Property Number: 61200330027 Kentucky Green River Lock & Dam No. 6 Status: Unutilized Tract 4626 Brownsville Co: Edmonson KY 42210–

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Location: Off State Highway 259 New York Property Number: 31199810002 Landholding Agency: COE Tract 1 Status: Unutilized Property Number: 31199120016 VA Medical Center Reason: Floodway Status: Underutilized Bath Co: Steuben NY 14810– Tract No. B–212C Reason: Floodway Location: Exit 38 off New York State Route Upstream from Gen. Jadwin Dam & Reservoir Vacant land west of locksite 17. Honesdale Co: Wayne PA 18431– Greenup Locks and Dam 5121 New Dam Landholding Agency: VA Landholding Agency: COE Road Property Number: 97199010011 Property Number: 31200020005 Rural Co: Greenup KY 41144– Status: Unutilized Status: Unutilized Landholding Agency: COE Reason: Secured Area Reason: Floodway Property Number: 31199120017 Tract 2 Tennessee Status: Unutilized VA Medical Center Reason: Floodway Brooks Bend Bath Co: Steuben NY 14810– Cordell Hull Dam and Reservoir Maryland Location: Exit 38 off New York State Route Highway 85 to Brooks Bend Road 17. Tract 131R Gainesboro Co: Jackson TN 38562– Landholding Agency: VA Location: Tracts 800, 802–806, 835–837, 900– Youghiogheny River Lake, Rt. 2, Box 100 Property Number: 97199010012 Friendsville Co: Garrett MD 902, 1000–1003, 1025 Status: Underutilized Landholding Agency: COE Landholding Agency: COE Reason: Secured Area Property Number: 31199240007 Property Number: 21199040413 Status: Underutilized Tract 3 Status: Underutilized Reason: Floodway VA Medical Center Reason: Floodway Bath Co: Steuben NY 14810– Land/10,000 sq. ft. Cheatham Lock and Dam Location: Exit 38 off New York State Route Indian Head Division Highway 12 17. Indian Head Co: Charles MD 20646– Ashland City Co: Cheatham TN 37015– Landholding Agency: VA Landholding Agency: Navy Location: Tracts E–513, E–512–1 and E–512– Property Number: 97199010013 Property Number: 77200330044 2 Status: Underutilized Status: Underutilized Landholding Agency: COE Reason: Secured Area Reason: Secured Area Property Number: 21199040415 Tract 4 Status: Underutilized Michigan VA Medical Center Reason: Floodway Middle Marker Facility Bath Co: Steuben NY 14810– Tract 2321 Yipsilanti Co: Washtenaw MI 48198– Location: Exit 38 off New York State Route J. Percy Priest Dam and Reservoir Location: 549 ft. north of intersection of 17. Murfreesboro Co: Rutherford TN 37130– Coolidge and Bradley Ave. on East side of Landholding Agency: VA Location: South of Old Jefferson Pike street Property Number: 97199010014 Landholding Agency: COE Landholding Agency: DOT Status: Unutilized Property Number: 31199010935 Property Number: 87199120006 Reason: Secured Area Status: Excess Status: Unutilized Ohio Reason: Landlocked Reason: Within airport runway clear zone Mosquito Creek Lake Tract 6737 Minnesota Everett Hull Road Boat Launch Blue Creek Recreation Area 3.85 acres (Area #2) Cortland Co: Trumbull OH 44410–9321 Barkley Lake, Kentucky and Tennessee VA Medical Center Landholding Agency: COE Dover Co: Stewart TN 37058– 4801 8th Street Property Number: 31199440007 Location: U.S. Highway 79/TN Highway 761 St. Cloud Co: Stearns MN 56303– Status: Underutilized Landholding Agency: COE Landholding Agency: VA Reason: Floodway Property Number: 31199011478 Property Number: 97199740004 Status: Underutilized Mosquito Creek Lake Reason: Floodway Status: Unutilized Housel—Craft Rd., Boat Launch Reason: Landlocked Cortland Co: Trumbull OH 44410–9321 Tracts 3102, 3105, and 3106 7.48 acres (Area #1) Landholding Agency: COE Brimstone Launching Area VA Medical Center Property Number: 31199440008 Cordell Hull Lake and Dam Project 4801 8th Street Status: Underutilized Gainesboro Co: Jackson TN 38562– St. Cloud Co: Stearns MN 56303– Reason: Floodway Location: Big Bottom Road Landholding Agency: VA Landholding Agency: COE 36 Site Campground Property Number: 31199011479 Property Number: 97199740005 German Church Campground Status: Underutilized Status: Excess Berlin Center Co: Portage OH 44401–9707 Reason: Floodway Reason: Secured Area Landholding Agency: COE Mississippi Property Number: 31199810001 Tract 3507 Proctor Site Parcel 1 Status: Unutilized Reason: Floodway Cordell Hull Lake and Dam Project Grenada Lake Celina Co: Clay TN 38551– Section 20 Pennsylvania Location: TN Highway 52 Grenada Co: Grenada MS 38901–0903 Lock and Dam #7 Landholding Agency: COE Landholding Agency: COE Monongahela River Property Number: 31199011480 Property Number: 31199011018 Greensboro Co: Greene PA Status: Unutilized Status: Underutilized Location: Left hand side of entrance roadway Reason: Floodway Reason: Within airport runway clear zone to project. Tract 3721 Missouri Landholding Agency: COE Obey Ditch 19, Item 2, Tract No. 230 Property Number: 31199011564 Cordell Hull Lake and Dam Project St. Francis Basin Project 21⁄2 miles west of Status: Unutilized Celina Co: Clay TN 38551– Malden Co: Dunklin MO Reason: Floodway Location: TN Highway 53 Landholding Agency: COE Mercer Recreation Area Landholding Agency: COE Property Number: 31199130001 Shenango Lake Property Number: 31199011481 Status: Unutilized Transfer Co: Mercer PA 16154– Status: Unutilized Reason: Floodway Landholding Agency: COE Reason: Floodway

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Tracts 608, 609, 611 and 612 Cordell Hull Lake and Dam Project Two Prong Sullivan Bend Launching Area Gainesboro Co: Jackson TN 38562– Carthage Co: Smith TN 37030– Cordell Hull Lake and Dam Project Location: TN Highway 85 Location: US Highway 85 Carthage Co: Smith TN 37030– Landholding Agency: COE Landholding Agency: COE Location: Sullivan Bend Road Property Number: 31199011490 Property Number: 31199011498 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 31199011482 Reason: Floodway Reason: Floodway Status: Underutilized Tracks 2117C, 2118 and 2120 Tracks 2919 and 2929 Reason: Floodway Cordell Hull Lake and Dam Project Cordell Hull Lake and Dam Project Tract 920 Trace Creek Sugar Creek Indian Creek Camping Area Gainesboro Co: Jackson TN 38562– Gainesboro Co: Jackson TN 38562– Cordell Hull Lake and Dam Project Location: Brooks Ferry Road Location: Sugar Creek Road Granville Co: Smith TN 38564– Landholding Agency: COE Landholding Agency: COE Location: TN Highway 53 Property Number: 31199011491 Property Number: 31199011500 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 31199011483 Reason: Floodway Reason: Floodway Status: Underutilized Tracks 424, 425 and 426 Tracks 1218 and 1204 Reason: Floodway Cordell Hull Lake and Dam Project Cordell Hull Lake and Dam Project Tracts 1710, 1716 and 1703 Stone Bridge Granville—Alvin Yourk Road Flynns Lick Launching Ramp Carthage Co: Smith TN 37030– Granville Co: Jackson TN 38564- Cordell Hull Lake and Dam Project Location: Sullivan Bend Road Landholding Agency: COE Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Property Number: 31199011501 Location: Whites Bend Road Property Number: 31199011492 Status: Unutilized Landholding Agency: COE Status: Unutilized Reason: Floodway Property Number: 31199011484 Reason: Floodway Track 2100 Status: Underutilized Track 517 Cordell Hull Lake and Dam Project Reason: Floodway J. Percy Priest Dam and Reservoir Galbreaths Branch Tract 1810 Suggs Creek Embayment Gainesboro Co: Jackson TN 38562– Wartrace Creek Launching Ramp Nashville Co: Davidson TN 37214– Location: TN Highway 53 Cordell Hull Lake and Dam Project Location: Interstate 40 to S. Mount Juliet Landholding Agency: COE Gainesboro Co: Jackson TN 38551– Road. Property Number: 31199011502 Location: TN Highway 85 Landholding Agency: COE Status: Unutilized Landholding Agency: COE Property Number: 31199011493 Reason: Floodway Property Number: 31199011485 Status: Underutilized Track 104 et. al. Status: Underutilized Reason: Floodway Cordell Hull Lake and Dam Project Reason: Floodway Track 1811 Horshoe Bend Launching Area Tract 2524 West Fork Launching Area Carthage Co: Smith TN 37030– Jennings Creek Smyrna Co: Rutherford TN 37167– Location: Highway 70 N Cordell Hull Lake and Dam Project Location: Florence road near Enon Springs Landholding Agency: COE Gainesboro Co: Jackson TN 38562– Road Property Number: 31199011504 Location: TN Highway 85 Landholding Agency: COE Status: Underutilized Landholding Agency: COE Property Number: 31199011494 Reason: Floodway Property Number: 31199011486 Status: Underutilized Tracts 510, 511, 513 and 514 Status: Unutilized Reason: Floodway J. Percy Priest Dam and Reservoir Project Reason: Floodway Track 1504 Lebanon Co: Wilson TN 37087– Tracts 2905 and 2907 J. Perry Priest Dam and Reservoir Location: Vivrett Creek Launching Area, Webster Lamon Hill Recreation Area Alvin Sperry Road Cordell Hull Lake and Dam Project Smyrna Co: Rutherford TN 37167– Landholding Agency: COE Gainesboro Co: Jackson TN 38551– Location: Lamon Road Property Number: 31199120007 Location: Big Bottom Road Landholding Agency: COE Status: Underutilized Landholding Agency: COE Property Number: 31199011495 Reason: Floodway Property Number: 31199011487 Status: Underutilized Tract A–142, Old Hickory Beach Status: Unutilized Reason: Floodway Old Hickory Blvd. Reason: Floodway Track 1500 Old Hickory Co: Davidson TN 37138– Tracts 2200 and 2201 J. Perry Priest Dam and Reservoir -Landholding Agency: COE Gainesboro Airport Pools Knob Recreation Property Number: 31199130008 Cordell Hull Lake and Dam Project Smyrna Co: Rutherford TN 37167– Status: Underutilized Gainesboro Co: Jackson TN 38562– Location: Jones Mill Road Reason: Floodway Location: Big Bottom Road Landholding Agency: COE Tract D, 7 acres Landholding Agency: COE Property Number: 31199011496 Cheatham Lock & Dam Property Number: 31199011488 Status: Underutilized Nashville Co: Davidson TN 37207– Status: Underutilized Reason: Floodway Landholding Agency: COE Reasons: Within airport runway clear zone; Tracks 245, 257, and 256 Property Number: 31200020006 Floodway J. Perry Priest Dam and Reservoir Status: Underutilized Tracks 710C and 712C Cook Recreation Area Reason: Floodway Sullivan Island Nashville Co: Davidson TN 37214– Texas Cordell Hull Lake and Dam Project Location: 2.2 miles south of Interstate 40 near Tracts 104, 105–1, 105–2 & 118 Carthage Co: Smith TN 37030– Saunders Ferry Pike. Joe Pool Lake Location: Sullivan Bend Road Landholding Agency: COE Co: Dallas TX Landholding Agency: COE Property Number: 31199011497 Landholding Agency: COE Property Number: 31199011489 Status: Underutilized Property Number: 31199010397 Status: Unutilized Reason: Floodway Status: Underutilized Reason: Floodway Tracks 107, 109 and 110 Reason: Floodway Track 2403, Hensley Creek Cordell Hull Lake and Dam Project Part of Tract 201–3

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Joe Pool Lake Granger Lake Property Number: 31199011530 Co: Dallas TX Route 1, Box 172 Status: Unutilized Landholding Agency: COE Granger Co: Williamson TX 76530–9801 Reason: Floodway Property Number: 31199010398 Landholding Agency: COE London Lock and Dam Status: Underutilized Property Number: 31199010402 Route 60 East Reason: Floodway Status: Unutilized Rural Co: Kanawha WV 25126– Part of Tract 323 Reason: Floodway Location: 20 miles east of Charleston, W. Joe Pool Lake Washington Virginia. Co: Dallas TX 2.8 acres Landholding Agency: COE Landholding Agency: COE Property Number: 31199011690 Property Number: 31199010399 Tract P–1003 Kennewick Co: Benton WA 99336– Status: Unutilized Status: Underutilized Reason: .03 acres; very narrow strip of land Reason: Floodway Landholding Agency: COE Property Number: 31200240020 Portion of Tract #101 Tract 702–3 Status: Excess Buckeye Creek Granger Lake Reason: Within 2000 ft. of flammable or Sutton Co: Braxton WV 26601– Route 1, Box 172 explosive material Landholding Agency: COE Granger Co: Williamson TX 76530–9801 Property Number: 31199810006 West Virginia Landholding Agency: COE Status: Excess Property Number: 31199010401 Morgantown Lock and Dam Reason: inaccessible Status: Unutilized Box 3 RD # 2 Reason: Floodway Morgantown Co: Monongahelia WV 26505– [FR Doc. 03–21363 Filed 8–21–03; 8:45 am] Tract 706 Landholding Agency: COE BILLING CODE 4210–29–P

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Part IV

Department of Defense 32 CFR Part 179 Munitions Response Site Prioritization Protocol; Proposed Rule

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DEPARTMENT OF DEFENSE ordnance, DMM, or MCs is found at 10 important to note that the priority U.S.C. 2710(a). The assigned priority assigned does not impact the actions Office of the Secretary will be updated annually to reflect new taken during a munitions response. All information that becomes available. munitions response sites known or 32 CFR Part 179 The Protocol evaluates the following suspected to contain UXO, DMM, or MC potential explosive safety and will be investigated and, as required by Munitions Response Site Prioritization environmental hazards: site-specific conditions, the UXO, DMM, Protocol • Explosive hazards posed by or MC present will be addressed AGENCY: Department of Defense. unexploded ordnance (UXO) and through removal actions, remedial discarded military munitions (DMM) actions, or a combination of removal ACTION: Proposed rule. • Hazards associated with the effects and remedial actions. SUMMARY: The Department of Defense of chemical warfare materiel (CWM) (DoD) is proposing a rule that • The chronic health and II. Legal Authority establishes the Munitions Response Site environmental hazards posed by This part is proposed under the Prioritization Protocol (hereinafter munitions constituents (MC) or other authority of 10 U.S.C. 2710(b). chemical constituents. referred to as the ‘‘Protocol’’). The III. Background purpose of the Protocol is to assign a DoD recognizes the different hazards relative priority for munitions responses inherent to each class of materials. To Through the Defense Environmental to each location in the inventory of address these differences, the Protocol Restoration Program (DERP), the munitions response sites known or has three hazard evaluation modules, Department of Defense (DoD) is suspected of containing unexploded each of which is specific to one type of protecting human health and the hazard, specifically: environment at its active and closing ordnance, discarded military munitions, • or munitions constituents. Explosive hazards are evaluated installations, as well as at Formerly using the Explosives Hazard Evaluation DATES: Written comments on this Used Defense Sites. In all 50 States, the (EHE) module. District of Columbia, and U.S. proposed rule will be accepted until • CWM-related hazards are evaluated November 20, 2003. territories, DoD is making measurable using the Chemical Warfare Materiel progress in cleaning up chemical ADDRESSES: Written comments should Hazard Evaluation (CHE) module. contamination from past defense be mailed to: Munitions Response Site • Health and environmental hazards activities to protect its forces, their Prioritization Protocol, P.O. Box 4231, posed by MC are evaluated using the families, and civilian neighbors from McLean, Virginia 22103–4231. Relative Risk Site Evaluation (RRSE) environmental health and safety Comments will also be accepted via module. hazards. DoD is now beginning to electronic mail (‘‘e-mail’’) at DoD recognizes that sufficient data to undertake similar efforts under the [email protected] or via the apply all three of the hazard evaluation DERP to address potential health and World Wide Web at http:// modules may not be immediately safety hazards associated with its past www.denix.osd/mil/MMRP. For available for some munitions response use of military munitions. comments submitted via electronic sites. In such cases where data are mail, please include in the subject line available for only one or two of the A. Scope of the Defense Environmental the statement ‘‘Comments on Proposed modules, the priority will be assigned Restoration Program Protocol.’’ based on the modules for which Section 211 of the Superfund FOR FURTHER INFORMATION CONTACT: If sufficient data are available. This initial Amendments and Reauthorization Act there are specific questions, please priority may change when additional (SARA) of 1986 1 (codified at 10 U.S.C. contact Ms. Patricia Ferrebee, Office of data are collected and all three modules 2701) established the DERP. Per the the Deputy Under Secretary of Defense are evaluated. Modules for which there provisions in 10 U.S.C. 2701(a), the (Installations & Environment) are insufficient data will be assigned a ‘‘Secretary of Defense shall carry out a (ODUSD(I&E)), 703–695–6107. This status of ‘‘evaluation pending.’’ program of environmental restoration at proposed rule along with relevant Upon completion of all necessary facilities under the jurisdiction of the background information is available on munitions responses at a munitions Secretary.’’ The phrase ‘‘under the the World Wide Web at the Defense response site, the status ‘‘prioritization jurisdiction of the Secretary’’ is further Environmental Network & Information no longer required’’ will be assigned. described by 10 U.S.C. 2701(c), which eXchange Web site, http:// The sequencing of munitions response states: ‘‘The Secretary shall carry out (in www.denix.osd.mil/MMRP. sites for environmental restoration accordance with the provisions of this SUPPLEMENTARY INFORMATION: activities will be based primarily on the chapter and CERCLA) all response priority assigned using this Protocol, but I. Protocol actions with respect to releases of may also reflect other relevant hazardous substances from each of the The Protocol reflects the statement in information, such as stakeholder following: (A) Each facility or site 10 U.S.C. 2710(b)(2) that the priority concerns, economic issues, and program owned by, leased to, or otherwise assigned should be based on the overall management considerations. possessed by the United States and conditions at each location, taking into DoD is proposing to promulgate this under the jurisdiction of the Secretary. consideration various factors relating to Protocol as a Federal regulation. When (B) Each facility or site which was under safety and environmental hazard promulgated as a Federal regulation, per the jurisdiction of the Secretary and potential. As required under 10 U.S.C. 10 U.S.C. 2710(b)(3), the priority owned by, leased to, or otherwise 2710(b)(1), the priority assigned to each assigned to each munitions response munitions response site will be site ‘‘* * * shall not impair, alter, or 1 SARA was signed into law on October 17, 1986, included with the inventory information diminish any applicable Federal or State amending the Comprehensive Environmental made publicly available. The authority to establish requirements for Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C. 9601 et seq. Related requirement for an inventory of the investigation of, and response to, sections in Title 10 of the United States Code, 10 munitions response sites known or environmental problems’’ at the U.S.C. 2702–2710 and 2810–2811, further define suspected of containing unexploded munitions response site. It is also the DERP.

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possessed by the United States at the Guidance defines the basic program final protocol to all munitions response time of actions leading to contamination structure for DoD’s environmental sites listed on the inventory. by hazardous substances. (C) Each restoration activities and includes The statute specifically excludes from vessel owned or operated by the specific provisions addressing the inventory required under 10 U.S.C. Department of Defense.’’ munitions responses. These provisions 2710(a) and, therefore, from application The scope of the DERP is defined at include: of this Protocol all locations that are: 10 U.S.C. 2701(b), which states: ‘‘Goals • Establishing the Military Munitions • Not currently or were not of the program shall include the Response program category within the previously owned by, leased to, or following: (1) The identification, DERP to implement and track munitions otherwise possessed or used by DoD investigation, research and responses (excluded because these locations do • development, and cleanup of Defining munitions responses as not meet the definition of a defense site) contamination from hazardous actions, including investigation, • Not known or suspected of substances, and pollutants and removal actions, and remedial actions, containing UXO, DMM, or MC contaminants. (2) Correction of other to address the explosives safety, human (excluded because these locations are environmental damage (such as health, or environmental risks presented not included in the inventory) detection and disposal of unexploded by UXO, DMM, or MC • Outside the United States (excluded • Directing the DoD Components to ordnance) which creates an imminent per 10 U.S.C. 2710(d)(1)) identify and establish an inventory of and substantial endangerment to the • Locations where the presence of certain locations where a munitions public health or welfare or to the military munitions is a result of combat environment.* * *’’ response may be required • Requiring DoD Components to operations (excluded per 10 U.S.C. B. Military Munitions Use 2710(d)(2)) evaluate the hazards posed where the • Military munitions are used in presence of UXO, DMM, or MC are An operating storage or training for combat, in munitions known or suspected to be present, and manufacturing facility (excluded per 10 testing, and in weapons research, U.S.C. 2710(d)(3)) to conduct an appropriate munitions • development, testing, and evaluation. response Used for, or were permitted for, the When a military munition is used, but • Requiring the DoD Components to treatment or disposal of military remains unexploded either by conduct munitions responses in munitions (excluded per 10 U.S.C. malfunction, design, or any other cause, accordance with the Comprehensive 2710(e)(1)) • it is called unexploded ordnance (UXO) Environmental Response, An operational range (excluded per and may pose an explosive hazard. Compensation, and Liability Act 10 U.S.C. 2710(d)(4) and 10 U.S.C. Other military munitions may have been (CERCLA, 42 U.S.C. 9601 et seq.), 2710(e)(1)). disposed of or abandoned, becoming Executive Order (E.O.) 12580, As of the end of FY02, DoD has what is known as a discarded military Superfund Implementation (January 23, identified 2,307 munitions response munitions (DMM). DMM are sometimes 1986) and E.O. 13016 Superfund sites in the inventory, an increase of 553 disposed of or abandoned through an Amendments (August 28, 1996), and the from the number DoD initially reported attempt at treatment by burning or open National Oil and Hazardous Substances at the end of FY01. The FY02 inventory detonation; other times DMM are Pollution Contingency Plan (NCP) (40 is comprised of 1,691 munitions directly disposed of or abandoned. CFR part 300). response sites at FUDS, 542 at active When UXO or DMM are present at a installations, and 74 at installations location where DoD no longer intends to D. The National Defense Authorization subject to closure as part of the Base use military munitions, there are Act for Fiscal Year 2002 Realignment and Closure program. The potential hazards. DoD established the As DoD began to implement these current estimate of the costs of Military Munitions Response program requirements, Congress passed and the munitions responses for munitions (MMRP) as part of the DERP specifically President signed into law several new response sites in the inventory exceeds to address potential explosive and requirements related to UXO, DMM, and $11.5 billion. More detailed information environmental hazards associated with MC. These provisions, found in the on the inventory can be found in the UXO, DMM, and the chemical National Defense Authorization Act for Fiscal Year 2002 Defense Environmental constituents of these munitions (i.e., Fiscal Year 2002 (Public Law 107–107), Restoration Program Annual Report to munitions constituents). The purpose of Sections 311–313, were codified 10 Congress. This report can be accessed this Protocol is to assign a relative U.S.C. 2703 and 2710. via the World Wide Web at http:// priority to locations where a munitions One of these requirements, www.dtic.mil/envirodod/DERP/ response is needed to mitigate these specifically 10 U.S.C. 2710(a), directed DERP.htm. potential hazards. the Secretary of Defense to develop an inventory of munitions response sites IV. Development of the Protocol C. Implementing Guidance for the DERP that are known or suspected to contain Soon after enactment of 10 U.S.C. DoD’s primary implementing UXO, DMM, or MC. Per 10 U.S.C. 2710, the Office of the Deputy Under guidance for the DERP is the 2710(b), DoD is also required to Secretary of Defense (Installations & Management Guidance for the Defense develop, in consultation with Environment) convened a working Environmental Restoration Program representatives of the States and Indian group with representatives from the (September 28, 2001), hereinafter Tribes, a proposed protocol for DoD Components knowledgeable in referred to as the Management assigning to each munitions response explosive safety or environmental Guidance. The Management Guidance is site in this inventory a relative priority restoration. This DoD work group led issued by the Deputy Under Secretary of for response activities related to UXO, the effort to develop the Protocol for Defense (Installations & Environment) DMM, and MC based on the overall prioritizing munitions response sites, (DUSD (I&E)) and is available on the conditions at the munitions response including conducting preliminary World Wide Web at http:// site. Further, after public notice and discussions and interviews, www.dtic.mil/envirodod/Policies/ comment on the proposed protocol, DoD constructing and testing the Protocol, PDDERP.html. The Management is to issue a final protocol and apply the and consulting with stakeholders

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throughout the process to gain their preliminary interviews, DoD reviewed system with multiple data elements. It input and address their concerns. six existing tools used to prioritize sites requires extensive information and for environmental restoration activities input from internal and external A. Preliminary Interviews and analyzed the characteristics of each. stakeholders. As part of the initial effort in the Among the characteristics reviewed, the Interim Range Rule Risk Methodology development of the Protocol, the DoD DoD work group sought to understand (IR3M) Baseline Explosives Hazard work group conducted a small number the means each tool used to balance Evaluation. The IR3M baseline of preliminary interviews of people differing concerns so that no one type of explosives risk evaluation tool was within and outside DoD, including information dominated the model. One derived from the R3M and focused on representatives of the DoD Components, characteristic that became readily the comparative evaluation of response other Federal and State agencies, apparent was the number of major alternatives against the baseline (i.e., the American Indian and Alaska Native factors considered. Adopting the term amount of potential risk prior to Tribes, and the public. The intent of ‘‘axis’’ to describe each major factor in response). It is a three-axis system, these preliminary interviews was to the construct of the models reviewed, which assigns sites to one of five query a small number of people familiar the work group sought to determine the classes. The three axes are accessibility, with or interested in the prioritization of number of axes the Protocol should overall hazard, and exposure. Modeling DoD’s munitions response sites to have as the number of axes determines has suggested that application of the establish a baseline for the development or limits the weight that can be applied IR3M to sites results in reasonable effort. Approximately 100 people were to any one type of information. To distribution among the five classes. interviewed. achieve sufficient differentiation among Native American Lands The interviews involved a standard sites, it is important that no one axis Environmental Mitigation Program questionnaire requiring a combination dominate the method. (NALEMP) Model. DoD developed this of structured (e.g., multiple choice) and Risk Assessment Code (RAC). Since model to assist in prioritizing actions to narrative answers related to four areas 1990, the U.S. Army Corps of Engineers be conducted under the NALEMP. It is the work group thought important to (USACE) has applied the RAC at both a three-axis, quantitative system, developing the Protocol: Formerly Used Defense Sites (FUDS) specifically designed to consider risk • General characteristics for the and Base Realignment and Closure and non-risk-based factors, such as life Protocol installations as a tool for prioritizing ways, programmatic, government-to- • The respondents’ knowledge of the ordnance and explosives response government, and economic actions. In the Management Guidance, requirements for developing the considerations that are unique to Indian DoD adopted the RAC as an interim tool Protocol, as those requirements were lands. The NALEMP model uses RRSE for prioritizing munitions response detailed in 10 U.S.C. 2701(b) and RAC for the risk evaluation sites. The RAC is a two-axis model that • The respondents’ views on the components. It also takes into assumes risk is a function of (1) importance of various data elements consideration a range of potential exposure and (2) the hazard posed by found in similar priority setting models, impacts affecting traditional and the munitions present. The RAC assigns and customary uses of land and cultural and sites to one of five classes from high risk • Whether or not the respondent had ecological resources vital to American (RAC Score 1) to negligible risk (RAC any additional comments not covered in Indian and Alaska Native life ways. the structured questions score 5). It is a simple model that can be applied with limited information. Hazard Ranking System (HRS). The In general, the responses indicated that Range Rule Risk Methodology (R3M). U.S. Environmental Protection Agency the Protocol should: developed this system to score sites for • The R3M was developed during DoD’s Be simple in approach and effort to promulgate the DoD Range inclusion on the National Priorities List. operation It is a quantitative system that assigns a • Rule. The Qualitative Risk Evaluation Be easy to understand (QRE) is the first of three evaluations numerical score to each site based on • Have standardization of application under the R3M. It is a three-axis, the contaminant hazards in the • Provide consistent and repeatable qualitative system designed as a groundwater, surface water, soil, and results screening tool for determining which air. The HRS requires extensive data to • Prioritize all munitions response sites required additional risk evaluation operate and does not address explosive sites into between 3 and 6 categories, for explosive hazards. Its three factors hazards. and (i.e., axes) are UXO density, frequency While the USACE has used RAC for • Keep the evaluation of the of entry to the site, and UXO type. The 13 years as a means of assigning a explosive hazards and the Detailed and Streamlined Risk relative priority to FUDS, the DoD work environmental hazards separate Evaluation (DRE and SRE) are the other group determined that neither RAC nor The information gathered during these two elements of the R3M and are any of the other models reviewed interviews provided the DoD work applied to sites that were not screened provided the characteristics necessary to group with ideas for the initial out by the QRE. The SRE estimates the meet all the requirements in 10 U.S.C. characteristics that the Protocol should maximum quantitative degree of UXO 2710(b). The analysis of each model’s and should not contain. The work group risk to which receptors may be exposed. strengths and weaknesses provided DoD considered these characteristics The DRE is a comprehensive assessment with critical information regarding the throughout the process of constructing that uses site characterization data. The characteristics the Protocol should the Protocol, including during the SRE and the DRE essentially are one- possess. Based on information from this review of selected priority setting axis, quantitative models that focus on review and the preliminary interviews, models. the probability of exposure. the DoD work group began constructing Former Lowry Bombing and Gunnery a new model (i.e., the Protocol) to more B. Review of Selected Priority-Setting Range Prioritization Tool. USACE and effectively evaluate the explosive safety Models stakeholders developed this site-specific and environmental hazards posed by Reflecting on the preferred model to prioritize sites that encompass UXO, DMM, and MC at munitions characteristics identified during the a very large FUDS. It is a one-axis response sites.

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C. Consultation With States, Tribes, and in the inventory, as they are (1) defense pursuant to section 104 of the Federally Others sites, and (2) known or suspected to Recognized Tribe Act. As DoD worked to develop this contain UXO, DMM, or MC. DoD Barrier means a natural obstacle or Protocol, it engaged in extensive proposes to use the term ‘‘munitions obstacles (e.g., difficult terrain, dense consultation with States, Tribes, and response area (MRA)’’ for these large vegetation, deep or fast moving water), other Federal agencies. DoD also locations. MRA is defined as ‘‘. . . any a man-made obstacle or obstacles (e.g., provided opportunity for interested area on a defense site that is known or fencing), or a combination of natural members of the public to provide input suspected to contain UXO, DMM, or and man-made obstacles. during the development. DoD’s efforts to MC. Examples are former ranges or Chemical agent identification sets engage stakeholders in the development munitions burial areas. A munitions (CAIS) are military training aids process are summarized in a subsequent response area is comprised of one or containing small quantities of various section. Although DoD notified all more munitions response sites.’’ chemical warfare agents and other American Indian and Alaska Native Because an MRA may be large and chemicals. Tribes of the Protocol development complex, DoD will work to characterize Chemical warfare agents (CWA) are effort, DoD’s consultation concentrated each MRA and subdivide it into discrete the V- and G-series nerve agents, H- on those Tribes with interest in lands locations so that munitions responses series (i.e., ‘‘mustard’’ agents) and L- that are known or suspected of specific to local conditions can be series (i.e., lewisite) blister agents, and containing UXO, DMM, or MC. conducted. Subdivision of an MRA is certain industrial chemicals used by the not required, but permitted as needed military as weapons, including V. Scope and Applicability for purposes of implementing a hydrogen cyanide (AC), cyanogen A. Terms Pertinent to the Protocol munitions response. A munitions chloride (CK), or carbonyl dichloride (called phosgene or CG)). CWA do not In developing the Protocol, DoD response site (MRS) is defined as ‘‘... a discrete location within an MRA that include riot control agents (e.g., w- realized the need for a term to describe chloroacetophenone (CN) and o- the universe of locations subject to is known to require a munitions response.’’ Because every MRA is chlorobenzylidenemalononitrile (CS) inclusion in the inventory and tear gas), chemical herbicides, smoke or prioritization using the Protocol. DoD is associated with at least one MRS and the MRS is defined by the need for a incendiary compounds, and industrial creating the term ‘‘munitions response chemicals that are not configured as a site’’ for this purpose. Although 10 munitions response, consistent with the statutory requirement to assign a military munition. U.S.C. 2710 had introduced the term Chemical Warfare Material (CWM) is ‘‘defense site,’’ this term is not priority for response activities, the Protocol will be applied to MRS. a general term that includes four considered appropriate for the purposes subcategories of specific materials: of prioritization as not all locations that DoD will track the acreage of the MRA • CWM, explosively configured are all meet the definition of defense sites are as well as each MRS to ensure that all munitions that contain a CWA fill and known or suspected to contain UXO, acreage is accounted for regardless of any explosive component. Examples DMM, or MC. By definition, the term whether or not an MRA is subdivided include M55 rockets with CWA, the ‘‘defense site’’ refers to all locations that into more than one MRS. The total M23 VX mine, and the M360 105- are or were owned, leased, or otherwise acreage of all MRS associated with the millimeter GB artillery cartridge. used by DoD (and contains several MRA must equal the total acreage of the • CWM, nonexplosively configured exclusions related to the types of MRA. Information about the size of each are all munitions that contain a CWA activities occurring at the location). For MRA and each MRS will be included fill but that do not include any a specific location to be included in the with the other information in the explosive components. Examples inventory (i.e., a munitions response inventory disclosed in response to the include any chemical munition that site), it must be (1) a location that is, or requirements of 10 U.S.C. 2710(a)(2). does not contain an explosive was, owned by, leased to, or otherwise B. Definitions component and VX or mustard agent possessed or used by DoD (i.e., a defense spray canisters. site), and (2) known or suspected to This proposed rule includes • CWM, bulk container are all non- contain UXO, DMM, or MC. definitions for terms that describe the munitions-configured containers of DoD formally established its Military scope and applicability of the Protocol CWA (e.g., a ton container). Munitions Response program, a subset as well as terms that are integral to the • Chemical agent identification sets of the DERP, in September 2001. DoD is hazard evaluation modules that (CAIS). All forms of CAIS are scored the working to build the MMRP into a comprise the Protocol. These same except for CAIS K941, toxic gas set robust program to address the safety and definitions, unless codified elsewhere in M–1; and K942, toxic gas set M–2/E11, environmental hazards associated with the U.S. Code or Code of Federal which are scored higher due to the UXO, DMM, and MC. With the Regulations (CFR) apply only to this relatively large quantities of agent they exception of FUDS properties, which part. Many of the terms relevant to this contain. have been further characterized, DoD is part are already defined in 10 U.S.C. In the Protocol, the general term just beginning to identify the locations 2710(e) and the CFR. Where this is the ‘‘CWM’’ means all four subcategories. where it knows of or suspects the case, the existing statutory and Where the name of one or more of the presence of UXO, DMM, and MC regulatory definitions will be adopted subcategories is used, the statement is remaining from its past use of military for use in this part and are repeated here specific to the subcategories specified. munitions. In many cases, the identified strictly for ease of reference. Cultural resources means there are locations are large geographic areas, American Indian and Alaska Native recognized cultural, traditional, sometimes encompassing an entire Tribes are any Federally recognized spiritual, religious, or historical features former range. Former ranges, often American Indian and Alaska Native or properties (e.g., structures, artifacts, comprising hundreds of thousands of tribal entity as defined by the most symbolism) on the munitions response acres, supported various activities on current Department of Interior/Bureau site. For example, American Indians and different parts of the range. These of Indian Affairs list of tribal entities Alaska Natives deem portions of or the locations meet the criteria for inclusion published in the Federal Register entire munitions response site sacred.

