4–4–01 Wednesday Vol. 66 No. 65 April 4, 2001 Pages 17775–18034
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1 II Federal Register / Vol. 66, No. 65 / Wednesday, April 4, 2001
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2 III
Contents Federal Register Vol. 66, No. 65
Wednesday, April 4, 2001
Agriculture Department Comptroller of the Currency See Forest Service PROPOSED RULES See Grain Inspection, Packers and Stockyards National banks and District of Columbia banks; fees Administration assessment, 17821–17825 See Rural Utilities Service Defense Department Air Force Department See Air Force Department NOTICES NOTICES Meetings: Agency information collection activities: Scientific Advisory Board, 17869–17870 Proposed collection; comment request, 17868 Federal Acquisition Regulation (FAR): Alcohol, Tobacco and Firearms Bureau Agency information collection activities— RULES Submission for OMB review; comment request, 17868– Organization, functions, and authority delegations: 17869 Appropriate ATF officers Correction, 17809 Drug Enforcement Administration NOTICES Centers for Disease Control and Prevention Applications, hearings, determinations, etc.: Irix Pharmaceuticals, Inc., 17930 NOTICES Noramco Inc., 17930 Grant and cooperative agreement awards: Normaco of Delaware, Inc., 17930–17931 Association of State and Territorial Health Officials, 17899–17900 Employment and Training Administration National Association of County and City Health Officials, NOTICES 17900–17901 Grants and cooperative agreements; availability, etc.: Grants and cooperative agreement awards: Youth Development Practitioner Apprenticeship National Association of Local Boards of Health, 17901– Initiative, 17931–17960 17902 Grants and cooperative agreements; availability, etc.: Energy Department Nation’s public health capacity improvement, 17902– See Federal Energy Regulatory Commission 17906 Environmental Protection Agency Children and Families Administration RULES NOTICES Air quality implementation plans; approval and Agency information collection activities: promulgation; various States: Proposed collection; comment request, 17906 Missouri, 17811–17813 Grant and cooperative agreement awards: PROPOSED RULES National Fatherhood Initiative, 17906–17907 Air quality implementation plans; approval and promulgation; various States: Coast Guard Missouri, 17842 RULES Water pollution; effluent guidelines for point source Drawbridge operations: categories: Massachusetts, 17810 Iron and steel manufacturing facilities, 17842–17843 New York, 17810–17811 NOTICES Virginia and Maryland, 17811 Pesticide, food, and feed additive petitions: PROPOSED RULES Interregional Research Project (No. 4), 17883–17894 Ports and waterways safety: Pesticide registration, cancellation, etc.: Captain of the Port Detroit Zone, MI; safety zone, 17829– E.I. du Pont de Nemours & Co. et al., 17881–17882 17832 Makhteshim Agan of North America Inc. et al., 17882– Muskegon Lake, MI; safety zone, 17832–17834 17883 NOTICES Superfund; response and remedial actions, proposed Meetings: settlements, etc.: Chemical Transportation Advisory Committee, 17990 Village Custom Radiator Site, FL, 17894
Commerce Department Federal Aviation Administration See International Trade Administration RULES See National Oceanic and Atmospheric Administration Airworthiness directives: Hartzell Propeller Inc., 17806–17809 Committee for the Implementation of Textile Agreements Airworthiness standards: NOTICES Special conditions— Cotton, wool, and man-made textiles: McDonnell Douglas Model DC-8-71/-73/-73F series United Arab Emirates, 17867–17868 airplanes, 17804–17806
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PROPOSED RULES Federal Reserve System Class E airspace, 17825–17828 RULES NOTICES Electronic fund transfers (Regulation E): Agency information collection activities: Disclosure requirements; delivery by electronic Submission for OMB review; comment request, 17990– communication, 17786–17795 17991 Equal credit opportunity (Regulation B): Committees; establishment, renewal, termination, etc.: Disclosure requirements; delivery by electronic Aircraft Repair and Maintenance Advisory Committee, communication, 17779–17786 17991 Truth in savings (Regulation DD): Environmental statements; availability, etc.: Disclosure requirements; delivery by electronic Cal Black Memorial Airport, UT, 17991–17992 communication, 17795–17804 Exemption petitions; summary and disposition, 17992 NOTICES Meetings: Meetings; Sunshine Act, 17895 Commercial Space Transportation Advisory Committee, 17992 Federal Retirement Thrift Investment Board RTCA, Inc., 17993 NOTICES Passenger facility charges; applications, etc.: Meetings; Sunshine Act, 17895 Key West International Airport, FL, 17993–17994 Federal Trade Commission Federal Communications Commission NOTICES RULES Premerger notification waiting periods; early terminations, Radio stations; table of assignments: 17895–17897 Colorado, 17815 Prohibited trade practices: Illinois, 17814–17815 Med Gen, Inc., et al., 17897–17898 New York, 17814 Tru-Vantage International, L.L.C., 17898–17899 Wisconsin, 17814 PROPOSED RULES Fish and Wildlife Service Radio stations; table of assignments: RULES Arizona and Louisiana, 17843–17844 Endangered and threatened species: New Mexico, 17843–17845 Critical habitat designations— Arkansas River shiner, 18001–18034 Federal Energy Regulatory Commission NOTICES Food and Drug Administration Agency information collection activities: NOTICES Proposed collection; comment request, 17870–17871 Agency information collection activities: Electric rate and corporate regulation filings: Reporting and recordkeeping requirements, 17907 Consumers Energy Co. et al., 17873–17875 Grants and cooperative agreements; availability, etc.: Detroit Edison Co. et al., 17875–17877 Marketed drugs; adverse effects studies, 17907–17911 Environmental statements; availability, etc.: Meetings: Commonwealth Power Co., 17877–17878 Women’s Health Dialogue, 17912 Hydroelectric applications, 17878–17881 Reports and guidance documents; availability, etc.: Applications, hearings, determinations, etc.: Postmarketing studies status reports; Food and Drug ANR Pipeline Co., 17871 Administration Act of 1997, Section 130 Idaho Power Co., 17871 implementation, 17912–17914 Interstate Power Co., 17871 Veterinary Medicine Center; handling of deficient Natural Gas Pipeline Co. of America, 17872 submissions filed during new animal drug Texas Gas Transmission Corp., 17872 investigation, 17914 Transwestern Pipeline Co., 17872–17873 Viking Gas Transmission Co., 17873 Forest Service NOTICES Federal Highway Administration Meetings: Eastern Washington Cascades Provincial Advisory NOTICES Committee et al., 17857 Environmental statements; notice of intent: East Baton Rouge Parish, LA; withdrawn, 17994 General Services Administration NOTICES Federal Maritime Commission Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities— Agreements filed, etc., 17894 Submission for OMB review; comment request, 17868– Ocean transportation intermediary licenses: 17869 Geomarine Shipping Inc. et al., 17894–17895 Grain Inspection, Packers and Stockyards Administration Federal Motor Carrier Safety Administration RULES NOTICES Grain inspection: Motor carrier safety standards: Commodities and rice; fees increase, 17775–17779 Driver qualifications— PROPOSED RULES Arnold, Joe F., et al.; vision requirement exemptions, Fees: 17994–17996 Official inspection and weighing services, 17817–17821
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Health and Human Services Department Committees; establishment, renewal, termination, etc.: See Centers for Disease Control and Prevention Steens Mountain Advisory Council, 17925–17926 See Children and Families Administration Environmental statements; availability, etc.: See Food and Drug Administration California Desert Conservation Area, Northern and See Health Care Financing Administration Eastern Mojave plan amendments, CA, 17926 See Health Resources and Services Administration See Indian Health Service Maritime Administration See Substance Abuse and Mental Health Services NOTICES Administration Coastwise trade laws; administrative waivers: NOTICES ACHIEVER, 17996–17997 Agency information collection activities: APOLONIA, 17997 Submission for OMB review; comment request, 17899 CHARDONNAY, 17997–17998 MARACUDJA, 17998–17999 Health Care Financing Administration TEUGEGA, 17999 RULES Medicare and Medicaid: Medicare Payment Advisory Commission Physicians’ referrals to health care entities with which NOTICES they have financial relationships, 17813–17814 Meetings, 17961
Health Resources and Services Administration National Aeronautics and Space Administration NOTICES NOTICES Meetings: Federal Acquisition Regulation (FAR): Nurse Education and Practice National Advisory Council, Agency information collection activities— 17914–17915 Submission for OMB review; comment request, 17868– 17869 Indian Health Service Meetings: NOTICES Centennial of Flight Commission, 17961 Grants and cooperative agreements; availability, etc.: Indian Health Scholarship Program; recipients list, National Oceanic and Atmospheric Administration 17915–17923 RULES Fishery conservation and management: Interior Department Alaska; fisheries of Exclusive Economic Zone— See Fish and Wildlife Service Pollock, 17815–17816 See Land Management Bureau PROPOSED RULES NOTICES Endangered and threatened species: Meetings: Klamath Mountains Province steelhead evolutionary Blackstone River Valley National Heritage Corridor significant unit, 17845–17856 Commission, 17924 NOTICES Meetings: International Trade Administration Western Pacific Fishery Management Council, 17867 NOTICES Agency information collection activities: National Science Foundation Proposed collection; comment request, 17866–17867 NOTICES Meetings: International Trade Commission Neuroscience Advisory Panel, 17961 NOTICES Import investigations: Nuclear Regulatory Commission Greenhouse tomatoes from— NOTICES Canada, 17926–17927 Agency information collection activities: Stainless steel bar from— Submission for OMB review; comment request, 17961– Various countries, 17927–17928 17962 Justice Department Meetings: See Drug Enforcement Administration Reactor Safeguards Advisory Committee, 17962 RULES Operating licenses, amendments; no significant hazards Privacy Act; implementation, 17809–17810 considerations; biweekly notices, 17962–17977 PROPOSED RULES Privacy Act; implementation, 17828–17829 Public Health Service NOTICES See Centers for Disease Control and Prevention Privacy Act: See Food and Drug Administration Systems of records, 17928–17930 See Health Resources and Services Administration See Indian Health Service Labor Department See Substance Abuse and Mental Health Services See Employment and Training Administration Administration
Land Management Bureau Rural Utilities Service NOTICES NOTICES Closure of public lands: Grants and cooperative agreements; availability, etc.: Idaho, 17925 Weather Radio Transmitter Program, 17857–17866
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Securities and Exchange Commission Transportation Department NOTICES See Coast Guard Joint industry plan: See Federal Aviation Administration American Stock Exchange LLC et al., 17977–17978 See Federal Highway Administration Self-regulatory organizations; proposed rule changes: See Federal Motor Carrier Safety Administration Emerging Markets Clearing Corp., 17978–17979 See Maritime Administration National Securities Clearing Corp., 17979–17983 Stock Clearing Corp. of Philadelphia, 17983–17984 Treasury Department Small Business Administration See Alcohol, Tobacco and Firearms Bureau NOTICES See Comptroller of the Currency Disaster loan areas: Florida, 17984 Veterans Affairs Department Illinois, 17984 PROPOSED RULES South Carolina, 17984 Adjudication; pensions, compensation, dependency, etc.: Small business investment companies: Application for benefits; duty to assist, 17834–17840 Computation of alternative maximum annual cost of Board of Veterans Appeals: money; debenture rates, 17984–17985 Appeals regulations and rules of practice— Jurisdiction clarification and proceedings notification Social Security Administration procedures, 17840–17842 NOTICES Privacy Act: Systems of records, 17985–17990 Separate Parts In This Issue Substance Abuse and Mental Health Services Administration Part II NOTICES Department of the Interior, Fish and Wildlife Service, Grants and cooperative agreements; availability, etc.: 18001–18034 Homeless families; women with psychiatric, substance abuse, or co-occurring disorders and their dependent children, 17923–17924 Reader Aids Textile Agreements Implementation Committee Consult the Reader Aids section at the end of this issue for See Committee for the Implementation of Textile phone numbers, online resources, finding aids, reminders, Agreements and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 868...... 17775 Proposed Rules: 800...... 17817 12 CFR 202...... 17779 205...... 17786 230...... 17795 Proposed Rules: 8...... 17821 14 CFR 25...... 17804 39...... 17806 Proposed Rules: 71 (3 documents) ...... 17825, 17826, 17827 27 CFR 25...... 17809 28 CFR 16...... 17809 Proposed Rules: 16...... 17828 33 CFR 117 (3 documents) ...... 17810, 17811 Proposed Rules: 165 (2 documents) ...... 17829, 17832 38 CFR Proposed Rules: 3...... 17834 19...... 17840 20...... 17840 40 CFR 52...... 17811 Proposed Rules: 52...... 17842 420...... 17842 42 CFR 411...... 17813 424...... 17813 47 CFR 73 (4 documents) ...... 17814, 17815 Proposed Rules: 73 (3 documents) ...... 17843, 17844 50 CFR 17...... 18002 679...... 17815 Proposed Rules: 223...... 17845
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Rules and Regulations Federal Register Vol. 66, No. 65
Wednesday, April 4, 2001
This section of the FEDERAL REGISTER it has been determined that this rule implemented, we received $579,274 in contains regulatory documents having general will not have a significant economic revenue and $745,125 in costs that applicability and legal effect, most of which impact on a substantial number of small resulted in a $165,851 negative margin. are keyed to and codified in the Code of entities as defined in the Regulatory The salary adjustment will increase Federal Regulations, which is published under Flexibility Act (5 U.S.C. 601 et seq.). GIPSA’s costs in the commodity 50 titles pursuant to 44 U.S.C. 1510. GIPSA regularly reviews its user-fee inspection program by approximately The Code of Federal Regulations is sold by programs to determine if the fees are $95,000. The current positive margin the Superintendent of Documents. Prices of adequate and continues to seek cost and reserve balance will not continue new books are listed in the first FEDERAL saving opportunities and implement due to the loss of processed commodity REGISTER issue of each week. appropriate changes to reduce costs. inspection and the remaining programs Such actions can provide alternatives to in the commodity inspection program fee increases. Employee salaries and cannot absorb the 3.7 percent salary DEPARTMENT OF AGRICULTURE benefits are major program costs that increase even with the planned cost- account for approximately 84 percent of cutting measures. Grain Inspection, Packers and GIPSA’s total operating budget. A The fee increase for our graded Stockyards Administration January 2001 general and locality salary commodities program applies primarily increase that averages 3.7 percent for all to GIPSA customers that produce, 7 CFR Part 868 GIPSA employees will increase program process, and market graded [Docket No. FGIS–2000–002b] costs in both the commodity and the commodities for the domestic and RIN: 0580–AA74 rice inspection programs. international markets. There are approximately 156 such customers 1. Commodity Inspection Program Fees for Commodity and Rice located primarily in the States of North Inspection Services The commodity inspection program Dakota, South Dakota, Oregon, Kansas, consists of two different programs, i.e., Colorado, Montana, Texas, Michigan, AGENCY: Grain Inspection, Packers and graded commodities and processed Nebraska, Minnesota, Washington, Stockyards Administration, USDA. commodities. Current fees for these Idaho, and California. Many of these ACTION: Final rule. programs are in Tables 1 and 2 of 7 CFR customers meet the criteria for small 868.90. These programs serve two entities established by the Small SUMMARY: The Grain Inspection, Packers different markets: The graded Business Administration criteria for and Stockyards Administration (GIPSA) commodity market is made up of small businesses. Even though the fees is implementing an approximate 3.7 producers and processors of edible are being increased, the increase will percent increase in fees for all hourly beans, peas, and lentils. The processed not be excessive (3.7 percent) and rates and certain unit rates for commodity market consists of should not significantly affect those inspection services performed under the processors and shippers of products entities. Those entities are under no Agricultural Marketing Act (AMA) of such as wheat flour, soybean meal, obligation to use our service and, 1946 in the commodity and rice vegetable oil, and corn meal. USDA’s therefore, any decision on their part to inspection programs. These increases Farm Service Agency (FSA) discontinue the use of our service are needed to cover increased implemented program changes during should not prevent them from marketing operational costs resulting from the FY 2000 that eliminated requirements their products. mandated January 2001 Federal pay for end-item and vessel loading 2. Rice Inspection Program increase. This final rule reflects a observation inspections for processed change made to the Rice program’s commodities. Program changes, The existing fee schedule for GIPSA’s contract hourly rate from the rate that including personnel adjustments, have rice inspection program will not appeared in the proposed rule. been implemented to begin offsetting generate sufficient revenues to cover EFFECTIVE DATE: May 4, 2001. operating costs due to the loss of the program costs while maintaining an FOR FURTHER INFORMATION CONTACT: FSA program inspections. Additional adequate reserve balance. Fees for this David Orr, Director, Field Management cost-cutting measures will continue in program are in Tables 1 and 2 of 7 CFR Division, at his E-mail address: FY 2001. Even with these cost-saving 868.91. In FY 1999, GIPSA’s operating [email protected], or telephone measures, the commodity inspection costs in its rice inspection program were him at (202) 720–0228. program will continue to lose funds. In $4,105,564 with revenue of $4,412,131 SUPPLEMENTARY INFORMATION: FY 1999, operating costs in the that resulted in a positive margin of commodity inspection program were $306,567 and a negative reserve balance A. Executive Order 12866, the $5,951,852 with revenue of $7,190,879 of $395,793. In FY 2000, operating costs Regulatory Flexibility Act, and the that resulted in a positive margin of in the rice program were $4,034,964 Paperwork Reduction Act $1,239,027 and a positive reserve with revenue of $4,837,116 that resulted This rule has been determined to be balance of $1,764,140. In FY 2000, in a positive margin of $802,152 and a nonsignificant for the purpose of operating costs were $5,206,585 with positive reserve of $406,359. The Executive Order 12866 and, therefore, revenue of $5,402,686 that resulted in a current positive reserve balance is well has not been reviewed by the Office of positive margin of $196,101 and a below the desired 3-month reserve of Management and Budget. positive reserve of $2,062,849. However, approximately $1 million. Also, pursuant to the requirements set in the last two months of FY 2000, since We have reviewed the financial forth in the Regulatory Flexibility Act, all FSA program changes were position of our rice inspection program
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based on the increased salary and fees for commodity and rice inspection processors and shippers of products benefit costs, along with the projected services performed under the such as wheat flour, soybean meal, FY 2001 workload. Even though the Agricultural Marketing Act of 1946. vegetable oil, and corn meal. USDA’s financial status of the rice inspection Under the provisions of the AMA (7 Farm Service Agency (FSA) program has improved, we have U.S.C. 1621, et seq.), commodity and implemented program changes during concluded that we cannot absorb the rice inspection services are provided FY 2000 that has resulted in a 96 increased costs caused by the 3.7 upon request and GIPSA must collect a percent reduction in processed percent salary increase with the small fee from the customer to cover the cost commodity inspections. The processed positive reserve balance. This fee of providing such services. Section 203 commodity inspection program increase will collect an estimated (h) of the AMA (7 U.S.C. 1622 (h)) represents approximately 86 percent of $155,500 in additional revenues in the provides for the establishment and all revenue and 62 percent of the cost. rice program based on the projected FY collection of fees that are reasonable Initial program changes, including 2001 work volume of 3.9 million metric and, as nearly as practicable, cover the personnel adjustments, have been tons. costs of the services rendered. These implemented to begin offsetting the lost This fee increase applies primarily to fees cover the GIPSA administrative and revenue and reduce operating costs. GIPSA customers that produce, process, supervisory costs for the performance of Additional cost-cutting measures will and market rice for the domestic and official services, including personnel continue in FY 2001. Even with these international markets. There are compensation and benefits, travel, rent, cost-saving measures, the commodity approximately 550 such customers communications, utilities, contractual inspection program will continue to lose located primarily in the States of services, supplies, and equipment. Arkansas, Louisiana, and Texas. Many The commodity inspection fees were funds. In FY 1999, operating costs in the of these customers meet the criteria for last amended on December 18, 1996, commodity inspection program were small entities established by the Small and became effective February 18, 1997 $5,951,852 with revenue of $7,190,879 Business Administration criteria for (61 FR 66533). The rice inspection fees that resulted in a positive margin of small businesses. Even though the fees were last amended on March 30, 2000, $1,239,027 and a positive reserve are being increased, the increase will and became effective May 1, 2000 (65 balance of $1,764,140. In FY 2000, not be excessive (3.7 percent) and FR 16787). These fees were to cover, as operating costs were $5,206,585 with should not significantly affect those nearly as practicable, the level of revenue of $5,402,686 that resulted in a entities. Those entities are under no operating costs as projected for FY 1997 positive margin of $196,101 and a obligation to use our service and, and FY 2000, respectively. GIPSA positive reserve of $2,062,849. However, therefore, any decision on their part to continually monitors its cost, revenue, $579,274 in revenue and $745,125 in discontinue the use of our service and operating reserve levels to ensure costs, for the last two months of FY should not prevent them from marketing that there are sufficient resources for 2000, since all FSA program changes their products. operations. During FY 1998, GIPSA have been implemented, has resulted in There will be no additional reporting implemented cost-saving measures in a $165,851 negative margin. The salary or record keeping requirements imposed the rice program in an effort to provide adjustment will increase GIPSA’s costs by this action. In compliance with the more cost-effective services. The in the commodity inspection program Paperwork Reduction Act of 1995 (44 purpose of these measures was to by approximately $95,000. The current U.S.C. 35), the information collection reduce operating costs in order to positive margin and reserve balance will and record keeping requirements in Part reduce the negative retained earnings in not continue due to the loss of 868 have been previously approved by this program. The cost containment processed commodity inspection and the Office of Management and Budget measures included employee buyouts the remaining programs in the under control number 0580–0013. and better cross utilization of personnel commodity inspection program cannot GIPSA has not identified any other between programs. absorb the 3.7 percent salary increase Federal rules which may duplicate, GIPSA regularly reviews its user-fee- even with the planned cost-cutting overlap, or conflict with this rule. financed programs to determine if the measures. fees are adequate and continues to seek B. Executive Order 12988 out cost-saving opportunities and The costs associated with salaries and This final rule has been reviewed implement appropriate changes to benefits are recovered by the hourly under Executive Order 12988, Civil reduce costs. Such actions can provide rates for personnel performing direct Justice Reform. This action is not alternatives to fee increases. service. Other associated costs, intended to have a retroactive effect. including non-salary related overhead, 1. Commodity Inspection Program This action will not preempt any State are collected through other fees or local laws, regulations, or policies The commodity inspection program contained in the fee schedule and are at unless they present irreconcilable consists of two different programs, levels that do not require any change. conflict with this rule. There are no graded and processed commodities. GIPSA is increasing fees by 3.7 percent administrative procedures that must be Fees for these programs can be found in to the hourly rates and certain unit rates exhausted prior to any judicial 7 CFR 868.90 (a), Tables 1 and 2. These in 7 CFR 868.90, (a) Table 1—Hourly challenge to the provisions of this rule. programs serve two different markets Rates (Fees for Inspection of with different applicants. The graded Commodities Other Than Rice). C. Background commodity market is made up of Currently, the regular workday hourly In the November 3, 2000, Federal producers and processors of edible rate is $33.00, while Saturday, Sunday, Register (65 FR 66189) GIPSA proposed beans, peas, and lentils. The processed and Holidays are $42.50. The other an approximate 3.7 percent increase in commodity market consists of current unit rates are:
Miscellaneous Processed Commodities: (1) Additional Tests (cost per test, assessed in addition to the hourly rate): (i) Aflatoxin Test (Thin Layer Chromatography) ...... $51.40 (ii) Falling Number ...... 12.00 (iii) Aflatoxin Test Kit ...... 7.50
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Graded Commodities (Beans, Peas, Lentils, Hops, and Pulses): (1) Additional Tests—Unit Rates (Beans, Peas, Lentils): (i) Field run (per lot or sample) ...... 22.70 (ii) Other than field run (per lot or sample) ...... 13.50 (iii) Factor analysis (per factor) ...... 5.50 (2) Additional Tests—Unit Rates (Hops): (i) Lot or sample (per lot or sample) ...... 29.00 (3) Additional Tests—Unit Rates (Nongraded Nonprocessed Commodities): (i) Factor analysis (per factor) ...... 5.50 (4) Stowage Examination (service—on-request): (i) Ship (per stowage space) (minimum $250 per ship) ...... 50.00 (ii) Subsequent ship examination (same as original) (minimum $150 per ship) (iii) Barge (per examination) ...... 40.00 (iv) All other carriers (per examination) ...... 15.00
2. Rice Inspection Program in a positive margin of $802,152 and a increase will collect an estimated positive reserve of $406,359. The $155,500 in additional revenues in the The existing fee schedule for GIPSA’s current positive reserve balance is well rice program based on the projected FY rice inspection program will not below the desired 3-month reserve of 2001 work volume of 3.9 million metric generate sufficient revenues to cover approximately $1 million. tons. program costs while maintaining an We have reviewed the financial In 7 CFR 868.91, Table 1—Hourly adequate reserve balance. Fees for this position of our rice inspection program Rates/Unit Rate Per CWT and Table 2— program are in 7 CFR 868.91, Tables 1 based on the increased salary and Unit Rates, currently the regular and 2. In FY 1999, GIPSA’s operating benefit costs, along with the projected workday contract and noncontract fees costs in the rice program were FY 2001 workload. Even though the are $42.80 and $52.40, respectively, $4,105,564 with revenue of $4,412,131 financial status of our rice inspection while the nonregular workday contract that resulted in a positive margin of program has improved, we have and noncontract fees are $59.60 and $306,567 and a negative reserve balance concluded that with the small positive $72.40, respectively. The unit rate per of $395,793. In FY 2000, operating costs reserve balance we cannot absorb the hundredweight for export port services in the rice program were $4,034,964 increased costs caused by the 3.7 is currently $0.052 per hundredweight. with revenue of $4,837,116 that resulted percent salary increase. This fee The rice current unit rates are:
Brown rice for Service Rough rice processing Milled rice
Inspection for quality (per lot, sublot, or sample inspection) ...... $34.50 $29.80 $21.20 Factor analysis for any single factor (per factor): (a) Milling yield (per sample) ...... 26.75 26.75 ...... (b) All other factors (per factor) ...... 12.70 12.70 12.70 Total oil and free fatty acid ...... 42.00 42.00 Interpretive line samples: (a) Milling degree (per set) ...... 89.20 (b) Parboiled light (per sample) ...... 22.35 Extra copies of certificates (per copy) ...... 3.00 3.00 3.00
D. Comment Review the proposed fee increases and List of Subjects in 7 CFR Part 868 concluded that the Rice program’s GIPSA received one comment in Administrative practice and contract hourly fee was too high by response to the proposed rulemaking procedure, Agricultural commodities. $0.20. Accordingly, GIPSA has reduced published November 3, 2000, at 65 FR For reasons set out in the preamble, 66189. The commenter stated that the the Rice program’s contract hourly rate 7 CFR Part 868 is amended as follows: fees for providing regular commodity to $44.60. and rice inspection services were being E. Final Action PART 868—GENERAL REGULATIONS increased by 4.47 percent and 4.67 AND STANDARDS FOR CERTAIN percent, respectively, while other rates Section 203 of the AMA (7 U.S.C. AGRICULTURAL COMMODITIES were being increased at close to the 1622) provides for the establishment 1. The authority citation for part 868 projected 3.75 percent needed to cover and collection of fees that are reasonable continues to read as follows: the mandated salary increase. The and, as nearly as practicable, cover the commenter raised a concern because of costs of the service rendered. These fees Authority: Secs. 202–208, 60 Stat. 1087 as this apparent disparity in rate increases cover the GIPSA costs, including amended (7 U.S.C. 1621, et seq.) and recommended prior to administrative and supervisory costs, 2. In § 868.90, paragraph (a) is revised implementing any fee adjustment, the for the performance of official services, to read as follows: Agency should offer a coherent business including personnel compensation, rationale for the rate adjustment personnel benefits, travel, rent, § 868.90 Fees for certain Federal disparity. communication, utilities, contractual inspection services. The comment was received after the services, supplies, and equipment. (a) The fees shown in Table 1 apply closing date for comments to be to Federal Commodity Inspection received. Nonetheless, GIPSA reviewed Services specified below.
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TABLE 1.—HOURLY RATES 1, 3 [Fees for inspection of commodities other than rice]
Hourly Rates (per service representative): Monday to Friday ...... $34.20 Saturday, Sunday, and Holidays ...... 44.40 Miscellaneous Processed Commodities: 2 (1) Additional Tests (cost per test, assessed in addition to the hourly rate): (i) Aflatoxin Test (Thin Layer Chromatography) ...... 51.40 (ii) Falling Number ...... 12.50 (iii) Aflatoxin Test Kit ...... 7.50 Graded Commodities (Beans, Peas, Lentils, Hops, and Pulses): (1) Additional Tests—Unit Rates (Beans, Peas, Lentils): (i) Field run (per lot or sample) ...... 23.00 (ii) Other than field run (per lot or sample) ...... 13.75 (iii) Factor analysis (per factor) ...... 5.65 (2) Additional Tests—Unit Rates (Hops): (i) Lot or sample (per lot or sample) ...... 29.30 (3) Additional Tests—Unit Rates (Nongraded Nonprocessed Commodities): (i) Factor analysis (per factor) ...... 5.65 (4) Stowage Examination (service-on-request) 4 (i) Ship (per stowage space) (minimum $252.50 per ship) 50.50 (ii) Subsequent ship examinations (same as original) (minimum $151.50 per ship) (iii) Barge (per examination) ...... 40.50 (iv) All other carriers (per examination) ...... 15.50 1 Fees for original commodity inspection and appeal inspection services include, but are not limited to, sampling, grading, weighing, stowage examinations, pre-inspection conferences, sanitation inspections, and other services requested by the applicant and that are performed within 25 miles of the field office. Travel and related expenses (commercial transportation costs, mileage, and per diem) will be assessed in addition to the hourly rate for service beyond the 25-mile limit. Refer to § 868.92. Explanation of service fees and additional fees, for all other service fees ex- cept travel and per diem. 2 When performed at a location other than the Commodity Testing Laboratory. 3 Faxed and extra copies of certificates will be charged at $1.50 per copy. 4 If performed outside of normal business hours, 11⁄2 times the applicable unit fee will be charged.
3. Section 868.91 is revised to read as follows: * * * * *
§ 868.91 Fees for certain Federal rice inspection services. The fees shown in Tables 1 and 2 apply to Federal rice inspection services.
TABLE 1.—HOURLY RATES/UNIT RATE PER CWT [Fees for federal rice inspection services]
1 Regular Workday Nonregular workday Service (Monday–Saturday) (Sunday–holiday)
Contract (per hour per Service representative) ...... $44.60 $61.80 Noncontract (per hour per Service representative) ...... 54.30 75.00 Export Port Services (per hundredweight) 2 ...... 054 .054
1 Original and appeal inspection services include: Sampling, grading, weighing, and other services requested by the applicant when performed at the applicant’s facility. 2 Services performed at export port locations on lots at rest.
TABLE 2.—UNIT RATES
1, 3 Brown rice for Service Rough rice processing Milled rice
Inspection for quality (per lot, sublot, or sample inspection) ...... $34.80 $30.00 $21.50 Factor analysis for any single factor (per factor): (a) Milling yield (per sample) ...... 27.00 27.00 ...... (b) All other factors (per factor) ...... 12.90 12.90 12.90 Total oil and free fatty acid ...... 42.60 42.60 Interpretive line samples:2 (a) Milling degree (per set) ...... 91.00 (b) Parboiled light (per sample) ...... 22.60 Extra copies of certificates (per copy) ...... 3.00 3.00 3.00
1 Fees apply to determinations (original or appeals) for kind, class, grade, factor analysis, equal to type, milling yield, or any other quality des- ignation as defined in the U.S. Standards for Rice or applicable instructions, whether performed singly or in combination at other than at the ap- plicant’s facility.
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2 Interpretive line samples may be purchased from the U.S. Department of Agriculture, GIPSA, FGIS, Technical Services Division, 10383 N. Ambassador Drive, Kansas City, Missouri 64153–1394. Interpretive line samples also are available for examination at selected FGIS field offices. A list of field offices may be obtained from the Director, Field Management Division, USDA, GIPSA, FGIS, 1400 Independence Avenue, SW, STOP 3630, Washington, D.C. 20250–3630. The interpretive line samples illustrate the lower limit for milling degrees only and the color limit for the factor ‘‘Parboiled Light’’ rice. 3 Fees for other services not referenced in table 2 will be based on the noncontract hourly rate listed in § 868.90, table 1.
Dated: March 28, 2001. p.m. weekdays, and to the security disclosures under Regulation E (63 FR David R. Shipman, control room at all other times. The mail 14528) and similar proposals under Acting Administrator, Grain Inspection, room and the security control room, Regulation B (63 FR 14552) and other Packers and Stockyards Administration. both in the Board’s Eccles Building, are financial services regulations [FR Doc. 01–8146 Filed 4–3–01; 8:45 am] accessible from the courtyard entrance administered by the Board. The 1998 BILLING CODE 3410–EN–P on 20th Street between Constitution interim rule and proposed rules were Avenue and C Street, N.W. Comments similar to the 1996 proposed rule under may be inspected in room MP–500 in Regulation E. FEDERAL RESERVE SYSTEM the Board’s Martin Building between The 1998 proposals and interim rule 9:00 a.m. and 5:00 p.m., pursuant to the allowed depository institutions, 12 CFR Part 202 Board’s Rules Regarding the Availability creditors, lessors, and others to provide of Information, 12 CFR part 261. disclosures electronically if the [Regulation B; Docket No. R–1040] FOR FURTHER INFORMATION CONTACT: consumer agreed, with few other Equal Credit Opportunity Natalie E. Taylor or John C. Wood, requirements. For ease of reference, this Counsel, or Minh–Duc Le, Attorney, background section uses the terms AGENCY: Board of Governors of the Division of Consumer and Community ‘‘institutions’’ and ‘‘consumers.’’ Federal Reserve System. Affairs, at (202) 452–2412 or (202) 452– Industry commenters generally ACTION: Interim rule; request for 3667. supported the Board’s 1998 proposals comments. SUPPLEMENTARY INFORMATION: and interim rule, but many of them sought specific revisions and additional SUMMARY: The Board is adopting an I. Background guidance on how to comply with the interim final rule amending Regulation The Equal Credit Opportunity Act disclosure requirements in certain B, which implements the Equal Credit (ECOA), 15 U.S.C. 1691 et seq., makes transactions and circumstances. In Opportunity Act, to establish uniform it unlawful for creditors to discriminate particular, they expressed concern that standards for the electronic delivery of in any aspect of a credit transaction on the rule did not specify a uniform disclosures required by the act and the basis of sex, race, color, religion, method for establishing that an regulation. The rule provides guidance national origin, marital status, age ‘‘agreement’’ was reached for sending on the timing and delivery of electronic (provided the applicant has the capacity disclosures electronically. Consumer disclosures to ensure that applicants to contract), because all or part of an advocates, on the other hand, generally have adequate opportunity to access and applicant’s income derives from public opposed the 1998 proposals and the retain required information. (Similar assistance, or because an applicant has interim rule. They believed that rules are being adopted under other in good faith exercised any right under consumer protections in the proposals consumer financial services regulations the Consumer Credit Protection Act. were inadequate, especially in administered by the Board.) Under the The Board’s Regulation B (12 CFR part connection with transactions that are rule, creditors may deliver disclosures 202) implements the act. typically consummated in person (such electronically if they obtain applicants’ The ECOA and Regulation B require as automobile loans and leases, home- affirmative consent in accordance with that some disclosures be provided in secured loans, and door-to-door credit the Electronic Signatures in Global and writing, presuming that creditors sales). National Commerce Act. In addition, the provide paper documents. Under the September 1999 Proposals regulation is revised to allow creditors Electronic Signatures in Global and to provide disclosures in foreign National Commerce Act (E-Sign Act), In response to comments received on languages. The rule is being adopted as however, electronic documents and the 1998 proposals, the Board published an interim rule to allow for additional signatures have the same validity as revised regulatory proposals in public comment. paper documents and handwritten September 1999 under Regulations B, E, DATES: The interim rule is effective signatures. M, Z, and DD (64 FR 49688, 49699, March 30, 2001; however, to allow time 49713, 49722 and 49740, respectively, for any necessary operational changes, Board Proposals Regarding Electronic September 14, 1999) (collectively, the the mandatory compliance date is Disclosures ‘‘1999 proposals’’), and an interim rule October 1, 2001. Comments must be Over the past few years, the Board has under Regulation DD (64 FR 49846). The received by June 1, 2001. published several interim rules and interim rule under Regulation DD ADDRESSES: Comments, which should proposals regarding the electronic allowed depository institutions to refer to Docket No. R–1040, may be delivery of disclosures. In 1996, after a deliver disclosures on periodic mailed to Ms. Jennifer J. Johnson, comprehensive review of Regulation E statements electronically if the Secretary, Board of Governors of the (Electronic Fund Transfers), the Board consumer agrees. Federal Reserve System, 20th Street and proposed to amend the regulation to Generally, the 1999 proposals Constitution Avenue, N.W., permit financial institutions to provide required institutions to use a Washington, D.C. 20551 or mailed disclosures by sending them standardized form containing specific electronically to electronically (61 FR 19696, May 2, information about the electronic [email protected]. 1996). Based on comments received on delivery of disclosures so that Comments addressed to Ms. Johnson the 1996 proposal, on March 25, 1998, consumers could make informed may also be delivered to the Board’s the Board published an interim rule decisions about whether to receive mail room between 8:45 a.m. and 5:15 permitting the electronic delivery of disclosures electronically. If the
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consumer affirmatively consented, most affirmatively consents after receiving III. Request for Comment disclosures could be provided certain information specified in the The interim rules include most of the electronically. To address concerns statute. revisions that were part of the 1999 about potential abuses, the 1999 The Board and other government proposals and were not affected by the proposals generally would have agencies are permitted to interpret the E-Sign Act. The Board is adopting these required disclosures to be given in E-Sign Act’s consumer consent rules with some minor changes paper form when consumers transacted requirements within prescribed limits, discussed below. The rules are adopted business in person. The proposals but may not impose additional as interim rules, to allow commenters to contained rules for disclosures that are requirements for consumer consent. In present new information or views not made available to consumers at an previously considered in the context of institution’s Internet web site addition, agencies generally may not re- the 1998 and 1999 proposals. Since the (governing, for example, how long impose a requirement for using paper Board’s 1999 proposals were issued, disclosures must remain posted at a web disclosures in particular transactions, more institutions have gained site). such as those conducted in person. experience in offering financial services Comments on the September 1999 The consumer consent provisions in electronically. The Board believes that proposals—The Board received letters the E-Sign Act became effective October additional comments, beyond those representing 115 commenters 1, 2000, and did not require expressing views on the revised previously considered in connection implementing regulations. Thus, with the Board’s earlier proposals, proposals. Industry commenters financial institutions are currently generally supported the Board s might inform the Board whether any permitted to use electronic disclosures developments in technology or industry approach of establishing federal rules under Regulations B, E, M, Z and DD if for a uniform method of obtaining practices have occurred that warrant the consumer affirmatively consents in further changes in the rules. The consumers consent to the receipt of the manner required by section 101(c) of electronic disclosures instead of comment period ends on June 1, 2001. the E-Sign Act. Under section 101(c)(5) The Board expects to adopt final rules deferring to state law. Still, many sought of the E-Sign Act, consumers who specific additional guidance and in on a permanent basis prior to October 1, consented prior to the effective date of 2001. some cases wanted more flexibility. the act to receive electronic disclosures They were concerned about the length as permitted by any law or regulation, Interpreting E-Sign Provisions of time the proposals would have are not subject to the consent required electronic disclosures to Under section 104(b) of the E-Sign requirements. remain available to a consumer at an Act, the Board and other government agencies are permitted to interpret the institution’s Internet web site or upon II. The Interim Rule request. In addition, they believed the act, within prescribed limits. The Board proposed rule requiring paper The Board is adopting an interim final may issue rules that interpret how the disclosures for mortgage loans closed in rule to establish uniform standards for E-Sign Act’s consumer consent person was not sufficiently flexible. the electronic delivery of disclosures requirements apply for purposes of the Consumer advocates believed the 1999 required under Regulation B. Consistent laws administered by the Board. Also, proposals addressed many of their with the requirements of the E-Sign Act, the Board may, by regulation, exempt a concerns about the 1998 proposals. creditors generally must obtain particular category of disclosures from Nevertheless, they urged the Board to applicants’ affirmative consent to the E-Sign Act’s consumer consent incorporate greater protections for provide disclosures electronically. requirements if it will eliminate a consumers, such as restricting the substantial burden on electronic The interim rules also establish commerce without creating material risk delivery of electronic disclosures to uniform requirements for the timing and only those consumers who initiate for consumers. delivery of electronic disclosures. transactions electronically. The Board requests comment on The Board also obtained views Disclosures may be sent by e-mail to an whether the Board should exercise its through four focus groups with electronic address designated by the authority under the E-Sign Act in future individual consumers, conducted in the applicant, or they may be made rulemakings to interpret the consumer Washington–Baltimore metropolitan available at another location, such as an consent provisions or other provisions area. Participants reviewed and Internet web site. If the disclosures are of the act, as they affect the Board’s commented on the format and content not sent by e-mail, applicants must consumer protection regulations. of the proposed sample consent forms, receive a notice alerting them to the Comment is requested on whether the as well as on alternative revised forms. availability of the disclosures. statutory provisions relating to Disclosures posted on a web site must consumer consent are sufficient, or Federal Legislation Addressing be available for at least 90 days, to allow whether additional guidance is needed. Electronic Commerce applicants adequate time to access and For example, is interpretative guidance On June 30, 2000, the President retain the information. With regard to needed concerning the statutory signed the E-Sign Act, which was the timing of electronic disclosures, for requirement that applicants confirm enacted to encourage the continued disclosures that must be provided at their consent electronically in a manner expansion of electronic commerce. The application, applicants are required to that reasonably demonstrates they can E-Sign Act generally provides that access the disclosures before submitting access information in the form to be electronic documents and signatures the application. Under the interim rule, used by the creditor? Is clarification have the same validity as paper creditors must make a good faith needed on the effect of applicants documents and handwritten signatures. attempt to redeliver electronic withdrawing their consent, or on The act contains special rules for the disclosures that are returned requesting paper copies of electronic use of electronic disclosures in undelivered, using the address disclosures? Creditors must also inform consumer transactions. Consumer information available in their files. applicants of changes in hardware or disclosures may be provided in Similar rules are being adopted under software requirements if the change electronic form only if the consumer Regulations E, M, Z, and DD. creates a material risk that the applicant
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will not be able to access or retain the Section 202.4 General Rules the consumer’s affirmative consent to disclosure. The Board solicits comment receive electronic disclosures. The 4(b) Foreign Language Disclosures on whether regulatory standards are consent requirements in the E-Sign Act needed for determining a ‘‘material To provide consistency among the are similar but not identical to the risk’’ for purposes of Regulation B and regulations, as proposed, § 202.4(b) Board’s 1999 proposal. Section financial services laws administered by permits creditors to provide disclosures 202.17(b) sets forth the general rule that the Board, and if so what standards in languages other than English as long creditors subject to Regulation B may should apply. as disclosures in English are available to provide disclosures electronically if the applicants who request them. Under section 104(d) of the E-Sign creditor complies with section 101(c) of Act, the Board is authorized to exempt Section 202.9 Notifications the E-Sign Act. Pursuant to the Board’s specific disclosures from the consumer authority under section 703(a) of the 9(h) Duties of Third Parties consent requirements of section 101(c) ECOA, § 202.17(b) applies to consumer of the E-Sign Act, if the exemption is Under § 202.9(g), when an application and business credit applicants. The E-Sign Act authorizes the use of necessary to eliminate a substantial for credit is submitted through a third electronic disclosures. It does not affect burden on electronic commerce and will party to more than one creditor and no credit is offered (or the applicant does any requirement imposed under the not increase the material risk of harm to ECOA other than a requirement that consumers. The Board requests not expressly accept or use any credit offered) each creditor taking adverse disclosures be in paper form, and it does comment on whether it should consider not affect the content or timing of exercising this exemption authority. action must provide the notice required by § 202.9(a), but may do so through a disclosures. Electronic disclosures are Study on Adapting Requirements to third party. Third parties may use subject to the regulation’s format, timing Online Banking and Lending electronic communication to provide and retainability rules and the clear and required disclosures, provided the conspicuous standard. Comment 17(b)– The E-Sign Act eliminated legal requirements of § 202.17 are satisfied. 1 contains this guidance. impediments to the use of electronic This guidance is provided in new records and signatures. The Board Presenting Disclosures in a Clear and § 202.9(h). requests comment on whether other Conspicuous Format legislative or regulatory changes are Section 202.17 Requirements for The interim final rule imposes a new needed to adapt current requirements to Electronic Communication clear and conspicuous standard for online banking and lending and electronic disclosures under Regulation 17(a) Definition facilitate electronic delivery of B. See § 202.17(b). (As part of a consumer financial services. As adopted, the definition of the term comprehensive review of Regulation B, ‘‘electronic communication’’ remains the Board proposed in August 1999 to The comments may assist the Board substantially unchanged from the 1999 apply the standard to all disclosures in future efforts to update the proposals. Section 202.17(a) limits the required to be in writing (64 FR 44581, regulations. The comments may also be term to a message transmitted August 16, 1999).) Commenters used in connection with a study electronically that can be displayed on generally supported the standard; most required under the Gramm-Leach-Bliley equipment as visual text; an example is believed a consistent standard should Act of 1999. That act requires the a message displayed on a personal apply to all of the regulations. federal bank supervisory agencies to computer monitor screen. Thus, audio- A creditor must provide electronic conduct a study of banking regulations and voice-response telephone systems disclosures using a clear and that affect the electronic delivery of are not included. Creditors that conspicuous format. Also, in accordance financial services and to submit to the accommodate vision-impaired with the E-Sign Act: (1) The creditor Congress a report recommending any applicants by providing disclosures that must disclose the requirements for legislative changes that are needed to do not use visual text must also provide accessing and retaining disclosures in facilitate online banking and lending. disclosures using visual text. that format; (2) the applicant must IV. Section-by-Section Analysis Some commenters asked for demonstrate the ability to access the clarification that the definition was not information electronically and Pursuant to its authority under intended to preclude the use of devices affirmatively consent to electronic section 703 of the ECOA, the Board other than personal computers, which delivery; and (3) the applicant must amends Regulation B to establish also can display visual text. The provide the disclosures in accordance uniform standards for the use of equipment on which the text message is with the specified requirements. electronic communication to provide received is not limited to a personal Comment 17(b)–2 contains this disclosures required by this regulation. computer, provided the visual display guidance. Electronic disclosures can effectively used to deliver the disclosures meets the Commenters posed a few questions reduce compliance costs without ‘‘clear and conspicuous’’ format about the applicability of the clear and adversely affecting consumer requirement, discussed below. conspicuous standard to particular protections. To the extent that a creditor situations. Some asked whether may make electronic disclosures 17(b) General Rule electronic advertisements or other available at its Internet web site instead Effective October 1, 2000, the E-Sign unrelated promotional information may of providing the disclosures directly to Act permits creditors to provide appear on the same screen as mandatory the applicant, the Board finds that such disclosures using electronic disclosures that are posted on an an exception is warranted, acting communication, if the creditor complies Internet web site. Except to the extent pursuant to its authority under section with the consumer consent required by the regulation, disclosures 703(a)(1) of the ECOA. Below is a requirements in section 101(c). Under do not have to be provided separately section-by-section analysis of the rules section 101(c) of the E-Sign Act, from other information. Advertisements for providing disclosures by electronic creditors must provide specific should not be integrated into the text of communication, including references to information about the electronic the disclosure in a manner that violates changes in the official staff commentary. delivery of disclosures before obtaining the clear and conspicuous standard.
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Commenters also had questions about The on-line mortgage loan example Regulation B, the Board proposed to the use of navigational tools with was used in the supplementary require creditors to treat applications electronic disclosures. For example, information of the September 1999 taken through an electronic medium some believed that such tools might be proposed rule to illustrate the timing without video capability as taken by helpful in directing consumers to requirements. Some commenters mail (64 FR 44581).) related information that explains the expressed concern that the example Some industry commenters believed terminology used in the disclosures. required creditors to provide in that requiring disclosures to Many Internet web sites use writing—on the application—the automatically appear or be accessed by navigational tools that are conspicuous information required by § 202.13. These the applicant is cumbersome and through the use of bold text, larger fonts, commenters asked the Board to clarify unnecessary. Some commenters different colors, underlining, or other that the information required by suggested that the Board allow the methods of highlighting. Such tools are § 202.13(a) may be requested separately required disclosures to be accessible via not per se prohibited so long as they are after the creditor begins processing the a clearly marked navigational tool; they not used in a manner that would violate application. believe that once the tool is provided, the clear and conspicuous standard. Regulation B currently requires a the disclosure should be deemed to creditor that receives an application for have been provided to the applicant. Providing Timely Disclosures a mortgage loan, where the credit will The ECOA and Regulation B require Disclosures delivered electronically be secured by the dwelling, to request that disclosures be provided to must comply with existing timing ‘‘as part of the application’’ certain applicants. It is not sufficient for requirements under the ECOA and applicant characteristic information. See creditors to provide a bypassable Regulation B. See, for example, § 202.13(a). The official staff navigational tool that merely gives §§ 202.5a, 202.9, and 202.13. commentary further provides that a applicants the option of receiving the Commenters on the Board’s 1999 creditor may collect the § 202.13(a) disclosures. Such an approach reduces proposals requested specific guidance information on the application form the likelihood that applicants will that an electronic disclosure would be itself or on a separate form that refers to notice and receive the disclosures. The considered timely based on the time it the application. See comment 13(b)–1. interim final rule ensures that is sent by e-mail or posted on an Thus, while § 202.13(a) requires applicants actually see disclosures Internet web site, regardless of when the creditors to collect the required provided electronically so that they consumer receives or reads the information prior to submission of an have the opportunity to read the disclosure. application, a creditor need not request disclosures in a timely fashion. Under the interim final rule, the information on the application itself. Commenters on the various proposals consistent with rules for disclosures that Accordingly, for a dwelling-secured requested guidance regarding the are sent by postal mail, disclosures mortgage loan taken over the Internet, creditor’s duty in cases where a creditor provided by e-mail are timely when the creditor need not include the cannot provide timely disclosures they are sent by the required time. request on the actual application. A link because an automated loan machine or Disclosures posted at an Internet web to the disclosure satisfies the rule if the other automated equipment controlled site are timely if, by the required time, applicant cannot bypass the disclosure by the creditor malfunctions or the creditor both makes the disclosures before submitting the application. Or, otherwise fails to operate properly. available at that location and, in the information must automatically Where the creditor controls the accordance with § 202.17(d)(2), sends a appear on the screen. In addition, while equipment and disclosures are required notice alerting the applicant that the the disclosure required by § 202.13(c) at that time, a creditor might not be disclosures have been posted. For may be provided orally or in writing, for liable for failing to provide timely example, under § 202.9, a creditor must a mortgage loan taken over the Internet disclosures if the defense in § 202.14(c) provide a notice of action taken within the disclosure would have to appear on of Regulation B is available. 30 days of receiving a completed the screen—although not on the Providing Disclosures in a Form the application. For an adverse action application form itself—or be accessed Consumer May Keep notice posted on the Internet, a creditor before the application is submitted to must both post the notice and notify the the creditor. With one exception applicant of its availability within 30 Some commenters asked the Board to (§ 202.9(a)(3)(i)(B), regarding business days of receiving the completed clarify whether there is a requirement to credit), retainability is a new standard application. Comment 17(b)–3(ii) request monitoring information for for disclosures under Regulation B. (In contains this guidance. mortgage loan applications taken over August 1999, the Board requested Certain disclosures must be provided the Internet. The Regulation B comment on whether a retainability at the time of application. For example, commentary currently provides that for standard should apply to all disclosures if the creditor’s procedures permit the purposes of the requirements of and information required by Regulation applicant to apply for a mortgage loan § 202.13(a), a creditor may treat an B to be in writing (64 FR 44581).) on-line, the applicant must be required application taken through an electronic Electronic disclosures required to be in to access the disclosures required under medium without video capability as a writing are subject to this requirement. § 202.13 before submitting the telephone or mail application. Where Comment 17(b)–4 contains guidance on application. A link to the disclosures applications are taken by telephone, a this requirement. satisfies the timing rule if the applicant creditor is not required to request Applicants may communicate cannot bypass the disclosures before applicant characteristic information; electronically with creditors through a submitting the application. Or, the where taken by mail, the information variety of means and from various disclosures in this example must must be requested, but the creditor is locations. Depending on the location (at automatically appear on the screen, not required to make a special request home, at work, in a public place such even if multiple screens are required to if the applicant did not provide the as a library), an applicant may not have view the entire disclosure. Comment information. See comment 13(b)–3(i)(A), the ability at a given time to preserve 17(b)–3 contains this guidance, as (B). (Creditors should note, however, ECOA disclosures presented on-screen. proposed, but has been expanded. that in the August 1999 review of To ensure that applicants have an
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adequate opportunity to access and mail address that is not limited to the applicant. The 25-month period is retain the disclosures, the creditor also receiving communication transmitted consistent with a creditor’s duty to must send them to the applicant’s solely by the creditor, as proposed. This retain records that evidence their designated e-mail address or make them guidance is contained in comment compliance. Consumer advocates available at another location, for 17(d)(1)–1. supported the proposed retention example, on the creditor’s Internet web An electronic address would not period; some recommended that site, where the information may be include systems that permit disclosures should be available upon retrieved at a later date. communication only between the request for the length of the contractual Where the creditor controls the consumer and the creditor, for example, relationship with the applicant. equipment providing the electronic home-banking programs that allow Industry commenters strongly disclosures (for example, an automated consumers to communicate directly opposed the 25-month period. Many loan machine or computer terminal with a creditor on-line with the use of believed that keeping copies of located in the creditor’s lobby), the a computer and modem. Thus, electronic disclosures actually provided creditor must ensure that the applicant disclosures provided using systems to applicants for that period of time has the opportunity to retain the such as home-banking programs are would be costly and burdensome. required information. Comment 17(b)–5 treated in the same manner as Moreover, industry commenters contains guidance on this requirement. disclosures made available at an believed that once an applicant has Internet web site, and a notice alerting 17(c) When Consent Is Required accessed the disclosures, the applicant the applicant when disclosures are rather than the creditor should have the Under the E-Sign Act, consumers posted must be sent by e-mail, or to a duty to retain them for future reference. must affirmatively consent before they postal address, at the creditor’s option. They also noted that under existing receive electronic disclosures ‘‘relating 17(d)(2) record retention requirements to a transaction’’ if the disclosures are applicable to paper disclosures, a required by law or regulation to be in Under § 202.17(d)(2)(i) of the interim creditor need only demonstrate writing. Under Regulation B, the rule, for disclosures made available at compliance with the rules, but need not consent requirement has been expanded an Internet web site, a notice alerting retain copies of the actual disclosures to include both consumer and business the applicant when disclosures are provided to applicants. applicants. Some disclosures required to posted must be sent by e-mail (or to a The requirement for creditors to be in writing may be included on or postal address, at the creditor’s option). provide duplicate disclosures upon with an application provided to Section 202.17(d)(2)(i) requires that the request for 25 months has not been applicants for certain credit regardless alert notice identify the account adopted. A creditor’s duty to retain of whether the applicant applies for the involved and the address or other evidence of compliance for 25 months loan (§§ 202.5a(a)(2)(i) (notice of right to location where the disclosure is remains unchanged. copy of appraisal), 202.9(a)(3)(i)(B) available. Comment 17(d)(2)–1 provides (notice of right to a statement of guidance on the level of detail required 17(d)(3) Exceptions reasons), and 202.13(a) (request for in identifying the account. Section 202.17(d)(3) is added to make monitoring information)). Section As proposed, under § 202.17(d)(2)(ii) clear that the requirements of 202.17(c) is added to make clear that an of the interim rule, disclosures provided paragraphs (i) and (ii) of § 202.17(d)(2) applicant’s affirmative consent is not at an Internet web site must remain do not apply to the disclosure required required before creditors use electronic available for at least 90 days. The under § 202.13(a). requirement seeks to ensure that communication to provide these 17(e) Redelivery disclosures on or with an application. applicants have adequate time to access and retain a disclosure under a variety Industry commenters on the 1998 17(d) Address or Location To Receive of circumstances, such as when an proposal asked for clarification that Electronic Communication applicant may not be able for an sending the electronic disclosures Consistent with the 1999 proposals, extended period of time to access the complies with the regulation, and that the interim rule provides that creditors information due to computer institutions are not required to confirm may deliver electronic disclosures by malfunctions, travel, or illness. The 90- that the consumer actually received sending them to an applicant’s e-mail day period is uniform for all them. Consumer advocates asked that address. Alternatively, the rule provides disclosures, for ease of compliance. institutions be required to verify the that creditors may make the disclosures Comment 17(d)(2)–2 is added to provide delivery of disclosures by return receipt, available at another location such as an that during this period, the actual in the case of e-mail. In the 1999 Internet web site. If the creditor makes disclosures must be available to the proposals, the Board solicited comment a disclosure available at such a location, applicant, but the creditor has on the need for and the feasibility of the creditor effectively delivers the discretion to determine whether they such a requirement. disclosure by sending a notice alerting should be available at the same location Consumer advocates believe that e- the applicant when the disclosure can for the entire period. mail systems are not yet sufficiently be accessed and making the disclosure Some industry commenters believed reliable, and that safeguards are available for at least 90 days. The time the 90-day time period is reasonable and necessary to ensure that consumers period for keeping disclosures available feasible. About an equal number of actually receive disclosures. Industry at a location such as a creditor’s Internet commenters believed it was too commenters stated that a return receipt web site under the interim rule differs burdensome and costly; some of these requirement would be costly and from the 1999 proposals, based on commenters suggested periods that burdensome, and would require commenters’ concerns as discussed ranged from 30 to 60 days. creditors to monitor return receipts in below. The Regulation B proposal provided every case to determine that individual that after the 90-day time period, consumers received the disclosures. 17(d)(1) disclosures would be available upon Section 101(c) of the E-Sign Act For purposes of § 202.17(d), an applicants’ request, for 25 months, in requires that consumers consent applicant’s electronic address is an e- the same format as initially provided to electronically, or confirm their consent
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electronically, in a manner that electronic signature. Section 202.17(f) is may deter alterations in some cases, but reasonably demonstrates that the added to incorporate the E-Sign Act’s would not necessarily ensure document consumer can access the information definition of electronic signature into integrity. that the creditor will be providing. This the regulation. To comply with the E- Moreover, the issue of document requirement seeks to verify at the outset Sign Act, an electronic signature must integrity affects electronic commerce that the consumer is actually capable of be executed or adopted by an applicant generally and is not unique to the receiving the information in the with the intent to sign the record. written disclosures required under the electronic format being used by the Accordingly, regardless of the consumer protection laws administered creditor. After the consumer consents, technology used to meet this by the Board. Section 104(b)(3) of the E- the E-Sign Act also requires creditors to requirement, the process must evidence Sign Act authorizes federal or state notify consumers of changes that the applicant’s identity. Comment 17(f)– regulatory agencies to specify materially affect consumers’ ability to 1 provides this guidance. performance standards to assure the access electronic disclosures. accuracy, record integrity, and The interim rule does not impose a Additional Issues accessibility of records that are required verification requirement because the Document Integrity to be retained, but prohibits the agencies cost and burden associated with from requiring the use of a particular The interim rule does not impose verifying delivery of disclosures would type of software or hardware in order to document integrity standards. not be warranted. When electronic comply with record retention Consumer advocates and others disclosures are returned undelivered, requirements. Technology is likely to expressed concerns that electronic however, § 202.17(e) imposes a duty to develop to protect electronic contracts documents can be altered more easily attempt redelivery (either electronically and other legal documents. Thus, it or to a postal address) based on address than paper documents. They say that seems premature for the Board to information in the creditor’s own files. consumers’ ability to enforce rights specify any particular standards or Unlike paper disclosures delivered by under the consumer protection laws methods for consumer disclosure at this postal service, there generally is no could be impaired, in some cases, if the time. commonly-accepted mechanism for authenticity of disclosures they retain V. Form of Comment Letters reporting a change in electronic address cannot be demonstrated. or for forwarding e-mail. Where a Institutions are generally required to Comment letters should refer to creditor actually knows that the delivery retain evidence of compliance with the Docket No. R–1040, and, when possible, of an electronic disclosure did not take Board’s consumer regulations. should use a standard typeface with a place, the creditor should take Accordingly, the Board requested font size of 10 or 12. This will enable reasonable steps to effectuate delivery in comment on the feasibility of requiring the Board to convert the text to some way. For example, if an e-mail institutions to have systems in place machine-readable form through message to the applicant (containing an capable of detecting whether or not electronic scanning, and will facilitate alert notice or other disclosure) is information has been altered, or to use automated retrieval of comments for returned as undeliverable, the independent certification authorities to review. Also, if accompanied by an redelivery requirement is satisfied if the verify disclosure documents. original document in paper form, creditor sends the disclosure to a Consumer advocates strongly comments may be submitted on 31⁄2 different e-mail address or postal supported document integrity inch computer diskettes in any IBM- address that the creditor has on file. requirements (including the use of compatible DOS- or Windows-based Sending the disclosures a second time certification authorities) that would format. apply to all-electronic disclosures. to the same electronic address would VI. Regulatory Flexibility Analysis not be sufficient if the creditor has a Signatures, notary seals, and verification different address for the applicant on procedures such as recordation are used The Board has reviewed these interim file. Comment 17(e)–1 provides this to protect against alterations for amendments to Regulation B, in guidance. transactions memorialized in paper accordance with section 3(a) of the This redelivery requirement is limited form. Consumer advocates believe that Regulatory Flexibility Act (5 U.SC. 604). to situations where the electronic comparable verification procedures are Two of the three requirements of a final communication cannot be delivered and needed for electronic disclosures as regulatory flexibility analysis under the does not apply to situations where the well. Act are (1) a succinct statement of the disclosure is delivered but, for example, Industry commenters opposed need for and the objectives of the rule cannot be read by the applicant due to mandatory document integrity and (2) a summary of the issues raised technical problems with the applicant’s standards for electronic disclosures. by the public comments, the agency’s software. A creditor’s duty to redeliver Because the technology in this area is assessment of those issues, and a a disclosure under § 202.17(e) does not still evolving, they believe that statement of the changes made in the affect the timeliness of the disclosure. mandatory standards would be final rule in response to the comments. Creditors comply with the timing premature. Others believe that imposing These two areas are discussed above. requirements of the regulation when a document integrity standards or The third requirement of the analysis disclosure is initially sent in a timely requiring the use of certification is a description of significant manner, even though the disclosure is authorities would be costly to alternatives to the rule that would returned undelivered and the creditor is implement. minimize the rule’s economic impact on required under § 202.17(e) to take The Board recognizes the concerns small entities and reasons why the reasonable steps to attempt redelivery. about document integrity, but believes it alternatives were rejected. This interim is not practicable at this time to impose final rule is designed to provide 17(f) Electronic Signatures document integrity standards for creditors with an alternative method of The E-Sign Act provides that consumer disclosures or mandate the providing disclosures; the rule will electronic signatures have the same use of independent certification relieve compliance burden by giving validity as handwritten signatures. authorities. Effective methods may be creditors flexibility in providing Section 106 of the act defines an too costly. Other less costly methods disclosures required by the regulation.
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Overall, the costs of providing confidentiality arises under the to comply with the requirements of electronic disclosures are not expected Freedom of Information Act. paragraph (g) of this section on behalf of to have significant impact on small The Board has a continuing interest in a creditor. entities. The expectation is that the public’s opinions of the Federal providing electronic disclosures may Reserve’s collections of information. At § 202.16 [Added and reserved] ultimately reduce the costs associated any time, comments regarding the 4. Add and reserve § 202.16. with providing disclosures. burden estimate, or any other aspect of 5. Add a new § 202.17 to read as follows: VII. Paperwork Reduction Act this collection of information, including suggestions for reducing the burden, In accordance with the Paperwork § 202.17 Requirements for electronic may be sent to: Secretary, Board of communication. Reduction Act of 1995 (44 U.S.C. 3506; Governors of the Federal Reserve 5 CFR 1320 Appendix A.1), the Board System, 20th and C Streets, N.W., (a) Definition. Electronic reviewed the rule under the authority Washington, DC 20551; and to the communication means a message delegated to the Board by the Office of Office of Management and Budget, transmitted electronically between a Management and Budget. The Federal Paperwork Reduction Project (7100– creditor and an applicant in a format Reserve may not conduct or sponsor, 0200), Washington, DC 20503. that allows visual text to be displayed and an organization is not required to on equipment, for example, a personal respond to, this information collection VIII. Solicitation of Comments computer monitor. unless it displays a currently valid OMB Regarding the Use of ‘‘Plain Language’’ (b) General rule. In accordance with control number. The OMB control Section 722 of the Gramm-Leach- the Electronic Signatures in Global and number is 7100–0201. Bliley Act of 1999 requires the Board to National Commerce Act (the E-Sign Act) The collection of information that is use ‘‘plain language’’ in all proposed (15 U.S.C. 7001 et seq.) and the rules of revised by this rulemaking is found in and final rules published after January this part, a creditor may provide by 12 CFR Part 202. This information is 1, 2000. The Board invites comment on electronic communication any mandatory (15 U.S.C. 1691 et seq.) to whether the interim rule is clearly disclosure required by this part to be in evidence compliance with the stated and effectively organized, and writing. Disclosures provided by requirements of Regulation B and the how the Board might make the rule electronic communication must be Equal Credit Opportunity Act (ECOA). easier to understand. provided in a clear and conspicuous The respondents/recordkeepers are manner and in a form the applicant may creditors. Creditors are required to List of Subjects in 12 CFR Part 202 retain. retain records for twenty-five months Aged, Banks, banking, Civil rights, (c) When consent is required. For (12 months for business credit). This Credit, Federal Reserve System, Marital disclosures required by this part to be in regulation applies to all types of status discrimination, Penalties, writing, a creditor shall obtain an creditors, not just state member banks. Religious discrimination, Reporting and applicant’s affirmative consent in However, under Paperwork Reduction recordkeeping requirements, Sex accordance with the requirements of the Act regulations, the Federal Reserve discrimination. E-Sign Act. Disclosures under accounts for the burden of the §§ 202.5a(a)(2)(i), 202.9(a)(3)(i)(B), and For the reasons set forth in the paperwork associated with the 202.13(a) are not subject to this preamble, the Board amends Regulation regulation only for state member banks. requirement if provided on or with the B, 12 CFR part 202, as set forth below: Other agencies account for the application. paperwork burden on their respective PART 202—EQUAL CREDIT (d) Address or location to receive constituencies under this regulation. OPPORTUNITY (REGULATION B) electronic communication. A creditor The revisions provide that creditors that uses electronic communication to may deliver disclosures electronically 1. The authority citation for part 202 provide disclosures required by this part upon obtaining applicants’ affirmative continues to read as follows: shall: consent in accordance with the E-Sign (1) Send the disclosure to the Authority: 15 U.S.C. 1691–1691f. Act. The revisions also provide applicant’s electronic address; or guidance to creditors on the timing and 2. Section 202.4 is revised as follows: (2) Make the disclosure available at delivery of electronic disclosures, to another location such as an Internet web ensure that applicants have adequate § 202.4 General rules. site; and opportunity to access and retain the (a) Rule prohibiting discrimination. A (i) Alert the applicant of the information. creditor shall not discriminate against disclosure’s availability by sending a With respect to state member banks, an applicant on a prohibited basis notice to the applicant’s electronic it is estimated that there are 1000 regarding any aspect of a credit address (or to a postal address, at the respondent/recordkeepers and an transaction. creditor’s option). The notice shall average frequency of 4,767 responses (b) Foreign language disclosures. identify the account involved and the per respondent each year. The current Disclosures may be made in languages address of the Internet web site or other annual burden is estimated to be other than English, provided they are location where the disclosure is 125,678 hours. No comments available in English upon request. available; and specifically addressing the burden 3. Section 202.9 is amended by (ii) Make the disclosure available for estimate were received, therefore, the adding a new paragraph (h) to read as at least 90 days from the date the numbers remain unchanged. There is follows: disclosure first becomes available or estimated to be no additional cost from the date of the notice alerting the burden and no capital or start up cost § 202.9 Notifications. applicant of the disclosure, whichever associated with the interim final rule. * * * * * comes later. Because the records would be (h) Duties of third parties. A third (3) Exceptions. A creditor need not maintained at state member banks and party may use electronic comply with paragraph (d)(2)(i) and (ii) the notices are not provided to the communication in accordance with the of this section for the disclosure Federal Reserve, no issue of requirements of § 202.17, as applicable, required by § 202.13(a).