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Another example of cultural resources In the subsurface means the munition DMM, or MC. Examples include former are areas that American Indians and or CWM is: (1) Entirely beneath the ranges or munitions burial areas. An Alaska Natives use for subsistence ground surface, or (2) fully submerged MRA is comprised of one or more activities (e.g., hunting, fishing). (Note: in a water body. munitions response sites. Specific requirements for determining if Military munitions means all Munitions response site (MRS) means a particular feature is a cultural resource ammunition products and components a discrete location within an MRA that may be found in the National Historic produced for or used by the armed is known to require a munitions Preservation Act, Native American forces for national defense and security, response. Graves Protection and Repatriation Act, including ammunition products or On the surface means the munition or Archeological Resources Protection Act, components under the control of the CWM is: (1) Entirely or partially Executive Order 13007, and the Department of Defense, the Coast Guard, exposed above the ground surface, or (2) American Indian Religious Freedom the Department of Energy, and the entirely or partially exposed above the Act.). National Guard. The term includes surface of a water body (e.g., as a result Defense site means locations that are confined gaseous, liquid, and solid of tidal activity). or were owned by, leased to, or propellants, explosives, pyrotechnics, Operational range means a military otherwise possessed or used by the chemical and riot control agents, range that is used for range activities, or Department of Defense. The term does smokes, and incendiaries, including a military range that is not currently not include any operational range, bulk explosives and chemical warfare being used but that is still considered by operating storage or manufacturing agents, chemical munitions, rockets, the Secretary to be a range area, is under facility, or facility that is used for or was guided and ballistic missiles, bombs, the jurisdiction, custody, or control of permitted for the treatment or disposal warheads, mortar rounds, artillery the Department of Defense, and has not of military munitions. (10 U.S.C. ammunition, small arms ammunition, been put to a new use that is 2710(e)(1)). grenades, mines, torpedoes, depth incompatible with range activities. (10 Department of Defense (DoD) charges, cluster munitions and U.S.C. 2710(e)(5)). Components means the Office of the dispensers, demolition charges, and Physical evidence means: (1) Secretary of Defense, the Military devices and components thereof. The Recorded observations from on-site Departments, the Defense Agencies, the term does not include wholly inert investigations, such as finding intact DoD Field Activities, and any other DoD items, improvised explosive devices, UXO or DMM, or components, organizational entity or instrumentality and nuclear weapons, nuclear devices, fragments, or other pieces of military established to perform a government and nuclear components, except that the munitions, or (2) the results of field or function. term does include non nuclear laboratory sampling and analysis Discarded military munitions (DMM) components of nuclear devices that are procedures, or (3) the results of means military munitions that have managed under the nuclear weapons geophysical investigations. been abandoned without proper program of the Department of Energy Practice munitions means munitions disposal or removed from storage in a after all required sanitization operations that contain an inert filler (e.g., wax, military magazine or other storage area under the Atomic Energy Act of 1954 sand, concrete), a spotting charge (i.e., a for the purpose of disposal. The term (42 U.S.C. 2011 et seq.) have been pyrotechnic charge), and a fuze. For a does not include unexploded ordnance, completed. (10 U.S.C. 2710(e)(3) and 40 munition to be classified as a ‘‘practice military munitions that are being held CFR 260.10) munition,’’ the fuze cannot be for future use or planned disposal, or Military range means designated land considered ‘‘sensitive.’’ military munitions that have been and water areas set aside, managed, and Range activities means research, properly disposed of, consistent with used to research, develop, test, and development, testing, and evaluation of applicable environmental laws and evaluate military munitions, other military munitions, other ordnance, and regulations. (10 U.S.C. 2710(e)(2)). ordnance, or weapon systems, or to train weapons systems; and the training of Ecological resources means: (1) A military personnel in their use and military personnel in the use and threatened or endangered species handling. Ranges include firing lines handling of military munitions, other (designated under the Endangered and positions, maneuver areas, firing ordnance, and weapons systems. Species Act (ESA)) is present on the lanes, test pads, detonation pads, impact Small arms ammunition means munitions response site; or (2) the areas, and buffer zones with restricted ammunition that is .50 caliber or munitions response site is designated access and exclusionary areas. (40 CFR smaller and shotgun shells. under the ESA as critical habitat for a 266.201). Unexploded ordnance (UXO) means threatened or endangered species; or (3) Munitions constituents (MC) means military munitions that: (1) Have been there are identified sensitive ecosystems any materials originating from primed, fuzed, armed, or otherwise such as wetlands or breeding grounds unexploded ordnance, discarded prepared for action; (2) have been fired, present on the munitions response site. military munitions, or other military dropped, launched, projected, or placed Former (as in ‘‘former range’’) means munitions, including explosive and in such a manner as to constitute a the munitions response site is a location non-explosive materials, and emission, hazard to operations, installations, that was: (1) Closed by a formal decision degradation, or breakdown elements of personnel, or material; and (3) remain made by the DoD Component with such ordnance or munitions. (10 U.S.C. unexploded either by malfunction, administrative control over the location, 2710(e)(4)) design, or any other cause. (10 U.S.C. or (2) put to a use incompatible with the Munitions response means response 2710(e)(9) and 40 CFR 266.201). presence of UXO, DMM, or MC. actions, including investigation, United States means, in a geographic Historical evidence means that the removal actions, and remedial actions, sense, the States, territories, and investigation: (1) Found written to address the explosives safety, human possessions and associated navigable documents or records, or (2) health, or environmental risks presented waters, contiguous zones, and ocean documented interviews of persons with by UXO, DMM, or MC. waters of which the natural resources knowledge of site conditions, or (3) Munitions response area (MRA) are under the exclusive management found and verified other forms of means any area on a defense site that is authority of the United States. (10 information. known or suspected to contain UXO, U.S.C. 2710(e)(10).

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I. Application of the Munitions aspects of the munitions responses conditions evaluated by the hazard Response Site Prioritization Protocol required at all MRS for which that MAP evaluation modules at the MRS. is applicable. DoD guidance requires (2) To update or validate a previously A. General Requirements that MAPs are developed and rated hazard evaluation module when There are a number of activities that maintained at an installation (or FUDS new information is available. the DoD Components must undertake as property) level. For the FUDS program, (3) To update or validate an MRS part of the application of the Protocol. a State-wide MAP may also be priority that was previously assigned Among other requirements, the DoD developed. based on evaluation of only one or two Components will: (6) Establish a quality assurance panel of the three hazard evaluation modules. (1) Ensure the total acreage of each to review all MRS prioritization (4) Upon further delineation and MRA is evaluated and apply the decisions. To ensure objectivity, this characterization of an MRA into MRS. Protocol to all MRS under their panel will not include any person that (5) To categorize MRS previously administrative control. was directly involved with the classified as ‘‘evaluation pending.’’ (2) Involve the local community in the application of the Protocol to a specific When a munitions response is fully munitions response process as early as MRS. If the panel concludes that a completed and no additional munition possible and seek continued different priority should be assigned to response is required, as agreed to by involvement of the local community a given MRS, the DoD Component will appropriate Federal and State regulatory throughout the process. agencies, the MRS will be assigned the (3) Use a team approach, where each report the rationale for this change to ODUSD(I&E) with their inventory data. rating ‘‘no longer required.’’ team includes members with the It is important to note that the The DoD Component will also provide expertise needed to apply the Protocol Protocol is a prioritization tool only and this rationale to the appropriate at a specific MRS. Each team should be does not impact the actions taken at an regulators and stakeholders for review comprised of DoD Component MRS. The responsible DoD Component and comment before finalizing the representatives from required functional will thoroughly investigate all MRS change. areas (e.g., explosives or chemical known or suspected to contain UXO, (7) Update the priority as necessary to safety, environmental) and EPA, State DMM, or MC and, as required by site- reflect new information that has become regulators, and other Federal land specific conditions, address any UXO, available. managers, where appropriate. The DoD DMM, or MC through removal actions, (8) Following the panel review, report Component is also expected to seek remedial actions, or a combination or the priority for each MRS and the involvement from American Indian or removal and remedial actions. Alaskan Native Tribes when any portion ratings for each hazard evaluation of the MRS affects tribal lands, the module to ODUSD (I&E) (or successor VII. The Hazard Evaluation Modules affected local restoration advisory board organizations) for inclusion in the The three modules that evaluate the (RAB) or technical review committee inventory of MRS that is made publicly potential hazards present at an MRS are (TRC), and local stakeholders in the available. the central feature of the Protocol. Using application of the Protocol. DoD is A. Application of the Protocol a hazard evaluation module developed committed to working with Tribes on a specifically to address the unique government-to-government basis in Components will apply the Protocol characteristics of each type of hazard, recognition of their sovereignty and in at an MRS when there are sufficient data DoD will evaluate each MRS in three a continuing effort to implement the to populate all the data elements in at distinct areas: 1998 DoD American Indian and Alaska least one of the three hazard evaluation • Explosive hazards posed by UXO Native Policy. To ensure American modules (i.e., the Explosive Hazard and DMM through the Explosives Indian and Alaskan Native Tribes, EPA, Evaluation, the CWM Hazard Hazard Evaluation (EHE) module, other Federal agency, State regulatory Evaluation, and Relative Risk Site • Chemical hazards associated with agencies, and local government officials Evaluation modules) that comprise the the physiological effects of CWM are aware of the opportunity to Protocol. It is expected that this will through the Chemical Warfare Materiel participate in the application of the occur after the CERCLA preliminary Hazard Evaluation (CHE) module, and Protocol, the DoD Component assessment phase is completed but • Health and environmental hazards organization responsible for before the CERCLA site inspection posed by MC using the Relative Risk implementing a munitions response at phase is completed. Site Evaluation (RRSE) module. the MRS will send a certified letter to Any hazard evaluation module for Each hazard evaluation module is the heads of these organizations (or their which there is insufficient information constructed using three categories, or designated point-of-contact), as to complete the evaluation will be factors, of information. As discussed appropriate, seeking their involvement. assigned the ‘‘evaluation pending’’ earlier in the Preamble, this is a three- A copy of these letters will be placed in rating for that module, and the MRS’s axis construct as three primary factors of the Administrative Record and relative priority will be assigned based information are used to derive the Information Repository for the MRS. on the ratings of the hazard evaluation results of each hazard evaluation (4) Develop and maintain records on modules for which sufficient data are module. This characteristic is important the application of this Protocol for each available to complete the hazard as it limits the influence of any one MRS. At a minimum, the records will evaluation. The Protocol will be factor on the outcome. Although the contain references to all information reapplied as soon as the data to run the specifics of the three factors vary for and documents used for the evaluation hazard evaluation modules assigned each of the three hazard evaluation (e.g., data from preliminary assessments, ‘‘evaluation pending’’ ratings becomes modules, each module is comprised of worksheets). These records will be available. standard factors for source of hazard, included in the Administrative Record The Protocol will be reapplied at a pathways for exposure, and receptors. and the Information Repository for the MRS under the following Further, each factor is comprised of MRS. circumstances: multiple data elements that are intended (5) Document in a Management (1) Upon completion of a response to capture site-specific information. Action Plan (MAP) or its equivalent all action that could change the site While developing the data elements, the

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DoD work group worked to ensure that • Easily collected during the early The structure, application, and output each data element within the three phases of the CERCLA process; and of each of these modules are discussed modules was: • Sufficiently defined to ensure in detail in the following parts of this • Essential for characterization of site consistent, repeatable, and supportable section. Figure 1 is an illustration of the conditions; results for prioritizing an MRS. structure of the Protocol. BILLING CODE 5001–08–P

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A. The Explosive Hazard Evaluation within each element are relative munition will be classified as sensitive (EHE) Module evaluations of each element’s not as practice to more accurately reflect The EHE module is used to conduct contribution to the overall explosive the greater explosive hazard presented a relative comparison of the potential hazard. The sum of these values is the by sensitive fuzes. Similarly, while the explosive hazards posed by UXO or EHE module score for the MRS, which Protocol provides a separate DMM at an MRS. The EHE module is used to derive the EHE module classification for small arms determines the explosive hazard hazard evaluation rating. Additional ammunition to reflect the limited through evaluation of three general information on each factor and data explosives hazard they posed because factors (i.e., categories of information), element is provided in the text. they lack an explosive charge. To select the small arms ammunition each of which is comprised of two to (1) Explosive Hazard Factor four specific data elements. The factors classification, there must be evidence comprising the EHE module are: The Explosive Hazard factor of the that only small arms ammunition was • Explosive hazard, which has the EHE module is comprised of two data used at the MRS. If there is evidence elements Munitions Type and Source of elements, Munitions Type and Source of that munitions other than small arms Hazard and characterizes the cause of Hazard, and constitutes 40 percent of ammunition were used or could be the hazard; the numerical score of the EHE module. present on the MRS, the munition type • Accessibility, which has the The Munitions Type data element with the highest numeric value (i.e., the elements Information on the Location of classifies munitions according to their greatest potential hazard) is used for the Munitions, Ease of Access, and Status of potential to detonate and their inherent evaluation. DoD has also included an Property and characterizes the pathway explosive power. Portability, the ability ‘‘evidence of no munitions’’ or means by which a receptor can for a munition to be readily transported, classification, which can only be used encounter the hazard; and is indirectly accounted for in this if, after investigation, there is physical • Receptors, which has the elements element. The DoD work group initially or historical evidence that indicates Population Density, Population Near considered including portability as a there are no munitions present. The Hazard, Types of Activities/Structures, distinct data element under the definition for ‘‘evidence of no and Ecological and/or Cultural Accessibility factor, but because UXO munitions’’ is important as it requires Resources and accounts for any can be found in many different DoD to investigate all MRS for the receptors likely to be impacted by configurations (e.g., intact warheads, presence of UXO or DMM. Further, DoD exposure to the hazard. fuzes or other components that have adopted the criteria for physical and Each data element is assigned a separated from the munitions) that historical evidence as an affirmation maximum numerical value and consists would be considered portable, DoD that the DoD Components will collect of several classifications (each of which found it too difficult to define the information upon which to base is assigned a numeric value ranging up criteria necessary to address portability decisions. This approach to physical or to the maximum value of the data separately in the EHE module. historical evidence is intended to element) that are intended to capture In developing the data elements preclude decisions based on the logic certain site-specific conditions. The within this factor, the DoD work group that ‘‘* * * there is no physical/ DoD work group developed these values determined the need for separate historical evidence of * * *,’’ which based on the knowledge of technical classifications for many common could mean there is an absence of experts within DoD and comments munitions types but also recognized that information on what physical or received from stakeholders. The values there are exceptions to several historical evidence is available. were adjusted based on the results of categories. For example, although there The classifications, the definition for extensive testing of the Protocol and is a separate classification for practice each classification, and associated stakeholders’ comments. The total value munitions, when the associated fuze is numerical scores for the Munitions assigned to each data element as well as determined to be sensitive by a Type data element are presented in the value of the specific classifications technically qualified individual, the Table 1.

TABLE 1.—CLASSIFICATIONS WITHIN THE EHE MODULE TYPE DATA ELEMENT

Classification Description Score

Sensitive ...... • All UXO that are considered likely to function upon any interaction with exposed 30 persons, including: submunitions, cluster munitions, 40mm high-explosive gre- nades, white phosphorus (WP) munitions (including practice munitions with sen- sitive fuzes, but excluding all other practice munitions), and high-explosive anti- tank (HEAT) munitions. • All hand grenades containing an explosive filler. High explosive (used or damaged) ...... • All UXO containing a high-explosive filler (e.g., RDX, Composition B) that are not 25 considered ‘‘sensitive’’. • All DMM containing a high-explosive filler that have been damaged by burning or detonation. • All DMM containing a high-explosive filler that have deteriorated to the point of in- stability. Pyrotechnic ...... • All UXO containing pyrotechnic fillers other than white phosphorous (e.g., flares, 20 signals, simulators, smoke grenades). • All DMM containing pyrotechnic fillers other than white phosphorous (e.g., flares, signals, simulators, smoke grenades) that have been damaged by burning or deto- nation or that have deteriorated to the point of instability.

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TABLE 1.—CLASSIFICATIONS WITHIN THE EHE MODULE TYPE DATA ELEMENT—Continued

Classification Description Score

High explosive (unused) ...... • All DMM containing a high-explosive filler that have not been damaged by burning 15 or detonation.. • All DMM containing a high explosive filler that are not deteriorated to the point of instability. Propellant ...... • All UXO containing only a single-, double-, or triple-based propellant, or composite 15 propellants (e.g., a rocket motor). • All DMM containing only a single-, double-, or triple-based propellant, or composite propellants (e.g., a rocket motor). Bulk HE, pyrotechnics, or propellant ...... • Bulk high explosives, including: demolition charges (e.g., C4 blocks), high explo- 10 sives not contained in a munition, and concentrated mixtures of high explosives or other munitions constituents mixed with environmental media or debris in con- centrations that result in the mixture being explosive (e.g., ‘‘explosive soil’’). • All pyrotechnic material that is not contained in a munition (i.e., ‘‘bulk pyrotech- nics’’). • All single-, double-, or triple-based propellant, or composite propellants that are not contained in a munition (i.e., ‘‘bulk propellant’’). Practice ...... • All UXO that are a practice munition not associated with a sensitive fuze ...... 5 • All DMM that are a practice munition not associated with a sensitive fuze that have been damaged by burning or detonation. • All DMM that are a practice munition not associated with a sensitive fuze that have deteriorated to the point of instability. Riot control ...... • All UXO or DMM containing only a riot control agent (e.g., tear gas) ...... 3 Small arms ...... • All UXO or DMM that are classified as small arms ammunition. Evidence that no 2 other munitions type (e.g., grenades, subcaliber training rockets, demolition charges) was used or is present on the MRS is required for selection of this cat- egory. Evidence of no munitions ...... • Following investigation of the MRS, there is physical evidence there are no UXO 0 or DMM present or there is historical evidence indicating that no UXO or DMM are present. Notes: • Former (as in ‘‘former range’’) means the MRS is a location that was: (1) Closed by a formal decision made by the DoD Component with ad- ministrative control over the location, or (2) put to a use incompatible with the presence of UXO, DMM, or MC. • Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowledge of site conditions, or (3) found and verified other forms of information. • Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. • Practice munitions means munitions that contain an inert filler (e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic charge), and a fuze. • The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

The Source of Hazard data element still a potential for UXO or DMM to be requires DoD to investigate all MRS for considers the previous uses of the MRS. present. The DoD work group provided the presence of UXO or DMM. Further, It reflects the type of munitions that a distinct classification for firing points DoD adopted the criteria for physical may be present and the manner and that are separated from other parts of a and historical evidence as an extent munitions were used or disposed former range. affirmation that the DoD Components of at the MRS. The classifications Other classifications within Source of will collect information upon which to provided are the common locations Hazard include manufacturing, storage, base decisions. This approach to where a munition can be found during and transfer facilities—reflecting the physical or historical evidence is its lifecycle. early parts of the munition lifecycle— intended to preclude decisions based on The classification former range has and treatment units and burial pits, the logic that ‘‘* * * there is no the maximum value within the Source which represent the end of the lifecycle. physical/historical evidence of * * *’’ of Hazard data element. Former ranges As with the Munitions Type data which could mean there is an absence will have supported live-fire training element, DoD has provided an and testing and consist of locations, ‘‘evidence of no munitions’’ of information on what physical or such as impact areas, that are expected classification for the Source of Hazard historical evidence is available. to contain large concentrations of UXO data element. This classification can The eleven classifications, the and, therefore, pose the greatest only be selected if an investigation finds definition for each classification, and potential explosive hazard. Although there is physical or historical evidence associated numerical scores for the some areas on a former range are not indicating there is no UXO or DMM Source of Hazard data element are expected to contain high concentrations present. The definition for ‘‘evidence of presented in Table 2. of UXO (e.g., the firing point), there is no munitions’’ is important as it

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TABLE 2.—CLASSIFICATIONS WITHIN THE EHE MODULE SOURCE OF HAZARD DATA ELEMENT

Classification Description Score

Former range ...... • The MRS is a former military range where munitions (including practice munitions 10 with sensitive fuzes) have been used. Such areas include: impact or target areas, associated buffer and safety zones, firing points, and live-fire maneuver areas. Former munitions treatment (i.e., OB/OD) • The MRS is a location where UXO or DMM (e.g., munitions, bulk explosives, bulk 8 unit. pyrotechnic, or bulk propellants) were burned or detonated for the purpose of treat- ment prior to disposal. Former practice munitions range ...... • The MRS is a former range on which only practice munitions without sensitive 6 fuzes were used. Former maneuver area ...... • The MRS is a former maneuver area where no munitions other than flares, simula- 5 tors, smokes, and blanks were used. There must be evidence that no other muni- tions were used at the location to place an MRS into this category. Former burial pit or other disposal area .... • The MRS is a location where DMM were buried or disposed of (e.g., disposed of 5 into a water body) without prior thermal treatment. Former industrial operating facilities ...... • The MRS is a location that is a former munitions manufacturing or demilitarization 4 facility. Former firing points ...... • The MRS is a firing point, when the firing point is delineated as an MRS separate 4 from the rest of a former range. Former missile or air defense artillery em- • The MRS is a former missile defense or air defense artillery (ADA) emplacement 2 placements. not associated with a range. Former storage or transfer points ...... • The MRS is a location where munitions were stored or handled for transfer be- 2 tween modes (e.g., rail to truck, truck to weapon system). Former small arms range ...... • The MRS is a former military range where only small arms were used. There must 1 be evidence that no other type of munitions (e.g., grenades) were used or are present at the location to place an MRS into this category. Evidence of no munitions ...... • Following investigation of the MRS, there is physical evidence that no UXO or 0 DMM are present, or there is historical evidence indicating that no UXO or DMM are present. Notes: • Former (as in ‘‘former range’’) means the MRS is a location that was: (1) closed by a formal decision made by the DoD Component with ad- ministrative control over the location, or (2) put to a use incompatible with the presence of UXO, DMM, or MC. • Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowledge of site conditions, or (3) found and verified other forms of information. • Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. • Practice munitions means munitions that contain an inert filler (e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic charge), and a fuze. • The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

(2) Accessibility Factor • The likelihood for direct contact munitions’’ is important as it requires with the munition based on its DoD to investigate all MRS for the The Accessibility factor of the EHE proximity to the surface presence of UXO or DMM. Further, DoD module focuses on the potential for • The potential for the munitions to adopted the criteria for physical and receptors to encounter the UXO or DMM be brought to the surface by dynamic historical evidence as an affirmative that that may be present on a MRS. This site conditions (e.g., erosion). the DoD Components will collect factor consists of three data elements This data element differentiates information upon which to base that constitute 40 percent of the among MRS where intact UXO or DMM decisions. This approach to physical or numerical score of the EHE module. are present, as opposed to the MRS historical evidence is intended to where only munitions fragments are The data element Information on the preclude decisions based on the logic found. This data element also Location of Munitions is an evaluation that ‘‘* * * there is no physical/ differentiates between ‘‘confirmed’’ of the following three conditions that historical evidence of * * *, which versus ‘‘suspected’’ evidence. As with were combined into one data element to both data elements in the Explosive could mean there is an absence of best represent the potential for Hazard factor, this data element has an information on what physical or encountering munitions. ‘‘evidence of no munitions’’ historical evidence is available. • The confirmed or suspected classification, which can only be used The classifications, the definition for presence of munitions based on if, after investigation, there is physical each classification, and associated physical evidence (e.g., presence or or historical evidence that indicates numerical scores for the Information on absence of munitions, fragments, firing there are no munitions present. The the Location of Munitions data element records, anecdotal information) definition for ‘‘evidence of no are presented in Table 3.

TABLE 3.—CLASSIFICATIONS WITHIN THE EHE INFORMATION ON THE LOCATION OF MUNITIONS DATA ELEMENT

Classification Description Score

Confirmed surface ...... • Physical evidence indicates there are UXO or DMM on the surface of the MRS ..... 25 • Historical evidence (e.g., a confirmed incident report or accident report) indicates there are UXO or DMM on the surface of the MRS.

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TABLE 3.—CLASSIFICATIONS WITHIN THE EHE INFORMATION ON THE LOCATION OF MUNITIONS DATA ELEMENT— Continued

Classification Description Score

Confirmed, subsurface, active ...... • Physical evidence indicates the presence of UXO or DMM in the subsurface of the 20 MRS and the geological conditions at the MRS are likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive activities (e.g., plowing, construction, dredging) at the MRS that are likely to expose UXO or DMM. • Historical evidence indicates that UXO or DMM are located in the subsurface of the MRS and the geological conditions at the MRS are likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive ac- tivities (e.g., plowing, construction, dredging) at the MRS that are likely to expose UXO or DMM. Confirmed subsurface, stable ...... • Physical evidence indicates the presence of UXO or DMM in the subsurface of the 15 MRS and the geological conditions at the MRS are not likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena, or there are no intrusive activities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause UXO or DMM to be exposed. • Historical evidence indicates that UXO or DMM are located in the subsurface of the MRS and the geological conditions at the MRS are not likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena, or there are no intrusive activities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause UXO or DMM to be exposed Suspected (physical physical evidence) .... • There is physical evidence other than the documented presence of UXO or DMM, 10 indicating that UXO or DMM may be present at the MRS. Suspected (historical evidence) ...... • There is historical evidence indicating that UXO or DMM may be present at the 5 MRS. Subsurface, physical constraint ...... • There is physical or historical evidence indicating the UXO or DMM may be 2 present in the subsurface, but there is a physical constraint (e.g., pavement, water depth over 120 feet) preventing direct access to the UXO or DMM. Small arms (regardless of location) ...... • The presence of small arms ammunitions is confirmed or suspected, regardless of 1 other factors such as geological stability. There must be evidence that no other types of munitions (e.g., grenades) were used or are present at the MRS to in- clude it in this category. Evidence of no munitions ...... • Following investigation of the MRS, there is physical evidence there are no UXO 0 or DMM present or there is historical evidence indicating that no UXO or DMM are present. Notes: • Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowledge of site conditions, or (3) found and verified other forms of information. • Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. • In the subsurface means the munition (i.e., a DMM or UXO) is (1) entirely beneath the ground surface, or (2) fully submerged in a water body. • On the surface means the munition (i.e., a DMM or UXO) is: (1) entirely or partially exposed above the ground surface, or (2) entirely or par- tially exposed above the surface of a water body (e.g., as a result of tidal activity). • The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

The Ease of Access data element fencing) are considered in this analysis. characterized and have varying focuses on the means for a receptor to DoD initially deliberated over numerous conditions across the MRS (e.g., short encounter a munition based on the data elements and associated definitions grass and dense swamp). extent of controls preventing access or to best capture these conditions. DoD The classifications, the definition for entry to the MRS. Both natural obstacles found the conditions within this data each classification, and associated (e.g., dense vegetation, rugged terrain, element difficult to capture, especially numerical scores for the Ease of Access water) and man-made controls (e.g., for large MRS that have not been fully element are presented in Table 4.

TABLE 4.—CLASSIFICATIONS WITHIN THE EHE EASE OF ACCESS DATA ELEMENT

Classification Description Score

No barrier ...... • There is no barrier preventing access to all parts of the MRS (i.e., all parts of the 10 MRS are accessible). Barrier to MRS access is incomplete ...... • There is a barrier preventing access to parts of the MRS but not the entire MRS ... 8 Barrier to MRS access is complete but not • There is a barrier preventing access to all parts of the MRS, but there is no sur- 5 monitored. veillance (e.g., by a guard) to ensure that the barrier is effectively preventing ac- cess to all parts of the MRS.

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TABLE 4.—CLASSIFICATIONS WITHIN THE EHE EASE OF ACCESS DATA ELEMENT—Continued

Classification Description Score

Barrier to MRS access is is complete and • There is a barrier preventing access to all parts of the MRS, and there is active, 0 monitored. continual surveillance (e.g., by a guard, video monitoring) to ensure that the barrier is effectively preventing access to all parts of the MRS. Notes: Barrier means a natural obstacle or obstacles (e.g., difficult terrain, dense vegetation, deep or fast moving water), a man-made obsta- cle or obstacles (e.g., fencing), or a combination of natural and man-made obstacles.

The last data element in the allotments, and Alaska Native Claims classifications, DoD control, Scheduled Accessibility factor is Status of Property. Settlement Act (ANCSA)-conveyed for transfer from DoD control, and Non- Its purpose is to differentiate between property). DoD also included property DoD control. MRS that DoD controls and MRS that transferring from DoD control within 3 The classifications, the definition for DoD does not control. Based on input years in this data element to address each classification, and associated received during the development of the those MRS that may be currently numerical values for the Status of Protocol, DoD revised the definition of controlled by DoD but are planned for Non-DoD control to specifically include transfer to non-DoD entities in the near Property data element are presented in all Indian lands (i.e., trust lands, future. There are three property Table 5.

TABLE 5.—CLASSIFICATIONS WITHIN THE EHE STATUS OF PROPERTY DATA ELEMENT

Classification Description Score

Non-DoD control ...... • The MRS is at a location that is no longer owned by, leased to, or otherwise pos- 5 sessed or used by the DoD. Examples are privately owned land or water bodies; land or water bodies owned or controlled by American Indian or Alaskan Native Tribes, or State or local governments; and lands or water bodies managed by other Federal agencies. Scheduled for transfer from DoD control ... • The MRS is on land or is a water body that is owned, leased, or otherwise pos- 3 sessed by DoD, and DoD plans to transfer that land or water body to the control of another entity (e.g., a State, American Indian, Alaskan Native, or local government; a private party; or another Federal agency) within 3 years from the date the Pro- tocol is applied. DoD control ...... • The MRS is on land or is a water body that is owned, leased, or otherwise pos- 0 sessed by the DoD. With respect to property that is leased or otherwise pos- sessed, DoD must control access to the MRS 24-hours per day, every day of the calendar year.

(3) Receptor Factor than one county, DoD will use the of census data. DoD considered this The Receptor factor focuses on the largest population value among the approach but, for consistency in the human and ecological populations that counties. DoD selected county Protocol’s application, determined that may be impacted by the presence of population density for this data element such site-specific data would best be UXO or DMM. Its four data elements because city population information addressed through implementation constitute 20 percent of the numerical was not consistently available for all guidance or possibly considered as ‘‘risk score of the EHE module. MRS, especially those in rural or remote plus’’ or ‘‘other’’ factors when The Population Density data element locations. If the MRS is within or determining the sequencing for MRS. is used to assess the number of persons borders on city limits, the population DoD also initially considered that could potentially access the MRS density of the city should be used differentiating between on-site and off- and potentially be at risk from any instead of the county population site populations but found such an known or suspected UXO or DMM density. During consultation with approach unworkable. present. Using U.S. Census Bureau States, Tribes, and other Federal The classifications, the definition for statistics, Population Density is based agencies, some agencies expressed a each classification, and associated on the number of people per square mile desire to use alternate and other readily numerical scores for the Population in the county in which the MRS is available data (e.g., daily visitor counts Density data element are presented in located. If the MRS is located in more to national recreational areas) in place Table 6.

TABLE 6.—CLASSIFICATIONS WITHIN THE EHE POPULATION DENSITY DATA ELEMENT

Classification Description Score

> 500 persons per square mile ...... • There are more than 500 persons per square mile in the county in which the MRS 5 is located, based on U.S. Census Bureau data. 100–500 persons per square mile ...... • There are 100 to 500 persons per square mile in the county in which the MRS is 3 located, based on U.S. Census Bureau data. < 100 persons per square mile ...... • There are fewer than 100 persons per square mile in the county in which the MRS 1 is located, based on U.S. Census Bureau data. Notes: If an MRS is in more that one county, the DoD Component will use the largest population value among the counties. If the MRS is within or borders a city or town, the population density for the city or town instead of the county population density is used.

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The Population Near Hazard data defined based on the number of The classifications, the definition for element is estimated based on the inhabited structures, DoD’s focus is on each classification, and associated number of inhabited structures 2 on the the potential for people to be present in numerical scores for the Population MRS and within a 2-mile distance, the structures, not on the structures Near Hazard data element are presented extending out from the boundary of the themselves. in Table 7. MRS. Although this data element is

TABLE 7.—CLASSIFICATIONS WITHIN THE EHE POPULATION NEAR HAZARD DATA ELEMENT

Classification Description Score

26 or more structures ...... • There are 26 or more inhabited structures located up to 2 miles from the boundary 5 of the MRS, within the boundary of the MRS, or both. 16 to 25 ...... • There are 16–25 inhabited structures located up to 2 miles from the boundary of 4 the MRS, within the boundary of the MRS, or both. 11 to 15 ...... • There are 11–15 inhabited structures located up to 2 miles from the boundary of 3 the MRS, within the boundary of the MRS, or both. 6 to 10 ...... • There are 6–10 inhabited structures located up to 2 miles from the boundary of the 2 MRS, within the boundary of the MRS, or both. 1 to 5 ...... • There are 1–5 inhabited structures located up to 2 miles from the boundary of the 1 MRS, within the boundary of the MRS, or both. 0 ...... • There are no inhabited structures located up to 2 miles from the boundary of the 0 MRS, within the boundary of the MRS, or both. Notes: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, that are routinely occupied by one or more persons for any portion of a day.

The Types of Activities/Structures likelihood of people to congregate on- subsistence issues in the highest data element is used to assess the nature site and within a 2-mile radius of the classification. of the population near the hazard. MRS. Residential and recreational areas The classifications, the definition for Through this element, DoD strives to are weighted highest to reflect the each classification, and associated address multiple factors, including the greater number and types of activities numerical scores for the Types of amount, type, and intrusiveness of and population that may be in their Activities/Structures data element are activities that may result in an vicinity. In response to Tribal encounter with UXO or DMM and the comments, DoD also included presented in Table 8.

TABLE 8.—CLASSIFICATIONS WITHIN THE EHE TYPES OF ACTIVITIES/STRUCTURES DATA ELEMENT

Classification Description Score

Residential, educational, commercial, or • Activities are conducted or inhabited structures are located up to 2 miles from the 5 subsistence. MRS’s boundary or, within the MRS’s boundary that are associated with any of the following purposes: residential, educational, child care, critical assets (e.g., hos- pitals, fire and rescue, police stations, dams), hotels, commercial, shopping cen- ters, play grounds, community gathering areas, religious sites, or sites used for subsistence hunting, fishing, and gathering. Parks and recreational areas ...... • Activities are conducted or inhabited structures are located up to 2 miles from the 4 MRS’s boundary or within the MRS’s boundary that are associated with parks, na- ture preserves or other recreational uses. Agricultural, forestry ...... • Activities are conducted or inhabited structures are located up to 2 miles from the 3 MRS’s boundary or within the MRS’s boundary that are associated with agriculture or forestry. Industrial or warehousing ...... • Activities are conducted or inhabited structures are located up to 2 miles from the 2 MRS’s boundary or within the MRS’s boundary that are associated with industrial activities or warehousing. No known or recurring activities ...... • There are no known or recurring activities occurring up to 2 miles from the MRS’s 1 boundary or within the MRS’s boundary. Notes: • The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, are routinely occupied by one or more persons for any portion of a day.

Through the Ecological and/or critical habitat, sensitive ecosystems, particular feature is a cultural resource Cultural Resources data element, DoD natural resources, historical sites, are found in the National Historic recognizes the importance of ecological historic properties, cultural items, Preservation Act, Native American and cultural resources present on an archaeological resources, and American Graves Protection and Repatriation Act, MRS. This data element considers Indian and Alaska Native sacred sites. Archaeological Resources Protection threatened and endangered species, Requirements for determining if a Act, Executive Order 13007, and the

2 Under the DoD Explosives Safety Standards, passenger terminals, stores, shops, factories, portion of the day, both within and outside of DoD inhabited structures are considered as structures, hospitals, and theaters, other than DoD munitions- facilities. Occupied temporary structures are also including schools, churches, residences, aircraft related structures, routinely occupied for any included.

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American Indian Religious Freedom MRS with both cultural and ecological numerical scores for the Ecological and/ Act. The greatest weight is awarded to resources. or Cultural Resources data element are The classifications, the definition for presented in Table 9. each classification, and associated

TABLE 9.—CLASSIFICATIONS WITHIN THE EHE ECOLOGICAL AND/OR CULTURAL RESOURCES DATA ELEMENT

Classification Description Score

Ecological and cultural resources present • There are both ecological and cultural resources present on the MRS ...... 5 Ecological resources present ...... • There are ecological resources present on the MRS ...... 3 Cultural resources present ...... • There are cultural resources present on the MRS ...... 3 No ecological or cultural resources • There are no ecological resources or cultural resources present on the MRS ...... 0 present. Notes: • Ecological resources means that: (1) A threatened or endangered species (designated under the Endangered Species Act (ESA)) is present on the MRS; or (2) the MRS id designated under the ESA as critical habitat for a threatened or endangered species; or (3) there are identified sensitive ecosystems such as wetlands or breeding grounds present on the MRS. • Cultural resources means there are recognized cultural, traditional, spiritual, religious, or historical features (e.g., structures, artifacts, sym- bolism) on the MRS. For example, American Indians or Alaska Natives deem the MRS to be of religious significance or there are areas that are used by American Indians or Alaska Natives for subsistence activities (e.g., hunting, fishing). Requirements for determining if a particular feature is a cultural resource are found in the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, Archae- ological Resources Protection Act, Executive Order 13007, and the American Indian Religious Freedom Act.