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(e) Redelivery. When a disclosure ii. Appraisals and adverse action. 17(e) Redelivery provided by electronic communication Disclosures provided by e-mail are timely 1. E-mail returned as undeliverable. If an is returned to a creditor undelivered, the based on when the disclosures are sent. e-mail to the applicant (containing an alert creditor shall take reasonable steps to Disclosures posted at an Internet web site, notice or other disclosure) is returned as attempt redelivery using information in such as adverse action notices or copies of undeliverable, the redelivery requirement is appraisals, are timely when the creditor has satisfied if, for example, the creditor sends its files. both made the disclosures available and sent (f) Electronic signatures. An electronic the disclosure to a different e-mail address or a notice alerting the applicant that the postal address that the creditor has on file for signature as defined under the E-Sign disclosures have been posted. For example, the applicant. Sending the disclosures a Act satisfies any requirement under this under § 202.9, a creditor must provide a second time to the same electronic address is part for an applicant’s signature or notice of action taken within 30 days of not sufficient if the creditor has a different initials. receiving a completed application. For an address for the applicant on file. 6. In Supplement I to Part 202, a new adverse action notice posted on the Internet, 17(f) Electronic Signatures Section 202.16 is added and reserved a creditor must post the notice and notify the applicant of its availability within 30 days of 1. Relationship to the E-Sign Act. The E- and a new Section 202.17 is added to Sign Act provides that electronic signatures read as follows: receiving the applicant’s completed application. have the same validity as handwritten * * * * * 4. Retainability of disclosures. Creditors signatures. Section 106 of the E-Sign Act (15 satisfy the requirement that disclosures be in U.S.C. 7006) defines an electronic signature. Supplement I to Part 202—Official Staff To comply with the E-Sign Act, an electronic Interpretations a form that the applicant may keep if electronic disclosures are delivered in a signature must be executed or adopted by an * * * * * format that is capable of being retained (such applicant with the intent to sign the record. Accordingly, regardless of the technology Section 202.16—[Reserved] as by printing or storing electronically). The format must also be consistent with the used to meet this requirement, the process Section 202.17—Electronic Communication information required to be provided under must evidence the applicant’s identity. (b) General Rule section 101(c)(1)(C)(i) of the E-Sign Act (15 By order of the Board of Governors of the 1. Relationship to the E-Sign Act. The E- U.S.C. 7001(c)(1)(C)(i)) about the hardware Federal Reserve System, March 29, 2001. Sign Act authorizes the use of electronic and software requirements for accessing and Robert deV. Frierson, disclosures. It does not affect any retaining electronic disclosures. Associate Secretary of the Board. 5. Disclosures provided on creditor’s requirement imposed under this part other [FR Doc. 01–8150 Filed 4–3–01; 8:45 am] than a provision that requires disclosures to equipment. A creditor that controls the BILLING CODE 6210–01–P be in paper form, and it does not affect the equipment providing electronic disclosures content or timing of disclosures. Electronic to applicants (for example, a computer disclosures are subject to the regulation’s terminal in a creditor’s lobby or an format, timing, and retainability rules and the automated loan machine at a public kiosk) FEDERAL RESERVE SYSTEM clear and conspicuous standard. For must ensure that the equipment satisfies the example, to satisfy the clear and conspicuous regulation’s requirements to provide timely 12 CFR Part 205 disclosures in a clear and conspicuous format standard for disclosures, electronic [Regulation E; Docket No. R–1041] disclosures must use visual text. The clear and in a form that the applicant may keep. and conspicuous and retainability For example, if disclosures are required at Electronic Fund Transfers requirements apply to all disclosures the time of an on-line application, the provided electronically—those expressly disclosures must be sent to the applicant’s e- AGENCY: Board of Governors of the required by the act and regulation to be in mail address or must be made available at Federal Reserve System. another location such as the creditor’s writing, and those provided in writing where ACTION: Interim Rule; request for Internet web site, unless the creditor the creditor has the option to give the comments. disclosure orally or in writing. provides a printer that automatically prints 2. Clear and conspicuous standard. A the disclosures. SUMMARY: The Board is adopting an creditor must provide electronic disclosures 17(d) Address or Location To Receive interim final rule amending Regulation using a clear and conspicuous format. Also, Electronic Communication E, which implements the Electronic in accordance with the E-Sign Act: i. The creditor must disclose the Paragraph 17(d)(1) Fund Transfer Act, to establish uniform requirements for accessing and retaining 1. Electronic address. An applicant’s standards for the electronic delivery of disclosures in that format; electronic address is an e-mail address that disclosures required by the act and ii. The applicant must demonstrate the is not limited to receiving communication regulation. The rule provides guidance ability to access the information transmitted solely by the creditor. on the timing and delivery of electronic electronically and affirmatively consent to Paragraph 17(d)(2) disclosures to ensure consumers have electronic delivery; and adequate opportunity to access and iii. The creditor must provide the 1. Identifying account involved. A creditor retain information when shopping for may identify a specific account in a variety disclosures in accordance with the specified electronic fund transfer services. requirements. of ways and is not required to identify an 3. Timing and effective delivery. account by reference to the account number. (Similar rules are being adopted under i. When an applicant applies for credit on- For example, where the applicant has only other consumer financial services and line. When a creditor permits an applicant to one credit card account, and no confusion fair lending regulations administered by apply for credit on-line, the applicant must would result, the creditor may refer to ‘‘your the Board.) Under the rule, financial be required to access the disclosures required credit card account.’’ If the applicant has two institutions may deliver disclosures at application before submitting the credit card accounts, the creditor may, for electronically if they obtain consumers’ application. A link to the disclosures satisfies example, differentiate accounts based on the affirmative consent in accordance with the timing rule if the applicant cannot bypass card program or by using a truncated account the Electronic Signatures in Global and the disclosures before submitting the number. National Commerce Act. Consistent application. Or the disclosures must 2. 90-day rule. The actual disclosures automatically appear on the screen, even if provided to an applicant must be available with that act, an interim rule issued multiple screens are required to view all of for at least 90 days, but the creditor has previously, regarding the electronic the information. The creditor is not required discretion to determine whether they should delivery of disclosures upon consumers’ to confirm that the applicant has read the be available at the same location for the agreement, is withdrawn. In addition, disclosures. entire period. the regulation is revised to allow
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financial institutions to provide writing, presuming that financial Board published revised regulatory disclosures in foreign languages, and to institutions provide paper documents. proposals in September 1999 under make technical changes to the model Under the Electronic Signatures in Regulations B, E, M, Z, and DD (64 FR error resolution notices. The rule is Global and National Commerce Act (the 49688, 49699, 49713, 49722 and 49740, being adopted as an interim rule to E-Sign Act) (15 U.S.C. 7001 et seq.), respectively, September 14, 1999) allow for additional public comment. however, electronic documents and (collectively, the ‘‘1999 proposals’’), and DATES: This rule is effective March 30, signatures have the same validity as an interim rule under Regulation DD (64 2001; however, to allow time for any paper documents and handwritten FR 49846). The interim rule under necessary operational changes, the signatures. Regulation DD allowed depository institutions to deliver disclosures on mandatory compliance date is October Board Proposals Regarding Electronic periodic statements electronically if the 1, 2001. Comments must be received by Disclosures June 1, 2001. consumer agrees. Over the past few years, the Board has Generally, the 1999 proposals ADDRESSES: Comments, which should published several interim rules and refer to Docket No. R–1041, may be required institutions to use a proposals regarding the electronic standardized form containing specific mailed to Ms. Jennifer J. Johnson, delivery of disclosures. In 1996, after a information about the electronic Secretary, Board of Governors of the comprehensive review of Regulation E delivery of disclosures so that Federal Reserve System, 20th Street and (Electronic Fund Transfers), the Board consumers could make informed Constitution Avenue, N.W., proposed to amend the regulation to decisions about whether to receive Washington, D.C. 20551 or mailed permit financial institutions to provide disclosures electronically. If the electronically to disclosures by sending them consumer affirmatively consented, most [email protected]. electronically (61 FR 19696, May 2, disclosures could be provided Comments addressed to Ms. Johnson 1996). Based on comments received on electronically. To address concerns may also be delivered to the Board’s the 1996 proposal, on March 25, 1998, about potential abuses, the 1999 mail room between 8:45 a.m. and 5:15 the Board published an interim rule proposals generally would have p.m. weekdays, and to the security under Regulation E permitting the required disclosures to be given in control room at all other times. The mail electronic delivery of disclosures (63 FR paper form when consumers transacted room and the security control room, 14528) and similar proposals under business in person. The proposals both in the Board’s Eccles Building, are Regulation Z (63 FR 14548) and other contained rules for disclosures that are accessible from the courtyard entrance financial services and fair lending made available to consumers at an on 20th Street between Constitution regulations administered by the Board. institution’s Internet web site Avenue and C Street, N.W. Comments The 1998 interim rule and proposed (governing, for example, how long may be inspected in room MP–500 in rules were similar to the 1996 proposed disclosures must remain posted at a web the Board’s Martin Building between rule under Regulation E. site). 9:00 a.m. and 5:00 p.m., pursuant to the The 1998 proposals and interim rule Comments on the September 1999 Board’s Rules Regarding the Availability allowed depository institutions, proposals—The Board received letters of Information, 12 CFR part 261. financial institutions, creditors, lessors, representing 115 commenters FOR FURTHER INFORMATION CONTACT: John and others to provide disclosures expressing views on the revised C. Wood, Counsel, or Natalie E. Taylor, electronically if the consumer agrees, proposals. Industry commenters Counsel, Division of Consumer and with few other requirements. (For ease generally supported the Board’s Community Affairs, at (202) 452–2412 of reference, this background section approach of establishing federal rules or (202) 452–3667. uses the terms ‘‘institutions’’ and for a uniform method of obtaining SUPPLEMENTARY INFORMATION: ‘‘consumers.’’) consumers’ consent to the receipt of Industry commenters generally electronic disclosures instead of I. Background supported the Board’s 1998 proposals deferring to state law. Still, many sought The Electronic Fund Transfer Act and interim rule, but many of them specific additional guidance and in (EFTA), 15 U.S.C. 1693 et seq., provides sought specific revisions and additional some cases wanted more flexibility. a basic framework establishing the guidance on how to comply with the They were concerned about the length rights, liabilities, and responsibilities of disclosure requirements in certain of time the proposals would have participants in electronic fund transfer transactions and circumstances. In required electronic disclosures to (EFT) systems. The Board’s Regulation E particular, they expressed concern that remain available to a consumer at an (12 CFR part 205) implements the act. the rule did not specify a uniform institution’s Internet web site or upon Types of transfers covered by the act method for establishing that an request. In addition, they believed the and regulation include transfers ‘‘agreement’’ was reached for sending proposed rule requiring paper initiated through an automated teller disclosures electronically. Consumer disclosures for in-person transactions machine (ATM), point-of-sale terminal, advocates, on the other hand, generally was not sufficiently flexible. Consumer automated clearinghouse, telephone opposed the 1998 proposals and the advocates believed the 1999 proposals bill-payment plan, or remote banking interim rule. They believed that addressed many of their concerns about program. The act and regulation require consumer protections in the proposals the 1998 proposals. Nevertheless, they disclosure of terms and conditions of an were inadequate, especially in urged the Board to incorporate greater EFT service; documentation of EFTs by connection with transactions that are protections for consumers, such as means of terminal receipts and periodic typically consummated in person (such restricting the delivery of electronic account statements; limitations on as automobile loans and leases, home- disclosures to only those consumers consumer liability for unauthorized secured loans, and door-to-door credit who initiate transactions electronically. transfers; procedures for error sales). The Board also obtained views resolution; and certain rights related to through four focus groups with preauthorized EFTs. September 1999 Proposals individual consumers, conducted in the EFTA and Regulation E require a In response to comments received on Washington-Baltimore metropolitan number of disclosures to be provided in the 1998 proposals and interim rule, the area. Participants reviewed and
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commented on the format and content Disclosures posted on a web site must of the act, as they affect the Board’s of the proposed sample consent forms, be available for at least 90 days, to allow consumer protection regulations. as well as on alternative revised forms. consumers adequate time to access and Comment is requested on whether the retain the information. With regard to statutory provisions relating to Federal Legislation Addressing the timing of electronic disclosures, for consumer consent are sufficient, or Electronic Commerce disclosures that must be provided at the whether additional guidance is needed. On June 30, 2000, the President time the consumer contracts for an For example, is interpretative guidance signed the E-Sign Act, which was electronic fund transfer service (or needed concerning the statutory enacted to encourage the continued before the first transfer), consumers are requirement that consumers confirm expansion of electronic commerce. The required to access the disclosures before their consent electronically in a manner E-Sign Act generally provides that contracting or making the first transfer. that reasonably demonstrates they can electronic documents and signatures Under the interim rule, institutions access information in the form to be have the same validity as paper must make a good faith attempt to used by the financial institution? Is documents and handwritten signatures. redeliver electronic disclosures that are clarification needed on the effect of The act contains special rules for the returned undelivered, using the address consumers’ withdrawing their consent, use of electronic disclosures in information available in their files. or on requesting paper copies of consumer transactions. Consumer Similar rules are being adopted under electronic disclosures? Institutions must disclosures may be provided in Regulations B, M, Z, and DD. also inform consumers of changes in electronic form only if the consumer hardware or software requirements if affirmatively consents after receiving III. Request for Comment the change creates a material risk that certain information specified in the Interim Rules the consumer will not be able to access statute. or retain the disclosure. The Board The Board and other government The interim rules include most of the solicits comment on whether regulatory agencies are permitted to interpret the revisions that were part of the 1999 standards are needed for determining a E-Sign Act’s consumer consent proposals and were not affected by the ‘‘material risk’’ for purposes of requirements within prescribed limits, E-Sign Act. The Board is adopting these Regulation E and other financial but may not impose additional rules with some minor changes services and fair lending laws requirements for consumer consent. In discussed below. The rules are adopted administered by the Board, and if so addition, agencies generally may not re- as interim rules, to allow commenters to what standards should apply. impose a requirement for using paper present new information or views not Under section 104(d) of the E-Sign disclosures in particular transactions, previously considered in the context of Act, the Board is authorized to exempt such as those conducted in person. the 1998 and 1999 proposals. Since the specific disclosures from the consumer The consumer consent provisions in Board’s 1999 proposals were issued, consent requirements of section 101(c) the E-Sign Act became effective October more institutions have gained of the E-Sign Act, if the exemption is 1, 2000, and did not require experience in offering financial services necessary to eliminate a substantial implementing regulations. Thus, electronically. The Board believes that burden on electronic commerce and will financial institutions are currently additional comments, beyond those not increase the material risk of harm to permitted to use electronic disclosures previously considered in connection consumers. The Board requests under Regulations B, E, M, Z and DD if with the Board’s earlier proposals, comment on whether it should consider the consumer affirmatively consents in might inform the Board whether any exercising this exemption authority. the manner required by section 101(c) of developments in technology or industry Study on Adapting Requirements to the E-Sign Act. Under section 101(c)(5) practices have occurred that warrant Online Banking and Lending of the E-Sign Act, consumers who further changes in the rules. The consented prior to the effective date of comment period ends on June 1, 2001. The E-Sign Act eliminated legal the act to receive electronic disclosures The Board expects to adopt final rules impediments to the use of electronic as permitted by any law or regulation on a permanent basis prior to October 1, records and signatures. The Board are not subject to the consent 2001. requests comment on whether other requirements. legislative or regulatory changes are Interpreting E-Sign Provisions needed to adapt current requirements to II. The Interim Rule Under section 104(b) of the E-Sign online banking and lending and The Board is adopting an interim final Act, the Board and other government facilitate electronic delivery of rule to establish uniform standards for agencies are permitted to interpret the consumer financial services. the electronic delivery of disclosures act, within prescribed limits. The Board As an example, under Regulations E, required under Regulation E. Consistent may issue rules that interpret how the Z, and DD, periodic statements inform with the requirements of the E-Sign Act, E-Sign Act’s consumer consent consumers about their account activity financial institutions generally must requirements apply for purposes of the over a period of time, typically monthly. obtain consumers’ affirmative consent to laws administered by the Board. Also, The beginning and ending dates of the provide disclosures electronically. the Board may, by regulation, exempt a cycle determine account balances and The interim rules also establish particular category of disclosures from other information that must be uniform requirements for the timing and the E-Sign Act’s consumer consent disclosed. In addition, transmittal of the delivery of electronic disclosures. requirements if it will eliminate a periodic statement triggers important Disclosures may be sent by e-mail to an substantial burden on electronic consumer protections such as error electronic address designated by the commerce without creating material risk resolution procedures. Online banking, consumer, or they may be made for consumers. however, can provide consumers with available at another location, such as an The Board requests comment on up-to-date information about their Internet web site. If the disclosures are whether the Board should exercise its accounts on a continuing basis. Such not sent by e-mail, consumers must authority under the E-Sign Act in future information is a helpful supplement receive a notice alerting them to the rulemakings to interpret the consumer to—but does not comply as a substitute availability of the disclosures. consent provisions or other provisions for—periodic statements. Should the
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rules for periodic statements be or form of consumers’ consent to Under section 101(c) of the E-Sign Act, modified for online banking, and if so, electronic statements. financial institutions must provide how could the rules be crafted to Effective October 1, 2000, the E-Sign specific information about the electronic maintain for consumers (1) a Act permits institutions to provide delivery of disclosures before obtaining perspective of the activity of an account disclosures to consumers using the consumer’s affirmative consent to over time, and (2) protections for electronic communication, if the receive electronic disclosures. The resolving errors or liability for institution complies with Section 101(c) consent requirements in the E-Sign Act unauthorized transactions? of that act. Section 101(c) of the E-Sign are similar but not identical to the The comments may assist the Board Act requires institutions to provide Board’s 1999 proposal. Accordingly, in future efforts to update the specific information about the electronic § 205.17(b) sets forth the general rule regulations. The comments may also be delivery of disclosures and obtain the that financial institutions subject to used in connection with a study consumer’s affirmative consent to Regulation E may provide disclosures required under the Gramm-Leach-Bliley receive electronic disclosures. As electronically if the financial institution Act of 1999. That act requires the discussed below, § 205.17 is being complies with section 101(c) of the E- federal bank supervisory agencies to adopted to set forth the general rule that Sign Act. conduct a study of banking regulations institutions subject to Regulation E may The E-Sign Act authorizes the use of that affect the electronic delivery of provide disclosures electronically only electronic disclosures. The act does not financial services and to submit to the if the institution complies with Section affect any requirement imposed under Congress a report recommending any 101(c) of the E-Sign Act. The 1998 EFTA other than a provision that legislative changes that are needed to interim rule is withdrawn accordingly, requires disclosures to be in paper form, facilitate online banking and lending. and § 205.4(c) is amended to provide a and the act does not affect the content cross reference to new § 205.17, to ease or timing of disclosures. Electronic IV. Section-by-Section Analysis compliance. disclosures are subject to the regulation’s format, timing and Pursuant to its authority under Section 205.17 Requirements for retainability rules and the clear and section 904 of the EFTA, the Board Electronic Communication readily understandable standard. amends Regulation E to establish Comment 17(b)–1 contains this uniform standards for the use of 17(a) Definition guidance. electronic communication to provide As adopted, the definition of the term disclosures required by this regulation. ‘‘electronic communication’’ remains Presenting Disclosures in a Clear and Electronic disclosures can effectively substantially unchanged from the 1999 Readily Understandable Format reduce compliance costs without proposals. Section 205.17(a) limits the Electronic disclosures must be clear adversely affecting consumer term to a message transmitted and readily understandable, as is the protections. To the extent that a electronically that can be displayed on case for all written disclosures under financial institution may make equipment as visual text; an example is EFTA and Regulation E. See § 205.4(a). electronic disclosures available at its a message displayed on a personal A financial institution must provide Internet web site instead of providing computer monitor screen. Thus, audio- electronic disclosures using a clear and the disclosures directly to the consumer, and voice-response telephone systems readily understandable format. Also, in the Board finds that such an exception are not included. Because the rule accordance with the E-Sign Act: (1) The is warranted, acting pursuant to its permits the use of electronic institution must disclose the authority under section 904(c) of the communication to satisfy the statutory requirements for accessing and retaining EFTA. Below is a section-by-section requirement for written disclosures that disclosures in that format; (2) the analysis of the rules for providing must be clear and readily consumer must demonstrate the ability disclosures by electronic understandable, the Board believes to access the information electronically communication, including references to visual text is an essential element of the and affirmatively consent to electronic changes in the official staff commentary. definition. Institutions that delivery; and (3) the institution must Section 205.4 General Disclosure accommodate vision-impaired provide the disclosures in accordance Requirements; Jointly Offered Services consumers by providing disclosures that with the specified requirements. do not use visual text must also provide Comment 17(b)–2 contains this 4(a) Form of Disclosures disclosures using visual text. guidance. 4(a)(2) Foreign Language Disclosures Some commenters asked for Commenters posed a few questions clarification that the definition was not about the applicability of the clear and To provide consistency among the intended to preclude the use of devices readily understandable standard to regulations, the guidance currently other than personal computers, which particular situations. Some asked contained in comment 4(a)–2, also can display visual text. The whether electronic advertisements or permitting financial institutions to equipment on which the text message is other unrelated promotional provide disclosures in languages other received is not limited to a personal information may appear on the same than English (as long as disclosures in computer, provided the visual display screen as mandatory disclosures that are English are available to consumers who used to deliver the disclosures meets the posted on an Internet web site. Except request them) is set forth in new ‘‘clear and readily understandable’’ to the extent required by the regulation, § 205.4(a)(2). format requirement, discussed below. disclosures do not have to be provided separately from other information. 4(c) Electronic Communication 17(b) General Rule Advertisements should not be integrated Section 205.4(c) was adopted by the Effective October 1, 2000, the E-Sign into the text of the disclosure in a Board in March 1998 as an interim rule Act permits financial institutions to manner that violates the clear and allowing the electronic delivery of provide disclosures using electronic readily understandable standard. disclosures required under Regulation communication, if the financial Commenters also had questions about E, if the consumer agrees. The 1998 institution complies with the consumer the use of navigational tools with interim rule did not specify the manner consent requirements in Section 101(c). electronic disclosures. For example,
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some believed that such tools might be under § 205.7 before the first and retain the disclosures, the financial helpful in directing consumers to transaction. A link to the disclosures institution also must send them to the related information that explains the satisfies the timing rule if the consumer consumer’s designated e-mail address or terminology used in the disclosures. cannot bypass the disclosures before make them available at another location, Many Internet web sites use contracting or making the first transfer. for example, on the financial navigational tools that are conspicuous Or, the disclosures in this example must institution’s Internet web site, where the through the use of bold text, larger fonts, automatically appear on the screen, information may be retrieved at a later different colors, underlining, or other even if multiple screens are required to date. methods of highlighting. Such tools are view the entire disclosure. Comment Where the financial institution not per se prohibited so long as they are 17(b)–3 contains this guidance. controls the equipment providing the not used in a manner that would violate Some industry commenters believed electronic disclosures (for example, an the clear and readily understandable that requiring disclosures to automated teller machine or computer standard. automatically appear or be accessed by terminal located in the financial the consumer is cumbersome and institution’s lobby), the financial Providing Timely Disclosures unnecessary. Some commenters institution must ensure that the Disclosures delivered electronically suggested that the Board allow the consumer has the opportunity to retain must comply with existing timing required disclosures to be accessible via the required information. Comment requirements under EFTA and a clearly marked navigational tool; they 17(b)–6 contains guidance on this Regulation E. See, for example, believe that once the tool is provided, requirement. §§ 205.7(a), 205.8(a)(1), and 205.9(b). the disclosure should be deemed to 17(c) Address or Location To Receive Commenters on the Board’s 1999 have been provided to the consumer. proposals requested specific guidance EFTA and Regulation E require that Electronic Communication that an electronic disclosure would be financial institutions provide, send, or Consistent with the 1999 proposals, considered timely based on the time it deliver disclosures to consumers. It is the interim rule provides that financial is sent by e-mail or posted on an not sufficient for institutions to provide institutions may deliver electronic Internet web site, regardless of when the a bypassable navigational tool that disclosures by sending them to a consumer receives or reads the merely gives consumers the option of consumer’s e-mail address. disclosure. receiving the disclosures. Such an Alternatively, the rule provides that Under the final rule, consistent with approach reduces the likelihood that financial institutions may make the rules for disclosures that are sent by consumers will notice and receive the disclosures available at another location postal mail, disclosures provided by e- disclosures. The final rule ensures that such as an Internet web site. If the mail are timely when they are sent by consumers actually see disclosures financial institution makes a disclosure the required time. Disclosures posted provided electronically so that they available at such a location, the periodically at an Internet web site are have the opportunity to read them financial institution effectively delivers timely if, by the required time, the before entering into an agreement for the disclosure by sending a notice financial institution both makes the EFT services. alerting the consumer when the disclosures available at that location Commenters requested guidance disclosure can be accessed, and making and, in accordance with § 205.17(c)(2), regarding the financial institution’s duty the disclosure available for at least 90 sends a notice alerting the consumer in cases where an institution cannot days. The time period for keeping that the disclosures have been posted. provide timely disclosures because an disclosures available at a location such For example, under § 205.8(a), financial electronic terminal or other automated as an institution’s Internet web site institutions offering accounts with EFT equipment controlled by the institution under the interim rule differs from the services must provide a change-in-terms malfunctions or otherwise fails to 1999 proposals, based on commenters’ notice at least 21 days in advance of operate properly. Where the institution concerns as discussed below. certain changes. For a change-in-terms controls the equipment and disclosures 17(c)(1) notice posted on the Internet, an are required at that time, an institution institution must both post the notice might not be liable for failing to provide For purposes of § 205.17(c), a and notify consumers of its availability timely disclosures if the defense in consumer’s electronic address is an e- at least 21 days in advance of the section 915(c) of EFTA is available. mail address that is not limited to change. Comment 17(b)–4 contains this receiving communications transmitted guidance. Providing Disclosures in a Form the solely by the financial institution, as Certain disclosures must be provided Consumer May Keep proposed. This guidance is contained in before the consumer contracts for an Under EFTA and Regulation E, many comment 17(c)(1)–1. An electronic EFT service, or before the first electronic of the disclosures required to be in address would not include systems that fund transfer. Because the disclosures writing must be in a form the consumer permit communication only between are not required to be segregated and can retain. Electronic disclosures are the consumer and the financial may be interspersed into the text of subject to this requirement. Comment institution, for example, home-banking another document, the institution may 17(b)–5 contains this guidance on this programs that allow consumers to satisfy the requirement to provide the requirement. communicate directly with a financial disclosures if the document appears Consumers may communicate institution on-line with the use of a automatically or via a nonbypassable electronically with financial institutions computer and modem. These systems, link. For example, when the financial through a variety of means and from like a financial institution’s web site institution permits the consumer to various locations. Depending on the accessed via the Internet, give open an account on-line and initiate an location (at home, at work, in a public consumers access to information about EFT transaction immediately thereafter, place such as a library), a consumer may their accounts at a location controlled the consumer must be required to access not have the ability at a given time to by the institution. In both cases, the the disclosures (or the document preserve EFTA disclosures presented institution determines how long account containing the disclosures such as a on-screen. To ensure that consumers information will be available to the checking account agreement) required have an adequate opportunity to access consumer. Consumers who receive
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disclosures at their e-mail address, would be available upon consumers’ reasonably demonstrates they can access however, may choose when to review, request, generally for 24 months, in the the information that the financial and for how long to retain, account same format as initially provided to the institution will be providing. This information. Consumers who receive consumer. The 24-month period is requirement seeks to verify at the outset disclosures by contacting a financial consistent with a financial institution’s that the consumer is actually capable of institution’s site need to be alerted duty to retain records that evidence receiving the information in the when the information is first available compliance. Consumer advocates electronic format being used by the in order to ensure that they have the supported the proposed retention institution. After the consumer opportunity to access the information period; some recommended that consents, the E-Sign Act also requires before it is removed. Thus, disclosures disclosures should be available upon institutions to notify consumers of provided using systems such as home- request for the length of the contractual changes that materially affect banking programs are treated in the relationship with the consumer. consumers’ ability to access electronic same manner as disclosures made Industry commenters strongly disclosures. available at an Internet web site, and a opposed the 24-month period. Many notice alerting the consumer when believed that keeping copies of The interim rule does not impose a disclosures are posted must be sent, by electronic disclosures actually provided verification requirement because the e-mail or to a postal address, at the to consumers for that period of time cost and burden associated with financial institution’s option. would be costly and burdensome. verifying delivery of all disclosures Moreover, industry commenters would not be warranted. When 17(c)(2) believed that once a consumer has electronic disclosures are returned Under § 205.17(c)(2)(i) of the interim accessed the disclosures, the consumer undelivered, however, § 205.17(d) rule, for disclosures made available at rather than the financial institution imposes a duty to attempt redelivery an Internet web site, a notice alerting should have the duty to retain them for (either electronically or to a postal the consumer when disclosures are future reference. They also noted that address) based on address information posted must be sent by e-mail (or to a under existing record retention in the institution’s own files. Unlike postal address, at the institution’s requirements applicable to paper paper disclosures delivered by the option). Section 205.17(c)(2)(i) requires disclosures, a financial institution need postal service, there generally is no that the alert notice identify the account only demonstrate compliance with the commonly-accepted mechanism for involved and the address or other rules, but need not retain copies of the reporting a change in electronic address location where the disclosure is actual disclosures provided to or for forwarding e-mail. Where an available. Comment 17(c)(2)–1 provides consumers. guidance on the level of detail required The requirement for financial institution actually knows that the in identifying the account. institutions to provide duplicate delivery of an electronic disclosure did As proposed, under § 205.17(c)(2)(ii) disclosures upon request for 24 months not take place, the institution should of the interim rule, disclosures provided has not been adopted. A financial take reasonable steps to effectuate at an Internet web site must remain institution’s duty to retain evidence of delivery in some way. For example, if available for at least 90 days. The compliance for 24 months remains an e-mail message to the consumer requirement seeks to ensure that unchanged. (containing an alert notice or other consumers have adequate time to access disclosure) is returned as undeliverable, and retain a disclosure under a variety 17(d) Redelivery the redelivery requirement is satisfied if of circumstances, such as when a Industry commenters on the 1998 the institution sends the disclosure to a consumer may not be able for an proposal asked for clarification that different e-mail address or postal extended period of time to access the sending the electronic disclosures address that the institution has on file. information due to computer complies with the regulation, and that Sending the disclosures a second time malfunctions, travel, or illness. Making institutions are not required to confirm to the same electronic address would the periodic statement disclosure that the consumer actually received not be sufficient if the institution has a available for 90 days also ensures that them. Consumer advocates asked that different address for the consumer on it will be available a sufficient time in institutions be required to verify the file. Comment 17(d)–1 provides this most cases to allow alleged errors to be delivery of disclosures by return receipt, guidance. resolved under the procedures in in the case of e-mail. In the 1999 This redelivery requirement is limited Regulation E. The 90-day period is proposals, the Board solicited comment to situations where the electronic uniform for all disclosures, for ease of on the need for and the feasibility of communication cannot be delivered and compliance. Comment 17(c)(2)–2 is such a requirement. does not apply to situations where the added to provide that during this Consumer advocates believe that e- period, the actual disclosures must be mail systems are not yet sufficiently disclosure is delivered but, for example, available to the consumer, but the reliable, and that safeguards are cannot be read by the consumer due to financial institution has discretion to necessary to ensure that consumers technical problems with the consumer’s determine whether they should be actually receive disclosures. Industry software. A financial institution’s duty available at the same location for the commenters stated that a return receipt to redeliver a disclosure under entire period. requirement would be costly and § 205.17(d) does not affect the Some industry commenters believed burdensome, and would require timeliness of the disclosure. Financial the 90-day time period was reasonable financial institutions to monitor return institutions comply with the timing and feasible. About an equal number of receipts in every case to determine that requirements of the regulation when a commenters believed it was too individual consumers received the disclosure is initially sent in a timely burdensome and costly; some of these disclosures. manner, even though the disclosure is commenters suggested periods that Section 101(c) of the E-Sign Act returned undelivered and the financial ranged from 30 to 60 days. requires that consumers consent institution is required under § 205.17(d) The 1999 proposals provided that electronically, or confirm their consents to take reasonable steps to attempt after the 90-day time period, disclosures electronically, in a manner that redelivery.
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17(e) Persons Other Than Financial is not practicable at this time to impose statement of the need for and the Institutions document integrity standards for objectives of the rule and (2) a summary Certain provisions of Regulation E consumer disclosures or mandate the of the issues raised by the public apply to entities that are not financial use of independent certification comments, the agency’s assessment of institutions. For example, where authorities. Effective methods may be those issues, and a statement of the preauthorized electronic fund transfers too costly. Other less costly methods changes made in the final rule in from a consumer’s account are recurring may deter alterations in some cases, but response to the comments. These two but will vary in amount each time, would not necessarily ensure document areas are discussed above. The third requirement of the analysis advance written notice is required; the integrity. Moreover, the issue of document is a description of significant notice may be given by the designated integrity affects electronic commerce alternatives to the rule that would payee instead of the financial generally and is not unique to the minimize the rule’s economic impact on institution. The rule clarifies that written disclosures required under the small entities and reasons why the entities other than a financial institution consumer protection laws administered alternatives were rejected. This interim that are required to comply with by the Board. Section 104(b)(3) of the E- final rule is designed to provide Regulation E may use electronic Sign Act authorizes federal or state financial institutions with an alternative communication to do so, provided the regulatory agencies to specify method of providing disclosures; the requirements of § 205.17(b) are satisfied. performance standards to assure the rule will relieve compliance burden by See § 205.17(e) and comment 17(e)–1. accuracy, record integrity, and giving financial institutions flexibility Additional Issues accessibility of records that are required in providing disclosures required by the regulation. Overall, the costs of 1. Document Integrity to be retained, but prohibits the agencies from requiring the use of a particular providing electronic disclosures are not The interim rule does not impose type of software or hardware in order to expected to have significant impact on document integrity standards. comply with record retention small entities. The expectation is that Consumer advocates and others requirements. Technology is likely to providing electronic disclosures may expressed concerns that electronic develop to protect electronic contracts ultimately reduce the costs associated documents can be altered more easily and other legal documents. Thus, it with providing disclosures. than paper documents. They say that seems premature for the Board to VII. Paperwork Reduction Act consumers’ ability to enforce rights specify any particular standards or under the consumer protection laws methods for consumer disclosure at this In accordance with the Paperwork could be impaired, in some cases, if the time. Reduction Act of 1995 (44 U.S.C. 3506; authenticity of disclosures they retain 5 CFR 1320 Appendix A.1), the Board cannot be demonstrated. 2. Technical Amendments to Error reviewed the rule under the authority Institutions are generally required to Resolution Notices delegated to the Board by the Office of retain evidence of compliance with the Model error resolution notices Management and Budget. The Federal Board’s consumer regulations. contained in Appendix A (Forms A–3 Reserve may not conduct or sponsor, Accordingly, the Board requested and A–5) have been revised to conform and an organization is not required to comment on the feasibility of requiring with amendments to § 205.11 respond to, this information collection institutions to have systems in place addressing time periods for unless it displays a currently valid OMB capable of detecting whether or not investigating alleged errors involving control number. The OMB control information has been altered, or to use new accounts and point-of-sale and number is 7100–0200. independent certification authorities to foreign-initiated transactions (63 FR The collection of information that is verify disclosure documents. 52115, September 29, 1998), and to revised by this rulemaking is found in Consumer advocates strongly make other technical changes. 12 CFR Part 205 and in Appendix A. supported document integrity This information is mandatory (15 requirements (including the use of V. Form of Comment Letters U.S.C. 1693 et seq.) to evidence certification authorities) that would Comment letters should refer to compliance with the requirements of the apply to all-electronic disclosures. Docket No. R–1041, and, when possible, Regulation E and the Electronic Fund Signatures, notary seals, and verification should use a standard typeface with a Transfer Act (EFTA). The respondents/ procedures such as recordation are used font size of 10 or 12. This will enable recordkeepers are for-profit financial to protect against alterations for the Board to convert the text to institutions, including small businesses. transactions memorialized in paper machine-readable form through Institutions are required to retain form. Consumer advocates believe that electronic scanning, and will facilitate records for twenty-four months. This comparable verification procedures are automated retrieval of comments for regulation applies to all types of needed for electronic disclosures as review. Also, if accompanied by an financial institutions, not just state well. original document in paper form, member banks. However, under Industry commenters opposed comments may be submitted on 31⁄2 Paperwork Reduction Act regulations, mandatory document integrity inch computer diskettes in any IBM- the Federal Reserve accounts for the standards for electronic disclosures. compatible DOS- or Windows-based burden of the paperwork associated Because the technology in this area is format. with the regulation only for state still evolving, they believe that member banks. Other agencies account mandatory standards would be VI. Regulatory Flexibility Analysis for the paperwork burden on their premature. Others believe that imposing The Board has reviewed these interim respective constituencies under this document integrity standards or amendments to Regulation E, in regulation. requiring the use of certification accordance with section 3(a) of the The revisions provide that financial authorities would be costly to Regulatory Flexibility Act (5 U.S.C. institutions may deliver disclosures implement. 604). Two of the three requirements of electronically upon obtaining The Board recognizes the concerns a final regulatory flexibility analysis consumers’ affirmative consent in about document integrity, but believes it under the Act are (1) a succinct accordance with the E-Sign Act. The
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revisions provide guidance to § 205.4 General disclosure requirements; financial institution that are required to institutions on the timing and delivery jointly offered services. comply with this part may use of electronic disclosures, to ensure that (a)(1) Form of disclosures. *** electronic communication in consumers have adequate opportunity (2) Foreign language disclosures. accordance with the requirements of to access and retain the information. Disclosures required under this part § 205.17, as applicable. With respect to state member banks, may be made in a language other than 4. Appendix A to Part 205 is amended it is estimated that there are 954 English, provided that the disclosures by revising Model Forms A–3 and A–5, respondent/recordkeepers and an are made available in English upon the to read as follows: average frequency of 85,808 responses consumer’s request. per respondent each year. The current * * * * * Appendix A To Part 205—Model annual burden is estimated to be (c) Electronic communication. For Disclosure Clauses and Forms 518,857 hours. No comments rules governing the electronic delivery * * * * * specifically addressing the burden of disclosures, including the definition estimate were received, therefore, the of electronic communication, see A–3—Model Forms for Error Resolution numbers remain unchanged. There is § 205.17. Notice (§§ 205.7(b)(10) and 205.8(b)) estimated to be no additional cost * * * * * (a) Initial and annual error resolution burden and no capital or start up cost notice (§§ 205.7(b)(10) and 205.8(b)). 3. Add a new § 205.17 to read as In Case of Errors or Questions About Your associated with the interim final rule. follows: Because the records would be Electronic Transfers Telephone us at [insert maintained at state member banks and § 205.17 Requirements for electronic telephone number] Write us at [insert communication. address] [or E-mail us at [insert electronic the notices are not provided to the mail address]] as soon as you can, if you Federal Reserve, no issue of (a) Definition. Electronic think your statement or receipt is wrong or confidentiality arises under the communication means a message if you need more information about a transfer Freedom of Information Act. transmitted electronically between a listed on the statement or receipt. We must The Board has a continuing interest in financial institution and a consumer in hear from you no later than 60 days after we the public’s opinions of the Federal a format that allows visual text to be sent the FIRST statement on which the Reserve’s collections of information. At displayed on equipment, for example, a problem or error appeared. any time, comments regarding the personal computer monitor. (1) Tell us your name and account number burden estimate, or any other aspect of (b) General rule. In accordance with (if any). this collection of information, including the Electronic Signatures in Global and (2) Describe the error or the transfer you are unsure about, and explain as clearly as suggestions for reducing the burden, National Commerce Act (the E-Sign you can why you believe it is an error or why may be sent to: Secretary, Board of Act), 15 U.S.C. 7001 et seq., and the you need more information. Governors of the Federal Reserve rules of this part, a financial institution (3) Tell us the dollar amount of the System, 20th and C Streets, N.W., may provide by electronic suspected error. Washington, DC 20551; and to the communication any disclosure required If you tell us orally, we may require that Office of Management and Budget, by this part to be in writing. you send us your complaint or question in Paperwork Reduction Project (7100– (c) Address or location to receive writing within 10 business days. 0200), Washington, DC 20503. electronic communication. A financial We will determine whether an error institution that uses electronic occurred within 10 business days after we hear from you and will correct any error VIII. Solicitation of Comments communication to provide disclosures Regarding the Use of ‘‘Plain Language’’ promptly. If we need more time, however, we required by this part shall: may take up to 45 days to investigate your Section 722 of the Gramm-Leach- (1) Send the disclosure to the complaint or question. If we decide to do Bliley Act of 1999 requires the Board to consumer’s electronic address; or this, we will credit your account within 10 use ‘‘plain language’’ in all proposed (2) Make the disclosure available at business days for the amount you think is in and final rules published after January another location such as an Internet web error, so that you will have the use of the 1, 2000. The Board invites comments on site; and money during the time it takes us to whether the interim rule is clearly (i) Alert the consumer of the complete our investigation. If we ask you to stated and effectively organized, and disclosure’s availability by sending a put your complaint or question in writing how the Board might make the rule notice to the consumer’s electronic and we do not receive it within 10 business easier to understand. address (or to a postal address, at the days, we may not credit your account. financial institution’s option). The For errors involving new accounts, point- List of Subjects in 12 CFR Part 205 of-sale, or foreign-initiated transactions, we notice shall identify the account may take up to 90 days to investigate your Banks, banking, Consumer protection, involved and the address of the Internet complaint or question. For new accounts, we Electronic fund transfers, Reporting and web site or other location where the may take up to 20 business days to credit record keeping requirements. disclosure is available; and your account for the amount you think is in For the reasons set forth in the (ii) Make the disclosure available for error. preamble, the Board amends Regulation at least 90 days from the date the We will tell you the results within three E, 12 CFR part 205, as set forth below: disclosure first becomes available or business days after completing our from the date of the notice alerting the investigation. If we decide that there was no PART 205 ELECTRONIC FUND consumer of the disclosure, whichever error, we will send you a written TRANSFERS (REGULATION E) comes later. explanation. You may ask for copies of the documents that we used in our investigation. (d) Redelivery. When a disclosure 1. The authority citation for part 205 (b) Error resolution notice on periodic provided by electronic communication continues to read as follows: statements (§ 205.8(b)). is returned to a financial institution * * * * * Authority: 15 U.S.C. 1693–1693r. undelivered, the financial institution 2. Section 205.4 is amended by shall take reasonable steps to attempt A–5—Model Forms for Government redesignating paragraph (a) as paragraph redelivery using information in its files. Agencies (§ 205.15(d)(1) and (2)) (a)(1), adding a new paragraph (a)(2), (e) Persons other than financial (a) Disclosure by government agencies of and revising paragraph (c), as follows: institutions. Persons other than a information about obtaining account
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balances and account histories Section 205.17—Requirements for Electronic consistent with the information required to (§ 205.15(d)(1)(i) and (ii)). Communication be provided under section 101(c)(1)(C)(i) of You may obtain information about the 17(b) General Rule the E-Sign Act (15 U.S.C. 7001(c)(1)(C)(i)) amount of benefits you have remaining by about the hardware and software calling [telephone number]. That information 1. Relationship to the E-Sign Act. The E- requirements for accessing and retaining is also available [on the receipt you get when Sign Act authorizes the use of electronic electronic disclosures. you make a transfer with your card at (an disclosures. It does not affect any 6. Disclosures provided on financial ATM)(a POS terminal)][when you make a requirement imposed under this part other institution’s equipment. A financial balance inquiry at an ATM][when you make than a provision that requires disclosures to institution that controls the equipment a balance inquiry at specified locations]. be in paper form, and it does not affect the providing electronic disclosures to You also have the right to receive a written content or timing of disclosures. Electronic consumers (for example, an ATM or summary of transactions for the 60 days disclosures are subject to the regulation’s computer terminal in a financial institution’s preceding your request by calling [telephone format, timing, and retainability rules and the lobby) must ensure that the equipment number]. [Optional: Or you may request the clear and readily understandable standard. satisfies the regulation’s requirements to summary by contacting your caseworker.] For example, to satisfy the clear and readily provide timely disclosures in a clear and (b) Disclosure of error resolution understandable standard for disclosures, readily understandable format and in a form procedures for government agencies that do electronic disclosures must use visual text. that the consumer may keep. For example, if not provide periodic statements 2. Clear and readily understandable disclosures are required at the time of an on- (§ 205.15(d)(1)(iii) and (d)(2)). standard. A financial institution must line transaction, the disclosures must be sent In Case of Errors or Questions About Your provide electronic disclosures using a clear to the consumer’s e-mail address or must be Electronic Transfers Telephone us at and readily understandable format. Also, in made available at another location such as [telephone number] Write us at [insert accordance with the E-Sign Act: the financial institution’s Internet web site, address] [or E-mail us at [insert electronic i. The institution must disclose the unless the financial institution provides a mail address]] as soon as you can, if you requirements for accessing and retaining printer that automatically prints the think an error has occurred in your disclosures in that format; disclosures. [EBT][agency’s name for program] account. ii. The consumer must demonstrate the 17(c) Address or Location To Receive ability to access the information We must hear from you no later than 60 days Electronic Communication after you learn of the error. You will need to electronically and affirmatively consent to tell us: electronic delivery; and Paragraph 17(c)(1) iii. The institution must provide the • Your name and [case] [file] number. 1. Electronic address. A consumer’s disclosures in accordance with the specified • Why you believe there is an error, and electronic address is an e-mail address that requirements. the dollar amount involved. is not limited to receiving communications 3. Timing and effective delivery when a • Approximately when the error took transmitted solely by the financial consumer signs up for an EFT service on-line. place. institution. When a consumer contracts for an EFT If you tell us orally, we may require that you service on the Internet and will be able Paragraph 17(c)(2) send us your complaint or question in immediately to initiate a fund transfer, a 1. Identifying account involved. A financial writing within 10 business days. financial institution satisfies the timing institution may identify a specific account in We will determine whether an error requirements under this part if, at the time a variety of ways and is not required to occurred within 10 business days after we the consumer contracts for the service or identify an account by reference to the hear from you and will correct any error before the first transfer is made, the account number. For example, where the promptly. If we need more time, however, we disclosures automatically appear on the consumer has only one checking account, may take up to 45 days to investigate your screen, even if multiple screens are required and no confusion would result, the complaint or question. If we decide to do to view the entire disclosure. Or a financial institution may refer to ‘‘your checking this, we will credit your account within 10 institution may provide a link to electronic account.’’ If the consumer has two checking business days for the amount you think is in disclosures, as long as consumers cannot accounts, the institution may, for example, error, so that you will have the use of the bypass the link and they are required to differentiate accounts based on names for money during the time it takes us to access the disclosures before initiating the different checking account programs or by complete our investigation. If we ask you to first transfer. The institution is not required using a truncated account number. put your complaint or question in writing to confirm that the consumer has read the 2. 90-day rule. The actual disclosures and we do not receive it within 10 business disclosures. provided to the consumer must be available days, we may not credit your account. 4. Timing and effective delivery for for at least 90 days, but the financial For errors involving new accounts, point- disclosures provided periodically. institution has discretion to determine of-sale, or foreign-initiated transactions, we Disclosures provided by e-mail are timely whether they should be available at the same may take up to 90 days to investigate your based on when the disclosures are sent. location for the entire period. complaint or question. For new accounts, we Disclosures posted at an Internet web site, 17(d) Redelivery may take up to 20 business days to credit such as periodic statements or change-in- 1. E-mail returned as undeliverable. If an your account for the amount you think is in terms and other notices, are timely when the e-mail to the consumer (containing an alert error. financial institution has both made the notice or other disclosure) is returned as We will tell you the results within three disclosures available and sent a notice undeliverable, the redelivery requirement is business days after completing our alerting the consumer that the disclosures satisfied if, for example, the institution sends investigation. If we decide that there was no have been posted. For example, under the disclosure to a different e-mail address or error, we will send you a written § 205.8(a), institution offering accounts with postal address that the institution has on file explanation. You may ask for copies of the EFT services must provide a change-in-terms for the consumer. Sending the disclosure a documents that we used in our investigation. notice to consumers at least 21 days in second time to the same electronic address is If you need more information about our advance of certain changes. For a change-in- not sufficient if the institution has a different error resolution procedures, call us at terms notice posted on the Internet, an address for the consumer on file. [telephone number][the telephone number institution must both post the notice and 17(e) Persons Other Than Financial shown above]. notify consumers of its availability at least 21 Institutions 5. In Supplement I to Part 205, a new days in advance of the change. Section 205.17 is added, to read as 5. Retainability of disclosures. Financial 1. Electronic disclosures. Entities other institutions satisfy the requirement that than financial institutions, such as follows: disclosures be in a form that the consumer merchants, are subject to certain provisions may keep if electronic disclosures are of Regulation E, including §§ 205.10(b) and Supplement I to Part 205—Official Staff delivered in a format that is capable of being (d). These entities too may use electronic Interpretations retained (such as by printing or storing communication to provide disclosures * * * * * electronically). The format must also be required to be in writing.
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By order of the Board of Governors of the both in the Board’s Eccles Building, are institutions, lessors, and others to Federal Reserve System, March 27, 2001. accessible from the courtyard entrance provide disclosures electronically if the Robert deV. Frierson, on 20th Street between Constitution consumer agreed, with few other Associate Secretary of the Board. Avenue and C Street, N.W. Comments requirements. For ease of reference, this [FR Doc. 01–8151 Filed 4–3–01; 8:45 am] may be inspected in room MP–500 in background section uses the terms BILLING CODE 6210–01–P the Board’s Martin Building between ‘‘institutions’’ and ‘‘consumers.’’ 9:00 a.m. and 5:00 p.m., pursuant to the Industry commenters generally Board’s Rules Regarding the Availability supported the Board’s 1998 proposals FEDERAL RESERVE SYSTEM of Information, 12 CFR part 261. and interim rule, but many of them FOR FURTHER INFORMATION CONTACT: Jane sought specific revisions and additional 12 CFR Part 230 E. Ahrens, Senior Counsel, and Deborah guidance on how to comply with the [Regulation DD; Docket No. R–1044] J. Stipick, Attorney, Division of disclosure requirements in certain Consumer and Community Affairs, at transactions and circumstances. In Truth in Savings (202) 452–2412 or (202) 452–3667. particular, they expressed concern that SUPPLEMENTARY INFORMATION: the rule did not specify a uniform AGENCY: Board of Governors of the method for establishing that an Federal Reserve System. I. Background ‘‘agreement’’ was reached for sending ACTION: Interim rule; request for The Truth in Savings Act (TISA), 12 disclosures electronically. Consumer comments. U.S.C. 4301 et seq., requires depository advocates, on the other hand, generally institutions to disclose yields, fees, and opposed the 1998 proposals and the SUMMARY: The Board is adopting an other terms concerning deposit accounts interim rule. They believed that interim final rule amending Regulation to consumers at account opening, upon consumer protections in the proposals DD, which implements the Truth in request, when changes in terms occur, were inadequate, especially in Savings Act, to establish uniform and in periodic statements. It also connection with transactions that are standards for the electronic delivery of includes rules about advertising for typically consummated in person (such disclosures required by the act and deposit accounts. The Board’s as automobile loans and leases, home- regulation. The rule provides guidance Regulation DD (12 CFR part 230) secured loans, and door-to-door credit on the timing and delivery of electronic implements the act. Credit unions are sales). disclosures to ensure consumers have governed by a substantially similar September 1999 Proposals adequate opportunity to access and regulation issued by the National Credit retain the information. (Similar rules are Union Administration. In response to comments received on being adopted under other consumer TISA and Regulation DD require a the 1998 proposals, the Board published financial services and fair lending number of disclosures to be provided in revised regulatory proposals in regulations administered by the Board.) writing, presuming that depository September 1999 under Regulations B, E, Under the rule, depository institutions institutions provide paper documents. M, Z, and DD, (64 FR 49688, 49699, may deliver disclosures electronically if Under the Electronic Signatures in 49713, 49722 and 49740, respectively, they obtain consumers’ affirmative Global and National Commerce Act (E- September 14, 1999) (collectively, the consent in accordance with the Sign Act) (15 U.S.C. 7001 et seq.), ‘‘1999 proposals’’), and an interim rule Electronic Signatures in Global and however, electronic documents and under Regulation DD (64 FR 49846). The National Commerce Act (E-Sign Act). signatures have the same validity as interim rule under Regulation DD Amendments are also adopted that paper documents and handwritten allowed depository institutions to address electronic advertisements. The signatures. deliver disclosures on periodic rule is being adopted as an interim rule statements electronically if the Board Proposals Regarding Electronic to obtain additional public comment. consumer agrees. Disclosures An interim rule published in 1999, Generally, the 1999 proposals before enactment of the E-Sign Act, is Over the past few years, the Board has required institutions to use a withdrawn. published several interim rules and standardized form containing specific proposals regarding the electronic information about the electronic DATES: The interim rule is effective delivery of disclosures. In 1996, after a delivery of disclosures so that March 30, 2001; however, to allow time comprehensive review of Regulation E consumers could make informed for any necessary operational changes, (Electronic Fund Transfers), the Board decisions about whether to receive the mandatory compliance date is proposed to amend the regulation to disclosures electronically. If the October 1, 2001. Comments must be permit financial institutions to provide consumer affirmatively consented, most received by June 1, 2001. disclosures by sending them disclosures could be provided ADDRESSES: Comments, which should electronically. (61 FR 19696, May 2, electronically. To address concerns refer to Docket No. R–1044, may be 1996.) Based on comments received on about potential abuses, the 1999 mailed to Ms. Jennifer J. Johnson, the 1996 proposal, on March 25,1998, proposals generally would have Secretary, Board of Governors of the the Board published an interim rule required disclosures to be given in Federal Reserve System, 20th Street and permitting the electronic delivery of paper form when consumers transacted Constitution Avenue, N.W., disclosures under Regulation E (63 FR business in person. The proposals Washington, D.C. 20551 or mailed 14528) and similar proposals under contained rules for disclosures that are electronically to Regulation DD (63 FR 14533), and other made available to consumers at an [email protected]. financial services and fair lending institution’s Internet web site Comments addressed to Ms. Johnson regulations administered by the Board. (governing, for example, how long may also be delivered to the Board’s The 1998 interim rule and proposed disclosures must remain posted at a web mail room between 8:45 a.m. and 5:15 rules were similar to the 1996 proposed site). p.m. weekdays, and to the security rule under Regulation E. Comments on the September 1999 control room at all other times. The mail The 1998 proposals and interim rule proposals—The Board received letters room and the security control room, allowed creditors, depository representing 115 commenters
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expressing views on the revised financial institutions are currently experience in offering financial services proposals. Industry commenters permitted to use electronic disclosures electronically. The Board believes that generally supported the Board’s under Regulations B, E, M, Z and DD if additional comments, beyond those approach establishing federal rules for a the consumer affirmatively consents in previously considered in connection uniform method of obtaining the manner required by the E-Sign Act. with the Board’s earlier proposals, consumers’ consents to the receipt of Under section 101(c)(5) of the E-Sign might inform the Board whether any electronic disclosures instead of Act, consumers who consented prior to developments in technology or industry deferring to state law. Still, many sought the effective date of the act to receive practices have occurred that warrant specific additional guidance and in electronic disclosures as permitted by further changes in the rules. The some cases wanted more flexibility. any law or regulation, are not subject to comment period ends on June 1, 2001. They were concerned about the length the consent requirements. The Board expects to adopt final rules of time the proposals would have on a permanent basis prior to October 1, required electronic disclosures to II. The Interim Rule 2001. remain available to a consumer at an The Board is adopting an interim final Interpreting E-Sign Provisions institution’s Internet web site or upon rule to establish uniform standards for request. In addition, they believed the the electronic delivery of disclosures Under section 104(b) of the E-Sign proposed rule requiring paper required under Regulation DD. Act, the Board and other government disclosures for transactions conducted Consistent with the requirements of the agencies are permitted to interpret the in person was not sufficiently flexible. E-Sign Act, depository institutions act, within prescribed limits. The Board Consumer advocates believed the 1999 generally must obtain consumers’ may issue rules that interpret how the proposals addressed many of their affirmative consent to provide E-Sign Act’s consumer consent concerns about the 1998 proposals. disclosures electronically. The interim requirements apply for purposes of the Nevertheless, they urged the Board to rule published in 1999, before laws administered by the Board. Also, incorporate greater protections for enactment of the E-Sign Act, is the Board may, by regulation, exempt a consumers, such as restricting the withdrawn. particular category of disclosures from delivery of electronic disclosures to The interim rules also establish the E-Sign Act’s consumer consent only those consumers who initiate uniform requirements for the timing and requirements if it will eliminate a transactions electronically. delivery of electronic disclosures. substantial burden on electronic The Board also obtained views Disclosures may be sent by electronic commerce without creating material risk through four focus groups with mail (e-mail) to an electronic address for consumers. individual consumers, conducted in the designated by the consumer, or they The Board requests comment on Washington-Baltimore metropolitan may be made available at another whether the Board should exercise its area. Participants reviewed and location, such as an Internet web site. If authority under the E-Sign Act in future commented on the format and content the disclosures are not sent by e-mail, rulemakings to interpret the consumer of the proposed sample consent forms, consumers must receive a notice consent provisions or other provisions as well as on alternative revised forms. alerting them to the availability of the of the act, as they affect the Board’s consumer protection regulations. Federal Legislation Addressing disclosures. Disclosures posted on a web site must be available for at least 90 Comment is requested on whether the Electronic Commerce statutory provisions relating to days, to allow consumers adequate time On June 30, 2000, the President consumer consent are sufficient, or to access and retain the information. signed the E-Sign Act, which was whether additional guidance is needed. With regard to the timing of electronic enacted to encourage the continued For example, is interpretative guidance disclosures, for disclosures that must be expansion of electronic commerce. The needed concerning the statutory provided before the consumer opens an E-Sign Act generally provides that requirement that consumers confirm account, consumers are required to electronic documents and signatures their consent electronically in a manner access the electronic disclosures before have the same validity as paper that reasonably demonstrates they can the account is opened. Under the documents and handwritten signatures. access information in the form to be interim rule, institutions must make a The act contains special rules for the used by the depository institution? Is good faith attempt to redeliver use of electronic disclosures in clarification needed on the effect of electronic disclosures that are returned consumer transactions. Consumer consumers’ withdrawing their consent, undelivered, using the address disclosures may be provided in or on requesting paper copies of information available in their files. electronic form only if the consumer electronic disclosures? Institutions must Similar rules are being adopted under affirmatively consents after receiving also inform consumers of changes in Regulations B, E, M and Z. certain information specified in the hardware or software requirements if statute. III. Request for Comment the change creates a material risk that The Board and other government the consumer will not be able to access Interim Rules agencies are permitted to interpret the or retain the disclosure. The Board E-Sign Act’s consumer consent The interim rules include most of the solicits comment on whether regulatory requirements within prescribed limits, revisions that were part of the 1999 standards are needed for determining a but may not impose additional proposals and were not affected by the ‘‘material risk’’ for purposes of requirements for consumer consent. In E-Sign Act. The Board is adopting these Regulation DD and other financial addition, agencies generally may not re- rules with some minor changes services and fair lending laws impose a requirement for using paper discussed below. The rules are adopted administered by the Board, and if so disclosures in particular transactions, as interim rules, to allow commenters to what standards should apply. such as those conducted in person. present new information or views not Under section 104(d) of the E-Sign The consumer consent provisions in previously considered in the context of Act, the Board is authorized to exempt the E-Sign Act became effective October the 1998 and 1999 proposals. Since the specific disclosures from the consumer 1, 2000, and did not require Board’s 1999 proposals were issued, consent requirements of section 101(c) implementing regulations. Thus, more institutions have gained of the E-Sign Act, if the exemption is
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necessary to eliminate a substantial meaningful information about account hours, and account terms change when burden on electronic commerce and will terms so that consumers can compare the institution next opens for business. not increase the material risk of harm to savings and investment products. The The interim final rule, as in the 1999 consumers. The Board requests use of electronic communication may proposal, provides that depository comment on whether it should consider allow institutions to provide Regulation institutions opening accounts by exercising this exemption authority. DD disclosures to the consumer more ‘‘electronic communication’’ (for Study on Adapting Requirements to efficiently. To the extent that a example, those offered on the Internet) Online Banking and Lending depository institution may make may not delay providing disclosures electronic disclosures available at its under § 230.4(a). This rule is adopted The E-Sign Act eliminated legal web site instead of providing the pursuant to the Board’s exception impediments to the use of electronic disclosures directly to the consumer, the authority under Section 269(a)(3) of records and signatures, the Board Board finds that such an exception is TISA, to carry out the purposes of the requests comment on whether other warranted pursuant to its authority statute. The difficulties in providing legislative or regulatory changes are under section 269(a)(3) of TISA. Below disclosures for accounts opened by mail needed to adapt current requirements to is a section-by-section analysis of the or telephone are not present for requests online banking and lending and rules for providing disclosures by to open accounts received by electronic facilitate electronic delivery of electronic communication, including communication using visual text. Thus, consumer financial services. references to changes in the official staff specific disclosures must be provided As an example, under Regulations Z commentary. before accounts are opened using and DD, periodic statements inform electronic communication. TISA and consumers about their account activity Section 230.3 General Disclosure Regulation DD do not define when an over a period of time, typically monthly. Requirements account is deemed to be opened; thus, The beginning and ending dates of the 3(a) Form institutions may establish policies and cycle determine costs and other procedures to address after-hours information that must be disclosed. In Section 230.3(a) has been revised to requests to open accounts, to ensure that addition, transmittal of the periodic reflect that the disclosures provided accurate disclosures are provided before statement triggers important consumer under § 230.10 for electronic the account is deemed by the institution protections such as billing error communications are subject to the same to be ‘‘opened.’’ resolution procedures. Online banking, requirements as other disclosures however, can provide consumers with provided under Regulation DD. Depository institutions must also up-to-date information about their provide account disclosures to a 3(g) Electronic Communication accounts on a continuing basis. Such consumer upon request. Section information is a helpful supplement Section 230.3(g) is added to provide a 230.4(a)(2)(i) provides that if a to—but does not comply as a substitute cross reference to rules governing the consumer is not present at the for—periodic statements. Should the electronic delivery of disclosures in institution when a request for account rules for periodic statements be § 230.10. disclosures is made, the institution must modified for online banking, and if so, mail or deliver the disclosures within a how could the rules be crafted to Section 230.4 Account Disclosures reasonable time after the institution maintain for consumers (1) a 4(a) Delivery of Account Disclosures receives the request; ten days is deemed perspective of the cost and activity of an to be a reasonable time. The 1999 account over time, and (2) protections Depository institutions generally must proposal extended the rule to requests for resolving errors or liability for provide account-opening disclosures to for disclosures made by electronic unauthorized transactions. consumers before an account is opened communication. Most commenters The comments may assist the Board or a service is provided. Currently, agreed that a ten-day period was in future efforts to update the depository institutions may delay reasonable for responding to electronic regulations. The comments may also be delivering TISA disclosures if the requests for disclosures. Some stated used in connection with a study consumer is not present at the that having one uniform time period required under the Gramm-Leach-Bliley institution when the account is opened would aid compliance. The interim final Act of 1999. That act requires the (or service is provided). The rationale rule provides that ten days is a federal bank supervisory agencies to underlying the ten-day delay is that the reasonable time for responding to conduct a study of banking regulations institution cannot provide written request for account disclosures made by that affect the electronic delivery of disclosures is such cases, for example, electronic communication. Comment financial services and to submit to the when an account is opened by 4(a)(2)(i)–3 has been revised to include Congress a report recommending any telephone. Section 230.4(a) provides this guidance. legislative changes that are needed to that in such cases, account-opening Section 230.4(a)(2)(i) is revised to facilitate online banking and lending. disclosures must be mailed or delivered require institutions to mail or deliver within ten business days. disclosures in paper form or IV. Section-by-Section Analysis Under the 1999 proposal, the delayed electronically to consumers who are not Pursuant to its authority under timing rule under § 230.4(a) did not present at the institution when a request section 269 of TISA, the Board amends apply to depository institutions opening is made. To provide disclosures Regulation DD to establish uniform accounts by ‘‘electronic electronically, the institution must send standards for the use of electronic communication’’ (for example, those the disclosures to the consumer’s e-mail communication to provide disclosures offered on the Internet). Some address, or send a notice alerting the required by this regulation. Electronic commenters agreed that the ten-day consumer to the location of the disclosures can effectively reduce delay should not apply in such cases. disclosures, such as on the institution’s compliance costs without adversely Others expressed concern about Internet web site. Posting disclosures on affecting consumer protections. The providing accurate disclosures if a a depository institution’s web site does purpose of Regulation DD disclosures is consumer ‘‘opens’’ an account not relieve the institution’s duty to to ensure that consumers have electronically after normal business provide the disclosures upon request.
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Comment 4(a)(2)(i)–4 is added to regulation’s advertising requirements if requested that the Board consider contain this advice. the required terms are disclosed in more extending a similar exception to Internet than one location, under certain advertisements that currently exists for Section 230.6 Periodic Statement conditions. Most commenters television and billboards. However, Disclosures addressing the issue agreed with the other commenters agreed with the 6(c) Electronic Communication proposed approach. Board’s position that these types of Section 230.6(c) was adopted by the Comment 8(a)–9 is adopted as advertisements (for example Internet Board in 1999 as an interim rule proposed, with technical amendments advertisements with link capability) do allowing the electronic delivery of for clarity. If an advertisement using not possess the same time and space periodic statements, if the consumer electronic communication displays a limitations as those that are currently agreed. (64 FR 49846, September 14, triggering term (such as a bonus or exempted. 1999.) The electronic delivery of annual percentage yield) the The Board believes that space periodic statements for consumer asset advertisement must clearly refer the constraints for advertisements on accounts was already permissible under consumer to the location where the Internet web sites are not significantly an interim rule to Regulation E issued additional required information begins. different than those for a print in March 1998. The 1999 interim rule For example, an advertisement that advertisement (a newspaper, for allowed institutions to delivery includes a bonus or annual percentage example). Thus, requiring electronically a single statement that yield may be accompanied by a link in advertisements provided by electronic complied with Regulation E and close proximity, that directly takes the communication to comply with the Regulation DD. The interim rule did not consumer to the additional information. regulation’s advertising requirements is not overly burdensome. Accordingly, specify the manner or form of 8(b) Permissible Rates consumers’ consent to electronic advertisements made via electronic statements. Section 230.8(b) permits depository communication, such as advertisements Effective October 1, 2000, the E-Sign institutions to state an interest rate in posted on the Internet, are subject to Act permits depository institutions to addition to the APY, as long as the rate Regulation DD’s general advertising provide disclosures to consumers using is stated in conjunction with, but not rules. Comment 8(e)(1)(i)–1 is adopted electronic communication, if the more conspicuously than, the APY. As as proposed. depository institution complies with proposed, both rates must appear at the Section 230.10 Electronic Section 101(c) of that act. Section 101(c) same location so the consumer can view Communication of the E-Sign Act requires depository both rates simultaneously. An institutions to provide specific advertised interest rate with a link to 10(a) Definition information about the electronic another location that contains the As adopted, the definition of the term delivery of disclosures and obtain the related APY would not comply with the ‘‘electronic communication’’ remains consumer’s affirmative consent to requirements of § 230.8(b); the interest substantially unchanged from the 1999 receive electronic disclosures. As rate would be the only rate readily proposals. Section 230.10(a) limits the discussed below, § 226.10(b) is being visible to consumers, and therefore term to a message transmitted adopted to set forth the general rule that would be more conspicuous. electronically that can be displayed on depository institutions subject to Commenters generally agreed with this equipment as visual text; an example is Regulation DD may provide disclosures requirement. Comment 8(b)–4 is a message displayed on a personal electronically only if the institution adopted as proposed. computer monitor screen. Thus, audio complies with Section 101(c) of the E- 8(e) Exemption for Certain and voice response telephone systems Sign Act. This requirement applies to Advertisements are not included. Because the rule disclosures on periodic statements that permits the use of electronic 8(e)(1) Certain Media are provided electronically, and communication to satisfy the statutory § 230.6(c) is withdrawn accordingly. Section 230.8(e) exempts from some requirement for written disclosures that Section 230.8 Advertising requirements advertisements made must be clear and conspicuous, the through broadcast or electronic media, Board believes visual text is an essential 8(a) Misleading or Inaccurate such as television and radio or outdoor element of the definition. Institutions Advertisements billboards. Proposed comment that accommodate vision-impaired Stating certain account terms in an 8(e)(1)(i)–1 provided that this consumers by providing disclosures that advertisement for a deposit account exemption would not apply to do not use visual text must also provide triggers the disclosure of additional electronic advertisements using disclosures using visual text. terms. Although Regulation DD does not electronic communication, such as Some commenters asked for currently address multiple-page Internet advertisements, which do not clarification that the definition was not advertisements, Regulations Z (Truth in have the same time and space intended to preclude the use of devices Lending) and M (Consumer Leasing) constraints as radio or television other than personal computers, which permit creditors and lessors to provide advertisements. also can display visual text. The required advertising disclosures on Views were mixed on whether equipment on which the text message is more than one page, if certain advertisements using electronic received is not limited to a personal conditions are met. In September 1999, communication should be subject to the computer, provided the visual display the Board proposed consistent broadcast or media exception. Many used to deliver the disclosures meets the approaches under Regulations Z, M, and commenters noted that a frequent form ‘‘clear and conspicuous’’ format DD for complying with the regulations’ of advertisement on the Internet is the requirement, discussed below. advertising requirements in the context ‘‘banner’’ advertisement and these are of electronic advertising. Under the often priced based on size. Similarly, 10(b) General Rule proposal, a depository institution that they noted that space limitations may Effective October 1, 2000, the E-Sign advertises using electronic exist, especially on third-party web Act permits depository institutions to communication can comply with the sites. Accordingly, these commenters provide disclosures using electronic
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communication, if the depository some believed that such tools might be unnecessary. Some commenters institution complies with the consumer helpful in directing consumers to suggested that the Board allow the consent requirements in Section 101(c). related information that explains the required disclosures to be accessible via Under section 101(c) of the E-Sign Act, terminology used in the disclosures. a clearly marked navigational tool; they depository institutions must provide Many Internet web sites use believe that once the tool is provided, specific information about the electronic navigational tools that are conspicuous the disclosure should be deemed to delivery of disclosures before obtaining through the use of bold text, larger fonts, have been provided to the consumer. the consumer’s affirmative consent to different colors, underlining, or other TISA and Regulation DD require that receive electronic disclosures. The methods of highlighting. Such tools are depository institutions provide or send consent requirements in the E-Sign Act not per se prohibited so long as they are disclosures to consumers. It is not are similar but not identical to the not used in a manner that would violate sufficient for institutions to provide a Board’s 1999 proposal. Accordingly, the clear and conspicuous standard. bypassable navigational tool that merely § 230.10(b) sets forth the general rule gives consumers the option of receiving Providing Timely Disclosures that depository institutions subject to disclosures. Such an approach reduces Regulation DD may provide disclosures Disclosures delivered electronically the likelihood that consumers actually electronically if the institution complies must comply with existing timing receive the disclosures. The interim with section 101(c) of the E-Sign Act. requirements under TISA and final rule ensures that consumers The E-Sign Act authorizes the use of Regulation DD. See § 230.4(a). actually see the disclosures provided electronic disclosures. The act does not Commenters on the Board’s 1999 electronically so that they have the affect any requirement imposed under proposals requested specific guidance opportunity to read them before opening TISA other than a provision that that an electronic disclosure would be an account. requires disclosures to be in paper form, considered timely based on the time it Commenters on the various proposals and the act does not affect the content is sent by e-mail or posted on an requested guidance on the depository or timing of disclosures. Electronic Internet web site, regardless of when the institution’s duty in cases where an disclosures are subject to the consumer receives or reads the automated teller machine (ATM) or regulation’s format, timing and disclosure. other automated equipment controlled retainability rules and the clear and Under the final rule, consistent with by the depository institution conspicuous standard. Comment 10(b)– rules for disclosures that are sent by malfunctions or otherwise fails to 1 contains this guidance. postal mail, disclosures provided by e- operate properly and cannot provide mail are timely when they are sent by timely disclosures. Where the Presenting Disclosures in a Clear and the required time. Disclosures posted depository institution controls the Conspicuous Format periodically at an Internet web site are equipment and disclosures are required Electronic disclosures must be clear timely if, by the required time, the at that time, an institution might not be and conspicuous, as is the case for all depository institution both makes the liable for failing to provide timely written disclosures under TISA and the disclosures available at that location disclosures if the defense in section Regulation DD. See §§ 230.3(a). An and, in accordance with § 230.10(d)(2), 271(c) of TISA is available. institution must provide electronic sends a notice alerting the consumer disclosures using a clear and that the disclosures have been posted. Providing Disclosures in a Form the conspicuous format. Also, in accordance For example, under § 230.5, institutions Consumer May Keep with the E-Sign Act: (1) The institution must give advance notice to affected Under TISA and Regulation DD, must disclose the requirements for customers at least 30 calendar days in disclosures required to be in writing accessing and retaining disclosures in advance of certain changes. For a also must be in a form the consumer can that format; (2) the consumer must change in terms notice posted on the retain. (See § 230.3(a)) Electronic demonstrate the ability to access the Internet, an institution must both post disclosures are subject to this information electronically and the notice and notify consumers of its requirement. Comment 10(b)–4 contains affirmatively consent to electronic availability at least 30 days in advance guidance on this requirement. delivery; and (3) the institution must of the change. Comment 10(b)–3(ii) Consumers may communicate provide the disclosures in accordance contains this guidance. electronically with depository with the specified requirements. Certain disclosures must be provided institutions through a variety of means Comment 10(b)–2 contains this before the consumer opens an account and from various locations. Depending guidance. or a service is provided. When a on the location (at home, at work, in a Comments posed a few questions depository institution permits the public place such as a library), a about the applicability of the clear and consumer to open an account on-line, consumer may not have the ability at a conspicuous standard to particular the consumer must be required to access given time to preserve TISA disclosures situations. Some asked whether the disclosures required under § 230.4 presented on-screen. To ensure that electronic advertisements or other before the account is opened. A link to consumers have an adequate unrelated promotional information may the disclosures satisfies the timing rule opportunity to access and retain the appear on the same screen as mandatory if the consumer cannot bypass the disclosures, the depository institution disclosures that are posted on an disclosure before opening the account. also must send them to the consumer’s Internet web site. Except to the extent Or, the disclosures in this example must designated e-mail address or make them required by the regulation, disclosures automatically appear on the screen, available at another location, for do not have to be provided separately even if multiple screens are required to example, on the depository institution’s from other information. Advertisements view the entire disclosure. Comment Internet web site, where the information should not be integrated into the text of 10(b)–3(i) contains this guidance, as may be retrieved at a later date. the disclosure in a manner that violates proposed. Where the depository institution the clear and conspicuous standard. Some industry commenters believed controls the equipment providing the Commenters also had questions about that requiring disclosures to electronic disclosures (for example, an the use of navigational tools with automatically appear or be accessed by ATM or computer terminal located in electronic disclosures. For example, the consumer is cumbersome and the depository institution’s lobby), the
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depository institution must ensure that communicate directly with a depository feasible. About an equal number of the consumer has the opportunity to institution on-line with the use of a commenters believed it was too retain the required information. computer and modem. These systems, burdensome and costly; some of these Comment 10(b)–5 contains this like a depository institution’s web site commenters suggested periods that guidance. accessed via the Internet, give ranged from 30 to 60 days. consumers access to information about The 1999 proposals provided that 10(c) When Consent Is Required their accounts at a location controlled after the 90-day time period, disclosures Under the E-Sign Act, consumers by the depository institution. In both would be available upon consumers’ must affirmatively consent before they cases, the depository institution request, generally for 24 months, in the receive electronic disclosures ‘‘relating determines how long disclosures will be same format as initially provided to the to a transaction’’ if the disclosures are available to the consumer. Consumers consumer. The 24-month period is required by law or regulation to be in who receive disclosures at their e-mail consistent with a depository writing. Section 230.10(c) is added to address may choose when to review, institution’s duty to retain records that provide that certain disclosures are not and for how long to retain, account evidence their compliance. Consumer deemed to be related to a transaction for information. Consumers who receive advocates supported the proposed purposes of the E-Sign Act’s consumer disclosures by contacting a depository retention period; some recommended consent provision. These include institution’s site, however, need to be that disclosures should be available disclosures in connection with alerted when the information is first upon request for the length of the advertisements (§ 230.8) and disclosures available in order to ensure that they contractual relationship with the about deposit accounts that are have the opportunity to access the consumer. provided upon request (§ 230.4(a)(2)). information before it is removed. Thus, Industry commenters strongly Advertising disclosures are available to disclosures provided using systems opposed the 24-month period. Many the general public. Consumers receiving such as home-banking programs are believed that keeping copies of disclosures on request may not open an treated in the same manner as electronic disclosures actually provided account; those that do open an account disclosures made available at an to consumers for that period of time will ultimately receive account opening Internet web site, and a notice alerting would be costly and burdensome. disclosures subject to the consent the consumer when disclosures are Moreover, industry commenters requirements. posted must be sent, by e-mail or to a believed that once a consumer has accessed the disclosures, the consumer 10(d) Address or Location To Receive postal address, at the depository institution’s option. rather than the depository institution Electronic Communication should have the duty to retain them for 10(d)(2) Consistent with the 1999 proposals, future reference. They also noted that the interim rule provides that Under § 230.10(d)(2)(i) of the interim under existing record retention depository institutions may deliver rule, for disclosures made available at requirements applicable to paper electronic disclosures by sending them an Internet web site, a notice alerting disclosures, a depository institution to a consumer’s e-mail address. the consumer when disclosures are need only demonstrate compliance with Alternatively, the rule provides that posted must be sent, by e-mail (or to a the rules, but need not retain copies of depository institutions may make the postal address, at the depository the actual disclosures provided to disclosures available at another location institution’s option). Section consumers. such as an Internet web site. If the 230.10(d)(2)(i) requires that the alert The requirement for depository depository institution makes a notice identify the account involved and institutions to retain the disclosures in disclosure available at such a location, the address or other location where the the format provided duplicate the depository institution effectively disclosure is available. Comment disclosures upon request for 24 months delivers the disclosure by sending a 10(d)(2)–1 provides guidance on the has not been adopted. A depository notice alerting the consumer when the level of detail required in identifying institution’s duty to retain evidence of disclosure can be accessed and making the account. compliance for 24 months remains the disclosure available for at least 90 As proposed, under § 230.10(d)(2)(ii) unchanged. days. The time period for keeping the interim rule, disclosures provided at disclosures available at a location such an Internet web site must remain 10(d)(3) Exceptions as a depository institution’s Internet available for at least 90 days. The Section 230.10(d)(3) is added to make web site under the interim rule differs requirement seeks to ensure that clear that the requirements of from the 1999 proposals, based on consumers have adequate time to access paragraphs (i) and (ii) of § 230.10(d)(2) commenters’ concerns as discussed and retain a disclosure under a variety do not apply to disclosures in certain below. of circumstances, such as when a advertisements (§ 230.8), and that consumer may not be able for an paragraph (ii) of § 230.10(d)(2) does not 10(d)(1) extended period of time to access the apply to disclosures made available For purposes of § 226.10(d), a information due to computer upon a consumer’s request (§ 230.4(a)). consumer’s electronic address is an e- malfunctions, travel, or illness. The 90- mail address that is not limited to day period is uniform for all 10(e) Redelivery receiving communications transmitted disclosures, for ease of compliance. Industry commenters on the 1998 solely by the depository institution, as Comment 10(d)(2)–2 is added to provide proposal asked for clarification that proposed. This guidance is contained in that during this period, the actual sending the electronic disclosures comment 10(d)(1)–1. disclosures must be available to the complies with the regulation, and that An electronic address would not consumer, but the institution has institutions are not required to confirm include systems that permit discretion to determine whether they that the consumer actually received communication only between the should be available at the same location them. Consumer advocates asked that consumer and the depository for the entire period. institutions be required to verify the institution, for example, home-banking Some industry commenters believed delivery of disclosures by return receipt, programs that allow consumers to the 90-day time period is reasonable and in the case of e-mail. In the 1999
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proposals, the Board solicited comment does not apply to situations where the still evolving, they believed that on the need for and the feasibility of disclosure is delivered but, for example, mandatory standards would be such a requirement. cannot be read by the consumer due to premature. Others believed that Consumer advocates believe that e- technical problems with the consumer’s imposing document integrity standards mail systems are not yet sufficiently software. A depository institution’s duty or requiring the use of certification reliable and that safeguards are to redeliver a disclosure under authorities would be costly to necessary to ensure that consumers § 230.10(e) does not affect the timeliness implement. actually receive disclosures. Industry of the disclosure. Depository The Board recognizes the concerns commenters stated that a return receipt institutions comply with the timing about document integrity, but believes it requirement would be costly and requirements of the regulation when a is not practicable at this time to impose burdensome, and would require disclosure is initially sent in a timely document integrity standards for depository institutions to monitor return manner, even though the disclosure is consumer disclosures or mandate the receipts in every case to determine that returned undelivered and the depository use of independent certification individual consumers received the institution is required under § 230.10(e) authorities. Effective methods may be disclosures. to take reasonable steps to attempt too costly. Other less costly methods Section 101(c) of the E-Sign Act redelivery. may deter alterations in some cases, but requires that consumers consent would not necessarily ensure document electronically, or confirm their consents 10(f) Entities Other Than a Depository integrity. electronically, in a manner that Institution Moreover, the issue of document reasonably demonstrates that the The requirements of § 230.8 apply to integrity affects electronic commerce consumer can access the information advertisements by deposit brokers. generally and is not unique to the that the institution will be providing. Section 230.10(f) is added to clarify that written disclosures required under the This requirement seeks to verify at the deposit brokers who are required to consumer protection laws administered outset that the consumer is actually comply with Regulation DD may use by the Board. Section 104(b)(3) of the E- capable of receiving the information in electronic communication to do so, Sign Act authorizes federal or state the electronic format being used by the provided the requirements of § 230.10 regulatory agencies to specify institution. After the consumer are satisfied. performance standards to assure the consents, the E-Sign Act also requires accuracy, record integrity, and the institution to notify consumers of Additional Issues accessibility of records that are required changes that materially affect Document Integrity to be retained, but prohibits the agencies consumers’ ability to access electronic from requiring the use of a particular disclosures. The interim rule does not impose type of software or hardware in order to The interim rule does not impose a document integrity standards. comply with record retention verification requirement because the Consumer advocates and others have requirements. Technology is likely to cost and burden associated with expressed concerns that electronic develop to protect electronic contracts verifying delivery of all disclosures documents can be altered more easily and other legal documents. Thus, it would not be warranted. When than paper documents. They say that seems premature for the Board to electronic disclosures are returned consumers’ ability to enforce rights specify any particular standards or undelivered, however, § 230.10(e) under the consumer protection laws methods for consumer disclosure at this imposes a duty to attempt redelivery could be impaired, in some cases, if the time. (either electronically or to a postal authenticity of disclosures they retain address) based on information in the cannot be demonstrated. V. Form of Comment Letters institution’s own files. Unlike paper Institutions are generally required to Comment letters should refer to disclosures delivered by the postal retain evidence of compliance with the Docket No. R–1044, and, when possible, service, there generally is no commonly- Board’s consumer regulations. should use a standard typeface with a accepted mechanism for reporting a Accordingly, the Board requested font size of 10 or 12. This will enable change in electronic address or for comment on the feasibility of requiring the Board to convert the text to forwarding e-mail. Where a depository institutions to have systems in place machine-readable form through institution actually knows that the capable of detecting whether or not electronic scanning, and will facilitate delivery of an electronic disclosure did information has been altered, or to use automated retrieval of comments for not take place, the institution should independent certification authorities to review. Also, if accompanied by an take reasonable steps to effectuate verify disclosure documents. original document in paper form, delivery in some way. For example, if Consumer advocates strongly comments may be submitted on 31⁄2 an e-mail message to the consumer supported document integrity inch computer diskettes in any IBM- (containing an alert notice or other requirements (including the use of compatible DOS-or Windows-based disclosure) is returned as undeliverable, certification authorities) that would format. the redelivery requirement is satisfied if apply to all-electronic disclosures. the institution sends the disclosure to a Signatures, notary seals, and verification VI. Regulatory Flexibility Analysis different e-mail address or postal procedures such as recordation are used The Board has reviewed these interim address that the institution has on file. to protect against alterations for amendments to Regulation DD in Sending the disclosures a second time transactions memorialized in paper accordance with section 3(a) of the to the same electronic address would form. Consumer advocates believe that Regulatory Flexibility Act (5 U.S.C. not be sufficient if the institution has a comparable verification procedures are § 604), the Board has reviewed these different address for the consumer on needed for electronic disclosures as interim amendments to Regulation DD. file. Comment 10(e)–1 provides this well. Two of the three requirements of a final guidance. Industry commenters opposed regulatory flexibility analysis under the This redelivery requirement is limited mandatory document integrity Act are (1) a succinct statement of the to situations where the electronic standards for electronic disclosures. need for and the objectives of the rule communication cannot be delivered and Because the technology in this area is and (2) a summary of the issues raised
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by the public comments, the agency’s of electronic disclosures, to ensure that § 230.3 General disclosure requirements. assessment of those issues, and a consumers have adequate opportunity (a) Form. Depository institutions shall statement of the changes made in the to access and retain the information. make the disclosures required by final rule in response to the comments. With respect to state member banks, it §§ 230.4 through 230.6 and § 230.10 of These two areas are discussed above. is estimated that there are 1,000 this part, as applicable, clearly and The third requirement of the analysis respondent/recordkeepers and an conspicuously, in writing, and in a form is a description of significant average frequency of 87,071 responses the consumer may keep. Disclosures for alternatives to the rule that would per respondent each year. Current each account offered by an institution minimize the rule’s economic impact on annual burden is estimated to be may be presented separately or small entities and reasons why the 1,482,000 hours. No comments combined with disclosures for the alternatives were rejected. This interim specifically addressing the burden institution’s other accounts, as long as it final rule is designed to provide estimate were received, therefore, the is clear which disclosures are applicable depository institutions with an numbers remain unchanged. There is to the consumer’s account. alternative method of providing estimated to be no additional cost * * * * * disclosures; the rule will relieve burden and no capital or start up cost compliance burden by giving depository associated with the interim rule. (g) Electronic communication. For rules governing the electronic delivery institutions flexibility in providing Because the records would be of disclosures, including the definition disclosures required by the regulation. maintained at state member banks and of electronic communication, see Overall, the costs of providing the notices are not provided to the § 230.10.0 electronic disclosures are not expected Federal Reserve, no issue of to have significant impact on small confidentiality arises under the 3. Section 230.4 is amended by entities. The expectation is that Freedom of Information Act. revising paragraph (a)(1) and paragraph providing electronic disclosures may (a)(2)(i) to read as follows: The Board has a continuing interest in ultimately reduce the costs associated the public’s opinions of the Federal with providing disclosures. § 230.4 Account disclosures. Reserve’s collections of information. At (a) Delivery of account disclosures. (1) VII. Paperwork Reduction Act any time, comments regarding the Account opening. (i) General. A In accordance with the Paperwork burden estimate, or any other aspect of depository institution shall provide Reduction Act of 1995 (44 U.S.C. 3506; this collection of information, including account disclosures to a consumer 5 CFR 1320 Appendix A.1), the Board suggestions for reducing the burden, before an account is opened or a service reviewed the rule under the authority may be sent to: Secretary, Board of is provided, whichever is earlier. An delegated to the Board by the Office of Governors of the Federal Reserve institution is deemed to have provided Management and Budget. The Federal System, 20th and C Streets, NW., a service when a fee required to be Reserve may not conduct or sponsor, Washington, DC 20551; and to the disclosed is assessed. Except as and an organization is not required to Office of Management and Budget, provided in paragraph (a)(1)(ii) of this respond to, this information collection Paperwork Reduction Project (7100– section, if the consumer is not present unless it displays a currently valid OMB 0271), Washington, DC 20503. at the institution when the account is control number. The OMB control VIII. Solicitation of Comments opened or the service is provided and number is 7100–0271. Regarding the Use of ‘‘Plain Language’’ has not already received the disclosures, The collection of information that is the institution shall mail or deliver the revised by this rulemaking is found in Section 722 of the Gramm-Leach- disclosures no later than 10 business 12 CFR part 230 and in Appendix B. Bliley Act of 1999 requires the Board to days after the account is opened or the This information is mandatory (15 use ‘‘plain language’’ in all proposed service is provided, whichever is earlier. U.S.C. 4301 et seq.) to evidence and final rules published after January (ii) Electronic communication. If a compliance with the requirements of the 1, 2000. The Board invites comments on consumer who is not present at the Regulation DD and the Truth in Savings whether the interim rule is clearly institution uses electronic Act (TISA). The respondents/ stated and effectively organized, and communication (as defined in § 230.10) recordkeepers are for-profit financial how the Board might make the rule to open an account or request a service, institutions, including small businesses. easier to understand. the disclosures required under Institutions are required to retain List of Subjects in 12 CFR Part 230 paragraph (a)(1) of this section must be records for twenty-four months. This provided before an account is opened or regulation applies to all types of Advertising, Banks, banking, a service is provided. depository institutions, not just state Consumer protection, Federal Reserve member banks. However, under System, Reporting and record keeping (2) Requests. (i) A depository Paperwork Reduction Act regulations, requirements, Truth in Savings. institution shall provide account disclosures to a consumer upon request. the Federal Reserve accounts for the For the reasons set forth in the burden of the paperwork associated If a consumer who is not present at the preamble, the Board amends Regulation institution makes a request, the with the regulation only for state DD, 12 CFR part 230, as set forth below: member banks. Other agencies account institution shall mail or deliver the for the paperwork burden on their PART 230—TRUTH IN SAVINGS disclosures within a reasonable time respective constituencies under this (REGULATION DD) after it receives the request and may regulation. provide the disclosures in paper form, The revisions provide that depository 1. The authority citation for part 230 or electronically if the consumer institutions may deliver disclosures continues to read as follows: provides an electronic mail address. electronically upon obtaining Authority: 12 U.S.C. 4301 et seq. * * * * * consumers affirmative consent in § 230.6 [Amended] accordance with the E-Sign Act. The 2. Section 230.3 is amended by revisions provide guidance to revising paragraph (a) and adding a new 4. Section 230.6 is amended by institutions on the timing and delivery paragraph (g) as follows: removing paragraph (c).