(4) EHE Module Rating contributes to the EHE module score. illustrated in Table 10, plus three The sum of the nine data elements is the alternatives to account for the explosive As described earlier in discussion of EHE module score. hazard potential at an MRS. the EHE module, each data element There are seven EHE module ratings provides a numeric value that derived from the EHE module scores, as

TABLE 10.—DETERMINING THE EHE RATING FROM THE EHE MODULE SCORE

Overall EHE Module Score EHE Rating

The MRS has an overall EHE module score from 92 to 100 ...... EHE Rating A The MRS has an overall EHE module score from 82 to 91 ...... EHE Rating B The MRS has an overall EHE module score from 71 to 81 ...... EHE Rating C The MRS has an overall EHE module score from 60 to 70 ...... EHE Rating D The MRS has an overall EHE module score from 48 to 59 ...... EHE Rating E The MRS has an overall EHE module score from 38 to 47 ...... EHE Rating F The MRS has an overall EHE module score less than 38 ...... EHE Rating G

In addition, there are three other evaluation of the chemical hazards CWA and other chemicals. All forms of possible outcomes: associated with the physiological effects CAIS are scored the same in this • Evaluation pending. This category of chemical warfare materiel (CWM). Protocol, except CAIS K941, toxic gas is used when UXO or DMM are believed The CHE module is used only when set M–1; and K942, toxic gas set M–2/ or known to be present at an MRS, but CWM are known or suspected of being E11, which are scored higher due to the sufficient information is not available to present at an MRS. relatively large quantities of agent they conduct the evaluation. CWM is a general term that is contain. • No longer required. Within the EHE comprised of four subcategories: module, this category is reserved for • CWM, explosively configured are all The CWA contained in each of the MRS that no longer require evaluation munitions that contain a CWA fill and subcategories of CWM are chemicals for an explosives hazard potential any explosive component. Examples are chosen for military applications, and are because DoD has conducted a response, M55 rockets with CWA, the M23 VX intended to kill, seriously injure, or all response objectives set out in the mine, and the M360 105-millimeter GB incapacitate a person through decision document for the MRS have artillery cartridge. physiological effects. CWA is comprised been achieved, and no further action, • CWM, nonexplosively configured of V- and G-series nerve agents, H-series except for long-term management and are all munitions that contain a CWA (i.e., ‘‘mustard’’ agents) and L (i.e., recurring reviews, is required. but that do not include any energetic lewisite) blister agents, and certain • No known or suspected explosive material. Examples are any chemical industrial chemicals used by the hazard. This category is reserved for munition that does not contain military as weapons, including MRS that do not require evaluation explosive components (e.g., a burster, phosgene, hydrogen cyanide (AC), under the EHE module because no fuze), and VX or mustard agent spray cyanogen chloride (CK), or carbonyl potential explosive hazard was canisters. dichloride (called phosgene or CG). • CWM, bulk container are all non- identified. CWA does not include riot control munitions-configured containers of agents (e.g., w-chloroacetophenone (CN) B. The Chemical Warfare Materiel CWA (e.g., ton containers). Hazard Evaluation (CHE) Module • Chemical agent identification sets and o-chlorobenzylidenemalononitrile The second hazard evaluation module (CAIS) are military training aids (CS) tear gas), chemical herbicides, comprising an MRS priority is containing small quantities of various smoke or incendiary compounds, and

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industrial chemicals that are not Receptor factor are identical with those historical evidence that indicates there configured as military munitions. in the EHE module. is no CWM present. The definition for ‘‘evidence of no CWM’’ is important as Some CWM will be UXO (e.g., a fired (1) CWM Hazard Factor Stoke’s mortar round that contains a it requires DoD to investigate all MRS The CWM Hazard factor is comprised for the presence of CWM. Further, DoD’s phosgene fill); some will be DMM (e.g., of two data elements, CWM a discarded munition containing a adoption of the criteria for physical and Configuration and Sources of CWM, and historical evidence serves as an chemical fill, or CAIS that were buried constitutes 40 percent of the CHE affirmation that the DoD Components as a means of disposal). module score. The CWM Hazard factor will collect information upon which to This module is not used to evaluate is similar to the Explosive Hazard factor base decisions. This approach to environmental media and debris of the EHE module, but has been physical or historical evidence is containing chemical warfare agents (i.e., modified to address the unique intended to preclude decisions based on characteristics of CWM. CWA-media and CWA-debris), as they the logic that ‘‘* * * there is no The CWM Configuration data element are evaluated using the Relative Risk physical/historical evidence of * * *’’ estimates the potential hazard based on Site Evaluation module. where the phrase could mean that there the amount of CWA that may be is an absence of information on what Under the CHE module, nine data contained in the munition, its elements of MRS information likelihood to be dispersed, and the physical or historical evidence is comprising three areas are evaluated: condition of the munition. Similar to available. CWM Hazard, Accessibility, and the Munitions Type data element in the The classifications, the definition for Receptors. The CWM Hazard factor is EHE module, DoD has also included an each classification, and associated structured to evaluate the unique ‘‘evidence of no CWM’’ classification, numerical scores for the CWM characteristics of CWM. The data which can only be used if, after Configuration data element are elements in the Accessibility factor and investigation, there is physical or presented in Table 11.

TABLE 11.—CLASSIFICATIONS WITHIN THE CHE CWM CONFIGURATION DATA ELEMENT

Classification Description Score

CWM, explosive configuration, either UXO The CWM known or suspected of being present at the MRS is: ...... 30 or damaged DMM. • Explosively configured CWM that are UXO (i.e., CWM/UXO). • Explosively configured CWM that are DMM that have been damaged (CWM/DMM) CWM mixed with UXO ...... • The CWM known or suspected of being present at the MRS are CWM/DMM that 25 are co-mingled with conventional munitions that are UXO. CWM, explosive configuration that are • The CWM known or suspected of being present at the MRS are explosively config- 20 DMM (unused). ured CWM/DMM that have not been damaged. CWM, not-explosively configured or CWM, The CWM known or suspected of being present at the MRS is: ...... 15 bulk container. • Non-explosively configured CWM/DMM • Bulk CWM/DMM (e.g., ton container) CAIS K941 and CAIS K942 ...... • The CWM/DMM known or suspected of being present at the MRS is CAIS K941- 12 toxic gas set M–1 or CAIS K942-toxic gas set M–2/E11. CAIS (chemical agent identification sets) .. • The CWM known or suspected of being present at the MRS are only CAIS/DMM. 10 The CAIS present cannot include CAIS K941, toxic gas set M–1; and K942, toxic gas set M–2/E11 for the MRS to be assigned this rating. Evidence of no CWM ...... • Following investigation, the physical evidence indicates that CWM are not present 0 at the MRS, or the historical evidence indicates that CWM are not present at the MRS. Notes: • The notation CWM/DMM means CWM that are DMM. • The term CWM /UXO means CWM that are UXO. • Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowledge of site conditions, or (3) found and verified other forms of information. • Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations.

The Sources of CWM data element where chemical munitions were only The classifications, the definition for addresses the type of activities that were stored or transferred during transport each classification, and associated conducted at the MRS and how and to pose the least hazard. As with the CWM numerical scores for the Sources of what extent CWM were used or may be Configuration data element, DoD has CWM data element are presented in present. The source expected to pose the provided an ‘‘evidence of no CWM’’ Table 12. greatest hazard is a range that supported classification for the Sources of CWM live-fire testing or training using data element. explosively configured CWM. MRS

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TABLE 12.—CLASSIFICATIONS WITHIN THE CHE SOURCES OF CWM DATA ELEMENT

Classification Description Score

Live-fire involving CWM ...... • The MRS is a range that supported live-fire of explosively configured CWM, and 10 the CWM/UXO are known or suspected of being present on the surface or in the subsurface • The MRS is a range that supported live-fire with conventional munitions, and CWM/DMM are on the surface or in the subsurface co-mingled with conventional munitions that are UXO Damaged CWM/DMM or CAIS/DMM, sur- • There are damaged CWM/DMM on the surface or in the subsurface at the MRS 10 face or subsurface. Undamaged CWM/DMM or CAIS/DMM, • There are undamaged CWM/DMM on the surface at the MRS 10 surface. Undamaged CWM/DMM, or CAIS/DMM, • There are undamaged CWM/DMM in the subsurface at the MRS 5 subsurface. Production facilities of CWM or CAIS ...... • The MRS is a facility that engaged inproduction of CWM, and there are CWM/ 3 DMM suspected of being present on the surface or in the subsurface Research, Development, Testing, and • The MRS is at a facility that was involved in non-live fire RDT&E activities (includ- 3 Evaluation (RDT&E) facility using CWM ing static testing) involving CWM, and there are CWM/DMM suspected of being or CAIS. present on the surface or in the subsurface Training facility using CWM or CAIS ...... • The MRS is a location that was involved in training activities involving CWM and/or 2 CAIS (e.g., training in recognition of CWA, decontamination training), and CWM/ DMM are suspected of being present on the surface or in the subsurface Storage or transfer points of CWM ...... • The MRS is a former storage facility or transfer point (e.g., inter-modal transfer) for 1 CWM Evidence of no CWM ...... • Following investigation, the physical evidence indicates that CWM are not present 0 at the MRS, or the historical evidence indicates that CWM are not present at the MRS Notes: • The notation CWM/DMM means CWM that are DMM. • The term CWM /UXO means CWM that are UXO. • Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowledge of site conditions, or (3) found and verified other forms of information. • Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. • In the subsurface means the CWM (e.g., a DMM or UXO) is: (1) Entirely beneath the ground surface, or (2) fully submerged in a water body. • On the surface means the CWM (i.e., a DMM or UXO) is: (1) Entirely or partially exposed above the ground surface, or (2) entirely or par- tially exposed above the surface of a water body (e.g., as a result of tidal activity).

(2) Accessibility Factor represent the potential for encountering This data element attempts to CWM: differentiate MRS where a true hazard is The Accessibility factor of the CHE • The confirmed or suspected present opposed to the numerous MRS module focuses on the potential for presence of CWM based on physical receptors to encounter the CWM known where only CWM fragments remain or evidence (e.g., presence or absence of where CWM were only transferred or or suspected to be present on a MRS. munitions fragments, firing records, This factor consists of three elements stored. It also differentiates between anecdotal information) ‘‘known’’ versus ‘‘suspected’’ evidence. that constitute 40 percent of the CHE • The likelihood for direct contact module numerical score. with CWM based on its proximity to the The classifications, the definition for The data element Information on the surface each classification, and associated Location of CWM is an evaluation of the • The potential for the CWM to reach numerical scores for the Information on following three conditions that were the surface due to dynamic site the Location of CWM element are combined into one data element to best conditions (e.g., erosion). presented in Table 13.

TABLE 13.—CLASSIFICATIONS WITHIN THE CHE INFORMATION ON THE LOCATION OF CWM DATA ELEMENT

Classification Description Score

Confirmed surface ...... • Physical evidence indicates there are CWM on the surface of the MRS ...... 25 • Historical evidence (e.g., a confirmed incident report or accident report) indicates there are CWM on the surface of the MRS. Confirmed subsurface, active ...... • Physical evidence indicates the presence of CWM in the subsurface of the MRS 20 and the geological conditions at the MRS are likely to cause CWM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive activities (e.g., plow- ing, construction) at the MRS that are likely to expose CWM. • Historical evidence indicates that CWM are located in the subsurface of the MRS and the geological conditions at the MRS are likely to cause CWM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive activities (e.g., plow- ing, construction, dredging) at the MRS that are likely to cause CWM.

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TABLE 13.—CLASSIFICATIONS WITHIN THE CHE INFORMATION ON THE LOCATION OF CWM DATA ELEMENT—Continued

Classification Description Score

Confirmed subsurface, stable ...... • Physical evidence indicates the presence of CWM in the subsurface of the MRS 15 and the geological conditions at the MRS are not likely to cause CWM to be ex- posed in the future by naturally occurring phenomena, or there are no intrusive ac- tivities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause CWM to be exposed.. • Historical evidence indicates that CWM are located in the subsurface of the MRS and the geological conditions at the MRS are not likely to cause CWM to be ex- posed in the future by naturally occurring phenomena, or there are no intrusive ac- tivities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause CWM to be exposed. Suspected (physical evidence) ...... • There is physical evidence other than the documented presence of CWM, indi- 10 cating that CWM may be present at the MRS. Suspected (historical evidence) ...... • There is historical evidence indicating that CWM may be present at the MRS ...... 10 Subsurface, physical constraint ...... • There is physical or historical evidence indicating the CWM may be present in the 2 subsurface, but there is a physical constraint (e.g., pavement, water depth over 120 feet) preventing direct access to the CWM. Evidence of no CWM ...... • Following investigation of the MRS, there is physical evidence there is no CWM 0 present, or there is historical evidence indicating that no CWM are present. Notes: • Historical evidence means that the investigation: (1) found written documents or records, or (2) documented interviews of persons with knowledge of site conditions, or (3) found and verified other forms of information. • Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. • In the subsurface means the munition (i.e., a DMM or UXO) is (1) entirely beneath the ground surface, or (2) fully submerged in a water body. • On the surface means the CWM (e.g., a DMM or UXO) is (1) entirely or partially exposed above the ground surface, or (2) entirely or par- tially exposed above the surface of a water body (e.g., as a result of tidal activity). • The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

The Ease of Access data element are considered in this analysis. DoD characterized and had varying focuses on the means for an encounter deliberated over numerous data conditions across the MRS (e.g., short with CWM based on the extent of elements and associated definitions to grass and dense swamp). controls preventing access or entry to best capture these conditions. DoD The classifications, the definition for the MRS. Both natural obstacles (e.g., found the conditions within this data each classification, and associated dense vegetation, rugged terrain, water) element difficult to capture, especially numerical scores for the Ease of Access and man-made controls (e.g., fencing) for large MRS that have not been data element are presented in Table 14.

TABLE 14.—CLASSIFICATIONS WITHIN THE CHE EASE OF ACCESS DATA ELEMENT

Classification Description Score

No barrier ...... • There is no barrier preventing access to all parts of the MRS (i.e., all parts of the 10 MRS are accessible). Barrier to MRS access is incomplete ...... • There is a barrier preventing access to parts of the MRS but not the entire MRS ... 8 Barrier to MRS access is complete but not • There is a barrier preventing access to all parts of the MRS, but there is no sur- 5 monitored. veillance (e.g., by a guard) to ensure that the barrier is effectively preventing ac- cess to all parts of the MRS. Barrier to MRS access is complete and • There is a barrier preventing access to all parts of the MRS, and there is active 0 monitored. continual surveillance (e.g., by a guard, video monitoring) to ensure that the barrier is effectively preventing access to all parts of the MRS. Notes: Barrier means a natural obstacle or obstacles (e.g., difficult terrain, dense vegetation, deep or fast moving water), a man-made obsta- cle or obstacles (e.g., fencing), or a combination of natural and man-made obstacles.

The last data element in the lands (i.e., trust lands, allotments, and classifications, DoD control, Scheduled Accessibility factor is Status of Property. Alaska Native Claims Settlement Act for transfer from DoD control, and Non- Its purpose is to differentiate between (ANCSA)-conveyed property). DoD also DoD control. MRS that DoD controls and MRS that included property transferring from DoD The classifications, the definition for DoD does not control. Based on control within 3 years in this data each classification, and associated comments received during the element to address those MRS that may numerical scores for the Status of consultation with the Tribes, DoD be currently controlled by DoD but are Property data element are presented in revised the definition of Non-DoD planned for transfer to non-DoD entities control to specifically include all Indian in the near future. There are three Table 15.

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TABLE 15.—CLASSIFICATIONS WITHIN THE CHE STATUS OF PROPERTY DATA ELEMENT

Classification Description Score

Non-DoD control ...... • The MRS is at a location that is no longer owned by, leased to, or otherwise pos- 5 sessed or used by the DoD. Examples are privately owned land or water bodies; land or water bodies owned or controlled by American Indian or Alaskan Native Tribes, or State or local governments; and lands or water bodies managed by other Federal agencies. Scheduled for transfer from DoD control ... • The MRS is on land or is a water body that is owned, leased, or otherwise pos- 3 sessed by control DoD, and DoD plans to transfer that land or water body to con- trol of another entity (e.g., a State, American Indian, Alaskan Native, or local gov- ernment; a private party; another Federal agency) within 3 years from the date the Protocol is applied. DoD control ...... • The MRS is on land or is a water body that is owned, leased, or otherwise pos- 0 sessed by the DoD. With respect to property that is leased or otherwise pos- sessed, DoD controls access to the property 24-hours per day, every day of the calendar year.

(3) Receptor Factor more than one county, DoD will use the of census data. DoD considered this largest population value among the approach but, for consistency in the The Receptor factor focuses on the counties. DoD selected county Protocol’s application, determined that human and ecological populations that population density for this element such site-specific data would best be may be impacted by the presence of because city population information addressed in implementation guidance CWM. Its four data elements constitute was not consistently available for all or considered as ‘‘risk plus’’ or ‘‘other’’ 20 percent of numerical score of the MRS, especially those in more rural or CHE module. factors when determining the remote locations. If the MRS is within sequencing for MRS. DoD also initially The Population Density data element or borders on city limits, the population considered differentiating between on- is used to both assess the number of density of the city should be used site and off-site populations but found persons that could potentially access the instead of the county population such an approach unworkable. MRS and potentially be at risk from density. During consultation with known or suspected CWM present at the States, Tribes, and other Federal The classifications, the definition for MRS. Using U.S. Census Bureau data, it agencies, some agencies expressed a each classification, and associated is based on the number of people per desire to use alternate and other readily numerical scores for the Population square mile in the county in which the available data (e.g., daily visitor counts Density data element are presented in MRS is located. If the MRS is located in to national recreational areas) in place Table 16.

TABLE 16.—CLASSIFICATIONS WITHIN THE CHE POPULATION DENSITY DATA ELEMENT

Classification Definition Score

> 500 persons per square mile ...... • There are more than 500 persons per square mile in the county in which the MRS 5 is located, based on U.S. Census Bureau data. 100-500 persons per square mile ...... • There are 100 to 500 persons per square mile in the county in which the MRS is 3 located, based on U.S. Census Bureau data. < 100 persons per square mile ...... • There are fewer than 100 persons per square mile in the county in which the MRS 1 is located, based on U.S. Census Bureau data. Notes: • If an MRS is in more that one county, the DoD Component will use the largest population value among the counties. If the MRS is within or borders a city or town, the population density for the city or town instead of the county population density is used.

The Population Near Hazard data based on the number of inhabited The classifications, the definition for element is estimated based on the structures, DoD’s focus is on the each classification, and associated number of inhabited structures 3 on the potential for human populations within numerical scores for the Population MRS and within a 2-mile distance the structures, not on the structures Near Hazard data element are presented extending out from the boundary of the themselves. in Table 17. MRS. Although this element is defined

TABLE 17.—CLASSIFICATIONS WITHIN THE CHE POPULATION NEAR HAZARD DATA ELEMENT

Classification Description Score

26 or more structures ...... • There are 26 or more inhabitated structures located up to 2 miles from the bound- 5 ary of the MRS, within the boundary of the MRS, or both. 16 to 25 ...... • There are 16 — 25 inhabitated structures located up to 2 miles from the boundary 4 of the MRS, within the boundary of the MRS, or both.

3 Under the DoD Explosive Safety Standards, passenger terminals, stores, shops, factories, portion of the day, both within and outside of DoD inhabited structures are considered as structures, hospitals, and theaters, other than DoD munitions- facilities. Occupied temporary structures are also including schools, churches, residences, aircraft related structures, routinely occupied for any included.

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TABLE 17.—CLASSIFICATIONS WITHIN THE CHE POPULATION NEAR HAZARD DATA ELEMENT—Continued

Classification Description Score

11 to 15 ...... • There are 11 — 15 inhabitated structures located up to 2 miles from the boundary 3 of the MRS, within the boundary of the MRS, or both. 6 to 10 ...... • There are 6 — 10 inhabited structures located up to 2 miles from the boundary of 2 the MRS, within the boundary of the MRS, or both. 1 to 5 ...... • There are 1 —5 inhabited structures located up to 2 miles from the boundary of 1 the MRS, within the boundary of the MRS, or both. 0 ...... • There are no inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both. Notes: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, that are routinely occupied by one or more persons for any portion of a day.

The Types of Activities/Structures onsite and within a 2-mile radius of the to Tribal comments, DoD included data element is used to assess MRS. Consideration is made to reflect subsistence issues in the highest information about the population and the nature of the activities that may classification. activities near the hazard. Through this result in an encounter with CWM. The classifications, the definition for data element, DoD strives to address Residential and recreational areas are each classification, and associated multiple factors, including the amount, weighted highest to reflect the types of numerical scores for the Types of type, the intrusiveness of activities, and activities and population (e.g., children) Activities/Structures element are the likelihood of people to congregate that may be in their vicinity. In response presented in Table 18.

TABLE 18.—CLASSIFICATIONS WITHIN THE CHE TYPES OF ACTIVITIES/STRUCTURES DATA ELEMENT

Classification Description Score

Residential, educational, commerical, or • Activities are conducted or inhabited structures are located up to 2 miles from the 5 subsistence. MRS’s boundary, or within the MRS’s boundary that are associated with any of the following purposes; residential, educational, child care, critical assets (e.g., hos- pitals, fire and rescue, police stations, dams), hotels, commercial shopping cen- ters, playgrounds, community gathering areas, religious sites or sites used for sub- sistence hunting, fishing, and gathering. Parks and recreational areas ...... • Activities are conducted or inhibited structures are located up to 2 miles from the 4 MRS’s boundary or within the MRS’s boundary that area associated with parks, nature preserves or other recreational uses. Agricultural, forestry ...... • Activities are conducted or inhabited structures are located up to 2 miles from the 3 MRS’s boundary, within the MRS’s boundary that are associated with agriculture or forestry. Industrial or warehousing ...... • Activities are conducted or inhabited structures are located up to 2 miles from the 2 MRS’s boundary, within the MRS’s boundary that are associated with industrial ac- tivities or warehousing. No known or recurring activities ...... • There are no known of recurring recurring activities occurring up to 2 activities 1 miles from the MRS’s boundary or within the MRS’s boundary. Notes: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, are routinely oc- cupied by one or more persons for any portion of a day.

Through the Ecological and/or (e.g., the MRS is deemed by American Archeological Resources Protection Act, Cultural Resources data element, DoD Indian or Alaska Natives to be of Executive Order 13007, and the recognizes the importance of the spiritual significance, or there are areas American Indian Religious Freedom ecological and cultural resources that are used by American Indian and Act. The greatest weight is awarded to present on an MRS. This data element Alaska Natives for subsistence activities, MRS with both cultural and ecological considers threatened and endangered such as hunting or fishing). resources. species, critical habitat, sensitive Requirements for determining if a The classifications, the definition for ecosystems, natural resources, historical particular feature is a cultural resource each classification, and associated sites, historic properties, cultural items, are found in the National Historic numerical scores for the Ecological and/ archeological resources, and American Preservation Act, Native American or Cultural Resources data element are Indians or Alaska Natives spiritual sites Graves Protection and Repatriation Act, presented in Table 19.

TABLE 19.—CLASSIFICATIONS WITHIN THE CHE ECOLOGICAL AND/OR CULTURAL RESOURCES DATA ELEMENT

Classification Description Score

Ecological and cultural resources present • There are both ecological and cultural resources present on the MRS ...... 5 Ecological resources present ...... • There are ecological resources present on the MRS ...... 3 Cultural resources present ...... • There are cultural resources present on the MRS ...... 3

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TABLE 19.—CLASSIFICATIONS WITHIN THE CHE ECOLOGICAL AND/OR CULTURAL RESOURCES DATA ELEMENT—Continued

Classification Description Score

No ecological or cultural resources • There are no ecological resources or cultural resources present on the MRS ...... 0 present. Notes: • Ecological resources means that: (1) A threatened or endangered species (designated under the Endangered Species Act (ESA)) is present on the MRS; or (2) the MRS is designated under the ESA as critical habitat for a threatened or endangered species; or (3) there are identified sensitive ecosystems such as wetlands or breeding grounds present on the MRS. • Cultural resources means there are recognized cultural, spiritual, traditional, religious, or historical features (e.g., structures, artifacts, sym- bolism) on the MRS. For example, American Indians or Alaska Natives deem the MRS to be of spiritual significance or there are areas that are used by American Indians or Alaska Natives for subsistence activities (e.g., hunting, fishing). Requirements for determining if a particular feature is a cultural resource are found in the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, Archeological Resources Protection Act, Executive Order 13007, and the American Indian Religious Freedom Act.

(4) CHE Module Rating action, except for long-term evaluation of MRS information using As described earlier in discussion of management and recurring reviews, is three factors and four media and their the CHE module, each data element required. exposure endpoints: • • provides a numeric value that No known or suspected CWM Factors: Hazard. This category is reserved for —Contaminant hazard factor (CHF) contributes to the CHE module score. —Migration pathway factor (MPF) The sum of the nine data elements is the MRS that do not require evaluation under the CHE module. —Receptor factor (RF) CHE module score. • Endpoints: There are seven CHE module ratings C. The Relative Risk Site Evaluation —Groundwater, considering only a derived from the CHE module scores, as (RRSE) Hazard Module human receptor endpoint illustrated in Table 20, plus three —Surface water, using both a human In 1994, the DoD Inter-Service alternatives to account for the chemical and an ecological endpoint hazard potential at an MRS. Relative Risk Working Group, —Sediments, using both a human and comprised of representatives from the an ecological endpoint TABLE 20.—DETERMINING THE CHE DoD Components, developed the RRSE —Surface soils (i.e., soils in the depth framework for use in prioritizing sites RATING FROM THE CHE MODULE range of 0–6 inches) using a human under the Installation Restoration SCORE endpoint. program (IRP) category of the DERP. The Each environmental medium is Overall CHE module score CHE rating RRSE framework addresses chronic evaluated using three factors that relate health and environmental effects of to the three structural components of The MRS has an overall CHE Rating A many of the chemicals known to have the conceptual site model used in CHE module score from 92 been released into the environment from environmental risk assessments: source, to 100. activities at DoD installations and pathway, and receptor. In the RRSE, the The MRS has an overall CHE Rating B FUDS. The RRSE was revised in 1997, CHF (relationship of contaminants to CHE module score from 82 to address questions, comments, and to 91 comparison values) is the source term; DoD initiatives that arose during the MPF (likelihood/extent of contaminant The MRS has an overall CHE Rating C first twenty months of implementation. CHE module score from 71 migration) is the pathway term; and RF to 81 DoD will use the RRSE module to (likelihood of receptor exposure to The MRS has an overall CHE Rating D evaluate the potential hazards posed by contamination) is the receptor term. CHE module score from 60 munitions constituents or CWA at a Each of these three factors is rated on to 70 MRS relative to the hazard potential at a scale of three values (e.g., the scale for The MRS has an overall CHE Rating E other MRS. The grouping of MRS into the contaminant hazard factor is CHE module score from 48 high, medium, or low relative risk significant, moderate, or minimal) based to 59 categories is not a substitute for a on up-to-date and representative MRS The MRS has an overall CHE Rating F baseline risk assessment or health information. For each environmental CHE module score from 38 assessment, nor is it a means for to 47 medium, factor ratings are combined to The MRS has an overall CHE Rating G selecting a remedy or placing MRS into determine the environmental medium- CHE module score less a Response Complete/No Further Action specific rating of high, medium, or low. than 38 category. The MRS is then placed in an overall DoD has elected to apply the RRSE priority category of high, medium, or In addition, there are three other framework to evaluate the potential low, based on the highest medium- possible outcomes: chronic health and environmental specific rating. • Evaluation pending. This category effects of munitions constituents at MRS is used when CWM is believed or because it has been successfully used at (1) Contaminant Hazard Factor known to be present but sufficient sites in the IRP. Using the same The CHF is based on the ratio of the information is not available to conduct framework to evaluate IRP sites and maximum concentration of a the evaluation. MRS ensures consistency in the contaminant detected in an • No longer required. This category is approach taken to evaluate chronic environmental medium to an reserved for MRS that no longer require health and environmental effects of established risk-based comparison value an evaluation for a potential CWM chemicals released to the environment. for the contaminant in that medium. hazard because DoD has conducted a In the RRSE module, MRS with The CHF is rated significant, moderate response, all response objectives set out releases of munitions constituents or or minimal. A significant rating is given in the decision document for the MRS CWA are grouped in high, medium, and when the sum of ratios of the maximum have been achieved, and no further low priority categories based on an concentration of a contaminant detected

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to the comparison value is greater than the ratios are less than 2. The framework groundwater, surface water and 100. A moderate rating is given when uses available site information to sediment, and surface soils. the ratios are greater than 2 but less than evaluate three media of concern: The calculation is shown in Figure 2. 100. A minimal rating is assigned when

The comparison values used for this beyond the source (i.e., tens of feet), • Potential—Contamination in the evaluation are provided in the Relative could move but is not moving soil has moved only slightly beyond the Risk Site Evaluation Primer (Summer appreciably, or information is not source (i.e., tens of feet), could move but 1997, Revised Edition), which can be sufficient to make a determination of is not moving appreciably, or referenced through the World Wide Web Evident or Confined. information is not sufficient to make a in the publications sections at http:// • Confined—Information indicates determination of Evident or Confined. www.dtic.mil/envirodod. DoD will that the potential for contaminant • Confined—Information indicates a update these values on an as needed migration from the source via the low possibility for contamination to be basis to reflect the latest information groundwater is limited (due to present at or migrate to a point of available from sources such as the geological structures or physical exposure. Integrated Risk Information System controls). (3) Receptor Factor (IRIS) maintained by the EPA or the (a) Surface Water and Sediment Information about the present or EPA Region IX Preliminary Remediation • Evident—Analytical data or future likelihood of receptors for each Goals (PRGs). observable evidence indicates that MRS is summarized as the Receptor contamination in surface water and/or (2) Migration Pathway Factor Factor (RF). RF of identified, potential, sediment is present at, moving toward, The MPF represents the likelihood of or limited are determined by analysis of or has moved to a point of exposure. transport of contaminants through • available information on receptors at groundwater, surface water and Potential—Contamination in MRS. Human and ecological receptors sediment, and soil. The MPF is surface water or sediment has moved (i.e., endpoints for exposure) to be determined by matching available site only slightly beyond the source (i.e., considered are as follows: information on pathways with the tens of feet), could move but is not (a) Groundwater corresponding definitions about the moving appreciably, or information is Human receptors include those likelihood of contaminant migration. not sufficient to make a determination individuals that may be exposed to The MPF is rated evident, potential, or of Evident or Confined. groundwater contamination via onsite • confined according to the following Confined—Information indicates a and down gradient water supply wells definitions about the likelihood of low potential for contaminant migration used for human consumption or in food contaminant migration for each from the surface water or sediment production. Groundwater is classified environmental medium: source to a potential point of exposure using the EPA’s Guidelines for (a) Groundwater (could be due to presence of geological Groundwater Classification Under the • Evident—Analytical data or structures or physical controls). EPA Groundwater Protection Strategy, observable evidence indicates that (c) Soils Office of Groundwater Protection, 1986. contamination in the groundwater is • Evident—Analytical data or Ecological receptors are not evaluated. moving or has moved away from the observable evidence that contamination (b) Surface Water and Sediment source area. in the soil is present at, is moving These two media are discussed • Potential—Contamination in the toward, or has moved to a point of together since they potentially affect the groundwater has moved only slightly exposure. same receptors. Human receptors for

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surface water and sediment share the (c) Surface Soil. relative risk (high, medium, or low) for same migration pathway and, therefore, Human receptors include residents, that medium. The highest RRSE result include those individuals that may be people in schools and daycare, and for a medium determines the RRSE exposed to surface water or sediment workers who have direct access to designation for the MRS. If there is contamination through onsite and down contamination on a frequent basis. insufficient information to complete the gradient water supplies and recreational Ecological receptors are not considered RRSE evaluation, the MRS is assigned a areas. Receptors include down gradient for evaluation of the surface soil since value of ‘‘evaluation pending.’’ DoD will water supplies used for drinking water, ecological standards are generally not determine each MRS’s relative priority available for the CHF calculation; irrigation of food crops, watering of after combining its RRSE rating with the however, ecological receptors may be livestock, aquaculture, and recreational ratings determined from the EHE and incorporated into the soil evaluation if activities such as fishing. Ecological ecological standards become available. CHE modules. receptors for surface water and sediment The matrix for assigning the overall (4) Calculation of the RRSE Module are limited to critical habitats and other RRSE hazard rating is provided in Table Rating similar environments that are 21. reasonably expected to be impacted by For each medium at a MRS, the CHF, a MRS. MPF, and RF are combined to obtain the

TABLE 21.—RELATIVE RISK SITE EVALUATION MODULE HAZARD RATING

Contaminant hazard factor and receptor Migration pathway factor Evident Potential Confined

Significant: Identified ...... High ...... High ...... Medium. Potential ...... High ...... High ...... Medium. Limited ...... Medium ...... Medium ...... Low. Moderate: Identified ...... High ...... High ...... Low. Potential ...... High ...... Medium ...... Low. Limited ...... Medium ...... Low ...... Low. Minimal: Identified ...... High ...... Medium ...... Low. Potential ...... Medium ...... Low ...... Low. Limited ...... Low ...... Low ...... Low.

D. Assigning the MRS Priority— The concept involves comparing the Priority 5) determines the MRS priority. Integrating the EHE, CHE, and RRSE individual evaluation of the EHE, CHE, For example, if the EHE module rating Module Ratings and RRSE modules using Table 22. for an MRS is Hazard Rating A, the CHE As illustrated in Table 22, DoD Once the appropriate ratings are module rating is Hazard Rating E, and proposes a MRS prioritization concept selected for each hazard evaluation the RRSE module rating is medium, the for comment that considers the results module, the module with the lowest MRS would be assigned to Priority 2, of the three hazard evaluation modules. numerical value (e.g., Priority 1 versus based on the EHE module rating.

TABLE 22.—MRS PRIORITY BASED ON HIGHEST HAZARD EVALUATION MODULE RATING

EHE module rating Priority CHE module rating Priority RRSE module rating Priority

Hazard Evaluation A (Highest) ...... 1 Hazard Evaluation A (Highest) ...... 2 Hazard Evaluation B ...... 2 High (highest) ...... 2 Hazard Evaluation B ...... 3 Hazard Evaluation C ...... 3 Hazard Evaluation C ...... 4 Hazard Evaluation D ...... 4 Hazard Evaluation D ...... 5 Hazard Evaluation E ...... 5 Medium ...... 5 Hazard Evaluation E ...... 6 Hazard Evaluation F ...... 6 Hazard Evaluation F ...... 7 Hazard Evaluation G (Lowest) ...... 7 Hazard Evaluation G (Lowest) ...... 8 ...... Low ...... 8 No Longer Required ...... No Longer Required ...... No Longer Required ...... Evaluation Pending ...... Evaluation Pending ...... Evaluation Pending ...... No Known or Suspected Explosive ...... No Known or Suspected CWM ...... N/A Hazard. Hazard.

Each MRS will ultimately be assigned no longer required’’ designation is used suspected explosive hazard’’ or ‘‘no one of eight MRS priorities based on the to indicate that a MRS no longer known or suspected CWM hazard.’’ ratings of the three hazard evaluation requires prioritization. This designation As described previously, any hazard modules. Only MRS with a potential is used only when all three hazard evaluation module for which there is CWM hazard can be assigned to Priority evaluation modules are rated as ‘‘no insufficient information to complete the 1, and no MRS with CWM can be longer required’’ or ‘‘no known or hazard evaluation will be placed into an assigned to Priority 8. A ‘‘prioritization ‘‘evaluation pending’’ rating for that

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module, and the MRS priority will be known because FUDS have been A. Selection of Sites assigned based on the modules (if any) evaluated using the risk assessment During development of the Protocol, for which sufficient data were available code, one of the two interim tools DoD more than 70 MRS were tested using the for a complete evaluation of the hazard. adopted to prioritize munitions Protocol. The majority of MRS selected The Protocol will be reapplied to the responses. There are also a much for testing were FUDS because DoD had MRS when data to complete evaluation smaller number of sites that have been the most data for these MRS. Within of the remaining modules is obtained. evaluated using the RRSE tool, the other FUDS, MRS ranging from a minimal DoD Components will review each interim tool DoD adopted in the hazard to the highest hazard were MRS priority at least annually and Management Guidance to prioritize tested. In addition, DoD selected MRS update the priority as necessary to munitions responses. DoD also realizes known to contain multiple hazards (i.e., reflect new information that has become that it does not have any of the data EHE, CHE, and/or RRSE) as a means to available. The Protocol will be reapplied required to apply the Protocol at other test the logic of the evaluation of each at a MRS under the following MRS. These MRS will be initially hazard module and the overall Protocol. circumstances: assigned the rating of ‘‘evaluation (1) Upon completion of a response pending.’’ B. Testing Format action that could change the site DoD intends to establish specific DoD tested the Protocol on numerous conditions evaluated by the hazard milestones for applying the Protocol occasions. Testing was completed evaluation modules at the MRS. that differentiate among MRS that have during presentations to stakeholders, (2) To update or validate a previous undergone a RAC or RRSE evaluation, during weekly internal working group module evaluation at an MRS when new MRS with a status of ‘‘evaluation meetings, and during several information is available. pending,’’ and MRS identified after May (3) To update or validate an MRS concentrated testing sessions with DoD 31, 2003. While DoD does not intend to priority that was previously assigned personnel. Testing working groups include such goals and milestones in based on evaluation of only one or two typically consisted of a small group of the final regulation, DoD believes that of the three hazard evaluation modules. DoD experts knowledgeable in (4) Upon further delineation and input from interested parties may prove munitions response and environmental characterization of an MRA into MRS. valuable in determining an appropriate restoration. The majority of testing was (5) To categorize MRS previously time frame for application of this conducted by a core group of classified as ‘‘evaluation pending.’’ Protocol to the MRS in the inventory, participants to promote consistency. DoD Components are directed to and suggests the following goals are The group testing the model typically develop and maintain records on the appropriate: scored three to five MRS at a time, application of the Protocol for each • For each MRS in the inventory as of reviewing available data and MRS. At a minimum, the records shall May 31, 2003, that has not been documenting their findings in a contain references to all information evaluated using the RAC or RRSE tools worksheet developed specifically for the and documents used for the evaluation and which is assigned a status of testing. Worksheets were developed (e.g., field logs, data from preliminary ‘‘evaluation pending:’’ specific to each module. Other assessments, site inspections, or —A priority will be assigned based on personnel compiled the scores as the remedial investigations/feasibility an evaluation using at least one group testing the model completed each studies, risk assessments), evaluation hazard evaluation module by May grouping of MRS. The compiled scores documentation (e.g., worksheets), and 31, 2007. facilitated discussion held after every database records. These records will be —A priority will be assigned based on three to five MRS to give the group a included in the Administrative Record an evaluation using all hazard chance to discuss any significant issues for the MRS. evaluation modules by May 31, or problems encountered. As revisions DoD Components will also report the 2012. were made to the Protocol, additional testing was performed to ensure the MRS priority and the ratings for each • For each MRA or MRS identified validity of the changes. hazard evaluation module to the Office after May 31, 2003: of the Deputy Under Secretary of C. Testing Conclusions Defense (Installations & Environment) —A priority will be assigned based on for inclusion in the DERP Annual an evaluation using at least one After the final testing session, DoD Report to Congress. hazard module within 2 years of performed a detailed data analysis on identification or by May 31, 2007, both the results received from hands-on IX. Schedule for Application of the whichever is later. testing, as well extensive modeling Protocol and for Addressing MRS —A priority will be assigned based on analysis. Testing was completed to Assigned a Rating of ‘‘Evaluation an evaluation using all hazard ensure that there was a logical spread Pending’’ modules within 4 years of across MRS, and that the scores DoD intends that the Protocol be identification or by May 31, 2012, themselves were logical for each MRS. applied to any given MRS as soon as the whichever is later. Modeling was conducted as a final step information required to populate any of X. Protocol Testing Methodology to analyze the logic in the scorings and the modules is available. Where a DoD weightings. Upon completion of the Component has some, but not all the In developing the Protocol, DoD analysis, the DoD work group discussed data to apply any of the modules, DoD conducted extensive testing of various the results and made the necessary believes it appropriate to establish alternative constructions. This testing modifications. programmatic goals and specific helped DoD develop the numeric values DoD is confident that the testing milestones for applying the Protocol. for the data elements and factors, conducted indicated the Protocol For example, the Formerly Used achieve consistent and repeatable provides a useful tool for prioritizing Defense Sites (FUDS) program has most results, ensure an appropriate spread of MRS. The testing and the comments of the data required for application of MRS across the priority outcomes, and received from stakeholders were critical the EHE and CHE modules at a ensure MRS were assigned appropriate in assisting DoD with developing this significant number of FUDS. This is outcomes based on site conditions. proposal.

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XI. Determination of Site Sequencing • Pragmatic considerations, such as the remedial action operations until ability to execute cleanup projects in a given response objectives are met, other long- DoD believes that the sequencing of year, and the feasibility of carrying out the term management activities, and MRS for implementation of response activity in relation to other activities at the program administration. actions should be based primarily on facility, • Tribal trust lands, which are lands • Overall cost and effectiveness of a the relative priority assigned by the held in trust by the United States for the Protocol, but may also consider other proposed activity, and • Actual and anticipated funding benefit of any Indian Tribe or factors. This approach to decision availability. individual. The United States holds the making is embodied in the current legal title to the land and the Tribe The sequencing process described in Management Guidance and grew out of holds the beneficial interest. the recommendations of the Federal this regulation builds on DoD’s • Established program goals and Facilities Environmental Restoration experience in implementing the initiatives. Dialogue Committee (FFERDC). One of FFERDC recommendations over the past • Short-term and long-term ecological the main issues the Committee 10 years. In addition, DoD received effects and environmental impacts in considered was need to set priorities comments from a wide range of general, including injuries to natural due to the magnitude of the challenge of stakeholders supporting a decision resources. environmental restoration at Federal making process that considers other DoD uses its process for developing facilities. The Committee believed that factors in making sequencing decisions. and updating Management Action Plans priority setting and funding allocation Generally, MRS that present a greater (MAP) or an equivalent document as the must be done in a manner that relative risk to human health, safety, or vehicle for making sequencing stakeholders perceive fair and inclusive. the environment will be addressed decisions. Each installation or FUDS is The Committee developed consensus before MRS that present a lesser risk; required to develop and maintain a policy recommendations aimed at however, in evaluating other factors as MAP or its equivalent. MAPs are improving the process by which Federal part of making sequencing decisions, required to be updated on at least an facility environmental restoration DoD will consider a broad range of annual basis. Guidance on preparing decisions are made, such that these factors. These ‘‘risk-plus’’ or ‘‘other and updating the MAP is provided in decisions reflect the priorities and management’’ factors do not influence the Management Guidance. Sequencing concerns of all stakeholders. In the area or change the prioritization results but decisions at installations and FUDS are of consideration of human health and may influence the sequence in which developed with input from environmental risk and other factors in MRS are addressed. Specific examples stakeholders, such as the regulatory and Federal facility environmental of factors DoD may consider include: community members of an installation’s • restoration decision making, the Concerns expressed by RAB, and are documented in the MAP. stakeholders. During the annual update of the MAP, Committee made the following • Cultural and social factors. installation or FUDS personnel will be recommendation: • Risk to human health and the environment Economic factors, including required to publish an announcement in is an important and well-established factor economic considerations pertaining to a local community publication notifying that should continue to be a primary environmental justice issues, economies the public of the following: consideration in Federal facility cleanup of scale, evaluation of total lifecycle (1) The existence of MRS, including a decision making, including setting costs, and estimated valuations of long- brief description of each MRS environmental cleanup priorities and term liabilities. addressed, the conditions, and assigned milestones. However: • The reasonably anticipated future (a) Human health and environmental risk priority, land use, especially when planning (2) The intention to develop or update assessments and other analytical tools used response actions, conducting to evaluate risks to human health (including the MAP for the MRS, non-cancer as well as cancer health effects) evaluations of response alternatives, or (3) The intention to apply the Protocol and the environment all have scientific establishing specific response action to each MRS, limitations and require assumptions in their objectives. (4) The specific means the public or development. As decision-aiding tools, risk • Community reuse requirements at Tribes can use to submit information assessments should only be used in a manner BRAC installations. about each MRS that may influence the that recognizes those limitations and • Implementation and execution priority assigned or the funding assumptions. Moreover, risk assessments considerations (e.g., funding sequence assigned, and ought not be used by any party as a basis for availability; the availability of the (5) The name and contact information unilaterally setting aside legal requirements necessary equipment and people to for the designated DoD spokesperson for that embody public health principles and implement a particular action; each MRS. other important societal values. examination of alternatives to responses Final sequencing may also be (b) In addition to human health and environmental risk, other factors that warrant that entail significant capital impacted by DoD Component program consideration in setting environmental investments, a lengthy period of management considerations. If the cleanup priorities and milestones include: operation, or costly maintenance; sequencing of any MRS is changed from • Cultural, social, and economic factors, considering alternatives to removal or the sequencing reflected in the current including environmental justice treatment of contamination when MAP, the DoD Component will provide considerations, existing technology cannot achieve information to the stakeholders • Short-term and long-term ecological established standards, such as documenting the reasons for the effects and environmental impacts in general, maximum contaminant levels. sequencing change and will request including damage to natural resources and • The availability of technology to their review and comment on that lost use, detect, discriminate, recover, and decision. • Making land available for other uses, • destroy UXO or DMM. In addition, DoD Components will Acceptability of the action to regulators, • Tribes, and public stakeholders, Implementing standing ensure that all information influencing • Statutory requirements and legal commitments including those in formal the sequencing of an MRS is included agreements, agreements with regulatory agencies, in the Administrative Record and the • Life cycle costs, requirements for continuation of Information Repository. On a

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programmatic level, DoD Components Protocol, in November 2002 and leader of the 586 Federally-recognized will report the results of sequencing to February 2003, DoD invited Tribes notifying them of the effort to the ODUSD (I&E). representatives from the 50 States and develop the Protocol to prioritize MRS U.S. territories to attend a meeting to known or suspected to have UXO, XII. Consultation discuss State concerns. Participants DMM, or MC, inviting them to The provisions of 10 U.S.C. 2710 reviewed the Protocol and discussed participate in the effort, and requesting required the DoD to develop this their comments with representatives of them any information regarding the proposed Protocol in consultation with from the ODUSD (I&E)) and DoD presence of UXO, DMM, or MC on their States and Tribes. DoD has followed Components. lands. Congress’ direction, specifically (3) Munitions Response Committee. (2) National Tribal Conference on working with States, Tribes, and other DoD established the Munitions Environmental Management. In June interested stakeholders throughout the Response Committee (MRC) to 2002, DoD participated in the 6th development process. DoD appreciates coordinate, identify and synchronize National Tribal Conference on the involvement and contributions of efforts among DoD, other Federal Environmental Management. DoD these stakeholders in the development agencies, the States, and Tribes to representatives briefed interested process. Many of the comments received ensure munitions responses at locations conference attendees on the background were incorporated into the Protocol. on other than operational ranges are and develop of the Protocol and Some of the actions DoD took include: conducted in a manner that protects requested comments and factors to A. Advanced Notice of Proposed public health and the environment consider in its development. DoD asked Rulemaking. On March 20, 2002, DoD while allowing the military to fulfill its several interested Tribal members to published an Advanced Notice of mission. DoD worked with the participate in a subsequent MRC Proposed Rulemaking in the Federal Association of State and Territorial meeting. Register to inform stakeholders of DoD’s Solid Waste Management Officials (3) Tribal Consultation Meetings. In efforts to develop a tool for prioritizing (ASTSWMO) and National Association September 2002 and April 2003, DoD MRS and to request suggestions on of Attorneys General (NAAG) to hosted meetings specifically for Tribes current prioritizing methods in use and determine how best to achieve whose lands may be impacted by UXO, factors to consider in developing the representation of State interests and DMM, or MC. The meeting was Protocol. DoD has reviewed all concerns on the MRC. Delegates from intended to ensure that DoD fully comments received and has considered the ASTSWMO Board of Directors and considers concerns specific to Tribes in them in its development of the Protocol. Committees served as representatives the Protocol. DoD briefed the Tribal B. DENIX Web site. Beginning in expressing potential State concerns in participants on the status of the March 2002, DoD established a Website managing activities at MRS. DoD also development efforts and discussed their specific to the Protocol development engaged the National Congress of comments and concerns. effort on the Defense Environmental American Indians (NCAI) to participate (4) National Congress of American Network & Information eXchange. DoD in the MRC. DoD discussed its Protocol Indians. In November 2002, DoD provided information on the Protocol development efforts with the MRC at attended the 59th Annual Session of the regarding background and status of meetings held in March, May, July, and National Congress of American Indians. development efforts as well as an November 2002, as well as through DoD briefed conference participants in a opportunity for stakeholders to submit numerous teleconferences. The July breakout session on the draft Protocol comments electronically. meeting was conducted in conjunction construct and requested participants to C. Consultation with other Federal with the annual Defense and State provide their comments and concerns. Agencies. In December 2002 and Memorandum of Agreement Conference. (5) Native American Lands February 2003, ODUSD (I&E) personnel (4) ASTSWMO. In addition to Environmental Mitigation Program met with representatives from the U.S. coordination with the Association of Meeting. DoD provided materials for Department of Agriculture, U.S. State and Territorial Solid Waste distribution to interested Tribal Department of Interior, and EPA to Management Officials (ASTSWMO) members at the annual meeting of the discuss their concerns and comments on through the MRC, DoD also sought to Native American Lands Environmental the Protocol. engage ASTSWMO members directly. In Mitigation Program in November of October 2002 and April 2003, DoD 2002 in Juneau, Alaska. D. Consultation With States representatives participated in F. DoD Response to Preliminary (1) Formal Notice for Protocol ASTSWMO’s annual meeting— Comments Development. Although DoD discussed presenting a brief update at a breakout the Protocol with State representatives session and individually discussing the In developing this Protocol, DoD at meetings of various organizations, the Protocol with members. actively solicited ideas from interested Deputy Under Secretary of Defense stakeholders on the scope, structure, (Environment) (ADUSD(E)) sent a letter E. Consultation With Tribes and specific features of a Protocol for to the head (e.g., Secretary, DoD is committed to working with prioritizing MRS. In addition to the Commissioner, Director) of the Tribes on a government-to-government Federal Register notice announcing environmental agency for each State and basis in recognition of their sovereignty development of the Protocol and U.S. territory providing notification and and in a continuing effort to implement requesting input from interested parties, background on the Protocol the 1998 DoD American Indian and DoD set up a Web site where parties development effort and requesting a Alaska Native Policy. In recognition of could submit comments and ideas. DoD point of contact for future this commitment and policy and to also actively sought ideas in numerous correspondence. DoD received formal fulfill congressional requirements, DoD meetings with other Federal agencies, responses from 15 States and territories. consulted with Tribes throughout the States, Tribes, and the public. DoD considered all submitted comments development of the Protocol. DoD was pleased with the response to during its development of the Protocol. (1) Formal Notice for Protocol its request for ideas, having received (2) State Meeting. To facilitate State Development. In April 2002, the comments and ideas from other Federal involvement in the development of the ADUSD(E) sent a letter to each Tribal agencies, States, Tribes, and members of

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the public. The comments and ideas XIV. Summary million or more or adversely affect in a received were in five general areas, The Protocol developed by DoD in material way the economy, a sector of including: consultation with States and Tribes is the economy, productivity, competition, • Definitions. Most of these proposed for public comment for jobs, the environment, public health or comments and ideas submitted subsequent codification in the Code of safety, or State, local, or Tribal addressed recommendations that would Federal Regulations. DoD developed the governments or communities. The primary effect on the economy provide greater clarity in the definitions. Protocol to meet the requirements set will be the necessity for State and/or • Factors or Data Elements. Most of out in the 10 U.S.C. 2710 to consider local governments to conduct oversight these comments and ideas addressed the and assign relative priorities to MRS of the environmental restoration based on environmental and explosive need for a specific data element that the activities. The Department of Defense hazards. These hazards are evaluated in commenter thought should be included has determined it would not place a in the Protocol. Other comments three areas: • The explosive hazards posed by any burden in excess of $100 million each addressed the scores for each of the data year on State, local, and Tribal elements and factors included in one of UXO or DMM present at the MRS, • The hazards posed by any CWM governments from implementing the the deliberative drafts provided to Protocol. stakeholders during the development present at the MRS, and • The health and environmental In completing (in FY02) the initial process. inventory of MRS known or suspected • hazards posed by any MC at the MRS. Policy. In general, the comments The priority assigned to each MRS, as to contain UXO, DMM, or MC, the DoD and ideas in this area related to well as the ratings of each of the three Components identified 2,307 MRS. The questions or recommendations related hazard evaluation modules (i.e., current estimate of the costs of to the scope and application of the Explosive Hazard Evaluation, Chemical munitions responses is in excess of Protocol. Warfare Materiel Hazard Evaluation, $11.5 billion, which will be expended • Other Protocols. These comments and Relative Risk Site Evaluation) will over many years. Although this is a and ideas focused primarily on other be reported in an inventory. significant expenditure, the proposed Protocols or tools that DoD should rule will not increase or decrease evaluate for their utility as a XV. Administrative Requirements response costs, it will only prioritize the prioritization tool. Other comments A. Regulatory Impact Analysis Under response effort among sites. In determining the total burden addressed specific features (e.g., data Executive Order 12866 elements) of other tools that the placed on State oversight as a result of commenter thought DoD should Executive Order 12866, (58 FR 51735 applying the Protocol at these MRS, a consider in developing this Protocol. (October 4, 1993)) requires each Agency number of specific oversight steps are taking regulatory action to determine assumed. Assumptions regarding • Other Issues. The comments and whether that action is ‘‘significant.’’ The individual steps in Protocol application ideas in this area were unrelated to the Agency must submit any regulatory and the estimated time necessary to development of this Protocol. Examples actions that qualify as ‘‘significant’’ to complete each step were based on include comments regarding the the Office of Management and Budget experience gained during Protocol inventory of MRS required under 10 (OMB) for review, assess the costs and testing as well as DoD’s experience in U.S.C. 2710(a) and funding policy. benefits anticipated as a result of the the application of other priority-setting DoD carefully reviewed and proposed action, and otherwise ensure models, such as the Risk Assessment considered each of the comments that the action meets the requirements Code (RAC) applied to FUDS and BRAC submitted. The value of these comments of the Executive Order. The Order installations, the Range Rule Risk and ideas is shown by the fact that this defines ‘‘significant regulatory action’’ Methodology (R3M) used to screen Protocol incorporates many of the ideas as one that is likely to result in a rule explosives hazards, as well as other provided by interested parties. DoD that may: (1) Have an annual effect on models. In addition, DoD has developed would like to express its gratitude to all the economy of $100 million or more or a significant body of experience in who gave of their time and effort by adversely affect in a material way the conducting activities similar to those submitting comments and ideas. To economy, a sector of the economy, required in application of the Protocol ensure that DoD did consider each of productivity, competition, jobs, the during the course of its execution of the the comments or ideas submitted, a environment, public health or safety, or DERP. DoD estimates that State matrix was developed, each comment State, local, or Tribal governments or regulators, when applying the Protocol tracked, and DoD’s response to the communities; (2) create a serious to MRS, will first perform a preliminary comment documented. A summary of inconsistency or otherwise interfere document review. It is assumed that this the comments and DoD’s responses can with an action taken or planned by step would include reviewing the be found at http://www.denix.mil/ another agency; (3) materially alter the Protocol materials and guidance; MMRP_Protocol/comments.html. budgetary impact of entitlements, reviewing existing site background XIII. Notice of Proposed Rulemaking grants, user fees, or loan programs or the documents, such as USACE Archive rights and obligations of recipients Search Reports or State and local DoD now solicits comments from the thereof; or (4) raise novel legal or policy property records; and preparing public on this Protocol. In particular, issues arising out of legal mandates, the materials for a site inspection. DoD DoD seeks comment on the form and President’s priorities, or the principles assumes this step to take between 2 and workability of the Protocol, the data set forth in the Executive Order. 8 hours. DoD then assumes State elements considered in each module, DoD has determined that today’s regulators would perform a non- the factors considered in each module, Protocol is not a significant rule under invasive site inspection, including a site the rating system for each module, the Executive Order 12866 because it is not walkthrough and various interviews weight afforded to each module in likely to result in a rule that will meet with personnel familiar with the site. determining its evaluation hazard score, any of the four prerequisites. DoD assumes an after-action report, and the rating system for each MRS (1) The Protocol will not have an detailing the findings and results of the priority. annual effect on the economy of $100 site inspection, would then be written

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by the State regulators. For the site Department of Justice (DOJ) to be the on the National Priorities List (NPL). inspection, interviews, and after action functional equivalent of an assessment EPA does not use the HRS to determine report, DoD estimates this step to under the National Environmental the priority in funding EPA remedial require between 3 and 24 hours. The Policy Act (NEPA). response actions. The DoD will use the final step in State oversight of applying The Protocol also does not have any Protocol to rank the risks posed by each the Protocol would be for the regulators adverse affect on the economy, site, relative to other sites, and may use to meet with DoD personnel to discuss environment, public health, and/or the Protocol as a basis for determining and apply the Protocol to MRS using the safety programs of State, local, or Tribal which sites will receive funding. The available information. DoD estimates governments or communities near a DoD’s use of the Protocol generally will this step would require between 3 and MRS. Again, any adverse effects were not interfere with EPA’s use of the HRS. 8 hours. In total, between 8 and 40 either a result of the actions that caused DoD action may interfere with EPA hours would be required for State the UXO, DMM, or MC to be present at action in a situation where EPA decides oversight at each site. the site (e.g., use as a range, treatment to pursue response action at a site that An average labor cost of $24.25 per of waste military munitions, all of DoD has designated as a low priority. hour for oversight is assumed. To arrive which pre-date the application of the Where this occurs, DoD will cooperate at this average, DoD assumed an average Protocol) or are the result of the with EPA to the extent possible and rely yearly salary as $50,000, with 2,060 munitions response activities that are on existing interagency processes to business hours per year. For the implemented after the application of the reach agreement on site priorities and purposes of this estimate, DoD assumes Protocol. With respect to impacts response actions. Based on the above a State would use a three-person team occurring as a result of the munitions reasoning, DoD has determined that to accomplish all requirements of response at the MRS, State, local, or there is minimal potential for overseeing the application of the Tribal governments are offered the inconsistencies or interference with Protocol within their State. To this end, opportunity to be involved in the action by any other agency. DoD estimates the approximate average planning and execution of the (3) The Protocol does not materially per MRS cost for State oversight of munitions response. The DoD has alter the budgetary impact of administering the Protocol is between estimated that the cost of engaging or entitlements, grants, user fees, or loan $194 and $2,910. These low and high overseeing munitions response activities programs or the rights and obligations of site estimates translate into an estimated is not significant, as that measure is recipients thereof. oversight cost of between $340,276 and defined by Executive Order 12866. The Protocol will not materially alter $10,208,280 for the entire munitions Further, DoD believes that the resources the budgetary impact of entitlements, response site inventory. In addition, expended on oversight will be returned grants, user fees, or loan programs, or since DoD reimburses States for the in the form of benefits to the community the rights and obligations of recipients costs incurred as a result of oversight through reuse of the property. thereof because no entitlements, grants, through the Defense and State For these reasons, DoD has user fees, or loan programs are invoked Memorandum of Agreement (DSMOA) determined that the Protocol will not through prioritization of sites for program, the overall impact to a State is adversely affect in a material way the response activities. further reduced. economy, a sector of the economy, (4) The Protocol will not raise novel Otherwise, the Protocol will not productivity, competition, jobs, the legal or policy issues arising out of legal adversely affect the economy as a environment, public health or safety, or mandates, the President’s priorities, or whole, any particular sector of the State, local, or Tribal governments or the principles set forth in the Executive economy, productivity, competition, or communities. Order. jobs since the Protocol does not (2) The Protocol will not create a Finally, the Protocol does not raise establish any new spending amounts. serious inconsistency or otherwise novel legal or policy issues arising out Rather, the Protocol merely provides interfere with an action taken or of legal mandates, the President’s guidance on allocating funds among the planned by another agency. priorities, or the principles set forth in MRS. Implementation of the Protocol will the Regulatory Impact Analysis. The Protocol does not have a direct not create a serious inconsistency or Congress has already established the adverse effect on the environment, otherwise interfere with another requirement for environmental public health, and safety even though agency’s action because DoD has lead restoration of MRS and for DoD’s certain sites will be designated as a low authority for administering the DERP development of a Protocol for priority and, as a result, not see under 10 U.S.C. 2701(a)(1). The DERP prioritization of MRS. The Protocol is response activities begin in the near- statute delineates the responsibilities of merely a method for DoD to determine term. Any adverse effects were either a DoD and authority of EPA to some a relative priority of MRS for response result the actions that caused the UXO, extent. The DoD is required by 10 U.S.C. action. DoD has identified no novel DMM, or MC to be present at the site 2701(a)(3) to consult with the EPA in its legal or policy issues that this Protocol (e.g., use as a range, treatment of waste administration of the environmental will create on either a MRS-specific military munitions, all of which pre- restoration program. Further, Section basis or overall. Nor has DoD identified date the application of the Protocol) or 2701(c)(2) of the statute gives DoD the any novel legal or policy issues arising are the result of the munitions response responsibility of conducting out of the President’s priorities or activities that are implemented after the environmental restoration activities on principles set forth in the Regulatory application of the Protocol. In the all properties owned or leased by it, Impact Analysis. former instance, any effects should have except those for which EPA has entered been evaluated as part of the decision to into a settlement with a potentially B. Regulatory Flexibility Act undertake the actions. In the latter case, responsible party. The Protocol ranking The Regulatory Flexibility Act (5 munitions response activities are system will not interfere with the U.S.C. 601 et seq., as amended by the undertaken under CERCLA and the Hazard Ranking System (HRS) Small Business Regulatory Enforcement NCP. The evaluation of response maintained by the EPA because each Fairness Act (SBREFA) of 1996), alternatives under CERCLA and the NCP serves its own purpose. EPA uses the requires that an agency conduct a has been determined by the U.S. HRS to place uncontrolled waste sites regulatory flexibility analysis when

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publishing a notice of rulemaking for the final rule an explanation of why are not agency personnel as the source any proposed or final rule. The such alternative was not adopted. of such information. Therefore, the PRA regulatory flexibility analysis Section 203 of the UMRA requires that does not apply to this Protocol. determines the impact of the rule on the Agency develop a small government E. National Technology Transfer and small entities (i.e., small businesses, agency plan before establishing any Advancement Act small organizations, and small regulatory requirements that may governmental jurisdictions). SBREFA significantly or uniquely affect small Section 12(d) of the National amended the Regulatory Flexibility Act governments, including Tribal Technology Transfer and Advancement to require Federal agencies to state the governments. The small government Act of 1995 (NTTAA), Public Law 104– factual basis for certifying that a rule agency plan must include procedures 113, section 12(d) (15 U.S.C. 272 note), will not have a significant economic for notifying potentially affected small directs Federal agencies to use impact on a substantial number of small governments, providing officials of voluntary consensus for technical entities. affected small governments with the standards in its regulatory activities, DoD hereby certifies that the Protocol opportunity for meaningful and timely except in those cases in which using will not have a significant economic input in the development of regulatory such standards would be inconsistent impact on a substantial number of small proposals with significant Federal with applicable law or otherwise entities. The nature of the Protocol here intergovernmental mandates, and impractical. ‘‘Technical standards’’ provides the factual basis for a informing, educating, and advising means performance-based or design- determination that no regulatory small governments on compliance with specific technical specifications and flexibility analysis is required. The the regulatory requirements. related management systems practices. Protocol merely provides a procedure by The DoD has determined that this rule Voluntary consensus means that the which DoD may prioritize MRS for does not contain a Federal mandate that technical standards are developed or remediation. No costs are directly may result in expenditures of $100 adopted by voluntary consensus imposed on small entities, nor is any million or more for State, local, and standards organizations. In those cases action directly required of small entities Tribal governments in the aggregate, or in which a Federal agency does not use through this Protocol. Because DoD by the private sector in any one year. voluntary consensus standards that are bears the financial responsibility for The term ‘‘Federal mandate’’ means any available and applicable, the agency remediating MRS, and the source of its provision in statute or regulation or any must provide OMB with an explanation. funding is Congress, implementation of Federal court ruling that imposes ‘‘an Proposal of this Protocol does not the Protocol will not directly affect enforceable duty’’ upon State, local, or involve performance-based or design- small entities in a financial manner. For Tribal governments, and includes any specific technical specifications or the foregoing reasons, DoD believes that condition of Federal assistance or a duty related management systems practices. this proposed rule, if promulgated, arising from participation in a voluntary The values for relative risk used in the would not have a significant economic Federal program that imposes such a Relative Risk Site Evaluation module, to impact on a substantial number of small duty. The Protocol does not contain a the extent they qualify as technical entities. Federal mandate because it imposes no standards, were formed through enforceable duty upon State, Tribal or consensus. The Protocol is therefore in C. Unfunded Mandates local governments. DoD is responsible compliance with the NTTAA. Title II of the Unfunded Mandates for funding munitions responses and Reform Act of 1995 (UMRA), Public F. Executive Order 12898: imposes no costs on other entities by Environmental Justice Law 104–4, requires Federal agencies to prioritizing MRS using this Protocol. assess the effects of their regulatory DoD recognizes that the State, local or Under Executive Order 12898, actions on State, local, and Tribal Tribal government may expend funds to ‘‘Federal Actions to Address governments and the private sector. conduct oversight of the response Environmental Justice in Minority Section 202 of the UMRA requires that, activities. The Protocol, however, does Populations and Low-Income prior to promulgating proposed and not require such oversight. To the Populations,’’ a Federal agency must, final rules with ‘‘Federal mandates’’ that degree such oversight is required, it is where practicable and appropriate, may result in expenditures by State, required by pre-existing law on which collect, maintain, and analyze local, and Tribal governments, in the the Protocol has no effect. information assessing and comparing aggregate, or by the private sector, of environmental and human health risks $100 million or more in any one year, D. Paperwork Reduction Act borne by populations identified by race, the Agency must prepare a written The Paperwork Reduction Act (PRA), national origin, or income. To the extent statement, including a cost-benefit 44 U.S.C. 3501 et seq., prohibits a practical and appropriate, Federal analysis of the rule. Under section 205 Federal agency from conducting or agencies must then use this information of the UMRA, DoD must also identify sponsoring a collection of information to determine whether their activities and consider a reasonable number of that requires OMB approval, unless have disproportionately high and regulatory alternatives to the rule and such approval has been obtained, and adverse human health or environmental adopt the least costly, most cost- the collection request displays a effects on minority populations and effective, or least burdensome currently valid OMB control number. low-income populations. alternative that achieves the objectives Nor is any person required to respond DoD believes that implementation of of the rule. Certain exceptions to section to an information collection request that this Protocol will address 205 exist. For example, when the has not complied with the PRA. The environmental justice concerns in requirements of section 205 are term ‘‘collection of information’’ several ways. First, the Protocol will inconsistent with applicable law, includes collection of information from address environmental justice by section 205 does not apply. In addition, ten or more persons. The DoD has ensuring that prioritization is based an Agency may adopt an alternative determined that the PRA does not apply primarily on risk to the human health other than the least costly, most cost- to this regulatory action because, and environment of all populations. The effective, or least burdensome in those although DoD will collect information DoD recognizes that prioritization of cases where the Agency publishes with on the MRS, it will not use people who MRS for response action could result a

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low-priority designation for some MRS actions that have ‘‘Federal governments because DoD funds located in low-income or minority implications.’’ Under the Executive environmental restoration activities. neighborhoods. Under the risk-based Order, any of these agency documents Nevertheless, DoD consulted with State approach, however, such prioritization or actions have ‘‘Federal implications’’ and local officials throughout would result in environmental injustice when they have ‘‘substantial direct development of this Protocol. Finally, only if low-income and minority effects on the States, on the relationship development of a Protocol for populations were disproportionately between the national government and prioritizing action at MRS was located near low-risk MRS. If this is, in the States, or on the distribution of specifically required by statute. The fact, the case, DoD will reassess its power and responsibilities among the requirements of section 6 of the Protocol once an initial ranking is various levels of government.’’ Section 6 Executive Order therefore do not apply conducted. Second, DoD has reserved a of the Executive Order prohibits any to this rule. step in the Protocol for consideration of agency from issuing a regulation that List of Subjects in 32 CFR Part 179 environmental justice concerns, having has Federal implications, imposes supplemented the risk-based substantial direct compliance costs on Government property; Military prioritization decision with State and local governments, and is not personnel; Hazardous substances; consideration of whether low-income or required by statute. Such a regulation Environmental protection. minority populations are near the MRS. may only be issued if the Federal Accordingly, 32 CFR part 179 is Third, because the Protocol will provide government provides the funds proposed to be added to Chapter 1, DoD with an established method for necessary to pay the direct compliance Subchapter H to read as follows: choosing which MRS to address first, it costs incurred by State and local will ensure uniformity among decisions governments, or the agency consults PART 179—MUNITIONS RESPONSE and eliminate the potential for with State and local officials early in the SITE PRIORITIZATION PROTOCOL intentional discrimination against low- process of developing the proposed income and minority populations. Sec. regulation. Further, a Federal agency 179.1 Purpose. Finally, DoD’s engagement with various may issue a regulation that has 179.2 Applicability and scope. stakeholders, most notably Native Federalism implications and preempts 179.3 Definitions. American governments, in developing State law only if the agency consults 179.4 Policy. the Protocol, has helped to build with State and local officials early in the 179.5 Responsibilities. consideration of environmental justice process of developing the proposed 179.6 Procedures. concerns into the Protocol. regulation. 179.7 Sequencing. DoD plans to continue to study the This proposed rule does not have Appendix A to 32 CFR part 179—Tables of environmental justice effects once the the Munitions Response Site Protocol is implemented. Until that Federalism implications because it will Prioritization Protocol not have substantial direct effects on the time, no data exists regarding whether Authority: 10 U.S.C. 2710 et seq. low-income and minority populations States, on the relationship between the live near high-risk MRS as opposed to national government and the States, or § 179.1 Purpose. low-risk MRS. As such, there is on the distribution of power and The Department of Defense (DoD) is currently no way of determining responsibilities among the various adopting this Munitions Response Site whether generally focusing response levels of government. The statute Prioritization Protocol (hereinafter efforts first at those MRS that pose a authorizing DoD’s environmental referred to as the ‘‘Protocol’’) under the relatively higher risk will in any way restoration program, 10 U.S.C. 2701, authority of 10 U.S.C. 2710. Provisions adversely affect these segments of the clearly defines the role and of 10 U.S.C. 2710 require that DoD population. DoD decided to include responsibilities of DoD with respect to assign to each munitions response site environmental justice considerations in State and local governments. The role in the inventory required by 10 U.S.C. the body of the Protocol as a and primary responsibility of DoD is to 2710(a) a relative priority for response precautionary measure, but will implement an appropriate activities based on the overall examine the effect of the Protocol on environmental restoration program at conditions at each location and taking low-income and minority populations MRS. The DoD funds environmental into consideration various factors once DoD has implemented it and has restoration activities and does not related to safety and environmental data from which to draw. directly affect States in any manner. The hazards. At this time, DoD believes that no only potential dispute regarding action will directly result from the distribution of power may arise where § 179.2 Applicability and scope. proposed rule that will have a the State attempts to require DoD to (a) This part applies to the Office of disproportionately high and adverse remediate its property under a State the Secretary of Defense, the Military human health and environmental effect hazardous waste law, and DoD has not Departments, the Defense Agencies and on any segment of the population. DoD ranked the MRS as a high priority or the DoD Field Activities, and any other will examine, however, the effects of allocated funding for environmental DoD organizational entity or implementation to ensure that no restoration of the MRS. Such a situation, instrumentality established to perform a disproportionately high and adverse however, would be dealt with per government function (hereafter referred human health or environmental effect established legal principles regarding to collectively as the ‘‘DoD occurs. the relationship of States to the Federal Components’’). government. The Protocol does not alter (b) This part and the Protocol G. Executive Order 13132: Federalism this relationship. Additionally, it would described herein shall be applied at all Executive Order 13132, entitled not be appropriate for this proposed rule locations: ‘‘Federalism’’ (64 FR 43255, August 10, to attempt to assign roles to DoD or any (1) That are, or were, owned by, 1999), establishes certain requirements State because such assignment of roles leased to, or otherwise possessed or for Federal agencies issuing regulations, is outside the scope of the statutory used by the DoD, and legislative comments, proposed mandate. The Protocol does not impose (2) That are known to, or suspected of, legislation, or other policy statements or direct compliance costs on State or local containing unexploded ordnance