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5. Add a new § 230.10 to read as comply with this part may use bonus or annual percentage yield may be follows: electronic communication in accompanied by a link that directly takes the accordance with the requirements of consumer to the additional information. § 230.10 Electronic communication. this section, as applicable. (b) Permissible Rates (a) Definition. ‘‘Electronic 6. In Supplement I to Part 230, the * * * * * communication’’ means a message following amendments are made: 4. Electronic communication. An interest transmitted electronically between a a. Under Section 230.2 Definitions, rate may be stated only if it is provided in depository institution and a consumer under (q) Periodic statement, paragraph conjunction with, but not more in a format that allows visual text to be ii. is removed and paragraph iii. is conspicuously than, the annual percentage displayed on equipment, for example, a redesignated as paragraph ii. yield to which it relates. In an advertisement personal computer monitor. b. Under Section 230.4 Account using electronic communication, the consumer must be able to view both rates (b) General rule. In accordance with disclosures, under (a)(2) Requests, the Electronic Signatures in Global and simultaneously. This requirement is not under (a)(2)(i), paragraph 3. is revised satisfied if the consumer can view the annual National Commerce Act (the E-Sign Act) and a new paragraph 4. is added. percentage yield only by use of a link that (15 U.S.C. 7001 et seq.) and the rules of c. Under Section 230.8 Advertising, connects the consumer to information this part, a depository institution may under (a) Misleading or inaccurate appearing at another location. provide by electronic communication advertisements, a new paragraph 9. is * * * * * any disclosure required by this part to added. (e)(1) Certain Media be in writing. d. Under Section 230.8 Advertising, (c) When consent is required. Under under (b) Permissible rates, a new (e)(1)(i) the E-Sign Act, a depository institution paragraph 4. is added. 1. Internet advertisements. The exemption is required to obtain a consumer’s e. Under Section 230.8 Advertising, for advertisements made through broadcast affirmative consent when providing under (e)(1) Certain media, a new or electronic media does not extend to disclosures related to a transaction. For heading (e)(1)(i), and a new paragraph 1. advertisements made by electronic purposes of this requirement, the are added. communication, such as advertisements disclosures required under f. A new Section 230.10 Requirements posted on the Internet or sent by e-mail. §§ 230.4(a)(2) and 230.8 are deemed not for electronic communication is added * * * * * to be related to a transaction. at the end of Supplement I. Section 230.10 Electronic Communication (d) Address or location to receive The amendments read as follows: (b) General Rule electronic communication. A depository * * * * * institution that uses electronic 1. Relationship to the E-Sign Act. The E- communication to provide disclosures Supplement I to Part 230—Official Staff Sign Act authorizes the use of electronic Interpretations required by this part shall: disclosures. It does not affect any (1) Send the disclosure to the * * * * * requirement imposed under this part other than a provision that requires disclosures to consumer’s electronic address; or Section 230.4 Account Disclosures be in paper form, and it does not affect the (2) Make the disclosure available at (a) Delivery of Account Disclosures content or timing of disclosures. Electronic another location such as an Internet web * * * * * disclosures are subject to the regulation’s site; and format, timing, and retainability rules and the (i) Alert the consumer of the (a)(2) Requests clear and conspicuous standard. For disclosure’s availability by sending a (a)(2)(i) example, to satisfy the clear and conspicuous notice to the consumer’s electronic * * * * * standard for disclosures, electronic disclosures must use visual text. address (or to a postal address, at the 3. Timing for response. Ten business days 2. Clear and conspicuous standard. An depository institution’s option). The is a reasonable time for responding to institution must provide electronic notice shall identify the account requests for account information that disclosures using a clear and conspicuous consumers do not make in person, including involved (if applicable) and the address format. Also, in accordance with the E-Sign requests made by electronic communication. of the Internet web site or other location Act: where the disclosure is available; and 4. Requests by electronic communication. Posting disclosures on a depository i. The institution must disclose the (ii) Make the disclosure available for requirements for accessing and retaining at least 90 days from the date the institution’s web site generally does not relieve the institution’s duty to provide disclosures in that format; disclosure first becomes available or disclosures upon request. If the consumer ii. The consumer must demonstrate the from the date of the notice alerting the provides an e-mail address, the institution ability to access the information consumer of the disclosure, whichever may provide the disclosures electronically, electronically and affirmatively consent to comes later. but the institution must either send the electronic delivery; and (3) Exceptions. A depository disclosures by e-mail or send a notice to the iii. The institution must provide the consumer’s e-mail address pursuant to disclosures in accordance with the specified institution need not comply with requirements. paragraph (d)(2)(ii) of this section for § 230.10(d)(2)(i) to inform the consumer where the disclosures are posted. 3. Timing and effective delivery. i. When a disclosures required under § 230.4(a)(2), consumer opens an account on-line. When a and need not comply with paragraphs * * * * * consumer opens an account on-line, the (d)(2)(i) and (ii) of this section for Section 230.8 Advertising consumer must be required to access the disclosures required under § 230.8. disclosures required under § 230.4 before the (e) Redelivery. When a disclosure (a) Misleading or Inaccurate Advertisements account is opened or a service is provided, provided by electronic communication * * * * * whichever is earlier. A link to the disclosures is returned to a depository institution 9. Electronic advertising. If an satisfies the timing rule if the consumer undelivered, the depository institution advertisement using electronic cannot bypass the disclosures before opening communication displays a triggering term the account. Or the disclosures in this shall take reasonable steps to attempt (such as a bonus or annual percentage yield) example must automatically appear on the redelivery using information in its files. the advertisement must clearly refer the screen, even if multiple screens are required (f) Entities other than a depository consumer to the location where the to view the entire disclosure. The institution institution. A person other than a additional required information begins. For is not required to confirm that the consumer depository institution that is required to example, an advertisement that includes a has read the disclosure.
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ii. For disclosures provided periodically. discretion to determine whether they should DATES: The effective date of these Disclosures provided by mail are timely be available at the same location for the special conditions is March 27, 2001. based on when the disclosures are sent. entire period. Comments must be received on or Disclosures posted at an Internet web site, (e) Redelivery before May 21, 2001. such as periodic statements or change-in- terms and other notices, are timely when the 1. E-mail returned as undeliverable. If an ADDRESSES: Comments on these special institution has both made the disclosures e-mail to the consumer (containing an alert conditions may be mailed in duplicate available and sent a notice alerting consumer notice or other disclosure) is returned as to: Federal Aviation Administration, undeliverable, the redelivery requirement is that the disclosures have been posted. For Transport Airplane Directorate, example, under § 230.5, institutions must satisfied if, for example, the depository institution sends the disclosure to a different Attention: Rules Docket (ANM–114), give advance notice to affected customers at Docket No. NM187, 1601 Lind Avenue least 30 calendar days in advance of certain e-mail address or postal address that the depository institution has on file for the SW., Renton, Washington 98055–4056; changes. For a change in terms notice posted consumer. Sending the disclosures a second on the Internet, an institution must both post or delivered in duplicate to the time to the same electronic is not sufficient the notice and notify consumers of its Transport Airplane Directorate at the if the depository institution has a different availability at least 30 days in advance of the above address. All comments must be address for the consumer on file. change. marked: Docket No. NM187. Comments 4. Retainability of disclosures. Depository By order of the Board of Governors of the may be inspected in the Rules Docket institutions satisfy the requirement that Federal Reserve System, March 27, 2001. weekdays, except Federal holidays, disclosures be in a form that the consumer Robert deV. Frierson, between 7:30 a.m. and 4:00 p.m. may keep if electronic disclosures are Associate Secretary of the Board. delivered in a format that is capable of being FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–8149 Filed 4–3–01; 8:45 am] retained (such as by printing or storing Meghan Gordon, FAA, Standardization electronically). The format must also be BILLING CODE 6210–01–P Branch, ANM–113, Transport Airplane consistent with the information required to Directorate, Aircraft Certification be provided under 101(c)(1)(C)(i) of the E- Service, 1601 Lind Avenue SW., Sign Act 15 U.S.C. 7001(c)(1)(C)(i)) about the DEPARTMENT OF TRANSPORTATION Renton, Washington 98055–4056; hardware and software requirements for telephone (425) 227–2138; facsimile accessing and retaining electronic Federal Aviation Administration (425) 227–1149. disclosures. SUPPLEMENTARY INFORMATION: 5. Disclosures provided on depository 14 CFR Part 25 institution’s equipment. A depository Comments Invited institution that controls the equipment [Docket No. NM187; Special Conditions No. providing electronic disclosures to 25–176–SC] The FAA has determined that good consumers (for example, a computer terminal cause exists for making these special located in a depository institution’s lobby or Special Conditions: McDonnell conditions effective upon issuance; at a public kiosk) must ensure that the Douglas Model DC–8–71/–73/–73F however, interested persons are invited equipment satisfies the regulation’s Series Airplanes; High-Intensity to submit such written data, views, or requirements to provide timely disclosures in Radiated Fields (HIRF) arguments, as they may desire. a clear and conspicuous format and in a form Communications should identify the that the consumer may keep. For example, if AGENCY: Federal Aviation disclosures are required at the time of an on- Administration (FAA), DOT. regulatory docket or notice number and line transaction, the disclosures must be sent ACTION: Final special conditions; request be submitted in duplicate to the address to the consumer’s e-mail address or must be for comments. specified above. All communications posted at another location such as the received on or before the closing date institution’s Internet web site, unless the SUMMARY: These special conditions are for comments will be considered by the institution provides a printer that issued for McDonnell Douglas Model Administrator. These special conditions automatically prints the disclosures. DC–8–71/–73/–73F series airplanes may be changed in light of the (d) Address or Location To Receive modified by Hollingsead International, comments received. All comments Electronic Communication Inc. These modified airplanes will have received will be available in the Rules (d)(1) novel or unusual design features when Docket for examination by interested compared to the state of technology persons, both before and after the 1. Electronic address. A consumer’s electronic address is an e-mail address that envisioned in the airworthiness closing date for comments. A report is not limited to receiving communications standards for transport category summarizing each substantive public transmitted solely by the depository airplanes. The modification contact with FAA personnel concerning institution. incorporates the installation of new this rulemaking will be filed in the (d)(2) Liquid Crystal Flight Instruments, the docket. Commenters wishing the FAA to Attitude Directional Indicator (ADI) and acknowledge receipt of their comments 1. Identifying account involved. A the Horizontal Situation Indicator (HSI). depository institution may identify a specific submitted in response to this notice account in a variety of ways and is not The liquid crystal flight instruments must include a self-addressed, stamped required to identify an account by reference will utilize electrical and electronic postcard on which the following to the account number. For example, where systems that perform critical functions. statement is made: ‘‘Comments to the consumer has only one deposit account, The applicable airworthiness Docket No. NM187.’’ The postcard will and no confusion would result, the regulations do not contain adequate or be date stamped and returned to the depository institution may refer to ‘‘your appropriate safety standards for the commenter. deposit account.’’ If the consumer has two protection of these systems from the accounts, the depository institution may, for effects of high-intensity-radiated fields Background example, differentiate accounts by using (HIRF). These special conditions On October 20, 2000, Hollingsead terms such as ‘‘primary account’’ and ‘‘secondary account’’ or by using a truncated contain the additional safety standards International, Inc., 7416 Hollister account number. that the Administrator considers Avenue, Goleta, California 93117–2538, 2. 90-day rule. The actual disclosures necessary to establish a level of safety applied for a Supplemental Type provided to consumer must be available for equivalent to that established by the Certificate (STC) for the McDonnell at least 90 days, but the institution has existing airworthiness standards. Douglas Model DC–8–71/–73/–73F
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series airplanes. The McDonnell prescribed under the provisions of To ensure that a level of safety is Douglas Model DC–8–71/–73/–73F § 21.16. achieved that is equivalent to that series airplanes are equipped with four In addition to the applicable intended by the regulations CFM56 high bypass turbofan engines. airworthiness regulations and special incorporated by reference, special The aircraft have a crew of three with conditions, the McDonnell Douglas conditions are needed for the additional seating for four, consisting of Model DC–8–71/–73/–73F series McDonnell Douglas Model DC–8–71/ two jump seats in the cockpit and two airplanes must comply with the fuel –73/–73F airplanes modified to include seats aft of the cockpit bulkhead. The vent and exhaust emission requirement the Rockwell Collins FPI–920 liquid aircraft are operated by Emery of 14 CFR part 34 and the noise crystal flight instruments, Attitude Worldwide Airlines as Class E certification requirement of 14 CFR part Directional Indicator (ADI) and freighters. The McDonnell Douglas 36. Horizontal Situation Indicator (HSI). Model DC–8–71/–73/–73F airplanes Special conditions, as defined in These special conditions will require will incorporate Rockwell Collins FPI– § 11.19, are issued in accordance with that these instruments, which perform 920 liquid crystal flight instruments. § 11.38 and become part of the type critical functions, be designed and The modified airplanes are scheduled certification basis in accordance with installed to preclude component for certification in October 2001. § 21.101(b)(2). damage and interruption of function These functions can be susceptible to Special conditions are initially due to both the direct and indirect disruption of both command and applicable to the model for which they effects of HIRF. response signals as a result of electrical are issued. Should the applicant apply High-Intensity Radiated Fields (HIRF) and magnetic interference caused by for a supplemental type certificate to HIRF external to the airplane. This modify any other model included on the With the trend toward increased disruption of signals could result in loss same type certificate to incorporate the power levels from ground-based of critical flight displays and same novel or unusual design features, transmitters, plus the advent of space annunciations, or could present these special conditions would also and satellite communications coupled misleading information to the pilot. apply to the other model under the with electronic command and control of provisions of § 21.101(a)(1). the airplane, the immunity of critical Type Certification Basis digital avionics systems to HIRF must be Novel or Unusual Design Features established. Under the provisions of 14 CFR The McDonnell Douglas Model DC–8– It is not possible to precisely define 21.101, Hollingsead International, Inc, 71/–73/–73F series airplanes will the HIRF to which the airplane will be must show that the McDonnell Douglas incorporate the Rockwell Collins FPI– exposed in service. There is also Model DC–8–71/–73/–73F series 920 liquid crystal flight instruments, uncertainty concerning the effectiveness airplanes, as changed, continue to meet ADI and HSI, which perform critical of airframe shielding for HIRF. the applicable provisions of the functions. The liquid crystal flight Furthermore, coupling of regulations incorporated by reference in instruments contain electronic electromagnetic energy to cockpit- Type Certificate No. 4A25, or the equipment for which the current installed equipment through the cockpit applicable regulations in effect on the airworthiness standards (14 CFR part window apertures is undefined. Based date of application for the change. The 25) do not contain adequate or on surveys and analysis of existing HIRF regulations incorporated by reference in appropriate safety standards that emitters, an adequate level of protection the type certificate are commonly address protecting this equipment from exists when compliance with the HIRF referred to as the ‘‘original type the adverse effects of HIRF. These protection special condition is shown certification basis.’’ The regulations instruments may be vulnerable to HIRF with either paragraph 1 or 2 below: included in the certification basis for external to the airplane. Accordingly, 1. A minimum threat of 100 volts rms the McDonnell Douglas Model DC–8– these instruments are considered to be per meter electric field strength from 10 71/–73/–73F series airplanes include a novel or unusual design feature. KHz to 18 GHz. Title 14, Code of Federal Regulations a. The threat must be applied to the (14 CFR) part 25, as amended by Discussion system elements and their associated Amendment 25–1 through Amendment There is no specific regulation that wiring harnesses without the benefit of 25–91. addresses the requirements for airframe shielding. If the Administrator finds that the protection of electrical and electronic b. Demonstration of this level of applicable airworthiness regulations systems from HIRF. Increased power protection is established through system (i.e., part 25, as amended) do not levels from ground-based radio tests and analysis. contain adequate or appropriate safety transmitters and the growing use of 2. A threat external to the airframe of standards for the McDonnell Douglas sensitive electrical and electronic the following field strengths for the Model DC–8–71/–73/–73F series systems to command and control frequency ranges indicated. Both peak airplanes because of a novel or unusual airplanes have made it necessary to and average field strength components design feature, special conditions are provide adequate protection. from the Table are to be demonstrated.
Field strength (volts per meter) Frequency Peak Average
10 kHz–100 kHz ...... 50 50 100 kHz–500 kHz ...... 50 50 500 kHz–2 MHz ...... 50 50 2 MHz–30 MHz ...... 100 100 30 MHz–70 MHz ...... 50 50 70 MHz–100 MHz ...... 50 50 100 MHz–200 MHz ...... 100 100
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Field strength (volts per meter) Frequency Peak Average
200 MHz–400 MHz ...... 100 100 400 MHz–700 MHz ...... 700 50 700 MHz–1 GHz ...... 700 100 1 GHz–2 GHz ...... 2000 200 2 GHz–4 GHz ...... 3000 200 4 GHz–6 GHz ...... 3000 200 6 GHz–8 GHz ...... 1000 200 8 GHz–12 GHz ...... 3000 300 12 GHz–18 GHz ...... 2000 200 18 GHz–40 GHz ...... 600 200
The field strengths are expressed in terms of peak of the root-mean-square (rms) over the complete modulation period.
The threat levels identified above are have been submitted in response to the DEPARTMENT OF TRANSPORTATION the result of an FAA review of existing prior opportunities for comment studies on the subject of HIRF, in light described above. Federal Aviation Administration of the ongoing work of the Electromagnetic Effects Harmonization List of Subjects in 14 CFR Part 25 14 CFR Part 39 Working Group of the Aviation Aircraft, Aviation safety, Reporting [Docket No. 99–NE–21–AD; Amendment 39– Rulemaking Advisory Committee. and recordkeeping requirements. 12168; AD 2001–07–03] Applicability The authority citation for these RIN 2120–AA64 As discussed above, these special special conditions is as follows: conditions are applicable to the Airworthiness Directives; Hartzell McDonnell Douglas Model DC–8–71/– Authority: 49 U.S.C. 106(g), 40113, 44701, Propeller Inc. Y-Shank Series 73/–73F series airplanes modified by 44702, 44704. Propellers Hollingsead International, Inc. to The Special Conditions AGENCY: Federal Aviation include the Rockwell Collins FPI–920 Administration, DOT. liquid crystal flight instruments, ADI Accordingly, pursuant to the ACTION: Final rule. and HSI. Should Hollingsead authority delegated to me by the International apply at a later date for a Administrator, the following special SUMMARY: This amendment adopts a supplemental type certificate to modify conditions are issued as part of the new airworthiness directive (AD) that is any other model included on Type supplemental type certification basis for applicable to certain Hartzell Propeller Certificate No. 4A25 to incorporate the the McDonnell Douglas Model DC–8– Inc. Y-shank series propellers, identified same novel or unusual design features, 71/–73/–73F series airplanes modified by hub serial numbers, that were these special conditions would apply to by Hollingsead International, Inc. returned to service by Brothers Aero that model as well under the provisions 1. Protection from Unwanted Effects Services Company, Inc. (BASCO). This of § 21.101(a)(1). of High-Intensity Radiated Fields AD requires maintenance actions Conclusion (HIRF). Each electrical and electronic amounting to an overhaul of affected propellers. This amendment is This action affects only certain novel system that performs critical functions must be designed and installed to prompted by reports of propellers or unusual design features on the returned to service by BASCO as ensure that the operation and McDonnell Douglas Model DC–8–71/ overhauled that had numerous unsafe operational capability of these systems –73/–73F series airplanes modified by conditions after being returned to Hollingsead International, Inc. It is not to perform critical functions are not service by BASCO. The actions a rule of general applicability and adversely affected when the airplane is specified by this AD are intended to affects only the applicant who applied exposed to high-intensity radiated prevent propeller failure of the to the FAA for approval of these features fields. propellers returned to service by on the airplanes. 2. For the purpose of these special BASCO, and possible loss of airplane The substance of the special conditions, the following definition control. conditions has been subjected to the applies: Critical Functions: Functions notice and comment period in several DATES: Effective date June 4, 2001. whose failure would contribute to or prior instances and has been derived ADDRESSES: The service information without substantive change from those cause a failure condition that would referenced in this AD may be obtained previously issued. It is unlikely that prevent the continued safe flight and from Hartzell Propeller Inc., Technical prior public comment would result in a landing of the airplane. Publications Department, One Propeller significant change from the substance Issued in Renton, Washington, on March Place, Piqua, OH 45356; telephone (937) contained herein. For this reason, the 27, 2001. 778–4200, fax (937) 778–4365. This FAA has determined that prior public Ali Bahrami, information may be examined at the notice and comment are unnecessary Acting Manager, Transport Airplane Federal Aviation Administration (FAA), and impracticable, and good cause Directorate, Aircraft Certification Service. New England Region, Office of the exists for adopting these special [FR Doc. 01–8189 Filed 4–3–01; 8:45 am] Regional Counsel, 12 New England conditions upon issuance. The FAA is Executive Park, Burlington, MA. The requesting comments to allow interested BILLING CODE 4910–13–U rulemaking docket may be examined at persons to submit views that may not the FAA, New England Region, Office of
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the Regional Counsel, 12 New England This AD requires maintenance actions agrees. The FAA is continuing to Executive Park, Burlington, MA. that amount to an overhaul of the investigate this concern and will FOR FURTHER INFORMATION CONTACT: affected propellers, identified by hub continue to accept comments on this Tomaso DiPaolo, Aerospace Engineer, SN. One of the required actions is a cold issue. At this point, however, the AD is Chicago Aircraft Certification Office, rolling operation on the blade shanks, limited to the denoted propellers, until FAA, Small Airplane Directorate, 2300 which is part of the manufacturer’s the FAA has sufficient evidence to East Devon Avenue, Des Plaines, IL recommended overhaul. Not all support a finding that an unsafe 60018; telephone (847) 294–7031, fax propeller repair facilities have the condition is likely to exist on other (847) 294–7834. equipment to properly perform this propellers. If sufficient evidence is operation. Additionally, repair facilities found to warrant expanding the SUPPLEMENTARY INFORMATION: A must first be qualified by the applicability to additional propellers, proposal to amend part 39 of the Federal manufacturer to perform the process the FAA will revise the AD. It is noted Aviation Regulations (14 CFR part 39) to and then repetitively requalify and that some of the serial numbers in Table include an airworthiness directive (AD) recalibrate the machine used in the 1 were not recognized by Hartzell, but that is applicable to certain Hartzell process. that the repair station documentation Propeller Inc. Y-shank series propellers, was adequate to substantiate those to be identified by hub serial numbers (SN’s), Comments Received Hartzell propellers with possible partial that were returned to service by BASCO Interested persons have been afforded or fabricated SN’s. was published in the Federal Register an opportunity to participate in the on September 20, 1999 (64 FR 50781). making of this amendment. Due FAA Determination The FAA examined the results of consideration has been given to the After careful review of the available teardown inspections of six Hartzell comments received. data, including the comments noted Propeller Inc. Y-Shank series propellers Request for Propeller Model Number above, the FAA has determined that air returned to service as overhauled by safety and the public interest require the BASCO. Those propellers contained Cross Reference to Hub SN’s Listed in This AD adoption of the rule with the changes numerous unsafe conditions. BASCO described previously. The FAA has formerly held Air Agency Certificate Two commenters request that the determined that the changes based upon Number B4TR903J. That certificate was propeller model number be listed with the above comments will neither revoked by an Amended Order of the corresponding hub SN. One increase the economic burden on any Revocation, dated May 12, 1999. The commenter feels that listing the operator nor increase the scope of the investigation that led to that Order of propeller model number will simplify AD. Revocation revealed that an additional the process of determining whether the 71 propellers had been returned to propeller is affected by this AD. Another Economic Impact service by BASCO from November 1996 commenter performed a computer The FAA estimates that 77 propellers through October 1998 that likely have search and did not find the AD to be installed on airplanes of U.S. registry the same unsafe conditions present. The applicable when it was. The FAA agrees would be affected by this proposed AD following unsafe conditions have been in part. Due to the inaccuracies of model and that it would cost on average found in propellers returned to service identifiers in the repair station approximately $1,300 to overhaul each by BASCO: documentation, the FAA is unable to propeller. Based on these figures, the • BASCO either introduced or failed delineate specific propeller models total cost impact of the AD on U.S. to remove potential failure sites (nicks without causing greater confusion. In operators is estimated to be $100,100. and scratches) in the shank area of the addition, listing all the various propeller blades, models will be too voluminous. Regulatory Impact • BASCO failed to perform a cold However, the applicability paragraph This rule does not have federalism rolling operation on propeller blade has been rewritten to clarify that the AD implications, as defined in Executive shanks, applies to the ‘‘Y-shank series Order 13132, because it does not have • Scratches were found in the blade propellers’’ identified by hub SN, and a substantial direct effect on the States, internal bearing bore radius, by denoting a general model number for on the relationship between the national • Blades were found to be below the Y-shank series propeller models. government and the States, or on the minimum dimensions, Concerning the computer search distribution of power and • Alodine and paint were applied problems, it is unfortunate that the responsibilities among the various over corrosion on hubs and blades, cumbersome propeller nomenclature levels of government. Accordingly, the • Low pitch blade angles were out of system causes difficulties in computer FAA has not consulted with state specification, searches. This problem should be authorities prior to publication of this • The blade surface, beneath the de- directed to the private software rule. ice boots, was not painted nor treated company, which may be able to address For the reasons discussed above, I with a chemical conversion coating it in the future. certify that this action (1) is not a (Alodine), ‘‘significant regulatory action’’ under • Bolts were incorrectly torqued, Request To Expand the Applicability to Executive Order 12866; (2) is not a • Wrong parts were used or parts Additional Propellers ‘‘significant rule’’ under DOT were incorrectly installed, Two commenters request that the AD Regulatory Policies and Procedures (44 • Parts intended for removal from be expanded to mandate that any FR 11034, February 26, 1979); and (3) service at overhaul and to be replaced propeller that was returned to service by will not have a significant economic with new, unused parts, were reused. BASCO, regardless of manufacturer, be impact, positive or negative, on a These conditions, if not corrected, affected by the AD. The commenters substantial number of small entities could result in propeller failure of the believe that the unsafe conditions under the criteria of the Regulatory propellers returned to service by introduced by BASCO could have been Flexibility Act. A final evaluation has BASCO, and possible loss of airplane introduced into any propeller they been prepared for this action and it is control. returned to service. The FAA partially contained in the Rules Docket. A copy
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of it may be obtained from the Rules Federal Aviation Regulations (14 CFR 2001–07–03 Hartzell Propeller Inc.: Docket at the location provided under part 39) as follows: Amendment 39–12168. Docket No. 99– the caption ADDRESSES. NE–21–AD: PART 39—AIRWORTHINESS List of Subjects in 14 CFR Part 39 Applicability. This AD is applicable to all DIRECTIVES Hartzell Propeller Inc. Y-shank series Air transportation, Aircraft, Aviation 1. The authority citation for part 39 propellers and those identified by hub serial safety, Safety. continues to read as follows: numbers (SN’s) in Table 1 of this airworthiness directive (AD). The Y-shank Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40113, 44701. series propellers has the letter Y in the model number which can be denoted in general as: Accordingly, pursuant to the § 39.13 [Amended] ( )HC–( )( )Y( )–(). authority delegated to me by the 2. Section 39.13 is amended by Administrator, the Federal Aviation adding the following new airworthiness Administration amends part 39 of the directive:
TABLE 1.—HUB SERIAL NUMBERS
121, 251, 715, 1111, 1387, 1661, 2383, 2479, 2883, 3059, 3343, 3479, 3717, 3890, 3990, 4690, and 5523
AM911
AN1309, AN2773, AN2826, AN2828, and AN3883
AU42, AU696, AU814, AU992, AU1226, AU1290, AU1416, AU2641, AU2643, AU2658, AU2699, AU2847, AU7186E, AU8364A, AU8418A and AU12997
BP344, BP715, BP1276, BP1772, BP2121, BP3811, BP3763, BP3978, BP5674, BP6126, BP6194, BP7141, BP7297, BP7513, BP8199, BP8708, and BP9586
CH6190 & CH19251
CJ52, CJ54, CJ419, and CJ649
DA1404 and DA1418
DG101
DJ4431, DJ4449, DJ9521A, DJ10407A, DJ11249A, DJ11880A, and DJ11881A
DN3775
DV11 and DV12
FH307 P560
Note 1: This AD applies to each propeller Compliance (4) Repair and replace with serviceable identified in the preceding applicability Compliance with this AD is required as parts, as necessary, provision, regardless of whether it has been indicated, unless accomplished previously. (5) Perform a cold roll operation on the modified, altered, or repaired in the area To prevent propeller failure of the blade shanks, subject to the requirements of this AD. For propellers returned to service by BASCO, and (6) Reassemble and test. propellers that have been modified, altered, possible loss of airplane control, accomplish Note 3: Information on performing an or repaired so that the performance of the the following: overhaul of the affected propellers may be requirements of this AD is affected, the Required Actions found in the applicable Hartzell Propeller Inc. Overhaul Manual. owner/operator must request approval for an (a) Within 10 hours time-in-service after alternative method of compliance in the effective date of this AD, accomplish the Note 4: For a current list of propeller accordance with paragraph (c) of this AD. following: overhaul facilities approved to perform the The request should include an assessment of (1) Disassemble, blade shank cold rolling procedure contact the effect of the modification, alteration, or (2) Clean, Hartzell Product Support, telephone: (937) repair on the unsafe condition addressed by (3) Inspect for the following: 778–4379. Not all propeller repair facilities this AD; and, if the unsafe condition has not (i) Nicks, have the equipment to properly perform a been eliminated, the request should include (ii) Scratches, cold roll of the blade shanks. specific proposed actions to address it. (iii) Failure of blades to meet minimum dimensions, Alternative Methods of Compliance Note 2: This AD is limited to propellers (iv) Alodine or paint or both applied over (c) An alternative method of compliance or returned to service from November 1996 to corrosion, adjustment of the compliance time that October 1998 by Brothers Aero Service (v) Lack of chemical conversion coating provides an acceptable level of safety may be Company, Inc. (BASCO), Air Agency applied beneath the de-ice boots, used if approved by the Manager, Chicago Certificate Number B4TR903J, revoked by (vi) Bolts incorrectly torqued, (vii) Incorrect parts, Aircraft Certification Office. Operators shall Amended Order of Revocation, dated May (viii) Incorrect installation of parts, and submit their request through an appropriate 12, 1999. (ix) Reinstallation of parts intended for FAA Principal Maintenance Inspector, who one-time use. may add comments and then send it to the
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Manager, Chicago Aircraft Certification Correction potential impeachment information Office. In rule FR Doc. 01–1164 published on received from the Department’s Note 5: Information concerning the investigative agencies, in accordance existence of approved alternative methods of January 19, 2001, make the following correction: with Giglio v. United States, 405 U.S. compliance with this airworthiness directive, 150 (1972). It permits the United States if any, may be obtained from the Chicago On page 5480, in the second column, Attorneys’ offices to obtain from federal Aircraft Certification Office. the third and last sentences of and state agencies and to maintain and § 25.284(d) are corrected to read as Special Flight Permits disclose for law enforcement purposes follows: (d) Special flight permits may be issued in records of impeachment information accordance with §§ 21.197 and 21.199 of the § 25.284 Adjustment of Tax. that is material to the defense. The Federal Aviation Regulations (14 CFR 21.197 * * * * * exemptions are necessary as explained and 21.199) to operate the airplane to a (d) Beer lost, destroyed or rendered in the accompanying rule. location where the requirements of this AD EFFECTIVE DATE: April 4, 2001. can be accomplished. unmerchantable. * * * A brewer may not make an FOR FURTHER INFORMATION CONTACT: Effective Date of This AD adjustment prior to notification required Mary Cahill, 202–307–1823. (e) This amendment becomes effective on under § 25.282(e). When beer appears to SUPPLEMENTARY INFORMATION: On June 4, 2001. have been lost due to theft, the brewer December 1, 2000, (65 FR 75201) a Issued in Burlington, Massachusetts, on may not make an adjustment to the tax proposed rule was published in the March 27, 2001. return until establishing to the Federal Register in an invitation to Diane S. Romanosky, satisfaction of the appropriate ATF comment. No comments were received. Acting Manager, Engine and Propeller officer that the theft occurred before This order relates to individuals Directorate, Aircraft Certification Service. removal from the brewery and occurred rather than small business entities. [FR Doc. 01–8066 Filed 4–3–01; 8:45 am] without connivance, collusion, fraud, or Nevertheless, pursuant to the requirements of the Regulatory BILLING CODE 4910–13–U negligence on the part of the brewer, consignor, consignee, bailee, or carrier, Flexibility Act, 5 U.S.C. 601–612, it is or the employees or agents of any of hereby stated that the order will not them. have ‘‘a significant economic impact on DEPARTMENT OF THE TREASURY * * * * * a substantial number of small entities.’’ Bureau of Alcohol, Tobacco and Signed: March 29, 2001. List of Subjects in 28 CFR Part 16 Firearms Bradley A. Buckles, Administrative Practices and Director. Procedures, Courts, Freedom of 27 CFR Part 25 [FR Doc. 01–8261 Filed 4–2–01; 8:45 am] Information Act, Government in the Sunshine Act, and the Privacy Act. [T.D. ATF–437a] BILLING CODE 4810–31–P Dated: March 29, 2001. RIN 1512–AC07 Stephen R. Colgate, DEPARTMENT OF JUSTICE Assistant Attorney General for Delegation of Authority for Part 25 Administration. 28 CFR Part 16 ACTION: Treasury Decision, final rule; Pursuant to the authority vested in the correction. [AAG/A Order No. 224–2001] Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General SUMMARY: This document makes one Privacy Act of 1974; Implementation Order No. 793–78, 28 CFR part 16 is correction to a final rule published in amended as follows: AGENCY: the Federal Register of January 19, Department of Justice. 2001, regarding delegation of authorities ACTION: Final rule. PART 16—[AMENDED] contained in part 25, title 27 Code of SUMMARY: The Department of Justice is 1. The authority for part 16 continues Federal Regulations (CFR). exempting a Privacy Act system of to read as follows: DATES: This rule is effective January 19, records from subsections (c)(3) and (4), Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 2001. (d), (e)(1), (e)(2), (e)(4)(G) and (H), (e)(5), 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510, FOR FURTHER INFORMATION CONTACT: (f), and (g) of the Privacy Act, 552 U.S.C. 534; 31 U.S.C. 3717, 9701. Robert Ruhf, Regulations Division, 552a. This system of records is 2. Section 16.81 is amended by Bureau of Alcohol, Tobacco and maintained by the Executive Office for redesignating current paragraph (g) as (i) Firearms, 650 Massachusetts Avenue United States Attorneys and the ninety- and adding paragraphs (g) and (h) to NW., Washington, DC 20226 (202–927– four United States Attorneys’ offices read as follows: 8210). (see Appendix identified as Justice/ SUPPLEMENTARY INFORMATION: USA–999, last published February 3, § 16.81 Exemption to the United States 1993 (58 FR 6983), and posted on the Attorneys Systems—limited access. Background internet website of the Executive Office * * * * * The Bureau of Alcohol, Tobacco and for United States Attorneys at http:// (g) The Giglio Impeachment Files Firearms (ATF) published a document www.usdoj.gov/eousa). The system is (JUSTICE/USA–018) system of records in the Federal Register of January 19, entitled, ‘‘United States Attorneys’ is exempt from 5 U.S.C. 552a 2001 (66 FR 5477). The words ‘‘regional Office, Giglio Information Files, subsections (c)(4), (e)(2), (e)(5), and (g) director (compliance)’’ in the last JUSTICE/USA–018.’’ The ‘‘United States of the Privacy Act, pursuant to 5 U.S.C. sentence of § 25.284(d) should have Attorneys’ Office, Giglio Information 552a(j)(2), and exempt from subsections been changed to ‘‘appropriate ATF Files, JUSTICE/USA–018’’ enables (c)(3), (d), (e)(1), (e)(4)(G) and (H), and officer’’. This document corrects this United States Attorneys’ offices to (f), pursuant to 5 U.S.C. 552a(j)(2) and error. maintain and disclose records of (k)(2). These exemptions apply to the
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extent that information in this system is DEPARTMENT OF TRANSPORTATION normal operation as soon as possible. subject to exemption pursuant to 5 This deviation from the operating U.S.C. 552a(j)(2) and (k)(2). Coast Guard regulations is authorized under 33 CFR (h) Exemptions from the particular 117.35. 33 CFR Part 117 subsections are justified for the Dated: March 23, 2001. following reasons: [CGD01–01–036] G.N. Naccara, (1) From subsection (c)(3); because an exemption is being claimed for Rear Admiral, U.S. Coast Guard, Commander, Drawbridge Operation Regulations: First Coast Guard District. subsection (d), this subsection will not Chelsea River, MA be applicable. [FR Doc. 01–8183 Filed 4–3–01; 8:45 am] (2) From subsection (c)(4); because an AGENCY: Coast Guard, DOT. BILLING CODE 4910–15–U exemption is being claimed for ACTION: Notice of temporary deviation subsection (d), this subsection will not from regulations. DEPARTMENT OF TRANSPORTATION be applicable. SUMMARY: The Commander, First Coast (3) From subsection (d); because Coast Guard access to the records contained in these Guard District, has issued a temporary deviation from the drawbridge operation systems is not necessary or may impede 33 CFR Part 117 an ongoing investigation. Most regulations governing the operation of information in the records is derivative the Chelsea Street Bridge, at mile 1.2, [CGD01–01–040] from the subject’s employing agency across the Chelsea River between East files, and individual access will be Boston and Chelsea, Massachusetts. Drawbridge Operation Regulations: through the employing agency’s files. This deviation allows the bridge owner Hutchinson River, (Eastchester Creek), Additionally, other information in the to keep the bridge in the closed position NY for four days to perform necessary records may be related to allegations AGENCY: Coast Guard, DOT. against an agent or witness that are maintenance at the bridge. This action is necessary to facilitate emergency ACTION: Notice of temporary deviation currently being investigated. Providing from regulations. access to this information would maintenance at the bridge. impede the ongoing investigation. DATES: This deviation is effective from SUMMARY: The Commander, First Coast (4) From subsection (e)(1); because in April 4, 2001 through May 19, 2001. Guard District, has issued a temporary the interest of effective law enforcement FOR FURTHER INFORMATION CONTACT: John deviation from the drawbridge operation and criminal prosecution, Giglio records W. McDonald, Project Officer, First regulations governing the operation of will be retained because they could later Coast Guard District, at (617) 223–8364. the South Fulton Avenue Bridge, at mile be relevant in a different case; however, SUPPLEMENTARY INFORMATION: The 2.9, across the Eastchester Creek in this relevance cannot be determined in Chelsea Street Bridge, at mile 1.2, across Mount Vernon, New York. This advance. the Chelsea River, has a vertical deviation allows the bridge owner to (5) From subsection (e)(2); because the clearance of 9 feet at mean high water, need not open the bridge for vessel nature of the records in this system, and 19 feet at mean low water in the traffic for five successive weeks, 8 a.m., which are used to impeach or closed position. The existing on Monday through 4:30 p.m., on demonstrate bias of a witness, requires drawbridge operating regulations are Thursday, beginning Monday, April 16, that the information be collected from listed at 33 CFR 117.593. 2001 through Thursday, May 17, 2001. others. The bridge owner, the City of Boston, This action is necessary to facilitate (6) From subsections (e)(4)(G) and (H); requested a temporary deviation from necessary maintenance at the bridge. because this system of records is exempt the drawbridge operating regulations to DATES: This deviation is effective from from individual access pursuant to facilitate emergency structural April 16, 2001 through May 17, 2001. subsections (j) and (k) of the Privacy Act maintenance and repairs at the bridge. FOR FURTHER INFORMATION CONTACT: Mr. of 1974. This deviation from the operating Joseph Schmied, Project Officer, First (7) From subsection (e)(5); because the regulations allows the bridge owner to information in these records is not being Coast Guard District, at (212) 668–7195. keep the bridge in the closed position as SUPPLEMENTARY INFORMATION: The South used to make a determination about the follows: subject of the records. According to Fulton Avenue Bridge, at mile 2.9, constitutional principles of fairness 6 a.m. on April 4, 2001 through 6 a.m. across the Eastchester Creek has a articulated by the Supreme Court in on April 5, 2001; vertical clearance of 6 feet at mean high United States v. Giglio, the records are 6 a.m. on April 20, 2001 through 6 a.m. water and 13 feet at mean low water in required to be disclosed to criminal on April 21, 2001; the closed position. The existing 6 a.m. on May 4, 2001 through 6 a.m. defendants to ensure fairness of drawbridge operation regulations are on May 5, 2001; and criminal proceedings. listed at 33 CFR 117.793(c). 6 a.m. on May 18, 2001 through 6 a.m. (8) From subsection (f); because The bridge owner, Westchester on May 19, 2001. records in this system have been County Department of Public Works, exempted from the access provisions of The above bridge closures were requested a temporary deviation from subsection (d). discussed at a meeting with the the operating regulations to facilitate (9) From subsection (g); because waterway users and the Coast Guard on scheduled maintenance at the bridge. records in this system are compiled for March 1, 2001. No objection to these Vessels that can pass under the bridge law enforcement purposes and have closure dates were received. without an opening may do so at all been exempted from the access Vessels that can pass under the bridge times during the closed period. provisions of subsections (d) and (f). without an opening may do so at all In accordance with 33 CFR 117.35(c), times during the closed period. this work will be performed with all due * * * * * In accordance with 33 CFR 117.35(c), speed in order to return the bridge to [FR Doc. 01–8284 Filed 4–3–01; 8:45 am] this work will be performed with all due normal operation as soon as possible. BILLING CODE 4410–07–M speed in order to return the bridge to This deviation from the operating
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regulations is authorized under 33 CFR The removal of the counterweights is statewide, ensure consistent 117.35. necessary for the contractor to facilitate enforcement, and simplify permitting. Dated: March 26, 2001. the replacement of the decks. As a result DATES: This direct final rule will be G.N. Naccara, of the removal of the counterweights, effective on June 4, 2001 unless EPA the drawspan will not be able to open Rear Admiral, U.S. Coast Guard, Commander, receives adverse comments by May 4, First Coast Guard District. for any vessel traffic during the 2001. If adverse comments are received, weekend work; however, at the end of [FR Doc. 01–8184 Filed 4–3–01; 8:45 am] EPA will publish a timely withdrawal of the weekend when the counterweights BILLING CODE 4910–15–U the direct final rule in the Federal have been reinstalled, the bridge will be Register informing the public that the back to its normal operating schedule rule will not take effect. DEPARTMENT OF TRANSPORTATION until the next scheduled weekend of work. ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental Coast Guard In accordance with 33 CFR 117.35, the District Commander granted a Protection Agency, Air Planning and Development Branch, 901 North 5th 33 CFR Part 117 temporary deviation from the governing regulations in a letter dated March 23, Street, Kansas City, Kansas 66101. [CGD05–01–009] 2001. The Coast Guard has informed the Copies of documents relative to this known commercial users of the action are available for public RIN 2115–AE47 waterway of the bridge closure so that inspection during normal business hours at the above listed Region 7 Drawbridge Operation Regulations; these vessels can arrange their transits to minimize any impact caused by the location. The interested persons Potomac River, Between Alexandria, wanting to examine these documents VA and Oxon Hill, MD temporary deviation. The temporary deviation allows the should make an appointment with the AGENCY: Coast Guard, DOT. Woodrow Wilson Memorial Drawbridge office at least 24 hours in advance. ACTION: Notice of temporary deviation across the Potomac River, mile 103.8, FOR FURTHER INFORMATION CONTACT: from regulations. between the City of Alexandria, Virginia Wayne Kaiser, at (913) 551–7603. and Oxon Hill, Maryland to remain SUMMARY: The Commander, Fifth Coast SUPPLEMENTARY INFORMATION: closed for four consecutive weekends Throughout this document whenever Guard District, has approved a beginning April 20–21, 2001, April 27– temporary deviation from the ‘‘we, us, or our’’ is used, we mean EPA. 29, 2001, May 4–6, 2001 and May 11– This section provides additional regulations governing the operation of 13, 2001. The bridge will remain closed the Woodrow Wilson Memorial information by addressing the following during the first weekend from 6 p.m. questions: Drawbridge, across the Potomac River, Friday to 6 p.m. Saturday. During the mile 103.8, between the City of last three weekends, the bridge will What is a SIP? Alexandria, Virginia and Oxon Hill, remain closed from 6 p.m. Friday to 6 What is the Federal approval process for a Maryland, to allow the bridge owners to p.m. Sunday. SIP? conduct needed structural work. The What does Federal approval of a state Dated: March 26, 2001. work will be done on four consecutive regulation mean to me? J.E. Shkor, What is being addressed in this action? weekends, April 20–21, 2001, April 27– Have the requirements for approval of a SIP 29, 2001, May 4–6, 2001, and May 11– Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. revision been met? 13, 2001. The bridge may remain closed What action is EPA taking? to vessel traffic during the first weekend [FR Doc. 01–8187 Filed 4–3–01; 8:45 am] from 6 p.m. Friday to 6 p.m. Saturday. BILLING CODE 4910–15–U What Is a SIP? On the last three weekends, the bridge Section 110 of the Clean Air Act may remain closed to vessel traffic from (CAA) requires states to develop air 6 p.m. Friday to 6 p.m. Sunday. ENVIRONMENTAL PROTECTION pollution regulations and control DATES: This deviation is effective from AGENCY strategies to ensure that state air quality April 20, 2001 to May 13, 2001. meets the national ambient air quality FOR FURTHER INFORMATION CONTACT: Ann 40 CFR Part 52 standards established by EPA. These B. Deaton, Bridge Administrator, Fifth ambient standards are established under Coast Guard District, at (757) 398–6222. [MO 115–1115a; FRL–6961–9] section 109 of the CAA, and they SUPPLEMENTARY INFORMATION: currently address six criteria pollutants. On March Approval and Promulgation of 1, 2001 McLean Contracting Company, These pollutants are: Carbon monoxide, Implementation Plans; State of nitrogen dioxide, ozone, lead, contractors for the Virginia Department Missouri of Transportation, requested a particulate matter, and sulfur dioxide. temporary deviation from the current AGENCY: Environmental Protection Each state must submit these operating schedule of the Woodrow Agency (EPA). regulations and control strategies to EPA Wilson Memorial Drawbridge. ACTION: Direct final rule. for approval and incorporation into the Presently, the draw is required to Federally enforceable SIP. operate under the operating regulations SUMMARY: EPA is announcing it is Each Federally approved SIP protects in 33 CFR 117.255. To facilitate the approving a revision to the Missouri air quality primarily by addressing air replacement of the bridge decks, State Implementation Plan (SIP) pollution at its point of origin. These McLean Contracting Company will need pertaining to the approval of a statewide SIPs can be extensive, containing state to leave the drawspan in the closed particulate matter emissions rule. This regulations or other enforceable position. The counterweights will be rule consolidates the requirements of documents and supporting information removed prior to the repair work at the the four existing area-specific rules. The such as emission inventories, beginning of each weekend and effect of this action will be to ensure monitoring networks, and modeling reinstalled at the end of the weekend. applicable requirements are consistent demonstrations.
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What Is the Federal Approval Process existing requirements or add any FR 27655, May 10, 1998). This rule will for a SIP? additional restrictions. Because the rule not have substantial direct effects on the In order for state regulations to be revision does not change existing states, on the relationship between the incorporated into the Federally emission limitations, the state has not national government and the states, or enforceable SIP, states must formally determined whether the limitations on the distribution of power and continue to be adequate to demonstrate responsibilities among the various adopt the regulations and control attainment of the NAAQS. The EPA levels of government, as specified in strategies consistent with state and approval does not imply that any such Executive Order 13132 (64 FR 43255, Federal requirements. This process judgment has been made. The new rule August 10, 1999), because it merely generally includes a public notice, clarifies certain inconsistencies that approves a state rule implementing a public hearing, public comment period, existed between the four existing rules Federal standard, and does not alter the and a formal adoption by a state- and corrects certain errors contained in relationship or the distribution of power authorized rulemaking body. them, thereby strengthening the SIP. and responsibilities established in the Once a state rule, regulation, or When this new rule has been fully CAA. This rule also is not subject to control strategy is adopted, the state approved in the SIP, the state will Executive Order 13045 (62 FR 19885, submits it to us for inclusion into the request that EPA rescind the four April 23, 1997), because it is not SIP. We must provide public notice and existing area-specific rules. economically significant. seek additional public comment In reviewing SIP submissions, our Have the Requirements for Approval of regarding the proposed Federal action role is to approve state choices, a SIP Revision Been Met? on the state submission. If adverse provided that they meet the criteria of comments are received, they must be The state submittal has met the public the CAA. In this context, in the absence addressed prior to any final Federal notice requirements for SIP submissions of a prior existing requirement for the action by us. in accordance with 40 CFR 51.102. The state to use voluntary consensus All state regulations and supporting submittal also satisfied the standards (VCS), we have no authority information approved by EPA under completeness criteria of 40 CFR part 51, to disapprove a SIP submission for section 110 of the CAA are incorporated appendix V. In addition, as explained failure to use VCS. It would thus be into the Federally approved SIP. above and in more detail in the inconsistent with applicable law for Records of such SIP actions are technical support document which is EPA, when it reviews a SIP submission, maintained in the Code of Federal part of this document, the revision to use VCS in place of a SIP submission Regulations (CFR) at Title 40, part 52, meets the substantive SIP requirements that otherwise satisfies the provisions of entitled ‘‘Approval and Promulgation of of the CAA, including section 110 and the CAA. Thus, the requirements of Implementation Plans.’’ The actual state implementing regulations. section 12(d) of the National regulations which are approved are not Technology Transfer and Advancement What Action Is EPA Taking? reproduced in their entirety in the CFR Act of 1995 (15 U.S.C. 272 note) do not outright but are ‘‘incorporated by We are processing this action as a apply. As required by section 3 of reference,’’ which means that we have final action because the revisions make Executive Order 12988 (61 FR 4729, approved a given state regulation with routine changes to the existing rules February 7, 1996), in issuing this rule, a specific effective date. which are noncontroversial. Therefore, we have taken the necessary steps to we do not anticipate any adverse What Does Federal Approval of a State eliminate drafting errors and ambiguity, comments. Regulation Mean to Me? minimize potential litigation, and Administrative Requirements provide a clear legal standard for Enforcement of the state regulation affected conduct. EPA has complied before and after it is incorporated into Under Executive Order 12866 (58 FR with Executive Order 12630 (53 FR the Federally approved SIP is primarily 51735, October 4, 1993), this action is 8859, March 15, 1988) by examining the a state responsibility. However, after the not a ‘‘significant regulatory action’’ and takings implications of the rule in regulation is Federally approved, we are therefore is not subject to review by the accordance with the ‘‘Attorney authorized to take enforcement action Office of Management and Budget. This General’s Supplemental Guidelines for against violators. Citizens are also action merely approves state law as the Evaluation of Risk and Avoidance of offered legal recourse to address meeting Federal requirements and Unanticipated Takings’’ issued under violations as described in section 304 of imposes no additional requirements the Executive Order. This rule does not the CAA. beyond those imposed by state law. impose an information collection Accordingly, the Administrator certifies burden under the provisions of the What Is Being Addressed in This that this rule will not have a significant Document? Paperwork Reduction Act of 1995 (44 economic impact on a substantial U.S.C. 3501 et seq.). The state has consolidated four area- number of small entities under the The Congressional Review Act, 5 specific particulate matter rules into one Regulatory Flexibility Act (5 U.S.C. 601 U.S.C. 801 et seq., as added by the Small new, equivalent, updated rule, 10 CSR et seq.). Because this rule approves Business Regulatory Enforcement 10–6.400, Restriction of Emission of preexisting requirements under state Fairness Act of 1996, generally provides Particulate Matter From Industrial law and does not impose any additional that before a rule may take effect, the Processes. The rules being replaced by enforceable duty beyond that required agency promulgating the rule must this rule are: 10 CSR 10–2.050, Kansas by state law, it does not contain any submit a rule report, which includes a City Metropolitan Area; 10 CSR 10– unfunded mandate or significantly or copy of the rule, to each House of the 3.050, Outstate Missouri Area; 10 CSR uniquely affect small governments, as Congress and to the Comptroller General 10–4.030, Springfield-Greene County described in the Unfunded Mandates of the United States. We will submit a Area; and 10 CSR 10–5.050, St. Louis Reform Act of 1995 (Public Law 104–4). report containing this rule and other Metropolitan Area. For the same reason, this rule also does required information to the United The applicability and intent of the not significantly or uniquely affect the States Senate, the United States House new rule does not differ from the old communities of tribal governments, as of Representatives, and the Comptroller rules. The new rule does not change any specified by Executive Order 13084 (63 General of the United States prior to
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publication of the rule in the Federal or action. This action may not be PART 52—[AMENDED] Register. A major rule cannot take effect challenged later in proceedings to until 60 days after it is published in the enforce its requirements. (See section 1. The authority citation for part 52 Federal Register. This action is not a 307(b)(2).) continues to read as follows: ‘‘major rule’’ as defined by 5 U.S.C. List of Subjects in 40 CFR Part 52 804(2). Authority: 42 U.S.C. 7401 et seq. Under section 307(b)(1) of the CAA, Environmental protection, Air petitions for judicial review of this pollution control, Intergovernmental Subpart AA—Missouri action must be filed in the United States relations, Particulate matter, Reporting Court of Appeals for the appropriate and recordkeeping requirements. 2. In § 52.1320(c) the table is amended circuit by June 4, 2001. Filing a petition Authority: 42 U.S.C. 7401 et seq. under Chapter 6 by adding in numerical for reconsideration by the Administrator order an entry for ‘‘10–6.400’’ to read as of this final rule does not affect the Dated: January 17, 2001. follows: finality of this rule for the purposes of Dennis Grams, judicial review nor does it extend the Regional Administrator, Region 7. § 52.1320 Identification of plan. time within which a petition for judicial Chapter I, title 40 of the Code of * * * * * review may be filed, and shall not Federal Regulations is amended as (c) * * * postpone the effectiveness of such rule follows:
EPA-APPROVED MISSOURI REGULATIONS
State Missouri citation Title effective EPA approval date Explanation date
Missouri Department of Natural Resources
******* Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
******* 10–6.400 ...... Restriction of Emission of Particulate 08/30/00 4/4/01. Matter From Industrial Processes.
*******
* * * * * Which They Have Financial services (designated health services) [FR Doc. 01–8125 Filed 4–3–01; 8:45 am] Relationships,’’ published in the under the Medicare program, unless an Federal Register (66 FR 856) on January exception applies. In addition, section BILLING CODE 6560–50–P 4, 2001. That rule prohibits physicians 1877 of the Act provides that an entity from referring patients for the furnishing may not present or cause to be of certain designated health services to presented a Medicare claim or bill to DEPARTMENT OF HEALTH AND health care entities with which they (or any individual, third party payer, or HUMAN SERVICES a member of their immediate family) other entity for designated health Health Care Financing Administration have a financial relationship, if payment services furnished under a prohibited for the services may be made under the referral, nor may we make payment for 42 CFR Parts 411 and 424 Medicare program. The comment period a designated health service furnished that would have closed on April 4, 2001 under a prohibited referral. We [HCFA–1809–N] is extended 60 days. announced that the public comment DATES: The comment period is extended period for the rule would close at 5 p.m. Medicare and Medicaid Programs; to 5 p.m. on June 4, 2001. on April 4, 2001. Physicians’ Referrals to Health Care FOR FURTHER INFORMATION CONTACT: Because commenters have requested Entities With Which They Have Joanne Sinsheimer, (410) 786–4620. more time to analyze the potential Financial Relationships; Extension of SUPPLEMENTARY INFORMATION: consequences of the rule, and given the Comment Period On January 4, 2001, we issued a final rule breadth of the statute and the variety of AGENCY: Health Care Financing with comment period in the Federal financial relationships to which it Administration (HCFA), DHHS. Register (66 FR 856) that incorporated applies, we have decided to extend the ACTION: Notice of extension of comment into regulations the provisions in comment period for an additional 60 period for final rule with comment paragraphs (a), (b), and (h) of section days. This document announces the period. 1877 of the Social Security Act (the extension of the public comment period Act). Under section 1877 of the Act, if to June 4, 2001. SUMMARY: This document extends the a physician or a member of a Authority: Secs. 1102 and 1871 of the comment period for a final rule with physician’s immediate family has a Social Security Act (42 U.S.C. 1302 and comment period, ‘‘Medicare and financial relationship with a health care 1395hh). Medicaid Programs; Physicians’ entity, the physician may not make (Catalog of Federal Domestic Assistance Referrals to Health Care Entities With referrals to that entity for certain health Program No. 93.773 Medicare—Hospital
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Insurance Program; No. 93.774, Medicare- complete text of this decision may also was proposed. However, the Canadian Supplementary Medical Insurance Program; be purchased from the Commission’s Government will be notified of the No. 93.778, Medical Assistance Program) copy contractors, International change in the station’s community of Dated: March 28, 2001. Transcription Services, Inc., 1231 20th license. Michael McMullan, Street, NW., Washington, DC. 20036, DATES: Effective May 7, 2001. (202) 857–3800, facsimile (202) 857– Acting Deputy Administrator, Health Care FOR FURTHER INFORMATION CONTACT: 3805. Financing Administration. Leslie K. Shapiro, Mass Media Bureau, Approved: March 29, 2001. List of Subjects in 47 CFR Part 73 (202) 418–2180. Tommy G. Thompson, Radio broadcasting. SUPPLEMENTARY INFORMATION: This is a Secretary. Part 73 of title 47 of the Code of synopsis of the Commission’s Report [FR Doc. 01–8296 Filed 4–3–01; 8:45 am] Federal Regulations is amended as and Order, MM Docket No. 00–40, BILLING CODE 4120–01–P follows: adopted March 14, 2001, and released March 23, 2001. The full text of this PART 73—RADIO BROADCAST Commission decision is available for FEDERAL COMMUNICATIONS SERVICES inspection and copying during normal COMMISSION business hours in the FCC Reference 1. The authority citation for part 73 Center (Room 239), 445 12th Street, 47 CFR Part 73 continues to read as follows: SW., Washington, DC. The complete Authority: 47 U.S.C. 154, 303, 334 and 336. [DA No. 01–740, MM Docket No. 00–238; text of this decision may also be purchased from the Commission’s copy RM–10008] § 73.202 [Amended] contractor, International Transcription Radio Broadcasting Services; 2. Section 73.202(b), the Table of FM Services, Inc., (202) 857–3800, 1231 Ephraim, WI Allotments under Wisconsin, is 20th Street, NW., Washington, DC amended by adding Ephraim, Channel 20036. AGENCY: Federal Communications 295A. List of Subjects in 47 CFR Part 73 Commission. Federal Communications Commission. ACTION: Final rule. John A. Karousos, Radio broadcasting. Part 73 of title 47 of the Code of SUMMARY: This document allots Channel Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Federal Regulations is amended as 295A to Ephraim, Wisconsin, in follows: response to a petition filed by Carrie L. [FR Doc. 01–8238 Filed 4–3–01; 8:45 am] Riordan. See 65 FR 71292, November BILLING CODE 6712–01–U PART 73—RADIO BROADCAST 30, 2000. The coordinates for Channel SERVICES 295A at Ephraim, Wisconsin, are 45– FEDERAL COMMUNICATIONS 10–12 NL and 87–07–46 WL. Although 1. The authority citation for Part 73 COMMISSION Canadian concurrence has been continues to read as follows: requested for the allotment of Channel 47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 334, 336. 295A at Ephraim, notification has not been received. Therefore, operation with [DA 01–741; MM Docket No. 00–40; RM– § 73.202 [Amended] the facilities specified for Ephraim 9824] 2. Section 73.202(b), the Table of FM herein is subject to modification, Radio Broadcasting Services; Allotments under New York, is suspension, or termination without right Cobleskill and Saint Johnsville, NY amended by removing Cobleskill, to hearing, if found by the Commission Channel 278B, and adding Saint to be necessary in order to conform to AGENCY: Federal Communications Johnsville, Channel 278B. the 1991 Canada-USA FM Broadcast Commission. Federal Communications Commission. Agreement or if specifically objected to ACTION: Final rule. John A. Karousos, by Canada. With this action, this SUMMARY: The Commission, at the Chief, Allocations Branch, Policy and Rules proceeding is terminated. A filing Division, Mass Media Bureau. window for Channel 295A at Ephraim, request of Regent Licensee of Mansfield, [FR Doc. 01–8240 Filed 4–3–01; 8:45 am] Wisconsin, will not be opened at this Inc., reallots Channel 278B from time. Instead, the issue of opening this Cobleskill, NY, to Saint Johnsville, NY, BILLING CODE 6712–01–U allotment for auction will be addressed as its first local aural service, and modifies the license of Station WQBJ to by the Commission in a subsequent FEDERAL COMMUNICATIONS order. specify St. Johnsville as its community of license. See 65 FR 16558, March 29, COMMISSION DATES: Effective May 7, 2001. 2000. Channel 278B can be allotted to 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Saint Johnsville in compliance with the Kathleen Scheuerle, Mass Media Commission’s minimum distance [DA 01–700; MM Docket No. 99–330, RM– Bureau, (202) 418–2180. separation requirements with a site 9677] SUPPLEMENTARY INFORMATION: This is a restriction of 15.9 kilometers (9.9 miles) Radio Broadcasting Services; summary of the Commission’s Report east, at coordinates 42–58–21 NL; 74– Kankakee and Park Forest, IL and Order, MM Docket No. 00–238, 29–30 WL, to accommodate petitioner’s adopted March 14, 2001, and released desired transmitter site. Although Saint AGENCY: Federal Communications March 23, 2001. The full text of this Johnsville is located within 320 Commission. Commission decision is available for kilometers (200 miles) of the U.S.- ACTION: Final rule. inspection and copying during normal Canadian border, prior approval of this business hours in the Commission’s allotment was not required since no SUMMARY: The Commission, at the Reference Center, Washington, DC. The change in the station’s transmitter site request of Gene Milner Broadcasting Co,
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Inc., reallots Channel 260B from FEDERAL COMMUNICATIONS DEPARTMENT OF COMMERCE Kankakee to Park Forest, Illinois, and COMMISSION modifies Station WRZA(FM)’s license National Oceanic and Atmospheric accordingly. See 65 FR 3406, January 47 CFR Part 73 Administration 25, 2000. Channel 260B can be reallotted to Park Forest in compliance [DA 01–738; MM Docket No. 99–151; RM– 50 CFR Part 679 9559; RM–9932] with the Commission’s minimum [Docket No. 010112013–1013-01; I.D. distance separation requirements Radio Broadcasting Services; Rangely, 032901B] without the imposition of a site Silverton and Ridgway, CO restriction at petitioner’s presently Fisheries of the Exclusive Economic licensed site. The coordinates for AGENCY: Federal Communications Zone Off Alaska; Pollock Within the Channel 260B at Park Forest are 41–18– Commission (FCC). Shelikof Strait Conservation Area in the Gulf of Alaska 04 North Latitude and 87–49–35 West ACTION: Final rule; petition for Longitude. reconsideration. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and DATES: SUMMARY: This document denies a Effective May 7, 2001. Atmospheric Administration (NOAA), Petition for Reconsideration filed on FOR FURTHER INFORMATION CONTACT: Commerce. behalf of Idaho Broadcasting Sharon P. McDonald, Mass Media Consortium, Inc. (‘‘IBC’’) directed to the ACTION: Closure. Bureau, (202) 418–2180. Report and Order in this proceeding SUMMARY: NMFS is prohibiting directed SUPPLEMENTARY INFORMATION: This is a allotting Channel 279C1 to Rangely, fishing for pollock within the Shelikof synopsis of the Commission’s Report Colorado, without a site restriction. The Strait conservation area in the Gulf of and Order, MM Docket No. 99–330, Report and Order also granted IBC’s Alaska (GOA). This action is necessary adopted March 14, 2001, and released counterproposal to substitute Channel to prevent exceeding the B season March 23, 2001. The full text of this 279C1 for Channel 279C2 at Silverton, allowance of the pollock total allowable Commission decision is available for Colorado, reallotted Channel 279C1 to catch (TAC) for the Shelikof Strait inspection and copying during normal Ridgway, Colorado, and modified the conservation area in the GOA. business hours in the FCC Reference authorization of IBC for Station KBNG(FM), at an alternate transmitter DATES: Effective 1200 hrs, Alaska local Information Center (Room CY–A257), site, rather than IBC’s specified site. time (A.l.t.), March 31, 2001, until 1200 445 12th Street, SW, Washington, DC. Channel 238A was also allotted to hrs, A.l.t., August 20, 2001. The complete text of this decision may Silverton as a replacement channel for FOR FURTHER INFORMATION CONTACT: also be purchased from the Channel 279C1. IBC objects to the use Mary Furuness, 907–586–7228 Commission’s copy contractors, of the alternate site specified at SUPPLEMENTARY INFORMATION: NMFS International Transcription Service, Ridgway. See 65 FR 55925, September manages the groundfish fishery in the Inc., (202) 857–3800, 1231 20th Street, 15, 2000. The petition for GOA exclusive economic zone NW., Washington, DC 20036. reconsideration is denied as it does not according to the Fishery Management List of Subjects in 47 CFR Part 73 meet the limited provisions set forth in Plan for Groundfish of the Gulf of the Commission’s Rules under which a Alaska (FMP) prepared by the North Radio broadcasting. rule making action will be reconsidered. Pacific Fishery Management Council With this action, this docketed under authority of the Magnuson- Part 73 of title 47 of the Code of proceeding is terminated. Stevens Fishery Conservation and Federal Regulations is amended as FOR FURTHER INFORMATION CONTACT: Management Act. Regulations governing follows: Nancy Joyner, Mass Media Bureau, (202) fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 PART 73—RADIO BROADCAST 418–2180. CFR part 600 and 50 CFR part 679. SERVICES SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Within any fishing year, under harvest or over harvest of a seasonal 1. The authority citation for part 73 Memorandum Opinion and Order, in allowance may be added to or continues to read as follows: MM Docket No. 99–151, adopted March 14, 2001, and released March 23, 2001. subtracted from the subsequent seasonal Authority: 47 U.S.C. 54, 303, 334, and 336. The full text of this Commission allowances in a manner to be determined by the Administrator, § 73.202 [Amended] decision is available for inspection and copying during normal business hours Alaska Region (Regional Administrator), 2. Section 73.202(b), the Table of FM in the FCC Reference Information Center NMFS, so long as a revised seasonal Allotments under Illinois, is amended (Room CY–A257), 445 Twelfth Street, allowance does not exceed 30 percent of by removing Channel 260B at Kankakee; SW., Washington, DC. The complete the annual TAC apportionment (§ and adding Park Forest, Channel 260B. text of this decision may also be 679.20(a)(5)(ii)(C)). The combined A and purchased from the Commission’s copy B season allowance of the pollock TAC Federal Communications Commission. within the Shelikof Strait conservation John A. Karousos, contractor, International Transcription Service, Inc., 1231 20th Street, NW., area is 18,619 metric tons (mt) as Chief, Allocations Branch, Policy and Rules Washington, DC 20036, (202) 857–3800. established by the Final 2001 Harvest Division, Mass Media Bureau. Specifications and Associated [FR Doc. 01–8242 Filed 4–3–01; 8:45 am] Federal Communications Commission. Management Measures for the John A. Karousos, BILLING CODE 6712–01–P Groundfish Fisheries Off Alaska (66 FR Chief, Allocations Branch, Policy and Rules 7276, January 22, 2001). The Regional Division, Mass Media Bureau. Administrator hereby increases the B [FR Doc. 01–8243 Filed 4–3–01; 8:45 am] season pollock TAC by 6,207 mt, the BILLING CODE 6712–01–P maximum amount of the A season
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pollock under harvest that can be added directed fishing for pollock within the would be unnecessary and contrary to to the B season TAC without exceeding Shelikof Strait conservation area in the the public interest. Similarly, the need 30 percent of the annual TAC. In GOA. to implement these measures in a timely accordance with § 679.20(a)(5)(ii)(C), Maximum retainable bycatch amounts fashion to prevent exceeding the the B season allowance of pollock TAC may be found in the regulations at § seasonal allocation of pollock within the within the Shelikof Strait conservation 679.20(e) and (f). Shelikof Strait conservation area area is 12,413 mt. constitutes good cause to find that the Classification In accordance with § 679.20(d)(1)(i), effective date of this action cannot be Regional Administrator has determined This action responds to the best delayed for 30 days. Accordingly, under that the B season allowance of the available information recently obtained 5 U.S.C. 553(d), a delay in the effective pollock TAC within the Shelikof Strait from the fishery. The Assistant date is hereby waived. conservation area will soon be reached. Administrator for Fisheries, NOAA, This action is required by § 679.20 Therefore, the Regional Administrator is finds that the need to immediately and is exempt from review under establishing a directed fishing implement this action to prevent Executive Order 12866. allowance of 12,113 mt, and is setting exceeding the seasonal allocation of Authority: 16 U.S.C. 1801 et seq. aside the remaining 300 mt as bycatch pollock within the Shelikof Strait to support other anticipated groundfish conservation area constitutes good cause Dated: March 29, 2001. fisheries. In accordance with § to waive the requirement to provide Bruce C. Morehead. 679.22(b)(3)(iii)(A), the Regional prior notice and opportunity for public Acting Director, Office of Sustainable Administrator finds that this directed comment pursuant to the authority set Fisheries, National Marine Fisheries Service fishing allowance will soon be reached. forth at 5 U.S.C. 553(b)(3)(B) and 50 CFR [FR Doc. 01–8281 Filed 3–30–01; 2:51 pm] Consequently, NMFS is prohibiting 679.20(b)(3)(iii)(A), as such procedures BILLING CODE 3510–04–S
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Proposed Rules Federal Register Vol. 66, No. 65
Wednesday, April 4, 2001
This section of the FEDERAL REGISTER available for public inspection in the January 2000 was 4.8 percent. GIPSA contains notices to the public of the proposed above office during regular business had anticipated that savings could offset issuance of rules and regulations. The hours (7 CFR 1.27 (b)). the remaining 2.4 percent of the Federal purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: salary increase. GIPSA had anticipated persons an opportunity to participate in the an increase in metric tons inspected rule making prior to the adoption of the final David Orr, Director, Field Management rules. Division, at his E-mail address: and/or weighed which in conjunction [email protected], or telephone with a projected decrease in the number him at (202) 720–0228. of paid hours could have offset the DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: remaining half of the Federal salary increase. However, there was a 7 Grain Inspection, Packers and Executive Order 12866, Regulatory percent decrease in metric tons FGIS Stockyards Administration Flexibility Act, and the Paperwork inspected in FY 2000. This decrease Reduction Act caused a reduction in hours billed. FGIS 7 CFR Part 800 This rule has been determined to be also experienced a shift from noncontracted service hours to [Docket No. FGIS–2001–001a] nonsignificant for the purpose of Executive Order 12866 and, therefore, contracted service hours, which caused RIN 0580–AA75 has not been reviewed by the Office of an increase in nonrevenue productive Management and Budget. hours in some locations. These factors Fees for Official Inspection and Official Also, pursuant to the requirements set were not enough to offset the remaining Weighing Services forth in the Regulatory Flexibility Act, 2.4 percent Federal salary increases. The salary increase that became effective AGENCY: Grain Inspection, Packers and it has been determined that this January 2001 averages 3.7 percent for Stockyards Administration, USDA. proposed rule will not have a significant economic impact on a substantial FGIS employees. Overall, program costs ACTION: Proposed rule. number of small entities as defined in are estimated to increase by SUMMARY: The Federal Grain Inspection the Regulatory Flexibility Act (5 U.S.C. approximately $575,000. Service (FGIS) of the Grain Inspection, 601 et seq.). We have reviewed the financial Packers and Stockyards Administration GIPSA regularly reviews its user-fee- position of our inspection and weighing (GIPSA) is proposing an increase in fees financed programs to determine if the program based on the increased salary of approximately 6.1 percent. Contract fees are adequate. GIPSA has and will and benefit costs, along with the and noncontract hourly rates, certain continue to seek out cost saving projected FY 2001 workload of 82 unit rates, and the administrative opportunities and implement million metric tons. Based on the tonnage fee will be increased. These fees appropriate changes to reduce costs. review, we have concluded that a 6.1 apply to official inspection and Such actions can provide alternatives to percent increase will have to be weighing services performed in the fee increases. However, even with these recovered through increases in fees. United States under the United States efforts, GIPSA’s existing fee schedule The fee increase primarily applies to Grain Standards Act (USGSA), as will not generate sufficient revenues to entities engaged in the export of grain. amended. This proposed fee increase of cover program costs while maintaining Under the provisions of the USGSA, 6.1 percent is based on the cost-of-living an adequate reserve balance. In FY grain exported from the United States increases utilizing an average of the 1999, GIPSA’s operating costs were must be officially inspected and locality pay adjustments and actual cost $23,176,643 with revenue of weighed. Mandatory inspection and of performing official inspection $22,971,204, resulting in a negative weighing services are provided by services of 2.4 percent and 3.7 percent margin of $205,440. In FY 2000, GIPSA on a fee basis at 37 export in FY 2000 and FY 2001, respectively. GIPSA’s operating costs were facilities. All of these facilities are GIPSA anticipates the proposed increase $24,146,428 with revenue of owned and managed by multi-national in the user fees will generate $23,150,188 that resulted in a negative corporations, large cooperatives, or approximately $575,000 in additional margin of $996,240 and a negative public entities that do not meet the revenue. reserve balance of $938,147. As of criteria for small entities established by December 31, 2000, GIPSA’s FY 2001 the Small Business Administration. DATES: Written comments must be operating costs were $6,274,097 with Some entities that request received on or before May 4, 2001. revenue of $6,066,322 that resulted in a nonmandatory official inspection and ADDRESSES: Interested persons are positive margin of $52,486. The current weighing services at other than export invited to submit written comments reserve negative balance of $792,794 is locations could be considered small concerning this proposal. Written well below the desired 3-month reserve entities. The impact on these small comments must be submitted to Sharon of approximately $3 million. businesses is similar to any other Vassiliades, GIPSA, USDA, 1400 Employee salaries and benefits are business; that is, an average 6.1 percent Independence Avenue, SW, Room major program costs that account for increase in the cost of official inspection 1647–S, Washington, DC 20250–3604, approximately 84 percent of FGIS’s total and weighing services. This increase or faxed to (202) 690–2755. Comments operating budget. Effective May 1, 2000, should not significantly affect any may also be sent by E-mail to: GIPSA increased fees as published business requesting official inspection [email protected]. Please state March 30, 2000, in the Federal Register and weighing services. Furthermore, that your comments refer to Docket No. (65 FR 16783), by 2.4 percent. The any of these small businesses that wish FGIS 2001–001a. Comments will be average Federal salary increase effective to avoid the fee increase may elect to do
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so by using an alternative source for grain inspection and weighing services approximately 84 percent of GIPSA’s inspection and weighing services. Such and to charge and collect reasonable total operating budget. Effective May 1, a decision should not prevent the fees for performing these services. The 2000, GIPSA increased fees as published business from marketing its products. fees collected are to cover, as nearly as March 30, 2000, in the Federal Register There would be no additional practicable, GIPSA’s costs for (65 FR 16783), by 2.4 percent. The reporting or recordkeeping requirements performing these services, including average Federal salary increase that imposed by this action. In compliance related administrative and supervisory became effective January 2000 was 4.8 with the Paperwork Reduction Act of costs. The current USGSA fees were percent. GIPSA had anticipated that 1995 (44 U.S.C. Chapter 35), the published in the Federal Register on savings could offset the remaining 2.4 information collection and March 30, 2000 (65 FR 16783), and percent of the Federal salary increase. recordkeeping requirements in Part 800 became effective on May 1, 2000. GIPSA had anticipated an increase in have been previously approved by the GIPSA regularly reviews its user-fee- metric tons inspected and/or weighed Office of Management and Budget under financed programs to determine if the which in conjunction with a projected control number 0580–0013. GIPSA has fees are adequate. GIPSA has and will decrease in the number of paid hours not identified any other Federal rules continue to seek out cost saving could have offset the remaining half of which may duplicate, overlap, or opportunities and implement the Federal salary increase. However, conflict with this proposed rule. appropriate changes to reduce costs. there was a 7 percent decrease in metric Such actions can provide alternatives to tons FGIS inspected in FY 2000. This Executive Order 12988 fee increases. However, even with these decrease caused a reduction in hours This proposed rule has been reviewed efforts, GIPSA’s existing fee schedule billed. FGIS also experienced a shift under Executive Order 12988, Civil will not generate sufficient revenues to from noncontracted service hours to Justice Reform. This action is not cover program costs while maintaining contracted service hours, which caused intended to have a retroactive effect. an adequate reserve balance. In FY an increase in nonrevenue productive The USGSA provides in § 87g that no 1999, GIPSA’s operating costs were hours in some locations. These factors subdivision may require or impose any $23,176,643 with revenue of were not enough to offset the remaining requirements or restrictions concerning $22,971,204, resulting in a negative 2.4 percent Federal salary increases. The the inspection, weighing, or description margin of $205,440. In FY 2000, salary increase that became effective of grain under the Act. Otherwise, this GIPSA’s operating costs were January 2001 averages 3.7 percent for proposed rule will not preempt any $24,146,428 with revenue of FGIS employees. Overall, program costs State or local laws, regulations, or $23,150,188 that resulted in a negative are estimated to increase by policies unless they present margin of $996,240 and a negative approximately $575,000. irreconcilable conflict with this reserve balance of $938,147. As of We have reviewed the financial proposed rule. There are no December 31, 2000, GIPSA’s FY 2001 position of our inspection and weighing administrative procedures that must be operating costs were $6,274,097 with program based on the increased salary exhausted prior to any judicial revenue of $6,066,322 that resulted in a and benefit costs, along with the challenge to the provisions of this positive margin of $52,468. The current projected FY 2001 workload of 82 proposed rule. reserve negative balance of 4792,794 is million metric tons. Based on the well below the desired 3-month reserve review, we have concluded that a 6.1 Proposed Action of approximately $3 million. percent increase will have to be The USGSA (7 U.S.C. 71 et seq.) Employee salaries and benefits are recovered through increases in fees. authorizes GIPSA to provide official major program costs that account for The current hourly fees are:
Monday to Monday to Friday Friday Saturday, (6 a.m. to (6 p.m. to Sunday, and Holidays 6 p.m. 6 a.m.) overtime
1-year contract ...... $25.80 $28.00 $36.40 $43.60 6-month contract ...... 28.40 30.20 38.60 50.60 3-month contract ...... 32.40 33.40 42.00 52.20 Noncontract ...... 37.60 39.60 48.00 59.00
GIPSA has also identified certain unit and change the administrative tonnage other adjustments. Accordingly, given fees, for services not performed at an fee in 7 CFR 800.71, Table 1—Fees for the current level of the operating applicant’s facility, that contain direct Official Services Performed at an reserve, it would be necessary to labor costs and would require a fee Applicant’s Facility in an Onsite FGIS implement any fee increase that may increase. Further, GIPSA has identified Laboratory; Table 2—Services result from this rulemaking as soon as those costs associated with salaries and Performed at Other Than an Applicant’s possible. benefits that are covered by the Facility in an FGIS Laboratory; and administrative metric tonnage fee. The Table 3, Miscellaneous Services. List of Subjects in 7 CFR Part 800 6.1 percent cost-of-living increase to This proposed rule provides a 30-day Administrative practice and salaries and benefits covered by the period for interested persons to procedure; Grain. administrative tonnage fee results in an comment. This comment period is overall increase of an average of 6.1 deemed appropriate because grain For the reasons set out in the percent to the administrative tonnage export volume and associated requests preamble, 7 CFR Part 800 is proposed to fee. Accordingly, GIPSA is proposing a for official services for such grain are be amended as follows: 6.1 percent increase to certain hourly projected to further decrease in the rates, certain unit rates, and increase coming months due to seasonal and
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PART 800—GENERAL REGULATIONS Authority: Pub. L. 94–582, 90 Stat. 2867, § 800.71 Fees assessed by the Service. as amended (7 U.S.C. 71 et seq.) (a) * * * 1. The authority citation for part 800 2. Section 800.71 is amended by continues to read as follows: revising Schedule A in paragraph (a) to read as follows:
Schedule A.—Fees for Official Inspection and Weighing Services Performed in the United States (1) Inspection and Weighing Services Hourly Rates (per service representative).
TABLE 1.—FEES FOR OFFICIAL SERVICES PERFORMED AT AN APPLICANT’S FACILITY IN AN ONSITE FGIS LABORATORY 1
Monday to Monday to Saturday, Friday Friday Sunday, and Holidays (6 a.m. to (6 a.m. to 2 6 p.m.) 6 p.m.) overtime
1-year contract ...... $27.40 $29.80 $38.60 $46.40 3-month contract ...... 30.20 32.00 41.00 53.60 6-month contract ...... 34.40 35.60 44.60 55.40 Noncontract ...... 40.00 42.00 51.00 62.60
(2) Additional Tests (cost per test, assessed in addition to the hourly rate).3
(i) Aflatoxin (other than Thin Layer Chromatography) ...... $8.50 (ii) Aflatoxin (Thin Layer Chromatography method) ...... 20.00 (iii) Corn oil, protein, and starch (one or any combination) ...... 1.50 (iv) Soybean protein and oil (one or both) ...... 1.50 (v) Wheat protein (per test) ...... 1.50 (vi) Sunflower oil (per test) ...... 1.50 (vii) Vomitoxin (qualitative) ...... 12.50 (viii) Vomitoxin (quantitative) ...... 18.50 (ix) Waxy corn (per test) ...... 1.50 (x) Fees for other tests not listed above will be based on the lowest noncontract hourly rate. (xi) Other services: (a) Class Y Weighing (per carrier) (1) Truck/container ...... 30 (2) Railcar ...... 1.25 (3) Barge ...... 2.50 (3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier).
(i) All outbound carriers (per-metric-ton): 4 (a) 1–1,000,000 ...... $0.1101 (b) 1,000,001–1,500,000 ...... 0.1005 (c) 1,500,001–2,000,000 ...... 0.0543 (d) 2,000,001–5,000,000 ...... 0.0402 (e) 5,000,001–7,000,000 ...... 0.022 (f) 7,000,001 + ...... 0.0100
1 Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee’s assigned duty sta- tion. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72 (a). 2 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 3 Appeal and reinspection services will be assessed the same fee as the original inspection service. 4 The administrative fee is assessed on an accumulated basis beginning at the start of the Service’s fiscal year (October 1 each year).
TABLE 2.—SERVICES PERFORMED AT OTHER THAN AN APPLICANT’S FACILITY IN AN FGIS LABORATORY 1, 2
(1) Original Inspection and Weighing (Class X) Services: (i) Sampling only (use hourly rates from Table 1) (ii) Stationary lots (sampling, grade/factor, & checkloading) (a) Truck/trailer/container (per carrier) ...... $19.00 (b) Railcar (per carrier) ...... 28.60 (c) Barge (per carrier) ...... 181.00 (d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) ...... 0.02 (iii) Lots sampled online during loading (sampling charge under (i) above, plus) (a) Truck/trailer container (per carrier) ...... 9.85 (b) Railcar (per carrier) ...... 19.10 (c) Barge (per carrier) ...... 108.10 (d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) ...... 0.02 (iv) Other services (a) Submitted sample (per sample—grade and factor) ...... 11.20 (b) Warehouseman inspection (per sample) ...... 19.00 (c) Factor only (per factor—maximum 2 factors) ...... 5.00
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TABLE 2.—SERVICES PERFORMED AT OTHER THAN AN APPLICANT’S FACILITY IN AN FGIS LABORATORY 1, 2—Continued (d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT) ...... 0.02 (e) Reinspection (grade and factor only. Sampling service additional, item (i) above) ...... 12.40 (f) Class X Weighing (per hour per service representative) ...... 52.50 (v) Additional tests (excludes sampling) (a) Aflatoxin (per test—other than TLC method) ...... 28.00 (b) Aflatoxin (per test—TLC method) ...... 106.00 (c) Corn oil, protein, and starch (one or any combination) ...... 8.60 (d) Soybean protein and oil (one or both) ...... 8.60 (e) Wheat protein (per test) ...... 8.60 (f) Sunflower oil (per test) ...... 8.60 (g) Vomitoxin (qualitative) ...... 29.50 (h) Vomitoxin (quantitative) ...... 36.50 (i) Waxy corn (per test) ...... 9.85 (j) Canola (per test—00 dip test) ...... 9.85 (k) Pesticide Residue Testing 3 (1) Routine Compounds (per sample) ...... 207.00 (2) Special Compounds (per service representative) ...... 106.00 (l) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1. (2) Appeal inspection and review of weighing service: 4 (i) Board Appeals and Appeals (grade and factor) 79.00 (a) Factor only (per factor—max 2 factors) ...... 41.50 (b) Sampling service for Appeals additional (hourly rates from Table 1). (ii) Additional tests (assessed in addition to all other applicable fees) (a) Aflatoxin (per test, other than TLC) ...... 27.50 (b) Aflatoxin (TLC) ...... 115.00 (c) Corn oil, protein, and starch (one or any combination) ...... 16.50 (d) Soybean protein and oil (one or both) ...... 16.50 (e) Wheat protein (per test) ...... 16.50 (f) Sunflower oil (per test) ...... 16.50 (g) Vomitoxin (per test—qualitative) ...... 39.00 (h) Vomitoxin (per test—quantitative) ...... 44.00 (i) Vomitoxin (per test—HPLC Board Appeal) ...... 134.00 (j) Pesticide Residue Testing 3. (1) Routine Compounds (per sample) ...... 207.00 (2) Special Compounds (per service representative) ...... 106.00 (k) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1. (iii) Review of weighing (per hour per service representative) ...... 75.80 (3) Stowage examination (service-on-request): 3 (i) Ship (per stowage space) (minimum $252.50 per ship) ...... 51.00 (ii) Subsequent ship examinations (same as original) (minimum $151.50 per ship) (iii) Barge (per examination) ...... 41.00 (iv) All other carriers (per examination) ...... 16.00 1 Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee’s assigned duty sta- tion. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72 (a). 2 An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been col- lected at the applicable hourly rate as provided in § 800.72 (b). 3 If performed outside of normal business, 11⁄2 times the applicable unit fee will be charged. 4 If, at the request of the Service, a file sample is located and forwarded by the Agency for an official agency, the Agency may, upon request, be reimbursed at the rate of $2.50 per sample by the Service.
TABLE 3.—MISCELLANEOUS SERVICES 1
(1) Grain grading seminars (per hour per service representative) 2 ...... $52.50 (2) Certification of diverter-type mechanical samplers (per hour per service representative) 2 ...... 52.50 (3) Special weighing services (per hour per service representative): 2 (i) Scale testing and certification ...... 52.50 (ii) Evaluation of weighing and material handling systems ...... 52.50 (iii) NTEP Prototype evaluation (other than Railroad Track Scales) ...... 52.50 (iv) NTEP Prototype evaluation of Railroad Track Scales (plus usage fee per day for test car) ...... 52.50 110.00 (v) Mass standards calibration and reverification ...... 52.50 (vi) Special projects ...... 52.50 (4) Foreign travel (per day per service representative) ...... 475.00 (5) Online customized data EGIS service: (i) One data file per week for 1 year ...... 500.00 (ii) One data file per month for 1 year ...... 300.00 (6) Samples provided to interested parties (per sample) ...... 2.60 (7) Divided-lot certificates (per certificate) ...... 1.50 (8) Extra copies of certificates (per certificate) ...... 1.50 (9) Faxing (per page) ...... 1.50 (10) Special mailing (actual cost)
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TABLE 3.—MISCELLANEOUS SERVICES 1—Continued (11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1) 1 Any requested service that is not listed will be performed at $52.50 per hour. 2 Regular business hours-Monday through Friday-service provided at other than regular hours charged at the applicable overtime hourly rate.
Dated: March 28, 2001. ratings-based surcharge will apply to The OCC also imposes an additional David R. Shipman, both the asset-based assessments and assessment on independent trust banks Acting Administrator, Grain Inspection, the independent credit card bank based on the amount of trust assets they Packers and Stockyards Administration. assessments. The proposal also applies manage.2 the ratings-based surcharge to the [FR Doc. 01–8145 Filed 4–3–01; 8:45 am] Independent Credit Card Banks BILLING CODE 3410–EN–P independent trust bank assessment. DATES: Comments must be received by The OCC’s assessment regulations do May 4, 2001. not currently distinguish independent credit card banks chartered by the OCC ADDRESSES: Comments should be DEPARTMENT OF THE TREASURY from other national banks. As a result, directed to, and may be inspected and independent credit card banks pay Office of the Comptroller of the copied at: Communications Division, assessments according to the same Currency Office of the Comptroller of the formula that applies to full-service Currency, 250 E Street, SW., Mailstop national banks. That formula is 12 CFR Part 8 1–5, Washington, DC 20219, Attention: comprised of a fixed component based Docket No. 01–05. In addition, [Docket No. 01–05] solely on a bank’s asset size plus a comments may be sent via facsimile at variable component derived by RIN 1557–AB90 (202) 874–4448 or via Internet at multiplying asset amounts in excess of [email protected]. Assessment of Fees; National Banks; certain thresholds by a series of District of Columbia Banks FOR FURTHER INFORMATION CONTACT: declining marginal rates.3 The Mitchell E. Plave, Senior Attorney, assessment amount that results from AGENCY: Office of the Comptroller of the Legislative and Regulatory Activities this computation may then be adjusted Currency, Treasury. Division, (202) 874–5090; or Daniel L. based on a bank’s condition and on ACTION: Notice of proposed rulemaking. Pearson, National Bank Examiner, whether it is a ‘‘lead bank’’ or a ‘‘non- Credit Risk, (202) 874–5170. lead bank.’’ The amount of assets on a SUMMARY: The Office of the Comptroller SUPPLEMENTARY INFORMATION: bank’s balance sheet is, however, the of the Currency (OCC) proposes to most significant component of the amend the formula it uses to assess I. Background current assessment computation. independent credit card banks. A The OCC charters, regulates, and The magnitude and complexity of the national bank is considered supervises approximately 2,200 national business of independent credit card independent for purposes of this banks and 58 Federal branches and banks is not fully reflected by the proposal if it engages primarily in credit agencies of foreign banks in the United volume of assets reported on their card operations and is not affiliated States, accounting for nearly 60 percent balance sheets as of a particular date. with a full-service national bank. Under of the nation’s banking assets. Our For example, in order to comply with the revised assessment structure, all mission is to ensure a safe, sound, and restrictions governing affiliate credit card banks would continue to be competitive national banking system transactions, most private label credit assessed based on balance sheet assets. that supports the citizens, communities, card banks sell their receivables within Independent credit card banks would and economy of the United States. twenty-four hours of their production. pay an additional assessment The OCC funds the activities it Other independent credit card banks component based on the ‘‘receivables undertakes to carry out this mission regularly securitize substantial amounts attributable’’ to credit card accounts predominantly through assessments on of their receivables. A credit card bank’s owned by the bank. This additional institutions we regulate. The National balance sheet, therefore, is not, by itself, assessment is intended to result in Bank Act authorizes the OCC to collect a useful measure of the resources the payment by these banks of a more assessments, fees, or other charges as OCC must expend to supervise this type appropriate share of the OCC’s expenses necessary or appropriate to carry out the of bank, nor is it a fair measure of the than under the current book-asset responsibilities of the OCC. 12 U.S.C. assessment structure. 482 (Supp. 1999). The statute requires Condition (Including Domestic and Foreign The OCC also proposes to raise the that our charges be set to meet the Subsidiaries) (Call Report). 12 CFR 8.2(a)(6)(ii)(A). 2 65 FR 75859 (December 5, 2000), to be codified surcharge for all institutions with Comptroller’s expenses in carrying out at 12 CFR 8.6(c). An ‘‘independent trust bank’’ for composite ratings of 3, 4, or 5 under the authorized activities. Id. The OCC, purposes of § 8.6 is a national bank that (a) has trust Uniform Financial Institutions Rating under part 8, currently assesses national powers, (b) does not primarily offer full-service System (UFIRS) (also referred to as the banks and Federal branches and banking, and (c) is not affiliated with a full-service national bank. A bank will be considered as not CAMELS rating) and for Federal agencies according to a formula based primarily offering full-service banking if it derives branches and agencies of foreign banks on factors such as a bank’s size and more than 50 percent of its interest and non-interest that receive a composite rating of 3, 4, condition and whether it is the ‘‘lead’’ income from credit card operations or trust or 5 under the ROCA rating system. This bank or ‘‘non-lead’’ bank among activities, or the terms of the bank’s charter restrict 1 its ability to engage in a full range of permissible amendment will enable the OCC to national banks in a holding company. banking activities. allocate more equitably the expenses we 3 The assessment formula is set out at 12 CFR 8.2. incur in supervising institutions that are 1 A ‘‘lead bank’’ is the largest national bank The elements of the formula, including the marginal experiencing significant problems, controlled by a company, based on a comparison of rates, may change from year to year and are the total assets held by each national bank announced in the OCC’s annual ‘‘Notice of which necessitate more extensive controlled by that company as reported in each Comptroller of the Currency Fees’’ (Notice of Fees). utilization of OCC resources. The bank’s most recent Consolidated Report of See 12 CFR 8.8.
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value of the national bank charter to the component to the assessment structure charge to be paid in July, 2001, would enterprise. As a result, the assessments for these banks. For purposes of this be in the range of the following: the OCC currently applies to these proposal, ‘‘independent credit card banks do not represent the banks’ fair banks’’ are banks that primarily engage If the bank’s The additional semiannual in credit card operations and are not assessment is share of the OCC’s overall expenses. In total off-bal- Column C contrast, credit card banks that are affiliated with a full-service national ance sheet bank.7 A bank will be considered receivables affiliated with full-service national attributable Over Column But less than banks typically already pay their fair ‘‘primarily engaged in credit card are A (million) Column B share of the OCC’s expenses when the operations’’ if it is a bank described in (million ) organization is viewed as a whole. The section 2(c)(2)(F) of the Bank Holding 0 $100 $40,000 OCC not only collects the book-asset Company Act (a so-called ‘‘CEBA credit $100 1,000 60,000 based assessment from both the full- card bank’’),8 or if the ratio of its total 1,000 5,000 80,000 service and the credit card bank, but we gross receivables attributable to the 5,000 100,000 also achieve efficiencies resulting from bank’s balance sheet assets exceeds the coordinated supervision of the 50%. A bank is a ‘‘full-service national Our supervisory experience indicates affiliated banks. The proposal would bank’’ for purposes of this rule if more that an additional assessment amend the OCC’s assessment regulation than 50% of its interest and non-interest component based on receivables to revise the formula for independent income is generated by activities other attributable is appropriate because the credit card banks to better align our than credit card operations or trust volume of an independent credit card assessment structure for these banks activities and the bank’s charter permits bank’s off-balance sheet credit card with the extent of the OCC’s it to conduct all authorized banking business, together with the amount of its responsibilities and activities activities.9 The proposal uses the same balance sheet assets, is a better indicator attributable to those banks. test for affiliation (i.e., the definition of of the amount of resources expended by ‘‘affiliate’’ appearing in 12 U.S.C. the OCC with respect to that bank than Institutions With Composite Ratings of 221a(b)) that was used in the recently balance sheet assets alone. 3, 4, or 5 Under UFIRS or ROCA adopted rule affecting independent trust Alternative Approach The OCC adds a surcharge to the banks. asset-based assessment for national ‘‘Receivables attributable’’ is the total We invite comment on an alternative banks and Federal branches and amount of outstanding balances due on to the receivables-attributable method agencies that have composite ratings of credit card accounts owned by an that would be based on the transaction 3, 4, or 5 under UFIRS (also referred to independent credit card bank (the flow associated with a bank’s credit card as the CAMELS rating) 4 or ROCA 5, as receivables attributable to those operations. ‘‘Transaction flow’’ means appropriate. This surcharge reflects the accounts) on the last day of the the total net amounts charged to cards greater supervisory resources demanded assessment period. Receivables issued by the bank during each semi- by the circumstances of these lower- attributable is a measure of the volume annual assessment period. Like rated institutions. The OCC’s experience of a credit card bank’s business. Given receivables attributable, transaction flow since 1997, when we introduced the that some credit card banks retain is also a better measure of the volume surcharge,6 has shown that the current receivables on the bank’s books, the and nature of an independent credit surcharge for these institutions does not proposal would allow independent card bank’s business than balance sheet adequately compensate the OCC for the credit card banks to deduct those on- assets as of a fixed date. An assessment based on transaction additional demands on its resources book receivables from total gross flow would be calculated using the step given the substantial level of receivables attributable in order to avoid approach we propose in this rule for supervision these banks warrant. assessing those assets twice. receivables attributable—that is, the Therefore, the OCC proposes to raise the Independent credit card banks will report receivables attributable data to dollar amount of the additional surcharge, commensurate with assessment would be based on the supervisory demands. The proposal the OCC on a semiannual basis. An independent credit card bank’s amount of a bank’s transaction flow. differentiates between banks with assessment will be determined by The transaction flow amounts would be UFIRS or ROCA ratings of 3 from those adding to its book asset-based set to recover an appropriate share of with ratings of 4 or 5, based on the assessment an additional amount the OCC’s costs attributable to these comparative demands these institutions determined by its level of receivables banks and would be in addition to the make on the OCC. attributable. The dollar amount of the assessment calculated on balance sheet II. Discussion of the Proposal and additional assessment will be published assets under 12 CFR 8.2. The specific Request for Comment each year in the Notice of Fees.10 The rate schedule for transaction flow would amounts of the additional assessment be adjusted annually to reflect changes Independent Credit Card Bank will be adjusted to reflect changes in the in the OCC’s expenses. Assessment OCC’s expenses. The OCC anticipates, We invite comment on the relative The proposal would amend 12 CFR however, that the initial semiannual merits of the transaction-flow and 8.2 by adding a new paragraph (c) that receivables-attributable methods as increases assessments on independent 7 See Charters, Corporate Manual at 21–22 (1998) measures of the volume and likely credit card banks by adding an off- (describing credit card banks). complexity of an independent credit 8 See 12 U.S.C. 1841(c)(2)(F) (excluding from the card bank’s business. We also invite balance sheet ‘‘receivables attributable’’ definition of the term ‘‘bank’’ in the Bank Holding Company Act (BHCA) an institution that engages comment on whether the information 4 CAMELS is an acronym that stands for capital, only in credit card operations and satisfies certain needed to compute an assessment is assets, management, earnings, liquidity, and other conditions). This provision was added to the easier for banks to obtain and report for sensitivity to market risk. BHCA by the Competitive Equality Banking Act of one method rather than the other. The 5 The ROCA rating system rates risk management, 1987. operational controls, compliance, and asset quality. 9 This definition also applies for purposes of the OCC currently does not gather data on 6 See 62 FR 64135 (December 4, 1997); 12 CFR independent trust bank rule. See supra, note 4. either total transaction flow or 8.2(a)(7); 12 CFR 8.2(b)(5). 10 12 CFR 8.6(b). receivables attributable from credit card
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banks. Our supervisory experience This proposed approach would enable this conclusion is that the rule will indicates, however, that independent the OCC’s assessment revenue to apply to a very small portion of national credit card banks maintain receivables- expand or contract in a way that banks. The final rule will affect only attributable information in the ordinary responds to the changing demands on nineteen small independent credit card course of business or that this the OCC. banks, representing less than 1% of all information would be readily available national banks. The OCC does not III. Comment Solicitation to independent credit card banks for believe this to be a substantial number purposes of calculating the receivables- The OCC requests comment on all of small entities. aspects of this proposal, as well as on attributable assessment. Under the A. Reasons for and Objectives of the alternatives to the proposal. We also ask proposal, the OCC would collect Proposed Rule; Legal Basis for the Rule receivables-attributable data on a regular for comment on the impact of this basis. Commenters are invited to suggest proposal on small independent credit The National Bank Act authorizes the ways of minimizing the reporting card banks and on community banks. OCC to collect assessments, fees, or burden for either the receivable The OCC recognizes that these banks other charges as necessary or attributable approach or the transaction operate with more limited resources appropriate to carry out the flow alternative. than larger institutions and may present responsibilities of the OCC. 12 U.S.C. a different risk profile. Thus, the OCC 482 (Supp. 1999). The OCC adds a Assessment Surcharge for Institutions specifically requests comment on the surcharge to the asset-based assessment With Composite UFIRS or ROCA Ratings impact of the proposal on small banks’ for national banks and Federal branches of 3, 4, or 5 and community banks’ current and agencies that have composite OCC data show that there is a resources, and whether the goals of the ratings of 3, 4, or 5 under UFIRS or significant increase in the supervisory proposal could be achieved, for these ROCA. This surcharge reflects the demands on the OCC once an banks, through an alternative approach. greater OCC supervisory resources institution’s composite UFIRS or ROCA Finally, the OCC requests comment warranted by lower-rated institutions. rating moves from 1 or 2 to 3, 4, or 5. on whether the proposal is written We propose an increase in the surcharge Since introducing the surcharge in 1997, clearly and is easy to understand. because OCC’s experience is that the we have found that the demand placed Section 722 of the Gramm-Leach-Bliley current surcharge does not adequately on the OCC by these lower-rated Act requires each federal agency to use compensate the OCC for the OCC’s institutions is greater than was plain language in all proposed and final supervision of lower rated-institutions. anticipated in 1997. Not only have the rules published after January 1, 2000. B. Requirements of the Proposed Rule; supervisory needs increased for The OCC invites comment on how to Effect on Small Businesses institutions with a 3 rating, we have make this rule clearer. For example, you found they are even greater when may wish to discuss: The proposed rule would require that institutions are rated 4 or 5. (1) Whether we have organized the lower-rated banks, specifically those Accordingly, we propose to increase the material to suit your needs; with UFIRS or ROCA ratings of 3, 4, or surcharge for all lower-rated (2) Whether the requirements of the 5, pay a surcharge on their base institutions. rule are clear; or assessments. The surcharge would be a The surcharge is to be applied to all (3) Whether there is something else percentage of the base assessment. Thus, components of an institution’s we could do to make the rule easier to for instance, a bank would calculate its assessment, not only the asset-based understand. asset-based component and, in the case assessment. Thus, for instance, an of independent credit card or independent credit card bank will IV. Regulatory Flexibility Act independent trust banks its separate calculate its asset-based component and Under the Regulatory Flexibility Act component for receivables attributable receivables attributable component, add (RFA), the OCC must either provide an and managed assets; add those those two together, and multiply the Initial Regulatory Flexibility Analysis components together; and then multiply sum by the amount of the ratings-based (IRFA) with a proposed rule or certify the sum by the amount of the ratings- surcharge. An independent trust bank that the rule would not have a based surcharge. would follow the same method, using significant economic impact on a Under the proposal, banks with the managed assets component.11 substantial number of small entities. For composite UFIRS or ROCA ratings of 3 Under the proposal, banks with purposes of this Regulatory Flexibility will be assessed a surcharge of 50%; composite UFIRS or ROCA ratings of 3 Analysis and proposed regulation, the banks with composite ratings of 4 or 5 will be assessed a surcharge of 50%; OCC defines ‘‘small independent credit will be assessed a 100% surcharge. For banks with composite ratings of 4 or 5 card banks’’ to be those banks with less example, a bank with $100 million in will be assessed a 100% surcharge. By than $100 million in total assets. book assets would pay a base linking assessments with the condition What follows is an IRFA that assessment of $39,340. If it is a 3-rated of the banks supervised, a greater addresses the increase in the lower- bank, it would add to that base amount proportion of increased OCC resources rated bank surcharge and invites the $19,670 (50% of base). If the bank is a attributable to banks whose condition public’s comments on the propose rule’s 4 or 5-rated institution, it would pay a requires additional attention is funded impact on small entities. With respect to surcharge of $39,340 (100%). A bank by those banks, rather than by the the increase in assessments for would not pay a surcharge once it national banking system as a whole.12 independent credit card banks, moves into one of the upper two ratings. however, the OCC certifies that the C. Alternatives to the Proposed Rule 11 See 12 CFR 8.6(c) (assessments on independent proposed rule will not have a significant As discussed supra, by statute, the trust banks). economic impact on a substantial 12 The proposed regulation text permits the OCC OCC funds its operations through number of small entities. The basis for to limit the amount of the surcharge. We currently assessments on national banks and contemplate, for example, that lower-rated full- service national banks would pay a surcharge only apply to surcharges on lower-rated independent Federal branches and agencies. on the first $20 billion in book assets. The OCC will credit card or independent trust banks in the Notice Therefore, there are no alternatives to publish this limit and any similar limit that may of the Comptroller of the Currency Fees. charging banks an assessment to meet
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our supervisory responsibilities. The 8 are contained in section 8.2(c). Under VII. Unfunded Mandates Reform Act of OCC sets assessments that reflect the this section, the proposed regulation 1995 nature of those responsibilities. At would require national banks to provide Section 202 of the Unfunded present, there is an imbalance in the the OCC with ‘‘receivables-attributable’’ Mandates Reform Act of 1995, Pub. L. surcharge between the level of our and, as an alternative, ‘‘transaction- 104–4 (2 U.S.C. 1532) (Unfunded supervision of lower-rated banks and flow’’ data from independent credit card Mandates Act), requires that an agency their contributions to the overall banks, meaning national banks that prepare a budgetary impact statement assessment pool—the current surcharge primarily engage in credit card before promulgating any rule likely to passes the burden of supervision operations and are not affiliated with a result in a federal mandate that may beyond lower-rated institutions to better full service national bank. ‘‘Receivables result in the expenditure by state, local, rated banks that consume far fewer OCC attributable’’ are the total amount of and tribal governments, in the aggregate, resources. The OCC considered the outstanding balances due on credit card or by the private sector of $100 million alternative of leaving the surcharge in accounts owned by an independent or more in any one year. If a budgetary place, but does not view that as credit card bank (the receivables impact statement is required, section appropriate, given the elevated level of attributable to those accounts) on the 205 of the Unfunded Mandates Act also supervisory attention required for these last day of an assessment period. requires an agency to identify and institutions. ‘‘Transaction flow’’ is the total net consider a reasonable number of V. Paperwork Reduction Act amount charged to credit cards issued regulatory alternatives before by a bank during each semi-annual For purposes of compliance with the promulgating a rule. The OCC has assessment period. determined that the proposed rule will Paperwork Reduction Act of 1995, 44 The OCC is contemplating amending U.S.C. 3501 et seq., the OCC invites not result in expenditures by state, its assessment regulation to increase the local, and tribal governments, or by the comment on: assessments on independent credit card (1) Whether the proposed collection private sector, of $100 million or more banks, basing the increase either on of information contained in this notice in any one year. Accordingly, this receivables attributable or transaction of proposed rulemaking is necessary for rulemaking requires no further analysis flow. The OCC has data sufficient to the proper performance of the OCC’s under the Unfunded Mandates Act. establish an initial rate that independent functions, including whether the credit card banks would pay under a List of Subjects in 12 CFR Part 8 information has practical utility; (2) The accuracy of the OCC’s formula based on receivables National banks. attributable. If the OCC chooses to adopt estimate of the burden of the proposed Authority and Issuance information collection; the transaction-flow method, however, (3) Ways to enhance the quality, it will need data to set the initial rate. For the reasons set forth in the utility, and clarity of the information to Even if the OCC adopts the receivables- preamble, the OCC proposes to amend be collected; attributable method, the OCC will need part 8 of chapter I of title 12 of the Code (4) Ways to minimize the burden of receivables attributable information of Federal Regulations as follows: the information collection on the semiannually to refine the assessment respondents, including the use of formula as time goes on. PART 8—ASSESSMENT OF FEES; NATIONAL BANKS; DISTRICT OF automated collection techniques or Receivables Attributable other forms of information technology; COLUMBIA BANKS Estimated Number of Respondents: and 1. The authority citation for part 8 35. (5) Estimates of capital or start-up continues to read as follows: costs and costs of operation, Estimated Total Annual Responses: 2. maintenance, and purchase of services Authority: 12 U.S.C. 93a, 481, 482, and Frequency of Response: 3102 and 3108; 15 U.S.C. 78c and 781; and to provide information. Semiannually. Respondents are not required to 26 D.C. Code 102. respond to this collection of information Estimated Hours per Response: 1 2. In § 8.2: hour. unless the final regulation displays a A. Paragraphs (a)(7) and (b)(5) are currently valid OMB control number. Estimated Annual Burden: 70 burden removed; and The collection of information hours. B. New paragraphs (c) and (d) are requirements contained in this notice of Transaction Flow added to read as follows: proposed rulemaking have been submitted to the Office of Management Estimated Number of Respondents: § 8.2 Semiannual assessment. and Budget for review under emergency 35. * * * * * processing procedures. The OCC is Estimated Total Annual Responses: 2. (c) Additional assessment for requesting OMB clearance by May 4, Frequency of Response: independent credit card banks. (1) 2001. Comments on the collection of Semiannually. General rule. In addition to the assessment calculated according to information should be sent to the Office Estimated Hours per Response: 2 § 8.2(a), each independent credit card of Information and Regulatory Affairs, hours. Office of Management and Budget, bank will pay an assessment based on Paperwork Reduction Project Number Estimated Annual Burden: 140 receivables attributable to credit card 1557-to be assigned, Washington, D.C. burden hours. accounts owned by the bank. This 20503, with copies to Jessie Dunaway, Total Estimated Annual Burden: 210 assessment will be computed by adding Legislative and Regulatory Activities burden hours. to its book asset-based assessment an Division, Office of the Comptroller of VI. Executive Order 12866 additional amount determined by its the Currency, 250 E Street, SW., level of receivables attributable. The Mailstop 8–4, Washington, DC 20219. The OCC has determined that this dollar amount of the additional The information collection proposal is not a significant regulatory assessment will be published each year requirements contained in 12 CFR part action under Executive Order 12866. in the ‘‘Notice of Comptroller of the
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Currency Notice of Fees,’’ described at compliance, and asset quality) at its SUMMARY: This notice proposes to § 8.8 of this part. most recent examination; and establish Class airspace at UPMC (2) Credit card banks affiliated with (2) 2.0, in the case of any bank that Bedford Hospital Heliport (WOFKO), full-service national banks. The OCC receives a composite UFIRS rating of 4 Bedford-Everett, PA. Development of a will assess an independent credit card or 5 and any Federal branch or agency GPS Standard Instrument Approach bank in accordance with paragraph that receives a composite rating of 4 or (SIAP), 045 Helicopter Point in Space (c)(1) of this section, notwithstanding 5 under the ROCA rating system at its approach for the Bedford Hospital that the bank is affiliated with a full- most recent examination. Heliport has made this action necessary. service national bank, if the OCC 3. In § 8.6: Controlled airspace extending upward concludes that the affiliation is intended A. A new paragraph (c)(1)(iii) is from 700 feet Above Ground Level to evade the assessment regulation. added; and (AGL) is needed to contain aircraft (3) Definitions. For purposes of B. Paragraphs (c)(3)(ii) and (iii) are executing the approach. The area would paragraph (c) of this section, the redesignated as (c)(3)(iii) and (c)(3)(iv) be depicted on aeronautical charts for following definitions apply: and a new paragraph (c)(3)(ii) is added pilot reference. to read as follows: (i) Affiliate has the same meaning as DATES: Comments must be received on this term has in 12 U.S.C. 221a(b). or before May 4, 2001. (ii) Engaged primarily in card § 8.6 Fees and assessments for examinations and investigations; ADDRESSES: Send comments on the operations means a bank described in independent trust banks. section 2(c)(2)(F) of the Bank Holding proposal in triplicate to: Manager, Company Act (12 U.S.C. 1841(c)(2)(F)) * * * * * Airspace Branch, AEA–520, Docket No. (c) * * * 01–AEA–03 Eastern Region, 1 Aviation or whose ratio of total gross receivables (1) * * * attributable to the bank’s balance sheet Plaza, Jamaica, NY 11434–4809. (iii) Surcharge based on condition of The official docket may be examined assets exceeds 50%. the bank. Subject to any limit that the in the Office of the Regional Counsel, (iii) Full-service national bank is a OCC prescribes in the Notice of the national bank that generates more than AEA–7, F.A.A. Eastern Region, 1 Comptroller of the Currency Fees, the Aviation Plaza, Jamaica, NY 11434– 50% of its interest and non-interest OCC shall adjust the semiannual income from activities other than credit 4809. assessment computed in accordance An informal docket may also be card operations or trust activities and is with paragraphs (c)(1)(i) and (ii) of this examined during normal business hours authorized according to its charter to section by multiplying that figure by 1.5 in the Airspace Branch, AEA–520, engage in all types of permissible for each independent trust bank that Eastern Region, 1 Aviation Plaza, banking activities. receives a composite rating of 3 under (iv) Independent credit card bank is a Jamaica, NY 11434–4809. the Uniform Financial Institutions national bank that engages primarily in FOR FURTHER INFORMATION CONTACT: Mr. Rating System (UFIRS) at its most recent credit card operations and is not Francis T. Jordan, Jr., Airspace examination and by 2.0 for each bank affiliated with a full-service national Specialist, Airspace Branch, AEA–520, that receives a composite UFIRS rating bank. F.A.A. Eastern Region, 1 Aviation Plaza, (v) Receivables attributable is the total of 4 or 5 at such examination. Jamaica, NY 1144–4809: telephone: amount of outstanding balances due on * * * * * (718) 553–4521. credit card accounts owned by an (3) * * * SUPPLEMENTARY INFORMATION: (ii) Full-service national bank is a independent credit card bank (the Comments Invited receivables attributable to those national bank that generates more than accounts) on the last day of the 50% of its interest and non-interest Interested parties are invited to assessment period, minus receivables income from activities other than credit participate in this proposed rulemaking retained on the bank’s balance sheet as card operations or trust activities and is by submitting such written data, views, of that day. authorized according to its charter to or arguments as they may desire. (4) Reports of receivables attributable. engage in all types of permissible Comments that provide the factual basis Independent credit card banks will banking activities. support the views and suggestions report receivables attributable data to * * * * * presented are particularly helpful in the OCC semiannually when specified Dated: March 26, 2001. developing reasoned regulatory by the OCC. John D. Hawke, Jr., decisions on the proposal. Comments (d) Subject to any limit that the OCC are specifically invited on the overall Comptroller of the Currency. prescribes in the Notice of the regulatory, economic, environmental, Comptroller of the Currency Fees, the [FR Doc. 01–8204 Filed 4–3–01; 8:45 am] and energy-related aspects of the OCC shall apply a surcharge to the BILLING CODE 4810–33–P proposal. Communications should semiannual assessment computed in identify the airspace docket number and accordance with paragraphs (a) through be submitted in triplicate to the address (c) of this section. This surcharge will be DEPARTMENT OF TRANSPORTATION listed above. Comments wishing the determined by multiplying the FAA to acknowledge receipt of their Federal Aviation Administration semiannual assessment computed in comments on this notice must submit accordance with paragraphs (a) through with those comments a self-addressed, 14 CFR Part 71 (c) of this section by— stamped postcard on which the (1) 1.5, in the case of any bank that [Airspace Docket No. 01–AEA–03] following statement is made: receives a composite rating of 3 under ‘‘Comments to Airspace Docket No. 01– the Uniform Financial Institutions Establishment of Class E Airspace; AEA–03’’. The postcard will be date/ Rating System (UFIRS) and any Federal Bedford-Everett, PA time stamped and returned to the branch or agency that receives a AGENCY: Federal Aviation commenter. All communications composite rating of 3 under the ROCA Administration (FAA), DOT. received on or before the closing date rating system (which rates risk for comments will be considered before ACTION: Notice of proposed rulemaking. management, operational controls, taking action on the proposed rule. The
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proposal contained in this notice may entities under the criteria of the the Latrobe Hospital Heliport has made be changed in light of comments Regulatory Flexibility Act. this action necessary. Controlled received. All comments submitted will airspace extending upward from 700 List of Subjects in 14 CFR Part 71 be available for examination in the feet Above Ground Level (AGL) is Rules Docket closing both before and Airspace, Incorporation by reference, needed to contain aircraft executing the after the closing date for comments. A Navigation (air). approach. The area would be depicted report summarizing each substantive The Proposed Amendment on aeronautical charts for pilot public contact with the FAA personnel reference. In consideration of the foregoing, the concerned with this rulemaking will be DATES: Comments must be received on filed in the docket. Federal Aviation Administration proposes to amend 14 CFR Part 71 as or before May 4, 2001. Availability of NPRMs follows: ADDRESSES: Send comments on the proposal in triplicate to: Manager, Any person may obtain a copy of this PART 71—[AMENDED] Airspace Branch, AEA–520, Docket No. Notice of Proposed Rulemaking (NPRM) 01–AEA–04, F.A.A. Eastern Region, 1 by submitted a request to the Office of 1. The authority citation for 14 CFR Aviation Plaza, Jamaica, NY 11434– the Regional Counsel, AEA–7, F.A.A. Part 71 continues to read as follows: 4809. Eastern Region, 1 Aviation Plaza, Authority: 49 U.S.C. 106(g), 40103, 40113, The official docket may be examined Jamaica, NY 11434–4809. 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– in the Office of the Regional Counsel, Communications must identify the 1963 Comp., p. 389. AEA–7, F.A.A. Eastern Region, 1 notice number of this NPRM. Persons § 71.1 [Amended] Aviation Plaza, Jamaica, NY 11434– interested in being placed on a mailing 4809. list for future NPRMs should also 2. The incorporation by reference in An informal docket may also be request a copy of Advisory Circular No. 14 CFR 71.1 of Federal Aviation examined during normal business hours 11–2A, which describes the application Administration Order 7400.9H dated in the Airspace Branch, AEA–520, procedure. September 1, 2000, and effective F.A.A. Eastern Region, 1 Aviation Plaza, September 16, 2000, is proposed to be Jamaica, NY 11434–4809. The Proposal amended as follows: FOR FURTHER INFORMATION CONTACT: Mr. The FAA is considering an Paragraph 6005 Class E airspace areas Francis T. Jordan, Jr., Airspace amendment to Part 71 of the Federal extending upward from 700 feet or more Specialist, Airspace Branch, AEA–520, Aviation Regulations (14 CFR Part 71) to above the surface of the earth. F.A.A. Eastern Region, 1 Aviation Plaza, establish Class E airspace area at * * * * * Jamaica, NY 11434–4809; telephone: Bedford-Everett, PA. A GPS Point in AEA PA E5 Bedford-Everett, PA (718) 553–4521. Space Approach (SIAP) has been SUPPLEMENTARY INFORMATION: developed for UPMC Bedford Hospital UPMC Bedford Hospital Heliport (Lat. 40059.37N, long. 782651.53W) Heliport, Bedford-Everett, PA. Comments Invited Controlled airspace extending upward That airspace extending upward from 700 feet above the surface within a 6 mile radius Interested parties are invited to from 700 feet AGL is needed to of a point in space for the SIAP to the UPMC participate in this proposed rulemaking accommodate the SIAP. Class E airspace Bedford Hospital Heliport, Bedford-Everett, by submitting such written data, views, designations for airspace areas PA. or arguments as they may desire. extending upward from 700 feet or more * * * * * Comments that provide the factual basis above the surface are published in supporting the views and suggestions Paragraph 6005 of FAA Order 7400.9H, Issued in Jamaica, New York on March 26, presented are particularly helpful in 2001. dated September 1, 2000, and effective developing reasoned regulatory September 16, 2000, which is F.D. Hatfield, decisions on the proposal. Comments incorporated by reference in 14 CFR Manager, Air Traffic Division, Eastern Region. are specifically invited on the overall 71.1. The Class E airspace designation [FR Doc. 01–8270 Filed 4–3–01; 8:45 am] regulatory, economic, environmental, listed in this document would be BILLING CODE 4910–13–M and energy-related aspects of the published subsequently in the Order. proposal. Communications should The FAA has determined that this identify the airspace docket number and proposed regulation only involves an DEPARTMENT OF TRANSPORTATION be submitted in triplicate to the address established body of technical Federal Aviation Administration listed above. Commenters wishing the regulations for which frequent and FAA to acknowledge receipt of their routine amendments are necessary to 14 CFR Part 71 comments on this notice must submit keep them operationally current. with those comments a self-addressed, Therefore, this proposed regulation—(1) [Airspace Docket No. 01–AEA–04] stamped postcard on which the is not a ‘‘significant regulatory action’’ following statement is made: under Executive Order 12866; (2) is not Establishment of Class E Airspace; ‘‘Comments to Airspace Docket No. 01– a ‘‘significant rule’’ under DOT Latrobe, PA AEA–04.’’ The postcard will be date/ Regulatory Policies and Procedures (44 AGENCY: Federal Aviation time stamped and returned to the FR 11034; February 26, 1979); and (3) Administration (FAA), DOT. commenter. All communications does not warrant preparation of a ACTION: Notice of proposed rulemaking. received on or before the closing date regulatory evaluation as the anticipated for comments will be considered before impact is so minimal. Since this is a SUMMARY: This notice proposes to taking action on the proposed rule. The routine matter that would only affect air establish Class E airspace at Latrobe proposal contained in this notice may traffic procedures and air navigation, it Hospital Heliport (PA24), Latrobe, PA. be changed in light of comments is certified that this proposed rule Development of a GPS Standard received. All comments submitted will would not have significant economic Instrument Approach (SIAP), 349 be available for examination in the impact on a substantial number of small Helicopter Point in Space approach for Rules Docket closing both before and
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after the closing date for comments. A The Proposed Amendment depicted on aeronautical charts for pilot report summarizing each substantive In consideration of the foregoing, the reference. public contact with the FAA personnel Federal Aviation Administration DATES: Comments must be received on concerned with this rulemaking will be proposes to amend 14 CFR Part 71 as or before May 4, 2001. filed in the docket. follows: ADDRESSES: Availability of NPRMs Send comments on the PART 71—[AMENDED] proposal in triplicate to: Manager, Any person may obtain a copy of this Airspace Branch, AEA–520, Docket No. Notice of Proposed Rulemaking (NPRM) 1. The authority citation for 14 CFR 01–AEA–02, Eastern Region, 1 Aviation by submitting a request to the Office of Part 71 continues to read as follows: Plaza, Jamaica, NY 11434–4809. the Regional Counsel, AEA–7, F.A.A. Authority: 49 U.S.C. 106(g), 40103, 40113, The official docket may be examined Eastern Region, 1 Aviation Plaza, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. in the Office of the Regional Counsel, Jamaica, NY 11434–4809. AEA–7, Eastern Region, 1 Aviation Communications must identify the § 71.1 [Amended] Plaza, Jamaica, NY 11434–4809. notice number of this NPRM. Persons 2. The incorporation by reference in interested in being placed on a mailing An informal docket may also be 14 CFR 71.1 of Federal Aviation list for future NPRMs should also examined during normal business hours Administration Order 7400.9H dated request a copy of Advisory Circular No. in the Airspace Branch, AEA–520, September 1, 2000, and effective 11–2A, which describes the application Eastern Region, 1 Aviation Plaza, September 16, 2000, is proposed to be procedure. Jamaica, NY 11434–4809. amended as follows: FOR FURTHER INFORMATION CONTACT: Mr. The Proposal Paragraph 6005 Class E airspace areas Francis T. Jordan, Jr., Airspace The FAA is considering an extending upward from 700 feet or more above the surface of the earth. Specialist, Airspace Branch, AEA–520, amendment to Part 71 of the Federal Eastern Region, 1 Aviation Plaza, * * * * * Aviation Regulations (14 CFR Part 71) to Jamaica, NY 11434–4809, telephone: establish Class E airspace area at AEA PA E5 Latrobe, PA (718) 553–4521. Latrobe, PA. A GPS Point in Space Latrobe Hospital Heliport SUPPLEMENTARY INFORMATION: Approach (SIAP) has been developed (Lat. 40°18′25.91″N/long. 79°23′20.34″ for Latrobe Hospital Heliport, Latrobe, That airspace extending upward from 700 Comments Invited PA. Controlled airspace extending feet above the surface within a 6 mile radius upward from 700 feet AGL is needed to of a point in space for the SIAP to the Latrobe Interested parties are invited to accommodate the SIAP. Class E airspace Hospital Heliport, Latrobe, PA. participate in this proposed rulemaking designations for airspace areas * * * * * by submitting such written data, views, extending upward from 700 feet or more or arguments as they may desire. above the surface are published in Issued in Jamaica, New York on March 26, 2001. Comments that provide the factual basis Paragraph 6005 of FAA Order 7400.9H, supporting the views and suggestions F.D. Hatfield, dated September 1, 2000, and effective presented are particularly helpful in September 16, 2000, which is Manager, Air Traffic Division, Eastern Region. developing reasoned regulatory incorporated by reference in 14 CFR [FR Doc. 01–8269 Filed 4–3–01; 8:45 am] decisions on the proposal. Comments 71.1. The Class E airspace designation BILLING CODE 4910–13–M are specifically invited on the overall listed in this document would be regulatory, economic, environmental, published subsequently in the Order. and energy-related aspects of the DEPARTMENT OF TRANSPORTATION The FAA has determined that this proposal. Communications should proposed regulation only involves an Federal Aviation Administration identify the airspace docket number and established body of technical be submitted in triplicate to the address regulations for which frequent and 14 CFR Part 71 listed above. Commenters wishing the routine amendments are necessary to FAA to acknowledge receipt of their keep them operationally current. [Airspace Docket No. 01–AEA–02] comments on this action must submit Therefore, this proposed regulation—(1) with those comments a self-addressed, is not a ‘‘significant regulatory action’’ Proposed Amendment to Class E stamped postcard on which the under Executive Order 12866; (2) is not Airspace; Westmoreland Hospital following statement is made: a ‘‘significant rule’’ under DOT Heliport, Greensburg, PA ‘‘Comments to Airspace Docket No. 01– Regulatory Policies and Procedures (44 AGENCY: Federal Aviation AEA–02.’’ The postcard will be date/ FR 11034; February 26, 1979); and (3) Administration (FAA), DOT. time stamped and returned to the does not warrant preparation of a ACTION: Notice of proposed rulemaking. commenter. All communications regulatory evaluation as the anticipated received on or before the closing date impact is no minimal. Since this is a SUMMARY: This action proposes to for comments will be considered before routine matter that would only affect air establish a Class E airspace area at taking action on the proposed rule. The traffic procedures and air navigation, it Greensburg, PA. The development of a proposal contained in this action may is certified that this proposed rule Standard Instrument Approach be changed in light of comments would not have a significant economic Procedure (SIAP) based on the Global received. All comments submitted will impact on a substantial number of small Positioning System (GPS) Helicopter be available for examination in the entities under the criteria of the Point in Space approach at Rules Docket both before and after the Regulatory Flexibility Act. Westmoreland Hospital Heliport, closing date for comments. A report Greensburg, PA has made this proposal summarizing each substantive public List of Subjects in 14 CFR Part 71 necessary. Sufficient controlled airspace contact with FAA personnel concerned Airspace, Incorporation by reference, is needed to contain aircraft executing with this rulemaking will be filed in the Navigation (air). the approach. The area would be docket.