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(UXO), discarded military munitions and any explosive component. agents, chemical munitions, rockets, (DMM), or munitions constituents (MC), Examples are M55 rockets with CWA, guided and ballistic missiles, bombs, and the M23 VX mine, and the M360 105- warheads, mortar rounds, artillery (3) That are included in the inventory mm GB artillery cartridge. ammunition, small arms ammunition, established pursuant to 10 U.S.C. (2) CWM, nonexplosively configured grenades, mines, torpedoes, depth 2710(a). are all munitions that contain a CWA charges, cluster munitions and (c) This part and the Protocol fill but that do not contain any dispensers, demolition charges, and described herein shall not be applied at explosive components. Examples are devices and components thereof. The the locations not included in the any chemical munition that does not term does not include wholly inert inventory required under 10 U.S.C. contain an explosive components and items, improvised explosive devices, 2710(a). The locations not included in VX or mustard agent spray canisters. and nuclear weapons, nuclear devices, the inventory are: (3) CWM, bulk container are all non- and nuclear components, except that the (1) Locations that are not, or were not, munitions-configured containers of term does include nonnuclear owned by, leased to, or otherwise CWA (e.g., a ton container). components of nuclear devices that are possessed or used by the DoD, (4) Chemical agent identification sets managed under the nuclear weapons (2) Locations not known to, or (CAIS) are military training aids program of the Department of Energy suspected of, containing UXO, DMM, or containing small quantities of various after all required sanitization operations MC, CWA and other chemicals. All forms of under the Atomic Energy Act of 1954 (3) Locations outside the United CAIS are scored the same in this (42 U.S.C. 2011 et seq.) have been States, Protocol, except CAIS K941, toxic gas (4) Locations where the presence of completed. (10 U.S.C. 2710(e)(3) and 40 set M–1; and K942, toxic gas set M–2/ CFR 260.10) military munitions resulted solely from E11, which are scored higher due to the Military range means designated land combat operations, relatively large quantities of agent they and water areas set aside, managed, and (5) Operating military munitions contain. storage and manufacturing facilities, Defense site means locations that are used to research, develop, test, and (6) Locations that are used for, or were or were owned by, leased to, or evaluate military munitions, other permitted for, the treatment or disposal otherwise possessed or used by the ordnance, or weapon systems, or to train of military munitions, and Department of Defense. The term does military personnel in their use and (7) Operational ranges. not include any operational range, handling. Ranges include firing lines operating storage or manufacturing and positions, maneuver areas, firing § 179.3 Definitions. lanes, test pads, detonation pads, impact This part includes definitions for facility, or facility that is used for or was permitted for the treatment or disposal areas, and buffer zones with restricted many terms that clarify its scope and access and exclusionary areas. (40 CFR applicability. Many of the terms of military munitions. (10 U.S.C. 2710(e)(1)) 266.201) relevant to this part are already defined, Munitions constituents means any either in 10 U.S.C. 2710(e) or the Code Department of Defense (DoD) Components means the Office of the materials originating from unexploded of Federal Regulations. Where this is the ordnance, discarded military munitions, case, the statutory and regulatory Secretary of Defense, the Military Departments, the Defense Agencies, the or other military munitions, including definitions are repeated here strictly for explosive and non-explosive materials, ease of reference. Unless used elsewhere DoD Field Activities, and any other DoD organizational entity or instrumentality and emission, degradation, or in the U.S. Code or the Code of Federal breakdown elements of such ordnance Regulations, these terms are defined established to perform a government function. or munitions. (10 U.S.C. 2710(e)(4)) only for purposes of this part. Munitions response means response Barrier means a natural obstacle or Discarded military munitions (DMM) actions, including investigation, obstacles (e.g., difficult terrain, dense means military munitions that have removal actions, and remedial actions, vegetation, deep or fast moving water), been abandoned without proper to address the explosives safety, human a man-made obstacle or obstacles (e.g., disposal or removed from storage in a health, or environmental risks presented fencing), and combinations of natural military magazine or other storage area and man-made obstacles. for the purpose of disposal. The term by unexploded ordnance (UXO), Chemical warfare agents (CWA) does not include unexploded ordnance, discarded military munitions (DMM), or means the V- and G-series nerve agents, military munitions that are being held munitions constituents (MC). H-series (i.e., ‘‘mustard’’ agents) and L for future use or planned disposal, or Munitions response area (MRA) (i.e., lewisite) blister agents, and certain military munitions that have been means any area on a defense site that is industrial chemicals used by the properly disposed of, consistent with known or suspected to contain UXO, military as weapons, including applicable environmental laws and DMM, or MC. Examples are former hydrogen cyanide (AC), cyanogen regulations. (10 U.S.C. 2710(e)(2)) ranges or munitions burial areas. An chloride (CK), or carbonyl dichloride Military munitions means all MRA is comprised of one or more (called phosgene or CG). CWA does not ammunition products and components munitions response sites. include riot control agents (e.g., w- produced for or used by the armed Munitions response site (MRS) means chloroacetophenone (CN) and o- forces for national defense and security, a discrete location within an MRA that chlorobenzylidenemalononitrile (CS) including ammunition products or is known to require a munitions tear gas), chemical herbicides, smoke or components under the control of the response. incendiary compounds, and industrial Department of Defense, the Coast Guard, Operational range means a military chemicals that are not configured as a the Department of Energy, and the range that is used for range activities, or military munition. National Guard. The term includes a military range that is not currently Chemical Warfare Material (CWM) is confined gaseous, liquid, and solid being used but that is still considered by a general term that is comprised of four propellants, explosives, pyrotechnics, the Secretary to be a range area, is under subcategories of specific materials: chemical and riot control agents, the jurisdiction, custody, or control of (1) CWM, explosively configured are smokes, and incendiaries, including the Department of Defense, and has not all munitions that contain a CWA fill bulk explosives and chemical warfare been put to a new use that is

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incompatible with range activities. (10 no constituent sampling data for the (Installations & Environment), the U.S.C. 2710(e)(5)) relative risk site evaluation module), rationale for this change. The DoD Range activities means research, DoD Components will assign an MRS Component shall also provide this development, testing, and evaluation of priority based on the hazard evaluation rationale to the appropriate regulatory military munitions, other ordnance, and modules evaluated and reapply the agencies and involved stakeholders for weapons systems; and the training of Protocol once sufficient data to run the comment before finalizing the change. military personnel in the use and remaining hazard evaluation modules (d) Following the panel review, handling of military munitions, other are available. submit the results of applying the ordnance, and weapons systems. (ii) When an MRS comprises the total Protocol along with the other inventory Unexploded ordnance (UXO) means area of its MRA (i.e., the MRA has either data that 10 U.S.C. 2710(c) requires be military munitions that: not been characterized such that more made publicly available, to the ODUSD (1) Have been primed, fuzed, armed, than one MRS has been delineated, or (I&E). ODUSD (I&E) shall publish this or otherwise prepared for action; characterization has determined that information in the Defense (2) Have been fired, dropped, further delineation is not necessary), Environmental Restoration Program launched, projected, or placed in such DoD Components shall apply the Annual Report to Congress for that fiscal a manner as to constitute a hazard to Protocol to that MRS when sufficient year. If sequencing decisions result in operations, installations, personnel, or data are available to populate all the action at an MRS with a lower MRS material; and data elements within at least one of the priority ahead of an MRS with a higher (3) Remain unexploded either by three hazard evaluation modules. Upon MRS priority, the DoD Component shall malfunction, design, or any other cause. further delineation and characterization provide specific justification to ODUSD (10 U.S.C. 2710(e)(9) and 40 CFR of the MRA into more than one MRS, (I&E). 266.201) Components shall reapply the Protocol (e) Document in a Management United States means, in a geographic to all MRS within the MRA. Action Plan (MAP) or its equivalent all sense, the States, territories, and (b) Ensure that EPA, other Federal aspects of the munitions responses possessions and associated navigable agencies (as appropriate or required), required at all MRS for which that MAP waters, contiguous zones, and ocean State regulatory agencies, Native is applicable. DoD guidance requires American or Alaskan Native Tribes, waters of which the natural resources that MAPs are developed and local RABs or TRCs, and local are under the exclusive management maintained at an installation (or community stakeholders are offered authority of the United States. (10 Formerly Used Defense Site (FUDS) opportunities as early as possible and U.S.C. 2710(e)(10)) property) level. For the FUDS program, throughout the process to participate in a State-wide MAP may also be § 179.4 Policy. the application of the Protocol and developed. (a) In assigning a relative priority for making sequencing decisions. (f) Sequencing decisions at response activities, DoD generally (1) To ensure EPA, other Federal installations and FUDS shall be considers those MRS posing the greatest agencies, State regulatory agencies, developed with input from hazard as having the highest priority for Native American and Alaskan Native stakeholders, such as the regulatory and action. The priority assigned should be Tribes, and local government officials community members of an installation’s based on the overall conditions at each are aware of the opportunity to RAB or TRC, and be documented in the location, taking into consideration participate in the initial application of MAP. Final sequencing may be various factors relating to safety and the Protocol, the DoD Component impacted by DoD Component program environmental hazard potential. organization responsible for management considerations. If the (b) It is DoD policy to ensure that implementing a munitions response at sequencing of any MRS is changed from EPA, other Federal agencies (as the MRS shall send a certified letter to the sequencing reflected in the current appropriate or required), State the heads of these organizations (or their MAP, the DoD Component shall provide regulatory agencies, Native American or designated point-of-contact), as information to the stakeholders Alaskan Native Tribes, local restoration appropriate, seeking their involvement. documenting the reasons for the advisory boards (RABs) or technical A copy of these letters will be placed in sequencing change and shall request review committees (TRCs), and local the Administrative Record and their review and comment on that stakeholders are offered opportunities to Information Repository for the MRS. decision. participate in the application of the (2) To ensure the local community is Protocol and making sequencing aware of the opportunity to participate (g) Ensure that information provided decisions. in the initial application of the Protocol, by stakeholders that may influence the the DoD Component organization MRS priority assigned or sequencing § 179.5 Responsibilities. responsible for implementing a decision concerning an MRS is included For the MRS in the inventory required munitions response at the MRS shall in the Administrative Record and the under 10 U.S.C. 2710(a), each DoD publish an announcement in a local Information Repository. Component shall: community publication requesting (h) Review each MRS priority, at least (a) Apply the Protocol to each MRS: information pertinent to prioritization annually, and update the priority as (1) Under its administrative control. or sequencing decisions. necessary, to reflect new information. (2) Within an MRA such that the total (c) Establish a quality assurance panel Reapplication of the Protocol is required acreage of each MRA is evaluated. to review all MRS prioritization under any of the following (3) When sufficient data are available decisions. This panel will not include circumstances: to populate all the data elements within any participant involved in applying the (1) Upon completion of a response at least one of the three hazard Protocol to the MRS. If the panel action that could change site conditions evaluation modules that comprise the recommends a change that results in a evaluated by the hazard evaluation Protocol. different priority, the DoD Component modules at the MRS. (i) In such cases where data are not shall report, in the inventory data (2) To update or validate a previous sufficient to populate one or two of the submitted to the Office of the Deputy module evaluation at an MRS when new hazard evaluation modules (e.g., there is Under Secretary of Defense information is available.

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(3) To update or validate an MRS (vii) Hazard Evaluation G (Lowest) is and Ecological and/or Cultural priority that was previously assigned assigned to MRS with an EHE module Resources and constitutes 20 percent of based on evaluation of only one or two score less than 38. the CHE score. (See Appendix A to this of the three hazard evaluation modules. (3) There are also three other possible part, Tables 16, 17, 18, and 19.) (4) Upon further delineation and outcomes for the EHE module: (2) Similar to the EHE module, each characterization of an MRA into MRS. (i) Evaluation pending. This category data element is assigned a numeric (5) To categorize any MRS previously is used when there are known or value, and the sum of these values (i.e., classified as ‘‘evaluation pending.’’ suspected UXO or DMM, but sufficient the CHE module score) is used to information is not available to populate § 179.6 Procedures. determine the CHE rating (See the nine data elements of the EHE Appendix A to this part, Table 20): The Protocol is comprised of the module. (i) Hazard Evaluation A (Highest) is following three hazard evaluation (ii) No longer required. This category assigned to MRS with a CHE score modules. is reserved for MRS that no longer greater than 91. (a) Explosive Hazard Evaluation require an assigned priority because (ii) Hazard Evaluation B is assigned to (EHE) Module. (1) The EHE module DoD has conducted a response, all MRS with a CHE score between 82 and provides a single, consistent, DoD-wide objectives set out in the decision 91. approach for the evaluation of explosive document for the MRS have been (iii) Hazard Evaluation C is assigned hazards. This module is used when achieved, and no further action, except to MRS with a CHE score between 71 there is a known or suspected presence for long-term management and recurring and 81. of an explosive hazard. The EHE reviews, is required. (iv) Hazard Evaluation D is assigned module is composed of three factors, (iii) No Known or Suspected Explosive to MRS with a CHE score between 60 each of which is comprised of two to Hazard. This rating is reserved for MRS and 70. four data elements that are intended to that do not require evaluation under the (v) Hazard Evaluation E is assigned to assess the specific conditions at an EHE module. MRS with a CHE score between 48 and MRS. These factors are: (4) The EHE module rating shall be 59. (i) Explosive hazard, which has the considered with the CHE and RRSE (vi) Hazard Evaluation F is assigned data elements Munitions Type and module ratings to determine the MRS to MRS with a CHE score between 38 Source of Hazard (see Appendix A to priority. and 47. this part, Tables 1 and 2) and comprises (5) MRS lacking information for (vii) Hazard Evaluation G (Lowest) is 40 percent of the EHE module score. determining an EHE module rating shall assigned to MRS with a CHE score less (ii) Accessibility, which has the data be programmed for additional study and than 38. elements Location of Munitions, Ease of evaluated as soon as sufficient data are (3) There are also three other potential Access, and Status of Property (see available. Until an EHE module rating is outcomes for the CHE module: Appendix A to this part, Tables 3, 4, assessed, MRS shall be rated as (i) Evaluation pending. This category and 5) and comprises 40 percent of the ‘‘evaluation pending’’ for the EHE is used when there are known or EHE module score. suspected CWM, but sufficient (iii) Receptors, which has the data module. (b) Chemical Warfare Materiel Hazard information is not available to populate elements Population Density, Evaluation (CHE) Module. (1) The CHE the nine data elements of the CHE Population Near Hazard, Types of module provides an evaluation of the module. Activities/Structures, and Ecological chemical hazards associated with the (ii) No longer required. This category and/or Cultural Resources (see physiological effects of CWM. The CHE is reserved for MRS that no longer Appendix A to this part, Tables 6, 7, 8, module is used only when CWM are require an assigned priority because and 9) and comprises 20 percent of the DoD has conducted a response, all EHE module score. known or suspected of being present at (2) Based on MRS-specific an MRS. Like the EHE module, the CHE objectives set out in the decision information, each data element is module is comprised of three factors, document for the MRS have been assigned a numeric value, and the sum each of which is comprised of two to achieved, and no further action, except of these values is the EHE module score. four data elements that are intended to for long-term management and recurring The EHE module score results in an assess the conditions at an MRS. reviews, is required. MRS being placed into one of the (i) The CWM Hazard factor is (iii) No Known or Suspected CWM following ratings (See Appendix A to comprised of two data elements, CWM Hazard. This category is reserved for this part, Table 10): Configuration and Sources of CWM, and MRS that do not require evaluation (i) Hazard Evaluation A (Highest) is constitutes 40 percent of the CHE score. under the CHE module. assigned to MRS with an EHE module (See Appendix A to this part, Tables 11 (4) The CHE rating shall be score of more than 91. and 12.) considered with the EHE module and (ii) Hazard Evaluation B is assigned to (ii) The Accessibility factor focuses on RRSE module ratings to determine the MRS with an EHE module score the potential for receptors to encounter MRS priority. between 82 and 91. the CWM known or suspected to be (5) MRS lacking information for (iii) Hazard Evaluation C is assigned present on an MRS. This factor consists assessing a CHE module rating shall be to MRS with an EHE module score of three data elements, Location of programmed for additional study and between 71 and 81. CWM, Ease of Access, and Status of evaluated as soon as sufficient data are (iv) Hazard Evaluation D is assigned Property, and constitutes 40 percent of available. Until a CHE module rating is to MRS with an EHE module score of the CHE score. (See Appendix A to this assigned, MRS shall be rated as between 60 and 70. part, Tables 13, 14, and 15.) ‘‘evaluation pending’’ for the CHE (v) Hazard Evaluation E is assigned to (iii) The Receptor factor focuses on module. MRS with an EHE module score of the human and ecological populations (c) Relative-Risk Site Evaluation between 48 and 59. that may be impacted by the presence of (RRSE). (1) The RRSE, described in the (vi) Hazard Evaluation F is assigned CWM. It has the data elements Relative-Risk Site Evaluation Primer to MRS with an EHE module score Population Density, Population Near (Summer 1997, Revised Edition) between 38 and 47. Hazard, Types of Activities/Structures, provides a single, consistent DoD-wide

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approach for evaluating the relative risk receive an ‘‘evaluation pending’’ rating operation, or costly maintenance; to human health and the environment for that module. DoD shall develop considering alternatives to removal or posed by chemical contamination program metrics focused on reducing treatment of contamination when present at an MRS (the RRSE Primer can the number of MRS with a status of existing technology cannot achieve be found in the publications section at ‘‘evaluating pending’’ for any of the established standards (e.g., maximum http://www.dtic.mil/envirodod). The three modules. contaminant levels) RRSE module shall be used for (4) A ‘‘prioritization not required’’ evaluating the potential hazards posed rating is used to indicate that a MRS no (9) For responses to address UXO or by munitions constituents (MC) and longer requires prioritization. This DMM, the availability of technology to other chemical contaminants. designation is used only when all three detect, discriminate, recover, and (2) Evaluation of three factors— hazard evaluation modules are rated as destroy the UXO or DMM contaminants present, environmental ‘‘no longer required’’ or ‘‘no known or (10) Implementing standing migration pathways, and receptors— suspected explosive hazard’’ or ‘‘no commitments including those in formal applied to four media—soil, surface known or suspected CWM hazard.’’ agreements with regulatory agencies, water, groundwater, and sediments— § 179.7 Sequencing. requirements for continuation of results in the placement of MRS into remedial action operations until (a) Sequencing considerations. The RRSE module ratings of ‘‘high,’’ response objectives are met, other long- sequencing of MRS for action shall be ‘‘medium,’’ or ‘‘low.’’ (See Table 21 of term management activities, and based primarily on the MRS priority Appendix A to this part.) program administration (3) The RRSE module rating shall be determined through applying the considered with the EHE and CHE Protocol. Generally, MRS that present a (11) Established program goals and module ratings to determine the MRS greater relative hazard to human health, initiatives priority. safety, or the environment will be (12) Short-term and long-term (4) There are also two other potential addressed before MRS that present a ecological effects and environmental outcomes for the RRSE module: lesser relative hazard. Other factors, impacts in general, including injuries to (i) Evaluation pending. This category however, may warrant consideration natural resources. is used when there are known or when determining the sequencing for suspected MC or chemical specific MRS. In evaluating other factors (b) Procedures and documentation for contaminants, but sufficient information in its sequencing decisions, DoD will sequencing decisions. (1) Each is not available to determine the RRSE consider a broad range of issues. These installation or FUDS is required to module rating. ‘‘risk-plus’’ or ‘‘other’’ factors do not develop and maintain a MAP or its (ii) No longer required. This category influence or change the MRS priority equivalent. Sequencing decisions, is reserved for MRS that no longer but may influence the sequencing for which will be documented in the MAP, require an assigned MRS priority action. Examples of factors that DoD at installations and FUDS shall be because DoD has conducted a response, may consider are: developed with input from all objectives set out in the decision (1) Concerns expressed by stakeholders, such as the regulatory and document for the MRS have been stakeholders community members of an installation’s achieved, and no further action, except (2) Cultural and social factors RAB or TRC. If the sequencing of an for long-term management and recurring (3) Economic factors, including MRS is changed from the sequencing reviews, is required. economic considerations pertaining to reflected in the current MAP, (iii) MRS lacking information environmental justice issues, economies information documenting the reasons sufficient for assessing an RRSE module of scale, evaluation of total lifecycle for the sequencing change will be rating shall be programmed for costs, and estimated valuations of long- provided for inclusion in the MAP. additional study and evaluated as soon term liabilities Notice of the change in the sequencing as sufficient data are available. Until an (4) The findings of health, safety, or shall be provided to those stakeholders RRSE module rating is assigned, MRS ecological risk assessments or that provided input to the sequencing shall be classified as ‘‘evaluation evaluations based on MRS-specific data pending’’ for the RRSE module. (5) The reasonably anticipated future process. (d) Determining the MRS Priority. (1) land use, especially when planning (2) In addition to the information on An MRS priority is determined based on response actions, conducting prioritization, DoD Components shall the ratings from the EHE, CHE, and evaluations of response alternatives, or ensure that information provided by RRSE modules (see Appendix A to this establishing specific response action stakeholders that may influence the part, Table 22). Until all three hazard objectives sequencing of a MRS is included in the evaluation modules have been (6) Community reuse requirements at Administrative Record and the evaluated, the MRS priority shall be BRAC installations Information Repository. based on the results of the modules (7) Tribal trust lands, which are lands (3) DoD Components shall report the completed. held in trust by the United States for the (2) Each MRS is assigned to one of benefit of any Indian Tribe or results of sequencing to ODUSD (I&E) eight MRS priorities based on the individual. The United States holds the (or successor organizations). ODUSD ratings of the three hazard evaluation legal title to the land and the Tribe (I&E) shall compile the sequencing modules, where Priority 1 indicates the holds the beneficial interest. results reported by each DoD highest potential hazard and Priority 8 (8) Implementation and execution Component and publish the sequencing the lowest potential hazard. Under the considerations (e.g., funding in the Defense Environmental Protocol, only MRS with CWM can be availability; the availability of the Restoration Program Annual Report to assigned to Priority 1 and no MRS with necessary equipment and people to Congress. If sequencing decisions result CWM can be assigned to Priority 8. implement a particular action; in action at an MRS with a lower MRS (3) Where there is insufficient examination of alternatives to responses priority ahead of MRS with a higher information to assess any of the three that entail significant capital priority, specific justification shall be hazard evaluation modules, MRS shall investments, a lengthy period of provided to ODUSD (I&E).

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Appendix A to 32 CFR Part 179— Tables of the Munitions Response Site Prioritization Protocol The tables in this Appendix are solely for use in implementing 32 CFR part 179.

TABLE 1.—CLASSIFICATIONS WITHIN THE EHE MODULE MUNITIONS TYPE DATA ELEMENT

Classification and description Score

Sensitive: All UXO that are considered likely to function upon any interaction with exposed persons (i.e., submunitions, cluster munitions, 40mm high-explosive grenades, white phosphorus (WP) munitions (including practice munitions with sensitive fuzes, but exclud- ing all other practice munitions), and high explosive anti-tank (HEAT) munitions ...... 30 All hand grenades containing an explosive filler ...... 30 High explosive (used or damaged): All UXO containing a high-explosive filler (e.g., RDX, Composition B) that are not considered ‘‘sensitive’’ ...... 25 All DMM containing a high-explosive filler that have been damaged by burning or detonation ...... 25 All DMM containing a high-explosive filler that have deteriorated to the point of instability ...... 25 Pyrotechnic: All UXO containing pyrotechnic fillers other than white phosphorous (e.g., flares, signals, simulators, smoke grenades) ...... 20 All DMM containing pyrotechnic fillers other than white phosphorous (e.g., flares, signals, simulators, smoke grenades) that have been damaged by burning or detonation or that have deteriorated to the point of instability ...... 20 High explosive (unused): All DMM containing a high-explosive filler that have not been damaged by burning or detonation ...... 15 All DMM containing a high explosive filler that are not deteriorated to the point of instability ...... 15 Propellant: All UXO containing only a single-, double-, or triple-based propellant, or composite propellants (e.g., a rocket motor) ...... 15 All DMM containing only a single-, double-, or triple-based propellant, or composite propellants (e.g., a rocket motor) ...... 15 Bulk HE, pyrotechnics, or propellant: Bulk high explosives, including: demolition charges (e.g., C4 blocks), high explosives not contained in a munition, and concentrated mixtures of high explosives or other munitions constituents mixed with environmental media or debris in concentrations that result in the mixture being explosive (e.g., ‘‘explosive soil’’) ...... 10 All pyrotechnic material that is not contained in a munition (i.e., ‘‘bulk pyrotechnics’’) ...... 10 All single-, double-, or triple-based propellant, or composite propellants that is not contained in a munition (i.e., ‘‘bulk propellant’’) .... 10 Practice: All UXO that are a practice munition not associated with a sensitive fuze ...... 5 All DMM that are a practice munition not associated with a sensitive fuze that have been damaged by burning or detonation ...... 5 All DMM that are a practice munition not associated with a sensitive fuze that have deteriorated to the point of instability ...... 5 Riot control: All UXO or DMM containing only a riot control agent (e.g., tear gas) ...... 3 Small arms: All UXO or DMM that are classified as small arms ammunition. Evidence that no other munitions type (e.g., grenades, sub- caliber training rockets, demolition charges) was used or is present on the MRS is required for selection of this category ...... 2 Evidence of no munitions: Following investigation of the MRS, there is physical evidence there are no UXO or DMM present or there is historical evidence indicating that no UXO or DMM are present ...... 0 Notes: Former (as in ‘‘former range’’) means the MRS is a location that was: (1) closed by a formal decision made by the DoD Component with ad- ministrative control over the location, or (2) put to a use incompatible with the presence of UXO, DMM, or MC. Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowl- edge of site conditions, or (3) found and verified other forms of information. Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. Practice munitions means munitions that contain an inert filler (e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic charge), and a fuze. The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

TABLE 2.—CLASSIFICATIONS WITHIN THE EHE MODULE SOURCE OF HAZARD DATA ELEMENT

Classification and description Score

Former range: The MRS is a former military range where munitions (including practice munitions with sensitive fuzes) have been used. Such areas include: impact or target areas, associated buffer and safety zones, firing points, and live-fire maneuver areas...... 10 Former munitions treatment (i.e., OB/OD) unit: The MRS is a location where UXO or DMM (e.g., munitions, bulk explosives, bulk pyro- technic, or bulk propellants) were burned or detonated for the purpose of treatment prior to disposal ...... 8 Former practice munitions range: The MRS is a former range on which only practice munitions without sensitive fuzes were used ...... 6 Former maneuver area: The MRS is a former maneuver area where no munitions other than flares, simulators, smokes, and blanks were used. There must be evidence that no other munitions were used at the location to place an MRS into this category ...... 5 Former burial pit or other disposal area: The MRS is a location where DMM were buried or disposed of (e.g., disposed of into a water body) without prior thermal treatment ...... 5 Former industrial operating facilities: The MRS is a location that is a former munitions manufacturing or demilitarization operating facility 4 Former firing points: The MRS is a firing point, when the firing point is delineated as an MRS separate from the rest of a former range ... 4 Former missile or air defense artillery emplacements: The MRS is a former missile defense or air defense artillery (ADA) emplacement not associated with a range ...... 2 Former storage or transfer points: The MRS is a location where munitions were stored or handled for transfer between different modes of transportation (e.g., rail to truck, truck to weapon system) ...... 2

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TABLE 2.—CLASSIFICATIONS WITHIN THE EHE MODULE SOURCE OF HAZARD DATA ELEMENT—Continued

Classification and description Score

Former small arms range: The MRS is a former military range where only small arms were used. There must be evidence that no other type of munitions (e.g., grenades) were used or are present at the location to place an MRS into this category ...... 1 Evidence of no munitions: Following investigation of the MRS, there is physical evidence that no UXO or DMM are present, or there is historical evidence indicating that no UXO or DMM are present ...... 0 Notes: Former (as in ‘‘former range’’) means the MRS is a location that was: (1) closed by a formal decision made by the DoD Component with ad- ministrative control over the location, or (2) put to a use incompatible with the presence of UXO, DMM, or MC. Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowl- edge of site conditions, or (3) found and verified other forms of information. Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. Practice munitions means munitions that contain an inert filler (e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic charge), and a fuze. The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

TABLE 3.—CLASSIFICATIONS WITHIN THE EHE INFORMATION ON THE LOCATION OF MUNITIONS DATA ELEMENT

Classification and description Score

Confirmed surface: Physical evidence indicates there are UXO or DMM on the surface of the MRS ...... 25 Historical evidence (e.g., a confirmed incident report or accident report) indicates there are UXO or DMM on the surface of the MRS 25 Confirmed subsurface, active: Physical evidence indicates the presence of UXO or DMM in the subsurface of the MRS and the geological conditions at the MRS are likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive activities (e.g., plowing, construction, dredging) at the MRS that are likely to expose UXO or DMM ...... 20 Historical evidence indicates that UXO or DMM are located in the subsurface of the MRS and the geological conditions at the MRS are likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on- going intrusive activities (e.g., plowing, construction, dredging) at the MRS that are likely to expose UXO or DMM ...... 20 Confirmed subsurface, stable: Physical evidence indicates the presence of UXO or DMM in the subsurface of the MRS and the geological conditions at the MRS are not likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena, or there are no intrusive ac- tivities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause UXO or DMM to be ex- posed ...... 15 Historical evidence indicates that UXO or DMM are located in the subsurface of the MRS and the geological conditions at the MRS are not likely to cause UXO or DMM to be exposed in the future by naturally occurring phenomena, or there are no intrusive ac- tivities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause UXO or DMM to be ex- posed ...... 15 Suspected (physical evidence): There is physical evidence other than the documented presence of UXO or DMM, indicating that UXO or DMM may be present at the MRS ...... 10 Suspected (historical evidence): There is historical evidence indicating that UXO or DMM may be present at the MRS ...... 5 Subsurface, physical constraint: There is physical or historical evidence indicating the UXO or DMM may be present in the subsurface, but there is a physical constraint (e.g., pavement, water depth over 120 feet) preventing direct access to the UXO or DMM ...... 2 Small arms (regardless of location): The presence of small arms ammunitions is confirmed or suspected, regardless of other factors such as geological stability There must be evidence that no other types of munitions (e.g., grenades) were used or are present at the MRS to include it in this category ...... 1 Evidence of no munitions: Following investigation of the MRS, there is physical evidence there are no UXO or DMM present or there is historical evidence indicating that no UXO or DMM are present ...... 0 Notes: Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowl- edge of site conditions, or (3) found and verified other forms of information. Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. In the subsurface means the munition (i.e., a DMM or UXO) is (1) entirely beneath the ground surface, or (2) fully submerged in a water body. On the surface means the munition (i.e., a DMM or UXO) is: (1) entirely or partially exposed above the ground surface, or (2) entirely or par- tially exposed above the surface of a water body (e.g., as a result of tidal activity). The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

TABLE 4.—CLASSIFICATIONS WITHIN THE EHE EASE OF ACCESS DATA ELEMENT

Classification and description Score

No barrier: There is no barrier preventing access to all parts of the MRS (i.e., all parts of the MRS are accessible) ...... 10 Barrier to MRS access is incomplete: There is a barrier preventing access to parts of the MRS but not the entire MRS ...... 8 Barrier to MRS access is complete but not monitored: There is a barrier preventing access to all parts of the MRS, but there is no sur- veillance (e.g., by a guard) to ensure that the barrier is effectively preventing access to all parts of the MRS ...... 5

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TABLE 4.—CLASSIFICATIONS WITHIN THE EHE EASE OF ACCESS DATA ELEMENT—Continued

Classification and description Score

Barrier to MRS access is complete and monitored: There is a barrier preventing access to all parts of the MRS, and there is active, con- tinual surveillance (e.g., by a guard, video monitoring) to ensure that the barrier is effectively preventing access to all parts of the MRS ...... 0 Note: Barrier means a natural obstacle or obstacles (e.g., difficult terrain, dense vegetation, deep or fast moving water), a man-made obstacle or obstacles (e.g., fencing), or a combination of natural and man-made obstacles.

TABLE 5.—CLASSIFICATIONS WITHIN THE EHE STATUS OF PROPERTY DATA ELEMENT

Classification and description Score

Non-DoD control: The MRS is at a location that is no longer owned by, leased to, or otherwise possessed or used by the DoD. Exam- ples are privately owned land or water bodies; land or water bodies owned or controlled by American Indian or Alaskan Native Tribes or State or local governments; and lands or water bodies managed by other Federal agencies ...... 5 Scheduled for transfer from DoD control: The MRS is on land or is a water body that is owned, leased, or otherwise possessed by DoD, and DoD plans to transfer that land or water body to the control of another entity (e.g., a State, American Indian, Alaskan Native, or local government; a private party; another Federal agency) within 3 years from the date the Protocol is applied ...... 3 DoD control: The MRS is on land or is a water body that is owned, leased, or otherwise possessed by the DoD. With respect to property that is leased or otherwise possessed, DoD must control access to the MRS 24-hours per day, every day of the calendar year ...... 0

TABLE 6.—CLASSIFICATIONS WITHIN THE EHE POPULATION DENSITY DATA ELEMENT

Classification and definition Score

> 500 persons per square mile There are more than 500 persons per square mile in the county in which the MRS is located, based on U.S. Census Bureau data ...... 5 100–500 persons per square mile: There are 100 to 500 persons per square mile in the county in which the MRS is located, based on U.S. Census Bureau data ...... 3 < 100 persons per square mile: There are fewer than 100 persons per square mile in the county in which the MRS is located, based on U.S. Census Bureau data ...... 1 Note: If an MRS is in more than one county, the DoD Component will use the largest population value among the counties. If the MRS is with- in or borders a city or town, the population density for the city or town instead of the county population density is used.

TABLE 7.—CLASSIFICATIONS WITHIN THE EHE POPULATION NEAR HAZARD DATA ELEMENT

Classification and description Score

26 or more structures: There are 26 or more inhabited structures located up to 2 miles from the boundary of the MRS, within the bound- ary of the MRS, or both ...... 5 16 to 25: There are 16–25 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 4 11 to 15: There are 11–15 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 3 6 to 10: There are 6–10 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 2 1 to 5: There are 1–5 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both 1 0: There are no inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 0 Note: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, that are routinely occupied by one or more persons for any portion of a day.

TABLE 8.—CLASSIFICATIONS WITHIN THE EHE TYPES OF ACTIVITIES/STRUCTURES DATA ELEMENT

Classification and description Score

Residential, educational, commercial, or subsistence: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary or, within the MRS’s boundary that are associated with any of the following purposes: residential, educational, child care, critical assets (e.g., hospitals, fire and rescue, police stations, dams), hotels, commercial, shopping centers, play grounds, com- munity gathering areas, religious sites, or sites used for subsistence hunting, fishing, and gathering ...... 5 Parks and recreational areas: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary or within the MRS’s boundary that are associated with parks, nature preserves or other recreational uses ...... 4 Agricultural, forestry: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary or within the MRS’s boundary that are associated with agriculture or forestry ...... 3 Industrial or warehousing: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary or within the MRS’s boundary that are associated with industrial activities or warehousing ...... 2 No known or recurring activities: There are no known or recurring activities occurring up to 2 miles from the MRS’s boundary or within the MRS’s boundary ...... 1 Note: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, are routinely oc- cupied by one or more persons for any portion of a day.

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TABLE 9.—CLASSIFICATIONS WITHIN THE EHE ECOLOGICAL AND/OR CULTURAL RESOURCES DATA ELEMENT

Classification and description Score

Ecological and cultural resources present: There are both ecological and cultural resources present on the MRS ...... 5 Ecological resources present: There are ecological resources present on the MRS ...... 3 Cultural resources present: There are cultural resources present on the MRS ...... 3 No ecological or cultural resources present: There are no ecological resources or cultural resources present on the MRS ...... 0 Notes: Ecological resources means that: (1) A threatened or endangered species (designated under the Endangered Species Act (ESA)) is present on the MRS; or (2) the MRS is designated under the ESA as critical habitat for a threatened or endangered species; or (3) there are identified sensitive ecosystems such as wetlands or breeding grounds present on the MRS. Cultural resources means there are recognized cultural, traditional, spiritual, religious, or historical features (e.g., structures, artifacts, sym- bolism) on the MRS. For example, American Indians or Alaska Natives deem the MRS to be of religious significance or there are areas that are used by American Indians or Alaska Natives for subsistence activities (e.g., hunting, fishing). Requirements for determining if a particular feature is a cultural resource are found in the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, Archeological Resources Protection Act, Executive Order 13007, and the American Indian Religious Freedom Act.

TABLE 10.—DETERMINING THE EHE RATING FROM THE EHE MODULE SCORE

Overall EHE module score EHE rating

The MRS has an overall EHE module score from 92 to 100 ...... EHE Rating A The MRS has an overall EHE module score from 82 to 91 ...... EHE Rating B The MRS has an overall EHE module score from 71 to 81 ...... EHE Rating C The MRS has an overall EHE module score from 60 to 70 ...... EHE Rating D The MRS has an overall EHE module score from 48 to 59 ...... EHE Rating E The MRS has an overall EHE module score from 38 to 47 ...... EHE Rating F The MRS has an overall EHE module score less than 38 ...... EHE Rating G

TABLE 11.—CLASSIFICATIONS WITHIN THE CHE CWM CONFIGURATION DATA ELEMENT

Classification and description Score

CWM, explosive configuration, either UXO or damaged DMM: The CWM known or suspected of being present at the MRS is: Explosively configured CWM that are UXO (i.e., CWM/UXO) ...... 30 Explosively configured CWM that are DMM that have been damaged (CWM/DMM) ...... 30 CWM mixed with UXO: The CWM known or suspected of being present at the MRS are CWM/DMM that are co-mingled with conven- tional munitions that are UXO ...... 25 CWM, explosive configuration that are DMM (unused): The CWM 20 known or suspected of being present at the MRS are explosively configured CWM/DMM that have not been damaged ...... 20 CWM, not-explosively configured or CWM, bulk container: The CWM known or suspected of being present at the MRS is: Non-explosively configured CWM/DMM ...... 15 Bulk CWM/DMM (e.g., ton container) ...... 15 CAIS K941 and CAIS K942: The CWM/DMM known or suspected of being present at the MRS is CAIS K941-toxic gas set M–1 or CAIS K942-toxic gas set M–2/E11 ...... 12 CAIS (chemical agent identification sets): The CWM known or suspected of being present at the MRS are only CAIS/DMM. The CAIS present cannot include CAIS K941, toxic gas set M–1; and K942, toxic gas set M–2/E11 for the MRS to be assigned this rating ...... 10 Evidence of no CWM: Following investigation, the physical evidence indicates that CWM are not present at the MRS, or the historical evidence indicates that CWM are not present at the MRS ...... 0 Notes: The notation CWM/DMM means CWM that are DMM. The term CWM/UXO means CWM that are UXO. Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowl- edge of site conditions, or (3) found and verified other forms of information. Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations.