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Availability of NPRMs PART 71—[AMENDED] operations. Specifically, the exemptions are necessary to prevent subjects of Any person may obtain a copy of this 1. The authority citation for 14 CFR investigations from frustrating the Notice of Proposed Rulemaking (NPRM) Part 71 continues to read as follows: investigatory or other law enforcement by submitting a request to the Office of Authority: 49 U.S.C. 106(g), 40103, 40113, process such as, deportation/removal the Regional Counsel, AEA–7, F.A.A. 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– proceedings. Eastern Region, 1 Aviation Plaza, 1963 Comp., p. 389. DATES: Jamaica, NY 11434–4809. Submit any comments by May 4, Communications must identify the § 71.1 [Amended] 2001. notice number of this NPRM. Persons 2. The incorporation by reference in ADDRESSES: Address all comments to interested in being placed on a mailing 14 CFR 71.1 of Federal Aviation Mary Cahill, Management Analyst, list for future NPRMs should also Administration Order 7400.9H, dated Management and Planning Staff, Justice request a copy of Advisory Circular No. September 1, 2000, and effective Management Division, Department of 11–2A, which describes the application September 16, 2000, is proposed to be Justice, Washington, DC 20530 (Room procedure. amended as follows: 1400 National Place Building). Paragraph 6005 Class E airspace areas FOR FURTHER INFORMATION CONTACT: The Proposal extending upward from 700 ft Above Mary Cahill, 202–307–1823. Ground Level The FAA is considering an SUPPLEMENTARY INFORMATION: In the amendment to Part 71 of the Federal * * * * * notice section of today’s Federal Register, the Department of Justice Aviation Regulations (14 CFR Part 71) to AEA PA E5 Greensburg, PA (New) establish Class E airspace area at provides a description of the ‘‘National Westmoreland Hospital Heliport. Class Westmoreland Hospital Heliport Automated Immigration Lookout (Lat. 40° 17′ 14.46″N./long. 79° 33′ E airspace designations for airspace System (NAILS), JUSTICE/INS–032.’’ 12.33″W.) areas extending upward from 700 feet This order relates to individuals rather than small business entities. Above Ground Level (AGL) are That airspace extending upward from Nevertheless, pursuant to the published in Paragraph 6005 of FAA 700 feet above the surface within a 6 requirements of the Regulatory Order 7400.9H, dated September 1, mile radius of the point in space for the Flexibility Act 5 U.S.C. 601–612, it is 2000, and effective September 16, 2000, approach to the Westmoreland Hospital hereby stated that the order will not which is incorporated by reference in 14 Heliport, Greensburg, PA. have ‘‘a significant economic impact on CFR 71.1. The Class E airspace * * * * * a substantial number of small entities.’’ designation listed in this document Issued in Jamaica, New York, on March 26, would be published subsequently in the 2001. List of Subjects in 28 CFR Part 16 Order. Franklin D. Hatfield, Administrative Practices and The Rule Manager, Air Traffic Division, Eastern Region. Procedures, Courts, Freedom of [FR Doc. 01–8268 Filed 4–3–01; 8:45 am] Information Act, Government in the The FAA has determined that this BILLING CODE 4910–13–M Sunshine Act, and the Privacy Act. proposed regulation only involves an Dated: March 29, 2001. established body of technical Stephen R. Colgate, regulations for which frequent and DEPARTMENT OF JUSTICE Assistant Attorney General for routine amendments are necessary to Administration. keep them operationally current. 28 CFR Part 16 Pursuant to the authority vested in the Therefore, this proposed regulation—(1) [AAG/A Order No. 226–2001] Attorney General by 5 U.S.C. 552a and is not a ‘‘significant regulatory action’’ delegated to me by Attorney General under Executive Order 12866; (2) is not Privacy Act of 1974; Implementation Order No. 793–78, it is proposed to a ‘‘significant rule’’ under DOT amend Part 16 of Title 28 of the Code Regulatory Policies and Procedures (44 AGENCY: Department of Justice. of Federal Regulations as set forth FR 11034; February 26, 1979) and (3) ACTION: Proposed rule. below. does not warrant preparation of a SUMMARY: The Department of Justice regulatory evaluation as the anticipated PART 16—[AMENDED] impact is so minimal. Since this is a proposes to exempt a Privacy Act routine matter that would only affect air System of records from subsections The authority for Part 16 continues to traffic procedures and air navigation, it (c)(3) and (4), (d), (e)(1), (2), and (3), read as follows: (e)(4)(G) and (H), (e)(5) and (8), and (g) is certified that this proposed rule Authority: 5 U.S.C. 301, 552, 552a, 552b(g), would not have significant economic of the Privacy Act, 5 U.S.C. 552a. This 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510, impact on a substantial number of small system of records is the Immigration 534; 31 U.S.C. 3717. entities under the criteria of the and Naturalization Service (INS), 2. It is proposed to amend § 16.99 by Regulatory Flexibility Act. ‘‘National Automated Immigration adding paragraph (a)(3) to read as Lookout System (NAILS), JUSTICE/INS– follows: List of Subjects in 14 CFR Part 71 032.’’ NAILS facilitates INS in its inspection § 16.99 Exemption of the Immigration and Airspace, Incorporation by reference, and investigation process. The Naturalization Service System-limited Navigation (air). automated system provides quick and access. The Proposed Amendment easy retrieval of biographical or case (a) * * * data on persons who may be either (3) The Immigration and In consideration of the foregoing, the inadmissible to the United States, or of Naturalization Service National Federal Aviation Administration interest to other Federal agencies. Automated Immigration Lookout proposes to amend 14 CFR Part 71 as The exemptions are necessary to System (NAILS) JUSTICE/INS–032. The follows: avoid interference with law enforcement exemptions apply only to the extent that
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records in the system are subject to and attachments in an unbound format, combination of large numbers of exemptions pursuant to 5 U.S.C. no larger than 81⁄2 by 11 inches, suitable inexperienced recreational boaters, 552a(j)(2) and (k)(2). for photocopying and electronic filing. If congested waterways, darkness * * * * * you would like to know they reached punctuated by bright flashes of light, [FR Doc. 01–8286 Filed 4–3–01; 8:45 am] us, please enclose a stamped, self- alcohol use, and debris falling into the addressed envelope or postcard. water could easily result in serious BILLING CODE 4410–10–M The Coast Guard will consider all injuries or fatalities. Establishing a comments received during the comment safety zone to control vessel movement period. We may change this proposed within a 300 yard radius of the DEPARTMENT OF TRANSPORTATION rule in view of them. fireworks launch platforms will help Coast Guard Public Meeting ensure the safety of persons and property at these events and help We do not now plan to hold a public 33 CFR Part 165 minimize the associated risk. meeting. But you may request a public Establishing permanent safety zones [CGD09–01–002] meeting by writing to MSO Detroit at by notice and comment rulemaking the address listed under ADDRESSES RIN 2115–AA97 gives the public the opportunity to explaining why one would be comment on the proposed zones, Safety Zone: Captain of the Port beneficial. If we determine that one provides better notice than Detroit Zone would aid this rulemaking, the Coast promulgating temporary rules annually, Guard will hold a public meeting at a and decreases the amount of annual AGENCY: Coast Guard, DOT. time and place announced by a later paperwork required for these events. ACTION: Notice of proposed rulemaking. notice in the Federal Register. The Coast Guard has not previously Background and Purpose received notice of any impact caused by SUMMARY: The Coast Guard proposes to these events. establish safety zones for annual The Coast Guard proposes to establish fireworks displays located in the 23 permanent safety zones that will be Discussion of Proposed Rule Captain of the Port Detroit Zone. This activated for fireworks displays The proposed size of these safety action is necessary to provide for the occurring annually at the same location. zones was determined using National safety of life and property on navigable The 23 proposed locations are New Fire Protection Association and local waters during each event. This action is Baltimore City Park, Lake St. Clair— area fire department standards, intended to restrict vessel traffic in a Anchor Bay; 1000 yards east of Jefferson combined with the Coast Guard’s portion of the Captain of the Port Detroit Beach Marina, Lake St. Clair; Ford’s knowledge of waterway conditions in Zone. Cove, Lake St. Clair; the Brownstown these areas. Wave Pool, Lake Erie; St. Clair City DATES: Comments must be received on Pre-existing rules for marine fireworks or before May 4, 2001. Park, St. Clair River; DNR Boat Launch events listed in 33 CFR 100.901 remain at the mouth of the Ausable River; Port ADDRESSES: Comments may be mailed in effect for the International Freedom Austin Breakwall, Lake Huron; Festival and for the Bay City Fireworks. or delivered to: Commanding Officer, breakwall between Oak & Van Alstyne U.S. Coast Guard Marine Safety Office These previous regulations have proven St., Detroit River; 300 yards east of effective for controlling vessel traffic in Detroit, 110 Mt. Elliott Avenue, Detroit, Grosse Pointe Farms, Lake St. Clair; MI 48207. Marine Safety Office Detroit the regulated areas during these annual Caseville breakwall, Saginaw River; marine fireworks events. This proposed maintains the public docket for this between Algonac and Russell Island, St. rulemaking. Comments and material rule seeks to provide the same high Clair River—North Channel; South levels of protection for other area received from the public, as well as Harbor Breakwall, Lake Huron; 1000 documents indicated in this preamble as marine fireworks events. yards east of Veterans Memorial Park, The Coast Guard believes these new being available in the docket, will St. Clair Shores, Lake St. Clair; anchored become part of this docket and will be regulations will not pose any new 300 yards east of 223 Huron Ave: Black problems for commercial vessels available for inspection or copying at River; anchored 400 yards east of the MSO Detroit between 7:30 a.m. and 4 transiting the area. In the unlikely event Grosse Pointe Yacht Club seawall, Lake that shipping is affected by these new p.m. Monday through Friday, except St. Clair; 300 yards east of the breakwall Federal holidays. regulations, commercial vessels may at Lexington, Lake Huron; anchored at request permission from the Captain of FOR FURTHER INFORMATION CONTACT: the northern end of Mud Island, Ecorse the Port Detroit to transit through the Ensign Brandon Sullivan, U.S. Coast Channel; Grosse Ile Yacht Club deck, safety zone. No commercial shipping Guard Marine Safety Office Detroit, 110 Detroit River; anchored 200 yards east of lanes will be impacted as a result of this Mt. Elliott Ave., Detroit, MI 48207, (313) Trenton, Trenton Channel; anchored rulemaking. 568–9558. 400 yards east of Belle Maer Harbor, The Coast Guard will announce the SUPPLEMENTARY INFORMATION: Lake St. Clair—Anchor Bay; Tawas City exact times and dates for these events by Pier, Lake Huron; anchored 500 yards Request for Comments publishing a Notice of Implementation east of Marine City, St. Clair River; 600 in the Federal Register as well as in the We encourage you to participate in yards off Jefferson Beach Marina, Lake Ninth Coast Guard District Local Notice this rulemaking by submitting St. Clair. to Mariners, marine information comments and related material. If you Based on recent accidents that have broadcasts, and, for those who request it do so, please include your name and occurred in other Captain of the Port from Marine Safety Office Detroit, by address, identify the docket number on zones, and the explosive hazard facsimile (fax). this rulemaking (CGD09–01–002), associated with these events, the indicate the specific section of this Captain of the Port has determined that Regulatory Evaluation proposal to which each comment fireworks launches in close proximity to This proposed rule is not a applies, and give the reason(s) for each watercraft pose a significant risk to ‘‘significant regulatory action’’ under comment. Please submit all comments public safety and property. The likely section 3(f) of Executive Order 12866
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and does not require an assessment of Guard has not received any negative eliminate ambiguity, and reduce potential costs and benefits under reports from small entities affected burden. section 6(a)(3) of that order. The Office during these displays in previous years. Protection of Children of Management and Budget has not If you think that your business, reviewed this rule under that order. It is organization, or governmental The Coast Guard has analyzed this not significant under the regulatory jurisdiction qualifies as a small entity proposed rule under Executive Order policies and procedures of the and that this rule would have a 13045, Protection of Children from Department of Transportation (DOT) (44 significant economic impact on it, Environmental Health Risks and Safety FR 11040, February 26, 1979). We please submit a comment (see Risks. This rule is not an economically expect the economic impact of this ADDRESSES) explaining why you think it significant rule and does not concern an proposed rule to be so minimal that a qualifies and how and to what degree environmental risk to health or risk to full Regulatory Evaluation under this rule would economically affect it. safety that may disproportionately affect paragraph 10(e) of the regulatory children. policies and procedures of DOT is Assistance for Small Entities Environment unnecessary. Under section 213(a) of the Small This determination is based on the Business Regulatory Enforcement We have considered the minimal time that vessels will be Fairness Act of 1996 (Public Law 104– environmental impact of this proposed restricted from the zones, and all of the 121), we want to assist small entities in rule and concluded that, under figure 2– zones are in areas where the Coast understanding this rule so that they can 1, paragraph 32(g) of Commandant Guard expects insignificant adverse better evaluate its effects and participate Instruction M16475.1C, this proposed impact to mariners from the zones’ in the rulemaking process. If the rule rule is categorically excluded from activation. would affect your small business, further environmental documentation. Small Entities organization, or governmental A written categorical exclusion jurisdiction and you have questions determination is available in the docket Under the Regulatory Flexibility Act concerning its provisions or options for for inspection or copying where (5 U.S.C. 601–612), we have considered compliance, please contact Marine indicated under ADDRESSES. whether this proposed rule would have Safety Office Detroit (see ADDRESSES.) a significant impact on a substantial List of Subjects in 33 CFR Part 165 number of small entities. The term Collection of Information Harbors, Marine safety, Navigation ‘‘small entities’’ comprises small This proposed rule would call for no (water), Reporting and record keeping businesses, not-for-profit organizations new collection of information under the requirements, Security measures, that are independently owned and Paperwork Reduction Act of 1995 (44 Waterways. operated and are not dominant in their U.S.C. 3501–3520). For the reasons discussed in the fields, and governmental jurisdictions Federalism preamble, the Coast Guard proposes to with populations of less than 50,000. amend 33 CFR Part 165 as follows: The Coast Guard certifies under 5 We have analyzed this proposed rule U.S.C. 605(b) that this proposed rule under Executive Order 13132 and have PART 165—REGULATED NAVIGATION would not have a significant economic determined that this rule does not have AREAS AND LIMITED ACCESS AREAS impact on a substantial number of small implications for federalism under that entities. Order. 1. The authority citation for Part 165 This proposed rule would affect the continues to read as follows: following entities, some of which might Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191, be small entities: The owners or The Unfunded Mandates Reform Act 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; operators of commercial vessels of 1995 (2 U.S.C. 1531–1538) governs 49 CFR 1.46. intending to transit a portion of an the issuance of Federal regulations that 2. Add § 165.907 to read as follows: activated safety zone. require unfunded mandates. An These safety zones would not have a unfunded mandate is a regulation that § 165.907 Safety zones: annual fireworks significant economic impact on a requires a state, local, or tribal events in the captain of the Port Detroit substantial number of small entities for government or the private sector to Zone. the following reasons: The proposed incur direct costs without the Federal (a) Safety Zones. The following areas zone is only in effect for few hours on Government’s having first provided the are designated safety zones: the day of the event on an annual basis. funds to pay those costs. This proposed (1) Bay-Rama Fishfly Festival, New Vessel traffic can safely pass outside the rule would not impose an unfunded Baltimore, MI: proposed safety zones during the events. mandate. (i) Location. All waters off New In cases where traffic congestion is Baltimore City Park, Lake St. Clair— greater than expected and blocks Taking of Private Property Anchor Bay bounded by the arc of a shipping channels, traffic may be This proposed rule would not effect a circle with a 300-yard radius with its allowed to pass through the safety zone taking of private property or otherwise center located at approximate position under Coast Guard escort with the have taking implications under 42°41′ N, 082°44′ W (NAD 1983). permission of the Captain of the Port Executive Order 12630, Governmental (ii) Expected Date. One day early in Detroit. Before the effective period, the Actions and Interference with June. Coast Guard will issue maritime Constitutionally Protected Property (2) Jefferson Beach Marina Fireworks, advisories widely available to users who Rights. St. Clair Shores, MI: might be in the affected area by (i) Location. All waters of Lake St. publication in the Federal Register and Civil Justice Reform Clair within a 300-yard radius of the the Ninth Coast Guard District Local This proposed rule meets applicable fireworks barge in approximate position Notice to Mariners, Marine information standards in sections 3(a) and 3(b)(2) of 42°32′ N, 082°51′ W (NAD 1983), about broadcasts and facsimile broadcasts may Executive Order 12988, Civil Justice 1000 yards east of Jefferson Beach also be made. Additionally, the Coast Reform, to minimize litigation, Marina.
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(ii) Expected Date. One day in the last bounded by the arc of a circle with a (i) Location. All waters of the Ecorse week of June. 300-yard radius with its center in Channel within a 300-yard radius of the (3) Sigma Gamma Assoc., Grosse approximate position 43°55′ N, 083°17′ fireworks barge in approximate position Pointe Farms, MI: W (NAD 1983). 42°14′ N, 083°09′ W (NAD 1983), at the (i) Location. The waters off Ford’s (ii) Expected Date. One day in the first northern end of Mud Island, Ecorse. Cove, Lake St. Clair bounded by the arc week of July. (ii) Expected Date. One day in the first of a circle with a 300-yard radius with (11) Algonac Pickerel Tournament week of July. its center in approximate position Fireworks, Algonac, MI: (18) Grosse Ile Yacht Club Fireworks: 42°27′ N, 082°52′ W (NAD 1983). (i) Location. All waters of the St. Clair (i) Location. The waters off the Grosse (ii) Expected Date. One day in the last River within a 300-yard radius of the Ile Yacht Club Deck, Detroit River week of June. fireworks barge in approximate position bounded by the arc of a circle with a (4) Lake Erie Metro Park Fireworks: 42°37′ N, 082°32′ W (NAD 1983), 300-yard radius with its center (i) Location. The waters off the between Algonac and Russell Island, St. approximately located at latitude 42°05′ Brownstown Wave Pool area, Lake Erie Clair River—North Channel. N, 083°09′ W (NAD 1983). bounded by the arc of a circle with a (ii) Expected Date. One day in the first (ii) Expected Date. One day in the first 300-yard radius with its center in week of July. week of July. approximate position 42°03′ N, 083°11′ (12) Port Sanilac Fireworks, Port (19) Trenton Fireworks Display, W (NAD 1983). Sanilac, MI: Trenton, MI: (ii) Expected Date. One day in the first (i) Location. The waters off the South (i) Location. All waters of the Trenton week of July. Harbor Breakwall, Lake Huron bounded Channel within a 300-yard radius of the (5) City of St. Clair Fireworks: by the arc of a circle with a 300-yard fireworks barge in approximate position ° ′ ° ′ (i) Location. The waters off St. Clair radius with its center in approximate 42 09 N, 083 10 W (NAD 1983), about City Park, St. Clair River bounded by the position 43°25′ N, 082°31′ W (NAD 200 yards east of Trenton, in the arc of a circle with a 300-yard radius 1983). Trenton Channel. with its center in approximate position (ii) Expected Date. One day in the first (ii) Expected Date. One day in the first 42°49′ N, 082°29′ W (NAD 1983). week of July. week of July. (ii) Expected Date. One day in the first (13) St. Clair Shores Fireworks, St. (20) Belle Maer Harbor 4th of July week of July. Clair Shores, MI: Fireworks, Harrison Township, MI: (6) Oscoda Township Fireworks: (i) Location. All waters of Lake St. (i) Location. All waters of Lake St. (i) Location. The waters off the DNR Clair within a 300-yard radius of the Clair within a 300-yard radius of the Boat Launch at the mouth of the fireworks barge in approximate position fireworks barge in approximate position ° ′ ° ′ Ausable River bounded by the arc of a 42°32′ N, 082°51′ W (NAD 1983), about 42 36 N, 082 47 W (NAD 1983), about circle with a 300-yard radius with its 1000 yards east of Veterans Memorial 400 yards east of Belle Maer Harbor, center in approximate position 44°19′ N, Park (off Masonic Rd.), St. Clair Shores. Lake St. Clair—Anchor Bay. 083°25′ W (NAD 1983). (ii) Expected Date. One day in the first (ii) Expected Date. One day in the first (ii) Expected Date. One day in the first week of July. week of July. (21) Tawas City 4th of July Fireworks, week of July. (14) Port Huron 4th of July Fireworks, (7) Port Austin Fireworks: Tawas, MI: Port Huron, MI: (i) Location. The waters off the Tawas (i) Location. The waters off the Port (i) Location. All waters of the Black City Pier, Lake Huron bounded by the Austin Breakwall, Lake Huron bounded River within a 300-yard radius of the arc of a circle with a 300-yard radius by the arc of a circle with a 300-yard fireworks barge in approximate position ° ′ ° ′ with its center in approximate position radius with its center in approximate 42 58 N, 082 25 W (NAD 1983), about ° ′ ° ′ ° ′ ° ′ 44 13 N, 083 30 W (NAD 1983). position 43 03 N, 082 40 W (NAD 300 yards east of 223 Huron Ave., Black (ii) Expected Date. One day in the first 1983). River. week of July. (ii) Expected Date. One day in the first (ii) Expected Date. One day in the first (22) Maritime Day Fireworks, Marine week of July. week of July. City, MI: (8) City of Wyandotte Fireworks, (15) Grosse Pointe Yacht Club 4th of (i) Location. All waters of the St. Clair Wyandotte, MI: July Fireworks, Grosse Pointe Shores, River within a 300-yard radius of the (i) Location. The waters off the MI: fireworks barge in approximate position breakwall between Oak & Van Alstyne (i) Location. All waters of Lake St. 42°43′ N, 082°29′ W (NAD 1983), about St., Detroit River bounded by the arc of Clair within a 300-yard radius of the 500 yards east of Marine City, St. Clair a circle with a 300-yard radius with its fireworks barge in approximate position ° ′ ° ′ ° ′ River. center in approximate position 42 12 N, 42 25 N, 082 52 W (NAD 1983), about (ii) Expected Date. One day in the ° ′ 083 09 W (NAD 1983). 400 yards east of the Grosse Pointe second weekend of August. (ii) Expected Date. One day in the first Yacht Club seawall, Lake St. Clair. (23) Venetian Festival Boat Parade & week of July. (ii) Expected Date. One day in the first Fireworks, St. Clair Shores, MI: (9) Grosse Pointe Farms Fireworks, week of July. (i) Location. All waters of Lake St. Grosse Pointe Farms, MI: (16) Lexington Independence Festival Clair within a 300-yard radius of the (i) Location. All waters of Lake St. Fireworks, Lexington, MI: fireworks barge in approximate position Clair within a 300-yard radius of the (i) Location. All waters of Lake Huron 42°28′ N, 082°52′ W (NAD 1983), about fireworks barge in approximate position within a 300-yard radius of the 600 yards off Jefferson Beach Marina, ° ′ ° ′ 42 23 N, 082 52 W (NAD 1983), about fireworks barge in approximate position Lake St. Clair. 300 yards east of Grosse Pointe Farms. 43°13′ N, 082°30′ W (NAD 1983), about (ii) Expected Date. One day in the (ii) Expected Date. One day in the first 300 yards east of the Lexington second weekend of August. week of July. breakwall, Lake Huron. (b) Regulations. (10) Caseville Fireworks, Caseville, (ii) Expected Date. One day in the first (1) The general regulations contained MI: week of July. in 33 CFR 165.23 apply. (i) Location. The waters off the (17) City of Ecorse Water Festival (2) All persons and vessels shall Caseville breakwall, Saginaw River Fireworks, Ecorse, MI: comply with the instructions of the
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Coast Guard Captain of the Port or the Drive, Grand Haven, Michigan 49417. safety of participating and spectator designated on scene patrol personnel. Coast Guard MSD Grand Haven vessels and personnel. Coast Guard patrol personnel include maintains the public docket for this The Moving Safety Zone will include commissioned, warrant, and petty rulemaking. Comments and material the areas around and between all the officers of the U.S. Coast Guard. Upon received from the public, as well as vessels participating in the Tall Ships being hailed by a U.S. Coast Guard documents indicated in this preamble as Challenge 2001 parade of tall ships vessel via siren, radio, flashing light, or being available in the docket, will during their transit in Muskegon Lake other means, the operator shall proceed become part of this docket and available and vicinity on Monday, August 13, as directed. for inspection or copying at Coast Guard 2001. The Moving Safety Zone will (3) The safety zones in this regulation MSD Grand Haven between 8 a.m. and include the area extending a distance of are outside navigation channels and will 4 p.m., Monday through Friday, except 100 yards ahead of the lead vessel in the not adversely affect shipping. In cases Federal holidays. parade, 100 yards abeam each vessel in the parade, and 100 yards astern of the where shipping is affected, commercial FOR FURTHER INFORMATION CONTACT: LT vessels may request permission from the David Berliner, Supervisor, Marine last vessel in the parade. The Moving Captain of the Port Detroit to transit the Safety Detachment Grand Haven (616) Safety Zone will ensure that spectator safety zone. Approval will be made on 850–2580. craft do not impede the path of any of a case-by-case basis. Requests must be the parade vessels. SUPPLEMENTARY INFORMATION: made in advance and approved by the The vessel congestion due to the large Captain of the Port before transits will Request for Comments number of participating and spectator vessels poses a significant threat to the be authorized. The Captain of the Port We encourage you to participate in may be contacted via U.S. Coast Guard safety of life. This proposed rulemaking this rulemaking by submitting is necessary to ensure the safety of life Group Detroit on Channel 16, VHF–FM. comments and related material. If you (c) Effective Period. The Captain of on the navigable waters of the United do so, please include your name and the Port Detroit will publish at least 15 States. address, identify the docket number for days in advance a Notice in the Federal this rulemaking (CGD09–01–009), Discussion of Proposed Rule Register as well as in the Ninth Coast indicate the specific section of this Guard District Local Notice to Mariners In order to ensure vessel safety, a document to which each comment the dates and times this section is in Moving Safety Zone is proposed for the applies, and give the reason for each effect. vessels participating in the Tall Ships comment. Please submit all comments Challenge 2001 parade of tall ships on Dated: March 23, 2001. and related material in an unbound Monday, August 13, 2001. The Moving S.P. Garrity, format, no larger than 81⁄2 by 11 inches, Safety Zone will be in effect around the Commander, U.S. Coast Guard, Captain of suitable for copying. If you would like vessels participating in the parade of tall the Port Detroit. to know they reached us, please include ships from 11 a.m. until 5 p.m. on [FR Doc. 01–8188 Filed 4–3–01; 8:45 am] a stamped, self-addressed postcard or Monday, August 13, 2001. The parade of BILLING CODE 4910–15–U envelope. We will consider all tall ships will begin at 11 a.m. on comments and material received during Monday, August 13, 2001 in Muskegon the comment period. We may change Lake at approximately 43°14′36″ N, DEPARTMENT OF TRANSPORTATION this proposed rule in view of them. 086°15′44″ W. The parade of tall ships will then proceed to waypoint 43°13′37″ Coast Guard Public Meeting N, 086°17′41″ W, then to waypoint We do not plan to hold a public 43°14′07″ N, 086°19′21″ W, then 33 CFR Part 165 meeting. But you may submit a request outbound through Muskegon Lake [CGD09–01–009] for a meeting by writing to Coast Guard Entrance Channel to the final parade MSD Grand Haven at the address under ° ′ ″ RIN 2115–AA97 waypoint in Lake Michigan at 43 13 11 ADDRESSES explaining why one would N, 086°21′36″ W. The parade of tall Tall Ships Challenge 2001, Moving be beneficial. If we determine that one ships will finish at approximately 5 Safety Zone, Muskegon Lake, would aid this rulemaking, we will hold p.m. on Monday, August 13, 2001. Muskegon, MI one at a time and place announced by a later notice in the Federal Register. Regulatory Evaluation AGENCY: Coast Guard, DOT. This proposed rule is not a significant Background and Purpose ACTION: Notice of proposed rulemaking. regulatory action under section 3(f) of The Port of Muskegon American Sail Executive Order 12866 and does not SUMMARY: The Coast Guard proposes to Training Association Tall Ships require an assessment of potential costs establish a Moving Safety Zone during Challenge 2001 will take place in and benefits under section 6(a)(3) of that the Tall Ships Challenge 2001 parade of Muskegon, Michigan, from August 9, Order. The Office of Management and tall ships in Muskegon Lake and 2001 through August 13, 2001. During Budget has not reviewed it under that vicinity, Muskegon, Michigan, from 11 the Tall Ships Challenge 2001, a large Order. It is not significant under the a.m. until 5 p.m. on Monday, August 13, number of tall ships will visit Muskegon regulatory policies and procedures of 2001. These regulations are necessary to Lake, with waterside events, in-port the Department of Transportation (DOT) ensure the safe navigation of vessels and tours, and waterside moored vessel (44 FR 11040; February 26, 1979). the safety of life and property during viewing. On Monday, August 13, 2001, We expect the economic impact of periods of heavy vessel traffic. from 11 a.m. to 5 p.m., the tall ships this proposed rule to be so minimal that DATES: Comments must reach the Coast will take part in a ceremonial departure a full Regulatory Evaluation under Guard on or before June 4, 2001. parade of tall ships, which is expected paragraph 10e of the regulatory policies ADDRESSES: You may mail comments to attract a large number of spectator and procedures of DOT is unnecessary. and related material to Coast Guard vessels. The Coast Guard will establish The Moving Safety Zone will be in Marine Safety Detachment (MSD) Grand a Moving Safety Zone surrounding the effect for a limited time, and extensive Haven (CGD09–01–009), 650 S. Harbor participating tall ships to ensure the advance notice will be made to the
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maritime community via Local Notice to business, organization, or governmental Indian tribe, on the relationship Mariners and marine safety information jurisdiction and you have questions between the Federal Government and broadcasts. This temporary regulation is concerning its provisions or options for Indian tribes, or on the distribution of tailored to impose a minimal impact on compliance, please contact Coast Guard power and responsibilities between the maritime interests without MSD Grand Haven at the address listed Federal Government and Indian tribes. compromising safety. Compensating for under ADDRESSES. any adverse impacts are the favorable Environment economic impacts that these events will Collection of Information We considered the environmental have on commercial activity in the area This proposed rule would call for no impact of this proposed rule and as a whole from the boaters and tourists new collection of information under the concluded that under figure 2–1, these events are expected to attract. Paperwork Reduction Act of 1995 (44 paragraph 34(g) of Commandant U.S.C. 3501–3520). Instruction M16475.1C, this proposed Small Entities rule is categorically excluded from Federalism Under the Regulatory Flexibility Act further environmental documentation. (5 U.S.C. 601–612), we considered We have analyzed this proposed rule This rule will not cause significant whether this proposed rule would have under Executive Order 13132 and have impacts on the environment; a significant economic impact on a determined that this rule does not have significantly change existing substantial number of small entities. implications for federalism under that environmental conditions; have more The term ‘‘small entities’’ comprises Order. than a minimal impact on protected small businesses, not-for-profit Unfunded Mandates Reform Act properties; or provide inconsistencies organizations that are independently with State, local or Federal laws. A owned and operated and are not The Unfunded Mandates Reform Act ‘‘Categorical Exclusion Determination’’ dominant in their fields, and of 1995 (2 U.S.C. 1531–1538) governs is available in the docket where governmental jurisdictions with the issuance of Federal regulations that indicated under ADDRESSES. populations of less than 50,000. require unfunded mandates. An The Coast Guard certifies under 5 unfunded mandate is a regulation that List of Subjects in 33 CFR Part 165 U.S.C. 605(b) that this proposed rule requires a State, local or tribal Harbors, Marine safety, Navigation would not have a significant economic government or the private sector to (water), Reporting and recordkeeping impact on a substantial number of small incur direct costs without the Federal requirements, Security measures, entities. The proposed rule would affect Government’s having first provided the Waterways. the following entities, some of which funds to pay those costs. The proposed For the reasons discussed in the might be small entities: The owners of rule would not impose an unfunded preamble, the Coast Guard proposes to businesses along the regulated portion mandate. amend 33 CFR Part 165 as follows: of Muskegon Lake and vicinity, and the owners or operators of vessels intending Taking of Private Property PART 165—REGULATED NAVIGATION to transit in the regulated portion of This proposed rule would not effect a AREAS AND LIMITED ACCESS AREAS Muskegon Lake and vicinity from 11 taking of private property or otherwise a.m. EDT through 5 p.m. EDT on have taking implications under 1. The authority citation for part 165 Monday, August 13, 2001. The proposed Executive Order 12630, Governmental continues to read as follows: rule would not have a significant Actions and Interference with Authority: 33 U.S.C. 1231; 50 U.S.C. 191, economic impact on a substantial Constitutionally Protected Property 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; number of small entities for the Rights. 49 CFR 1.46. following reasons: The rule will be in Civil Justice Reform 2. Add temporary § 165.T09–013 to effect for a short time, and before the read as follows: effective period, we will issue extensive This proposed rule meets applicable advance notice of the event to the standards in sections 3(a) and 3(b)(2) of § 165.T09–013 Moving safety zone: tall maritime community via Local Notice to Executive Order 12988, Civil Justice ships challenge 2001, Muskegon Lake and Mariners and marine safety information Reform, to minimize litigation, Lake Michigan, Muskegon, Michigan. broadcasts. eliminate ambiguity, and reduce (a) Location. The waters of Muskegon If you think that your business, burden. Lake and Lake Michigan, Muskegon, organization, or governmental Michigan. Protection of Children jurisdiction qualifies as a small entity (b) Effective date. These regulations and that this rule would have a We have analyzed this proposed rule are in effect from 11 a.m. EDT until 5 significant economic impact on it, under Executive Order 13045, p.m. EDT on Monday, August 13, 2001. please submit a comment (see Protection of Children from (c) Regulations. ADDRESSES) explaining why you think it Environmental Health Risks and Safety (1) The following area is designated as qualifies and how and to what degree Risks. This rule is not an economically a Moving Safety Zone for the Tall Ships this proposed rule would economically significant rule and does not concern an Challenge 2001 parade of tall ships: All affect it. environmental risk to health or risk to waters in an area extending a distance safety that may disproportionately affect of 100 yards ahead of the lead vessel in Assistance for Small Entities children. the parade, 100 yards abeam each vessel Under section 213(a) of the Small in the parade, and 100 yards astern of Business Regulatory Enforcement Indian Tribal Governments the last vessel in the Tall Ships Fairness Act of 1996 (Public Law 104– This rule does not have tribal Challenge 2001 parade of tall ships. The 121), we want to assist small entities in implications under Executive Order Moving Safety Zone for the parade will understanding this proposed rule so that 13175, Consultation and Coordination begin at 11 a.m. on Monday, August 13, they can better evaluate its effects on with Indian Tribal Governments. A rule 2001 in Muskegon Lake at them and participate in the rulemaking. with tribal implications has a approximately 43°14′36″ N, 086°15′44″ If the rule would affect your small substantial direct effect on one or more W, and will remain with the parade of
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tall ships beginning at 43°14′36″ N, available for public inspection in the by a person who, through education, 086°15′44″ W, proceeding to waypoint Office of Regulations Management, training, or experience, is qualified to 43°13′37″ N, 086°17′41″ W, then to Room 1158, between the hours of 8:00 offer medical diagnoses, statements or waypoint 43°14′07″ N, 086°19′21″ W, a.m. and 4:30 p.m., Monday through opinions. Competent medical evidence then outbound through Muskegon Lake Friday (except holidays). would also include statements Entrance Channel to the final parade FOR FURTHER INFORMATION CONTACT: conveying sound medical principles waypoint in Lake Michigan at 43°13′11″ Janice Jacobs, Lead Consultant, Strategy found in medical treatises. In addition N, 086°21′36″ W. The Moving Safety Development Staff, Compensation and it would include statements contained Zone will terminate at 5 p.m. EDT on Pension Service, Veterans Benefits in authoritative writings such as Monday, August 13, 2001 at position Administration, 810 Vermont Avenue, medical and scientific articles and 43°13′11″ N, 086°21′36″ W. NW, Washington, DC 20420, telephone research reports or analyses. (2) All vessel operators shall comply (202) 273–7223. We propose to define ‘‘competent lay with the instructions of the U.S. Coast SUPPLEMENTARY INFORMATION: In the evidence’’ in § 3.159(a)(2) to mean any Guard Captain of the Port Chicago or the Veterans Claims Assistance Act of 2000, evidence not requiring that the designated on-scene U.S. Coast Guard Pub. L. 106–475 (the VCAA), Congress proponent have specialized education, patrol personnel including amended sections 5102 and 5103 of title training, or experience. Lay evidence is commissioned, warrant, and petty 38, United States Code, and added new competent if it is provided by a person officers. Permission to deviate from the sections 5100 and 5103A pertaining to who has knowledge of facts or above rules must be obtained from the VA’s duty to assist a claimant in circumstances and conveys matters that Captain of the Port Chicago or his obtaining evidence in support of a claim can be observed and described by a lay representative by VHF/FM radio, for benefits. Congress also amended person. Although a lay person, under Channel 9 or by telephone at (616) 204– section 5107 by deleting the concept of this proposed definition, would not be 2877. a ‘‘well-grounded claim’’ previously qualified to offer medical opinions or to Dated: March 27, 2001. contained in that section. It retained the diagnose a medical condition, he or she James D. Hull, concept that the claimant is responsible would be qualified to describe Rear Admiral, U.S. Coast Guard, Commander, for presenting and supporting a claim symptoms of disability that he or she Ninth Coast Guard District, Cleveland, Ohio. for benefits, and affirmed that the VCAA has experienced or has observed in [FR Doc. 01–8186 Filed 4–3–01; 8:45 am] shall not be construed to require VA to others. For example, as noted in the legislative history of the VCAA, a lay BILLING CODE 4910–15–U reopen a claim that has been disallowed except when new and material evidence person can provide competent evidence is presented or secured as described in that he or she has a pain in the knee but ‘‘VA would not be bound to accept a DEPARTMENT OF VETERANS 38 U.S.C. 5108. VA is proposing veteran’s assertion that he has a torn AFFAIRS regulations to implement the provisions of these sections. ligament, for that would require more 38 CFR Part 3 The VA General Counsel held in sophisticated information.’’ See Explanatory Statement on H.R. 4864, As RIN 2900–AK69 VAOPGCPREC 11–2000 that all of the provisions of the VCAA apply to claims Amended, 146 Cong. Rec. H9913, 9915 (daily ed. Oct. 17, 2000). Duty to Assist filed on or after November 9, 2000, as well as to claims filed before then but We propose to define a ‘‘substantially AGENCY: Department of Veterans Affairs. not finally decided as of that date. complete application’’ for benefits in 38 ACTION: Proposed rule. CFR 3.159(a)(3) as one that contains the Need to Write Regulations claimant’s name; his or her relationship SUMMARY: The Department of Veterans Section 5103A(e) of title 38, United to the veteran, if applicable; identifying Affairs (VA) is proposing to amend its States Code, directs VA to prescribe service information, if applicable; the adjudication regulations to implement regulations to carry out the provisions of benefit claimed and any underlying the provisions of the Veterans Claims section 5103A, which now govern VA’s medical conditions on which it is based; Assistance Act of 2000 (the VCAA), duty to assist claimants in obtaining and the claimant’s signature. If which was signed by the President on evidence to support their claims. applicable, as in claims for nonservice- November 9, 2000. The intended effect Accordingly, VA is proposing to revise connected disability or death pension, of this regulation is to establish clear 38 CFR 3.159, the regulation that and parents’ dependency and indemnity guidelines consistent with the intent of governs VA’s duty to assist. compensation, an application would Congress regarding the timing and the also have to include a statement of scope of assistance VA will provide to Definitions income to be substantially complete. a claimant who files a substantially We propose to define the terms Although VA application forms request complete application for VA benefits. ‘‘competent medical evidence’’ and more information from the respondent DATES: Comments must be received on ‘‘competent lay evidence’’ in paragraphs than these facts, the information or before May 4, 2001. (a)(1) and (a)(2) of § 3.159 consistently required to make an application ADDRESSES: Mail or hand-deliver with the intent of Congress as shown in substantially complete is generally written comments to: Director, Office of the legislative history of the VCAA. See sufficient for VA to identify the benefit Regulations Management (02D), Explanatory Statement on H.R. 4864, As claimed, determine whether the Department of Veterans Affairs, 810 Amended, 146 Cong. Rec. H9913, 9915 claimant is potentially eligible for it, Vermont Ave., NW, Room 1154, (daily ed. Oct. 17, 2000). Our proposed and identify, at least generally, the types Washington, DC 20420; or fax comments definitions are also consistent with the of evidence that would be required to to (202) 273–9289; or e-mail comments holdings of the Court of Appeals for substantiate the claim. A complete to [email protected]. Veterans Claims. See, e.g., Espiritu v. application would necessarily be a Comments should indicate that they are Derwinski, 2 Vet. App. 492 (1992). We substantially complete application for submitted in response to ‘‘RIN 2900– propose to define ‘‘competent medical purposes of VA’s assistance in AK69.’’ All comments received will be evidence’’ to mean evidence provided developing the claim.
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In addition, we propose to define the the date it requested it from the substantiate a claim. Consistent with the term ‘‘event’’ in § 3.159(a)(4) for claimant, it will readjudicate the claim. provisions of the VCAA, we also purposes of § 3.159(c)(4)(i) to mean a In addition, in order to allow for the propose regulations related to VA’s duty potentially harmful occurrence, such as timely processing of claims, we propose to obtain relevant existing records and would be associated with a particular that, whether or not a claimant VA’s duty to provide a medical duty assignment or place of duty. responded to VA’s request for further examination or obtain a medical We also propose in § 3.159(f) that, for evidence necessary to substantiate the opinion. In addition, we propose to the purpose of the notice requirements claim, VA may adjudicate the claim retain the provision in current § 3.159 in paragraphs (b) and (e) of this section, prior to the expiration of the one-year that prohibits VA from paying any fees notice to the claimant means notice to period. If upon adjudication the claim is charged by a custodian of the records for the claimant or his or her fiduciary, if denied and VA subsequently receives providing the records. VA has no any, as well as to his or her the requested information and evidence statutory authority to pay any costs representative, if any. within one year from the date of the charged for providing records. request for information and evidence, Furthermore, 38 U.S.C. 5106 as VA’s Duty To Notify Claimants of the prior decision would be abrogated amended by the VCAA requires the Necessary Information or Evidence and the claim readjudicated. department or agency providing Consistent with the provisions in 38 In our view, it is also reasonable to information to VA for purposes of U.S.C. 5103A, we propose in 38 CFR request that the claimant submit any determining eligibility for, the amount 3.159(b)(1) that, if VA receives an evidence in his or her possession that of, or verifying entitlement to veterans’ application for benefits that is pertains to the claim, and we have benefits to bear the cost of providing the substantially complete, VA would notify included such a provision in the information. proposed regulation. A claimant has an the claimant of the information and We propose in 38 CFR 3.159(c)(1) obligation to cooperate with VA in medical or lay evidence required to that, upon receipt of a substantially obtaining evidence. Because the duty to substantiate the claim. The legislative complete application, VA will make assist is not ‘‘always a one-way street,’’ history of the VCAA indicates that reasonable efforts to help a claimant the claimant cannot passively wait for Congress intended the notice to inform obtain records relevant to the claim that VA’s assistance in circumstances where the claimant of what medical evidence, are not in the custody of a Federal he or she may or should have such as diagnoses or opinions on causes department or agency. This provision information that is essential to obtaining would encompass medical records from or onset of the claimed condition, and evidence. Zarycki v. Brown, 6 Vet. App. private care providers, records from what lay evidence, such as statements 91 (1993); Wamhoff v. Brown, 8 Vet. current or former employers, and by the veteran, witnesses, or family App. 517 (1996). records from other non-governmental members, would be necessary to We also propose in 38 CFR 3.159(b)(2) entities. substantiate the claim. See Explanatory that, if VA receives an incomplete 38 U.S.C. 5103A(b)(1) states that VA Statement on H.R. 4864, As Amended, application, that is, one in which the ‘‘shall make reasonable efforts’’ to 146 Cong. Rec. H9913, 9914 (daily ed. claimant has failed to provide his or her obtain relevant records adequately Oct. 17, 2000). The notice would also name, relationship to the veteran, if identified by the claimant. We propose inform the claimant which information applicable, identifying service in 38 CFR 3.159(c)(1) that, for record and evidence the claimant is to provide information, the benefit claimed and requests to non-Federal government and which information and evidence any medical condition(s) on which it is sources, VA’s reasonable efforts would VA will attempt to obtain on the based, a statement of income, if generally consist of an initial request for claimant’s behalf. Information and applicable, or a signature, VA would the records identified by the claimant evidence the claimant is to provide notify the claimant of the information and, if the records are not received, at would reasonably include identification necessary to complete the application. least one follow-up request. A follow-up of medical treatment providers, income Consistent with 38 U.S.C. 5103A(a)(3), request would not be required if the evidence, and other information or we propose that VA will defer response to the initial request indicates evidence in the claimant’s control. assistance to the claimant until the that the records sought do not exist or Consistent with the statutory claimant provides the information that further requests would be futile. For language, we propose in 38 CFR necessary to substantially complete the example, if in response to VA’s request 3.159(b)(1) that, if VA does not receive application. In our view, it is reasonable for records from a private physician VA the necessary information and evidence to require a claimant to submit a receives a response that the physician is within one year of the date of the notice substantially complete application no longer in practice and his or her to the claimant, VA cannot pay or before VA will undertake to assist the records no longer exist, a follow-up provide any benefits based on that claimant, so that VA can determine from request would be unnecessary. We also application. However, in order to allow the application whether the claimant is propose in § 3.159(c)(1) that, if VA for the timely processing of claims, we potentially eligible for the benefit receives information showing that propose that, if a claimant does not claimed and whether or not VA subsequent requests to this or another respond to VA’s request for information assistance would help substantiate the source could result in obtaining the and evidence necessary to substantiate claim. records sought, then reasonable efforts the claim within a reasonable period of would also include an initial request time, VA may adjudicate the claim General Rule, VA’s Duty To Assist and, if the records are not received, at based on the information and evidence Claimants in Obtaining Evidence least one follow-up request to the new it has obtained on behalf of the claimant We propose a general rule in 38 CFR source or an additional request to the and all other evidence then of record 3.159(c), paralleling the statutory original source. We believe that two prior to the expiration of the one-year language in 38 U.S.C. 5103A(a)(1), that requests for records are generally period. Consistent with current VA, upon receipt of a substantially sufficient because, in our experience in procedures, if VA subsequently receives complete application, will make claims development, if VA requests the requested information and evidence reasonable efforts to help a claimant documents from a custodian of private from the claimant within one year from obtain evidence necessary to records but receives no response after
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two requests, the custodian seldom, if custodian of the records; the 5103A(c) requiring VA to obtain certain ever, responds to additional requests. approximate time frame covered by the records identified by the claimant to Therefore, it would serve no purpose to records; and in the case of medical help substantiate a claim for continue requesting records. If two treatment records, the condition for compensation. These records are service requests do not produce the records but which treatment was provided. records, VA treatment or examination point VA to a new source for them, Depending on the nature of the records records, and other Federal department however, VA would follow up on this sought, adequate identification by the or agency records. Therefore, we are additional information by an initial claimant may also require that the proposing that, in claims for disability request for the records to the newly- claimant provide additional information compensation, VA’s efforts to assist a identified source and a follow-up to enable the custodian of the record to claimant in obtaining records must request if necessary. locate the record. This would include include attempts to obtain service VA will also assist claimants by VA requests for records from custodians medical records, and the following requesting records in the custody of a such as the National Archives and records if sufficiently identified by the Federal agency or department. We Records Administration or the U.S. claimant and relevant: other records propose that the following types of Armed Forces Center for Unit Records related to military service, such as records would be considered in the Research to corroborate a claimed military personnel records; VA medical custody of a Federal agency or stressor for post-traumatic stress records or records of examination or department: military records, including disorder. treatment at non-VA facilities service medical records; medical and We propose in paragraphs (c)(1)(i) and authorized by VA; and any other records other records from VA medical (c)(2)(i) of § 3.159 that a claimant must held by any Federal department or facilities; records from non-VA facilities adequately identify all records to be agency, which would include records providing examination or treatment at requested by VA on the claimant’s from the Social Security VA expense; and records from other behalf. This would apply to all records, Administration. Federal agencies, such as the Social Federal and non-Federal, except for Security Administration. 38 U.S.C. service medical records, which are Medical Examinations and Medical 5103A(b)(3) provides that VA’s efforts to records that VA can easily obtain Opinions at VA Expense obtain such records ‘‘shall continue without further identification from the Under section 5103A(d) of 38 U.S.C., until the records are obtained unless it claimant. We believe that it is VA must provide a medical examination is reasonably certain that such records reasonable to require a claimant to or obtain a medical opinion in do not exist or that further efforts to provide enough information to allow the compensation claims ‘‘when such an obtain those records would be futile.’’ custodian of the records to locate them. examination or opinion is necessary to Therefore, we propose in 38 CFR In the case of VA medical records, this make a decision on the claim.’’ The 3.159(c)(2) that, in requesting records information is necessary to determine VCAA further provides that an from a Federal department or agency, which of the many VA medical facilities examination or opinion is ‘‘necessary’’ if VA will make as many requests as are provided treatment and to locate any the evidence of record, considering all necessary to obtain the identified relevant records of such treatment. We the information and lay or medical records. We also propose that VA’s believe it is reasonable to require a evidence, including statements of the efforts would end only if VA concludes claimant to identify the condition for claimant: (1) Contains competent that the records do not exist or that which treatment was provided because evidence that the claimant has a current further efforts would be futile. We this information may assist VA and non- disability or persistent or recurrent propose that VA may make that VA medical facilities in locating the symptoms of disability; and (2) conclusion, for example, if the source requested records, particularly if indicates that the disability or advises VA that the requested records treatment has been provided for several symptoms may be associated with the do not exist or that it does not have medical conditions. The claimant’s claimant’s military service; but (3) does them or if VA’s substantial efforts to failure to adequately identify records not contain sufficient medical evidence obtain the records are unsuccessful. In may, depending on the evidence of to decide the claim. our view, this proposed provision record, result in denial of the benefit We propose to implement 38 U.S.C. reflects the Congressional intent that VA sought. 5103A(d)(2) by providing in 38 CFR have a higher burden in attempting to Consistent with 38 U.S.C. 3.159(c)(4)(i) that, in claims for obtain records maintained by VA and 5103A(b)(1), VA proposes in paragraphs disability compensation, VA would other Federal agencies than it does in (c)(1)(ii) and (c)(2)(ii) of § 3.159 to provide an examination or obtain a attempting to obtain records from non- require a claimant to authorize, if medical opinion if, after completing its Federal governmental sources. necessary, the release of existing records duty to assist a claimant in obtaining 38 U.S.C. 5103A(b)(1) requires VA to in a form acceptable to the records’ evidence as outlined in proposed make reasonable efforts to obtain custodian. If a claimant does not do so, § 3.159(c)(1) through (c)(3), the record: relevant records that a claimant the claimant prevents VA from (1) Contains competent evidence of a ‘‘adequately identifies’’ and authorizes obtaining the records, and in such cases, current disability or of persistent or VA to obtain. We propose to state that depending on the evidence of record, recurrent symptoms of a disability; (2) a claimant must cooperate fully with the claimant’s failure to authorize the establishes an in-service event, disease VA’s reasonable efforts to obtain release of records may result in denial or injury that may be associated with relevant records. Consistent with of the benefit sought. the claimed condition; and (3) indicates section 5103A(b)(1) we propose in that the claimed condition may be paragraphs (c)(1)(i) and (c)(2)(i) of VA’s Duty To Assist a Claimant in associated with the event, injury, or § 3.159 that such cooperation would Obtaining Records in Compensation disease in service. If there is evidence of require a claimant to provide enough Claims these three elements, VA would, when information to identify and locate the In addition to any other requirements necessary to adjudicate the claim, relevant records. This information under VA’s general duty to assist a provide a medical examination or obtain would ordinarily include the name of claimant in obtaining evidence, there a medical opinion as to the relationship, the person, company, agency, or other are specific provisions in 38 U.S.C. if any, of the current disability to an
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established event, injury, or disease in A second situation would involve a a claim, the claim may not thereafter be service, or an existing service-connected claim that, on its face, is inherently reopened and allowed and a claim disability. incredible or clearly lacks merit. Such a based upon the same factual basis may We would require that the evidence claim would be incapable of not be considered, except as provided in establish an in-service event, disease, or substantiation. Examples of that type of 38 U.S.C. 5108. 38 U.S.C. 7104(b). injury. In our view, if, after VA claim would be a compensation claim Section 5108 provides that, if new and completes its duty to obtain records as for prostate cancer from a female material evidence is presented or required by 38 U.S.C. 5103A(b), the veteran, a claim for ovarian cancer from secured with respect to a claim which evidence of record does not establish a male veteran. There may be other has been disallowed, VA shall reopen such an event, disease, or injury, ‘‘no claims, as well, in which the claimant the claim and review the former reasonable possibility exists that further asserts an etiology for a claimed disposition of the claim.’’ Not only assistance [i.e., a medical examination condition that would be inherently Board decisions are final; decisions of or opinion], would aid in substantiating incredible. The third situation would the agency of original jurisdiction can the claim.’’ 38 U.S.C. 5103A(a)(2). The involve a claim for a benefit to which become final too. If an action or gap left by a lack of evidence of an in- the claimant is not entitled as a matter determination of an agency of original service event, disease, or injury could of law. Examples of such claims are jurisdiction is not timely appealed, the not generally be filled by a VA ones for compensation for a disability action or determination becomes final examination report or medical opinion. that is the result of willful misconduct and the claim may not thereafter be For example, a doctor who examines a or a claim for service connection for reopened or allowed, except as veteran after service could not, in his or alcoholism or drug addiction. provided. 38 U.S.C. 7105(c); 38 CFR her capacity as an examiner, attest to 3.104(a). Final decisions by an agency of Duty To Notify Claimant of Inability To whether the veteran was exposed to a original jurisdiction are also subject to Obtain Records particular stressor at a particular time. reopening if new and material evidence We further propose in 38 CFR 38 U.S.C. 5103A also requires VA to is presented or secured. Suttman v. 3.159(c)(4)(ii) that the 38 U.S.C. (1) notify the claimant that it is unable Brown, 5 Vet. App. 127, 135 (1993) 5103A(d)(2)(B) condition that there be to obtain relevant records, (2) identify (section 7105(c) finality also subject to evidence ‘‘indicat[ing] that the disability the records it cannot obtain, (3) briefly exception in section 5108). or symptoms may be associated with the explain the efforts it made to obtain Nothing in 38 U.S.C. 5103A requires claimant’s’’ service could be satisfied by them, and (4) describe any further VA to reopen a disallowed claim unless evidence showing continuity of action VA will take with respect to the new and material evidence is presented symptoms of a disability since the claim. We propose in § 3.159(e)(1) that or secured, as provided by section 5108. veteran’s release from active duty, post- VA would provide the claimant written 38 U.S.C. 5103A(f). However, nothing in service treatment for a condition, or or oral notice that it is unable to obtain section 5103A precludes VA from other possible association with military specific records when it makes its final providing a claimant such assistance in service. request for relevant records or after it substantiating a claim as VA considers Circumstances Where VA Will Refrain has exhausted efforts and is preparing to appropriate. 38 U.S.C. 5103A(g). VA From or Discontinue Providing decide the claim. considers it appropriate to provide some We believe that, in order to make an Assistance assistance to claimants who are accurate factual determination regarding attempting to reopen a finally denied 38 U.S.C. 5103A(a)(2) states that VA a claimant’s entitlement to veterans claim with new and material evidence. has no duty to assist a claimant if there benefits, VA must have before it all However, given section 5103A(f)’s is no reasonable possibility that VA relevant records of which it is aware express preservation of the finality of assistance would help substantiate the and which are obtainable. Therefore, we VA decisions, we propose to provide claim. We propose in 38 CFR 3.159(d) propose in § 3.159(e)(2) that, if VA less assistance in attempts to reopen that VA will refrain from providing becomes aware of relevant records but is previously disallowed claims than we assistance if the substantially complete unable to obtain the records because the would in an original claim or a claim application for benefits indicates that claimant has not authorized their that is actually reopened. Accordingly, there is no reasonable possibility that release, VA would notify the claimant of we propose to provide in such VA assistance would help substantiate the existence of the records and its casesattempts to reopen claims the the claim. We propose in addition that inability to obtain them and request that assistance described below. VA will discontinue providing the claimant provide VA with a release Generally, in attempts to reopen a assistance, such as providing a VA for the records. If the claimant does not previously disallowed claim, VA would examination, when the evidence provide a release, VA would request help a claimant to obtain existing obtained shows that there is no that the claimant obtain the relevant records from Federal agencies or reasonable possibility that the further documents and submit them to VA. If departments such as VA treatment or assistance would help substantiate the VA does not receive the requested examination records or records from the claim. documents, the claim may be denied. Social Security Administration, We propose, in addition, to specify provided that the claimant has three situations in which VA will Reopened Claims and New and submitted sufficient information to refrain from providing assistance when Material Evidence identify and locate the records. VA also the claimant has submitted a VA proposes to assist claimants in the proposes to provide assistance in substantially complete application. The submission of new and material requesting existing records from non- first situation would involve a claimant evidence to reopen a finally adjudicated Federal sources, such as private applying for a benefit for which he or claim, by requesting existing records physicians. VA considers this she is not legally eligible. Examples of reasonably identified by the claimant, appropriate assistance because it would such claims are veterans who lack on the claimant’s behalf. require minimal VA effort and expense wartime service applying for pension or VA decisions on claims for benefits to obtain these records. veterans who have dishonorable are final, to a certain extent. If the Board VA will not, however, provide a discharges applying for any VA benefit. of Veterans’ Appeals (Board) disallows medical examination or obtain a
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medical opinion in an attempt to reopen Comment Period Regulatory Flexibility Act a previously disallowed claim. VA Section 6(a)(1) of Executive Order The Secretary hereby certifies that the considers this inappropriate assistance 12866 indicates that, in most cases a adoption of these amendments will not because it would require substantial comment period should be ‘‘not less have a significant economic impact on effort and expense without any than 60 days.’’ We believe that this rule a substantial number of small entities as assurance that the created evidence is essential to the efficient and they are defined in the Regulatory would in fact be new and material. consistent implementation of the VCAA. Flexibility Act, 5 U.S.C. 601–612. This Although VA is willing to help a In order to avoid delays in the action would not directly affect any claimant to obtain existing records development and adjudication of claims small entities. Only individuals could based on a claimant’s allegation that and potential confusion regarding the be directly affected. Therefore, pursuant such records are new and material requirements of the new law, we believe to 5 U.S.C. 605(b), these amendments evidence, we do not want to expend our it is important that final regulations be are exempt from the initial and final limited resources on ‘‘fishing published expeditiously. The United regulatory flexibility analysis expeditions’’ to create evidence based States Court of Appeals for Veterans requirements of sections 603 and 604. on a claimant’s hopes that such Claims (CAVC), for example, has noted The Catalog of Federal Domestic evidence would prove to be new and that the Secretary of Veterans Affairs Assistance program numbers are 64.100, material. If new evidence is presented or must prescribe regulations to implement 64.101, 64.104, 64.105, 64.106, 64.109, secured, VA would reopen the the VCAA and that, pursuant to 38 and 64.110. previously disallowed claim and U.S.C. 5103A(g), the Secretary may List of Subjects in 38 CFR Part 3 provide a medical examination or obtain issue regulations providing more a medical opinion as provided in assistance than is required by law. Administrative practice and proposed section 3.159(c)(4). Holliday v. Principi, 2001 U.S. App. procedure, Claims, Disability benefits, We propose to clarify the definition of Vet. Claims LEXIS 125, at *28. As a Health care, Pensions, Veterans, ‘‘new and material evidence’’ in 38 CFR result, the CAVC has concluded that, if Vietnam. 3.156(a) to state that ‘‘new evidence’’ it were to issue a decision as to the Approved: March 5, 2001. means existing evidence not previously applicability of the VCAA, it would risk Anthony J. Principi, submitted to agency decisionmakers, abridging or usurping the Secretary’s Secretary of Veterans Affairs. that is neither cumulative nor authority to implement the law as he For the reasons set forth in the redundant of the evidence of record at sees fit and would be acting as an preamble, 38 CFR part 3 is proposed to the time of the last final denial of the executive agency responsible for be amended as follows: claim. We also propose to state that promulgating regulations rather than as ‘‘material evidence’’ means existing a reviewing judicial tribunal. Id., at PART 3—ADJUDICATION evidence that relates specifically to the *34–35. Thus, under this analysis, reason why the prior claim was last virtually every case pending on the Subpart A—Pension, Compensation, denied. By ‘‘existing evidence’’ we CAVC’s docket may have to be and Dependency and Indemnity mean evidence that is not newly remanded to VA for a determination as Compensation generated by or with the help of VA as to the applicability of the VCAA until 1. The authority citation for part 3, explained above. The proposed these regulations become final. For this subpart A continues to read as follows: definition is a clarification of the reason, we have shortened the comment current language that defines ‘‘material Authority: 38 U.S.C. 501(a), unless period for this rulemaking action to 30 otherwise noted. evidence’’ as evidence that ‘‘bears days. directly and substantially upon the § 3.102 [Amended] specific matter under consideration Unfunded Mandates 2. In § 3.102, the fifth sentence is * * * and which by itself or in The Unfunded Mandates Reform Act amended by removing ‘‘evidence; the connection with evidence previously requires (in section 202) that agencies claimant is required to submit evidence assembled is so significant that it must prepare an assessment of anticipated sufficient to justify a belief in a fair and be considered in order to fairly decide costs and benefits before developing any impartial mind that the claim is well the merits of the claim.’’ Only evidence rule that may result in expenditure by grounded.’’ and adding, in its place, that relates to the reason why the claim State, local, or tribal governments, in the ‘‘evidence.’’. was last denied can be evidence that is aggregate, or by the private sector, of 3. Section 3.156(a) and its authority ‘‘so significant that it must be $100 million or more in any given year. citation are revised to read as follows: considered in order to fairly decide the This amendment will have no merits of the claim.’’ Evidence relating consequential effect on State, local, or § 3.156 New and material evidence. to elements of proof that the claimant tribal governments. (a) A claimant may reopen a finally has already satisfied would be adjudicated claim by submitting new cumulative and redundant and would Executive Order 12866 and material evidence. New evidence not be material evidence because it This proposed rule has been reviewed means existing evidence not previously could not raise a reasonable possibility by the Office of Management and submitted to agency decisionmakers. of substantiating the claim. This is Budget under Executive Order 12866. Material evidence means existing consistent with the threshold evidence that relates specifically to the established by Congress in the VCAA for Paperwork Reduction Act reason why the claim was last denied. VA’s duty to assist. All collections of information under New and material evidence can be We also propose to revise 38 CFR the Paperwork Reduction Act (44 U.S.C. neither cumulative nor redundant of the 3.102, the regulation regarding the 3501–3520) referenced in this proposed evidence of record at the time of the last application of reasonable doubt, and rule have existing OMB approval as prior final denial of the claim sought to § 3.326, the regulation regarding VA forms. No changes are made in this be reopened, and must raise a examinations, to remove the references proposed rule to those collections of reasonable possibility of substantiating to well-grounded claims. information. the claim.
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Authority: (38 U.S.C. 501, 5103A(f), 5108) responded to the request within a company, agency, or other custodian * * * * * reasonable period of time, VA may holding the records; the approximate 4. Section 3.159 and its authority decide the claim prior to the expiration time frame covered by the records; and, citation are revised to read as follows: of the one-year period based on all the in the case of medical treatment records, information and evidence contained in the condition for which treatment was § 3.159 Department of Veterans Affairs the file, including information and provided. The claimant’s failure to do so assistance in developing claims. evidence it has obtained on behalf of the may, depending on the evidence of (a) Definitions. For purposes of this claimant. If VA does so, however, and record, result in a denial of the benefit section, the following definitions apply: the claimant subsequently provides the sought. (1) Competent medical evidence information and evidence within one (ii) If necessary, the claimant must means evidence provided by a person year of the date of the request, VA must authorize the release of existing records who is qualified through education, readjudicate the claim. in a form acceptable to the person, training or experience to offer medical company, agency, or other custodian (Authority: 38 U.S.C. 5103) diagnoses, statements, or opinions. holding the records. The claimant’s Competent medical evidence may also (2) If VA receives an incomplete failure to do so may, depending on the mean statements conveying sound application for benefits, it will notify evidence of record, result in a denial of medical principles found in medical the claimant of the information the benefit sought. treatises. It would also include necessary to complete the application (Authority: 38 U.S.C. 5103A(b), (f), and (g)) statements contained in authoritative and will defer assistance until the writings such as medical and scientific claimant submits this information. (2) Obtaining records in the custody of articles and research reports or analyses. a Federal department or agency. VA (Authority: 38 U.S.C. 5102(b), 5103A(3)) (2) Competent lay evidence means any will make as many requests as are evidence not requiring that the person (c) VA’s duty to assist claimants in necessary to obtain relevant records offering the evidence have specialized obtaining evidence. Upon receipt of a from a Federal department or agency. education, training, or experience. Lay substantially complete application for These records include but are not evidence is competent if it is provided benefits, VA will make reasonable limited to military records, including by a person who has knowledge of facts efforts to help a claimant obtain service medical records; medical and or circumstances and conveys matters evidence necessary to substantiate the other records from VA medical that can be observed and described by claim. In addition, VA will give the facilities; records from non-VA facilities a lay person. assistance described in paragraphs providing examination or treatment at (3) Substantially complete application (c)(1), (c)(2), and (c)(3) to an individual VA expense; and records from other means an application containing the attempting to reopen a finally decided Federal agencies, such as the Social claimant’s name; his or her relationship claim. VA will not pay any fees charged Security Administration. VA will end to the veteran, if applicable; service by a custodian to obtain records its efforts to obtain records from a information, if applicable; the benefit requested. Federal department or agency only if claimed and any medical condition(s) (1) Obtaining records not in the VA concludes that the records sought do on which it is based; the claimant’s custody of a Federal department or not exist or that further efforts to obtain signature; and in claims for nonservice- agency. VA will make reasonable efforts those records would be futile. Cases in connected disability or death pension to obtain relevant records not in the which VA may conclude that no further and parents’ dependency and indemnity custody of a Federal department or efforts are required include those in compensation, a statement of income. A agency, to include records from state or which the Federal department or agency substantially complete application local governments, private medical care advises VA that the requested records includes a complete application. providers, current or former employers, do not exist or the custodian does not (4) For purposes of paragraph (c)(4)(i), and other non-Federal governmental have them. event means a potentially harmful sources. Such reasonable efforts will (i) The claimant must cooperate fully occurrence such as would be associated generally consist of an initial request for with VA’s reasonable efforts to obtain with a particular duty assignment or the records and, if the records are not relevant records from Federal agency or place of duty. received, at least one follow-up request. department custodians. If requested by (b) VA’s duty to notify claimants of A follow-up request is not required if a VA, the claimant must provide enough necessary information or evidence. (1) If response to the initial request indicates information to identify and locate the VA receives a complete or substantially that the records sought do not exist or existing records, including the complete application for benefits, it will that a follow-up request for the records custodian or agency holding the records; notify the claimant of any information would be futile. If VA receives the approximate time frame covered by and medical or lay evidence that is information showing that subsequent the records; and, in the case of medical necessary to substantiate the claim. VA requests to this or another custodian treatment records, the condition for will request that the claimant provide could result in obtaining the records which treatment was provided. In the any evidence in the claimant’s sought, then reasonable efforts will case of records requested to corroborate possession that pertains to the claim. include an initial request and, if the a claimed stressful event in service, the VA will also inform the claimant which records are not received, at least one claimant must provide information information and evidence, if any, that follow-up request to the new source or sufficient for the records custodian to the claimant is to provide to VA and an additional request to the original conduct a search of the corroborative which information and evidence, if any, source. records. The claimant’s failure to do so that VA will attempt to obtain on behalf (i) The claimant must cooperate fully may, depending on the evidence of of the claimant. If VA does not receive with VA’s reasonable efforts to obtain record, result in a denial of the benefit the information and evidence requested relevant records from non-Federal sought. from the claimant within one year of the agency or department custodians. The (ii) If necessary, the claimant must date of the notice, VA cannot pay or claimant must provide enough authorize the release of existing records provide any benefits based on that information to identify and locate the in a form acceptable to the custodian or application. If the claimant has not existing records, including the person, agency holding the records. The
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claimant’s failure to do so may, (Authority: 38 U.S.C. 5103A(d), (f), and (g)) records that VA is unable to obtain, VA depending on the evidence of record, (d) Circumstances where VA will will request that the claimant obtain the result in a denial of the benefit sought. refrain from or discontinue providing records and provide them to VA. If the (Authority: (38 U.S.C. 5103A(b), (f), and (g)) assistance. VA will refrain from claimant does not provide the relevant providing assistance in obtaining records which VA requested, the claim (3) Obtaining records in evidence for a claim if the substantially may be denied. compensation claims. In a claim for complete application for benefits disability compensation, VA will make (Authority: 38 U.S.C. 5103A(b)(2)) indicates that there is no reasonable efforts to obtain the claimant’s service (f) For the purpose of the notice possibility that any assistance VA medical records, if relevant to the claim; requirements in paragraphs (b) and (e) would provide to the claimant would other relevant records pertaining to the of this section, notice to the claimant substantiate the claim. VA will claimant’s active military, naval or air means notice to the claimant or his or discontinue providing assistance in service that are held or maintained by her fiduciary, if any, as well as to his or obtaining evidence for a claim if the a governmental entity; VA medical her representative, if any. evidence obtained indicates that there is records or records of examination or no reasonable possibility that the further § 3.326 [Amended] treatment at non-VA facilities assistance would substantiate the claim. authorized by VA; and any other 5. In § 3.326(a), the first sentence is Circumstances in which VA will refrain relevant records held by any Federal amended by removing ‘‘well-grounded’’. from providing assistance in obtaining department or agency. The claimant [FR Doc. 01–8303 Filed 4–3–01; 8:45 am] evidence include, but are not limited to: must provide enough information to BILLING CODE 8320–01–P (1) An application showing the identify and locate the existing records claimant is not eligible for the benefit including the custodian or agency sought because of lack of qualifying holding the records; the approximate DEPARTMENT OF VETERANS service, lack of veteran status, or other time frame covered by the records; and, AFFAIRS lack of legal eligibility; in the case of medical treatment records, (2) An application in which the 38 CFR Parts 19 and 20 the condition for which treatment was claimant asserts an inherently provided. The claimant’s failure to do so incredible claim or one that clearly RIN 2900–AJ97 may, depending on the evidence of lacks merit; and Board of Veterans’ Appeals: Appeals record, result in a denial of the benefit (3) An application requesting a benefit Regulations and Rules of Practice— sought. to which the claimant is not entitled as Jurisdiction (Authority: 38 U.S.C. 5103A(c), (f), and (g)) a matter of law. (4) Providing medical examinations or (Authority: 38 U.S.C. 5103A(a)(2)) AGENCY: Department of Veterans Affairs. obtaining medical opinions. (i) In a (e) Duty to notify claimant of inability ACTION: Proposed rule. claim for disability compensation, VA to obtain records. (1) If VA makes SUMMARY: The Department of Veterans will provide a medical examination or reasonable efforts to obtain relevant Affairs (VA) proposes amending the obtain a medical opinion based upon a non-Federal records but is unable to Appeals Regulations and Rules of review of the evidence of record if VA obtain them, or after continued efforts to Practice of the Board of Veterans’ determines it is necessary to decide the obtain Federal records concludes that it Appeals (Board) to clarify that the Board claim. A medical examination or is reasonably certain they do not exist may address questions related to its medical opinion is necessary if the or further efforts to obtain them would jurisdiction in the first instance. VA also evidence of record does not contain be futile, VA will provide the claimant proposes to amend the Rules of Practice sufficient competent medical evidence with oral or written notice of that fact. to provide procedures for notifying to decide the claim, but: For non-Federal records requests, VA parties to Board proceedings, and their (A) Contains competent lay or may provide the notice at the same time representatives, when the Board raises medical evidence of a current diagnosed it makes its final attempt to obtain the jurisdictional questions on its own disability or persistent or recurrent relevant records. The notice must initiative and to give parties the symptoms of disability; and contain the following information: opportunity to respond. (B) Establishes that the veteran (i) The identity of the records VA was suffered an event, injury or disease in DATES: Comments must be received on unable to obtain; or before June 4, 2001. service; and (ii) An explanation of the efforts VA (C) Indicates that the claimed made to obtain the records; ADDRESSES: Mail or hand-deliver disability or symptoms may be (iii) A description of any further written comments to: Director, Office of associated with the established event, action VA will take regarding the claim, Regulations Management (02D), injury, or disease in service or with including, but not limited to, notice that Department of Veterans Affairs, 810 another service-connected disability. VA will decide the claim based on the Vermont Ave., NW., Room 1154, (ii) Paragraph (4)(i)(C) of this section evidence of record unless the claimant Washington, DC 20420; or fax comments could be satisfied by competent submits the records VA was unable to to (202) 273–9289; or e-mail comments evidence showing continuity of obtain; and to [email protected]. symptoms of a disability since the (iv) A notice that the claimant is Comments should indicate that they are veteran’s release from active duty, post- ultimately responsible for providing the submitted in response to ‘‘RIN 2900– service treatment for a condition, or evidence. AJ97.’’ All comments received will be other possible association with military (2) If VA becomes aware of the available for public inspection in the service. existence of relevant records before Office of Regulations Management, (iii) If new and material evidence is deciding the claim, VA will notify the Room 1158, between the hours of 8:00 presented or secured, a finally claimant of the records and request that a.m. and 4:30 p.m., Monday through adjudicated claim will be reopened and the claimant provide a release for the Friday (except holidays). paragraph (c)(4) of this section will be records. If the claimant does not provide FOR FURTHER INFORMATION CONTACT: applied to the reopened claim. any necessary release of the relevant Steven L. Keller, Senior Deputy Vice
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Chairman, Board of Veterans’ Appeals, (citations omitted, emphasis in the flexibility analyses requirement of Department of Veterans Affairs, 810 original). sections 603 and 604. Vermont Avenue, NW., Washington, DC This document proposes amending 38 There is no Catalog of Federal 20420, (202) 565–5978. CFR 20.101 to make it clear that the Domestic Assistance number for this Board may address jurisdictional proposed rule. SUPPLEMENTARY INFORMATION: Initial questions in the first instance. It would decisions on claims for veterans’ also make it clear that the Board may List of Subjects benefits are made at VA field offices dismiss an appeal when it determines 38 CFR Part 19 throughout the nation. Claimants may that it does not have jurisdiction, Administrative practice and appeal those decisions to the Board. regardless of the AOJ’s failure to procedure; Claims; Veterans; Authority Filing an appeal with the Board is a adjudicate the jurisdictional question. delegations (government agencies). 3-step procedure. First, the claimant This document also proposes to include who wishes to begin an appeal files a in that section a requirement that the 38 CFR Part 20 ‘‘Notice of Disagreement’’ with the VA Board ensure that no prejudice to a Administrative practice and office that made the decision with claimant will result from the Board’s procedure; Claims; Lawyers; Legal which the claimant disagrees. In sua sponte consideration of a services; Veterans; Authority response, that office sends the claimant jurisdictional question. Specifically, this delegations (government agencies). a ‘‘Statement of the Case’’ that document proposes to amend that summarizes the evidence and the section to provide for procedural Approved: February 14, 2001. applicable law, tells the claimant what safeguards, including notice and the Anthony J. Principi, decision was reached on the disputed opportunity to submit additional Secretary of Veterans Affairs. issues, and gives the reasons for each evidence and argument on the relevant For the reasons set out in the decision. After reviewing the Statement jurisdictional questions and to address preamble, VA proposes amending 38 of the Case, the claimant must then file such questions at a hearing, before the CFR parts 19 and 20 as follows: a formal, or ‘‘substantive,’’ appeal to Board dismisses an appeal based on complete the appeal. See generally 38 jurisdictional defects. (Other regulations PART 19—BOARD OF VETERANS’ U.S.C. 7105 and 38 CFR part 19, subpart provide procedures for addressing APPEALS: APPEALS REGULATIONS B, and part 20, subpart C. questions related to the Board’s 1. The authority citation for part 19 In an August 1999 precedent opinion, jurisdiction when such questions are continues to read as follows: VAOPGCPREC 9–99, VA’s General raised before or by the AOJ. See 38 CFR 19.27, 19.28, 19.33, 19.34). This Authority: 38 U.S.C. 501(a), unless Counsel held that the Board may otherwise noted. address the question of the timeliness of document also proposes to amend that a substantive appeal, regardless of section to make it clear that certain 2. Section 19.35 is amended by whether the agency of original restrictions in 38 CFR 19.9 and 20.1304 revising the first sentence to read as jurisdiction (AOJ) addressed such do not apply when the Board considers follows: jurisdictional questions in the first question, and may dismiss an appeal § 19.35 Certification of appeals. when it discovers in the first instance instance. In addition, this document Following receipt of a timely that no substantive appeal has been proposes to amend 38 CFR 19.35 to Substantive Appeal, the agency of filed in a case certified to it for appellate make it clear that certification of an original jurisdiction will certify the case review, or that the substantive appeal appeal to the Board follows the filing of to the Board of Veterans’ Appeals. was not timely filed. The opinion noted, a timely Substantive Appeal. Finally, 38 *** however, that the Board’s dismissal of CFR 20.203 would be removed, an appeal under those circumstances inasmuch as its subject matter would be * * * * * raises the possibility that a claimant will included in revised § 20.101. PART 20—BOARD OF VETERANS’ be prejudiced by not having been Paperwork Reduction Act APPEALS: RULES OF PRACTICE afforded the benefit of all procedural This document contains no provisions safeguards, such as the right to notice, 3. The authority citation for part 20 constituting a collection of information the right to a hearing, and the right to continues to read as follows: submit evidence in support of a claim. under the Paperwork Reduction Act (44 U.S.C. 3501–3520). Authority: 38 U.S.C. 501(a) and as noted in Thus, it found that, if the Board intends specific sections. to dismiss an appeal on this basis, it Executive Order 12866 should afford the claimant adequate 4. Section 20.101 is amended by: This final rule has been reviewed by A. Revising paragraph (c). procedural protections regarding notice the Office of Management and Budget and the opportunity to be heard. B. Adding paragraphs (d) and (e). under Executive Order 12866. C. Revising the authority at the end of Furthermore, in a case discussing the Regulatory Flexibility Act the section. Board’s jurisdiction in another context, The revision and additions read as the United States Court of Appeals for The Secretary hereby certifies that follows: the Federal Circuit stated that ‘‘*** it this proposed rule would not have a is well-established judicial doctrine that significant economic impact on a § 20.101 Rule 101. Jurisdiction of the any statutory tribunal must ensure that substantial number of small entities as board. it has jurisdiction over each case before they are defined in the Regulatory * * * * * adjudicating the merits, that a potential Flexibility Act, 5 U.S.C. 601–612, (c) Appeals as to jurisdiction. All jurisdictional defect may be raised by inasmuch as this rule applies to claimants have the right to appeal a the court or tribunal, sua sponte or by individual claimants for veterans’ determination made by the agency of any party, at any stage in the benefits and does not affect such original jurisdiction that the Board does proceedings, and, once apparent, must entities. Therefore, pursuant to 5 U.S.C. not have jurisdictional authority to be adjudicated.’’ Barnett v. Brown, 83 605(b), this proposed rule is exempt review a particular case. Jurisdictional F.3d 1380, 1383 (Fed. Cir. 1996) from the initial and final regulatory questions which a claimant may appeal,
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include, but are not limited to, ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION questions relating to the timely filing AGENCY AGENCY and adequacy of the Notice of Disagreement and the Substantive 40 CFR Part 52 40 CFR Part 420 Appeal. [FRL–6961–7] (d) Authority to determine [MO 115–1115b; FRL–6961–8] RIN 2040–AC90 jurisdiction. The Board may address Approval and Promulgation of questions pertaining to its jurisdictional Implementation Plans; State of Reopening of Comment Period for the authority to review a particular case, Missouri Effluent Limitations Guidelines, including, but not limited to, Pretreatment Standards, and New determining whether Notices of AGENCY: Environmental Protection Source Performance Standards for the Disagreement and Substantive Appeals Agency (EPA). Iron and Steel Manufacturing Point are adequate and timely, at any stage in Source Category a proceeding before it, regardless of ACTION: Proposed rule. whether the agency of original AGENCY: Environmental Protection jurisdiction addressed such question(s). SUMMARY: EPA proposes to approve the Agency. When the Board, on its own initiative, State Implementation Plan (SIP) ACTION: Reopening of comment period raises a question as to a potential revision submitted by the state of on proposed rule. Missouri for the purpose of jurisdictional defect, all parties to the SUMMARY: On December 27, 2000 (65 FR proceeding and their representative(s), if consolidating the particulate matter 81963), EPA proposed revisions to the any, will be given notice of the potential emissions rules. In the final rules effluent limitations guidelines and jurisdictional defect(s) and granted a section of the Federal Register, EPA is standards for the iron and steel period of 60 days following the date on approving the state’s SIP revision as a industry. The comment period closed which such notice is mailed to present direct final rule without prior proposal on March 26, 2001. This action written argument and additional because the Agency views this as a announces that EPA will reopen the evidence relevant to jurisdiction and to noncontroversial revision amendment comment period on the proposed rule request a hearing to present oral and anticipates no relevant adverse until April 25, 2001. argument on the jurisdictional comments to this action. A detailed DATES: Comments will be accepted question(s). The date of mailing of the rationale for the approval is set forth in through April 25, 2001. the direct final rule. If no relevant notice will be presumed to be the same ADDRESSES: Send written comments to as the date stamped on the letter of adverse comments are received in Mr. George Jett at the following address: notification. The Board may dismiss any response to this action, no further Office of Water, Engineering and case over which it determines it does activity is contemplated in relation to Analysis Division (4303), U.S. EPA, not have jurisdiction. this action. If EPA receives relevant 1200 Pennsylvania Avenue, NW., (e) Application of 38 CFR 19.9 and adverse comments, the direct final rule Washington, DC 20460. EPA requests an 20.1304. The provisions of § 19.9 of this will be withdrawn and all public original and three copies of your chapter requiring remand in certain comments received will be addressed in comments and enclosures (including instances shall not apply to proceedings a subsequent final rule based on this references). Commenters who want EPA to determine the Board’s own proposed action. EPA will not institute to acknowledge receipt of their jurisdiction. However, the Board may a second comment period on this action. comments should enclose a self- remand a case to an agency of original Any parties interested in commenting addressed, stamped envelope. No jurisdiction in order to obtain assistance on this action should do so at this time. facsimiles (faxes) will be accepted. Please submit any references cited in in securing evidence of jurisdictional DATES: Comments on this proposed your comments. facts. The time restrictions on action must be received in writing by Comments may also be sent via e-mail requesting a hearing and submitting May 4, 2001. to [email protected]. Electronic additional evidence in § 20.1304 of this comments must specify docket number part do not apply to a hearing requested, ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental W–00–25 and must be submitted as an or evidence submitted, under paragraph ASCII, Word, or WordPerfect file (d) of this section. Protection Agency, Air Planning and Development Branch, 901 North 5th avoiding the use of special characters (Authority: 38 U.S.C. 511(a), 7104, 7105, Street, Kansas City, Kansas 66101. and any form of encryption. Electronic 7108) comments on this action may be filed FOR FURTHER INFORMATION CONTACT: online at many Federal Depository § 20.203 [Removed and Reserved] Wayne Kaiser at (913) 551–7603. Libraries. No confidential business information (CBI) should be sent via e- 5. Section 20.203 is removed and SUPPLEMENTARY INFORMATION: See the mail. reserved. information provided in the direct final [FR Doc. 01–8302 Filed 4–3–01; 8:45 am] rule which is located in the rules FOR FURTHER INFORMATION CONTACT: Mr. George Jett at (202) 260–7151 or Mr. BILLING CODE 8320–01–P section of the Federal Register. Kevin Tingley at (202) 260–9843. Dated: January 17, 2001. SUPPLEMENTARY INFORMATION: If you Dennis Grams, already submitted comments to EPA in Regional Administrator, Region 7. response to the proposed revisions to [FR Doc. 01–8126 Filed 4–3–01; 8:45 am] the effluent limitations guidelines and BILLING CODE 6560–50–P standards for the iron and steel industry (i.e., the documents published December 27, 2000, or February 14,
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2001), and wish to submit additional Proposed Rule Making, MM Docket No. FEDERAL COMMUNICATIONS comments per today’s reopening, EPA 01–79, adopted March 14, 2001, and COMMISSION requests that the later set of comments released March 23, 2001. The full text clearly specify whether they of this Commission decision is available 47 CFR Part 73 supplement or supersede the earlier- for inspection and copying during [DA 01–693; MM Docket No. 01–69, RM– filed comments. normal business hours in the FCC’s 10081; MM Docket No. 01–70, RM–10082; Dated: March 27, 2001. Reference Information Center (Room MM Docket No. 01–71, RM–10083] Diane C. Regas, CY–A257), 445 Twelfth Street, SW., Radio Broadcasting Services; Parker, Acting Assistant Administrator for Water. Washington, DC. The complete text of AZ; Quartzsite, AZ; Leesville, LA. [FR Doc. 01–8278 Filed 4–3–01; 8:45 am] this decision may also be purchased BILLING CODE 6560–50–P from the Commission’s copy contractor, AGENCY: Federal Communications International Transcription Service, Commission. Inc., 1231 20th Street, NW., ACTION: Proposed rule. FEDERAL COMMUNICATIONS Washington, DC 20036, (202) 857–3800. COMMISSION SUMMARY: This document proposes new Provisions of the Regulatory allotments to Parker, AZ; Quartzsite, Flexibility Act of 1980 do not apply to 47 CFR Part 73 AZ; and Leesville, LA. The Commission this proceeding. requests comments on a petition filed by [DA 01–745; MM Docket No. 01–79; RM– Members of the public should note McMullen Valley Broadcasting 10088] that from the time a Notice of Proposed Company proposing the allotment of Radio Broadcasting Services; Rule Making is issued until the matter Channel 247C3 at Parker, Arizona, as Lordsburg and Deming, NM is no longer subject to Commission the community’s fourth local aural consideration or court review, all ex transmission service. Channel 247C3 AGENCY: Federal Communications parte contacts are prohibited in can be allotted to Parker in compliance Commission. Commission proceedings, such as this with the Commission’s minimum ACTION: Proposed rule. one, which involve channel allotments. distance separation requirements with a site restriction of 10.8 kilometers (6.7 SUMMARY: This document requests See 47 CFR 1.1204(b) for rules miles) south of Parker. The coordinates comments on a petition for rule making governing permissible ex parte contacts. for Channel 247C3 at Parker are 34–03– filed on behalf of Runnels Broadcasting For information regarding proper 11 North Latitude and 114–17–18 West System, LLC, licensee of Station KQTN, filing procedures for comments, see 47 Longitude. Since Parker is located Lordsburg, New Mexico, requesting the CFR 1.415 and 1.420. within 320 kilometers (199 miles) of the reallotment of Channel 250C to Deming, U.S.-Mexican border, concurrence of the New Mexico, and modification of its List of Subjects in 47 CFR Part 73 Mexican government has been authorization accordingly, pursuant to requested. See Supplementary the provisions of Section 1.420(i) of the Radio broadcasting. Information. Commission’s Rules. Petitioner is For the reasons discussed in the requested to provide additional preamble, the Federal Communications DATES: Comments must be filed on or information to demonstrate how its Commission proposes to amend 47 CFR before May 7, 2001, and reply comments proposal will result in a preferential part 73 as follows: on or before May 22, 2001. arrangement of allotments, and to ADDRESSES: Federal Communications provide reception area gain and loss PART 73—RADIO BROADCAST Commission, Washington, DC 20554. In showings. Coordinates used for this SERVICES addition to filing comments with the proposal are 32–21–00 NL and 108–24– FCC, interested parties should serve the 30 WL. As Deming is located within 320 1. The authority citation for part 73 petitioner, his counsel, or consultant, as kilometers (199 miles) of the U.S.- continues to read as follows: follows: Mark N. Lipp and James E. Mexico border, concurrence of the Morgan, Shook Hardy & Bacon, L.L.P., Authority: 47 U.S.C. 154, 303, 334 and 336. Mexican government to the requested 600 14th Street, NW, Suite 800, allotment of Channel 250C at that § 73.202 [Amended] Washington, DC 20005 (Counsel for community is required. McMullen Valley Broadcasting 2. Section 73.202(b), the Table of FM DATES: Comments must be filed on or Company); and Stargazer Broadcasting, before May 14, 2001, and reply Allotments under New Mexico, is Inc., P.O. Box 519, Woodville, Texas comments on or before May 29, 2001. amended by adding Channel 250C at 75979 (Petitioner for the Leesville, LA Deming. ADDRESSES: Secretary, Federal proposal). Communications Commission, 3. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: R. Washington, DC 20554. In addition to Allotments under New Mexico, is Barthen Gorman, Mass Media Bureau, filing comments with the FCC, amended by removing Channel 250C at (202) 418–2180. interested parties should serve the Lordsburg. SUPPLEMENTARY INFORMATION: This is a petitioner, as follows: James K. Federal Communications Commission. synopsis of the Commission’s Notice of Edmundson, Esq., Smithwick & John A. Karousos, Proposed Rule Making, MM Docket No. Belendiuk, P.C., 5028 Wisconsin 01–69; MM Docket No. 01–70; and MM Chief, Allocations Branch, Policy and Rules Avenue, NW., Suite 301, Washington, Docket No. 01–71, adopted March 07, Division, Mass Media Bureau. DC 20016. 2001, and released March 16, 2001. The FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–8239 Filed 4–3–01; 8:45 am] full text of this Commission decision is Nancy Joyner, Mass Media Bureau, (202) BILLING CODE 6712–01–U available for inspection and copying 418–2180. during normal business hours in the SUPPLEMENTARY INFORMATION: This is a FCC Reference Information Center synopsis of the Commission’s Notice of (Room CY–A257), 445 12th Street, SW.,
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Washington, DC. The complete text of Authority: 47 U.S.C. 154, 303, 334, and ADDRESSES: Secretary, Federal this decision may also be purchased 336. Communications Commission, from the Commission’s copy contractor, § 73.202 [Amended] Washington, DC 20554. In addition to International Transcription Service, filing comments with the FCC, Inc., (202) 857–3800, 1231 20th Street, 2. Section 73.202(b), the Table of FM interested parties should serve the NW., Washington, DC 20036. Allotments under Arizona, is amended petitioner, as follows: David D. The Commission requests comments by adding Channel 247C3 at Parker, and Oxenford, Veronica D. McLaughlin, on a petition filed by McMullen Valley Quartzside, Channel 297C3. Shaw Pittman, 2300 N Street, NW., Broadcasting Company proposing the 3. Section 73.202(b), the Table of FM Washington, DC 20037–1128 (Counsel allotment of Channel 297C3 at Allotments under Louisiana, is to petitioner). Quartzside, Arizona, as the amended by adding Channel 252A at Leesville. FOR FURTHER INFORMATION CONTACT: community’s second local FM Leslie K. Shapiro, Mass Media Bureau, transmission service. Channel 297C3 Federal Communications Commission. (202) 418–2180. can be allotted to Quartzside in John A. Karousos, SUPPLEMENTARY INFORMATION: This is a compliance with the Commission’s Chief, Allocations Branch, Policy and Rules synopsis of the Commission’s Notice of minimum distance separation Division, Mass Media Bureau. Proposed Rule Making, MM Docket No. requirements with a site restriction of [FR Doc. 01–8241 Filed 4–3–01; 8:45 am] 01–78; adopted May 14, 2001 and 13.7 kilometers (8.5 miles) east of BILLING CODE 6712–01–U released May 29, 2001. The full text of Quartzsite. The coordinates for Channel this Commission decision is available 297C3 at Quartzside are 33–39–06 North for inspection and copying during Latitude and 114–04–56 West FEDERAL COMMUNICATIONS normal business hours in the FCC Longitude. Since Quartzside is located COMMISSION Reference Information Center (Room within 320 kilometers (199) miles of the CY–A257), 445 12th Street, SW., U.S.-Mexican border, concurrence of the 47 CFR Part 73 Washington, DC. The complete text of Mexican government has been this decision may also be purchased requested. [DA 01–739; MM Docket No. 01–78; RM– from the Commission’s copy contractor, The Commission requests comments 10080] International Transcription Service, on a petition filed by Stargazer Radio Broadcasting Services; Grants Inc., (202) 857–3800, 1231 20th Street, Broadcasting of Western Louisiana and Bosque Farms, NM NW., Washington, DC 20036. proposing the allotment of Channel Provisions of the Regulatory 252A at Leesville, Louisiana, as the AGENCY: Federal Communications Flexibility Act of 1980 do not apply to community’s fourth local aural Commission (FCC). this proceeding. transmission service. Channel 252A can ACTION: Proposed rule. Members of the public should note be allotted to Leesville in compliance that from the time a Notice of Proposed with the Commission’s minimum SUMMARY: The Commission requests Rule Making is issued until the matter distance separation requirements with a comments on a petition for rule making is no longer subject to Commission site restriction of 1.7 kilometers (1 mile) filed by Educational Media Foundation, consideration or court review, all ex west of Leesville. The coordinates for permittee of Station KQLV, Channel parte contacts are prohibited in Channel 252A at Leesville are 31–08–30 288C, Grants, NM, seeking the Commission proceedings, such as this North Latitude and 93–16–41 West substitution of Channel 288C2 for one, which involve channel allotments. Longitude. Channel 288C, reallotment of the See 47 CFR 1.1204(b) for rules Provisions of the Regulatory channel from Grants to Bosque Farms, governing permissible ex parte contacts. Flexibility Act of 1980 do not apply to NM, as the community’s second local For information regarding proper this proceeding. and first competitive FM service, and filing procedures for comments, see 47 Members of the public should note the modification of Station KQLV’s CFR 1.415 and 1.420. that from the time a Notice of Proposed permit accordingly. In addition, Rule Making is issued until the matter Educational Media Foundation requests List of Subjects in 47 CFR Part 73 is no longer subject to Commission the allotment of Channel 244C3 to Radio broadcasting. consideration or court review, all ex Grants. Channel 288C2 can be allotted parte contacts are prohibited in to Bosque Farms in compliance with the For the reasons discussed in the Commission proceedings, such as this Commission’s minimum distance preamble, the Federal Communications one, which involve channel allotments. separation requirements with a site Commission proposes to amend 47 CFR See 47 CFR § 1.1204(b) for rules restriction of 12.3 kilometers (7.6 miles part 73 as follows: governing permissible ex parte contacts. southwest, at coordinates 34–47–55 NL; PART 73—RADIO BROADCAST For information regarding proper 106–48–59 WL, to accommodate SERVICES filing procedures for comments, see 47 petitioner’s desired transmitter site. CFR §§ 1.415 and 1.420. Channel 244C3 can be allotted to Grants 1. The authority citation for part 73 List of Subjects in 47 CFR Part 73 without the imposition of a site continues to read as follows: restriction, at coordinates 35–09–08 NL; Authority: 47 U.S.C. 154, 303, 334 and 336. Radio broadcasting. 107–50–33 WL. The Commission also For the reasons discussed in the proposes to editorially amend the FM § 73.202 [Amended] preamble, the Federal Communications Table of Allotments by substituting 2. Section 73.202(b), the Table of FM Commission proposes to amend 47 CFR Channel 284C1 for Channel 284C at Allotments under New Mexico, is Part 73 as follows: Bosque Farms to reflect the license of amended by removing Channel 288C Station KTEG. PART 73—BROADCAST SERVICES and adding Channel 244C3 at Grants, DATES: Comments must be filed on or and removing Channel 284C and adding 1. The authority citation for Part 73 before May 14, 2001, and reply Channels 288C2 and 284C1 at Bosque continues to read as follows: comments on or before May 29, 2001. Farms.