TABLE 12.—CLASSIFICATIONS WITHIN THE CHE SOURCES OF CWM DATA ELEMENT

Classification and description Score

Live-fire involving CWM: The MRS is a range that supported live-fire of explosively configured CWM and the CWM/UXO are known or suspected of being present on the surface or in the subsurface ...... 10 The MRS is a range that supported live-fire with conventional munitions, and CWM/DMM are on the surface or in the subsurface co-mingled with conventional munitions that are UXO ...... 10 Damaged CWM/DMM or CAIS/DMM, surface or subsurface: There are damaged CWM/DMM on the surface or in the subsurface at the MRS ...... 10 Undamaged CWM/DMM or CAIS/DMM, surface: There are undamaged CWM/DMM on the surface at the MRS ...... 10 Undamaged CWM/DMM, or CAIS/DMM, subsurface: There are undamaged CWM/DMM in the subsurface at the MRS ...... 5 Production facilities of CWM or CAIS: The MRS is a facility that engaged in production of CWM, and there are CWM/DMM suspected of being present on the surface or in the subsurface ...... 3

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TABLE 12.—CLASSIFICATIONS WITHIN THE CHE SOURCES OF CWM DATA ELEMENT—Continued

Classification and description Score

Research, Development, Testing, and Evaluation (RDT&E) facility using CWM or CAIS: The MRS is at a facility that was involved in non-live fire RDT&E activities (including static testing) involving CWM, and there are CWM/DMM suspected of being present on the surface or in the subsurface ...... 3 Training facility using CWM or CAIS: The MRS is a location that was involved 2 in training activities involving CWM and/or CAIS (e.g., training in recognition of CWA, decontamination training) and CWM/DMM are suspected of being present on the surface or in the sub- surface ...... 2 Storage or transfer points of CWM: The MRS is a former storage facility or transfer point (e.g., inter-modal transfer) for CWM ...... 1 Evidence of no CWM: Following investigation, the physical evidence indicates that CWM are not present at the MRS, or the historical evidence indicates that CWM are not present at the MRS ...... 0 Notes: The notation CWM/DMM means CWM that are DMM. The term CWM/UXO means CWM that are UXO. Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowl- edge of site conditions, or (3) found and verified other forms of information. Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. In the subsurface means the CWM (i.e., a DMM or UXO) is (1) Entirely beneath the ground surface, or (2) fully submerged in a water body. On the surface means the CWM (i.e., a DMM or UXO) is: (1) Entirely or partially exposed above the ground surface, or (2) entirely or partially exposed above the surface of a water body (e.g., as a result of tidal activity).

TABLE 13.—CLASSIFICATIONS WITHIN THE CHE INFORMATION ON THE LOCATION OF CWM DATA ELEMENT

Classification and description Score

Confirmed surface: Physical evidence indicates there are CWM on the surface of the MRS ...... 25 Historical evidence (e.g., a confirmed incident report or accident report) indicates there are CWM on the surface of the MRS ...... 25 Confirmed subsurface, active: Physical evidence indicates the presence of CWM in the subsurface of the MRS and the geological conditions at the MRS are likely to cause CWM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive activities (e.g., plowing, construction, dredging) at the MRS that are likely to expose CWM ...... 20 Historical evidence indicates that CWM are located in the subsurface of the MRS and the geological conditions at the MRS are like- ly to cause CWM to be exposed in the future by naturally occurring phenomena (e.g., drought, flooding, erosion, frost, heat heave, tidal action), or there are on-going intrusive activities (e.g., plowing, construction, dredging) at the MRS that are likely to expose CWM ...... 20 Confirmed subsurface, stable: Physical evidence indicates the presence of CWM in the subsurface of the MRS and the stable geological conditions at the MRS are not likely to cause CWM to be exposed in the future by naturally occurring phenomena, or there are no intrusive activities oc- curring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause CWM to be exposed ...... 15 Historical evidence indicates that CWM are located in the subsurface of the MRS and the geological conditions at the MRS are not likely to cause CWM to be exposed in the future by naturally occurring phenomena, or there are no intrusive activities occurring at the MRS that are likely to either occur, or if the activities do occur, are likely to cause CWM to be exposed ...... 15 Suspected (physical evidence): There is physical evidence other than the documented presence of CWM, indicating that CWM may be present at the MRS ...... 10 Suspected (historical evidence): There is historical evidence indicating that CWM may be present at the MRS ...... 5 Subsurface, physical constraint: There is physical or historical evidence indicating the CWM may be present in the subsurface, but there is a physical constraint (e.g., pavement, water depth over 120 feet) preventing direct access to the CWM ...... 2 Evidence of no CWM: Following investigation of the MRS, there is physical evidence there is no CWM present or there is historical evi- dence indicating that no CWM are present ...... 0 Notes: Historical evidence means that the investigation: (1) Found written documents or records, or (2) documented interviews of persons with knowl- edge of site conditions, or (3) found and verified other forms of information. Physical evidence means: (1) Recorded observations from on-site investigations, such as finding intact UXO or DMM, or components, frag- ments, or other pieces of military munitions, or (2) the results of field or laboratory sampling and analysis procedures, or (3) the results of geo- physical investigations. In the subsurface means the CWM (i.e., a DMM or UXO) is (1) entirely beneath the ground surface, or (2) fully submerged in a water body. On the surface means the CWM (i.e., a DMM or UXO) is (1) entirely or partially exposed above the ground surface, or (2) entirely or partially exposed above the surface of a water body (e.g., as a result of tidal activity). The term small arms ammunition means solid projectile ammunition that is .50 caliber or smaller and shotgun shells.

TABLE 14.—CLASSIFICATIONS WITHIN THE CHE EASE OF ACCESS DATA ELEMENT

Classification and description Score

No barrier: There is no barrier preventing access to all parts of the MRS (i.e., all parts of the MRS are accessible) ...... 10 Barrier to MRS access is incomplete: There is a barrier preventing access to parts of the MRS but not the entire MRS ...... 8 Barrier to MRS access is complete but not monitored: There is a barrier preventing access to all parts of the MRS, but there is no sur- veillance (e.g., by a guard) ensure that the barrier is effectively preventing access to all parts of the MRS ...... 5

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TABLE 14.—CLASSIFICATIONS WITHIN THE CHE EASE OF ACCESS DATA ELEMENT—Continued

Classification and description Score

Barrier to MRS access is complete and monitored: There is a barrier preventing access to all parts of the MRS, and there is active con- tinual surveillance (e.g., by a guard, video monitoring) to ensure that the barrier is effectively preventing access to all parts of the MRS ...... 0 Notes: Barrier means a natural obstacle or obstacles (e.g., difficult terrain, dense vegetation, deep or fast moving water), a man-made obsta- cle or obstacles (e.g., fencing), or a combination of natural and man-made obstacles.

TABLE 15.—CLASSIFICATIONS WITHIN THE CHE STATUS OF PROPERTY DATA ELEMENT

Classification and description Score

Non-DoD control: The MRS is at a location that is no longer owned by, leased to, or otherwise possessed or used by the DoD. Exam- ples are privately owned land or water bodies; land or water bodies owned or controlled by American Indian or Alaskan Native Tribes, or State or local governments; and lands or water bodies managed by other Federal agencies ...... 5 Scheduled for transfer from DoD control: The MRS is on land or is a water body that is owned, leased, or otherwise possessed by con- trol DoD, and DoD plans to transfer that land or water body to control of another entity (e.g., a State, American Indian, Alaskan Na- tive, or local government; a private party; another Federal agency) within 3 years from the date the Protocol is applied ...... 3 DoD control: The MRS is on land or is a water body that is owned, leased, or otherwise possessed by the DoD. With respect to property that is leased or otherwise possessed, DoD controls access to the property 24-hours per day, every day of the calendar year ...... 0

TABLE 16.—CLASSIFICATIONS WITHIN THE CHE POPULATION DENSITY DATA ELEMENT

Classification and definition Score

> 500 persons per square mile: There are more than 500 persons per square mile in the county in which the MRS is located, based on U.S. Census Bureau data ...... 5 100–500 persons per square mile: There are 100 to 500 persons per square mile in the county in which the MRS is located, based on U.S. Census Bureau data ...... 3 < 100 persons per square mile: There are fewer than 100 persons per square mile in the county in which the MRS is located, based on U.S. Census Bureau data ...... 1 Note: If an MRS is in more that one county, the DoD Component will use the largest population value among the counties. If the MRS is within or borders a city or town, the population density for the city or town instead of the county population density is used.

TABLE 17.—CLASSIFICATIONS WITHIN THE CHE POPULATION NEAR HAZARD DATA ELEMENT

Classification and description Score

26 or more structures: There are 26 or more inhabited structures located up to 2 miles from the boundary of the MRS, within the bound- ary of the MRS, or both ...... 5 16 to 25: There are 16–25 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 4 11 to 15: There are 11–15 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 3 6 to 10: There are 6–10 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 2 1 to 5: There are 1–5 inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both 1 0: There are no inhabited structures located up to 2 miles from the boundary of the MRS, within the boundary of the MRS, or both ...... 0 Note: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, that are routinely occupied by one or more persons for any portion of a day.

TABLE 18.—CLASSIFICATIONS WITHIN THE CHE TYPES OF ACTIVITIES/STRUCTURES DATA ELEMENT

Classification and description Score

Residential, educational, commercial, or subsistence: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary or within the MRS’s boundary that are associated with any of the following purposes: residential, educational, child care, critical assets (e.g., hospitals, fire and rescue, police stations, dams), hotels, commercial, shopping centers, play grounds, com- munity gathering areas, religious sites or sites used for subsistence hunting, fishing, and gathering ...... 5 Parks and recreational areas: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary or within the MRS’s boundary that are associated with parks, nature preserves or other recreational uses ...... 4 Agricultural, forestry: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary, within the MRS’s boundary that are associated with agriculture or forestry ...... 3 Industrial or warehousing: Activities are conducted or inhabited structures are located up to 2 miles from the MRS’s boundary, within the MRS’s boundary that are associated with industrial activities or warehousing ...... 2 No known or recurring activities: There are no known or recurring activities occurring up to 2 miles from the MRS’s boundary or within the MRS’s boundary ...... 1 Notes: The term inhabited structures means permanent or temporary structures, other than DoD munitions-related structures, are routinely oc- cupied by one or more persons for any portion of a day.

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TABLE 19.—CLASSIFICATIONS WITHIN THE CHE ECOLOGICAL AND/OR CULTURAL RESOURCES DATA ELEMENT

Classification and description Score

Ecological and cultural resources present: There are both ecological and cultural resources present on the MRS ...... 5 Ecological resources present: There are ecological resources present on the MRS ...... 3 Cultural resources present: There are cultural resources present on the MRS ...... 3 No ecological or cultural resources present: There are no ecological resources or cultural resources present on the MRS ...... 10 Notes: Ecological resources means that: (1) A threatened or endangered species (designated under the Endangered Species Act (ESA)) is present on the MRS; or (2) the MRS is designated under the ESA as critical habitat for a threatened or endangered species; or (3) there are identified sensitive ecosystems such as wetlands or breeding grounds present on the MRS. Cultural resources means there are recognized cultural, spiritual, traditional, religious, or historical features (e.g., structures, artifacts, sym- bolism) on the MRS. For example, American Indians or Alaska Natives deem the MRS to be of spiritual significance or there are areas that are used by American Indians or Alaska Natives for subsistence activities (e.g., hunting, fishing). Requirements for determining if a particular feature is a cultural resource are found in the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, Archeological Resources Protection Act, Executive Order 13007, and the American Indian Religious Freedom Act.

TABLE 20.—DETERMINING THE CHE RATING FROM THE CHE MODULE SCORE

Overall CHE module score CHE rating

The MRS has an overall CHE module score from 92 to 100 ...... CHE Rating A The MRS has an overall CHE module score from 82 to 91 ...... CHE Rating B The MRS has an overall CHE module score from 71 to 81 ...... CHE Rating C The MRS has an overall CHE module score from 60 to 70 ...... CHE Rating D The MRS has an overall CHE module score from 48 to 59 ...... CHE Rating E The MRS has an overall CHE module score from 38 to 47 ...... CHE Rating F The MRS has an overall CHE module score less than 38 ...... CHE Rating G

TABLE 21.—RELATIVE RISK SITE EVALUATION MODULE HAZARD RATING

Contaminant hazard factor and receptor Migration pathway factor Evident Potential Confined

Significant: Identified ...... High ...... High ...... Medium Potential ...... High ...... High ...... Medium Limited ...... Medium ...... Medium ...... Low Moderate: Identified ...... High ...... High ...... Low Potential ...... High ...... Medium ...... Low Limited ...... Medium ...... Low ...... Low Minimal: Identified ...... High ...... Medium ...... Low Potential ...... Medium ...... Low ...... Low Limited ...... Low ...... Low ...... Low

TABLE 22.—MRS PRIORITY BASED ON HIGHEST HAZARD EVALUATION MODULE RATING

EHE module rating Priority CHE module rating Priority RRSE module rating Priority

Hazard Evaluation A (Highest) .... 1 Hazard Evaluation A (Highest) ..... 2 Hazard Evaluation B ...... 2 High (highest) ...... 2 Hazard Evaluation B ...... 3 Hazard Evaluation C ...... 3 Hazard Evaluation C ...... 4 Hazard Evaluation D ...... 4 Hazard Evaluation D ...... 5 Hazard Evaluation E ...... 5 Medium ...... 5 Hazard Evaluation E ...... 6 Hazard Evaluation F ...... 6 Hazard Evaluation F ...... 7 Hazard Evaluation G (Lowest) ..... 7 Hazard Evaluation G (Lowest) ..... 8 ...... Low ...... 8 No Longer Required ...... No Longer Required ...... No Longer Required Evaluation Pending ...... Evaluation Pending ...... Evaluation Pending No Known or Suspected Explo- ...... No Known or Suspected CWM ...... N/A sive Hazard. Hazard.

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Dated: August 11, 2003. Patricia L. Toppings, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 03–21013 Filed 8–21–03; 8:45 am] BILLING CODE 5001–08–C

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Part V

Department of the Interior Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925 Substituted Federal Enforcement of Portions of Missouri’s Permanent Regulatory Program and Findings on the Status of Missouri’s Permanent Regulatory Program; Final Rule and Proposed Rule

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DEPARTMENT OF THE INTERIOR 62002. Telephone: (618) 463–6460. comments, and the approval of the plan Internet address: [email protected]. in the January 29, 1982, Federal Office of Surface Mining Reclamation SUPPLEMENTARY INFORMATION: Register (47 FR 4253). You can find and Enforcement I. Background on the Missouri Program later actions concerning the Missouri II. OSM’s Findings on the Status of the plan and amendments to the plan at 30 30 CFR Part 925 Missouri Program CFR 925.25. III. OSM’s Decision Section 410 of SMCRA authorizes the Substituted Federal Enforcement of IV. OSM’s Actions and State Remedial Secretary to use funds under the AMLR Portions of Missouri’s Permanent Actions V. Procedural Determinations program to abate or control emergency Regulatory Program and Findings on situations in which adverse effects of the Status of Missouri’s Permanent I. Background on the Missouri Program past coal mining pose an immediate Regulatory Program Section 503(a) of the Act permits a danger to the public health, safety, or AGENCY: Office of Surface Mining State to assume primacy for the general welfare. In a Federal Register Reclamation and Enforcement, Interior. regulation of surface coal mining and notice dated September 29, 1982 (47 FR 42729), we invited States to amend their ACTION: Final rule. reclamation operations on non-Federal and non-Indian lands within its borders AMLR plans for the purpose of SUMMARY: On November 21, 1980, the by demonstrating that its State program undertaking emergency reclamation Secretary of the Interior (the Secretary) includes, among other things, ‘‘a State programs on our behalf. We approved conditionally approved the Missouri law which provides for the regulation of Missouri’s assumption of the AMLR permanent regulatory program (Missouri surface coal mining and reclamation emergency program on June 24, 1998. program) under the Surface Mining operations in accordance with the You can find background information, Control and Reclamation Act of 1977 requirements of this Act * * *; and including our findings, the disposition (SMCRA or the Act). On August 4, 2003, rules and regulations consistent with of comments, and the approval of the we, the Office of Surface Mining regulations issued by the Secretary Missouri AMLR emergency program in Reclamation and Enforcement (OSM), pursuant to this Act.’’ See 30 U.S.C. the June 24, 1998, Federal Register (63 notified the Governor of Missouri that 1253(a)(1) and (7). On the basis of these FR 34277). serious problems exist that are adversely criteria, the Secretary conditionally On June 19, 2003, the MLRP notified affecting implementation and approved the Missouri program on us that the Missouri Legislature passed enforcement of the Missouri program. November 21, 1980. You can find House Bill (HB) 6 that appropriated The Missouri Department of Natural background information on the Missouri funds for the Missouri program. HB 6 Resources, Air and Land Protection program, including the Secretary’s did not fully fund the Missouri program Division, Land Reclamation Program findings, the disposition of comments, for the period beginning July 1, 2003, (MLRP) is the regulatory authority and conditions of approval, in the and ending June 30, 2004. The Governor responsible for implementing and November 21, 1980, Federal Register of Missouri signed the appropriation bill enforcing the Missouri program. We also (45 FR 77017). You can also find later on May 30, 2003 (Administrative Record told the Governor that because of the actions concerning the Missouri No. MO–664). severity of these problems, we must program and program amendments at 30 On July 2, 2003, we met with the immediately substitute Federal CFR 925.10, 925.12, 925.15, and 925.16. MLRP at the Missouri Department of enforcement for portions of the Missouri The Abandoned Mine Land Natural Resources’ office in Jefferson program in the areas of inspection, Reclamation (AMLR) Program was City, Missouri (Administrative Record enforcement, permitting, and bonding established by Title IV of the Act (30 No. MO–664.1). During the meeting, the activities. Therefore, in accordance with U.S.C. 1201 et seq.) in response to MLRP made a presentation, including a the provisions of our regulations, we are concerns over extensive environmental series of slides, describing the recently instituting direct Federal enforcement damage caused by past coal mining approved appropriation bill. HB 6 for those portions of the Missouri activities. The program is funded by a contained a severe cut in general program that the MLRP is not reclamation fee collected on each ton of revenue dollars available as State adequately implementing or enforcing. coal that is produced. The money matching funds for the regulatory Because we believe that it is collected is used to finance the program. The MLRP advised us that the preferable that States hold the primary reclamation of abandoned coal mines moneys that are available for the responsibility for regulating surface coal and for other authorized activities. regulatory program would only be used mining and reclamation operations, we Section 405 of the Act allows States and for bond forfeiture reclamation will provide the MLRP with assistance Indian Tribes to assume exclusive activities. Also, the MLRP advised us and guidance, as necessary, to resolve responsibility for reclamation activity that the State Legislature appropriated the issues and to regain full authority within the State or on Indian lands if funds for the AMLR program. In for those portions of the Missouri they develop and submit to the addition, the MLRP explained that as of program that are not being adequately Secretary for approval, a program (often July 18, 2003, existing regulatory implemented or enforced. This referred to as a plan) for the reclamation program staff, with the exception of four document also sets forth our findings of abandoned coal mines. Section 405(c) full-time employees, would be regarding this action and the status of of the Act also requires States to have transferred to other programs and that it those portions of the Missouri program an approved State regulatory program would not be able to implement and that the MLRP will continue to before the Secretary can approve a State maintain its inspection, enforcement, administer. program for the reclamation of permitting, or bond release abandoned coal mines. On the basis of responsibilities under the currently EFFECTIVE DATE: August 22, 2003. these criteria, the Secretary approved approved Missouri program. The four FOR FURTHER INFORMATION CONTACT: John the Missouri plan on January 29, 1982. full-time employees would perform the W. Coleman, Mid-Continent Regional You can find background information bond forfeiture reclamation activities Coordinating Center, Office of Surface on the Missouri plan, including the that were funded by the State Mining, 501 Belle Street, Alton, Illinois Secretary’s findings, the disposition of Legislature. The MLRP indicated that it

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would try to gain full program funding partial inspections to ensure compliance 2. Bond Forfeiture Reclamation from the Missouri Legislature next year. with the State program. On July 2, 2003, Activities On July 11, 2003, the MLRP notified the MLRP notified us that effective July On July 2, 2003, Missouri told us that the Missouri coal operators that the 18, 2003, existing regulatory program the Missouri Legislature appropriated Legislature had decided, through the staff, including inspection and funds for bond forfeiture reclamation. budget process, to withhold funding and enforcement staff, would be transferred Missouri indicated that it would use the staffing for the Missouri program. The to other programs. Therefore, we find funds to provide four full-time MLRP also notified the operators that that the MLRP does not have the regulatory program staff to implement after July 18, 2003, it would no longer program staff necessary to implement this activity. Missouri had be available for surface coal mining and and maintain its inspection and approximately 33 sites with bonds reclamation regulatory issues enforcement provisions in the Code of forfeited and collected that were (Administrative Record No. MO–664.2). State Regulations (CSR) at 10 CSR 40– On July 21, 2003, the Governor of unreclaimed as of September 30, 2002. 8.030 or its civil and criminal penalty Missouri notified us that the State of In our 2002 annual evaluation report for provisions at 10 CSR 40–8.040 and 40– Missouri is experiencing difficult Missouri, we found that the State took 8.045. Thus, the MLRP cannot budget and revenue shortfalls several actions to improve the effectively implement, maintain, or (Administrative Record No. MO–664.3). effectiveness of its bond forfeiture As a result of the revenue shortfalls, he enforce the inspection and enforcement reclamation. The MLRP developed a requested assistance with permit aspects of the approved Missouri work plan for completing reclamation at reviews, inspection activities, and program and has not demonstrated that several forfeiture sites and instituted general oversight of the active coal it intends to administer these aspects of changes in its internal procedures for mining operations in the State. He the program. handling forfeiture projects. Therefore, we find that Missouri has the program indicated that Missouri continues to B. Permitting have adequate funding and staff staff necessary to implement, maintain, available to maintain design and The MLRP currently has one new and enforce the bond forfeiture reclamation efforts for bond forfeiture permit and several permit revisions that reclamation requirements of the sites, as well as sufficient funding and are pending review for possible approved Missouri program. staff to maintain the AMLR program, approval. On July 2, 2003, the MLRP III. OSM’s Decision including the emergency program. He notified us that effective July 18, 2003, Having reviewed and considered all also indicated that he was hopeful his existing regulatory program staff, available information on the MLRP’s request would be temporary and that he including permitting staff, would be capability and intent to implement, would continue to work with the transferred to other programs. Therefore, maintain, and enforce the Missouri Legislature in an attempt to assure we find that the MLRP does not have program, we made the following adequate funding for all of Missouri’s the program staff necessary to determinations. regulatory program responsibilities. implement and maintain its permitting Missouri has indicated its intent to On August 4, 2003, we notified the provisions at 10 CSR 40–6.010 through Governor of Missouri that we were take steps to resolve the funding and 40–6.120. Thus, the MLRP cannot staffing issues for the entire program. obligated, in accordance with 30 CFR effectively implement, maintain, or 733.12(e), to substitute Federal For this reason, we find that, at this enforce this permitting aspect of the time, withdrawing approval of enforcement for those portions of the approved Missouri program and has not Missouri program that were not fully Missouri’s program is not justified. demonstrated that it intends to We determined that the MLRP does funded and staffed (Administrative administer this aspect of the program. have sufficient funding and staff to Record No. MO–664.4). We cited implement and maintain bond forfeiture Missouri’s failure to fund and staff the C. Bonding reclamation activities. We also Missouri program in several areas 1. Performance Bond Requirements determined that the MLRP does not including inspection, enforcement, have adequate staff and resources to permitting, and bonding activities. On July 2, 2003, the MLRP told us All Missouri Administrative Record implement all other aspects of its that effective July 18, 2003, existing program. To ensure that the adverse documents from MO–664 (June 19, regulatory program staff, with the 2003) through MO–664.4 (August 4, effects of surface mining are controlled exception of bond forfeiture reclamation as required under SMCRA, we must 2003) are being considered in this staff, would be transferred to other rulemaking. assume the responsibility for programs. Therefore, we find that the enforcement of parts of the Missouri II. OSM’s Findings on the Status of the MLRP does not have the program staff program until the MLRP is able to Missouri Program necessary to implement and maintain its administer all segments of its program. On the basis of the record described general bonding provisions at 10 CSR We will directly enforce the above, we are making the following 40–7.011, bond release provisions at 10 inspection and enforcement provisions, findings in accordance with sections CSR 40–7.021, or bond forfeiture the permitting provisions, and the 504 and 521(b) of SMCRA and 30 CFR provisions at 10 CSR 40–7.031, with the bonding and insurance provisions, with 733.12. exception of 10 CSR 40–7.031(3) the exception of bond forfeiture concerning bond forfeiture reclamation reclamation activities. A. Inspection and Enforcement activities. Thus, the MLRP cannot We have developed a process by The MLRP currently has effectively implement, maintain, or which the MLRP could resume full approximately 46 active and inactive enforce all of the bonding aspects of the authority for all aspects of the approved mine sites to inspect. By State law, each approved Missouri program and has not Missouri program. Failure by the MLRP active site requires four complete and demonstrated that it intends to to seek and obtain full authority for the eight partial inspections per year. administer these aspects, with the Missouri program or failure by the Inactive sites require four complete exception of bond forfeiture reclamation MLRP to perform satisfactorily in the inspections per year and sufficient activities. areas in which it retains enforcement

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authority will result in additional 1268, 1271, 1275, and 1276), 30 CFR b. Permit fees are required in Federal action. parts 842 through 845, and 43 CFR part accordance with section 444.820.1 of To implement this decision, we are 4. With respect to enforcement actions MSCML and 10 CSR 40–6.010(6). The amending the Federal regulations at 30 initiated by the MLRP before the fees for all new permitting actions must CFR part 925, which codify decisions effective date of this decision, we will be submitted to and made payable to concerning the Missouri program. We conduct follow-up inspections at all OSM. find that good cause exists under 5 sites with outstanding violations on or c. Administrative and judicial review U.S.C. 553(d)(3) to make this final rule after the abatement dates specified in of our permit decisions will be in effective immediately. Section 503(a)(3) the State-issued notices of violation. accordance with sections 525 and 526 of of SMCRA requires that a State’s b. We will issue, modify, enforce, and SMCRA (30 U.S.C. 1275 and 1276), 30 program demonstrate that the State terminate notices of violation, cessation CFR part 775, and 43 CFR part 4. regulatory authority has sufficient orders, and show cause orders in 3. Bonding administrative and technical personnel accordance with sections 517, 518, 521, and sufficient funding to enable the 525, and 526 of SMCRA (30 U.S.C. 1257, a. We will determine the amount of State to regulate surface coal mining and 1268, 1271, 1275, and 1276), 30 CFR the performance bonds for new reclamation operations in accordance parts 842 through 845, and 43 CFR part permitting actions in accordance with with the requirements of SMCRA. 4. With respect to enforcement actions section 509 of SMCRA and 30 CFR part Effective July 18, 2003, Missouri no initiated by the MLRP before the 800. longer had sufficient administrative and effective date of this decision, we will b. We will maintain the amount of the technical personnel or adequate funding reinspect the site and if the operator has performance bonds for existing permits to implement, maintain, and enforce its not abated the violation by the in accordance with the Missouri approved program. Therefore, Federal abatement date set in the State-issued program at section 444.830 of MSCML enforcement of Missouri’s program must notice of violation, we will take and 10 CSR 40–7.011. be made effective immediately to ensure appropriate enforcement action. We will c. We will review and make decisions the protection of the public through issue a notice of violation for any on performance bond release requests effective control of surface coal mining violation observed by us that has not for new and existing permits in and reclamation operations in the State. been previously cited by the MLRP. We accordance with the Missouri program will issue a cessation order for any at section 444.875 of MSCML and 10 IV. OSM Actions and State Remedial CSR 40–7.021. For existing bonds, we Actions condition or practice that creates an imminent danger to the health or safety will make the required determinations A. Direct Federal Enforcement of the of the public, or is causing, or can for the amount of the bond to be Missouri Program reasonably be expected to cause released and submit the determinations significant, imminent environmental to the MLRP for release. Starting on August 22, 2003, we will d. New performance bonds must be harm to land, air, or water resources. directly implement, administer and made payable to the ‘‘United States of c. We will impose civil and criminal enforce the Missouri program America and State of Missouri,’’ and sanctions, as appropriate, for violations requirements to the extent outlined they must be submitted to OSM. below in accordance with the of the approved Missouri program in e. Administrative and judicial review enforcement provisions of SMCRA and accordance with sections 517, 518, 521, of our performance bond determinations the Federal regulations. The authority of 525, and 526 of SMCRA (30 U.S.C. 1267, will be in accordance with 43 CFR part the MLRP to implement the Missouri 1268, 1271, 1275, and 1276), 30 CFR 4. program is suspended with regard to parts 843 through 845, and 43 CFR part those provisions listed below, with the 4. B. State Remedial Actions following exceptions. With respect to d. We will promptly inform the MLRP To demonstrate its intent and State enforcement actions initiated of the results of all follow-up capability to fully implement the before the effective date of this notice, inspections conducted and of Missouri program as approved by the the MLRP will have authority to take enforcement actions taken that pertain Secretary, we will require the MLRP to administrative actions to process to enforcement actions initiated by the complete the following remedial outstanding violations to a final MLRP before the effective date of this actions. Failure of the MLRP to disposition (including issuing proposed decision. accomplish these remedial measures assessments, assessing penalties, e. Administrative and judicial review could lead to our recommending to the holding informal conferences and of our enforcement actions will be in Secretary that approval of the State hearings, and collecting penalties). accordance with 43 CFR part 4. program be withdrawn. However, any actions by the MLRP to 2. Permitting 1. By August 22, 2003, the MLRP terminate or vacate enforcement actions must submit to us a list of all will not take effect until we approve a. We will review all new applications outstanding enforcement actions them. With respect to State bond and issue all new permits, permit specifying the abatement date set for forfeiture actions initiated before the revisions, permit renewals, transfer and each cited violation. effective date of this notice, the MLRP assignment or sale of permit rights for 2. In accordance with the will have authority to perform bond all surface coal mining and reclamation requirements of the approved Missouri forfeiture reclamation activities. operations in accordance with the program, the MLRP must complete approved Missouri program at sections administrative disposition of all 1. Inspection and enforcement 444.815 through 444.825, 444.835 enforcement actions that were initiated a. We will conduct inspections of all through 444.845, and 444.850 of the before the effective date of this decision. coal exploration and surface coal Missouri Surface Coal Mining Law 3. Not later than 30 days from the mining and reclamation operations, (MSCML) and 10 CSR 40–6.010 through effective date of this decision, the MLRP including bond release inspections, in 40–6.120. This includes pending permit must submit to us a plan to reassume accordance with sections 517, 518, 521, actions for which the MLRP has not full authority for the Missouri program. 525, and 526 of SMCRA (30 U.S.C. 1267, made a final decision. At a minimum, the proposal must

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provide specific and adequate E. Funding Executive Order 13132—Federalism provisions that address the following This rule does not have Federalism problems: We have decided that we will not provide additional grant funds to the implications. SMCRA delineates the a. Funding: The proposal must roles of the Federal and State MLRP for initiating new projects under demonstrate to our satisfaction a governments with regard to the the approved Missouri AMLR program commitment to fully fund the Missouri regulation of surface coal mining and under Title IV of SMCRA. We will program. reclamation operations. One of the b. Staffing: The proposal must review the status of any uninitiated purposes of SMCRA is to ‘‘establish a demonstrate to our satisfaction a projects that are currently funded under nationwide program to protect society commitment to hire a sufficient number one or more AMLR construction grants and the environment from the adverse of qualified personnel to comply with as well as any high-priority proposed effects of surface coal mining all inspection and enforcement, projects and take action as appropriate. operations.’’ Section 503(a)(1) of permitting, and bonding requirements of Also, Missouri currently administers for SMCRA requires that State laws the Missouri program. us the AML emergency program in the regulating surface coal mining and c. Adherence to Approved Program: State. We will continue to fund this reclamation operations be ‘‘in The proposal must include provisions, program, as needed. accordance with’’ the requirements of policy statements, and other affirmative Because the MLRP’s regulatory SMCRA, and section 503(a)(7) requires evidence sufficient to assure us that the authority and responsibilities are being that State programs contain rules and MLRP will be in full compliance at all modified, funding under future regulations ‘‘consistent with’’ times with the provisions of the administration and enforcement grants regulations issued by the Secretary Missouri program. for implementation of the Missouri pursuant to SMCRA. 4. Starting three months after the program must reflect actual regulatory Executive Order 13175—Consultation effective date of this decision, the MLRP authority responsibilities. The MLRP and Coordination With Indian Tribal must submit to us a report once every may submit an application for a new Governments three months on its progress in administration and enforcement grant In accordance with Executive Order obtaining full funding for the Missouri based on its modified responsibilities. program. 13175, we have evaluated the potential 5. Effective September 8, 2003, the V. Procedural Determinations effects of this rule on Federally- recognized Indian tribes and have MLRP must take all steps necessary to Executive Order 12630—Takings ensure that all records, documents, determined that the rule does not have correspondence, inspector logs, etc. are This rule does not have takings substantial direct effects on one or more Indian tribes, on the relationship made secure and to supply copies of all implications. This determination is between the Federal Government and documents to us upon request. based on the analysis performed for the Indian tribes, or on the distribution of counterpart Federal regulation. C. Resumption of State Authority power and responsibilities between the In order to resume regulatory Executive Order 12866—Regulatory Federal Government and Indian tribes. authority over any portion of the Planning and Review This determination is based on the fact inspection and enforcement, permitting, that the Missouri program does not This rule is exempted from review by regulate coal exploration and surface and bonding aspects of the Missouri the Office of Management and Budget program, the MLRP must formally coal mining and reclamation operations (OMB) under Executive Order 12866. petition us. We will entertain such a on Indian lands. Therefore, the Missouri program has no effect on Federally- petition upon completion of the actions Executive Order 12988—Civil Justice recognized Indian tribes. listed above under ‘‘State Remedial Reform Actions.’’ Executive Order 13211—Regulations Before making a decision to allow the The Department of the Interior has That Significantly Affect the Supply, MLRP to resume regulatory authority conducted the reviews required by Distribution, or Use of Energy section 3 of Executive Order 12988 and over any portion of the inspection and On May 18, 2001, the President issued has determined that this rule meets the enforcement, permitting, or bonding Executive Order 13211 which requires applicable standards of subsections (a) operations, we will schedule a public agencies to prepare a Statement of and (b) of that section. However, these comment period and hold a public Energy Effects for a rule that is (1) hearing as outlined under 30 CFR standards are not applicable to the considered significant under Executive 925.19. On the basis of the information actual language of State regulatory Order 12866, and (2) likely to have a available to us, we will determine if the programs and program amendments significant adverse effect on the supply, MLRP will be allowed to resume because each program is drafted and distribution, or use of energy. Because regulatory authority over the Missouri promulgated by a specific State, not by this rule is exempt from review under program. OSM. Under sections 503 and 505 of Executive Order 12866 and is not SMCRA (30 U.S.C. 1253 and 1255) and D. 30 CFR 733 Action expected to have a significant adverse the Federal regulations at 30 CFR effect on the supply, distribution, or use We will publish any additional 730.11, 732.15, and 732.17(h)(10), of energy, a Statement of Energy Effects findings and decisions on this action in decisions on proposed State regulatory is not required. the Federal Register and will amend 30 programs and program amendments CFR part 925 accordingly. A notice submitted by the States must be based National Environmental Policy Act announcing a public comment period solely on a determination of whether the This rule does not require an and opportunity for a hearing on submittal is consistent with SMCRA and environmental impact statement Missouri’s implementation of its its implementing Federal regulations because section 702(d) of SMCRA (30 program and our substitution of Federal and whether the other requirements of U.S.C. 1292(d)) provides that agency enforcement may be found else where in 30 CFR parts 730, 731, and 732 have decisions on proposed State regulatory this edition of the Federal Register. been met. program provisions do not constitute