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Federal Communications Commission. 1997 (62 FR 43974, August 18, 1997), exhibit anadromy (meaning they migrate John A. Karousos, and finally determined that listing was as juveniles from fresh water to the Chief, Allocations Branch, Policy and Rules not warranted for KMP steelhead in ocean, and then return to spawn in fresh Division, Mass Media Bureau. 1998 (63 FR 13347, March 19, 1998). water) or freshwater residency (meaning [FR Doc. 01–8244 Filed 4–3–01; 8:45 am] The no-list decision was based on they reside their entire life in fresh BILLING CODE 6712–01–P evidence indicating the ESU was at a water). Resident forms are usually lower risk of extinction than at the time referred to as ‘‘rainbow’’ or ‘‘redband’’ it was proposed for listing. Even though trout, while anadromous life forms are DEPARTMENT OF COMMERCE it found that the risks had been reduced termed ‘‘steelhead.’’ The KMP steelhead to a point at which listing was not ESU includes both life forms. However, National Oceanic and Atmospheric warranted, NMFS expressed concerns only the anadromous forms are under Administration about the status of KMP steelhead, and the jurisdiction of NMFS; the U.S. Fish identified the ESU as a candidate and Wildlife Service (USFWS) 50 CFR Part 223 species, which the agency would maintains ESA authority over resident continue to monitor and re-assess by life forms. [Docket No. 010118020–1082–02; I.D. 2002. Within the KMP steelhead ESU, the 010801A] On October 25, 2000, the U.S. District species inhabits coastal river basins RIN 0648–AO86 Court for the Northern District of between the Elk River in Oregon and the California (Court) ruled that NMFS’ Klamath River in California, inclusive. Endangered and Threatened Species: March 19, 1998, determination Steelhead can be divided into two Final Listing Determination for regarding the KMP steelhead ESU was reproductive ecotypes, based on their Klamath Mountains Province arbitrary and capricious (Federation of state of sexual maturity at the time of Steelhead Fly Fishers v. Daley, Civ. No. C-99-0981- river entry and the duration of their SI). The Court set aside NMFS’ ‘‘not spawning migration. These two AGENCY: National Marine Fisheries warranted’’ determination and ecotypes are termed ‘‘stream maturing’’ Service (NMFS), National Oceanic and remanded the case to NMFS for further and ‘‘ocean maturing.’’ Stream maturing Atmospheric Administration (NOAA), consideration and decision consistent steelhead enter fresh water in a sexually Commerce. with its Order by March 31, 2001. In immature condition and require several ACTION: Notice of determination of vacating the agency’s decision, the months to mature and spawn. Ocean status review. Court held that the ESA does not allow maturing steelhead enter fresh water NMFS to consider the expected effects with well developed gonads and spawn SUMMARY: In keeping with a recent of future conservation actions or to rely shortly after river entry. These two Federal Court ruling, NMFS has exclusively on voluntary conservation reproductive ecotypes are more reconsidered the status of Klamath efforts. In response to the Court’s commonly referred to by their season of Mountains Province (KMP) steelhead mandate, NMFS re-proposed listing the freshwater entry (i.e., summer (stream Evolutionarily Significant Unit (ESU) KMP steelhead as a threatened species maturing) and winter (ocean maturing) under the Endangered Species Act of under the ESA on February 12, 2001 (66 steelhead). The KMP steelhead ESU 1973 (ESA), as amended. After FR 9808). NMFS noted that the Court- contains populations of both winter and reviewing the best available scientific ordered deadline of March 31, 2001, for summer steelhead. In addition, the and commercial information, NMFS has a final listing decision did not provide Rogue and Klamath River Basins are determined that KMP steelhead do not sufficient time to conduct a thorough distinctive in that they are two of the warrant listing as threatened or assessment of new information (i.e., few basins producing ‘‘half-pounder’’ endangered at this time. data since 1998) prior to re-proposing steelhead. This life history type refers to DATES: The finding for this document this ESU for listing. Therefore, the re- immature steelhead that return to fresh was made on March 28, 2001. proposal relied primarily upon water after only 2–4 months in the information contained in the NMFS ocean, generally overwinter in fresh ADDRESSES: Protected Resources Division, NMFS, 525 NE Oregon Street, steelhead administrative record as it water, then outmigrate again the Suite 500, Portland, OR 97232. existed on March 19, 1998. Comments following spring (Snyder, 1925; Kesner on the proposed listing yielded and Barnhart, 1972; Everest, 1973; Reference materials regarding this substantial new information regarding Barnhart, 1986). determination can be obtained via the the status of this ESU. This new Internet at www.nwr.noaa.gov . Summary of Comments Received in information was evaluated by NMFS’ Response to the Proposed Rule FOR FURTHER INFORMATION CONTACT: steelhead Biological Review Team (BRT) Garth Griffin, 503–231–2005, Craig which resulted in an updated status Following NMFS’ proposal to list Wingert, 562–980–4021, or Chris review document for the KMP steelhead KMP and other steelhead ESUs in 1995 Mobley, 301–713–1401. ESU (NMFS, 2001). and 1996 (60 FR 14253, March 16, 1995; SUPPLEMENTARY INFORMATION: 61 FR 41541, August 9, 1996), a total of Life History of KMP Steelhead 16 public hearings were held in Previous Federal ESA Actions Related Biological information for West Coast California, Oregon, Idaho, and to West Coast Steelhead steelhead, and the KMP steelhead ESU Washington to solicit comments on the The history of petitions and agency in particular, can be found in agency proposed rule. During the 90–day public findings regarding the KMP steelhead assessments conducted by NMFS comment period, NMFS received nearly ESU are detailed in the February 12, (NMFS, 1993, 1994, 1996a, 1997a, 1,000 written comments on the listing 2001, listing proposal (66 FR 9808). 1998a) and in previous Federal Register proposals from Federal, state, and local Briefly, NMFS first proposed this ESU documents (60 FR 14253, March 16, government agencies, Indian tribes, non- as a threatened species under the ESA 1995; 61 FR 41541, August 9, 1996). governmental organizations, the in 1995 (60 FR 14253, March 16, 1995), Steelhead exhibit one of the most scientific community, and other identified areas of substantial scientific complex suites of life history traits of individuals. A number of comments disagreement for this and other ESUs in any salmonid species. Individuals may addressed specific technical issues
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pertaining to a particular geographic The agency notified local media sources of a listing decision (65 FR 37102, June region or O. mykiss population. These (newspaper, radio, and television) in 13, 2000). Moreover, the agency will technical comments were considered by these communities, and encouraged all continue to encourage all forms of NMFS’ steelhead BRT and were parties to provide written comments on species conservation–voluntary and discussed in the agency’s 1997 updated the proposed rule. As noted earlier, otherwise–that it believes will help status review report (NMFS, 1997a). public hearings were held in Eureka, CA prevent species from being listed under These and other comments were also and Gold Beach, OR on February 22, the ESA or aid in listed species’ addressed in the agency’s 1998 listing 2001. Unfortunately, significant time recovery. determination (63 FR 13347, March 19, constraints limited the number of Issue 3: Sufficiency and Accuracy of 1998). hearings that could be accommodated, Scientific Information and Analyses During the recent 21–day public so NMFS chose sites where previous comment period following NMFS’ re- public hearings had been successful in Comment 3: Some commenters proposal to list this ESU (66 FR 9808, engaging the affected public. In questioned the sufficiency and accuracy February 12, 2001), the agency held addition, NMFS recognized the high of data NMFS employed in the listing public hearings in Gold Beach, OR and level of interest expressed by proposal. Many, including the peer Eureka, CA, and received additional communities in interior areas of the reviewer, requested that NMFS make comments and data pertaining to KMP KMP steelhead range, and held an every effort to review new data, steelhead. A total of 47 individuals additional public meeting in Yreka, CA, especially from tribes, states, anglers/ presented testimony at these public on February 28, 2001, to discuss issues guides, and hatchery personnel. Some hearings; all but one person expressed regarding KMP steelhead. Finally, due commenters suggested that risk opposition to the proposed listing. to the deadline imposed by the Court, assessments were made in an arbitrary NMFS also received more than 170 NMFS was unable to extend the period manner and that NMFS did not rely on documents containing comments and for public comments. Any and all the best available science. information from Federal, state, and parties are encouraged to contact NMFS Response: As noted in the February local government agencies, Indian if they have questions or need 12, 2001, listing proposal, NMFS tribes, non-governmental organizations, additional information regarding this expected that more information was and other individuals. A large majority final determination (see FOR FURTHER available than that which the agency of written comments (approximately INFORMATION CONTACT). had on file as of December 2000. 110) opposed the listing proposal, Therefore, the agency considered it including co-manager comments from Issue 2: The Court Decision imperative to solicit and review updated the California Department of Fish and Comment 2: Some commenters information prior to making a final Game (CDFG), Oregon Department of wondered why NMFS did not appeal listing determination for KMP steelhead. Fish and Wildlife (ODFW), and Hoopa the Court’s decision. Others took Based on the considerable amount of Valley Tribe. Also, in accordance with exception with the Court’s dim view of new information received, it is apparent a joint NMFS and USFWS policy conservation efforts that were that this solicitation was both prudent regarding peer review under the ESA ‘‘voluntary’’ and based on unreliable and successful. NMFS acknowledges (59 FR 34270, July 1, 1994), NMFS funding. that there are still significant data gaps solicited peer review of the KMP re- Response: Litigation decisions, such pertaining to this ESU, and that proposal from eight recognized experts as whether to appeal, involve myriad conclusions about the ESU’s status are in the field of steelhead biology. Only legal, policy, and other considerations complicated by such uncertainties. one peer reviewer responded to NMFS’ by several involved Federal agencies. In However, the ESA does not require that request during the relatively short this case, the Federal Government a specific information threshold be met public comment period. As with the decided that it would be more useful to prior to making a listing determination. bulk of other comments received, this conduct a thorough re-assessment of the Instead, section 4(b)(1)(A) of the ESA reviewer also was of the opinion that ESU, especially in light of the fact that requires that NMFS make its listing the KMP steelhead ESU does not in 1998, NMFS committed to re-evaluate determinations solely on the basis of the warrant listing at this time. As noted the ESA status of KMP steelhead by best available scientific and commercial previously, NMFS’ steelhead BRT 2002 (63 FR 13347, March 19, 1998). data after reviewing the status of the reviewed new information germane to With respect to the Court’s views on species and after taking into account drawing risk conclusions for the KMP voluntary conservation efforts, the judge conservation efforts. NMFS invested steelhead ESU and have described their held that ‘‘[a]lthough it was appropriate considerable time and effort in working findings in an updated status review for NMFS to consider such measures, it with co-managers and the affected document (NMFS, 2001). A summary of was arbitrary and capricious for NMFS public to compile such information on major issues/comments received in to rely, in effect, exclusively on KMP steelhead. This information came response to the February 12, 2001, voluntary actions.’’ NMFS understands from a variety of sources (including proposed rule and NMFS’ responses that there is a wide spectrum of those described here) and the agency follows. conservation efforts with varying appreciates the significant contributions degrees of certainty in terms of made by all interested parties–in Issue 1: Public Notification Process effectiveness and implementation. To particular, the state and tribal co- Comment 1: Some commenters aid future assessments of conservation managers–to assist in this effort. complained about the lack of efforts, NMFS and USFWS recently Information contained in the agency’s notification and the failure to hold published a proposed joint policy that previous status reviews (NMFS, 1996a; public hearings in interior areas of the identifies criteria that will be used to NMFS, 1997a; NMFS, 1998a; NMFS, Rogue and Klamath River basins. One evaluate the certainty of implementation 2000) and updated status review commenter requested that NMFS extend and effectiveness of formalized (NMFS, 2001), along with information the deadline for comments. conservation efforts that have not yet on conservation efforts, represents the Response: NMFS made every attempt been fully implemented or have been best scientific and commercial to communicate the KMP steelhead re- recently implemented and have not yet information presently available for the proposal to the affected communities. demonstrated effectiveness at the time KMP steelhead ESU. The agency
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believes that these reviews, coupled Response: While NMFS considers longer do because they are currently with considerable input from the public, both life history forms (summer- and above human-made barriers, and they co-managers, peer reviewers, and other winter-run steelhead) to be important are considered essential for recovery of species experts, demonstrate that its components of diversity within the the ESU. Resident fish above long- listing determinations are based on an species, new genetic data reinforce standing natural barriers, and those that open and rigorous scientific assessment. previous conclusions that, within a are derived from the introduction of geographic area, summer- and winter- Issue 4: Steelhead Biology and Ecology non-native rainbow trout, would not be run steelhead typically are more considered part of any ESU. Comment 4: Some commenters genetically similar to one another than contend that hatchery-produced either is to populations with similar run NMFS believes resident fish can help steelhead are no different from ‘‘wild’’ timing in different geographic areas. buffer extinction risks to an anadromous steelhead and hence should be This indicates that an ESU that includes population by mitigating depensatory considered in NMFS’ risk assessment. summer-run populations from different effects in spawning populations, by Response: NMFS believes that section geographic areas but excludes winter- providing offspring that migrate to the 2(b) of the ESA establishes a clear run populations (or vice-versa) would ocean and enter the breeding population linkage between ‘‘wild’’ (i.e., naturally be an inappropriate unit. The only of steelhead, and by providing a produced) fish and their native habitats biologically meaningful way to have ‘‘reserve’’ gene pool in fresh water that when it states that ‘‘the purposes of this summer- and winter-run steelhead may persist through times of Act are to provide a means whereby the populations in separate ESUs would be unfavorable conditions for anadromous ecosystems upon which endangered to have a very large number of ESUs, fish. In spite of these potential benefits, species and threatened species depend most consisting of just one or a very few presence of resident populations is not may be conserved.’’ NMFS’ interim populations. This would be inconsistent a substitute for conservation of policy on artificial propagation of with the approach NMFS has taken in anadromous populations. A particular Pacific salmon (58 FR 17573, April 5, defining ESUs for other anadromous concern is isolation of resident 1993) reinforces that ‘‘evaluations of the Pacific salmonids. Taking these factors populations by human-caused barriers into consideration, NMFS concludes status of the population under the ESA to migration. This interrupts normal that summer- and winter-run steelhead depend on the viability of the population dynamics and population population in the natural habitat.’’ should be considered part of the same ESU in geographic areas where they co- genetic processes and can lead to loss of There is ample evidence indicating that a genetically based trait (anadromy). As hatchery- and naturally produced fish occur. For similar reasons, NMFS does not discussed in NMFS’ ‘‘species are in fact different, and that hatchery believe it is appropriate to split ESUs identification’’ paper (Waples, 1991), fish can have significant and long- based on the varying degrees of health the potential loss of anadromy in lasting impacts on natural steelhead of constituent populations. distinct population segments may in populations (see NMFS, 1996b). Indeed, Comment 6: Some commenters and of itself warrant listing the one of the most difficult tasks in believe that resident rainbow trout ‘‘species’’ as a whole. conducting a salmonid risk assessment should be included in the KMP NMFS and USFWS adopted a joint is discerning the viability of natural steelhead ESU if it is listed. populations when their actual status is Response: In its August 9, 1996, policy to clarify their interpretation of being ‘‘masked’’ by hatchery fish. That listing proposal, NMFS stated that based the phrase ‘‘distinct population segment said, NMFS recognizes that hatchery on available genetic information, it was (DPS) of any species of vertebrate fish or propagation can be used to prevent a the consensus of NMFS scientists, as wildlife’’ for the purposes of listing, species from becoming extinct in the well as regional fishery biologists, that delisting, and reclassifying species near term while steps are taken to resident fish should generally be under the ESA (61 FR 4722). DPSs are address factors contributing to the considered part of the steelhead ESUs, ‘‘species’’ pursuant to section 3(15) of decline of natural populations. To better but also concluded that available data the ESA. Previously, NMFS had understand the relationship between were inconclusive regarding the developed a policy for stocks of Pacific hatchery- and naturally produced fish in relationship of resident rainbow trout salmon where an ESU of a biological the KMP steelhead ESU, the NMFS and steelhead. NMFS requested species is considered ‘‘distinct’’ (and steelhead BRT completed an assessment additional data to clarify this hence a species) if (1) it is substantially of hatchery stocks (NMFS, 1998a) (see relationship and determine if resident reproductively isolated from other ‘‘KMP Steelhead ESU Determination’’ rainbow trout should be included in conspecific population units, and (2) it later in this document) and concluded listed steelhead ESUs. In response to represents an important component in that 7 steelhead hatchery stocks should this request for additional information, the evolutionary legacy of the species be considered part of this ESU. many groups and individuals expressed (56 FR 58612, November 20, 1991). However, using criteria described in opinions regarding this issue. NMFS believes available data suggest NMFS’ artificial propagation policy (58 While conclusive evidence does not that resident rainbow trout are in many FR 17573, April 5, 1993), none of these yet exist regarding the relationship of cases part of steelhead ESUs. However, stocks was deemed essential for the resident and anadromous O. mykiss, recovery of the ESU. NMFS believes available evidence the FWS, which has ESA authority for Comment 5: Several commenters suggests that resident rainbow trout resident fish, holds that behavioral questioned NMFS’ inclusion of both should be included in listed steelhead forms can be regarded as separate DPSs summer- and winter-run steelhead in ESUs in certain cases. Such cases and that absent evidence suggesting the same ESU. These commenters include: (1) where resident O. mykiss resident rainbow trout need ESA suggested that summer-and winter-run have the opportunity to interbreed with protection, the FWS concludes that only steelhead be segregated into individual anadromous fish below natural or man- the anadromous forms of each ESU ESUs based on life history differences made barriers; or (2) where resident fish should be listed under the ESA (U.S. and the fact that winter-run fish are of native lineage once had the ability to Department of Interior, 1997; USFWS, relatively healthier in this ESU. interbreed with anadromous fish but no 1997).
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Issue 5: Factors Contributing to the benefit from a reversal in the current conditions for only a small portion of Decline of the KMP Steelhead ESU climate/ocean regime, fisheries the entire ESU. Still, NMFS recognizes Comment 7: Some commenters management should continue to focus and applauds the considerable interest identified factors for decline that were on reducing impacts from harvest and and efforts shown by individual either not identified in the NMFS status artificial propagation and improving landowners, conservation groups, and reviews or which they believed were not freshwater and estuarine habitats. Federal and state agencies, tribes, and With respect to predation impacts on given sufficient consideration in the risk local entities to improve watershed steelhead, NMFS has recently published analysis. Other commenters contend health and restore fishery resources. reports describing the impacts of NMFS has recently initiated recovery that recent declines in KMP steelhead California sea lions and Pacific harbor planning for the threatened southern abundance are related to natural factors seals upon salmonids and on the coastal Oregon/northern California Coasts such as marine mammal predation and ecosystems of Washington, Oregon, and (SONCC) coho salmon (O. kisutch) ESU, changes in ocean productivity. California (NMFS, 1997b; NMFS, a species with substantial habitat Response: The status review did not 1999a). These reports conclude that in overlap with KMP steelhead. NMFS attempt to exhaustively identify factors certain cases where pinniped intends to capitalize on the significant for decline, except insofar as they populations co-occur with depressed efforts being made by all entities, from contributed directly to the risk analysis. salmonid populations, salmonid large-scale transboundary actions Nevertheless, NMFS agrees that a populations may experience severe adopted via the Northwest Forest Plan multitude of factors, past and present, impacts due to predation. An example and Klamath and Trinity Rivers have contributed to the decline of west of such a situation is at the Ballard Restoration Acts to more localized coast steelhead. Many of the identified Locks, WA, where sea lions are known efforts like those implemented by the risk factors were specifically cited in to consume significant numbers of adult Five Counties Salmon Conservation NMFS’ original west coast steelhead winter steelhead. These reports further Program and Scott River Watershed status review (NMFS, 1996a) and conclude that data regarding pinniped Council. These efforts, coupled with subsequent listing notices (61 FR 41541; predation are quite limited and that ESA protective regulations for listed 63 FR 13347; 65 FR 6960). In addition, substantial additional research is coho salmon, will likely improve NMFS has prepared a report that needed to fully address this issue. conditions for KMP steelhead as well. summarizes the factors leading to the Existing information on the seriously Comment 9: Several commenters decline of steelhead on the west coast depressed status of many salmonid expressed their belief that current entitled: ‘‘Factors for Decline: A stocks may be sufficient to warrant California Forest Practice Rules (FPRs) supplement to the notice of actions to remove pinnipeds in areas of were adequate to protect northern determination for west coast steelhead’’ co-occurrence where pinnipeds prey on California steelhead. Several comments (NMFS, 1996b). This report concludes depressed salmonid populations expressed concern that NMFS did not that all of the factors identified in (NMFS, 1997b; NMFS, 1999a). adequately review and consider the section 4(a)(1) of the ESA have played interim FPR changes adopted by the a role in the decline of the species. The Issue 6: Consideration of Existing California Board of Forestry (BOF) for report identifies destruction and Conservation Measures anadromous salmonids in March 2000. modification of habitat, overutilization Comment 8: Numerous commenters Response: NMFS disagrees with the for recreational purposes, and natural noted that an array of state and Federal assertion that the state’s FPRs, as and human-made factors as being the conservation measures were underway currently implemented, are adequate to primary causes for the decline of for this and other species and asked that protect anadromous salmonids in steelhead on the west coast. NMFS give them more consideration in California. NMFS has reviewed the state NMFS recognizes that natural its listing determination. Several FPRs, including those interim changes environmental fluctuations have likely summarized ongoing conservation recently adopted by the BOF and played a role in the species’ recent efforts that have resulted in millions of concludes that they do not adequately declines as well. However, NMFS dollars being spent to benefit fish. In protect anadromous salmonids, believes other human-induced impacts contrast, some reviewers contended that including steelhead, or provide for (e.g., harvest in certain fisheries, the state efforts were inadequate to properly functioning habitat conditions. artificial propagation, and widespread conserve steelhead and that Federal In fact, the deleterious impacts of timber habitat modification) have played a protection under the ESA was the best harvest and other activities have greater role in the decline of steelhead. way to protect the species from threats resulted in recent listings by the NMFS’ 1996 status review briefly due to habitat degradation. Environmental Protection Agency of addressed the impact of adverse marine Response: NMFS has reviewed many north coast California streams as conditions and climate change, but existing conservation efforts relevant to sediment and/or temperature impaired concluded that there is considerable the KMP steelhead ESU (see ‘‘Efforts under section 303(d) of the Clean Water uncertainty regarding the role of these Being Made to Protect West Coast Act. Furthermore, the failure of the state factors in steelhead abundance. At this Steelhead’’ later in this document) and to amend the FPRs was a primary reason time, we do not know whether these believes that many of the efforts that NMFS recently reconsidered its climate conditions represent a long-term described in comments show promise March 19, 1998, (63 FR 13347) decision shift in conditions that will continue for ameliorating the risks facing the for the Northern California steelhead into the future or short-term species. The agency acknowledges that ESU and has now listed that ESU as a environmental fluctuations that can be in some cases, measures described in threatened species under the ESA (65 expected to reverse soon (NMFS, comments have not been implemented FR 36074, June 7, 2000). 1996b). A recent review by Hare et al. or are in their early stages of (1999) suggests that these conditions implementation and have not yet Issue 7: Economic Considerations could be part of an alternating 20– to demonstrated success. Some of these Comment 10: Numerous commenters 30–year regime pattern. These authors measures are also geographically limited believed that NMFS failed to address concluded–and NMFS concurs–that to individual river basins or political the economic impacts that would result although at-risk salmonid stocks may subdivisions, thereby improving from listing the KMP steelhead ESU.
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One commenter contended that some temperatures are a factor affecting counts; angler reports/catch data; seine, counties could incur annual economic steelhead and other species in some of gillnet, and electrofishing surveys; impacts amounting to several million the larger river basins. With the snorkel and redd counts; hatchery dollars due to reductions in revenues exception of major river basins, such as release/return data; and population associated with tourism and angling. the Rogue and Klamath, most rivers in modeling analyses. Response: NMFS recognizes that an this region have a short duration of peak In its previous status reviews for West ESA listing would likely result in flows. Strong and consistent coastal Coast salmon and steelhead, NMFS has economic costs to some entities. The upwelling begins at about Cape Blanco identified a number of factors that ESA has been interpreted to prohibit the and continues south into the central should be considered in evaluating the consideration of economic impacts in California coast, resulting in a relatively level of risk faced by an ESU, including: the listing process, but requires analysis productive nearshore marine (1) absolute numbers of fish and their of economic impacts when designating environment. Protein electrophoretic spatial and temporal distribution; (2) critical habitat. NMFS did not propose analyses of coastal steelhead have current abundance in relation to to designate critical habitat for KMP indicated genetic discontinuities historical abundance and current steelhead and therefore did not draw between the steelhead of this region and carrying capacity of the habitat; (3) conclusions about economic impacts. those to the north and south (Hatch, trends in abundance; (4) natural and Issue 8: Supplemental ESA 1990; NMFS, 1993; NMFS, 1994; NMFS, human-influenced factors that cause Requirements Regarding Take 1996a). Chromosomal studies have also variability in survival and abundance; Prohibitions, Critical Habitat identified a distinctive karyotype that (5) possible threats to genetic integrity Designation, and Recovery Planning has been reported only from (e.g., from strays or outplants from populations within this ESU. hatchery programs); and (6) recent Comment 11: Several commenters The relationship between hatchery events (e.g., a drought or changes in requested NMFS’ guidance on ESA 4(d) steelhead populations and naturally harvest management) that have regulations in case the KMP steelhead spawned steelhead within this ESU was predictable short-term consequences for ESU is listed as a threatened species. also assessed in a NMFS status review abundance of the ESU. Specific Others requested that the agency update (NMFS, 1998a). Based on this concerns raised by the BRT in its 1994 designate critical habitat as soon as assessment, NMFS’ steelhead BRT review include: possible. Comments from a tribal entity concluded that 7 steelhead hatchery 1. Although historical trends in requested that NMFS exclude tribal stocks are part of this ESU because they overall abundance within the ESU are lands from critical habitat. This were established from indigenous not clearly understood, there has been a commenter also requested that NMFS natural populations. In Oregon these substantial replacement of natural fish define specific recovery goals for stocks are: Applegate River - ODFW with hatchery produced fish. steelhead to expedite recovery planning. stock # 62 (winter run), Upper Rogue 2. Since about 1970, trends in Response: As noted in the listing River - ODFW stock # 52 (winter run), abundance have been downward in proposal, NMFS had planned to develop Upper Rogue River - ODFW stock # 52 most steelhead populations within the and propose take prohibitions (i.e., an (summer run), and Chetco River - ESU, and a number of populations are ESA 4(d) rule) and critical habitat ODFW stock # 96 (winter run). In considered by various agencies and designations after the event of a final California, the stocks are: Iron Gate groups to be at moderate to high risk of listing for KMP steelhead. However, Hatchery stock (winter run), Trinity extinction. these issues are now moot given that the River Hatchery stock (fall/winter run), 3. Declines in summer steelhead agency has determined that listing is not and Rowdy Creek Hatchery stock populations are of particular concern. warranted for this ESU (see Listing (winter-run). 4. Most populations of steelhead Determination). Updated Status of KMP Steelhead within the area experience a substantial KMP Steelhead ESU Determination infusion of naturally-spawning hatchery As described previously in this fish each year. After accounting for the The KMP steelhead ESU has been document, NMFS last addressed the contribution of these hatchery fish, we described in NMFS’ status review KMP steelhead ESU in 1998 (63 FR are unable to identify any steelhead documents and Federal Register notices 13347, March 19, 1998), with the populations that are naturally self- cited here; no new scientific steelhead BRT concluding its sustaining. information has been received to assessments in January 1998 (NMFS, 5. Total abundance of adult steelhead indicate that the ESU should be 1997a; NMFS, 1998a). Hence, the remains fairly large (above 10,000 redefined. This ESU includes both agency’s decision to place this ESU on individuals) in several river basins winter and summer steelhead inhabiting the candidate species list was based on within the region, but several basins coastal river basins between the Elk information made available through have natural runs below 1,000 adults River in Oregon and the Klamath River 1997. For the current review, NMFS per year. in California, inclusive. Half-pounder considered information that has become Recently the BRT considered new juveniles (described previously under available since then, with particular information regarding KMP steelhead in ‘‘Life History of KMP Steelhead’’) also emphasis on how that information the context of previously existing occur in this geographic area. addressed the specific concerns that the information and assessed these Geologically, this region includes the BRT initially expressed in 1994. collective data with respect to the Klamath Mountains Geological Information from a wide variety of general risk factors identified above. A Province, which is not as erosive as the sources was submitted to NMFS during summary of their assessment and Franciscan formation terrains south of the public comment period, at public conclusions follows. the Klamath River Basin. Dominant hearings, and during meetings with vegetation along the coast is redwood comanagers. Information directly Naturally Spawning Hatchery Fish forest, while some interior basins are integral to the BRT’s latest assessment The original status review for KMP much drier than surrounding areas. The are described in detail in the updated (NMFS, 1994) identified the high region is characterized by many status review for KMP steelhead (NMFS, estimated proportion of naturally endemic plant species. Elevated stream 2001) and included: dam, weir, and trap spawning hatchery fish as a major risk
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factor. Subsequently, ODFW (Chilcote, amount) the proportion of hatchery fish California streams, seven of the current 1997) indicated that some of the earlier in natural spawning areas. trends for natural populations are better estimates they had provided, and which Based on this information, the BRT than they were in 1997, two are were used in the 1994 status review, concluded that significant impacts of essentially unchanged, and two are less were largely based on samples provided naturally spawning hatchery fish appear favorable than they were in 1997. by anglers and thus were upwardly to be localized to a few areas of the ESU: Collectively, these data indicate that in biased by counts of non-spawning half- The Applegate River, the Trinity River most areas within the ESU, recent pounder steelhead. More recently, fall run, and perhaps the Smith River trends are somewhat more favorable ODFW (2001) has collected new and the Chetco River. now than they were at the time of the empirical data indicating that the Declining Trends last status assessment. In spite of these relative improvements, however, in percentage of naturally spawning Most populations in the Oregon part hatchery fish is very low (less than 4 some cases the populations are still of this ESU for which adequate data declining. percent) in the upper Rogue Basin. The were available during the initial status hatchery proportion remains relatively review showed sharply declining trends Population Abundance and Distribution high in two areas of the Oregon portion (NMFS, 1994). Trends were mixed in Reliable estimates of population of the ESU that still have hatchery the data sets for California populations. programs: the Applegate River (about 25 abundance are available for only a For both states, the trends in the initial fraction of the populations in this ESU. percent of natural spawners are status review were based on data series hatchery origin) and the Chetco River Throughout the ESU, monitoring of that ended in 1989 to 1991. adult winter steelhead which local (about 50 percent of the fish in the Comparisons of recent trends with these lower river are of hatchery origin). The biologists agree is the dominant and older data are difficult because most of most abundant life history form is very incidence of natural spawning by the Oregon data series were based on poor due to logistical difficulties in hatchery fish in the Chetco River as a angler counts, and these data stopped sampling adults during the winter whole is not known but is likely much after implementation of catch and season. The most reliable data are lower; most of the spawning areas are release regulations in 1991. Outside of probably counts at Gold Ray Dam that above the sampling area, which is also the Rogue River in Oregon, no recent separate fish of hatchery and natural near the area where juvenile hatchery information is available to estimate origin. These data show recent (5 year) fish are released and hatchery trends in adult abundance. geometric mean abundance of about broodstock is collected. In 2000–01, In California, adult trend data are 6800 natural origin winter steelhead and ODFW also sampled adult steelhead available for a number of relatively about 3000 natural origin summer returning to streams outside the Rogue small summer steelhead populations. steelhead. In the Trinity River, counts at River basin in the Oregon part of this Most of these showed a precipitous Willow Creek weir provide an estimate ESU and found that 7 percent were decline to very low abundance around 1990 and relatively little change since of about 2000 natural origin fall-run hatchery fish. This compares with an spawners per year. estimate of 15 percent in the 1997 that time. In 2000, however, many of To help address the considerable ODFW report and 25–80 percent for these populations showed a modest information gap for the majority of most populations considered by NMFS increase in abundance. steelhead populations in this ESU, in (1994) for which ODFW provided Interpretation of these trend data is 1999 and 2000 ODFW conducted information. difficult because they are sensitive to the initial year in the data series. For juvenile density surveys in streams in In California, the largest proportions most steelhead populations coastwide, Oregon. Based on results summarized of naturally spawning hatchery fish are peak abundances over the last 30–40 above, they concluded that steelhead believed to occur in the Trinity River, years occurred during the 1980s. populations in other Oregon streams in where estimates from the 1990s range Therefore, population trends that started the ESU were at least as robust as those from 20–70 percent hatchery. These during this period almost universally in the Rogue basin. ODFW also found estimates apply to fall-run fish. Because show declines. However, it is difficult to juvenile O. mykiss resent in almost all the hatchery program in the Trinity determine whether these declines are the sites they examined in the Rogue River basin propagates mostly fall-run part of a natural cycle of abundance or River basin and in all of the sites fish, natural spawners in this basin that something more serious. Trends that examined in other Oregon streams. This return at other run times are believed to cover longer time series (e.g., the counts suggests that adult steelhead are well be predominantly of natural origin. In at Gold Ray Dam on the Rogue River) distributed throughout suitable habitat the Klamath River basin, the Iron Gate are often positive or flat. Most of the in the Oregon portion of the ESU. Hatchery stock has been such a poor trends for summer steelhead are based However, as this study did not separate producer of adult returns (Koch, 2001) on snorkel surveys, that do not out data for the higher elevation habitats that the proportion of naturally represent population abundance and are most likely to support summer spawning hatchery fish in the basin is difficult to standardize across years. steelhead, the mean density values believed to be low. Recent CDFG angler- Some insight into effects of the last could be masking lower densities of catch data for the Klamath River few years of data on population trends summer steelhead. supports this conclusion, which is also can be gained by comparing current ODFW also used four methods to corroborated by information from short-term trends (based on the most estimate total adult abundance of several commenters and a peer reviewer recent 7–10 years of data) with short- steelhead in the Oregon portion of the (some of whom provided data from their term trends computed based on data ESU. All involved extrapolation based harvest punchcards). In the Smith River, available at the time of the last status on the total number of miles of an estimated 27–37 percent of adults in review update. In Oregon streams, the steelhead habitat, and two also involved the lower portion of the river have been current short term trends are more expanding from juveniles to adults hatchery fish in recent years; however, positive (or at least less negative) than based on estimated survival rates. All as discussed earlier, this probably they were in 1997 for all of the streams methods yielded annual estimates in the overestimates (but by an unknown for which a comparison is possible; in range 69,000 to 83,000 adults.
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No comparable methods have been Summer Steelhead winter-run population, which appears used to estimate total abundance for In previous status reviews, the BRT to be healthy based on overall California populations. However, CDFG expressed serious concern about the abundance and trend. The Upper Rogue and tribal biologists did point out that status of summer steelhead in the KMP summer-run population also is existing data provide information about steelhead ESU. Those concerns have not relatively large, but the ODFW model only a fraction of the natural steelhead diminished. Summer steelhead does not account for the sharp populations in the California portion of populations remain severely depressed downward trend in recent years which, this ESU. For example, the Willow throughout the ESU, in spite of a modest if it persists into the future, could Creek weir samples steelhead only over upward turn in 2000 in many streams. eventually place the population at risk. The BRT was skeptical of the a period of about 3 months during the The uniformity in the status of summer conclusion of no extinction risk for the fall run and thus provides no steelhead throughout large geographic Applegate River population because it information about other runs in the areas of this ESU suggest that they may depends upon specific assumptions basin. Based on professional judgement all be experiencing a common risk about the response of the natural fish to and the consensus that the largely factor(s)– perhaps poor environmental naturally spawning hatchery fish. Other unsampled winter-run populations are conditions in freshwater habitat or in assumptions could lead to the the most abundant, California biologists the ocean. conclusion that the population is falling estimated natural escapement in the As discussed earlier, little direct far short of replacing itself. California part of this ESU to be information is available regarding approximately 30,000–50,000 adults per After considering the best available historical distribution of summer information since the last steelhead year. Combined with the ODFW steelhead in this ESU. However, it is estimates, these suggest the total status review (NMFS, 1997a; NMFS, believed that, historically, summer 1998a), the BRT evaluated the overall abundance of naturally spawning steelhead occurred primarily in the steelhead in the ESU may be status of the KMP steelhead ESU. The upper parts of the major basins– the majority of BRT scientists believed that approximately 100,000–130,000 Rogue, Klamath, and Trinity Rivers. Finally, ODFW biologists observed the ESU was not in danger of extinction Considerable summer-run habitat has nor likely to become so in the that the KMP steelhead ESU range is a already been lost above and because of geologically unique area; in fact, foreseeable future, while a substantial impassible dams in these three systems. minority believed that it was likely to geological and ecological distinctiveness Recent data indicate that summer was one of the factors that helped become endangered. The range of views steelhead still exist in about five areas among BRT scientists reflected the identify this area as an ESU (NMFS, within each of these major basins, 1994). This area is characterized by high substantial degree of uncertainty that which may be the most widespread continues to be associated with relief and highly erosive habitat that is representation of the summer-run life evaluating the status of this ESU. This more well-suited to steelhead than the history type for any ESU of the coastal result differs from that of previous generally lower-relief streams in coastal subspecies of steelhead. Whether evaluations of this ESU, in which a areas to the north and the south of the summer steelhead have disappeared majority of BRT scientists concluded KMP. The widespread availability of from other areas that they used that the ESU was likely to become good steelhead habitat throughout the historically cannot be determined based endangered in the foreseeable future. KMP made the ODFW biologists more on available data, but the 1997 Klamath However, the BRT’s conclusions parallel comfortable in extrapolating steelhead National Forest Survey cited above the reductions in the risks associated data into unsampled areas. provides some reason for concern that with various factors for the species’ The BRT regarded the overall this may be the case. decline (see ‘‘Summary of Factors abundance estimates as only very crude Viability Analyses Affecting the Species’’ later in this approximations. Two of the ODFW document). methods are based on survival estimates Chilcote (2001) revised a method he In spite of relatively favorable that may be optimistic, and all depend used previously (Chilcote, 1997) to indicators for this ESU, the BRT on the assumption that unsampled areas estimate viability of Oregon steelhead remained concerned about several are comparable to the small fraction of populations, including four populations issues. First, the status of summer the areas actually sampled. The in the Rogue River basin for which steelhead throughout this ESU abundance estimates for the California adequate data were available. On the continues to be a serious concern to the side are even less rigorous. However, basis of this analysis, Chilcote BRT as well as to local biologists. even if the estimates are high by a factor concluded that the summer- and winter- Second, the pervasive lack of of two, they still would represent a run populations in the upper Rogue information for winter-run populations, significant number of natural fish--quite River and the winter run population in which by all accounts represent the possibly more than in any other the Applegate River all have a negligible majority of fish in this ESU, continues steelhead ESU considered in NMFS’ probability of extinction, but the mid- to hinder a more quantitative and coastwide status reviews of the species. Rogue River summer-run population is reliable assessment of the status of KMP The BRT agreed that the juvenile at appreciable risk. The BRT was steelhead. More effort is needed to abundance data suggest that adult concerned about several aspects of this collect biological data on winter steelhead are well distributed viability model (in particular the form of steelhead throughout this ESU. Third, throughout at least the Oregon part of the recruitment function, the use of an the contribution of hatchery fish to the ESU. However, the BRT noted the 18-year cycle of ocean survivals, the natural spawning escapements large variance associated with these choice of viability criteria, and continues to be high in some areas, and estimates and also noted that other assumptions about hatchery fish) that this poses continuing demographic, studies (e.g., Shea and Mangel, 2001) they believe can lead to overly ecological, and genetic risks to wild have shown that juvenile abundance optimistic conclusions regarding populations. Ongoing monitoring of data provides at best low power to viability. Nevertheless, the BRT did not these effects, as well as longer time estimate adult abundance of salmon and disagree with the conclusions regarding series of data to demonstrate steelhead. viability of the upper Rogue River conclusively whether previous
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estimates of hatchery contribution were moderate risk. Most of the concerns road removal) that have occurred biased upwards, should be an important regarding this element were for summer through various state and Federal component of steelhead conservation steelhead populations, most of which programs should improve conditions for programs in this area. are at very low abundance. The BRT steelhead, but there is no basis at this remained concerned about possible loss point for quantifying the possible Summary of Factors Affecting the beneficial effects of these activities. Species of this key life history type in portions of the ESU. (3) No-retention provisions for wild Section 4(a)(1) of the ESA and NMFS’ steelhead have recently been implementing regulations (50 CFR part Trends and Productivity implemented in both Oregon and 424) set forth procedures for listing The mean score for this element was California portions of the ESU. The first species. The Secretary of Commerce 2.9 (range 2–4), indicating moderate 2–3 years of data for Klamath and Smith (Secretary) must determine, through the risk. The scores reflect the mixed nature River basin steelhead suggest that this regulatory process, if a species is of the trend data; many are declining, has already been effective in allowing endangered or threatened based upon but others are not. The general lack of several hundred more natural fish per any one or a combination of the reliable trend data for most winter-run year to spawn. The BRT concluded that following factors: (1) The present or populations remained a concern and a this management change would benefit threatened destruction, modification, or major source of uncertainty. wild steelhead populations in the near curtailment of its habitat or range; (2) term. overutilization for commercial, Genetic Integrity (4) Drought and recent power recreational, scientific, or educational Genetic integrity primarily covers shortages. The BRT was concerned that purposes; (3) disease or predation; (4) genetic risks to natural populations from these factors might lead to low water inadequacy of existing regulatory hatchery programs, including loss of flows in some streams, but insufficient mechanisms; or (5) other natural or fitness and loss of diversity among information was available to provide human-made factors affecting its populations. The mean score for this any quantitative evaluation of this continued existence. NMFS has element was 2.3 (range 2–3), indicating factor. prepared a report that summarizes the low to moderate risk. The concerns Scores for each of three major risk numerous factors leading to the decline focused primarily on areas with a elements (i.e., abundance, trends, and of steelhead on the West Coast (NMFS, relatively high proportion of naturally genetics) were lower than in the last 1996b). This report, available upon spawning hatchery fish (Trinity, BRT evaluation of this ESU. In 1997, the request (see ADDRESSES section), Applegate, and perhaps Smith and mean (and range) scores were 3.4 (2–5), concludes that all of the factors Chetco Rivers). 3.4 (3–4), and 3.0 (2–4) for abundance, identified in section 4(a)(1) of the ESA trends, and genetic integrity, have played a role in the decline of Other Risk Factors respectively (NMFS, 1997a). The current West Coast steelhead. The report further The only additional risk factor risk scores can also be compared with identifies several factors that were identified was the very low survival of scores for 11 other steelhead ESUs that considered to have contributed to the Iron Gate Hatchery fish. Although in were considered for final listing decline of the KMP steelhead ESU, itself this is not a risk factor for wild determinations by the BRT in 1997. Of including: hatchery introgression, fish, it may be an indication of serious those 11 ESUs, 10 were subsequently logging, water diversion/extraction, environmental problems in the river listed as threatened or endangered habitat blockages, poaching, agriculture, that could also affect wild fish. The BRT species. For those 10 listed ESUs, the hydropower development, historic expressed concern about this issue but range of the mean risk scores were as flooding, and mining. Hence, the recognized that at this point it is only follows: abundance (3.4–5.0); trends present depressed condition of this ESU speculative. (3.4–4.4); genetic integrity (2.8–4.3). The can be attributed to longstanding, current mean risk scores for the KMP Recent Events human-induced factors that serve to ESU, therefore, are lower than those for exacerbate the adverse effects of natural The BRT considered factors that have any listed ESU for each of the three risk environmental variability from such recently occurred and which may have elements. The only ESU included in the factors as drought, floods, and poor predictable consequences for steelhead 1997 evaluations that was not listed was ocean conditions. populations, but whose effects for the the Oregon Coast ESU, for which the In reassessing the status of the KMP most part have not yet been reflected in respective risk scores were 2.9, 2.9, and steelhead ESU, the BRT evaluated the data. These include: 3.1. The current risk scores for the KMP specific areas of risks associated with (1) There are some indications that ESU are comparable to those of the many of the factors identified above. atmospheric and oceanographic Oregon Coast ESU for abundance and This evaluation involved ranking risk conditions have recently shifted toward trends and lower than the Oregon Coast factors on a scale from 1–5 (very low a regime more favorable for ocean ESU for genetic integrity. risk to high risk). More detailed survival of salmonids in the Pacific Efforts Being Made to Protect West descriptions of this process are Northwest. The majority of the BRT felt Coast Steelhead contained in the updated status review that this might benefit steelhead in the for KMP steelhead (NMFS, 2001), while KMP ESU in the near future. However, Section 4(b)(1)(A) of the ESA requires the following sections summarize the the BRT acknowledged that there is no the Secretary to make listing conclusions. way to predict with any certainty how determinations solely on the basis of the long favorable ocean conditions might best scientific and commercial data Abundance and Distribution last, and that no one has demonstrated available after conducting a review of This element covers demographic and a direct link between ocean conditions the status of the species and after taking genetic risks caused by small population and marine survival of KMP steelhead. into account efforts being made by any size and risks to the ESU as a whole (2) A majority of the BRT felt that state or foreign nation to protect the caused by reductions in distribution of habitat improvements (e.g., stream species. Therefore, in making its listing populations. The mean score for this restoration activities, riparian corridor determinations, NMFS first assesses the element was 3.0 (range 2–4), indicating restoration, improvements to culverts, status of the species and identifies
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factors that have lead to the decline of these types of projects. State funding fish, (3) expanded mainstem river the species. NMFS then assesses available for coastal watershed and closures through the end of May to conservation measures to determine if habitat restoration projects was greatly protect juvenile outmigrating steelhead, they ameliorate risks to the species. In supplemented in 2000 and will be again and (4) various gear/bait restrictions to judging the efficacy of existing in 2001 by Federal Pacific Coastal decrease mortality associated with conservation efforts, NMFS has Salmon Recovery funds. Since 1997, the incidental hooking of steelhead considered the following: (1) The state has spent approximately $8 juveniles. Prior to NMFS’ 1998 final substantive, protective, and million on over 140 watershed an fish listing determination for the KMP conservation elements of such efforts; habitat restoration projects within the steelhead ESU, NMFS reviewed these (2) the degree of certainty such efforts geographic area encompassed by the regulation changes and concluded they will be reliably implemented; and (3) KMP steelhead ESU. In 2000-01, the would substantially reduce impacts to the presence of monitoring provisions state funded approximately 35 projects adult and juvenile steelhead (NMFS that determine effectiveness and that in this ESU at a total of over $4.5 1998). The emergency regulations were permit adaptive management. In some million and expects to continue formally enacted by the Commission in cases, conservation efforts may be restoration funding at this level for the June 1998 following public review and relatively new and may not have had next several years. Restoration projects comment and they continue to be in time to demonstrate their biological that have been implemented include place. NMFS believes these more benefit. In such cases, provisions for instream habitat improvements, restrictive angling regulations continue adequate monitoring and funding of improved fish passage through barrier to provide the reduction in impacts and conservation efforts are essential to modification and construction of fish other benefits that were expected at the ensure intended conservation benefits screens and ways, streambank time they were enacted in 1998. are realized. stabilization, riparian habitat restoration In accordance with the KMP steelhead As part of its West Coast steelhead and upslope activities geared at strategic management plan and the 1998 status reviews, NMFS reviewed an array minimizing erosion and sedimentation NMFS/California MOA, the CDFG also of protective efforts for steelhead and in streams. In addition to the expanded committed to continue and/or other salmonids, ranging in scope from habitat restoration program funded by implement new hatchery management regional strategies to local watershed SB 271 and other sources, CDFG has measures intended to reduce impacts to initiatives. NMFS has summarized some added additional staff positions to assist wild steelhead in this ESU. These of the major efforts in a supplement to in administering the program, provide measures included: (1) the continuation the earlier status reviews (NMFS, technical support in the development of of release strategies intended to 1996c). NMFS also reviewed steelhead watershed plans and habitat restoration minimize impacts on wild steelhead, (2) conservation measures being projects and implement a new steelhead continued marking of all hatchery implemented by the States of California monitoring and adaptive management produced steelhead that were released, and Oregon at the time of its March 19, program throughout coastal northern (3) the continued prohibition on 1998, listing determination for the KMP California. In accordance with the 1998 stocking of domestic trout in steelhead steelhead ESU (63 FR 13347). The NMFS/California MOA for Northcoast waters, (4) a commitment to reduce following sections summarize new steelhead and the 2000 MOA with the hatchery releases or implement other information reviewed since the status of state concerning the transfer and changes in hatchery practices if significant straying of hatchery fish was this ESU was last addressed in March administration of Federal Pacific Coast 1998. found to occur, (5) a cap on hatchery Salmon Recovery funds, NMFS production at current levels, regular State and Local Efforts participates in the review of watershed health checks during the rearing cycle and habitat restoration proposals under Recent efforts in California and and the destruction of diseased fish that the state program. Oregon include habitat improvements, cannot be treated, and (6) a review of harvest restrictions and hatchery 2. California Harvest and Hatchery the existing operating procedures for all improvements, and monitoring under Management - In February 1998, CDFG coop rearing facilities and adoption of a the following categories/programs: (1) completed a strategic management plan requirement that coop facilities develop California’s Watershed and Anadromous for the KMP steelhead ESU which and submit 5-year management plans to Fish Habitat Restoration Program; (2) included new and existing management the state for approval. As with the California’s harvest and hatchery measures addressing the recreational harvest management changes enacted by management; (3) California’s steelhead harvest of steelhead and the the State, NMFS reviewed these monitoring, (4) Oregon harvest and management of steelhead hatchery management measures and concluded hatchery management; and (5) Oregon programs. In March 1998, the State and they would benefit wild steelhead in the steelhead monitoring. In addition, NMFS formally committed to KMP steelhead ESU. In addition to these NMFS received several comments implement this plan as part of the measures, NMFS and CDFG have also describing local conservation efforts, in NMFS/California MOA. As called for in been conducting a state-wide review of particular for the California portion of the plan, the California Fish and Game CDFG’s hatchery programs including the KMP steelhead ESU. The status of Commission (Commission) adopted those in the KMP steelhead ESU (Iron these efforts is discussed in more detail emergency changes to the state’s inland Gate hatchery and Trinity River here. fishing regulations in February and hatchery) with the objective of ensuring 1. California Watershed and March 1998 to protect steelhead in this these programs are compatible with the Anadromous Fish Habitat Restoration - ESU. These changes included: (1) conservation of listed and candidate In 1997, California’s funding for elimination of wild steelhead retention anadromous salmonids, including watershed and habitat restoration in in all stream and rivers within the ESU steelhead. This review is expected to be coastal watersheds, including those in except for the Smith River where completed in 2001. the KMP steelhead ESU, increased limited retention was allowed based on 3. California Steelhead Monitoring - substantially with the enactment of new the health of the population, (2) fishing In accordance with the 1998 NMFS/ legislation (SB 271) which provided closures in steelhead rearing tributaries California MOA, the CDFG committed CDFG with $43 million over 6 years for throughout the ESU to protect juvenile to develop and implement an expanded
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monitoring, evaluation, and adaptive developed a set of population health that these efforts, coupled with ESA management program for steelhead with goals and assessment methods in 1999 protective regulations for listed coho the range of the KMP and Northern (ODFW, 1999). The specific goals salmon, will likely improve conditions California steelhead ESUs. In response address: (1) habitat characteristics; (2) for KMP steelhead as well. to this commitment, CDFG funded and densities of juvenile steelhead; (3) Tribal Efforts established the Steelhead Research and steelhead distribution; (4) fry Monitoring Program (S-RAMP) in early production; (5) abundance of Rogue During the public comment period, 1999 and developed a research program River steelhead; and (6) life history of NMFS received information from the which was implemented in late 1999/ summer steelhead. NMFS participated Hoopa Valley and Yurok Tribes; the 2000. Within the KMP steelhead ESU, in the development of these goals and latter provided information regarding this program conducts projects on the concluded that the overall monitoring their efforts to promote the conservation Smith, Klamath and Trinity Rivers, approach addressed key issues and of KMP steelhead. Key efforts cited by including various creel censuses, would improve understanding of the the Yurok Tribe include: (1) monitoring spawner surveys, juvenile trapping health of KMP steelhead populations of adult and juvenile steelhead in the studies, and other research oriented (NMFS, 1999b). Monitoring conducted Klamath and Trinity River basins via projects. Future studies are planned to during the past 2 years has generated a creel, outmigrant, and spawner surveys; address steelhead residualism in the considerable amount of information on and (2) tribal advocacy and funding for Klamath and Trinity Rivers and summer KMP steelhead. As noted previously in habitat restoration activities and steelhead abundance in both ESUs. this document (see ‘‘Updated Status of hatchery fish marking strategies. The NMFS intends to continue working with KMP Steelhead’’), ODFW has reported tribe also underscored their support for CDFG through the joint scientific and O. mykiss present in almost all the sites the recent Trinity River Record of technical team which provides advice to they examined, suggesting that adult Decision which establishes in-stream the S-RAMP to refine its study steelhead are well distributed flows aimed at protecting fish in this objectives and funding priorities so that throughout suitable habitat in the Klamath River subbasin. it will provide useful information of the Oregon portion of the ESU. NMFS will Federal Efforts status of wild steelhead stocks in the continue to work with ODFW to make Substantial Federal conservation KMP steelhead ESU. needed modifications in these 4. Oregon Harvest and Hatchery efforts in California and Oregon monitoring efforts to ensure that they continue to address and improve habitat Management - Prior to NMFS’ 1998 continue to track the health and listing determination for the KMP conditions for KMP steelhead. As productivity of KMP steelhead described in the agency’s 1998 listing steelhead ESU, significant changes were populations. made to hatchery programs and determination (63 FR 13347, March 19, recreational fishing regulations affecting 6. Local Efforts - Private lands 1998), benefits to steelhead accrue from steelhead in the Oregon portion of this comprise approximately 35 percent of four major Federal efforts: (1) the ESU. The major changes related to the land ownership within the range of Northwest Forest Plan; (2) Klamath and fishing included reduction or the KMP steelhead ESU. As noted Trinity River basin restoration; and (3) elimination of the harvest of wild adult previously in this document, NMFS ESA protections for threatened SONCC steelhead, reduction or elimination of received numerous comments regarding coho salmon, in particular, (a) ESA the harvest of wild trout, specific gear salmonid conservation efforts by local section 7 consultations and (b) habitat restrictions when angling with bait, and entities and individual landowners. conservation planning. The status of establishing sanctuary areas that are Specific efforts identified included these efforts is discussed in more detail closed to all fishing. Significant changes those by the Five Counties Salmon here. to hatchery management included Conservation Program, Scott River 1. Northwest Forest Plan (NFP) - The eliminating stocking of hatchery trout in Watershed Council, Shasta River NFP is a Federal interagency flowing waters where anadromous fish Coordinated Resource Management cooperative program, for which a occur, reducing the number of hatchery Plan, Salmon River Restoration Council. Record of Decision was signed and steelhead smolts released, elimination In addition, the Natural Resources implemented in April 1994. The NFP of inappropriate hatchery broodstocks, Conservation Service district offices and represents a coordinated ecosystem and development of locally adapted Resource Conservation Districts have management strategy for Federal lands broodstocks. NMFS assessed these been working closely with local administered by the U.S. Forest Service management changes in 1998 and landowners and governments to (USFS) and Bureau of Land concluded that they would benefit KMP improve salmonid habitats throughout Management (BLM) within the range of steelhead (NMFS, 1998b). Moreover, all the range of KMP steelhead. These the northern spotted owl (which of the management changes related to efforts have involved expenditures of overlaps considerably with the hatcheries and harvest that were millions of dollars and helped generate freshwater range of KMP steelhead). The implemented by ODFW’s emergency considerable landowner interest in most significant element of the NFP for regulations in March 1998 were adopted salmonid restoration work, including: anadromous fish is its Aquatic as permanent rules in August 1998 and inventorying fish barriers and restoring Conservation Strategy (ACS), a regional- remain in effect. access to anadromous fish habitats (e.g., scale aquatic ecosystem conservation 5. Oregon Steelhead Monitoring - The replacing culverts with bridges); strategy that includes: (1) special land steelhead supplement to the Oregon improving and abandoning forest roads; allocations, such as key watersheds, Plan for Salmon and Watersheds fencing and planting riparian areas; riparian reserves, and late-successional (OPSW, 1998) includes a measure identifying riparian reserves; promoting reserves, to provide aquatic habitat committing the ODFW to work with large woody debris; screening water refugia; (2) special requirements for NMFS to establish population health diversions; controlling runoff/ project planning and design in the form goals for wild steelhead in Oregon. In sedimentation; monitoring fish and of standards and guidelines; and (3) new support of this measure, and in habitat; and educating youth and local watershed analysis, watershed coordination with the OPSW’s state- communities about the importance of restoration, and monitoring processes. wide monitoring strategy, ODFW salmon and watersheds. NMFS believes These ACS components collectively
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ensure that Federal land management Council comprises essentially the same Interior Secretarial Decision, the Trinity actions achieve a set of nine Aquatic interests as the Task Force, except for River Restoration Act, and the 1992 Conservation Strategy objectives, which the four county representatives who Central Valley Project Improvement Act. include salmon habitat conservation. In hold seats only on the Task Force. The new restoration program includes: recognition of over 300 ‘‘at-risk’’ Pacific In addition to habitat restoration (1) a new instream flow regime that salmonid stocks within the NFP area projects implemented pursuant to the provides for increases flow releases (Nehlsen et al., 1991), the ACS was Klamath Act, the Department of Interior according to hydrologic year type and developed by aquatic scientists, with contracted with Utah State in 1998 to reduced exports to the Central Valley, NMFS participation, to restore and develop interim flow recommendations (2) mechanical channel rehabilitation of maintain the ecological health of downstream of Iron Gate Dam for 47 sites in the river, (3) coarse and fine watersheds and aquatic ecosystems on salmon and steelhead. This study was sediment management and gravel public lands. The ACS strives to initiated to develop a more scientific replacement, (4) bridge replacement and maintain and restore ecosystem health basis for instream flow needs for infrastructure modification, (5) at watershed and landscape scales to anadromous salmonids than existed watershed restoration, and (6) adaptive protect habitat for fish and other previously. The second phase of this management. NMFS fully supports the riparian-dependent species and study is ongoing and involves close implementation of this new program resources and to restore currently technical coordination with the USFWS, and believes it will result in significant degraded habitats. The approach seeks U.S. Geological Survey, NMFS, CDFG, increases in anadromous fish to prevent further degradation and to and the Klamath basin Indian tribes. populations, including steelhead within restore habitat on Federal lands over NMFS is confident this research effort the Trinity River basin. broad landscapes. will provide the technical and scientific 3. ESA Section 7 Consultations - On NMFS believes that implementation basis leading to increased flows, May 6, 1997, the SONCC coho salmon of the NFP will continue to provide improved water quality, and increased ESU was listed as a threatened species substantial benefits to KMP steelhead. rearing habitat for juvenile salmon and under the ESA (62 FR 24588). The range While the NFP covers a very large area, steelhead in the Klamath River. of this ESU encompasses all major river the overall effectiveness of the NFP in In October 1984, the Trinity River basins inhabited by KMP steelhead, conserving KMP steelhead is somewhat Basin Fish and Wildlife Restoration Act although the species’ distribution varies limited by the extent of Federal lands (Act) was enacted by Congress. The Act to a degree within individual subbasins. (approximately 63 percent of the ESU’s appropriated $33 million dollars over a The SONCC coho salmon listing has range) and the fact that Federal land 10–year period for design and resulted in significant Federal focus on ownership is not uniformly distributed construction of restoration projects and improving salmonid habitat conditions in watersheds within the affected ESUs. $2.4 million dollars annually for in southern Oregon and northern Therefore, long-term habitat protection operation, maintenance, and California. The USFS and BLM within the range of this ESU continues monitoring. The Act embodied in law routinely engage NMFS in section 7 to be improvement in non-Federal land an 11–point plan to restore and consultations to ensure that ongoing or management, particularly those lands maintain fish and wildlife resources in proposed activities do not jeopardize used for timber harvest. the basin at levels which occurred prior coho salmon or adversely modify its 2. Klamath/Trinity River Basin to the construction of the Trinity River critical habitat. Restoration - The Klamath Act (Pub. L. Diversion, Central Valley Project. The Over the past 4 years, NMFS has 99–552), which was passed by Congress Trinity River Basin Fish and Wildlife consulted on over 200 ongoing and in 1986, authorized a 20–year Federal- Task Force, which was formed to proposed activities that may affect state cooperative Klamath River Basin investigate and develop an action plan salmonid habitats within the range of Conservation Area Restoration Program to identify and correct fish and wildlife the KMP steelhead ESU. Biological for the rebuilding of the river’s fish problems in the Trinity River basin, assessments (BAs) and biological resources. The Klamath Act created a issued the Trinity River Basin Fish and opinions (BOs) cover a wide range of 14–member Klamath River Basin Wildlife Management Program Report, management activities, including forest Fisheries Task Force (Task Force) and which outlined five major goals to and/or resource area-wide routine and directs the U.S. Secretary of Interior to restore fish and wildlife. The report non-routine road maintenance, hazard cooperate with the Task Force in the identified ten major actions and tree removal, range allotment creation and implementation of a associated costs to restore fish management, watershed and instream Klamath River Basin Conservation Area populations and rehabilitate habitat. A restoration, special use permits (e.g., Fishery Restoration Program (KRBFTF, 3–year action plan was issued by the mining, ingress/egress), flood control, 1991). The Task Force members are Task Force in 1988 and a second 3–year water supply/irrigation (e.g., Klamath appointed by, and represent, the plan was issued in 1992. This most River and Trinity River flows), and Governors of California and Oregon; the recent plan identifies over 100 timber sale programs (e.g., green tree, U.S. Secretaries of Interior, Commerce restoration, supplementation, and fuel reduction, thinning, regeneration, and Agriculture; the California counties monitoring activities to be completed and salvage). These BAs and BOs of Del Norte, Humboldt, Siskiyou and over the next 3 years. include region-specific best Trinity; Hoopa Valley, Karuk and Yurok In December 2000, the Secretary of management practices, necessary Indian tribal fishers; as well as by Interior issued a Record of Decision for measures to minimize impacts for listed anglers and commercial fishermen. The restoration of the Trinity River which anadromous salmonids, monitoring, and Klamath Act also created an 11–member culminated years of study (Trinity River environmental baseline checklists for Klamath Fishery Management Council Flow Evaluation Study) and a multi- each project. In addition to the to ‘‘establish a comprehensive long-term year effort to develop an Environmental numerous consultations involving plan and policy * * * for the Impact Statement/Environmental Federal land management actions, management of the in-river and ocean Impact Report (EIS/EIR) for the program. NMFS has also consulted on a variety of harvesting that affects or may affect The development of this program was activities involving private actions Klamath and Trinity River basin mandated by several Federal actions of requiring Federal authorization or anadromous salmon populations.’’ The statutes including a 1981 Department of approval. Examples of these actions
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include significant instream projects further operational modifications based scientists concluded that the ESU was such as building boat ramps and docks, on the timing of fish runs. Activities not in danger of extinction nor likely to water withdrawals, and dredging proposed for inclusion in the GPID become so in the foreseeable future. The activities. NMFS’ involvement in these Permit include: all aspects of operating change since 1998 in the BRT’s overall consultations, and the resultant BOs, the dam, including opening and closing risk assessment can primarily be have resulted in a more consistent the radial gates, installing and removing attributed to new information that approach to management of public the stoplogs, and operating the fish affected the interpretation of two major lands throughout the range of KMP ladders, the turbine and the screens, and factors: steelhead. the diversion facilities. The Permit and 1. Current information indicates that 4. Habitat Conservation Plans - NMFS HCP would also cover monitoring the proportion of naturally spawning and USFWS are also engaged in an activities and related scientific hatchery fish, at least in Oregon, is ongoing effort to assist in the experiments in the HCP area. much lower than indicated by data development of multiple species Habitat The proposed Permit would authorize available for the initial steelhead status Conservation Plans (HCPs) for state and the incidental take of SONCC coho review (NMFS, 1994), and somewhat privately owned lands in California and salmon, but GPID also sought coverage lower than the revised estimates Oregon. While section 7 of the ESA for KMP steelhead (in the event this available at the time of the last addresses species protection associated ESU was listed). The duration of the assessment (NMFS, 1997a; NMFS, with Federal actions and lands, Habitat proposed Permit and HCP is 1 year. 1998a). The new information reduced Conservation Planning under section 10 NMFS very recently announced the concerns of the BRT for genetic risks availability of the HCP and a draft of the ESA addresses species protection associated with artificial propagation Environmental Assessment for review on non-Federal lands. HCPs are and increased confidence that naturally (66 FR 15080, March 15, 2001) and particularly important since about 37 sustaining populations are more widely expects to make a final Permit decision percent of the habitat in the range of the distributed throughout this ESU than after April 16, 2001. In addition, during KMP steelhead ESU is in non-Federal previously thought. the 1–year implementation period, GPID ownership. The intent of the HCP 2. Although solid estimates of overall process is to reduce conflicts between will continue to pursue Federal authorization and funding for dam abundance in this ESU are still not listed species and economic available, new information provided development activities and to provide a removal. Within that time period, more information regarding the likelihood reason to believe that abundance of framework that encourages creative and timing of dam removal will be natural fish in this ESU is probably at partnerships between the public and available, and a new proposed action least 50,000 adults and may exceed private sectors and state, municipal, and can be identified. 100,000. Natural production in this ESU Federal agencies in the interests of may exceed that of any other steelhead endangered and threatened species and Listing Determination ESU considered in the coastwide status habitat conservation. Section 3 of the ESA defines an review. To date, two HCPs are under endangered species as any species in These findings, coupled with the development within the range of KMP danger of extinction throughout all or a agency’s conclusion that existing steelhead, one by Simpson Timber significant portion of its range, and a conservation efforts are collectively Company and the other by the Grants threatened species as any species likely benefitting steelhead in this ESU, form Pass Irrigation District (GPID). However, to become an endangered species within the basis for NMFS’ decision that the only the latter has been formally the foreseeable future throughout all or KMP steelhead ESU does not warrant submitted to NMFS. GPID has requested a significant portion of its range. Section listing under the ESA at this time. an Incidental Take Permit (Permit) 4(b)(1)(A) of the ESA requires that the regarding the operation of Savage listing determination be based solely on References Rapids Dam in Josephine and Jackson the best scientific and commercial data A complete list of all cited references Counties, OR, and has prepared an HCP available, after conducting a review of is available upon request (see designed to minimize and mitigate the status of the species and after taking ADDRESSES). incidental take of endangered and into account those efforts being made by threatened species. Fish passage has any state or foreign nation to protect Dated: March 28, 2001. been an issue at Savage Rapids Dam such species. Clarence Pautzke, since GPID constructed the dam in As described previously in this Acting Deputy Assistant Administrator for 1921. GPID proposes to operate Savage document, the NMFS steelhead BRT Regulatory Programs, National Marine Rapids Dam consistent with reviewed updated abundance and trend Fisheries Service. conservation measures developed information available for this ESU [FR Doc. 01–8166 Filed 4–3–01; 8:45 am] during 1998-2000 to reduce take, with (NMFS, 2001) and the majority of BRT BILLING CODE 3510–22–S
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Notices Federal Register Vol. 66, No. 65
Wednesday, April 4, 2001
This section of the FEDERAL REGISTER ACTION: Notice of funds availability SUPPLEMENTARY INFORMATION: contains documents other than rules or (NOFA). proposed rules that are applicable to the Information Collection and public. Notices of hearings and investigations, Recordkeeping Requirements SUMMARY: The Rural Utilities Service committee meetings, agency decisions and In accordance with the Paperwork rulings, delegations of authority, filing of announces a new grant program and the availability of grant funds under this Reduction Act of 1995 (44 U.S.C. petitions and applications and agency chapter 35), RUS invites comments on statements of organization and functions are program to finance the installation of this information collection for which examples of documents appearing in this new transmitters to extend the coverage RUS intends to request approval from section. of the National Oceanic and the Office of Management and Budget Atmospheric Administration’s Weather (OMB). These requirements have been Radio system (NOAA Weather Radio) in DEPARTMENT OF AGRICULTURE approved by emergency clearance under rural America. The President of the OMB Control Number 0572–0124. Forest Service United States and the United States Comments on this notice must be Congress have made $5 million in grant received by June 4, 2001. Eastern Washington Cascades funds available to facilitate the Comments are invited on (a) whether Provincial Advisory Committee and expansion of NOAA Weather Radio the collection of information is Yakima Provincial Advisory Committee system coverage into rural areas that are necessary for the proper performance of not covered or are poorly covered at this the functions of the agency, including AGENCY: Forest Service, USDA. time. This grant program will provide whether the information will have ACTION: Notice of meeting. grant funds, on an expedited basis, for practical utility; (b) the accuracy of the agency’s estimate of burden including SUMMARY: The Eastern Washington use in rural areas and communities of the validity of the methodology and Cascades Provincial Advisory 50,000 or less inhabitants. Grant funds assumption used; (c) ways to enhance Committee and the Yakima Provincial are available immediately and the quality, utility and clarity of the Advisory Committee will meet on applications will be processed on a first- information to be collected; and (d) Friday, April 13, 2001, at the Wenatchee come, first-served basis until the ways to minimize the burden of the National Forest headquarters main appropriation is used in its entirety. collection of information on those who conference room, 215 Melody Lane, Upon full utilization of the $5,000,000 are to respond, including through the Wenatchee, Washington. The meeting appropriation, the Rural Utilities use of appropriate automated, will begin at 9:00 a.m. and continue Service will publish a notice in the electronic, mechanical, or other until 3:00 p.m. During this meeting we Federal Register notifying the public technological collection techniques or will continue discussion and provide accordingly. other forms of information technology. advice on Dry Forest Strategy Comments may be sent to F. Lamont management implementation on the DATES: Applications for grants will be Heppe, Jr., Director, Program Okanogan and Wenatchee National accepted following publication of this Development and Regulatory Analysis, Forests. All Eastern Washington notice and will be accepted until grants Rural Utilities Service, U.S. Department Cascades and Yakima Province totaling $5 million in appropriations of Agriculture, 1400 Independence Ave., Advisory Committee meetings are open have been made. Comments regarding SW., Stop 1522, Room 4034 South to the public. Interested citizens are the information collection requirements Building, Washington, D.C. 20250–1522. welcome to attend. under the Paperwork Reduction Act Title: Weather Radio Transmitter FOR FURTHER INFORMATION CONTACT: must be received on or before June 4, Grant Program. Direct questions regarding this meeting 2001, to be assured of consideration. Type of Request: New collection. to Paul Hart, Designated Federal ADDRESSES: Comments regarding the Estimate of Burden: Public reporting Official, USDA, Wenatchee National information collection requirements burden for this collection of information Forest, 215 Melody Lane, Wenatchee, is estimated to average 5 hours per may be sent to F. Lamont Heppe, Jr., Washington 98801, 509–662–4335. response. Director, Program Development and Dated: March 22, 2001. Respondents: Not-for-profit Regulatory Analysis, Rural Utilities institutions, State, Local or Tribal Sonny J. O’Neal, Service, U.S. Department of Agriculture, Government. Forest Supervisor, Okanogan and Wenatchee 1400 Independence Ave., SW., Stop Estimated Number of Respondents: National Forests. 1522, Room 4034 South Building, 60. [FR Doc. 01–8282 Filed 4–3–01; 8:45 am] Washington, DC 20250–1522. Estimated Number of Responses per BILLING CODE 3410–11–M Respondent: 1. FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden on Roberta D. Purcell, Assistant Respondents: 5 hours. DEPARTMENT OF AGRICULTURE Administrator, Telecommunications Copies of this information collection Program, Rural Utilities Service, STOP can be obtained from Michele Brooks, Rural Utilities Service 1590, 1400 Independence Avenue, SW., Program Development and Regulatory Washington, DC 20250–1590, Weather Radio Transmitter Grant Analysis, at (202) 690–1078. Telephone (202) 720–9554, Facsimile Program All responses to this information (202) 720–0810. collection and recordkeeping notice will AGENCY: Rural Utilities Service, USDA. be summarized and included in the
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request for OMB approval. All Rural Utilities Service electric and adequate coverage by an existing comments will also become a matter of telecommunications borrower transmitter. The Rural Utilities Service, public record. cooperatives), units of local or state in consultation with the National government, or Federally-recognized Weather Service, has developed the General Information Indian tribes. attached list of proposed rural The National Weather Service transmitter sites that will be eligible for operates an All Hazards Early Warning Grantee Responsibilities funding under this notice. Completed System that alerts people in areas Grantees must execute a grant applications that cover sites on this list covered by its transmissions of agreement in form and substance and meet all other requirements approaching dangerous weather and satisfactory to the Rural Utilities discussed in this notice will be funded other emergencies. The National Service. on a first-come, first-served basis, until Weather Service can typically provide Grantees agree to inform the Rural all appropriated funds have been warnings of specific weather dangers up Utilities Service of their progress during exhausted. to fifteen minutes prior to the event. At the installation and testing of the A transmitter acquired under this present, this system covers all major proposed transmitter equipment, and program may be placed on a tower metropolitan areas and many smaller when the new transmitter is placed into regardless of where the tower is located cities and towns; however, many rural service. within a rural area so long as the areas lack NOAA Weather Radio estimated signal coverage footprint from Grant Limitations coverage. This new grant authority is the transmitter covers at least 60 percent intended to improve coverage of NOAA Grant funds may not be used to pay of the hypothetical site area. The Weather Radio in rural areas thereby for facilities located in non-rural areas. hypothetical site area is the area promoting public safety and awareness. Grant assistance will be provided on included within a circle with a 45-mile a graduated scale with sparser, lower Applications radius around a proposed rural income communities eligible for a transmitter site on the list. Applications will be accepted as higher proportion of grant funds to total The Rural Utilities Service will discussed previously in the ‘‘Dates’’ project costs. The grantee must provide update its list from time to time and will section. All interested parties are matching funds to meet the full cost of publish updates in the Federal Register. strongly encouraged to contact the Rural the project. Grant assistance is limited Utilities Service, USDA to discuss their to the following percentages of eligible Matching Funding financial needs and eligibility. project costs: Under Grant Limitations, above, Use of Grant Funds The grant may pay up to 75 percent matching funds are required to of the total project cost when the compliment grant funds made available Grant funds must be used to purchase transmitter is located in rural areas under this program. An applicant may and install NOAA Weather Radio outside of a community or in a rural meet the matching fund requirement by transmitters and antennas that will be community of 12,000 or less, and where donating, or arranging for the donation combined with donated tower space and average per capita income for the county of, facilities needed to complete the other site resources to establish new where the transmitter is located is less project. For example, an applicant rural NOAA Weather Radio than $36,000, as determined by Per proposing a site for a new NOAA transmitters. Capita Personal Income by County, Weather Radio transmitter may donate Maximum Size of Grants Bureau of Economic Analysis, U.S. tower and equipment building space, or Generally, grants shall be limited to a Department of Commerce, at find a third-party donor of those maximum size of $80,000 per site. In www.bea.doc.gov/vea/regional/reis/ facilities, and use the value of tower and view of the probability that larger, (‘‘PCI’’); The grant may pay up to 65 equipment building rental calculated community-based rural organizations, percent of the total project cost when over the life of the transmitter to satisfy such as statewide cooperative the transmitter is located in rural areas matching funds requirements. The associations, may wish to arrange outside of a community or in a rural applicant may also use the estimated coverage of multiple rural areas, any one community of 20,000 or less, and where cost of donated power, communications applicant may file applications to cover average per capita income for the county and standby power over the life of the no more than five (5) different sites. where the transmitter is located is less transmitter to satisfy the matching funds than $38,000, as determined by PCI; requirement. The commitment of these Definition of Rural Area The grant may pay up to 55 percent donations must be unqualified and in As used in this notice, rural area of the total project cost when the writing to be considered in the means a city, town, or unincorporated transmitter is located in rural areas calculation of matching funds. area that has a population of 50,000 outside of a community or in a rural For such contributions to be utilized inhabitants or less, other than an community of 50,000 or less, and where as matching funds, the applicant must urbanized area immediately adjacent to average per capita income for the county estimate the value of the tower space a city, town, or unincorporated area that where the transmitter is located is less contributed over the life of the has a population in excess of 50,000 than $40,000, as determined by PCI. transmitter which, for the purposes of inhabitants. Grant assistance may not be used to this program, shall be assumed to be pay operating or annual recurring costs, such period as the applicant selects, but General Terms of Grant including rentals, but these excluded not less than 15 years. The value of Except to the extent set forth in this costs may be included in the contributions of electrical power and Notice of Funds Availability, these computation of the eligible project cost. telecommunications service must also grants will be made in accordance with be estimated using the same transmitter Project Needs 7 CFR part 3570. life. An area’s need for a new NOAA Eligible Applicants Weather Radio transmitter is The Grant Application Applicants must be non-profit determined by its inherent risk of The completed grant application must corporations or associations (including hazardous weather, and the absence of contain:
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(1) A description of the new NOAA the section entitled ‘‘Matching delivery, and the estimated value of the Weather Radio transmitter, its location, Funding’’; contribution; and projected area of coverage; (5) A statement giving the name and (10) A statement that other funding, (2) A detailed description of the population of the community and such as loans, or state or local grant community’s need for the proposed county in which the transmitter is funding, or internally generated system; and located; funding, is not available to establish a (3) A project budget, showing: (6) A description of any physical new NOAA Weather Radio transmitter; (a) The amount of grant funds facilities offered to satisfy the matching and requested, and descriptions of the fund requirements, including the tower (11) Such other information as may be equipment proposed to be purchased height, age, load capacity, the elevation reasonably requested by the Rural with those funds; and on the tower where space is offered, and Utilities Service to clarify a particular (b) Contributions of funds, facilities, details of equipment building space that application. and services required to complete and will be made available for transmitter Grant Award Criteria sustain the project that will be applied equipment; to meet matching funds requirements as (7) A statement that the applicant, if The Rural Utilities Service will set forth in this NOFA. Matching funds it receives a Weather Radio grant process and approve, in the order requirements cannot be met by funds pursuant to this NOFA, will execute a received, grant applications meeting the from a Federal source or in-kind grant agreement containing technical requirements of this NOFA. matching facilities purchased with and other standards and otherwise Grantee Procurement Federal funds. satisfactory to RUS. Grantees establishing new NOAA (4) Binding commitments from the (8) A statement that the transmitter Weather Radio transmitters must applicant and the tower and site that will cover at least 60 percent of a purchase National Weather Service— owners, if other than the applicant, that hypothetical site area; certified equipment, and must perform any offered commitments, such as tower (9) If the applicant is not the source workmanship in a manner that is space and electrical power, that are used of all matching funds or in-kind acceptable to the National Weather to meet matching funds requirements facilities offered, a list detailing each Service. will be provided, irrespective of changes contributor and the items to be in ownership of the facilities, without contributed, unqualified written Dated: March 27, 2001. charge for the life of the transmitter as commitments for delivery from each Blaine D. Stockton, determined by the applicant pursuant to contributor, including the time of Acting Administrator, Rural Utilities Service.