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major Federal actions within the PART 925—MISSOURI abatement date set in the State-issued meaning of section 102(2)(C) of the notice of violation, we will take ■ National Environmental Policy Act (42 1. The authority citation for part 925 appropriate enforcement action. We will U.S.C. 4332(2)(C)). continues to read as follows: issue a notice of violation for any Authority: 30 U.S.C. 1201 et seq. violation observed by us that has not Paperwork Reduction Act ■ 2. Add section 925.17 to read as been previously cited by the MLRP. We This rule does not contain follows: will issue a cessation order for any information collection requirements that condition or practice that creates an require approval by OMB under the § 925.17 Direct Federal enforcement of the imminent danger to the health or safety Paperwork Reduction Act (44 U.S.C. Missouri program. of the public, or is causing, or can 3507 et seq.). Starting on August 22, 2003, OSM reasonably be expected to cause will directly implement, administer and significant, imminent environmental Regulatory Flexibility Act enforce the Missouri program harm to land, air, or water resources. The Department of the Interior requirements to the extent outlined (c) OSM will impose civil and certifies that the substitution of Federal below in accordance with the criminal sanctions, as appropriate, for enforcement for portions of Missouri’s enforcement provisions of SMCRA and violations of the Missouri program in permanent regulatory program will not the Federal regulations. The authority of accordance with sections 517, 518, 521, have a significant economic impact on the Missouri Department of Natural 525, and 526 of SMCRA (30 U.S.C. 1267, a substantial number of small entities Resources, Air and Land Protection 1268, 1271, 1275, and 1276), 30 CFR under the Regulatory Flexibility Act (5 Division, Land Reclamation Program parts 843 through 845, and 43 CFR part U.S.C. 601 et seq.). The rule is not (MLRP) to implement the Missouri 4. regulatory program is suspended with (d) OSM will promptly inform the expected to result in additional costs to regard to those provisions listed below, MLRP of the results of all follow-up the regulated industry. with the following exceptions. With inspections conducted and of Small Business Regulatory Enforcement respect to State enforcement actions enforcement actions taken that pertain Fairness Act initiated before August 22, 2003, the to enforcement actions initiated by the MLRP will have authority to take MLRP before August 22, 2003. This rule is not a major rule under 5 administrative actions to process (e) OSM will review all new U.S.C. 804(2), the Small Business outstanding violations to a final applications and issue all new permits, Regulatory Enforcement Fairness Act. disposition (including issuing proposed permit revisions, permit renewals, This rule: (a) Does not have an annual assessments, assessing penalties, transfer and assignment or sale of effect on the economy of $100 million; holding informal conferences and permit rights for all surface coal mining (b) Will not cause a major increase in hearings, and collecting penalties). and reclamation operations in costs or prices for consumers, However, any actions by the MLRP to accordance with the approved Missouri individual industries, Federal, State, or terminate or vacate enforcement actions program at sections 444.815 through local government agencies, or will not take effect until we approve 444.825, 444.835 through 444.845, and geographic regions; and (c) Does not them. With respect to bond forfeiture 444.850 of the Missouri Surface Coal have significant adverse effects on actions initiated before August 22, 2003, Mining Law (MSCML) and 10 CSR 40– competition, employment, investment, the MLRP will have authority to 6.010 through 40–6.120. This includes productivity, innovation, or the ability perform bond forfeiture reclamation pending permit actions for which the of U.S.-based enterprises to compete activities. MLRP has not made a final decision. with foreign-based enterprises. This (a) OSM will conduct inspections of Administrative and judicial review will determination is based upon the fact all coal exploration and surface coal be in accordance with sections 525 and that the rule is not expected to result in mining and reclamation operations, 526 of SMCRA (30 U.S.C. 1275 and additional costs to the regulated including bond release inspections, in 1276), 30 CFR part 775, and 43 CFR part industry. accordance with sections 517, 518, 521, 4. Unfunded Mandates 525, and 526 of SMCRA (30 U.S.C. 1267, (f) Permit fees are required in 1268, 1271, 1275, and 1276), 30 CFR accordance with section 444.820.1 of The substitution of Federal parts 842 through 845, and 43 CFR part MSCML and 10 CSR 40–6.010(6). The enforcement for portions of Missouri’s 4. With respect to enforcement actions fees for all new permitting actions must permanent regulatory program will not initiated by the MLRP before August 22, be submitted to and made payable to impose an unfunded mandate on State, 2003, we will conduct follow-up OSM. local, or tribal governments or the inspections at all sites with outstanding (g) OSM will determine the amount of private sector of $100 million or more violations on or after the abatement the performance bonds for new in any given year. This determination is dates specified in the State-issued permitting actions in accordance with based upon the nature of the action notices of violation. section 509 of SMCRA and 30 CFR part being taken. (b) OSM will issue, modify, enforce, 800. and terminate notices of violation, (h) OSM will maintain the amount of List of Subjects in 30 CFR Part 925 cessation orders, and show cause orders the performance bonds for existing Intergovernmental relations, Surface for violations of the approved Missouri permits in accordance with the Missouri mining, Underground mining. program, in accordance with sections program at section 444.830 of MSCML 517, 518, 521, 525, and 526 of SMCRA Dated: August 15, 2003. and 10 CSR 40–7.011. (30 U.S.C. 1257, 1268, 1271, 1275, and (i) OSM will review and make Rebecca W. Watson, 1276), 30 CFR parts 842 through 845, decisions on performance bond release Assistant Secretary, Land and Minerals and 43 CFR part 4. With respect to requests for new and existing permits in Management. enforcement actions initiated by the accordance with the Missouri program ■ For the reasons set out in the preamble, MLRP before August 22, 2003, we will at section 444.875 of MSCML and 10 30 CFR part 925 is amended as set forth reinspect the site and if the operator has CSR 40–7.021. For existing bonds, we below: not abated the violation by the will make the required determinations

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for the amount of the bond to be enforcement actions that were initiated made secure and to supply copies of all released and submit the determinations before the effective date of this decision. documents to OSM upon request. to the MLRP for release. (c) Not later than September 22, 2003, ■ 4. Add § 925.19 to read as follows: (j) Performance bonds must be made the MLRP must submit to OSM a plan payable to the ‘‘United States of to reassume full authority for the § 925.19 Termination of Federal America and State of Missouri,’’ and Missouri program. At a minimum, the enforcement of the Missouri program. they must be submitted to OSM. proposal must provide specific and (a) OSM will consider returning to the (k) Administrative and judicial review adequate provisions that address the MLRP the authority suspended under 30 of OSM’s enforcement actions, following problems: CFR 925.17 provided the following permitting decisions, and performance (1) Funding: The proposal must requirements have been met: bond determinations will be in demonstrate to the satisfaction of OSM (1) The MLRP accomplished to the accordance with 43 CFR part 4. a commitment to fully fund the satisfaction of OSM all remedial actions ■ 3. Add section 925.18 to read as Missouri program. specified under 30 CFR 925.18. follows: (2) Staffing: The proposal must (2) The MLRP petitioned OSM in demonstrate to the satisfaction of OSM writing to consider returning authority § 925.18 State remedial actions. a commitment to hire a sufficient to the State. As a prerequisite to the Missouri number of qualified personnel to (b) Upon satisfaction of the Department of Natural Resources, Air comply with all inspection and requirements specified in paragraph (a) and Land Protection Division, Land enforcement, permitting, and bonding of this section, OSM will schedule a Reclamation Program (MLRP) requirements of the approved Missouri public comment period and hearing on reassuming authority to implement the program. the MLRP’s request. provisions of the Missouri program that (3) Adherence to Approved Program: (c) Following the close of the hearing are being directly enforced by OSM, as The proposal must include provisions, and the comment period, OSM will specified under 30 CFR 936.17, the policy statements, and other affirmative announce in the Federal Register its MLRP must complete the remedial evidence sufficient to assure OSM that decision to grant in whole or in part, or measures specified below to the MLRP will be in full compliance at to deny the MLRP’s request. demonstrate its intent and capability to all times with the provisions of the (d) Following OSM’s decision to fully implement the Missouri program. Missouri program. grant, in part, or to deny the MLRP’s (a) By August 22, 2003, the MLRP (d) Starting November 20, 2003, the request, we will publish in the Federal must submit to OSM a list of all MLRP must submit to OSM a report Register further actions the MLRP will outstanding enforcement actions once every three months on its progress be required to take and the timeframes specifying the abatement date set for in obtaining full funding for the for taking such actions before OSM will each cited violation. Missouri program. consider a second request from the (b) In accordance with the (e) Effective September 8, 2003, the MLRP to return authority to the State. requirements of the approved Missouri MLRP must take all steps necessary to program, the MLRP must complete ensure that all records, documents, [FR Doc. 03–21475 Filed 8–21–03; 8:45 am] administrative disposition of all correspondence, inspector logs, etc. are BILLING CODE 4310–05–P

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DEPARTMENT OF THE INTERIOR You may review copies of all On July 11, 2003, the MLRP notified administrative record documents the Missouri coal operators that the Office of Surface Mining Reclamation referenced in this document and all Legislature had decided, through the and Enforcement written comments received in response budget process, to withhold funding and to this document at the address listed staffing for the Missouri program. The 30 CFR Part 925 below during normal business hours, MLRP also notified the operators that Monday through Friday, excluding after July 18, 2003, it would no longer Missouri Regulatory Program holidays. John W. Coleman, Mid- be available for coal regulatory issues Continent Regional Coordinating Center, AGENCY: Office of Surface Mining (Administrative Record No. MO–664.2). Office of Surface Mining, 501 Belle Reclamation and Enforcement, Interior. On July 21, 2003, the Governor of Street, Alton, Illinois 62002, Telephone: Missouri notified us that the State of ACTION: Public comment period and (618) 463–6460, Internet address: Missouri is experiencing difficult opportunity for a public hearing. [email protected]. budget and revenue shortfalls SUMMARY: We, the Office of Surface FOR FURTHER INFORMATION CONTACT: John (Administrative Record No. MO–664.3). Mining Reclamation and Enforcement W. Coleman, Mid-Continent Regional As a result of the revenue shortfalls, he (OSM), have reason to believe that Coordinating Center. Telephone: (618) requested assistance with permit Missouri is not adequately 463–6460. Internet address: reviews, inspection activities, and implementing, administering, [email protected]. general oversight of the active coal mining operations in the State. He maintaining, or enforcing its approved SUPPLEMENTARY INFORMATION: On June regulatory program (Missouri program) 19, 2003, the Missouri Department of indicated that Missouri continues to to regulate surface coal mining and Natural Resources, Air and Land have adequate funding and staff reclamation operations. Also, based on Protection Division, Land Reclamation available to maintain design and the information that we currently have, Program (MLRP) notified us that the reclamation efforts for bond forfeiture we are substituting Federal enforcement Missouri Legislature passed House Bill sites, as well as sufficient funding and for portions of the Missouri program in (HB) 6 that appropriated funds for the staff to maintain the AMLR program, accordance with our regulations. We Missouri program. In HB 6, the Missouri including the emergency program. He have scheduled a public comment Legislature did not fully fund the also indicated that he was hopeful his period and opportunity for a public Missouri program for the period request would be temporary and that he hearing to provide an opportunity for beginning July 1, 2003, and ending June would continue to work with the interested persons to express their 30, 2004. The Governor of Missouri Legislature in an attempt to assure concerns on Missouri’s implementation signed the appropriation bill on May 30, adequate funding for all of Missouri’s of its program and our substitution of 2003 (Administrative Record No. MO– regulatory program responsibilities. Federal enforcement for portions of the 664). On August 4, 2003, we notified the Missouri program. On July 2, 2003, we met with the Governor of Missouri that we were This document gives the purposes, MLRP at the Missouri Department of obligated, in accordance with 30 CFR dates, and time for the public comment Natural Resources’ office in Jefferson 733.12(e), to substitute Federal period during which interested persons City, Missouri (Administrative Record enforcement for those portions of the may submit written comments on No. MO–664.1). During the meeting, the Missouri program that were not fully Missouri’s implementation of its MLRP made a presentation, including a funded and staffed (Administrative program and on our decision to series of slides, describing the recently Record No. MO–664.4). We cited substitute Federal enforcement for approved appropriation bill. HB 6 Missouri’s failure to fund and staff the portions of the Missouri program. This contained a severe cut in general Missouri program in several areas document also includes the procedures revenue dollars available as State including inspection, enforcement, that we will follow for a public hearing, matching funds for the regulatory permitting, and bonding activities. A if one is requested. We are publishing program. The MLRP advised us that the final rule announcing the substitution of our findings and decision on the moneys that are available for the Federal enforcement for portions of substitution of Federal enforcement for regulatory program would only be used Missouri’s permanent regulatory portions of the Missouri program in a for bond forfeiture reclamation program may be found elsewhere in this separate Federal Register document. activities. Also, the MLRP advised us edition of the Federal Register. that the State Legislature appropriated In accordance with the procedures DATES: We will accept written funds for the abandoned mine land contained in 30 CFR 733.12(d), we are comments until 4 p.m., c.d.t., September reclamation (AMLR) program. In announcing a public comment period 22, 2003. If requested, we will hold a addition, the MLRP explained that as of and offering the opportunity for a public public hearing on September 16, 2003. July 18, 2003, existing regulatory hearing to provide interested parties an We will accept requests to speak at a program staff, with the exception of four opportunity to express their concerns on hearing until 4 p.m., c.d.t. on September full-time employees, would be the implementation of the Missouri 8, 2003. We must receive public transferred to other programs and that it program. We are particularly interested comments before 4 p.m., c.d.t., on would not be able to implement and in the public’s views and concerns on September 22, 2003 at the address listed maintain its inspection, enforcement, the State’s ability to implement its below, in order to be considered in our permitting, or bond release program and on possible actions findings on the status of the Missouri responsibilities under the currently Missouri and OSM should pursue to program. approved Missouri program. The four resolve identified problems. ADDRESSES: You should mail or hand full-time employees would perform the After the public comment period and deliver written comments and requests bond forfeiture reclamation activities review of all available information, we to speak at the hearing to John W. that were funded by the State will publish additional findings on the Coleman, Mid-Continent Regional Legislature. The MLRP indicated that it status of Missouri’s program Coordinating Center, at the address would try to gain full program funding implementation in accordance with the listed below. from the Missouri Legislature next year. provisions of 30 CFR 733.12(e).

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Public Comment Procedures individual respondents request To assist the transcriber and ensure an confidentiality, we will honor their accurate record, we request, if possible, Written Comments request to the extent allowable by law. that each person who speaks at the Send your written or electronic Individual respondents who wish to public hearing provide us with a written comments to OSM at the address given withhold their name or address from copy of his or her comments. The public above. Your written comments should public review, except for the city or hearing will continue on the specified be specific, pertain only to the issues town, must state this prominently at the date until everyone scheduled to speak proposed in this document and include beginning of their comments. We will has been given an opportunity to be explanations in support of your make all submissions from heard. If you are in the audience and recommendations. We will not consider organizations or businesses, and from have not been scheduled to speak and your comments if they are received after individuals identifying themselves as wish to do so, you will be allowed to the close of the comment period (see representatives or officials of speak after those who have been DATES). We will make every attempt to organizations or businesses, available scheduled. We will end the hearing after log all comments into the administrative for public review in their entirety. everyone scheduled to speak and others record, but comments delivered to an present in the audience who wish to Public Hearing address other than the Mid-Continent speak, have been heard. Regional Coordinating Center may not The scope of the public hearing will In addition, we will follow the be logged in. include permitting, bonding, inspection, hearing format and rules of procedure Electronic Comments enforcement, and all other matters listed below. Please submit Internet comments as relevant to the issues of whether a full 1. The hearing will be informal and an ASCII or Word file avoiding the use or partial Federal program or Federal follow legislative procedures. of special characters and any form of enforcement should be implemented in 2. Based on the number of speakers in encryption. Please also include your the State of Missouri. attendance, each participant may be name and return address in your If you wish to speak at the public limited to 10 minutes. Internet message. If you do not receive hearing, contact the person listed under 3. Participants will be called in the a confirmation that we have received FOR FURTHER INFORMATION CONTACT by 4 order in which they register. your Internet message, contact the Mid- p.m., c.d.t. on September 8, 2003. If you Continent Regional Coordinating Center are disabled and need special List of Subjects in 30 CFR Part 925 at (618) 463–6460. accommodations to attend a public Intergovernmental relations, Surface hearing, contact the person listed under mining, Underground mining. Availability of Comments FOR FURTHER INFORMATION CONTACT. We We will make comments, including will arrange the location and time of the Dated: August 13, 2003. names and addresses of respondents, hearing with those persons requesting Jeffrey D. Jarrett, available for public review during the hearing. If no one requests an Director, Office of Surface Mining. normal business hours. We will not opportunity to speak, we will not hold [FR Doc. 03–21474 Filed 8–21–03; 8:45 am] consider anonymous comments. If a hearing. BILLING CODE 4310–05–P

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Part VI

Securities and Exchange Commission 17 CFR Parts 200 and 202 Adoption of Filing Fee Account Rule; Final Rule

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SECURITIES AND EXCHANGE • If an account has had no activity EDGAR system will not be sufficient to COMMISSION since January 1, 2003 and the balance update the Commission’s account exceeds $5.00, the funds will be address records. 17 CFR Parts 200 and 202 returned to the account holders. We also are adopting an update and • [Release Nos. 33–8267; 34–48361; 35– Balances of $5.00 or less in revision to Rule 200.30–13, delegating 27714; 39–2410; IC–26153] accounts with no activity since January authority to the Office of Financial 1, 2003 will be returned to account Management to administer Rule 3a(c).5 Adoption of Filing Fee Account Rule holders upon request, if a request is Since this rule relates solely to agency made before January 1, 2004. If no such procedure or practice, publication for AGENCY: Securities and Exchange request is received, the funds will be notice and comment is not required Commission. forwarded to the U.S. Treasury general under the Administrative Procedure ACTION: Final rule. account, in compliance with applicable Act.6 It follows that the requirements of regulations. the Regulatory Flexibility Act do not SUMMARY: The Securities and Exchange We also are adopting a new rule to apply.7 This rule also imposes no new Commission is adopting a new rule that codify our future practices relating to collection of information under the provides for the return of unused filing these filing fee accounts. The rule, Paperwork Reduction Act.8 fees held in filing fee accounts in which which will be added as new paragraph Statutory Basis there has been no activity for 180 days. (c) to Rule 3a, provides that the SEC will EFFECTIVE DATE: October 21, 2003. return all funds to account holders if Rule 3a(c) and revised Rule 200.30–13 FOR FURTHER INFORMATION CONTACT: there has been no activity in their are promulgated under Sections 6 and Ronnette McDaniel, Office of Filings accounts for 180 calendar days.2 We 19(a) of the Securities Act of 1933, and Information Services at (202) 942– will include a reminder of this Sections 4A, 4B, 13(e), 14(g) and 23(a) 8925; Darrell L. Dockery, Office of provision on each monthly account of the Securities Exchange Act of 1934, Financial Management, at (202) 942– statement sent to active account holders. Section 319(a) of the Trust Indenture 0340; Herbert Scholl, Division of The rule also indicates that account Act of 1939, Section 20(a) of the Public Corporation Finance, at (202) 942–2930; statements and returned funds will be Utility Holding Company Act of 1935, or Carolyn Miller, Division of sent to the account address provided to Section 211 of the Investment Advisers Investment Management, at the SEC by each filer and that filers Act of 1940 and Section 38 of the (202) 942–0510. must keep this address current. Without Investment Company Act of 1940. SUPPLEMENTARY INFORMATION: current account addresses, we may not List of Subjects Commission rules require fees paid in be able to provide timely account connection with filings to be submitted statements, and we may ultimately be 17 CFR Part 200 to the U.S. Treasury Department unable to return funds to the account Administrative practice and depository at Mellon Bank in Pittsburgh, holders. To ensure the timely return of procedure, Authority delegations Pennsylvania.1 The SEC maintains an funds, all current account holders (Government Agencies). should confirm as soon as possible that account for each filer who submits 17 CFR Part 202 funds to the depository for the purpose their account addresses on file with the of paying required fees. As an Commission are up to date. Administrative practice and accommodation, we have allowed filers A company may update its account procedure, Securities. and other addresses using two different to submit funds in advance and to Text of the Amendment maintain indefinitely running balances methods. The preferred and most in these accounts in anticipation of efficient method is to change them ■ In accordance with the foregoing, Title 3 paying a required fee. online using the EDGAR filing website. 17, Chapter II of the Code of Federal A large number of established fee This method ensures data integrity and Regulations is amended as follows: accounts show outstanding balances the most timely update. Alternatively, a PART 200—ORGANIZATION; with no activity for an extended period company may report a change of addresses on an amended Form ID.4 CONDUCT AND ETHICS; AND of time. Our Office of Financial INFORMATION REQUESTS Management is modifying its practices Simply changing an address in the text for maintaining filing fee accounts. The of the cover page of a filing made on the ■ 1. The authority citation for Part 200, changes will reduce the administrative Subpart A—Organization and Program burdens associated with these inactive 2 We have chosen 180 calendar days as a Management, continues to read, in part, reasonable period of time to allow filers flexibility accounts and return control of unused to plan future filings and have money available to as follows: funds to filers for more productive pay fees. The administrative and accounting Authority: 15 U.S.C. 77s, 78d–1, 78d–2, purposes, while retaining flexibility for burdens associated with accounts without activity 78w, 78ll(d), 78mm, 79t, 77sss, 80a–37, 80b– those who are still periodically paying beyond that period begin to outweigh the benefits 11, unless otherwise noted. to filers. The 180-day period begins on the date of filing fees. We will soon take the the last deposit or withdrawal or other adjustment * * * * * following actions relating to current to an account, regardless of the amount. ■ 2. By revising § 200.30–13 to read as accounts: Consequently, if a filer has a balance in an account follows: • Account statements will be sent to that has been inactive for almost 180 days, the filer can avoid the return of funds simply by adding a § 200.30–13 Delegation of authority to all account holders at the most current nominal amount of money to the account via the account address they have provided to depository or by making a filing that will draw Associate Executive Director of the Office the Commission. Subsequently, each down a fee, at which point the 180-day period is of Financial Management. account with activity within 180 re-started. Pursuant to the provisions of 15 calendar days will receive a monthly 3 This process is described in the EDGAR Filer U.S.C. 78d–1 and 78d–2, the Securities Manual (Release 8.5), Vol. 1, Section 6.5.1. account statement. 4 Form ID is used by filers to obtain access codes 5 to make electronic filings on the EDGAR system and 17 CFR 200.30–13. 1 Rule 3a of the Commission’s Informal and Other requires filers to provide account address 6 5 U.S.C. 553(b). Procedures [17 CFR 202.3a] and Rule 13(c) of information to the Commission [17 CFR 239.63; 17 7 5 U.S.C. 601–612. Regulation S–T [17 CFR 232.13(c)]. CFR 249.446; 17 CFR 274.402]. 8 44 U.S.C. 3501–3520.

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and Exchange Commission hereby 80a–41, 80b–9, and 80b–11, unless otherwise timely return of funds. It may not be delegates, until the Commission orders noted. possible to return funds from inactive otherwise, the following functions to the * * * * * accounts if the Commission is unable to Associate Executive Director of the ■ identify a current account address of an Office of Financial Management, to be 4. By amending § 202.3a by adding paragraph (c), to read as follows: account holder after making reasonable performed by him or her, or under his efforts to do so. or her direction by such person or § 202.3a Instructions for filing fees. persons as may be designated from time Note to paragraph (c). A company * * * * * may update its account and other to time by the Chairman of the (c) Filing fee accounts. (1) A filing fee Commission: addresses using two different methods. account is maintained for each filer who (a) The compromise and collection of The preferred and most efficient method submits a filing requiring a fee on the federal claims as required by the Federal is to change them online using the Claims Collection Act of 1966, as Commission’s EDGAR system or who EDGAR filing website. This method amended and recodified at 31 U.S.C. submits funds to the U.S. Treasury ensures data integrity and the most 3701–3720, in conformance with designated depository in anticipation of timely update. Alternatively, a company paying a filing fee. Account statements standards and procedures jointly may report a change of addresses on an are regularly prepared and provided to promulgated by the Secretary of the amended Form ID [17 CFR 239.63; 17 account holders. Account holders must Treasury and the Attorney General of CFR 249.446 and 17 CFR 274.402]. the United States in 31 CFR Parts 900– maintain a current account address with the Commission to ensure timely access Simply changing an address in the text 904. of the cover page of a filing made on the (b) The administration of filing fee to these statements. (2) Funds held in any filing fee EDGAR system will not be sufficient to account procedures and policies update the Commission’s account established in § 202.3a of this chapter. account in which there has not been a deposit, withdrawal or other adjustment address records. PART 202—INFORMAL AND OTHER for more than 180 calendar days will be Dated: August 19, 2003. PROCEDURES returned to the account holder, and By the Commission. account statements will not be sent ■ 3. The authority citation for Part 202 again until a deposit, withdrawal or Margaret H. McFarland, continues to read, in part, as follows: other adjustment is made with respect Deputy Secretary. Authority: 15 U.S.C. 77s, 77t, 78d–1, 78u, to the account. Filers must maintain a [FR Doc. 03–21539 Filed 8–21–03; 8:45 am] 78w, 78ll(d), 79r, 79t, 77sss, 77uuu, 80a–37, current account address to assure the BILLING CODE 8010–01–P

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Part VII

Department of Education Upward Bound Program Participant Expansion Initiative; Notice

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DEPARTMENT OF EDUCATION FOR FURTHER INFORMATION CONTACT: Dr. limiting supplemental funds to projects Margarita Benitez, Sheryl Wilson, or that serve the above described target RIN 1840–ZA03 Gaby Watts, U.S. Department of schools is a good way to ensure that Education, 1990 K Street, NW., Room Upward Bound Program Participant projects serve the lowest income 7020, Washington, DC 20006–8510. Expansion Initiative students because the Free Lunch Telephone (202) 502–7600. The e-mail program is limited to students from AGENCY: Office of Postsecondary address for the Federal TRIO Programs families with the lowest family income. Education, Department of Education. is: [email protected]. The e-mail address for An estimated 180 current Upward ACTION: Notice of final priority. Dr. Margarita Benitez is: Bound projects could receive [email protected]. supplemental funds to serve additional SUMMARY: The Secretary of Education If you use a telecommunications students. announces an absolute priority to device for the deaf (TDD), you may call The effectiveness of UBP–PEI will be provide supplemental funds of up to the Federal Information Relay Service ultimately measured by the college $100,000 in fiscal year (FY) 2003 to (FIRS) at 1–800–877–8339. enrollment rate of these higher-risk, currently funded Upward Bound Individuals with disabilities may low-income, first generation college projects that (1) serve at least one target obtain this document in an alternative students who participate in this high school in which at least 50 percent format (e.g., Braille, large print, initiative. However, in addition to the of the students were eligible for free audiotape, or computer diskette) on ultimate measure of college enrollment, lunch under the National School Lunch request to the contact persons listed in the Secretary will also look at ‘‘what Act (Free Lunch program) during the the preceding paragraph. works’’ in preparing these students for 2001–2002 or 2002–2003 school year, SUPPLEMENTARY INFORMATION: The college, in order to inform program and (2) received supplemental funds in Secretary of Education published a improvements in Upward Bound. Each FY 2000 under the Upward Bound notice of proposed priority in the grantee will be required to work with an Program Participant Expansion Federal Register on June 24, 2003 (68 independent evaluator retained by the Initiative (UBP–PEI). FR 37469–37470). This notice of final Secretary to measure the expansion The Secretary further requires that priority contains several changes from initiative’s effectiveness. projects that receive supplemental funds the notice of proposed priority, which The Secretary will consider requests under this priority will use those funds are explained fully in the Analysis of for $100,000, $75,000, and $50,000 to select and serve students eligible to Comments and Changes section in this under this initiative. An institution that participate in Upward Bound who (1) notice. requests $100,000 must serve at least 20 attend a target high school in which at Background students, an institution that requests least 50 percent of the students were $75,000 must serve at least 15 students, In FY 2003, the Congress appropriated eligible for free lunch under the and an institution that requests $50,000 funds for the Federal TRIO Programs. In National School Lunch Act during the must serve at least 10 students. examining the options available to the 2001–2002 or 2002–2003 school year, Secretary for allocating these funds, the Note: This notice does not solicit and (2) have the greatest need for applications. In any year in which we choose Secretary determined that a portion of Upward Bound services. Eligible to use this priority, we invite applications the funds should be used to increase students having the greatest need for through a notice in the Federal Register. support to the Upward Bound Program. When inviting applications we designate the Upward Bound services are those who: The Upward Bound Program, 1. Have not met the state academic priority as absolute, competitive preference, authorized under section 402C of the or invitational. The effect of each type of achievement standard for grade eight in Higher Education Act of 1965, as priority follows: reading/language arts; or amended (HEA), 20 U.S.C. 1070a–13, Absolute priority: Under an absolute 2. Have not met the state academic helps low-income, potential first- priority we consider only applications that achievement standard for grade eight in generation college students acquire the meet the priority (34 CFR 75.105(c)(3)). math; or skills and motivation necessary for Competitive preference priority: Under a 3. Have a grade point average of 2.5 competitive preference priority we give success in education beyond secondary competitive preference to an application by or less (on a 4.0 scale) for the most school. recent school year for which grade point either (1) awarding additional points, The purpose of this supplement is to depending on how well or the extent to averages are available. help the Upward Bound Program which the application meets the competitive By using state academic achievement achieve one of its key performance priority (34 CFR 75.105(c)(2)(i)); or (2) assessments to determine student goals: increasing the college enrollment selecting an application that meets the eligibility for services, schools can align rate of low-income, first generation competitive priority over an application of this initiative with the requirements and college students. A recent evaluation of comparable merit that does not meet the activities supported by the No Child the Upward Bound Program found that priority (34 CFR 75.105(c)(2)(ii)). Invitational priority: Under an invitational Left Behind Act of 2001, Pub. L. 107– the program has significant effects on 110. priority we are particularly interested in higher risk students, but that the applications that meet the invitational Applicants not eligible for the program was inadequately targeting priority. However, we do not give an absolute priority are invited to apply these students. application that meets the invitational and will be funded, subject to the We intend that, under the absolute priority a competitive or absolute preference availability of funds, as described in the priority, there will be an increase in the over other applications (34 CFR 75.105(c)(1)). funding order below. The selected number of eligible students with the projects must use the supplemental greatest need who are served by the Absolute Priority funds to provide services to eligible Upward Bound Program. The students Under 34 CFR 75.105(c)(3), the project participants with the greatest with the greatest need are generally Secretary will give an absolute need for those services. those from the lowest income levels preference to applications that meet the EFFECTIVE DATE: This priority is effective who have potential for college but are following absolute priority. 30 days after the date of publication in not performing successfully in high The Secretary will provide the Federal Register. school. The Secretary believes that supplemental funds of up to 100,000 to

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regular Upward Bound Program projects priority, the Secretary will select from out that teenagers are more averse than that: among the remaining applicants that younger children to register in 1. Were selected for funding under the meet criteria 1, 2, and 4 based upon the ‘‘poverty’’ programs. One suggested that FY 2003 Upward Bound Program highest scores received (including prior we use data on both the number of competition. experience points) in the FY 2003 participants in the Free Lunch program 2. Serve a target high school in which Upward Bound grant competition. If and the number of students who qualify at least 50 percent of the students were there are insufficient funds for all for reduced lunch for target school eligible to receive free lunch under the applications with the same score, the eligibility. National School Lunch Act during the Secretary will select for funding those Discussion: The Secretary agrees with 2001–2002 or 2002–2003 school year. applicants with the lowest average cost many of the points made by the 3. Received supplemental funds in FY per Upward Bound participant (Federal commenters. However, for purposes of 2000 under the Notice of Final Priority funds only) for the 2001–2002 program this initiative, the Secretary believes dated July 24, 2000, 65 FR 45698– year. that the Free Lunch program criterion is 45699. a fair, valid, and objective measure of 4. (a) Agree to select and serve at least Analysis of Comments and Changes low-income and need for Upward 20 students who are eligible for Upward In response to the Secretary’s Bound services. Bound services, attend a target high invitation in the notice of proposed school in which at least 50 percent of priority, thirty-four parties submitted Changes: None. the students were eligible to receive free comments. An analysis of the comments Date of Eligibility Data lunch under the National School Lunch and of changes in the priority since Act during the 2001–2002 or 2002–2003 publication of the notice of proposed Comments: Two commenters school year and have the greatest need priority follows. We group major issues indicated that Free Lunch program data for project services, if requesting by subject. Generally, we do not address for the 2002–2003 school year was $100,000. technical or other minor changes—and actually easier to obtain and was more (b) Agree to select and serve at least suggested changes the law does not current than data for the 2001–2002 15 students who are eligible for Upward authorize us to make under the school year. applicable statutory authority. Bound services, attend a target high Discussion: The Secretary proposed school in which at least 50 percent of Target School Eligibility using data for the 2001–2002 year in the the students were eligible to receive free notice of proposed priority because the lunch under the National School Lunch Comments: Nine commenters responded. Two recommended that Secretary was uncertain whether more Act during the 2001–2002 or 2002–2003 recent data would be available. If that school year and have the greatest need eligibility be student-centered, that is, that students with the academic profile data is available, the Secretary believes for project services, if requesting that such data may be used. $75,000. outlined in the notice of proposed (c) Agree to select and serve at least priority be eligible to participate in the Changes: The Secretary will accept 10 students who are eligible for Upward initiative, regardless of whether they Free Lunch program data for either the Bound services, attend a target high were enrolled in a target school. Target 2001–2002 or the 2002–2003 school school in which at least 50 percent of schools were defined in the notice of year. proposed priority as those ‘‘in which at the students were eligible to receive free Priority for Currently Funded Programs lunch under the National School Lunch least 50 percent of the students were Act during the 2001–2002 or 2002–2003 eligible for free lunch under the Comments: Six commenters school year and have the greatest need National School Lunch Act during the addressed this issue. Four supported the for project services, if requesting 2001–2002 school year and who have priority in favor of currently funded $50,000. the greatest need for Upward Bound projects that participated in the FY 2000 Students who have the greatest need services.’’ One commenter posited that expansion initiative, citing their for project services are those students it was unfair to exclude low income, experience, proven commitment, and who: high risk students from the initiative record of success. Two pointed out the (i) Have not met the state academic simply because they were not enrolled existence of other experienced and well achievement standard for grade eight in in a school with 50 percent or more qualified projects, and suggested that reading/language arts; students participating in the Free Lunch others be given the opportunity to serve (ii) Have not met the state academic program. A third commenter suggested students from other needy areas. achievement standard for grade eight in that student eligibility should be determined by the project. Discussion: The Secretary math; or understands that there are usually more (iii) Have a grade point average of 2.5 Four commenters questioned the reliability of the Free Lunch program qualified applicants than available or less (on a 4.0 scale) for the most funds, and that forces hard choices. In recent school year for which grade point data as the criterion for eligibility to qualify for funding under the initiative. order to increase the chance that this averages are available. initiative will succeed, the Secretary has Veterans Upward Bound projects and Two remarked that there are more high- chosen to give an absolute priority to Upward Bound Math-Science projects poverty areas in the country than those experienced Upward Bound projects are not eligible to participate in this indicated by the Free Lunch program that have been successful in the past initiative. statistics. According to one commenter, working with eligible target schools and The Secretary will fund applications some regions of the country, such as that have the staff capacity to serve in the following order: Appalachia, have a tradition of low 1. Applications that meet the absolute registration in Federal programs, such as additional students. Nonetheless, the priority. the Free Lunch program. All four Secretary expects that there will be 2. All other applications that meet commenters referred to a significant sufficient funds for this initiative to criteria 1, 2, and 4 above. drop in Free Lunch program award supplemental grants to a few new If funds are available after funding all participation from the early grades to projects. applications that meet the absolute middle and high school. Two pointed Changes: None.