NWR SITE LISTING
State and site name County name FIPS Latitude Longitude
ALABAMA: ONEONTA ...... BLOUNT ...... 1009 34 03 04 86 29 01 PLEASANT RIDGE ...... GREENE ...... 1063 32 55 05 88 02 14 ROCKFORD ...... COOSA ...... 1037 32 55 06 86 16 04 SELMA ...... DALLAS ...... 1047 32 29 08 87 06 02 ALASKA: BARROW ...... NORTH SLOPE ...... 2185 71 17 25 156 46 43 BETHEL ...... BETHEL ...... 2050 161 45 21 60 47 32 CAPE SPENCER ...... SKAGWAY-YAKUTAT ...... 2231 58 12 34 136 39 12 DILLINGHAM ...... DILLINGHAM ...... 2070 158 27 27 59 02 23 GLENALLEN ...... GLENALLEN ...... 2261 62 06 33 149 59 50 GUSTAVUS ...... SKAGWAY-YAKUTAT ...... 2231 58 24 40 135 45 29 KAKE ...... WRANGELL PETERSBURG ...... 2280 56 28 24 1335655 KOTZEBUE ...... NORTHWEST ARCTIC ...... 2188 66 53 54 1623548 NAKNEK ...... BRISTOL BAY ...... 2060 58 43 87 157 01 00 NINILCHIK ...... KENAI PENNINSULA ...... 2122 60 03 00 151 38 82 SAND POINT ...... ALEUTIANS EAST ...... 2013 55 20 39 160 29 27 TOK ...... SOUTHEAST FAIRBANKS ...... 2240 63 18 47 143 00 29 WASILLA ...... MATANUSKA ...... 2170 61 34 96 149 26 75 AMERICAN SAMOA: PAGO PAGO ...... 60010 ...... MT ALVA ...... TUTUILA ISLAND ...... 60010 ...... LE’OLO RIDGE ...... OFU ISLAND ...... 60010 ...... MT OLOTELE ...... TUTUILA ISLAND ...... 60010 ...... ARIZONA: E YUMA COUNTY ...... YUMA ...... 4027 32 45 06 114 00 18 KYKOTSMOVI ...... NAVAJO ...... 004017 35 18 00 110 31 00 MOHAVE (2) ...... MOHAVE ...... 4015 34 29 02 114 19 18 NOGALES ...... SANTA CRUZ ...... 004023 38 21 03 110 47 02 PIMA ...... PIMA ...... 004019 32 06 14 111 48 53 ARKANSAS: BRINKLEY/FOREST CITY ...... MONROE ...... 5095 34 53 16 91 11 40 EL DORADO ...... UNION ...... 5139 33 34 00 92 50 44 MAGNOLIA ...... COLUMBIA ...... 5027 33 15 33 93 14 00 MARIANNA ...... LEE ...... 5077 34 46 68 90 46 09 WILMOT ...... ASHLEY ...... 5003 33 18 25 90 53 49 CALIFORNIA:
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NWR SITE LISTING—Continued
State and site name County name FIPS Latitude Longitude
PT LOMA (MARINE) ...... SAN DIEGO ...... 006073 33 03 09 116 29 03 SAN DIEGO (SPANISH) ...... SAN DIEGO ...... 006073 33 03 09 116 29 03 ALTURAS ...... MODOC ...... 006049 41 43 50 121 21 14 BIG SUR ...... MONTEREY ...... 006053 36 16 13 121 48 23 BRECKENRIDGE MTN ...... KERN ...... 006029 35 19 02 118 40 05 CONTRA COSTA CNTY ...... CONTRA COSTA ...... 6013 37 54 20 122 09 34 CUESTA PEAK ...... LOS ANGELES ...... 006037 34 09 09 118 12 1 EL PASO MTNS ...... KERN ...... 6029 35 19 02 118 40 05 HORSE MOUNTAIN ...... HUMBOLDT ...... 006023 40 52 28 123 43 54 LAKE ELSINORE ...... ORANGE ...... 006059 33 38 05 117 49 01 LAKEPORT ...... LAKE ...... 006033 39 06 06 122 44 04 LAYTONVILLE ...... TRINITY ...... 006105 39 41 32 123 28 71 METRO MOHAVE (2) ...... SAN BERNADINO ...... 6071 34 06 46 117 16 39 MOUNT WILSON ...... LOS ANGELES ...... 006037 34 09 09 118 12 1 MOUNT WILSON SPANISH ...... LOS ANGELES ...... 006037 34 09 09 118 12 1 MT PIERCE ...... HUMBOLDT ...... 006023 40 39 03 123 51 04 MT TAMALPIAS ...... SANTA CLARA ...... 006085 37 16 01 121 16 08 MT. SHASTA ...... SISKIYOU ...... 006093 41 18 36 41 18 36 OJAI ...... VENTURA ...... 006111 34 20 09 119 03 04 ORLEANS ...... HUMBOLDT ...... 006023 41 18 04 123 32 47 OWENS VALLEY ...... INYO ...... 006027 38 35 74 120 25 03 PORTOLA MT ...... PLUMAS COUNTY ...... 006063 40 01 90 120 44 30 QUINCY/CHESTER ...... PLUMAS ...... 6063 40 00 54 119 06 43 REDWOOD NP ...... DEL NORTE ...... 006015 41 45 58 124 02 48 SAN DIEGO INTERIOR ...... SAN DIEGO ...... 006073 33 03 09 116 29 03 SEQUOIA NP ...... TULARE ...... 6107 36 16 18 118 32 24 SEQUOIA NP ...... TULARE ...... 6107 36 16 18 118 32 24 SUSANVILLE ...... LASSEN ...... 006035 40 24 59 120 39 07 UKIAH ...... MENDOCINO ...... 006045 39 26 04 123 23 00 WEAVERVILLE ...... TRINITY ...... 006105 40 40 04 123 02 07 YOSEMITE ...... CALAVERAS ...... 006009 37 44 43 119 35 50 COLORADO: ANTON ...... WASHINGTON ...... 8121 39 59 04 103 07 06 ASPEN ...... PITKIN ...... 8097 39 18 02 106 56 05 CANON CITY ...... FREMONT ...... 8043 38 28 09 105 33 05 CORTEZ ...... MONTEZUMA ...... 8083 37 19 20 108 32 45 CRAIG ...... MOFFAT ...... 8081 40 38 09 108 11 03 DURANGO ...... LA PLATA ...... 8067 36 56 08 108 09 07 EAGLE ...... EAGLE ...... 8037 39 37 03 106 37 05 EISENHOWER TUNNEL ...... CLEAR CREEK ...... 8019 39 45 01 104 54 08 FRANKTOWN ...... DOUGLAS ...... 8035 39 20 06 104 53 06 GUNNISON ...... GUNNISON ...... 8051 38 40 09 107 02 04 HARTSEL ...... PARK ...... 8093 39 07 07 105 41 00 HOLYOKE ...... PHILLIPS ...... 8095 40 38 00 102 24 00 HOT SULPUR SPRINGS ...... GRAND ...... 8049 40 06 04 104 07 01 IDAHOE SPRINGS ...... GILPIN ...... 8047 39 52 14 105 29 00 JULESBURG ...... SEDGWICK ...... 8115 40 56 35 102 21 28 LEADVILLE ...... LAKE ...... 8065 39 10 09 106 20 41 MEEKER ...... RIO BLANCO ...... 8103 40 01 08 108 18 06 NATURITA ...... MONTROSE ...... 8085 37 19 05 108 33 08 NUCLA ...... SAN MIGUEL ...... 8113 38 01 02 108 23 03 PAGOSA SPRINGS ...... ARCHULETA ...... 8007 37 13 01 107 01 07 SALIDA ...... CHAFFEE ...... 8015 38 46 00 106 05 05 SPRINGFIELD ...... BACA ...... 8009 37 19 01 102 32 03 TRINIDADS ...... LAS ANIMAS ...... 8071 37 20 01 103 58 07 WALSENBURG ...... HUERFANO ...... 8055 37 39 06 104 54 03 CHEYENNE WELLS ...... CHEYENNE ...... 8017 38 49 00 103 31 20 LIMON/BOYERO ...... LINCOLN ...... 8073 39 15 50 103 41 30 NUCLA ...... MONTROSE ...... 8085 38 29 14 107 54 17 PEONIA ...... DELTA ...... 8029 38 45 06 108 59 10 RANGELY ...... RIO BLANCO ...... 8103 40 08 50 109 59 07 STEAMBOAT SPRINGS ...... ROUTT ...... 8107 40 31 07 106 53 03 WALDEN ...... JACKSON ...... 8057 40 43 54 106 15 59 FLORIDA: NORTH MIAMI ...... DADE ...... 12025 25 33 05 78 54 03 PALMDALE ...... GLADES ...... 12043 26 57 09 81 05 07 SOUTH MIAMI ...... DADE ...... 12025 25 33 05 78 54 03 TAMPA ...... HILLSBOROUGH ...... 12057 40 08 55 104 47 69 GEORGIA: LA GRANGE ...... TROUP ...... 13285 33 02 96 85 01 37 HAWAII: DIAMON HEAD CREATER ...... HONOLULU ...... 15003 21 29 01 157 5901
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State and site name County name FIPS Latitude Longitude
HANALEI ...... KAUAI ...... 15007 22 12 19 159 30 10 KA ANAPALI ...... MAUI ...... 15009 20 47 06 156 19 20 KAHAUA ...... HAWAII ...... 15001 19 35 00 155 58 09 KAILUA-KONA ...... HAWAII ...... 15001 19 35 04 155 30 09 KANEOHE ...... HAWAII ...... 15001 19 35 04 155 30 09 LAHAINA ...... MAUI ...... 15009 20 52 42 156 40 57 N.E. KAUAI ...... KAUAI ...... 15007 22 06 00 159 31 07 IDAHO: BURLEY MT HARRISON ...... CASSIA ...... 016031 42 17 20 113 40 70 ISLAND PARK ...... FREMONT ...... 016043 44 14 70 111 28 80 KELLOGG WALLACE ...... SHOSHONE ...... 016079 47 20 05 115 15 51 SALMON ...... LEMHI ...... 016059 44 55 06 114 02 80 SAND POINT ...... BONNER ...... 016017 48 16 36 116 33 08 SODA SPRINGS ...... ONEIDA ...... 016071 42 15 00 112 26 20 ILLINOIS: LENA ...... STEPHENSON ...... 17177 42 22 85 89 49 31 INDIANA: RICHMOND ...... WAYNE ...... 18177 39 49 44 84 53 25 RICHMOND ...... WAYNE ...... 18177 39 49 44 84 53 25 COAL CITY ...... OWEN ...... 18119 39 17 12 86 45 45 ROCHESTER ...... FULTON ...... 18049 40 45 08 86 45 00 IOWA: MAQUOKETA ...... JOHNSON ...... 19103 42 03 72 90 39 82 WESLEY ...... KOSSUTH ...... 19081 45 05 20 93 59 22 KANSAS: BELVIDERE ...... KIOWA ...... 20097 37 35 09 99 15 00 BURLINGTON ...... COFFEY ...... 20031 38 31 06 95 40 30 DIGHTON COOP ...... LANE ...... 20101 38 31 10 100 30 10 FT SCOTT ...... BOURBON ...... 20011 37 51 00 94 42 09 HILL CITY ...... GRAHAM ...... 20065 39 21 53 99 50 30 KIRWIN LAKE ...... PHILLIPS ...... 20147 39 46 70 99 18 00 LIBERAL ...... SEWARD ...... 20175 37 10 80 100 49 50 LINN ...... LINN COUNTY ...... 20107 38 13 01 94 49 01 MARYSVILLE ...... MARSHALL ...... 20117 39 49 30 96 23 06 NESS CITY ...... NESS ...... 20135 38 27 10 99 54 22 OSBORNE ...... OSBORNE ...... 20141 39 26 20 98 41 40 POMONA ...... FRANKLIN ...... 20059 38 35 45 95 27 12 PRATT ...... PRATT ...... 20097 37 37 10 99 06 22 ZENDA ...... KINGMAN ...... 20095 37 34 00 98 08 30 KENTUCKY: CAMPBELLSVILLE ...... TAYLOR ...... 21217 37 25 43 84 52 33 EKRON ...... MEADE ...... 21163 38 19 54 85 18 48 KELTNER ...... ADAIR ...... 21001 37 32 36 85 6 24 OWENTON ...... OWEN ...... 21184 38 44 36 84 19 42 STEWARTSVILLE ...... GRANT ...... 21081 38 38 00 84 37 00 WASHINGTON ...... MASON ...... 21161 38 36 00 83 48 00 WASHINGTON ...... MASON ...... 21161 38 36 00 83 48 00 WHITESVILLE ...... OHIO ...... 21183 37 31 06 85 59 36 LOUISIANA: BIENVILLE ...... BIENVILLE ...... 22013 BOGALUSA ...... WASHINGTON ...... 22117 30 47 20 89 50 55 DERIDDER ...... BEAUREGARD ...... 22011 30 50 46 93 17 18 FRANKLINTON ...... WASHINGTON ...... 22117 31 2408 881309 LUTCHER ...... ST JAMES ...... 22093 30 32 25 90 41 56 MANY ...... SABINE ...... 22085 31 34 07 93 29 02 NATCHITOCHES ...... NATCHITOCHES ...... 22069 31 50 00 934200 REDDELL ...... EVANGELINE ...... 22039 30 43 60 92 22 30 RUSTON ...... LINCOLN ...... 22061 32 31 23 92 38 16 OAKDALE ...... ALLEN ...... 22003 30 48 59 92 39 39 MAINE: CUTLER ...... WASHINGTON ...... 23029 44 58 08 67 36 36 FRENCHVILLE ...... AROOSTOOK ...... 23003 47 17 07 68 18 41 MILLINOCKET ...... PENOBSCOT ...... 23019 45 31 01 68 38 80 MILO ...... PISCATAQUIS ...... 23021 45 50 33 69 17 42 OXFORD ...... OXFORD ...... 23017 44 07 54 70 29 37 SOMERSET ...... SOMERSET ...... 23025 45 36 26 69 47 53 MARYLAND: FROSTBURG ...... ALLEGANY ...... 24001 39 39 54 78 53 53 SUDLERSVILLE ...... QUEEN ANNE’S ...... 24035 39 10 31 75 55 06 MASSACHUSETTS: ESSEX ...... ESSEC/MIDDLESEX ...... 25017 423751 704621 NANTUCKET ...... NANTUCKET ...... 22019 411700 700500
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State and site name County name FIPS Latitude Longitude
MICHIGAN: BERGLAND ...... ONTONAGON ...... 26131 47 02 90 88 48 90 CROSWELL ...... SANILAC ...... 26151 43 28 00 82 36 80 CRYSTAL FALLS ...... IRON ...... 26071 46 05 53 88 20 02 ESCANABA ...... DELTA ...... 26041 45 44 43 87 03 52 IRONWOOD ...... GPGEBIC ...... 26053 46 27 17 90 10 15 LUDINGTON ...... MASON ...... 26105 44 02 80 86 33 80 NEWBERRY ...... LUCE ...... 26095 46 32 00 85 36 00 PORT AUSTIN ...... HURON ...... 26063 42 02 46 82 59 39 STEUBEN ...... SCHOOLCRAFT ...... 26153 46 19 00 86 13 80 MINNESOTA: BAUDETTE ...... LAKE OF THE WOODS ...... 27077 48 42 44 94 36 00 FERGUS FALLS ...... OTTER TAIL ...... 27111 461026 955455 TWIN VALLEY ...... NORMAN ...... 27107 47 15 36 96 15 32 AITKIN ...... AITKIN ...... 27001 46 39 50 95 33 00 FINLAND ...... LAKE ...... 27075 46 41 50 95 19 09 LAKE BRONSON ...... KITTSON ...... 27069 484408 963945 LAKE SHORE SHELL LAKE ...... CASE ...... 27021 46 24 29 94 21 20 LONE PRAIRIE ...... TODD ...... 27153 64 14 54 94 30 00 ORR ...... ST LOUIS ...... 27137 48 49 54 88 33 36 PINE CITY ...... PINE ...... 27115 45 52 30 92 33 00 RED WING ...... GOODHUE ...... 27049 44 35 24 91 54 12 SILVER LAKE ...... MCLEOD ...... 27085 45 00 42 93 13 12 VIRGINIA ...... ST LOUIS ...... 27137 48 03 30 86 54 24 WINONA ...... MURRAY ...... 27101 44 01 30 96 33 80 MISSISSIPPI: OAK GROVE ...... WEST CARROLL PARISH ...... 28015 36 46 00 91 27 20 MISSOURI: BATES COUNTY ...... BATES ...... 29013 38 15 01 94 21 00 CARROLLTON ...... CARROLL ...... 29033 39 36 50 93 34 20 CASSVILLE ...... BARRY ...... 29009 36 42 90 93 49 20 COLUMBIA ...... BOONE ...... 29019 39 00 30 92 06 24 GAINESVILLE ...... OZARK ...... 29153 36 32 45 92 38 57 JEFFERSON CITY ...... COLE ...... 29051 38 31 90 92 16 30 SALINE ...... MERCER ...... 29129 40 31 37 93 43 40 SHAWNEE MOUND ...... HENRY ...... 29083 382720 934900 MONTANA: BAKER/EKALAKA ...... FALLON ...... 030025 46 21 47 104 16 26 BLAINE ...... BLAINE ...... 030005 48 26 09 108 57 43 BOZEMAN-LIVINGSTON ...... GALLATIN ...... 030031 45 19 45 111 04 50 BROADUS ...... POWER RIVER ...... 030075 45 24 67 105 33 90 CIRCLE ...... MCCONE ...... 030055 47 35 79 107 38 73 CUT BANK ...... GLACIER ...... 030035 48 37 59 112 19 31 DILLON ...... BEAVERHEAD ...... 030001 45 12 59 112 38 12 GLACIER NP ...... GLACIER ...... 030035 48 41 15 113 48 15 JORDAN ...... GARFIELD ...... 30033 47 25 06 107 02 00 LEWISTOWN ...... FERGUS ...... 030027 47 15 00 109 15 48 LIBBY ...... LINCOLN ...... 030053 48 27 20 115 22 11 PHILIPSBURG ...... GRANITE ...... 030039 46 22 58 113 24 57 POPLAR ...... ROOSEVELT ...... 30085 48 16 48 104 58 30 SEELEY LAKE ...... MISSOULA ...... 030063 47 12 56 113 36 45 ST. REGIS/SUPERIOR ...... MINERAL ...... 030061 47 17 58 115 06 06 THOMPSON FALLS ...... SANDERS ...... 030089 47 41 50 115 06 20 NEBRASKA: ALBION ...... BOONE ...... 31011 41 41 27 98 00 12 LEWELLEN ...... GARDEN ...... 31069 41 34 59 102 13 36 MCCOOK ...... RED WILLOW ...... 31145 40 21 34 100 11 23 MERMA ...... CUSTER ...... 31041 41 38 09 101 38 50 MULLEN ...... HOOKER ...... 31091 42 02 23 101 02 32 ORD ...... VALLEY ...... 31175 41 22 38 98 41 31 PERU/FALLS CITY ...... NEMAHA ...... 31127 40 28 27 95 44 00 SHELBY ...... POLK ...... 31143 41 22 04 98 29 70 SHUBERT ...... RICHARDSON ...... 31147 40 04 87 95 23 38 SUPERIOR ...... NUCKOLLS ...... 31129 40 03 35 98 04 69 VALENTINE ...... CHERRY ...... 31031 42 02 23 100 53 29 WEST POINT ...... CUMING ...... 31039 41 55 90 96 38 83 NEVADA: BATTLE MTN ...... LANDER ...... 032015 41 13 51 115 45 01 BEATTY/DEATH VALLEY NP ...... NYE ...... 32023 36 54 31 116 45 30 CALIENTE ...... LINCOLN ...... 032017 37 24 46 114 48 80 GREAT BASIN NP ...... WHITE PINE ...... 32033 38 56 06 114 14 37 HAWTHORNE ...... MINERAL ...... 032021 38 32 31 118 25 41
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State and site name County name FIPS Latitude Longitude
JACKPOT ...... ELKO ...... 032007 41 59 00 114 40 26 LAKE MEAD/LAKE MOJAVE ...... CLARK ...... 032003 35 11 59 114 34 17 LOVELOCK ...... PERSHING ...... 32027 40 27 16 118 22 34 MC GILL ...... WHITE PINE ...... 032033 38 56 06 114 14 37 MCGILL ...... WHITE PINE ...... 32033 39 24 32 114 58 36 PYRAMID LAKE ...... WASHOE ...... 032031 40 22 31 119 45 01 TONOPAH ...... NYE ...... 032023 36 54 31 116 45 30 NEW HAMPSHIRE: HOLDEN HILL ...... COOS ...... 33007 44 56 47 71 20 49 MOOSE MTN ...... GRAFTON ...... 33009 43 42 30 72 09 16 MT WASHINGTON ...... COOS ...... 33007 44 41 05 71 10 19 PACK MODADNOCK MTN ...... HILLSBORO ...... 33011 42 51 40 71 52 45 STRATHAM HILL ...... ROCKINGHAM ...... 33015 43 02 22 70 53 26 TENNEY MTN ...... GRAFTON ...... 33009 43 44 35 47 41 42 NEW JERSEY: HAMBURG MTN ...... SUSSEX ...... 34037 410837 744318 SOUTHARD ...... MONMOUTH ...... 34025 400823 741321 NEW MEXICO: ALAMOGORDO ...... OTERO ...... 35035 32 53 05 105 57 27 ARTESIA ...... EDDY ...... 35015 32 35 01 104 38 84 CROWN POINT ...... MCKINLEY ...... 35031 35 53 97 108 43 36 GRANTS ...... CIBOLA ...... 35006 34 52 34 107 53 25 GUADALUPE MTN NP ...... EDDY ...... 35015 32 27 00 104 20 80 JICARILLA APACHE ...... RIO ARRIBA ...... 35039 36 30 33 106 41 49 LAS VEGAS ...... SAN MIGUEL ...... 35047 36 18 21 115 13 36 SANTA ROSA ...... GUADALUPE ...... 35019 34 56 36 104 40 36 SILVER CITY ...... GRANTS ...... 35017 32 27 28 108 26 54 SOCORRO ...... SOCORRO ...... 35053 34 06 93 106 32 52 TAOS/CHAMA ...... RIO ARRIBA ...... 35039 36 41 50 105 56 11 TRUTH OR CONSEQ...... SIERRA ...... 35051 32 02 60 107 30 10 TUCUMCARI ...... QUAY ...... 35037 35 17 06 103 41 49 NEW YORK: CALL MT ...... STEUBEN ...... 36101 42 17 20 70 20 40 ITHACA ...... TOMPKINS ...... 36109 42 26 00 76 28 00 MT WASHINGTON ...... STEUBEN ...... 36101 421720 702040 NIAGARA ...... NIAGARA ...... 36063 43 10 30 79 05 22 PARISHVILLE ...... ST LAWRENCE ...... 36089 443500 751000 S. ADIRONDACK ...... HAMILTON ...... 36041 44 00 01 74 30 01 SOUTH HILL ...... CHAUTAUQUE ...... 36013 421502 792400 WELLSVILLE ...... ALLEGANY ...... 36003 42 13 71 77 28 10 YATES ...... YATES ...... 36123 42 37 00 77 06 00 NORTH CAROLINA: ANSON ...... WAYNE COUNTY ...... 37191 352200 780001 CHATHAM ...... CHATHAM ...... 37037 35 42 53 79 10 47 GREENVILLE ...... PITT ...... 37147 35 34 00 77 23 00 JEFFERSON ...... ASHE ...... 37009 36 25 00 81 28 00 MACON ...... MACON ...... 37185 36 26 19 78 05 03 POTTERS HILL ...... DUPLIN ...... 37061 34 51 00 77 39 00 RICHMOND ...... RICHMOND ...... 37153 35 03 46 79 46 44 NORTH DAKOTA: BOTTINEAU ...... BOTTINEAU ...... 38009 48 46 20 100 44 07 CAVALIER ...... PEMBINA ...... 38067 49 02 00 98 44 06 GWINNER ...... SARGENT ...... 38081 46 13 33 97 39 44 HETTINGLER ...... ADAMS ...... 38001 46 00 05 102 38 11 KENMARE ...... WARD ...... 38101 48 08 41 101 30 27 LANGDON ...... CAVALIER ...... 38019 48 45 08 99 29 40 NEW TOWN ...... MOUNTRIL ...... 38061 47 28 44 102 48 22 RUGBY ...... PIERCE ...... 38069 48 22 08 99 56 45 SHEYENNE ...... EDDY ...... 38027 47 49 25 99 05 40 STEELE ...... KIDDER ...... 38043 46 20 40 99 35 14 UNDERWOOOD ...... MC LEAN ...... 38055 47 46 46 101 11 03 WISHEK ...... MCINTOSH ...... 38051 39 05 01 83 04 19 OHIO: FINDLAY ...... HANCOCK ...... 39063 41 05 78 83 00 01 OKLAHOMA: BARTLESVILLE ...... WASHINGTON ...... 40147 36 35 31 95 42 07 BROKEN BOW ...... MC CURTAIN ...... 40089 340133 944411 GUYMON ...... TEXAS ...... 40139 36 40 58 101 28 52 MUSKOGEE ...... MUSKOGEE ...... 40101 354452 952210 STILLWATER ...... PANE ...... 40119 36 06 56 97 03 29 WEWOKA ...... SEMINOLE ...... 40133 35 09 31 96 29 93 OREGON:
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State and site name County name FIPS Latitude Longitude
BAKER CITY ...... BAKER ...... 041001 44 43 49 117 39 80 BURNS ...... HARNEY ...... 041025 43 56 63 119 04 39 CAPE BLANCO ...... CURRY ...... 041015 42 26 27 124 12 07 COLUMBIA GORGE ...... WASCO ...... 041065 45 42 35 121 31 19 DIAMOND LAKE AREA ...... KLAMATH ...... 041035 42 49 30 121 56 90 FLORENCE/REEDSPORT ...... LANE ...... 041039 43 58 58 124 05 55 FOSSIL SNOWBOARD RDG ...... WHEELER ...... 041069 44 43 50 120 0440 JOHN DAY FALL MT ...... GRANT ...... 041023 442533 185623 LAKEVIEW ...... LAKE ...... 041037 42 46 94 119 44 26 UKIAH BLACK MT ...... UMATILLA ...... 041059 45 08 06 118 55 97 PENNSYLVANIA: ALTOONA ...... BLAIR ...... 42013 40 50 96 78 41 88 DUTCHMAN HILL ...... POTTER ...... 42105 414502 780008 MEADVILLE ...... CRAWFORD ...... 42039 41 41 01 80 06 27 MT CARMEL ...... NORTHUMBERLAND ...... 42041 40 53 40 76 40 63 PUNXSUTAWNEY ...... JEFFERSON ...... 42065 40 56 32 785817 WAYNE ...... WAYNE ...... 42127 41 39 01 75 18 23 PUERTO RICO: VIEQUES ...... VIEQUES ISLAND ...... 72147 184353 656006 SOUTH CAROLINA: BARNWELL ...... BARNWELL ...... 45011 33 14 41 81 21 32 CHESTERFIELD ...... CHESTERFIELD ...... 45025 34 38 45 795643 GREENWOOD ...... GREENWOOD ...... 45047 34 11 43 820943 ORANGEBURG ...... ORANGEBURG ...... 45075 33 30 01 803190 ROCK HILL ...... YORK ...... 45091 34 15 06 81 15 19 SRN. GEORGETOWN ...... SMITH ...... 45089 34 37 79 82 22 18 UNION ...... UNION ...... 45087 34 43 22 81 37 26 WALHALLA ...... OCONEE ...... 45073 34 45 53 83 03 51 SOUTH DAKOTA: FAITH ...... MEADE ...... 46093 45 02 13 98 46 43 PORCUPINE ...... SHANNON ...... 46113 43 23 75 102 32 12 ROSEBUD IND RES ...... TODD ...... 46121 43 23 19 100 84 98 TRIPP ...... HUTCHINSON ...... 46067 43 13 30 97 57 59 WHITE RIVER ...... MELLETTE ...... 46095 43 34 02 100 44 39 ZIEBACH STANDING ROCK ...... ZIEBACH ...... 46137 44 58 56 1014010 TENNESSEE: BIG SANDY ...... BENTON ...... 47005 36 14 60 88 48 63 BLOUT ...... BLOUNT ...... 47009 35 39 22 85 20 29 CARTHAGE ...... SMITH ...... 47159 36 12 90 85 51 40 ETOWAH ...... MCMINN ...... 47107 32 46 49 93 03 30 LA FOLLETTE ...... CAMPBELL ...... 47013 36 22 58 84 07 12 LOBELVILLE–LINDEN ...... PERRY ...... 47135 35 37 02 87 40 22 MCKENZIE ...... CARROLL ...... 47017 36 14 60 88 38 63 PARSONS ...... WAYNE ...... 47181 35 13 16 87 22 26 POLK ...... POLK ...... 47139 35 28 93 87 26 92 PUTNAM ...... PUTNAM ...... 47141 36 11 09 85 42 58 SAVANNAH ...... HARDIN ...... 47071 35 13 57 88 14 48 SEQUATCHIE ...... SEQUATCHIE ...... 47153 351358 854726 SEWANEE ...... FRANKLIN ...... 47051 35 21 35 85 21 35 TEXAS: SHAMROCK ...... WHEELER ...... 48483 35 12 51 100 14 55 STRATFORD ...... SHERMAN ...... 48421 36 20 10 102 04 18 ALPINE ...... BREWSTER ...... 48043 29 11 10 103 24 45 ARMSTRONG ...... KENEDY ...... 48261 26 49 70 97 42 50 BEEVILLE ...... BEE ...... 48025 28 24 02 97 44 53 BENAVIDES ...... DUVAL ...... 48125 27 35 55 98 24 28 BIG BEND NP ...... BREWSTER ...... 48043 29 11 10 103 24 45 BIG LAKE ...... REAGAN ...... 48383 31 22 30 100 31 00 BRECKENRIDGE ...... STEPHENS ...... 48429 32 45 20 98 54 07 BROWNFIELD ...... TERRY ...... 48445 33 10 52 102 16 26 BROWNWOOD ...... BROWN ...... 48049 314233 985927 CANTON-WILLS ...... VAN ZANDT ...... 48467 32 31 30 95 51 00 CENTER ...... SHELBY ...... 48419 31 25 22 103 29 34 CENTERVILLE ...... LEON ...... 48289 31 23 10 95 56 10 CHILDRESS ...... CHILDRESS ...... 48069 34 25 35 100 12 13 CISCO ...... EASTLAND ...... 48133 32 24 80 98 49 00 CONROE ...... MONTGOMERY ...... 48339 30 14 50 95 27 80 COTULLA ...... LA SALLE ...... 48283 28 26 12 96 14 05 CROCKETTT ...... HOUSTON ...... 48225 33 08 18 96 06 38 CRYSTAL CITY ...... ZAVALA ...... 48507 28 54 30 99 43 08 DALHART ...... DALLAM/HARTLEY ...... 48109 36 06 33 102 51 92 DIMMITT ...... CASTRO ...... 48069 34 33 03 102 18 41
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State and site name County name FIPS Latitude Longitude
EAGLE PASS ...... MAVERICK ...... 48323 28 42 32 100 29 57 EL PASO SPANISH ...... EL PASO ...... 48141 31 46 70 106 09 26 FAIRFIELD ...... FREESTONE ...... 48161 31 43 28 96 09 54 FALFURRIAS ...... BROOKS ...... 48043 27 23 22 98 12 92 FRIONA ...... PARMER ...... 48369 34 38 30 102 43 25 GAINESVILLE ...... COOKE ...... 48075 32 15 31 99 32 21 GEORGE WEST ...... LIVE OAK ...... 48297 282503 981500 GRAHAM ...... YOUNG ...... 48503 3310 49 98 40 32 GREENVILLE ...... HUNT ...... 48231 33 08 18 96 06 38 HASKELL ...... HASKELL ...... 48207 33 09 27 99 44 00 HEBBRONVILLE ...... JIM HOUGH ...... 48247 271823 984041 HEREFORD ...... DEAF SMITH ...... 48117 34 56 20 102 35 09 HICO ...... HAMILTON ...... 48065 31 44 05 98 08 07 HILLSBORO ...... HILL ...... 48217 32 00 39 97 07 47 KINGSVILLE ...... KLEGERG ...... 48273 27 30 56 97 51 21 KIRBYVILLE ...... JASPER ...... 48241 30 43 01 94 09 01 LAMPASAS ...... LAMPASAS ...... 48281 31 03 49 98 10 53 LEAKEY ...... REAL ...... 48385 29 44 59 99 45 53 LIBERTY ...... LIBERTY ...... 48291 30 11 05 94 50 01 MARFAIALPINE ...... PRESIDIO ...... 48377 30 18 28 104 01 07 MENARD ...... MENARD ...... 48327 30 55 03 99 47 10 MINERAL WELLS ...... PALO PINTO ...... 48363 32 48 30 98 06 45 MOUNT PLEASANT ...... TITUS ...... 48449 32 23 49 99 58 17 ORE CITY ...... UPSHUR ...... 48459 32 30 02 94 44 25 PALESTINE ...... ANDERSON ...... 48001 31 48 43 95 37 50 PAMPA ...... GRAY ...... 48179 35 22 85 100 34 87 PECOS ...... REEVES ...... 48389 31 22 00 103 27 50 PERRYTON ...... OCHILTREE ...... 48357 36 24 00 100 48 08 PLAINVIEW ...... HALE ...... 48189 34 11 05 101 42 23 RAYMONDVILLE ...... WILLACY ...... 48489 26 31 20 97 57 30 RIO GRANDE CITY ...... STARR ...... 48427 263609 984410 ROCK SPRINGS ...... EDWARDS ...... 48137 29 57 16 100 05 34 SANDERSON ...... TERRELL ...... 48443 30 08 32 102 23 37 SEMINOLE ...... GAINES ...... 48165 32 31 81 102 34 58 SHEFFIELD ...... PECOS ...... 48371 30 41 70 104 59 06 SIERRA BLANCA ...... HUDSPETH ...... 48229 31 10 28 105 21 24 SONORA ...... SUTTON ...... 48435 30 31 10 100 34 30 SPUR ...... DICKENS ...... 48111 33 28 35 100 51 19 STEPHENVILLE ...... ERATH ...... 48143 32 13 14 98 12 07 SWEETWATER ...... NOLAND ...... 48353 32 16 42 100 14 56 THALIA ...... FOARD ...... 48155 33 55 87 99 43 38 THROCKMORTON ...... THROCKMORTON ...... 48447 33 11 09 99 13 20 TOLEDO BEND ...... NEWTON ...... 48351 30 45 60 93 42 90 UVALDE ...... UVALDE ...... 48463 32 30 02 94 44 25 VAN HORN ...... CULBERTSON ...... 48097 31 03 90 104 27 73 WOODVILLE ...... TYLER ...... 48457 30 46 30 94 24 55 ZAPATA ...... ZAPATA ...... 48505 26 52 17 99 15 19 UTAH: BRYCE CANYON ...... GARFIELD ...... 049017 37 52 40 111 18 50 CAPITOL REEF NP ...... SEVIER ...... 049041 38 45 50 111 54 50 CASTLE DALE ...... EMERY ...... 049015 39 00 09 110 38 90 FLAMING GORGE ...... UINTAH ...... 49047 40 57 02 109 35 09 GREEN RIVER ...... GRAND ...... 49019 39 22 12 107 43 00 GREEN RIVER ...... EMERY ...... 49015 39 06 36 111 09 06 HEBER ...... WASATCH ...... 049051 40 19 58 111 09 32 MOAB ...... GRAND ...... 49019 39 00 30 107 43 00 MONTICELLO ...... SAN JUAN ...... 49037 37 54 54 106 34 12 PRICE ...... CARBON ...... 49007 39 29 12 110 34 00 SEVIER VALLEY ...... SANPETE ...... 049039 39 25 40 111 45 20 ZION NP...... WASHINGTON ...... 049053 37 15 03 112 57 20 VERMONT: RUTLAND ...... RUTLAND ...... 50021 43 34 06 73 04 10 VIRGIN ISLANDS: ST. CROIX ...... ST. CROIX ...... 78010 17 43 08 64 46 30 ST. THOMAS ...... ST. THOMAS ...... 78030 18 21 19 64 56 13 VIRGINIA: ACCOMACK ...... ACCOMACK ...... 51001 374300 754000 BOWLING GREEN ...... CAROLINE ...... 51033 38 03 00 77 21 00 CHARLOTTESVILLE ...... ALBEMARLE ...... 51003 38 01 45 782837 EMPORIA ...... EMPORIA ...... 51595 36 41 09 77 32 34 ROCKBRIDGE ...... ROCKBRIDGE ...... 51163 37 48 54 79 24 73 SAND MTN ...... WYTHE ...... 51197 36 56 90 81 04 00
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NWR SITE LISTING—Continued
State and site name County name FIPS Latitude Longitude
SOUTH BOSTON ...... HALIFAX ...... 51083 36 41 55 78 54 06 SOUTH HILL ...... MECKLENBERG ...... 51117 36 38 30 78 12 90 TAZEWELL ...... TAZEWELL ...... 51185 37 08 00 81 33 00 WISE ...... WISE ...... 51195 37 00 01 82 34 40 WASHINGTON: BLAINE AREA ...... WHATCOM ...... 053073 48 48 40 121 56 70 CHEWELAH PK ...... STEVENS ...... 053065 48 23 49 117 51 10 CLE ELUM ...... KITTITAS ...... 053037 47 08 50 120 37 01 DAYTON ...... GARFIELD ...... 53023 46 50 30 117 38 90 GOLDENDALE ...... KLICKITAT ...... 053039 45 24 80 120 12 80 LAKE CHELAN ...... OKANOGAN ...... 053047 47 50 04 120 00 41 MOSES LAKE/EPHRATA ...... GRANT ...... 053025 47 07 49 119 16 37 MOUNT RANIER(2) ...... PIERCE ...... 053053 46 51 10 121 45 31 NACHES ...... YAKIMA ...... 053077 46 20 90 120 52 50 OLYMPIC NP ...... CLALLAM JEFFERSON ...... 053009 47 58 35 123 41 13 SKAGIT VALLEY ...... SKAGIT WHATCOM ...... 053073 48 48 60 121 56 70 SNOQUALMIE PASS ...... KING ...... 53033 47 26 00 121 48 40 STEVENS PASS ...... KING ...... 053033 47 26 00 121 48 40 WEST VIRGINIA: GREG’S KNOB ...... PRESTON ...... 54077 39 2740 793810 MORGANTOWN ...... MONONGALIA ...... 54061 39 37 46 795722 OLSEN KNOB ...... RANDOLPH ...... 54083 383670 795950 RANDOLPH ...... TUCKER ...... 54093 39 09 60 79 35 30 WISCONSIN: SHELL LAKE ...... WASHBURN ...... 55129 45 50 00 45 50 00 ASHLAND ...... ASHLAND ...... 55003 46 35 33 90 53 01 GILMAN ...... TAYLOR ...... 55119 45 10 00 90 48 27 KENOSHA ...... KENOSHA ...... 55059 42 35 00 87 59 80 MANAWA/OGDENSBURG ...... WAUPACA ...... 55135 44 28 30 89 01 60 OWEN/WITHEE ...... CLARK ...... 55019 44 33 36 90 35 46 RHINELANDER ...... ONEIDA ...... 55085 45 38 12 89 24 43 WAUSAUKEE ...... MARINETTE ...... 55075 452215 875708 WYOMING: GREYBULL ...... BIG HORN ...... 56003 45 04 30 106 01 00 AFTON ...... LINCOLN ...... 56023 42 25 08 110 25 04 GILLETTE ...... CROOK ...... 56011 44 15 48 104 56 59 JACKSON ...... TETON ...... 56039 43 44 04 109 32 05 LUSK ...... NIOBRARA ...... 56027 42 08 10 104 16 58 SUBLETTE ...... SUBLETTE ...... 56035 42 50 01 109 33 00 WORLAND AIRPORT ...... WASHAKIE ...... 56043 43 55 03 107 43 06 YELLOWSTONE NP ...... PARK ...... 56029 44 36 07 109 47 02
[FR Doc. 01–8231 Filed 4–3–01; 8:45 am] ADDRESSES: Direct all written comments procedures for international competitive BILLING CODE 3410–15–U to Madeleine Clayton, Departmental bidding (AC/4–D/2261) require that Paperwork Clearance Officer, (202) 482– each NATO country certify that their 3129, Email [email protected]., respective firms are eligible to bid such DEPARTMENT OF COMMERCE Department of Commerce, Room 6086, contracts. This is done through the 14th & Constitution Avenue, NW., issuance of a ‘‘Declaration of International Trade Administration Washington, DC 20230. Eligibility.’’ The U.S. Department of FOR FURTHER INFORMATION CONTACT: Commerce/ITA is the executive agency NATO International Competitive Requests for additional information or responsible for certifying U.S. firms. Bidding (ICB) Bidders List Application copies of the information collection ITA–4023P is the application form used by USDOC/ITA to collect information ACTION: Proposed collection; comment instrument and instructions should be request. directed to: Alexis Kemper, Office of needed to ascertain the eligibility of a Telecommunications Technologies, U.S. firm. ITA reviews the application SUMMARY: The Department of Room 4323, Department of Commerce, for completeness and accuracy and Commerce, as part of its continuing 14th & Constitution Avenue, NW., determines a company’s eligibility effort to reduce paperwork and Washington, DC 20230; Phone number: based on its financial viability, technical respondent burden, invites the general (202) 482–1512, and fax number: (202) capability, and security clearances with public and other Federal agencies to 482–5834. the Department of Defense. take this opportunity to comment on the SUPPLEMENTARY INFORMATION: II. Method of Collection continuing information collections, as required by the Paperwork Reduction I. Abstract The Department of Commerce Act of 1995, Public Law 104–13 (44 Opportunities to bid for contracts distributes Form ITA–4023P to potential U.S.C. 3506 (c)(2)(A)). under the NATO Security Investment applicants upon request. The applicant DATES: Written comments must be Program (NSIP) are only open to firms completes the form and then forwards it submitted on or before June 4, 2001. of member NATO countries. NSIP to the U.S. Department of Commerce/
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Office of Telecommunications ADDRESSES: The meeting will be held at action during this meeting. Action will Technologies for processing. the Western Pacific Fishery be restricted to those issues specifically Management Council office, 1164 identified in this notice and any issues III. Data Bishop St., Suite 1400, Honolulu, HI arising after publication of this notice OMB Number: 0625–0055. 96813. that require emergency action under Form Number: ITA–4023P. FOR FURTHER INFORMATION CONTACT: section 305(c) of the Magnuson-Stevens Type of Review: Regular submission. Fishery Conservation and Management Affected Public: Business or other for- Kitty M. Simonds, Executive Director; telephone: 808–522–8220. Act, provided the public has been profit. notified of the Council’s intent to take Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: The PPT final action to address the emergency. 60. meeting will discuss and may make Estimated Time per Response: 1 hour. recommendations to the Council on the Special Accommodations Estimated Total Annual Burden following agenda items: This meeting is physically accessible Hours: 60 hours. 1. Pelagic fisheries annual report to people with disabilities. Requests for Estimated Total Annual Cost: $1000. modules. sign language interpretation or other IV. Requested for Comments 2. Pelagic fisheries research. auxiliary aids should be directed to 3. Offshore pelagic handline fishery Kitty M. Simonds, 808–522–8220 Comments are invited on: (a) Whether conflicts around the Main Hawaiian (voice) or 808–522–8226 (fax), at least 5 the proposed collection of information Islands. There are concerns about days prior to meeting date. is necessary for the proper performance unregulated entry into the offshore Dated: March 28, 2001. of the functions of the agency, including pelagic handline fishery based out of whether the information shall have Kona on the island of Hawaii that fishes Richard W. Surdi, practical utility; (b) the accuracy of the on the Cross Seamount and several Acting Director, Office of Sustainable agency’s estimate of the burden NOAA weather buoys. Fishermen Fisheries, National Marine Fisheries Service. (including hours and cost) of the participating in this fishery would like [FR Doc. 01–8295 Filed 4–3–01; 8:45 am] proposed collection of information; (c) to see the implementation of a limited BILLING CODE 3510–22–S ways to enhance the quality, utility, and entry program. Fish aggregating devices clarity of the information to be (FADs) are being deployed in increasing collected; and (d) ways to minimize the numbers by offshore pelagic handline COMMITTEE FOR THE burden of the collection of information fishermen based at Hilo on the island of IMPLEMENTATION OF TEXTILE on respondents, including through the Hawaii. Disputes have arisen from AGREEMENTS use of automated collection techniques fishermen using these ‘‘private’’ FADs. Adjustment of Import Limits for Certain or other forms of information 4. Recreational fisheries projects. Cotton, Man-Made Fiber, Silk Blend technology. 5. Mitigation of turtle interactions in and Other Vegetable Fiber Textile Comments submitted in response to pelagic fisheries, including effects of Products Produced or Manufactured in this notice will be summarized and/or Environmental Impact Statement and the United Arab Emirates included in the request for OMB Section 7 Biological Opinion on approval of this information collection; Western Pacific pelagic fisheries and March 30, 2001. they also will become a matter of public research into turtle mitigation. AGENCY: Committee for the record. 6. Shark management, including Implementation of Textile Agreements Dated: March 30, 2001. maximum sustainable yield for blue (CITA). Madeleine Clayton, sharks, Federal and State of Hawaii ACTION: Issuing a directive to the Departmental Paperwork Clearance Officer, shark finning regulations and revision of Commissioner of Customs reducing Office of the Chief Information Officer. amendment 9 to the Pelagics Fisheries limits. [FR Doc. 01–8266 Filed 4–3–01; 8:45 am] Management Plan concerning BILLING CODE 3510–DR–P management of shark catches. EFFECTIVE DATE: April 9, 2001. 7. Seabird management, including FOR FURTHER INFORMATION CONTACT: Roy modification of Council framework Unger, International Trade Specialist, DEPARTMENT OF COMMERCE measures to implement the terms of the Office of Textiles and Apparel, U.S. November 2000 U.S. Fish and Wildlife Department of Commerce, (202) 482– National Oceanic and Atmospheric Service Section 7 Biological Opinion for 4212. For information on the quota Administration short-tail albatross. status of these limits, refer to the Quota [I.D. 032701B] 8. U.S. Fish and Wildlife Service Status Reports posted on the bulletin Refuges at Kingman Reef and Palmyra. boards of each Customs port, call (202) Western Pacific Fishery Management 9. Re-categorization of Hawaii 927–5850, or refer to the U.S. Customs Council; Public Meeting longline fishery under Marine Mammal website at http://www.customs.gov. For Protection Act. information on embargoes and quota re- AGENCY: National Marine Fisheries 10. Pacific Council’s Highly Migratory openings, refer to the Office of Textiles Service (NMFS), National Oceanic and Species Fishery Management Plan. Atmospheric Administration (NOAA), and Apparel website at http:// 11. Foreign fishing ventures in the otexa.ita.doc.gov. Commerce. Northern Mariana Islands. ACTION: Notice of public meeting. 12. Purse seine fisheries and SUPPLEMENTARY INFORMATION: untethered FADs. Authority: Section 204 of the Agricultural SUMMARY: The Council’s Pelagics Plan 13. Upcoming meetings. Act of 1956, as amended (7 U.S.C. 1854); Team (PPT) members will hold a 14. Other Business as required. Executive Order 11651 of March 3, 1972, as meeting. Although non-emergency issues not amended. DATES: The meeting will be held May 1- contained in this agenda may come The current limits for certain 3, 2001, from 8:30 a.m. to 5 p.m. each before this group for discussion, those categories are being reduced for day. issues may not be the subject of formal carryforward used.