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Length of Funding for UBP–PEI serve well 20 additional students, yet order relies on processes developed by Comments: Four commenters resources would be available to serve a State and local governments for inquired about the expected funding smaller number adequately. coordination and review of proposed Discussion: The Secretary considers period for this initiative. Federal financial assistance. this suggestion reasonable and viable. This document provides early Discussion: To the extent that the Changes: A project may request three notification of our specific plans and commenters were questioning whether levels of funding, $100,000, $75,000, or actions for this program. the Secretary planned to provide $50,000. If a project requests $100,000, additional funding in future fiscal years, Applicable Program Regulations it must serve at least 20 students; if it the Secretary anticipates awarding requests $75,000, it must serve at least 34 CFR part 645 funds under the UBP–PEI for the next 15 students; if it requests $50,000, it four project/budget years. However, the Electronic Access to This Document must serve at least 10 students. expenditure of funds in the future is You may view this document, as well always contingent upon Congressional Concerns About Local Impediments as all other Department of Education action, including the size of the That Run Counter to UBP–PEI documents published in the Federal Congressional appropriation for a Comments: Three commenters Register, in text or Adobe Portable program in a given fiscal year. identified local or regional situations Document Format (PDF) on the Internet Changes: None. that present difficulties in meeting the at the following site: http://www.ed.gov/ UBP–PEI criteria or providing the legislation/FedRegister.html. Requests for Clarification on Student To use PDF, you must have the Adobe Eligibility required services. One was the Appalachia situation that was Acrobat Reader which is available free Comments: Ten commenters asked mentioned above, a second was small at this site. If you have questions about whether students already enrolled in rural schools, and a third was using PDF, call the U.S. Government Upward Bound who took part in the jurisdictions like Chicago, where the Printing Office (GPO), toll free at 1–888– previous Upward Bound initiative could School Board has mandated students 293–6498; or in the Washington, DC area at (202) 512–1530. participate in this year’s initiative. Eight who flunk state tests take summer commenters asked whether all UBP–PEI courses so the students would be unable Note: The official version of this document students must come from the target to participate in the Upward Bound is the document published in the Federal schools that have 50 percent or more summer component. Register. Free Internet access to the official students eligible for the Free Lunch edition of the Federal Register and the Code Discussion: The change discussed of Federal Regulations is available on GPO program. Another commenter asked above that allows a project to apply for whether grades of C or less in 8th grade access at: http://www.access.gpo.gov/nara/ three levels of funding should eliminate index.html. core subjects were acceptable if a the first two concerns. Jurisdictions like student’s grade point average was Chicago are providing a valuable service (Catalog of Federal Domestic Assistance unavailable. Number 84.047A, Upward Bound Program to Chicago students, obviating the need Participant Expansion Initiative) Discussion: Students currently being for Upward Bound involvement. served by Upward Bound projects as a Changes: See preceding change. Program Authority: 20 U.S.C. 1070. consequence of participating in the FY Suggestions for Additional Criteria for Dated: August 18, 2003. 2000 expansion initiative may Sally L. Stroup, participate in UBP–PEI as long as they Student Eligibility Assistant Secretary, Office of Postsecondary meet all UBP–PEI criteria, that is they Comments: Three commenters Education. are eligible Upward Bound participants suggested additional eligibility criteria [FR Doc. 03–21582 Filed 8–19–03; 8:45 am] who are enrolled in an eligible target for program participants: limited BILLING CODE 4000–01–P high school and meet one or more of the English proficiency, English as a second greatest academic need criteria listed in language, and a grade of C or less in core the priority. With regard to the second academic subjects. DEPARTMENT OF EDUCATION question, for the reasons explained in a Discussion: As stated earlier, a previous response, all UBP–PEI students student currently served by Upward [CFDA No: 84.047A] must attend eligible target schools. With Bound projects may be eligible to Office of Postsecondary Education, regard to the third question, the participate in UBP–PEI if the student is Upward Bound Program Participant Secretary does not wish to add enrolled in an eligible target high Expansion Initiative; Notice Inviting additional criteria. Moreover, the third school, and meets one or more of the Applications for Supplemental Awards criterion allows a project to use the greatest academic need criteria listed in for Fiscal Year (FY) 2003 grade point average for the most recent the priority. The Secretary does not school year for which grade point wish to add additional criteria that may Purpose of Program: The purpose of averages are available. Therefore, a be hard to implement consistently this initiative is to help the Upward relevant grade point average will almost across projects nationwide and may Bound Program achieve one of its key always be available. confound the evaluation of the impact performance goals: increasing the Changes: None. that UBP–PEI has on the individuals college enrollment rate of low-income, Request To Reduce the Minimum served. first generation college students. Changes: None. Eligible Applicants: All currently Number of Participants Served funded Upward Bound projects Comments: One commenter proposed Intergovernmental Review successful in the FY 2003 grant that eligible projects be given the This program is subject to Executive competition. Veterans Upward Bound opportunity to serve the number of Order 12372 and the regulations in 34 projects and Upward Bound Math- needy participants they could manage CFR part 79. One of the objectives of the Science projects are not eligible to best. The commenter indicated that Executive order is to foster an participate. project and institutional resources may intergovernmental partnership and a Applications Available: August 21, not be sufficient to accommodate and strengthened federalism. The Executive 2003.

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Deadline for Transmittal of 1. Were selected for funding under the upon the highest scores received Applications: September 8, 2003. FY 2003 Upward Bound Program grant (including prior experience points) in Deadline for Intergovernmental competition; the FY 2003 Upward Bound grant Review: Completed on February 11, 2. Serve a target high school in which competition. If there are insufficient 2003. at least 50 percent of the students were funds for all applications with the same Estimated Available Funds: eligible to receive free lunch under the score, the Secretary will select for $18,000,000. National School Lunch Act during the funding those applicants with the Estimated Range of Awards: $50,000– 2001–2002 or 2002–2003 school year; lowest average cost per Upward Bound $100,000. 3. Received supplemental funds in FY participant (Federal funds only) for the Estimated Average Size of Awards: 2000 under the Notice of Final Priority 2001–2002 program year. $100,000. dated July 24, 2000, 65 FR 45698– FOR APPLICATIONS AND FURTHER Estimated Number of Awards: 180. 45699; and 4. (a) Agree to select and serve at least INFORMATION CONTACT: Dr. Margarita Note: The Department is not bound by any 20 students who are eligible for Upward Benitez, Sheryl Wilson, or Gaby Watts, estimates in this notice. Bound services, attend a target high U.S. Department of Education, 1990 K Project Period: Up to 4 years. school in which at least 50 percent of Street, NW., Room 7020, Washington, Applicable Regulations: (a) The the students were eligible to receive free DC 20006–8510. Telephone (202) 502– Education Department General lunch under the National School Lunch 7600. The e-mail address for the Office Administrative Regulations (EDGAR) in Act during the 2001–2002 or 2002–2003 of Federal TRIO Programs is: 34 CFR parts 74, 75, 77, 79, 82, 86, 97, school year and have the greatest need [email protected]. 98, and 99; and (b) the regulations for for project services, if requesting The e-mail addresses for Dr. Benitez, this program in 34 CFR part 645. $100,000. Ms. Wilson and Ms. Watts are: (b) Agree to select and serve at least SUPPLEMENTARY INFORMATION: Eligible [email protected], 15 students who are eligible for Upward applicants that meet all the criteria for [email protected], Bound services, attend a target high the absolute priority, except for having [email protected]. school in which at least 50 percent of received supplemental funding under the students were eligible to receive free If you use a telecommunications the FY 2000 participant expansion lunch under the National School Lunch device for the deaf (TDD), you may call initiative, are invited to apply and will Act during the 2001–2002 or 2002–2003 the Federal Information Relay Service be funded, subject to the availability of school year and have the greatest need (FIRS) at 1–888–877–8339. funds, as described in the Notice of for project services, if requesting Final Priority. Individuals with disabilities may $75,000. obtain this document in an alternative Applicants for supplemental awards (c) Agree to select and serve at least must submit an application that format (e.g., Braille, large print, 10 students who are eligible for Upward audiotape, or computer diskette) on contains: Bound services, attend a target high • request to the contact persons listed in A list, certified by the Upward school in which at least 50 percent of Bound project director, of the target the preceding paragraph. However, the the students were eligible to receive free Department is not able to reproduce in schools in which at least 50 percent of lunch under the National School Lunch the students were eligible for the Free an alternative format the standard forms Act during the 2001–2002 or 2002–2003 included in the application package. Lunch program during the 2001–02 or school year and have the greatest need 2002–03 school year; for project services, if requesting Electronic Access to This Document • The number of additional students, $50,000. at least 10 (if requesting $50,000), at Students who have the greatest need You may view this document, as well least 15 (if requesting $75,000), or at for project services are those students as all other Department of Education least 20 (if requesting $100,000), that the who: documents published in the Federal project plans to serve; a. Have not met the state academic Register, in text or Portable Document • Agreement to select participants achievement standard for grade eight in Format (PDF) on the Internet at the from the identified eligible target reading/language arts; following site: www.ed.gov/legislation/ schools that have one or more of the b. Have not met the state academic FedRegister. greatest need criteria described in the achievement standard for grade eight in To use PDF you must have Adobe Notice of Final Priority; math; or Acrobat Reader which is available free • A brief description of the activities c. Have a grade point average of 2.5 at this site. If you have questions about that will be supported with the or less (on a 4.0 scale) for the most using the PDF, call the U.S. Government supplemental funding; recent school year for which grade point Printing Office (GPO), toll free, at 1– • A budget summary; and averages are available. 888–293–6498; or in the Washington, • A budget narrative describing how Veterans Upward Bound projects and DC area at (202) 512–1530. the supplemental funds will be used. Upward Bound Math-Science projects are not eligible to participate in this You may also view this document in Priority initiative. PDF at the following site: http:// www.ed.gov/news.html. Absolute Priority The Secretary will fund applications in the following order: Note: The official version of this document Under 34 CFR 75.105(c)(3), the 1. Applications that meet the absolute is the document published in the Federal Secretary will give an absolute priority. Register. Free Internet access to the official preference to applications that meet the 2. All other applications that meet edition of the Federal Register and the Code following absolute priority. criteria 1, 2, and 4 above. of Federal Regulations is available on GPO The Secretary will provide If funds are available after funding all Access at: http://www.access.gpo.gov/nara/ supplemental funds of up to $100,000 to applications that meet the absolute index.html. regular Upward Bound Program projects priority, the Secretary will select from that: among the remaining applicants based Program Authority: 20 U.S.C. 1070.

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Dated: August 18, 2003. Sally Stroup, Assistant Secretary Office of Postsecondary Education. [FR Doc. 03–21583 Filed 8–19–03; 3:49 pm] BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 68, No. 163 Friday, August 22, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 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. 96...... 48322 Presidential Documents 3 CFR 331...... 45787 Executive orders and proclamations 741–6000 Executive Orders: 762...... 49723 The United States Government Manual 741–6000 12722 (See: Notice of 783...... 47499 July 31, 2003) ...... 45739 Other Services 983...... 45990 12724 (See: Notice of 991...... 48575 Electronic and on-line services (voice) 741–6020 July 31, 2003) ...... 45739 1124...... 46505, 49375 Privacy Act Compilation 741–6064 13290 (See: Notice of 1131...... 46505 Public Laws Update Service (numbers, dates, etc.) 741–6043 July 31, 2003) ...... 45739 1135...... 49375 TTY for the deaf-and-hard-of-hearing 741–6086 13313...... 46073 1778...... 46119 13314...... 48249 1910...... 50479 13222 (See: Notice of 1941...... 50479 ELECTRONIC RESEARCH August 7, 2003) ...... 47833 1965...... 50479 World Wide Web Administrative Orders: 2200...... 48814 Notices: 2201...... 48814 Full text of the daily Federal Register, CFR and other publications 4279...... 46509 is located at: http://www.access.gpo.gov/nara Notice of July 31, 2003) ...... 45739 8 CFR Federal Register information and research tools, including Public Notice of August 7, Inspection List, indexes, and links to GPO Access are located at: 2003 ...... 47833 204...... 46925 http://www.archives.gov/federallregister/ Presidential 212...... 46926 214...... 46926 E-mail Determinations: No. 1998–7 of 231...... 46926 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is December 5, 1997 233...... 46926 an open e-mail service that provides subscribers with a digital (See No. 03–31 of 9 CFR form of the Federal Register Table of Contents. The digital form August 8, 2003) ...... 49325 of the Federal Register Table of Contents includes HTML and No. 2003–30 of August 77...... 47201 PDF links to the full text of each document. 7, 2003 ...... 49323 82...... 45741 92...... 50053 No. 2003–31 of August To join or leave, go to http://listserv.access.gpo.gov and select 94...... 47835 8, 2003 ...... 49325 Online mailing list archives, FEDREGTOC-L, Join or leave the list 206...... 47802 No. 2003–28 ...... 47441 (or change settings); then follow the instructions. 430...... 50687 No. 2003–29 ...... 47443 PENS (Public Law Electronic Notification Service) is an e-mail 10 CFR service that notifies subscribers of recently enacted laws. 5 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 72...... 49683 Proposed Rules: 140...... 46929 and select Join or leave the list (or change settings); then follow 334...... 50726 600...... 50646 the instructions. 532...... 47877, 50727 1015...... 48531 FEDREGTOC-L and PENS are mailing lists only. We cannot 7 CFR 1018...... 48531 respond to specific inquiries. Proposed Rules: 51...... 46433, 50681 30...... 45172 Reference questions. Send questions and comments about the 250...... 46434 Federal Register system to: [email protected] 72...... 49726 300...... 50039 170...... 46439 The Federal Register staff cannot interpret specific documents or 319...... 50039 171...... 46439 regulations. 340...... 46434 1015...... 48575 916...... 48251, 48767 1018...... 48575 FEDERAL REGISTER PAGES AND DATE, AUGUST 917...... 48251, 48767 958...... 48529 11 CFR 45157–45740...... 1 993...... 46436 104...... 47386 45741–46072...... 4 996...... 46919 107...... 47386 46073–46432...... 5 1000...... 48770 110...... 47386 46433–46918...... 6 1030...... 50686 111...... 50688 46919–47200...... 7 1032...... 48770 9001...... 47386 47201–47440...... 8 1427...... 49327 9003...... 47386 47441–47834...... 11 1481...... 49329 9004...... 47386 1580...... 50048 47835–48248...... 12 9008...... 47386 1778...... 46077 9031...... 47386 48249–48528...... 13 1794...... 45157 9032...... 47386 48529–48766...... 14 Proposed Rules: 9033...... 47386 48767–49322...... 15 Ch. I ...... 48574 9034...... 47386 49323–49682...... 18 Ch. IX...... 48574 9035...... 47386 49683–50038...... 19 Ch. X...... 48574 9036...... 47386 50039–50456...... 20 Ch. XI...... 48574 9038...... 47386 50457–50680...... 21 52...... 46504 Proposed Rules: 50681–50962...... 22 91...... 48322 100...... 50481

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102...... 50488 1260...... 48837, 48838 24 CFR 165 ...... 45164, 45165, 47237, 106...... 50481 905...... 45730 47239, 47241, 47243, 47245, 110...... 50488 15 CFR 47464, 47465, 47852, 47854, Proposed Rules: 114...... 50481 732...... 50470 48282, 48284, 48555, 48798, 960...... 45734 9004...... 50481 740...... 50470 49356, 49359, 49704, 50711 3282...... 47881 9034...... 50481 744...... 50470 Proposed Rules: 750...... 50470 25 CFR 100...... 48846 12 CFR 752...... 50470 170...... 48549 110...... 45190 19...... 48256 754...... 50470 117 ...... 46139, 47520, 47522, Proposed Rules: 24...... 48771 758...... 50470 49393 Ch. 1 ...... 45787 263...... 48256 770...... 50470 165...... 46984, 47277 303...... 50457 772...... 50470 26 CFR 326...... 50108 308...... 48256 902...... 49683 333...... 50457 911...... 45160 1 ...... 45745, 45772, 46081, 36 CFR 50710 347...... 50457 Proposed Rules: 4...... 46477 300...... 48785 348...... 50457 303...... 45177 7...... 50073 359...... 50457 301...... 46081 513...... 48256 16 CFR 602...... 46081 Proposed Rules: 7...... 47524 701...... 46439 305...... 47449 Proposed Rules: 219...... 49395 1 ...... 46516, 46983, 48331, Proposed Rules: 17 CFR 242...... 49734 3...... 45900 50087, 50734 294...... 49395 7...... 46119 4...... 47221 14a...... 50734 18...... 48549 34...... 46119 301...... 49729 37 CFR 208...... 45900 30...... 46446 1...... 48286 225...... 45900 200...... 50954 27 CFR 2...... 48286 325...... 45900 202...... 50954 Proposed Rules: 567...... 45900 240...... 46446 9...... 48839 Proposed Rules: 614...... 47502 Proposed Rules: 263...... 50493 1...... 46516 28 CFR 615...... 47502 39 CFR 240...... 48724 549...... 47847 14 CFR 111...... 49362 18 CFR Proposed Rules 224...... 47527 15...... 48543 16...... 47519 35...... 49846 261...... 47527 25 ...... 46428, 47202, 47445, 522...... 46138 49332, 50054 381...... 50696 262...... 47527 39 ...... 46441, 46443, 46444, 1304...... 46930 29 CFR 263...... 47527 Proposed Rules: 264...... 47527 47202, 47204, 47207, 47208, 697...... 46949 47211, 47213, 47216, 47218, 2...... 46452 265...... 47527 35...... 49974 4022...... 48787 266...... 47527 47447, 47842, 48274, 48544, 4044...... 48787 48546, 48783, 49334, 49336, 284...... 48133 267...... 47527 Proposed Rules 49337, 49340, 49342, 49344, 388...... 46456 268...... 47527 Ch. X...... 46983 49686, 49688, 50055, 50057, 3001...... 48293 19 CFR 1926...... 48843 50058, 50061, 50064, 50461, Proposed Rules: 4...... 48279 50462, 50689, 50693 111...... 45192, 49396 103...... 47453 30 CFR 71 ...... 47447, 47448, 47449, 111...... 47455 925...... 50944 47637, 47844, 47846, 48994, 40 CFR 122...... 50697 926...... 46460 49345, 49346, 49348, 49349, 52 ...... 45897, 46089, 46099, 148...... 50698 938...... 48789 49350, 49546, 49690, 49691, 191...... 50700 46101, 46479, 46484, 46487, 50068, 50222, 50464, 50465, Proposed Rules 47466, 47468, 47473, 47477, Proposed Rules: 50466, 50468 57...... 48668 47482, 48557, 48803 103...... 48327 72...... 47886 91...... 50054 141...... 50733 60...... 46489 97...... 48276, 48277 206...... 50087 62 ...... 48558, 49363, 49706 119...... 47798 20 CFR 210...... 50087 63...... 46102 121...... 50054, 50069 925...... 50950 70...... 46489 218...... 45315 943...... 48844 125...... 50054, 50069 225...... 45315 71...... 45167 135...... 50054, 50069 81...... 47964 Proposed Rules: 31 CFR 1260...... 50468 86...... 48561 404...... 45180, 47877 50...... 48280 Proposed Rules: 416...... 45180 180 ...... 46491, 47246, 48299, 21...... 46283 591...... 45777 48302, 48312 39 ...... 45176, 45177, 46514, 21 CFR 592...... 45777 261...... 46951 47267, 47513, 48326, 48576, 172 ...... 46364, 46403, 50069 Proposed Rules: 300...... 48314, 50714 48833, 48835, 49390, 50491, 510...... 49703 210...... 50672 Proposed Rules: 50729, 50731 Ch. 1 ...... 46435 522 ...... 48784, 49350, 49703 32 CFR 61...... 46283 558...... 47237 19...... 45788 65...... 46283 886...... 49351 21...... 47150 27...... 45788 71 ...... 47515, 47516, 47518, Proposed Rules: 22...... 47150 51...... 46436 49727, 50081, 50082, 50083, 310...... 48133 32...... 47150 52 ...... 46141, 46437, 47279, 50084 334...... 48133 34...... 47150 47530, 45731, 47532, 47533 73...... 48579, 50838 510...... 47272 37...... 47150 62...... 48581, 49406 77...... 46283 558...... 47272 Proposed Rules 63...... 46142 91...... 47269, 50085 179...... 50900 70...... 46438 107...... 46283 22 CFR 199...... 46526, 49732 81...... 48848 109...... 46283 41 ...... 46948, 47460, 49351 141...... 47640, 49548 121 ...... 46283, 47269, 50085 42...... 49353 33 CFR 142...... 47640, 49548 135 ...... 46283, 47269, 50085 100 ...... 46087, 47237, 48553 143...... 49548 145...... 46283 23 CFR 117 ...... 45784, 47462, 47850, 194...... 47887 154...... 46283 1225...... 50703 47851 271...... 45192

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300 ...... 48331, 49406, 50735 73 ...... 46359, 47282, 47283, 2922...... 48996 1503...... 49718 432...... 48472 47284, 47285, 49410, 50740 2923...... 48996 1510...... 49718 2924...... 48996 1511...... 49718 48 CFR 41 CFR 2925...... 48996 1540...... 49718 Proposed Rules: 217...... 50474 2926...... 48996 1542...... 49718 51-3...... 45195 219...... 50476 2927...... 48996 1544...... 49718 51-4...... 45195 237...... 50476 2928...... 48996 1546...... 49718 252...... 50477 2929...... 48996 1548...... 49718 42 CFR Proposed Rules: 2930...... 48996 1550...... 49718 409...... 46036, 50840 242...... 50495 2931...... 48996 Proposed Rules: 411...... 46036 1806...... 45168 2932...... 48996 71...... 47533 2933...... 48996 412 ...... 45346, 45674, 47637 1807...... 45168 380...... 47890, 48863 2934...... 48996 413 ...... 45346, 46036, 50717 1811...... 45168 385...... 49737 1814...... 45168 2935...... 48996 417...... 50840 390...... 49737 1815...... 45168 2936...... 48996 422...... 50840 391...... 47890 1817...... 45168 2937...... 48996 424...... 48805 397...... 49737 1819...... 45168 2938...... 48996 440...... 46036 571 ...... 46539, 46546, 49756 1825...... 45168 2939...... 48996 483...... 46036 585...... 46546 488...... 46036 1827...... 45168 2940...... 48996 1844...... 45168 2941...... 48996 586...... 46546 493...... 50722 589...... 46546 489...... 46036 1852...... 45168 2942...... 48996 1872...... 45168 2943...... 48996 590...... 46546 Proposed Rules: 2944...... 48996 596...... 46546 405...... 50428 Proposed Rules: 2945...... 48996 1152...... 48332 410...... 47966, 49030 1601...... 48851 2946...... 48996 1507...... 49410 414...... 49030, 50735 1602...... 48851 2947...... 48996 419...... 47966 1604...... 48851 1615...... 48851 2948...... 48996 50 CFR 2949...... 48996 44 CFR 1631...... 48851 17...... 46684, 46870 1632...... 48851 2950...... 48996 65...... 49365 20...... 50496 1644...... 48851 2951...... 48996 67...... 49371 21...... 50496 1652...... 48851 2952...... 48996 679...... 50509 2901...... 48996 2953...... 48996 46 CFR 300...... 47256, 48572 2902...... 48996 9904...... 50111 188...... 45785 2903...... 48996 622...... 47498 49 CFR 189...... 45785 2904...... 48996 635...... 45169 71...... 49373, 49712 648...... 47264, 49693 47 CFR 2905...... 48996 2906...... 48996 171...... 48562 660...... 46112, 49721 1...... 48446 2907...... 48996 172...... 48562 679 ...... 45170, 45766, 46116, 2...... 46957 2908...... 48996 173...... 48562 46117, 46502, 47265, 47266, 13...... 46957 2909...... 48996 177...... 48562 47875, 49374, 50079 15...... 50725 2910...... 48996 178...... 48562 Proposed Rules: 25...... 47856, 49372 2911...... 48996 179...... 48562 15...... 46559 54 ...... 47253, 49707, 50077 2912...... 48996 180...... 48562 17 ...... 46143, 46989, 48581 61...... 50077 2913...... 48996 191...... 46109 20...... 47424, 50016 69...... 46500 2914...... 48996 192...... 46109 32...... 48583 73 ...... 45786, 46286, 46502, 2915...... 48996 195...... 46109 100...... 49734 47255, 47256, 48764, 49372, 2916...... 48996 229...... 49713 600...... 45196 50725 2917...... 48996 390...... 47860 622...... 48592 80...... 46957 2918...... 48996 398...... 47860 635...... 45196, 47404 Proposed Rules: 2919...... 48996 571 ...... 47485, 48571, 50077 648...... 49758 2...... 49409, 50739 2920...... 48996 1500...... 49718 660...... 49415 25...... 49409 2921...... 48996 1502...... 49718 679...... 49416, 50120

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REMINDERS Great Lakes Pilotage AGRICULTURE process, lesser quantity The items in this list were Director; published 6-23- DEPARTMENT designations, and source editorially compiled as an aid 03 Animal and Plant Health category list; comments to Federal Register users. INTERIOR DEPARTMENT Inspection Service due by 8-28-03; published 5-30-03 [FR 03-13428] Inclusion or exclusion from Surface Mining Reclamation Exportation and importation of this list has no legal and Enforcement Office animals and animal ENVIRONMENTAL significance. products: Permanent program and PROTECTION AGENCY abandoned mine land Disease-free regions; Air programs: RULES GOING INTO reclamation plan reestablishment Stratospheric ozone submissions: procedures; comments protection— EFFECT AUGUST 22, due by 8-25-03; published Missouri; published 8-22-03 Methyl bromide; ban on 2003 6-24-03 [FR 03-15907] LABOR DEPARTMENT trade with non-parties to AGRICULTURE Montreal Protocol; AGRICULTURE Mine Safety and Health DEPARTMENT DEPARTMENT comments due by 8-25- Administration Animal and Plant Health 03; published 7-25-03 Food Safety and Inspection Mining products; testing, Inspection Service [FR 03-18856] Service evaluation, and approval: Hawaiian and territorial Meat and poultry inspection: ENVIRONMENTAL Mobile battery-powered quarantine notices: PROTECTION AGENCY Poultry products (ratite machines; plug and only); importation from Sweetpotatoes from Hawaii; Air programs: receptacle-type irradiation treatment; Australia and New Stratospheric ozone connectors; alternate comments due by 8-25- Zealand into U.S.; locking devices; published protection— published 6-23-03 03; published 6-26-03 [FR 6-23-03 03-16182] Methyl bromide; ban on ENVIRONMENTAL trade with non-parties to LABOR DEPARTMENT PROTECTION AGENCY AGRICULTURE Montreal Protocol; DEPARTMENT Air programs: Wage and Hour Division comments due by 8-25- State program approvals American Samoa; minimum Food Safety and Inspection 03; published 7-25-03 and delegation of Federal wage rates; published 8-7- Service [FR 03-18855] authorities; clarifications; 03 Meat and poultry inspection: Air quality implementation published 6-23-03 TRANSPORTATION Recordkeeping and plans: Air quality implementation DEPARTMENT registration requirements; Preparation, adoption, and policy statement; plans; approval and Federal Aviation submittal— comments due by 8-25- promulgation; various Administration Prevention of significant States: 03; published 6-25-03 [FR Airworthiness directives: 03-15741] deterioration and non- New Jersey; published 7-23- attainment new source 03 Aerospatiale; published 7- COMMERCE DEPARTMENT 18-03 review; reconsideration; New Jersey; correction; National Oceanic and comments due by 8-29- Boeing; published 7-18-03 published 8-4-03 Atmospheric Administration 03; published 7-30-03 FEDERAL ELECTION Bombardier; published 7-18- International fisheries [FR 03-19356] 03 COMMISSION regulations: Air quality implementation Federal Election Campaign Pacific halibut— plans; approval and Act of 1971; deposition COMMENTS DUE NEXT Oregon sport fisheries; promulgation; various transcripts in nonpublic WEEK additional access; States; air quality planning investigations; policy comments due by 8-29- purposes; designation of statement; published 8-22- 03; published 8-14-03 areas: AGRICULTURE 03 [FR 03-20680] DEPARTMENT Idaho; comments due by 8- HOMELAND SECURITY COMMERCE DEPARTMENT 29-03; published 7-30-03 DEPARTMENT Agricultural Marketing [FR 03-19355] Service National Oceanic and Customs and Border Atmospheric Administration Air quality implementation Protection Bureau Cherries (tart) grown in— Ocean and coastal resource plans; approval and Air commerce: Michigan et al.; comments management: promulgation; various User fee airports; published due by 8-25-03; published Coastal Zone Management States: 8-22-03 7-25-03 [FR 03-18985] Act; Federal consistency Texas; comments due by 8- Drawback: Dates (domestic) produced or process; comments due 29-03; published 7-30-03 Manufacturing substitution packed in— by 8-25-03; published 7-7- [FR 03-19278] drawback; duty California; comments due by 03 [FR 03-17033] ENVIRONMENTAL apportionment; published 8-27-03; published 7-28- COMMERCE DEPARTMENT PROTECTION AGENCY 8-22-03 03 [FR 03-19128] Merchandise entry: Patent and Trademark Office Air quality implementation Oranges, grapefruit, plans; approval and Anticounterfeiting Consumer Organization, functions, and tangerines, and tangelos promulgation; various Protection Act; Customs authority delegations: grown in— States: entry documentation; Power of attorney practice Florida; comments due by withdrawn; published 8- clarification and Texas; comments due by 8- 8-27-03; published 7-28- 22-03 assignment rules revision; 29-03; published 7-30-03 03 [FR 03-19129] Public international comments due by 8-26- [FR 03-19279] organizations, designated; AGRICULTURE 03; published 6-27-03 [FR ENVIRONMENTAL list update; published 8-22- DEPARTMENT 03-16262] PROTECTION AGENCY 03 Agricultural Marketing ENVIRONMENTAL Pesticides; tolerances in food, HOMELAND SECURITY Service PROTECTION AGENCY animal feeds, and raw DEPARTMENT Prunes (dried) produced in— Air pollutants, hazardous; agricultural commodities: Coast Guard California; comments due by national emission standards: Buprofezin; comments due Organization, functions, and 8-25-03; published 6-24- List of hazardous air by 8-25-03; published 6- authority delegations: 03 [FR 03-15832] pollutants, petition 25-03 [FR 03-15767]

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Flufenacet, etc.; comments Federal tax refund offset; Massachusetts; comments Merchandise Return Service due by 8-25-03; published comments due by 8-25- due by 8-25-03; published labels; routing barcodes; 6-25-03 [FR 03-15905] 03; published 6-26-03 [FR 6-26-03 [FR 03-15999] comments due by 8-25- ENVIRONMENTAL 03-14883] Ports and waterways safety: 03; published 7-25-03 [FR PROTECTION AGENCY HEALTH AND HUMAN Portland, OR; large 03-18996] Superfund program: SERVICES DEPARTMENT passenger vessels; safety STATE DEPARTMENT National oil and hazardous Food and Drug and security zone; Visas; nonimmigrant substances contingency Administration comments due by 8-27- documentation: plan— Animal drugs, feeds, and 03; published 7-28-03 [FR Victims of severe forms of 03-19145] National priorities list related products: trafficking in persons; new update; comments due Liquid medicated and free- Ventura, CA; safety zone; visa classification (T) by 8-26-03; published choice medicated animal comments due by 8-27- added; comments due by 7-28-03 [FR 03-18741] feed; requirements; 03; published 7-24-03 [FR 8-25-03; published 6-26- 03-18761] National priorities list comments due by 8-26- 03 [FR 03-16194] update; comments due 03; published 5-28-03 [FR HOUSING AND URBAN TRANSPORTATION by 8-26-03; published 03-12974] DEVELOPMENT DEPARTMENT 7-28-03 [FR 03-18740] Food for human consumption: DEPARTMENT Workplace drug and alcohol National priorities list Infant formula; current good Public and Indian housing: testing programs: manufacturing practice, update; comments due Indian Housing Block Grant Medical review officers; quality control procedures, by 8-27-03; published Program; minimum reporting specimens as etc.; comments due by 8- 7-28-03 [FR 03-19006] funding; comments due by dilute or substituted; 26-03; published 6-27-03 8-25-03; published 6-24- comments due by 8-26- FEDERAL [FR 03-16357] COMMUNICATIONS 03 [FR 03-15817] 03; published 5-28-03 [FR COMMISSION Human drugs: INTERIOR DEPARTMENT 03-13242] Oral health care products Digital television stations; table Fish and Wildlife Service TRANSPORTATION (OTC)— of assignments: Marine mammals: DEPARTMENT Antigingivitis/antiplaque Texas; comments due by 8- Federal Aviation products; monograph Incidental take during 28-03; published 7-18-03 Administration establishment; specified activities— [FR 03-18148] comments due by 8-27- Polar bears and Pacific Airworthiness directives: FEDERAL 03; published 5-29-03 walrus; comments due Agusta S.p.A.; comments COMMUNICATIONS [FR 03-12783] by 8-25-03; published due by 8-25-03; published 7-25-03 [FR 03-18907] COMMISSION HEALTH AND HUMAN 6-26-03 [FR 03-15447] Frequency allocations and SERVICES DEPARTMENT JUSTICE DEPARTMENT TRANSPORTATION radio treaty matters: Food and Drug Prisons Bureau DEPARTMENT 4.9 GHz band transferred Administration Inmate control, custody, care, Federal Aviation from Federal government Human drugs: etc.: Administration use; comments due by 8- Skin protectant products Good conduct time; aliens Airworthiness directives: 29-03; published 6-30-03 (OTC)— with confirmed orders of [FR 03-16375] Boeing; comments due by Astringent products; final deportation, exclusion, or 8-25-03; published 7-9-03 FEDERAL monograph; comments removal; comments due [FR 03-17318] COMMUNICATIONS due by 8-27-03; by 8-25-03; published 6- COMMISSION 25-03 [FR 03-15823] TRANSPORTATION published 6-13-03 [FR DEPARTMENT Radio broadcasting: 03-14818] LABOR DEPARTMENT Federal Aviation AM directional antennas; HEALTH AND HUMAN Veterans Employment and Administration amendment; comments SERVICES DEPARTMENT Training Service due by 8-29-03; published Airworthiness directives: Food and Drug Services to veterans; Funding 7-28-03 [FR 03-19092] Boeing; comments due by Administration formats for grants to states; 8-29-03; published 6-30- Radio stations; table of Human drugs: comments due by 8-29-03; assignments: 03 [FR 03-15855] Skin protectant products published 6-30-03 [FR 03- TRANSPORTATION Arizona; comments due by (OTC)— 16481] 8-25-03; published 7-18- DEPARTMENT Astringent products; final NUCLEAR REGULATORY 03 [FR 03-18248] Federal Aviation monograph; comments COMMISSION Administration Texas and New York; due by 8-27-03; Production and utilization comments due by 8-25- published 6-13-03 [FR facilities; domestic licensing: Airworthiness directives: 03; published 7-18-03 [FR 03-14819] Risk-informed categorization Boeing and McDonnell 03-18231] Topical antimicrobial and treatment of Douglas; comments due FEDERAL DEPOSIT products (OTC)— structures, systems, and by 8-25-03; published 7-9- INSURANCE CORPORATION Health-care antiseptic components for nuclear 03 [FR 03-17317] Practice and procedure: products; monograph power reactors; comments Fokker; comments due by Living trust accounts; amendment; comments due by 8-30-03; published 8-28-03; published 7-29- insurance regulations; due by 8-27-03; 7-30-03 [FR 03-19320] 03 [FR 03-19195] comments due by 8-29- published 5-29-03 [FR PERSONNEL MANAGEMENT TRANSPORTATION 03; published 6-30-03 [FR 03-13317] OFFICE DEPARTMENT 03-16400] HOMELAND SECURITY Basic concepts and definitions Federal Aviation HEALTH AND HUMAN DEPARTMENT (general); regulatory review; Administration SERVICES DEPARTMENT Coast Guard plain language; comments Airworthiness directives: due by 8-29-03; published Children and Families Drawbridge operations: Goodrich Avionics Systems, 6-30-03 [FR 03-16410] Administration Illinois and Iowa; comments Inc.; comments due by 8- Child Support Enforcement due by 8-28-03; published POSTAL SERVICE 29-03; published 6-30-03 Program: 7-29-03 [FR 03-19257] Domestic Mail Manual: [FR 03-15854]

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TRANSPORTATION New transactions Superintendent of Documents, DEPARTMENT authorization; comments U.S. Government Printing Federal Aviation due by 8-26-03; published Office, Washington, DC 20402 Administration 6-27-03 [FR 03-16216] (phone, 202–512–1808). The Airworthiness directives: TREASURY DEPARTMENT text will also be made International Aero Engines; Alcohol and Tobacco Tax available on the Internet from comments due by 8-25- and Trade Bureau GPO Access at http:// www.access.gpo.gov/nara/ 03; published 6-25-03 [FR Alcohol; viticultural area nara005.html. Some laws may 03-15994] designations: not yet be available. Pratt & Whitney; comments Columbia Gorge, Hood due by 8-25-03; published River and Wasco H.R. 1018/P.L. 108–70 7-21-03 [FR 03-18244] Counties, OR and To designate the building TRANSPORTATION Skamania and Klickitat located at 1 Federal Plaza in DEPARTMENT Counties, WA; comments New York, New York, as the Federal Aviation due by 8-26-03; published ‘‘James L. Watson United Administration 6-27-03 [FR 03-16324] States Court of International Airworthiness directives: McMinnville, Yamhill County, Trade Building’’. (Aug. 14, Pratt & Whitney; comments OR; comments due by 8- 2003; 117 Stat. 886) due by 8-29-03; published 26-03; published 6-27-03 H.R. 1761/P.L. 108–71 6-30-03 [FR 03-15992] [FR 03-16325] To designate the facility of the Rolls-Royce Corp.; VETERANS AFFAIRS United States Postal Service comments due by 8-29- DEPARTMENT located at 9350 East 03; published 6-30-03 [FR Vocational rehabilitation and Corporate Hill Drive in 03-15993] education: Wichita, Kansas, as the TRANSPORTATION Veterans education— ‘‘Garner E. Shriver Post Office DEPARTMENT Certification of enrollment; Building’’. (Aug. 14, 2003; 117 Federal Aviation comments due by 8-29- Stat. 887) Administration 03; published 6-30-03 Last List August 15, 2003 Class E airspace; comments [FR 03-16265] due by 8-28-03; published 7-29-03 [FR 03-19158] Public Laws Electronic TRANSPORTATION LIST OF PUBLIC LAWS Notification Service DEPARTMENT (PENS) Federal Railroad This is a continuing list of Administration public bills from the current Alcohol and drug use control: session of Congress which PENS is a free electronic mail Random testing and other have become Federal laws. It notification service of newly requirements application may be used in conjunction enacted public laws. To to employees of foreign with ‘‘PLUS’’ (Public Laws subscribe, go to http:// railroad based outside Update Service) on 202–741– listserv.gsa.gov/archives/ U.S. and perform train or 6043. This list is also publaws-l.html available online at http:// dispatching service in Note: This service is strictly www.nara.gov/fedreg/ U.S.; comments due by 8- for E-mail notification of new plawcurr.html. 27-03; published 7-28-03 laws. The text of laws is not [FR 03-19042] The text of laws is not available through this service. TREASURY DEPARTMENT published in the Federal PENS cannot respond to Foreign Assets Control Register but may be ordered specific inquiries sent to this Office in ‘‘slip law’’ (individual address. Iraqi sanctions regulations: pamphlet) form from the

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