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A description of the textile and Logistics)/Defense Technical satisfaction factors because of its apparel categories in terms of HTS Information Center. anecdotal nature. Because DTIC offers numbers is available in the ACTION: Notice. 23 products and services to CORRELATION: Textile and Apparel approximately 3,700 registered users, no Categories with the Harmonized Tariff In compliance with section cheaper method exists to collect this Schedule of the United States (see 3506(c)(2)(A) of the Paperwork data other than a survey instrument. Federal Register notice 65 FR 82328, Reduction Act of 1995, the Defense These surveys are required to published on December 28, 20001). Also Technical Information Center (DTIC), implement Executive Order 12862, see 65 FR 66974, published on announces the proposed extension of a ‘‘Setting Customer Service Standards.’’ November 8, 2000. currently approved collection and seeks Respondents are DTIC registered users public comment on the provisions who are Department of Defense D. Michael Hutchinson, thereof. Comments are invited on: (a) contractors and potential contractors; Acting Chairman, Committee for the Whether the proposed collection of U.S. Government organizations and Implementation of Textile Agreements. information is necessary for the proper their contractors; and participants in the Committee for the Implementation of Textile performance of the functions of the Small Business Innovation Research/ Agreements agency, including whether the Small Business, Technology Transfer, March 30, 2001. information shall have practical utility; Historically Black Colleges and (b) the accuracy of the agency’s estimate Universities, and University Research Commissioner of Customs, of the burden of the proposed Department of the Treasury, Washington, DC Support programs. 20229. information collection; (c) ways to Affected Public: Business or Other enhance the quality, utility, and clarity Dear Commissioner: This directive For-Profit; Not-For Profit Institutions. amends, but does not cancel, the directive of the information to be collected; and Number of Annual Respondents: issued to you on November 2, 2000, by the (d) ways to minimize the burden of the 1,383. Chairman, Committee for the Implementation information collection on respondents, Annual Responses To Respondent: 2. of Textile Agreements. That directive including through the use of automated Annual Responses: 2,766. concerns imports of certain cotton, man– collection techniques or other forms of Average Burden per Response: 10 made fiber, silk blend and other vegetable information technology. Minutes. fiber textile products, produced or DATES: Consideration will be given to all Annual Burden Hours: 474. Frequency: On occasion. manufactured in the United Arab Emirates comments received by June 4, 2001. and exported during the twelve-month SUPPLEMENTARY INFORMATION: period which began on January 1, 2001 and ADDRESSES: Interested parties should extends through December 31, 2001. submit written comments and Summary of Information Collection Effective on April 9, 2001, you are directed recommendations on the proposed Respondents are registered DTIC users to reduce the limits for the following information collection to: Defense who provide valuable usage and categories, as provided for under the Uruguay Technical Information Center, ATTN: satisfaction data for products, services Round Agreement on Textiles and Clothing: DTIC–B, 8725 John J. Kingman Road, and customer care. The data collected is Suite 0944, Fort Belvoir, VA 22060– critical to enhancing the utility and Category Adjusted twelve-month limit 1 6218; E-mail comments submitted via quality of existing products and services the Internet should be addressed to: and improving the delivery of customer 335/635/835 ...... 216,596 dozen. [email protected]. care. If the data is not collected, senior 351/651 ...... 241,896 dozen. FOR FURTHER INFORMATION CONTACT: To agency managers will not have the 638/639 ...... 315,517 dozen. request further information on this information necessary to develop, 647/648 ...... 452,241 dozen proposed information collection, or to enhance and or reengineer products, 1 The limits have not been adjusted to ac- obtain a copy of the proposal and services, and processes from the count for any imports exported after December associated collection instrument, please customer’s perspective. 31, 2000. write to the above address or call Mr. Dated: March 28, 2001. The Committee for the Implementation of Rex Ridenhower at (703) 767–8210. Patricia L. Toppings, Textile Agreements has determined that Title, Associated Form, and OMB these actions fall within the foreign affairs Alternate OSD Federal Register Liaison Number: Customer Satisfaction Survey, Officer, Department of Defense. exception to the rulemaking provisions of 5 Generic Clearance, OMB Control [FR Doc. 01–8203 Filed 4–3–01; 8:45 am] U.S.C. 553(a)(1). Number 0704–0403. Sincerely, Needs and Uses: The information BILLING CODE 5001–10–M D. Michael Hutchinson, collection is necessary to provide the Acting Chairman, Committee for the Defense Technical Information Center DEPARTMENT OF DEFENSE Implementation of Textile Agreements. (DTIC) with satisfaction data about the [FR Doc.01–8287 Filed 4–3–01; 8:45 am] timeliness, use, and quality of its GENERAL SERVICES BILLING CODE 3510–DR–F products and services in order to ADMINISTRATION establish a customer satisfaction baseline; assist in determining NATIONAL AERONAUTICS AND appropriate modifications to current SPACE ADMINISTRATION DEPARTMENT OF DEFENSE products and services; and contribute to DTIC’s product development efforts. It [OMB Control No. 9000–0014] Office of the Secretary will allow DTIC to compile customer Submission for OMB Review; Proposed Collection; Comment data which does not currently exist. Comment Request entitled Statement Request Information gathered from and Acknowledgment (Standard Form discussions with customers is 1413) AGENCY: Department of Defense, Office maintained in various nondigital of the Under Secretary of Defense formats but is not considered to be AGENCIES: Department of Defense (DOD), (Acquisition, Technology, and quantifiable in terms of customer General Services Administration (GSA),
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and National Aeronautics and Space Responses Per Respondent: 2. collected; and ways in which we can Administration (NASA). Total Responses: 63,000. minimize the burden of the collection of ACTION: Notice of request for public Hours Per Response: .05. information on those who are to comments regarding an extension of an Total Burden Hours: 3,150. respond, through the use of appropriate existing OMB clearance (9000–0014). Obtaining Copies of Proposals technological collection techniques or other forms of information technology. Requester may obtain a copy of the SUMMARY: Under the provisions of the DATES: Comments may be submitted on Paperwork Reduction Act of 1995 (44 proposal from the General Services Administration, FAR Secretariat (MVP), or before May 4, 2001. U.S.C. Chapter 35), the Federal ADDRESSES: Comments including Acquisition Regulation (FAR) 1800 F Street, NW, Room 4035, Washington, DC 20405, telephone (202) suggestions for reducing this burden Secretariat has submitted to the Office should be submitted to: FAR Desk of Management and Budget (OMB) a 208–7312. Please cite OMB Control No. 9000–0014, Statement and Officer, OMB, Room 10102, NEOB, request to review and approve an Washington, DC 20503, and a copy to extension of a currently approved Acknowledgment, Standard Form 1413, in all correspondence. the General Services Administration, information collection requirement FAR Secretariat (MVP), 1800 F Street, concerning Statement and Dated: March 30, 2001. NW, Room 4035, Washington, DC Acknowledgment (Standard Form Gloria Sochon, 20405. 1413). A request for public comments Acting Director, Acquisition Policy Division. was published at 66 FR 2888, January FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–8297 Filed 4–3–01; 8:45 am] Linda Nelson, Acquisition Policy 12, 2001. No comments were received. BILLING CODE 6820–34–U Public comments are particularly Division, GSA (202) 501–1900. invited on: Whether this collection of SUPPLEMENTARY INFORMATION: information is necessary for the proper DEPARTMENT OF DEFENSE A. Purpose performance of functions of the FAR, and whether it will have practical GENERAL SERVICES 48 CFR 22.1103 requires that all utility; whether our estimate of the ADMINISTRATION professional employees shall be public burden of this collection of compensated fairly and properly. information is accurate, and based on NATIONAL AERONAUTICS AND Accordingly, a total compensation plan valid assumptions and methodology; SPACE ADMINISTRATION setting forth proposed salaries and fringe benefits for professional ways to enhance the quality, utility, and [OMB Control No. 9000–0066] clarity of the information to be employees with supporting data must be submitted to the contracting officer for collected; and ways in which we can Submission for OMB Review; evaluation. minimize the burden of the collection of Comment Request Entitled information on those who are to Professional Employee Compensation B. Annual Reporting Burden respond, through the use of appropriate Plan Respondents: 6,193. technological collection techniques or Responses Per Respondent: 1. other forms of information technology. AGENCIES: Department of Defense (DOD), General Services Administration (GSA), Total Responses: 6,193. DATES: Comments may be submitted on Hours Per Response: .5. and National Aeronautics and Space or before May 4, 2001. Total Burden Hours: 3,097. Administration (NASA). FOR FURTHER INFORMATION CONTACT: ACTION: Notice of request for public Obtaining Copies of Proposals Linda Nelson, Acquisition Policy comments regarding a revision to an Division, GSA (202) 501–1900. Requester may obtain a copy of the existing OMB clearance (9000–0066). proposal from the General Services ADDRESSES: Comments regarding this Administration, FAR Secretariat (MVP), burden estimate or any other aspect of SUMMARY: Under the provisions of the Room 4035, 1800 F Street, Washington, this collection of information, including Paperwork Reduction Act of 1995 (44 DC 20405, telephone (202) 208–7312. suggestions for reducing this burden, U.S.C. Chapter 35), the Federal Please cite OMB Control No. 9000–0066, should be submitted to: FAR Desk Acquisition Regulation (FAR) Professional Compensation Plan, in all Officer, OMB, Room 10102, NEOB, Secretariat has submitted to the Office correspondence. Washington, DC 20503, and a copy to of Management and Budget (OMB) a the General Services Administration, request to review and approve a revision Dated: March 30, 2001. FAR Secretariat, 1800 F Street, NW, of a currently approved information Al Matera, Room 4035, Washington, DC 20405. collection requirement concerning Director, Acquisition Policy Division. SUPPLEMENTARY INFORMATION: Professional Employee Compensation [FR Doc. 01–8298 Filed 4–3–01; 8:45 am] Plan. A request for public comments BILLING CODE 6820–34–M A. Purpose was published at 65 FR 75926, Standard Form 1413, Statement and December 5, 2000. No comments were Acknowledgment, is used by all received. DEPARTMENT OF DEFENSE Executive Agencies, including the Public comments are particularly Department of Defense, to obtain a invited on: Whether this collection of Department of the Air Force information is necessary for the proper statement from contractors that the HQ USAF Scientific Advisory Board performance of functions of the FAR, proper clauses have been included in Meeting subcontracts. The form includes a and whether it will have practical signed contractor acknowledgment of utility; whether our estimate of the The Sensor for Hard and Deep Targets the inclusion of those clause in the public burden of this collection of Panel meeting will meet in Boston, MA subcontract. information is accurate, and based on on April 9–10, 2001 from 8 a.m. to 5 valid assumptions and methodology; p.m. B. Annual Reporting Burden ways to enhance the quality, utility, and The purpose of the meeting is to Respondents: 31,500. clarity of the information to be receive briefings and discuss the
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direction of the study. The meeting will DEPARTMENT OF ENERGY requirements of FERC–525 ‘‘Financial be closed to the public in accordance Audits’’ (OMB No. 1902–0092) is used with section 552b(c) of Title 5, United Federal Energy Regulatory by the Commission to implement the States Code, specifically subparagraphs Commission statutory provisions of sections 4(b), (1) and (4) thereof. [Docket No. IC01–525–000, FERC 525] 301(b), 302, 307 and 308 of the Federal For further information, contact the Power Act (FPA), 16 U.S.C. 792–8280, HQ USAF Scientific Advisory Board Proposed Information Collection and sections 6, 8(b), 9 and 10 of the Natural Secretariat at (703) 697–8404. Request for Comments Gas Act (NGA), and sections 19 and 20 of the Interstate Commerce Act, 49 Janet A. Long, March 29, 2001. U.S.C. 20. FERC–525 involves field AGENCY: Federal Energy Regulatory audits of books and records of public Air Force Federal Register Liaison Officer. Commission, DOE. [FR Doc. 01–8195 Filed 4–3–01; 8:45 am] utilities and licenses, natural gas ACTION: Notice of proposed information companies and oil pipeline carriers. BILLING CODE 5001–05–U collection and request for comments. The Commission performs limited SUMMARY: In compliance with the scope industry-wide audits to identify DEPARTMENT OF DEFENSE requirements of Section 3506(c)(2)(2)(a) systematic problems and ensure that of the Paperwork Reduction Act of 1995 companies’ financial records conform Department of the Air Force (Pub. L. No. 104–13), the Federal Energy with the Commission’s accounting, Regulatory Commission (Commission) is financial reporting, and other HQ USAF Scientific Advisory Board soliciting public comment on the regulations established under the Meeting specific aspects of the information mandatory provisions of the statutes collection described below. listed above. The Urban Targets Panel meeting will DATES: Consideration will be given to The Commission issued Order Nos. meet in Washington, D.C. on April 9–10, comments submitted on or before June 636, 888 and 2000 for the purpose of 2001 from 8:00 a.m. to 5:00 p.m. 4, 2001. restructuring the natural gas and electric The purpose of the meeting is to ADDRESSES: Copies of the proposed industries in order to foster competition. receive briefings and discuss the collection of information can be The Commission also targets its audits direction of the study. The meeting will obtained from and written comments to concentrate on judicial companies be closed to the public in accordance may be submitted to the Federal Energy compliance with these orders. The with section 552b(c) of Title 5, United Regulatory Commission, Attn: Michael Commission implements these filing States Code, specifically subparagraphs Miller, Office of the Chief Information requirements in the Code of Federal (1) and (4) thereof. Officer, CI–1, 888 First Street, NE., Regulations (CFR) under 18 CFR parts For further information, contact the Washington, DC 20426. 41, 101, 104, 125, 141, 158, 201, 225, HQ USAF Scientific Advisory Board FOR FURTHER INFORMATION CONTACT: 260, 351, 352, 356, 357. Secretariat at (703) 697–8404. Michael Miller may be reached by Action: The Commission is requesting telephone at (202) 208–1415, by fax at a three-year extension of the current Janet A. Long, (202) 208–2425, and by e-mail at expiration date. Air Force Federal Register Liaison Officer. [email protected] Burden Statement: Public Reporting [FR Doc. 01–8196 Filed 4–3–01; 8:45 am] SUPPLEMENTARY INFORMATION: The burden for this collection is estimated BILLING CODE 5001–05–U information collected under the as:
Average burden hours per No. of respondents annually No. of responses per respondent response Total annual burden hours
(1) (2) (3) (1)×(2)×(3)
50 1 100 5,000
Estimated cost burden to respondents: (5) searching data sources; (6) Comments are invited on: (1) Whether 5,000 hours divided by 2080 hours per completing and reviewing the collection the proposed collection of information year times $117,041 per year equals of information; and (7) transmitting, or is necessary for the proper performance $281,349. The cost per respondent is otherwise disclosing the information. of the functions of the Commission, equal to $5,627. The reporting burden including whether the information will The estimate of cost for respondents includes the total time, effort, or have practical utility; (2) the accuracy of is based upon salaries for professional financial resources expended to the Commission’s estimate of the generate, maintain, retain, disclose, or and clerical support, as well as direct burden of the proposed collection of provide the information including: (1) and indirect overhead costs. Direct costs information, including the validity of Reviewing instructions; (2) developing, include all costs directly attributable to the methodology and assumptions used; acquiring, installing, and utilizing providing this information, such as (3) ways to enhance the quality, utility technology and systems for the purposes administrative costs and the cost for and clarity of the information to be of collecting, validating verifying, information technology. Indirect or collected; and (4) ways to minimize the processing, maintaining, disclosing and overhead costs are costs incurred by an burden of the collection of information providing information; (3) adjusting the organization in support of its mission. on those who are to respond, including existing ways to comply with any These coats apply to activities which the use of appropriate automated, previously applicable instructions and benefit the whole organization rather electronic, mechanical, or other requirements; (4) training personnel to than any one particular function or technological collection techniques or respond to a collection of information; activity. other forms of information technology
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e.g. permitting electronic submission of DEPARTMENT OF ENERGY Commission’s web site at http:// responses. www.ferc.fed.us/efi/doorbell.htm. Federal Energy Regulatory David P. Boergers, Commission David P. Boergers, Secretary. Secretary. [FR Doc. 01–8219 Filed 4–3–01; 8:45 am] [Docket No. EL01–61–000] [FR Doc. 01–8218 Filed 4–3–01; 8:45 am] BILLING CODE 6717–01–M BILLING CODE 6717–01–M Idaho Power Company, Complainant, DEPARTMENT OF ENERGY v. PacifiCorp Respondent; Notice of Complaint DEPARTMENT OF ENERGY Federal Energy Regulatory March 29, 2001. Federal Energy Regulatory Commission Commission Take notice that on March 28, 2001, [Docket No. RP01–279–000] Idaho Power Corporation (Idaho Power) filed with the Federal Energy Regulatory [Docket No. EC01–77–000] ANR Pipeline Company; Notice of Commission a Complaint against Interstate Power Company; Notice of Proposed Changes in FERC Gas Tariff PacifiCorp pursuant section 206 of the Filing Federal Power Act and rule 206 of the March 29, 2001. Commission’s Rules of Practice and March 29, 2001. Take notice that on March 27, 2001, Procedure, 18 CFR 385.206. According Take notice that on March 27, 2001, ANR Pipeline Company (ANR) tendered to the Complaint, PacifiCorp wrongfully Interstate Power Company (IPC) filed an for filing, as part of its FERC Gas Tariff, denied a request for firm point-to-point Second Revised Volume No. 1, the Amendment to its Application for transmission service made by Idaho Seventh Revised Sheet No. 45E.01 to be Authority to Sell Certain Public Utility Power under PacifiCorp’s Open Access effective May 1, 2001. Assets pursuant to Section 203 of the Transmission Tariff (OATT) for which ANR states that the purpose of this Federal Power Act. IPC provides Idaho Power had reservation priority on filing is to designate in its tariff a new additional support in the amendment Pacificorp’s transmission request queue. point eligible for service under its why its proposed sale of assets will not existing Rate Schedule IPLS. Copies of the filing were served via adversely affect competition, rates or ANR states that copies of the filing facsimile upon PacifiCorp and Powerex. regulation. IPC also submits updated have been mailed to all affected Questions concerning the Complaint Exhibits B, E and I to the original customers and state regulatory may be directed to counsel for application. commissions. Complainant, Viet H. Ngo, Steptoe & Any person desiring to be heard or to Any person desiring to be heard or to Johnson LLP, 1330 Connecticut Avenue, protest such filing should file a motion protest said filing should file a motion NW., Washington DC 20036, Ph. 202– to intervene or protest with the Federal to intervene or a protest with the 429–8123, Fax 202–429–3902, E-mail Energy Regulatory Commission, 888 Federal Energy Regulatory Commission, [email protected]. First Street, NE., Washington, DC 20426, 888 First Street, NE., Washington, DC Any person desiring to be heard or to 20426, in accordance with sections in accordance with Rules 211 and 214 protest this filing should file a motion 385.214 or 385.211 of the Commission’s of the Commission’s Rules of Practice to intervene or protest with the Federal Rules and Regulations. All such motions and Procedure (18 CFR 385.211 and or protests must be filed in accordance Energy Regulatory Commission, 888 385.214). All such motions and protests with section 154.210 of the First Street, NE., Washington, DC 20426, should be filed on or before April 9, Commission’s Regulations. Protests will in accordance with Rules 211 and 214 2001. Protests will be considered by the be considered by the Commission in of the Commission’s Rules of Practice Commission to determine the determining the appropriate action to be and Procedure (18 CFR 385.211 and appropriate action to be taken, but will taken, but will not serve to make 385.214). All such motions or protests not serve to make protestants parties to protestants parties to the proceedings. must be filed on or before April 6, 2001. the proceedings. Any person wishing to Any person wishing to become a party Protests will be considered by the become a party must file a motion to must file a motion to intervene. Copies Commission in determining the intervene. Copies of this filing are on of this filing are on file with the appropriate action to be taken, but will file with the Commission and are Commission and are available for public not serve to make protestants parties to available for public inspection. This inspection in the Public Reference the proceeding. Any person wishing to filing may also be viewed on the Room. This filing may be viewed on the become a party must file a motion to Internet at http://www.ferc.fed.us/ web at http://www.ferc.fed.us/online/ intervene. Copies of this filing are on online/rims.htm (call 202–208–2222 for rims.htm (call 202–208–2222 for file with the Commission and are assistance). Comments, protests and assistance). Comments, protests, and available for public inspection in the interventions may be filed electronically interventions may be filed electronically Public Reference room. This filing may via the internet in lieu of paper. See, 18 via the internet in lieu of paper. See, 18 also be viewed on the Internet at http:/ CFR 385.2001(a)(1)(iii) and the CFR 385.2001(a)(1)(iii) and the /www.ferc.fed.us/online/rims.htm (call instructions on the Commission’s web instructions on the Commission’s web 202–208–2222) for assistance. Answers site at http://www.ferc.fed.us/efi/ site at http://www.ferc.fed.us/efi/ to the complaint shall also be due on or doorbell.htm. doorbell.htm. before April 6, 2001. Comments, David P. Boergers, protests and interventions may be filed David P. Boergers, Secretary. electronically via the internet in lieu of Secretary. [FR Doc. 01–8254 Filed 4–3–01; 8:45 am] paper. See, 18 CFR 385.2001(a)(1)(iii) [FR Doc. 01–8260 Filed 4–3–01; 8:45 am] BILLING CODE 6717–01–M and the instructions on the BILLING CODE 6717–01–M
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY taken, but will not serve to make protestants parties to the proceedings. Federal Energy Regulatory Federal Energy Regulatory Any person wishing to become a party Commission Commission must file a motion to intervene. Copies [Docket No. RP01–276–000] [Docket No. RP01–278–000] of this filing are on file with the Commission and are available for public Natural Gas Pipeline Company of Texas Gas Transmission Corporation; inspection in the Public Reference America; Notice of Termination of Notice of Proposed Changes in FERC Room. This filing may be viewed on the Gathering Service Gas Tariff web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for March 28, 2001. March 29, 2001. assistance). Comments, protests, and Take notice that on March 22, 2001, Take notice that on March 22, 2001, interventions may be filed electronically Natural Gas Pipeline Company of Texas Gas Transmission Corporation via the internet in lieu of paper. See, 18 America (Natural), tendered for filing in (Texas Gas) tendered for filing as part of CFR 385.2001(a)(1)(iii) and the Docket No. RP01–276–000 a request its FERC Gas Tariff, First Revised instructions on the Commission’s web pursuant to section 4 of the Natural Gas Volume No. 1, the following tariff sheets site at http://www.ferc.fed.us/efi/ Act, 15 U.S.C. 717c, and the Federal to become effective April 1, 2001: doorbell.htm. Energy Regulatory Commission’s (Commission) policy set forth in its Second Revised Sheet No. 180 David P. Boergers, Second Revised Sheet No. 181 Secretary. order on rehearing in Arkla Gathering Second Revised Sheet No. 182 Services Company, 69 FRC ¶61,280 Second Revised Sheet No. 183 [FR Doc. 01–8258 Filed 4–3–01; 8:45 am] (1994) for authorization to terminate BILLING CODE 6717–01–M services through prevoiusly certificated Sheet No. 185 and uncertificated gathering facilities Also attached is a pro forma tariff located in Eddy County, New Mexico sheet, Pro Forma Second Revised Sheet DEPARTMENT OF ENERGY (North Indians Hills and Box Draw Area No. 184, which is being filed for Facilities) effective April 23, 2001. informational purposes only. Federal Energy Regulatory Natural intends to sell these facilities to Texas Gas states that the filing serves Commission two purposes. First, it makes changes to Fasken Oil and Ranch, Ltd. [Docket No. RP00–626–002] Natural states that copies of the filing Texas Gas’ tariff to prospectively have been mailed to the customers eliminate gaming based on price arbitrage from the imbalance resolution Transwestern Pipeline Company; which are currently receiving service Notice of Compliance Filing via the North Indian Hills and Box Draw provisions of its tariff. These tariff Facilities and interested state changes are found in subsections (b) March 29, 2001. commissions. through (g) and (i) through (l) of Section Take notice that on March 26, 2001, Any person desiring to be heard or to 17.3 Resolution of Monthly Transwestern Pipeline Company protest said filing should file a motion Transportation Imbalance of the General (Transwestern), tendered for filing as to intervene or a protest with the Terms and Conditions (GTC) of Texas part of its FERC Gas Tariff, Second Federal Energy Regulatory Commission, Gas’ tariff as shown on proposed Second Revised Volume No. 1, the following 888 First Street, NE., Washington, DC Revised Sheet Nos. 180, 181, 182, and tariff sheet proposed to be effective 20426, in accordance with sections 183. Second, this filing puts parties on January 1, 2001: notice of the need to make further 385.214 or 385.211 of the Commission’s Substitute Original No. Sheet No. 99 Rules and Regulations. All such motions changes to Texas Gas’ tariff to address or protests must be filed on or before the historical imbalance under-recovery Transwestern states that this filing is April 4, 2001. Protests will be that has resulted from the current in compliance with the Commission’s considerred by the Commission in imbalance tariff resolution provisions. March 14, 2001 Order whereby determining the appropriate action to be This notice is provided in the form of Transwestern was directed to either file taken, but will not serve to make a pro forma tariff sheet, Pro Forma an explanation justifying the alleged protestants parties to the proceedings. Second Revised Sheet No. 184, application of transportation and fuel Any pereson wishing to become a party outlining potential tariff changes in charges to the netting and trading of must file a motion to intervene. Copies subsections (n) and (p) of GTC Section imbalances, or eliminate such language of this filing are on file with the 17.3. from the proposed tariff. Commission and are available for public Texas Gas states that copies of the Transwestern further states that inspection in the Public Reference revised tariff sheets are being mailed to copies of the filing have been mailed to Room. This filing may be viewed on the Texas Gas’ jurisdictional customers and each of its customers and interested web at http://www.ferc.fed.us/online/ interested state commissions. State Commissions. rims.htm (call 202–208–2222 for Any person desiring to be heard or to Any person desiring to protest said assistance). Comments protests, and protest said filing should file a motion filing should file a protest with the interventions may be filed e to intervene or a protest with the Federal Energy Regulatory Commission, electronically via the internet in lieu of Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC paper. See, 18 CFR 385.2001(a)(1)(iii) 888 First Street, NE., Washington, DC 20426, in accordance with section and the inspections on the 20426, in accordance with sections 385.211 of the Commission’s Rules and Commission’s web site http:// 385.214 or 385.211 of the Commission’s Regulations. All such protests must be www.ferc.fed.us/efi/doorbell.htm. Rules and Regulations. All such motions filed in accordance with section 154.210 or protests must be filed in accordance of the Commission’s Regulations. Linwood A. Watson, Jr., with section 154.210 of the Protests will be considered by the Acting Secretary. Commission’s Regulations. Protests will Commission in determining the [FR Doc. 01–8251 Filed 4–3–01; 8:45 am] be considered by the Commission in appropriate action to be taken, but will BILLING CODE 6717–01–M determining the appropriate action to be not serve to make protestants parties to
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the proceedings. Copies of this filing are Regulations. All such protests must be Regulations. All such protests must be on file with the Commission and are filed in accordance with section 154.210 filed in accordance with section 154.210 available for public inspection in the of the Commission’s Regulations. of the Commission’s Regulations. Public Reference Room. This filing may Protests will be considered by the Protests will be considered by the be viewed on the web at http:// Commission in determining the Commission in determining the www.ferc.fed.us/online/rims.htm (call appropriate action to be taken, but will appropriate action to be taken, but will 202–208–2222 for assistance). not serve to make protestants parties to not serve to make protestants parties to Comments, protests and interventions the proceedings. Copies of this filing are the proceedings. Copies of this filing are may be filed electronically via the on file with the Commission and are on file with the Commission and are internet in lieu of paper. See, 18 CFR available for public inspection in the available for public inspection in the Public Reference Room. This filing may 385.2001(a)(1)(iii) and the instructions Public Reference Room. This filing may be viewed on the web at http:// of the Commission’s web site at http:// be viewed on the web at http:// www.ferc.fed.us/efi/doorbell.htm. www.ferc.fed.us/online/rims.htm (call 202–208–2222 for assistance). www.ferc.fed.us/online/rims.htm (call David P. Boergers, Comments, protests and interventions 202–208–2222 for assistance). Secretary. may be filed electronically via the Comments, protests and interventions [FR Doc. 01–8255 Filed 4–3–01; 8:45 am] internet in lieu of paper. See, 18 CFR may be filed electronically via the BILLING CODE 6717–01–M 385.2001(a)(1)(iii) and the instructions internet in lieu of paper. See, 18 CFR on the Commission’s web site at http:/ 385.2001(a)(1)(iii) and the instructions /www.ferc.fed.us/efi/doorbell.htm. on the Commission’s web site at http:/ DEPARTMENT OF ENERGY /www.ferc.fed.us/efi/doorbell.htm. David P. Boergers, Federal Energy Regulatory Secretary. David P. Boergers, Commission [FR Doc. 01–8256 Filed 4–3–01; 8:45 am] Secretary. [Docket No. RP01–254–001] BILLING CODE 6717–01–M [FR Doc. 01–8257 Filed 4–3–01; 8:45 am] BILLING CODE 6717–01–M Viking Gas Transmission Company; Notice of Filing DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY March 29, 2001. Federal Energy Regulatory Take notice that on March 26, 2001, Commission Federal Energy Regulatory Viking Gas Transmission Company [Docket No. RP01–247–001] Commission (Viking) tendered for filing as part of its FERC Gas Tariff, First Revised Volume Viking Gas Transmission Company; [Docket No. ER01–171–003, et al.] No. 1, Substitute Eighth Revised Sheet Notice of Errata Filing No. 6B to become effective April 1, March 29, 2001. Consumers Energy Company, et al.; 2001. Viking states that the filing is Electric Rate and Corporate Regulation being submitted as corrections to its Take notice that on March 26, 2001, Filings March 1, 2001 filing in Docket No. Viking Gas Transmission Company (Viking) filed to withdraw its March 1, RP01–254–000. March 28, 2001. Viking states that the purpose of this 2001 filing in Docket No. RP01–247–000 filing is to correct an error made with and submitted a corrected filing in its Take notice that the following filings respect to Viking’s Fuel and Loss place. According, Viking tendered for have been made with the Commission: filing as part of its FERC Gas Tariff, First Retention Percentages (FLRP) that were 1. Consumers Energy Company CMS filed in Docket No. RP01–247–000 as Revised Volume No. 1 the following tariff sheets to become effective April 1, Marketing, Services and Trading Seventh Revised Sheet No. 6B and Company consequently incorporated on Eighth 2001: Revised Sheet No. 6B. Twenty-Fourth Revised Sheet No. 6 [Docket Nos. ER01–171–003] Contemporaneous with this filing, Seventeenth Revised Sheet No. 6A Substitute Seventh Revised Sheet No. 6B Take notice that on March 23, 2001, Viking is filing in Docket No. RP01– Consumers Energy Company (CECo) and 247–000 to correct the mistakes on Viking states that the corrected Fuel CMS Marketing, Services and Trading Seventh Revised Sheet No. 6B. Viking and Loss Retention Percentages for Rate Company (CMS MST), tendered for further states that it is making no change Schedules FT–A, FT–B, FT–C, FT–D, IT filing amendments to CECo’s contracts to the annual adjustment to its Load and AOT are respectively: 1.67 percent with its ten wholesale requirements Management Cost Reconciliation for Zone 1–1, 2.03 percent for Zone 1– customers and provided copies of Adjustment that Viking filed in Docket 2, and .38 percent for Zone 2–2. The No. RP01–254–000 on March 1, 2001. corrected unaccounted for loss is 0.01 amendments to CECo’s non- Viking states that copies of the filing percent. jurisdictional contracts with three of its have been mailed to all persons listed Viking states that copies of the filing special contracts customers in on the official service list of this have been mailed to all persons on the compliance with the Commission’s proceeding and to all of Viking’s official service list of this proceeding, to February 22, 2001 Order Conditionally jurisdictional customers and to affected all its jurisdictional customers and to Accepting For Filing Service Agreement state regulatory commissions. affected state regulatory commissions. And Revised Market-Based Rate Tariff Any person desiring to protest said Any person desiring to protest said And Code Of Conduct. filing should file a protest with the filing should file a protest with the Comment date: April 13, 2001, in Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, accordance with Standard Paragraph E 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC at the end of this notice. 20426, in accordance with section 20426, in accordance with section 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and
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2. Pacific Gas and Electric Company with Axia Energy, LP for Non-Firm Americas Energy Marketing, LP [Docket Nos. OA96–28–000, OA96–28–001, Transmission Service under Duke’s (Mirant), MRT service agreement no. 10 OA96–28–005, ER95–980–002, and OA97– Open Access Transmission Tariff. and CST service agreement no. 90 with 619–002] Duke requests that the proposed Amoco Energy be changed to BP Energy Take notice that on March 23, 2001, Service Agreement be permitted to Company (BP), MRT service agreement Pacific Gas and Electric Company become effective on March 8, 2001. no. 36 with NewEnergy, Inc. be changed (PG&E) tendered for filing its Refund Duke states that this filing is in to AES NewEnergy, Inc. (AES), MRT Compliance Report in accordance with accordance with Part 35 of the service agreement no. 9 and CST service the Commission’s February 7, 2001 Commission’s Regulations a copy has agreement no. 38 with Aquila Power Order in the above-captioned been served on the North Carolina Corporation be changed to Aquila Energy Marketing Corporation (Aquila). proceeding. Utilities Commission. Wisconsin Electric requests waiver of Copies of this filing have been served Comment date: April 12, 2001, in any applicable regulation to allow for upon the California Public Utilities accordance with Standard Paragraph E the effective date as requested above. Commission and the Bay Area Rapid at the end of this notice. Copies of the filing have been served on Transit District and Minnesota Methane. 6. Baltimore Gas and Electric Company Mirant, BP, AES, Aquila, the Michigan Comment date: April 13, 2001, in Public Service Commission, and the accordance with Standard Paragraph E [Docket No. ER01–1606–000] Public Service Commission of at the end of this notice. Take notice that on March 23, 2001, tendered for filing is hereby given that Wisconsin. 3. California Independent System effective April 1, 2001, FERC Electric Comment date: April 13, 2001, in Operator Corporation Tariff, Original Volume No. 3, effective accordance with Standard Paragraph E at the end of this notice. [Docket No. ER01–871–001] date April 15, 1996, and filed with the Take notice that on March 23, 2001, Federal Energy Regulatory Commission 9. Duke Energy Mohave, LLC by Baltimore Gas and Electric Company, the California Independent System [Docket No. ER01–1619–000] Operator Corporation (ISO) tendered for is to be canceled. Notice of the proposed cancellation Take notice that on March 23, 2001, a modified version of the Utility Duke Energy Mohave, LLC (Duke Distribution Company Operating has been served upon the appropriate state commission in accordance with Mohave) tendered for filing pursuant to Agreement between the ISO and the Rule 205, 18 CFR 385.205, its FERC City of Vernon, California, in the FERC regulations. Comment date: April 13, 2001, in Electric Tariff No. 1 to become effective compliance with the Commission’s as of the date on which the Griffith accordance with Standard Paragraph E order in California Independent System Project begins generating electricity, and at the end of this notice. Operator Corporation, 94 FERC ¶ 61,145 requests waivers and blanket approvals (2001). 7. Baltimore Gas and Electric Company under various regulations of the The ISO states that the only [Docket No. ER01–1607–000] Commission. substantive change contained in the Duke Mohave intends to sell energy, filing is the one required by the Take notice that on March 23, 2001, capacity, and ancillary services at Commission. The ISO also states that tendered for filing is hereby given that wholesale at rates, terms, and this filing has been served upon all effective April 1, 2001, FERC Electric conditions to be mutually agreed to with parties in this proceeding. Tariff, Original Volume No. 4, effective the purchasing party. Duke Mohave’s Comment date: April 13, 2001, in date July 9, 1996, and filed with the FERC Electric Tariff No. 1 provides for accordance with Standard Paragraph E Federal Energy Regulatory Commission the sale of energy, capacity, and at the end of this notice. by Baltimore Gas and Electric Company, ancillary services at agreed prices. is to be canceled. 4. Duke Energy Corporation Comment date: April 13, 2001, in Notice of the proposed cancellation accordance with Standard Paragraph E [Docket No. ER01–1604–000] has been served upon the appropriate at the end of this notice. Take notice that on March 22, 2001, state commission in accordance with 10. Pike County Power, LLC Duke Energy Corporation (Duke) the FERC regulations. tendered for filing a Service Agreement Comment date: April 13, 2001, in [Docket No. EG01–160–000] with Axia Energy, LP for Firm accordance with Standard Paragraph E Take notice that on March 23, 2001, Transmission Service under Duke’s at the end of this notice. Pike County Power, LLC (Pike), an Open Access Transmission Tariff. 8. Wisconsin Electric Power Company Indiana limited liability company with Duke requests that the proposed its principal place of business at 2810 Service Agreement be permitted to [Docket No. ER01–1618–000] Lexington Financial Center, Lexington, become effective on March 8, 2001. Take notice that March 23, 2001, Kentucky 40507 filed with the Federal Duke states that this filing is in Wisconsin Electric Power Company Energy Regulatory Commission an accordance with Part 35 of the (Wisconsin Electric) tendered for filing application for determination of exempt Commission’s Regulations and a copy a notification indicating name changes wholesale generator status pursuant to has been served on the North Carolina for electric service agreements under its Part 365 of the Commission’s Utilities Commission. Coordination Sales Tariff (CST) (FERC regulations. Comment date: April 13, 2001, in Electric Tariff, First Revised Volume No. Pike proposes to own two circulating accordance with Standard Paragraph E 2) and its Market Rate Sales Tariff fluidized bed steam electric generating at the end of this notice. (MRT) (FERC Electric Tariff, Original units of approximately 500 MW total 5. Duke Energy Corporation Volume No. 8) as requested by the capacity located in Pike County, Indiana customer. Wisconsin Electric (Facility). The proposed Facility is [Docket No. ER01–1605–000] respectfully requests effective March 23, expected to commence commercial Take notice that on March 22, 2001, 2001, CST service agreement no. 86 operation in 2004. All output from the Duke Energy Corporation (Duke) with Southern Company Energy Facility will be sold by Pike exclusively tendered for filing a Service Agreement Marketing L.P. be changed to Mirant at wholesale.
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Comment date: April 18, 2001, in DEPARTMENT OF ENERGY Determining Rates to be Just and accordance with Standard Paragraph E Reasonable, and Granting Certain at the end of this notice. The Federal Energy Regulatory Waivers and Pre-Approvals, filed on Commission will limit its consideration Commission January 31, 2001. of comments to those that concern the [Docket No. EL01–51–001, et al.] Comment date: April 16, 2001, in adequacy of the application. accordance with Standard Paragraph E The Detroit Edison Company, et al. at the end of this notice. 11. TransEnergie U.S. Ltd. and Cross Electric Rate and Corporate Regulation Sound Cable Company, LLC Filings 4. Niagara Mohawk Corporation [Docket Nos. EL01–59–000 and ER01–1526– March 29, 2001. [Docket Nos. ER01–1168–001, ER01–1184– 000] 001, ER01–1192–001, ER01–1201–001, Take notice that the following filings ER01–1241–001, and ER01–1242–001] Take notice that on March 21, 2001, have been made with the Commission: TransEnergie U.S. Ltd. and Cross Sound Take notice that on March 22, 2001, Cable Company, LLC, filed with the 1. The Detroit Edison Company Niagara Mohawk Power Corporation Federal Energy Regulatory Commission [Docket No. EL01–51–001] (NMPC) tendered for filing Rate (Commission), a Petition for Declaratory Take notice that on March 23, 2001, Schedule numbers for the various Order Disclaiming Jurisdiction. The Detroit Edison Company (Detroit Interconnection Agreements (IA) filed with the Commission in the above Comment date: April 20, 2001, in Edison) tendered for filing a Startup referenced dockets. accordance with Standard Paragraph E Testing and Parallel Operation at the end of this notice. Interconnection Agreement with Comment date: April 12, 2001, in Dearborn Industrial Generation, L.L.C. accordance with Standard Paragraph E Standard Paragraph (the Startup Agreement). Detroit Edison at the end of this notice. requests the Commission to disclaim E. Any person desiring to be heard or jurisdiction over the Startup Agreement. 5. Duquesne Light Company to protest such filing should file a In the event the Commission determines [Docket No. ER01–1298–001] motion to intervene or protest with the the Startup Agreement to be subject to Federal Energy Regulatory Commission, its jurisdiction, Detroit Edison requests Take notice that on March 26, 2001, 888 First Street, NE., Washington, DC that the Commission accept it for filing Duquesne Light Company (DLC) 20426, in accordance with Rules 211 effective as of March 24, 2001. tendered for filing an amendment to and 214 of the Commission’s Rules of Comment date: April 13, 2001, in Service Agreement dated February 21, Practice and Procedure (18 CFR 385.211 accordance with Standard Paragraph E 2001 with Dynegy Power Marketing, and 385.214). All such motions or at the end of this notice. Inc. under DLC’s Open Access protests should be filed on or before the Transmission Tariff (Tariff). This 2. Southern Company Services, Inc. comment date. Protests will be amendment is intended to conform with considered by the Commission in [Docket No. ER01–1052–001] the Commission’s rate designation requirements under Order No. 614. The determining the appropriate action to be Take notice that on March 26, 2001, Service Agreement adds Dynegy Power taken, but will not serve to make Southern Company Services, Inc. (SCS), by and on behalf of Alabama Power Marketing, Inc. as a customer under the protestants parties to the proceeding. Tariff. DLC requests an effective date of Any person wishing to become a party Company, Georgia Power Company, Mississippi Power Company, Gulf February 21, 2001 for the Service must file a motion to intervene. Copies Agreement. of these filings are on file with the Power Company and Savannah Electric Commission and are available for public and Power Company, tendered for filing Comment date: April 16, 2001, in inspection. This filing may also be original tariff sheets compliant with the accordance with Standard Paragraph E at the end of this notice. viewed on the Internet at http:// formatting requirements of Commission Order No. 614, as needed to implement www.ferc.fed.us/ online/rims.htm (call 6. Niagara Mohawk Corporation 202–208–2222 for assistance). revised accounting procedures accepted on a qualified basis in the above-stated [Docket No. ER01–1521–001] Comments, protests, and interventions docket. may be filed electronically via the Take notice that on March 23, 2001, Comment date: April 16, 2001, in PJM Interconnection, L.L.C. (PJM), internet in lieu of paper. See, 18 CFR accordance with Standard Paragraph E tendered for filing a supplement to its 385.2001(a)(1)(iii) and the instructions at the end of this notice. on the Commission’s web site at http:/ March 13, 2001 filing submitting a /www.ferc.fed.us/efi/doorbell.htm. 3. Duke Energy Power Marketing, LLC Notice of Termination of the Umbrella Service Agreement for Network [Docket No. ER01–1129–001] David P. Boergers, Integration Service between PJM and Secretary. Take notice that on March 26, 2001, Utilimax.com, Inc. (PJM Duke Energy Power Marketing, LLC [FR Doc. 01–8215 Filed 4–3–01; 8:45 am] Interconnection, L.L.C. Third Revised (DEPM), tendered for filing a revision to BILLING CODE 6717–01–P Rate Schedule FERC No. 1 Service its proposed FERC Electric Tariff, Agreement No. 468). Original Volume No. 1 (Tariff), clarifying that all market information Copies of this filing were served upon shared between DEPM and any public Utilimax.com, Inc., affected Electric utility with a franchised service territory Distribution Companies, and all state that is an affiliate of DEPM will be utility regulatory commissions in the disclosed simultaneously to the public. PJM control area. No other changes were made to the Comment date: April 13, 2001, in Tariff or to DEPM’s Application for accordance with Standard Paragraph E Order Accepting Rates for Filing, at the end of this notice.
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7. Public Service Company of New Comment date: April 16, 2001, in 14. California Independent System Mexico accordance with Standard Paragraph E Operator at the end of this notice. [Docket No. ER96–1551–006] [Docket No. ER01–1608–000] 11. Cinergy Services, Inc. Take notice that on March 26, 2001, Take notice that on March 26, 2001, Public Service Company of New Mexico [Docket No. ER01–1624–000] the California Independent System (PNM) tendered for filing an updated Take notice that on March 26, 2001, Operator Corporation, tendered for market power study in compliance with Cinergy Services, Inc. (Cinergy) filing a Meter Service Agreement for ISO the Commission’s January 24, 2001 tendered for filing an executed Service Metered Entities between the ISO and order in Docket Nos. ER01–592–000 and Agreement with Carolina Power & Light La Paloma Generating Company, LLC ER01–615–000, Western Resources, Inc. Company under COC Market-Based for acceptance by the Commission. and Public Service Company of New Power Sales Tariff-MB replacing the Mexico, 94 FERC ¶61,050 (2001). The ISO states that this filing has been service agreement under Cinergy FERC served on La Paloma Generating Comment date: April 16, 2001, in Electric Power Sales Tariff, Original Company, LLC and the California Public accordance with Standard Paragraph E Volume No. 4. Utilities Commission. at the end of this notice. Cinergy requests an effective date of The ISO is requesting waiver of the April 23, 1996. 8. Electricity Capital, LLC; El Cap I, 60-day notice requirement to allow the LLC; El Cap II, LLC; Comment date: April 16, 2001, in Meter Service Agreement to be made accordance with Standard Paragraph E [Docket Nos. ER01–1612–000, ER01–1613– effective March 21, 2001. at the end of this notice. 000, and ER01–1614–000.] Comment date: April 16, 2001, in Take notice that on March 26, 2001, 12. Cinergy Services, Inc. accordance with Standard Paragraph E Electricity Capital, LLC, El Cap I, LLC [Docket No. ER01–1625–000] at the end of this notice. and El Cap II, LLC (Applicants) Take notice that on March 26, 2001, 15. California Independent System tendered for filing a Rate Schedule Cinergy Services, Inc. (Cinergy) and Operator Corporation FERC No. 1 for each Applicant; the TXU Energy Trading Company, granting of certain blanket approvals, tendered for filing a cancellation of [Docket No. ER01–1609–000] including the authority to sell electricity Service Agreement No. 217, under Take notice that on March 26, 2001, at market-based rates; and the waiver of Cinergy Operating Companies, Cost- certain Commission regulations. the California Independent System Based Power Sales Tariff—CB, FERC Operator Corporation, tendered for Each Applicant intends to engage in Electric Tariff Original Volume No. 6. filing a Meter Service Agreement for ISO wholesale electric power and energy Cinergy requests an effective date of Metered Entities between the ISO and purchases and sales as a marketer. Each November 20, 2000. Alliance Colton, LLC for acceptance by Applicant is not in the business of Comment date: April 16, 2001, in the Commission. generating or transmitting electric accordance with Standard Paragraph E The ISO states that this filing has been power, except as described in its at the end of this notice. petition. Each Applicant and its served on Alliance Colton, LLC and the affiliates intend to install, operate and 13. Southwestern Electric Power California Public Utilities Commission. maintain multiple small scale power Company The ISO is requesting waiver of the generation units at one or more [Docket No. ER01–1603–000] 60-day notice requirement to allow the locations. Meter Service Agreement for ISO Take notice that on March 26, 2001, Comment date: April 16, 2001, in Metered Entities to be made effective Southwestern Electric Power Company March 21, 2001. accordance with Standard Paragraph E (SWEPCO) submitted for filing actuarial at the end of this notice. reports in support of the amounts to be Comment date: April 16, 2001, in 9. Southern Power Company collected in SWEPCO’s 2000 actual and accordance with Standard Paragraph E 2001 projected formula rates for post- at the end of this notice. [Docket No. ER01–1615–000] employment benefits other than 16. California Independent System Take notice that on March 26, 2001, pensions as directed by the Statement of Operator Corporation Southern Power Company (Southern Financial Accounting Standard No. 106 Power), tendered for filing a market- (SFAS 106), issued by the Financial [Docket No. ER01–1610–000] based Power Purchase Agreement with Accounting Standards Board, and the Take notice that on March 26, 2001, Alabama Power Company. Southern collection in such formula rates of other the California Independent System Power requests an effective date of June post-employment benefits as directed by Operator Corporation, tendered for 1, 2001 for this agreement. SFAS 112. filing a Participating Generator Comment date: April 16, 2001, in SWEPCO seeks an effective date of Agreement between the ISO and accordance with Standard Paragraph E January 1, 2000 and, accordingly, Alliance Colton, LLC for acceptance by at the end of this notice. requests waiver of the Commission’s the Commission. notice requirements. 10. Deseret Generation & Transmission The ISO states that this filing has been SWEPCO has served copies of the Co-operative, Inc. served on Alliance Colton, LLC and the transmittal letter on all of its formula California Public Utilities Commission. [Docket No. ER01–1620–000] rate customers, the Arkansas Public Take notice that on March 26, 2001, Service Commission, the Louisiana The ISO is requesting that the Deseret Generation & Transmission Co- Public Service Commission and the Participating Generator Agreement to be operative, Inc., tendered for filing a Public Utility Commission of Texas. made effective March 21, 2001. notice of cancellation of Rate Schedule Comment date: April 16, 2001, in Comment date: April 16, 2001, in No. 8. Deseret requests an effective date accordance with Standard Paragraph E accordance with Standard Paragraph E of March 26, 2001. at the end of this notice. at the end of this notice.
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17. California Independent System Copies of this filing were served upon and 214 of the Commission’s Rules of Operator Corporation all PJM Members and the state electric Practice and Procedure (18 CFR 385.211 [Docket No. ER01–1611–000] regulatory commissions in the PJM and 385.214). All such motions or Control Area. protests should be filed on or before the Take notice that March 26, 2001, the Comment date: April 16, 2001, in comment date. Protests will be California Independent System Operator accordance with Standard Paragraph E considered by the Commission in Corporation, tendered for filing a at the end of this notice. determining the appropriate action to be Participating Generator Agreement taken, but will not serve to make between the ISO and La Paloma 21. American Transmission Company protestants parties to the proceeding. Generating Company, LLC for LLC Any person wishing to become a party acceptance by the Commission. [Docket No. ER01–1622–000] must file a motion to intervene. Copies The ISO states that this filing has been of these filings are on file with the served on La Paloma Generating Take notice that on March 26, 2001, Commission and are available for public Company, LLC and the California Public American Transmission Company LLC inspection. This filing may also be Utilities Commission. (ATCLLC) tendered for filing Short- The ISO is requesting that the Term Non-Firm Service Agreements viewed on the Internet at http:// Participating Generator Agreement to be with Southwestern Public Service www.ferc.fed.us/ online/rims.htm (call made effective March 21, 2001. Company and the Public Service 202–208–2222 for assistance). Comment date: April 16, 2001, in Company of Colorado. Comments, protests, and interventions accordance with Standard Paragraph E ATCLLC requests an effective date of may be filed electronically via the at the end of this notice. March 16, 2001. internet in lieu of paper. See, 18 CFR Comment date: April 16, 2001, in 385.2001(a)(1)(iii) and the instructions 18. Duke Energy Corporation accordance with Standard Paragraph E on the Commission’s web site at http:/ [Docket No. ER01–1616–000] at the end of this notice. /www.ferc.fed.us/efi/doorbell.htm. Take notice that on March 26, 2001, 22. Avista Corp. David P. Boergers, Duke Energy Corporation (Duke) filed Secretary. [Docket No. ER01–1637–000 ER01–790–001] an unexecuted Interconnection and [FR Doc. 01–8250 Filed 4–3–01; 8:45 am] Operation Agreement with Carolina Take notice that on March 26, 2001, BILLING CODE 6717–01–P Power & Light Company in the above- Avista Corp. (AVA) tendered for filing captioned docket. an amendment to its Transmission Comment date: April 16, 2001, in Service Agreement by attaching the DEPARTMENT OF ENERGY accordance with Standard Paragraph E Index of Point to Point Transmission at the end of this notice. Service Customers. Federal Energy Regulatory AVA requests the Service Agreement Commission 19. American Transmission Company be given a respective effective date of LLC December 19, 2000. AVA also requests [Project Nos. 11516–000, 11300 and 11120– 002—Michigan] [Docket No. ER01–1617–000] the Commission to cancel all of the Take notice that on March 26, 2001, materials filed under FERC Docket No. Commonwealth Power Company; American Transmission Company LLC ER01–790–000 with the effective date of Notice of Availability of Draft (ATCLLC) tendered for filing an March 14, 2001. Environmental Assessment executed Network Operating Agreement Comment date: April 16, 2001, in (NOA) and Network Integration accordance with Standard Paragraph E March 29, 2001. Transmission Service Agreement at the end of this notice. In accordance with the National Environmental Policy Act of 1969 and (NITSA) for Central Wisconsin Electric 23. Allegheny Energy Supply the Federal Energy Regulatory Cooperative (CWEC) that were first Conemaugh, LLC submitted as unexecuted agreements on Commission’s (Commission) January 30, 2001 in Docket No. ER01– [Docket No. EG01–84–000] regulations, 18 CFR part 380 (Order No. 1096–000. Take notice that on March 27, 2001, 486, 52 FR 47897), the Office of Energy ATCLLC requests an effective date of Allegheny Energy Supply Conemaugh, Projects has reviewed the applications January 1, 2001 for the NOA and LLC filed a supplement to its for original licenses for the proposed NITSA. Application for Determination of Irving and Middleville, and existing Comment date: April 16, 2001, in Exempt Wholesale Generator Status LaBarge Projects, collectively referred to accordance with Standard Paragraph E pursuant to Section 32(a)(1) of the as the Thornapple River Projects, at the end of this notice. Public Utility Holding Company Act of located on the Thornapple River in Barry and Kent Counties, Michigan and 20. PJM Interconnection, L.L.C. 1935. Comment date: April 19, 2001, in has prepared a draft Environmental [Docket No. ER01–1621–000] accordance with Standard Paragraph E Assessment (EA) for the projects. In the Take notice that on March 26, 2001, at the end of this notice. The draft EA, the Commission staff has PJM Interconnection, L.L.C. tendered for Commission will limit its consideration analyzed the potential environmental filing revised tariff sheets to Schedules of comments to those that concern the effects of the projects and has concluded 7 and 8 and Attachment H–11 of the accuracy of the amended application. that approval of the projects, with the PJM Open Access Transmission Tariff appropriate environmental measures, Standard Paragraph (PJM Tariff), reflecting new PJM Border would not constitute a major Federal rates for firm and non-firm point-to- E. Any person desiring to be heard or action significantly affecting the quality point service and Non-Zone Network to protest such filing should file a of the human environment. Load rates for network integration motion to intervene or protest with the Copies of the draft EA are available transmission service. Federal Energy Regulatory Commission, for review in the Commission’s Public PJM requests an effective date of June 888 First Street, NE., Washington, DC Reference Branch, Room 2A, located at 1, 2001. 20426, in accordance with Rules 211 888 First Street, NE., Washington, DC
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20426. The draft EA may also be viewed j. Deadline for Filing Motions to located at 888 First Street, NE, Room on the Internet at http:// Intervene and Protest: 60 days from the 2A, Washington, DC 20246, or by calling www.ferc.fed.us/online/rims.htm. Please issuance date of this notice. (202) 208–1371. This filing may be call (202) 208–2222 for assistance. All documents (original and eight viewed on the web at http:// Any comments should be filed within copies) should be filed with: David P. www.ferc.fed.us/online/rims.htm (call 45 days from the date of this notice and Boergers, Secretary, Federal Energy (202) 208–2222 for assistance). A copy should be addressed to David P. Regulatory Commission, 888 First is also available for inspection and Boergers, Secretary, Federal Energy Street, NE, Washington, DC 20426. reproduction at the address in item h. Regulatory Commission, 888 First Comments, Protests and motions to above. Street, NE, Washington, DC 20426. intervene may be filed electronically via n. Individuals desiring to be included Please affix ‘‘Irving Project, FERC No. the internet in lieu of paper. See 18 CFR on the Commission’s mailing list should 11516–000; Middleville Project, FERC 385.2001(a)(1)(iii) and the instructions so indicate by writing to the Secretary No. 11120–002; and LaBarge Project, on the Commission’s web site at http:/ of the Commission. FERC No. 11300–000 to all comments. /www.ferc.fed.us/efi/doorbell.htm. Protests or Motions to Intervene— For further information, please contact The Commission’s Rules of Practice Anyone may submit a protest or a Mark Pawlowski at (202) 219–2795. and Procedure require all intervenors motion to intervene in accordance with filing documents with the Commission Comments, protests and interventions the requirements of Rules of Practice to serve a copy of that document on may be filed electronically via the and Procedure, 18 CFR 385.210, each person whose name appears on the 385.211, and 385.214. In determining Internet in lieu of paper. See, 18 CFR official service list for the project. 385.2001(a)(1)(iii) and the instructions the appropriate action to take, the Further, if an intervenor files comments Commission will consider all protests on the Commission’s web site at http:/ or documents with the Commission /www.ferc.fed.us/efi/doorbell.htm. filed, but only those who file a motion relating to the merits of an issue that to intervene in accordance with the David P. Boergers, may affect the responsibilities of a Commission’s Rules may become a particular resource agency, they must Secretary. party to the proceeding. Any protests or also serve a copy of the document on [FR Doc. 01–8216 Filed 4–3–01; 8:45 am] motions to intervene must be received that resource agency. BILLING CODE 6717–01–M k. Status of Environmental Analysis: on or before the specified deadline date This application is not ready for for the particular application. Filing and Service of Responsive DEPARTMENT OF ENERGY environmental analysis at this time. l. Description of the Project: The Documents—The application is not ready for environmental analysis at this Federal Energy Regulatory existing Rainbow Falls Hydroelectric time; therefore, the Commission is not Commission Project consists of: (1) a 19-acre reservoir having a gross storage capacity now requesting comments, Notice of Application Accepted for of 234 acre-feet at 310 m.s.l.; (2) a 19- recommendations, terms and Filing and Soliciting Motions to foot-high by 435-foot-long concrete conditions, or prescriptions. Intervene and Protests gravity dam having (i) 3-foot-high When the application is ready for flashboards and (ii) a concrete 345-foot- environmental analysis, the March 29, 2001. long spillway between the dam Commission will issue a public notice Take notice that the following abutments with an average height of 16 requesting comments, hydroelectric application has been filed feet and an average width of 21 feet; (3) recommendations, terms and with the Commission and is available a 77-foot-long by 22-foot to 49-foot-wide conditions, or prescriptions. for public inspection: forebay intake structure, and (4) a 20- All filings must: (1) Bear in all capital a. Type of Application: New Major foot-long by 16-foot-wide sluiceway letters the title ‘‘PROTESTS’’ or License 5 Megawatts or Less. section containing a gate well located at ‘‘MOTION TO INTERVENE’’; (2) set b. Project No.: P–28535–005. the west end of the spillway section; (5) forth in the heading the name of the c. Date filed: October 27, 2000. a 260-foot-long by 25.5-foot-deep applicant and the project number of the application to which the filing d. Applicant: New York State Electric concrete power canal leading to (6) a responds; (3) furnish the name, address, & Gas Corporation. stone rack house containing trash racks and rakes; (7) two 6-foot-in-diameter and telephone number of the person e. Names of Project: Rainbow Falls steel riveted penstocks extending 401 protesting or intervening; and (4) Hydroelectric Project. feet and 411 feet, respectively, from the otherwise comply with the requirements f. Location: On the Ausable River, rack house to a (8) 67-foot-long by 40- of 18 CFR 385.2001 through 385.2005. within the townships of Ausable and foot-wide reinforced concrete Agencies may obtain copies of the Chesterfield, in Clinton and Essex powerhouse, housing two 1,320–kW application directly from the applicant. Counties, New York. This project does generating units for a total installed Any of these documents must be filed not utilize any federal lands. capacity of 2,640–kW; (9) a 200-foot- by providing the original and the g. Filed Pursuant to: Federal Power long, 2.3–kV transmission line; and (10) number of copies required by the Act, 16 U.S.C. 791(a)–825(r). appurtenant facilities. The project has Commission’s regulations to: The h. Applicant Contact: Ms. Carol an annual average generation of Secretary, Federal Energy Regulatory Howland, Project Environmental 13,991,000 kilowatt-hour (kWh). The Commission, 888 First Street, NE., Specialist, New York State Electric & purpose of the project is to produce Washington, DC 20426. An additional Gas Corporation, Corporate Drive— electric power generation for copy must be sent to Director, Division Kirkwood Industrial Park, P.O. Box distribution on the licensee’s of Environmental and Engineering 5224, Binghamton, NY 13902–5224, or transmission and distribution facilities. Review, Office of Energy Projects, call (607) 762–8881. m. Locations of the application: A Federal Energy Regulatory Commission, i. FERC Contact: Jarrad Kosa at (202) copy of the application is available for at the above address. A copy of any 219–2831 or via e-mail at inspection and reproduction at the protest or motion to intervene must be [email protected]. Commission’s Public Reference Room, served upon each representative of the
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applicant specified in the particular Russell Lands, Inc. for the following representative of the Applicant application. upgrades to the River North Marina: (1) specified in the particular application. closure of the existing fuel facility and p. Agency Comments—Federal, state, David P. Boergers, replacement with a state and federally and local agencies are invited to file Secretary. approved facility to be located 1000 feet comments on the described application. [FR Doc. 01–8217 Filed 4–3–01; 8:45 am] west of the old tank site (completed); (2) A copy of the application may be BILLING CODE 6717–01–M new fueling facility and 6-boat capacity obtained by agencies directly from the floating fuel dock (completed); (3) Applicant. If any agency does not file forklift ramp and courtesy docks comments within the time specified for DEPARTMENT OF ENERGY (completed); (4) replacement of the filing comments, it will be presumed to original 44 wooden wet slips with 2 have no comments. One copy of an Federal Energy Regulatory new concrete wet slip docks containing agency’s comments must also be sent to Commission 40 courtesy slips (completed); and (5) the Applicant’s representatives. Notice of Request for Approval to construction of a rip rap seawall (completed). In addition to the above David P. Boergers, Upgrade River North Marina (Formerly Secretary. Lake Hill Marina) and Soliciting facilities within the project boundary, [FR Doc. 01–8252 Filed 4–3–01; 8:45 am] Comments, Motions to Intervene, and Russell Lands, Inc. has constructed Protests outside the project boundary a new BILLING CODE 6717–01–M administrative building to provide March 29, 2001. offices for the marina staff, covered boat Take notice that the following showroom, and a 200-capacity dry stack DEPARTMENT OF ENERGY application has been filed with the storage building; and improved parking Federal Energy Regulatory Commission and is available for public and restroom facilities at the wet slip Commission inspection: area. a. Application Type: Request for l. Locations of the Application: A Notice of Application for Amendment approval to permit Russell Lands, Inc. to copy of the application is available for of License and Soliciting Comments, inspection and reproduction at the upgrade an existing marina at the Motions To Intervene, and Protests Martin Dam Project. Commission’s Public Reference Room, b. Project No. 349–076. at 888 First Street, NE., Room 2A, March 29, 2001. c. Date Filed: February 12, 2001. Washington, DC 20426, or by calling Take notice that the following d. Licensee: Alabama Power 202–208–1371. The application may be hydroelectric application has been filed Company. viewed on-line at http:// with the Commission and is available e. Name of Project: Martin Dam www.ferc.fed.us/online/rims.htm (call for public inspection: Project. 202–208–2222 for assistance). A copy is a. Application Type: Amendment of f. Location: The project is located on also available for inspection and License. the Tallapoosa River in the counties of reproduction at the address in item h b. Project No.: 1394–040. Coosa, Elmore, and Tallapoosa, above. c. Date Filed: January 12, 2000 and Alabama. The marina site does not m. Individuals desiring to be included November 9, 2000. involve federal or tribal lands. on the Commission’s mailing list should d. Applicant: Southern California g. Filed Pursuant to: Federal Power so indicate by writing to the Secretary Edison Company (SCE). Act, 16 U.S.C. 791(a)–825(r). of the Commission. e. Name of Project: Bishop Creek h. Applicant Contact: Mr. James R. n. Comments, Protests, or Motions to Hydroelectric Project. Schauer, Alabama Power Company, P.O. Intervene—Anyone may submit f. Location: On Bishop Creek, in Inyo Box 2641, 600 North 18th Street, comments, a protest, or a motion to County, California. The project uses Birmingham, Alabama, 35291. intervene in accordance with the lands managed by the U.S. Forest Telephone (205) 257–1401, or E-mail requirements of Rules of Practice and Service (FS) in the Inyo National Forest, address: [email protected]. Procedure, 18 CFR 385.210, .211, .214. and lands managed by the Bureau of i. FERC Contact: Any questions on In determining the appropriate action to Land Management (BLM). this notice should be addressed to Jean take, the Commission will consider all g. Filed Pursuant to: Federal Power Potvin, at [email protected], or protests or other comments filed, but Act, 16 U.S.C. 791(a)–825(r). (202) 219–0022. only those who file a motion to h. Applicant’s Contact: Stephen E. j. Deadline for filing comments and or intervene in accordance with the Pickett, 2244 Walnut Grove Ave., motions: May 4, 2001. Commission’s Rules may become a Rosemead, CA, 91770, (626) 302–4459. All documents (original and eight party to the proceeding. Any comments, i. FERC Contact: Any questions on copies) should be filed with Mr. David protests, or motions to intervene must this notice should be addressed to Doan P. Boergers, Secretary, Federal Energy be received on or before the specified Pham at (202) 219–2851 or e-mail Regulatory Commission, 888 First comment date for the particular address [email protected]. Street, NE., Washington, DC 20426. application. j. Deadline for filing comments, Comments, protests and interventions o. Filing and Service of Responsive motions to intervene, or protests: May 4, may be filed electronically via the Documents—Any filings must bear in 2001. internet in lieu of paper. See, 18 CFR all capital letters the title All documents (original and eight 385.2001(a)(1)(iii) and the instructions ‘‘COMMENTS’’, copies) should be filed with: David P. on the Commission’s web site at ‘‘RECOMMENDATIONS FOR TERMS Boergers, Secretary, Federal Energy http://www.ferc.fed.us/efi/doorbell.htm. AND CONDITIONS’’, ‘‘PROTEST’’, OR Regulatory Commission, 888 First Please reference the following number, ‘‘MOTION TO INTERVENE’’, as Street, NE., Washington, DC 20426. P–349–076, on any comments or applicable, and the Project Number of Comments, protests, and motions to motions filed. the particular application to which the intervene, may be filed electronically k. Description of Proposal: The filing refers. A copy of any motion to via the internet in lieu of paper. See, 18 licensee proposes to issuee a permit to intervene must also be served upon each CFR 385.2001(a)(1)(iii) and the
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instructions on the Commission’s web ‘‘COMMENTS’’, Pham at (202) 219–2851 or e-mail site at http://www.ferc.fed.us/efi/ ‘‘RECOMMENDATIONS FOR TERMS address [email protected]. doorbell.htm. AND CONDITIONS’’, ‘‘PROTEST’’, OR j. Deadline for Filing Comments, Please include the Project Number ‘‘MOTION TO INTERVENE’’, as Motions to Intervene, or Protests: May 4, (1394–040) on any comments, protests, applicable, and the Project Number of 2001. or motions filed. the particular application to which the All documents (original and eight k. Description of Amendment: SCE filing refers. Any of the above-named copies) should be filed with: David P. proposes to delete the following documents must be filed by providing Boergers, Secretary, Federal Energy transmission lines, extending from the the original and the number of copies Regulatory Commission, 888 First respective powerhouses to the control provided by the Commission’s Street, NE., Washington, DC 20426. substation (except for the line from the regulations to: The Secretary, Federal Comments, protests, and motions to Big Creek (BC) 6 powerhouse): (1) a 6.9- Energy Regulatory Commission, 888 intervene, may be filed electronically mile-long, 55-kilovolt (kV) transmission First Street, NE., Washington, DC 20426. via the internet in lieu of paper. See, 18 line from BC2 powerhouse, (2) a 0.6- A copy of any motion to intervene must CFR 385.2001(a)(1)(iii) and the mile-long, 115-kV transmission line also be served upon each representative instructions on the Commission’s web from BC3 powerhouse, (3) 150-foot-long, of the Applicant specified in the site at http://www.ferc.fed.us/efi/ 55-kV transmission line from BC5 particular application. doorbell.htm. powerhouse, (4) 630-foot-long, 55-kV p. Agency Comments—Federal, state, Please include the Project Number transmission line from BC6 powerhouse and local agencies are invited to file (2175–009) on any comments, protests, to pole switch 530, and (5) 15.56 acres comments on the described application. or motions filed. k. Description of Amendment: SCE of federal lands for transmission lines A copy of the application may be proposes to delete (1) a 144-mile-long, right-of-way (3.72 acres in BLM lands, obtained by agencies directly from the 220-kilovolt (kV) transmission line, and 11.84 in FS lands). SCE indicates Applicant. If an agency does not file extending from Big Creek (BC) 1 that these lines should be deleted comments within the time specified for because they are part of SCE’s powerhouse to BC2 powerhouse, (2) a filing comments, it will be presumed to 144-mile-long, 220-kV transmission interconnected system. SCE also have no comments. One copy of an proposes changes in project boundary line, extending from BC1 powerhouse to agency’s comments must also be sent to Rector, and (3) 456.88 acres of federal line to (1) add about 1.17 acres of BLM the Applicant’s representatives. lands to include existing access roads lands for transmission lines right-of- and gaging stations within the project David P. Boergers, way. SCE indicates that these lines boundary, and (2) delete 33.18 acres FS Secretary. should be deleted because they are part lands to exclude non-operational [FR Doc. 01–8253 Filed 4–3–01; 8:45 am] of SCE’s interconnected system. SCE company housing. BILLING CODE 6717–01–M also proposes changes in project l. Locations of the Application: A boundary line to (1) add about 60.73 copy of the application is available for acres of federal lands to include existing inspection and reproduction at the DEPARTMENT OF ENERGY access roads, certain telephone lines, Commission’s Public Reference Room, and gaging stations within the project located at 888 First Street NE., Room Federal Energy Regulatory boundary, and (2) delete 76.16 acres 2A, Washington, DC 20426, or by calling Commission federal lands to exclude certain (202) 208–1371. This filing may be telephone lines and a bypass creek viewed on http://www.ferc.fed.us/ Notice of Application for Amendment extending from Dam #1 to the BC1 online/rims.htm (call (202) 208–2222 for of License and Soliciting Comments, powerhouse. assistance). A copy is also available for Motions To Intervene, and Protests l. Locations of the Application: A copy of the application is available for inspection and reproduction at the March 29, 2001. addresses in item h above. inspection and reproduction at the m. Individuals desiring to be included Take notice that the following Commission’s Public Reference Room, on the Commission’s mailing list should hydroelectric application has been filed located at 888 First Street NE, Room 2A, so indicate by writing to the Secretary with the Commission and is available Washington, DC 20426, or by calling of the Commission. for public inspection: (202) 208–1371. This filing may be n. Comments, Protests, or Motions to a. Application Type: Amendment of viewed on http://www.ferc.fed.us/ Intervene—Anyone may submit License. online/rims.htm (call (202) 208–2222 for comments, a protest, or a motion to b. Project No.: 2175–009. assistance). A copy is also available for intervene in accordance with the c. Date Filed: January 12, 2000 and inspection and reproduction at the requirements of Rules of Practice and November 9, 2000. addresses in item h above. Procedure, 18 CFR 385.210, .211, .214. d. Applicant: Southern California m. Individuals desiring to be included In determining the appropriate action to Edison Company (SCE). on the Commission’s mailing list should take, the Commission will consider all e. Name of Project: Big Creek No. 1 & so indicate by writing to the Secretary protests or other comments filed, but 2 Hydroelectric Project. of the Commission. only those who file a motion to f. Location: On San Joaquin in Fresno n. Comments, Protests, or Motions to intervene in accordance with the County, Fresno, California. The project Intervene—Anyone may submit Commission’s Rules may become a is located within the Sierra National comments, a protest, or a motion to party to the proceeding. Any comments, Forest. intervene in accordance with the protests, or motions to intervene must g. Filed Pursuant to: Federal Power requirements of Rules of Practice and be received on or before the specified Act, 16 U.S.C. 791(a)–825(r). Procedure, 18 CFR 385.210, .211, .214. comment date for the particular h. Applicant’s Contact: Stephen E. In determining the appropriate action to application. Pickett, 2244 Walnut Grove Ave., take, the Commission will consider all o. Filing and Service of Responsive Rosemead, CA, 91770, (626) 302–4459. protests or other comments filed, but Documents—Any filings must i. FERC Contact: Any questions on only those who file a motion to bear in all capital letters the title this notice should be addressed to Doan intervene in accordance with the
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Commission’s Rules may become a ENVIRONMENTAL PROTECTION produce or use pesticides, the Agency party to the proceeding. Any comments, AGENCY has not attempted to describe all the protests, or motions to intervene must specific entities that may be affected by [OPP–64055; FRL–6773–4] be received on or before the specified this action. If you have any questions comment date for the particular Notice of Receipt of Requests for regarding the information in this notice, application. Amendments to Delete Uses in Certain consult the person listed in the FOR o. Filing and Service of Responsive Pesticide Registrations FURTHER INFORMATION CONTACT. Documents—Any filings must bear in AGENCY: Environmental Protection B. How Can I Get Additional all capital letters the title Agency (EPA). Information or Copies of Support ‘‘COMMENTS’’, ACTION: Notice. Documents? ‘‘RECOMMENDATIONS FOR TERMS AND CONDITIONS’’, ‘‘PROTEST’’, OR SUMMARY: In accordance with section 1. Electronically. You may obtain ‘‘MOTION TO INTERVENE’’, as 6(f)(1) of the Federal Insecticide, electronic copies of this document and applicable, and the Project Number of Fungicide and Rodenticide Act (FIFRA), certain other related documents that the particular application to which the as amended, EPA is issuing a notice of might be available electronically, from filing refers. Any of the above-named receipt of request for amendment by the EPA Internet Home Page at http:// documents must be filed by providing registrants to delete uses in certain www.epa.gov. To access this document, the original and the number of copies pesticide registrations. on the Home page select ‘‘Laws and provided by the Commission’s DATES: Unless a request is withdrawn, Regulations’’ ‘‘Regulations and regulations to: The Secretary, Federal the Agency will approve these use Proposed Rules,’’ and then look up the Energy Regulatory Commission, 888 deletions and the deletions will become entry for this document under the First Street, NE., Washington, DC 20426. effective on October 1, 2001 unless ‘‘Federal Register—Environmental A copy of any motion to intervene must indicated otherwise. Documents.’’ You can also go directly to also be served upon each representative FOR FURTHER INFORMATION CONTACT: By the Federal Register listing at http:// of the Applicant specified in the mail: James A. Hollins, Office of www.epa.gov/fedrgstr/. particular application. Pesticide Programs (7502C), 2. In person. Contact James A. Hollins p. Agency Comments—Federal, state, Environmental Protection Agency, 1200 at 1921 Jefferson Davis Highway, Crystal and local agencies are invited to file Pennsylvania Avenue, N.W., Mall 2, Rm. 224, Arlington, VA, Washington, DC 20460. Office location comments on the described application. telephone number (703) 305–5761. for commercial courier delivery, A copy of the application may be Available from 7:30 a.m. to 4:45 p.m., telephone number and e-mail address: obtained by agencies directly from the Monday through Friday, excluding legal Rm. 266A, Crystal Mall No. 2, 1921 Applicant. If an agency does not file holidays. Jefferson Davis Highway, Arlington, VA comments within the time specified for 22202, (703) 305–5761; e-mail: II. What Action is the Agency Taking? filing comments, it will be presumed to [email protected]. have no comments. One copy of an This notice announces receipt by the agency’s comments must also be sent to SUPPLEMENTARY INFORMATION: Agency of applications from registrants the Applicant’s representatives. I. General Information to delete uses in four pesticide registrations. These registrations are David P. Boergers, A. Does This Action Apply to Me? listed in the following Table 1 by Secretary. This action is directed to the public registration number, product name, [FR Doc. 01–8259 Filed 4–3–01; 8:45 am] in general. Although this action may be active ingredient and specific uses BILLING CODE 6717–01–M of particular interest to persons who deleted:
TABLE 1.— REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS
Registration No. Product/Chemical Name Delete From Label
000352–00564 Benlate SP Fungicide Control of seed borne fusarium on long leaf pine seeds in Alabama, Georgia, North Carolina and South Carolina Benomyl 001258–00840 Zinc Omadine Powder Metal cutting fluid use Zinc 2-pyridinethiol-1-oxide 001258–00841 Zinc Omadine 48% Dispersion Metal cutting fluid use Zinc 2-pyridinethiol-1-oxide 005905–00196 Fyfanon, The Premium Grade Malathion Grapes (other than nursery stock) Malathion
Users of these products who desire continued use on crops or sites being deleted should contact the applicable registrant before October 1, 2001 unless indicated otherwise, to discuss withdrawal of the application for amendment. This 180–day period will also permit interested members of the public to intercede with registrants prior to the Agency’s approval of the deletion. The following Table 2 includes, the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA company number.
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TABLE 2.— REGISTRANTS REQUESTING VOLUNTARY CANCELLATION
EPA Company No. Company Name and Address
000352 E. I. Du Pont De Nemours and Company, Barley Mill Plaza, Walker’s Mill, Wilmington, DE 19880. 001258 Arch Chemicals, Inc., 501 Merritt 7, Norwalk, CT 06856. 005905 Helena Chemical Co., 6075 Poplar Ave, Suite 500, Memphis, TN 38119.
III. What is the Agency Authority for Dated: March 19, 2001. manufacturer, or pesticide Taking This Action? Richard D. Schmitt, manufacturer. Potentially affected categories and entities may include, but Associate Director, Information Resources Section 6(f)(1) of FIFRA provides that are not limited to: a registrant of a pesticide product may and Services Division, Office of Pesticide at any time request that any of its Programs. Cat- Examples of po- pesticide registrations be amended to [FR Doc. 01–8139 Filed 4–3–01; 8:45 a.m.] egories NAICS codes tentially affected delete one or more uses. The Act further BILLING CODE 6560–50–S entities provides that, before acting on the request, EPA must publish a notice of Industry 111 Crop production 112 Animal production receipt of any such request in the ENVIRONMENTAL PROTECTION 311 Food manufac- Federal Register. Thereafter, the AGENCY turing Administrator may approve such a [OPP–30510; FRL–6771–8] 32532 Pesticide manu- request. facturing IV. How and to Whom Do I Submit Pesticide Products; Registration This listing is not intended to be Withdrawal Requests? Applications exhaustive, but rather provides a guide 1. By mail: Registrants who choose to AGENCY: Environmental Protection for readers regarding entities likely to be withdraw a request for use deletion Agency (EPA). affected by this action. Other types of must submit such withdrawal in writing ACTION: Notice. entities not listed in the table could also to James A. Hollins, at the address given be affected. The North American SUMMARY: This notice announces receipt Industrial Classification System above, postmarked May 4, 2001. of applications to register pesticide 2. In Person or by courier: Deliver (NAICS) codes have been provided to products containing new active assist you and others in determining your withdrawal request to: Document ingredients not included in any Processing Desk (DPD), Information whether or not this action might apply previously registered products pursuant to certain entities. If you have questions Services Branch, Office of Pesticide to the provisions of section 3(c)(4) of the Programs (OPP), Environmental regarding the applicability of this action Federal Insecticide, Fungicide, and to a particular entity, consult the person Protection Agency, Room 266A, Crystal Rodenticide Act (FIFRA), as amended. Mall 2, 1921 Jefferson Davis Highway, listed under FOR FURTHER INFORMATION DATES: Written comments, identified by CONTACT. Arlington, VA. The DPD is open from the docket control number OPP–30510, 8:00 a.m. to 4:30 p.m., Monday through must be received on or before May 4, B. How Can I Get Additional Friday, excluding legal holidays. The 2001. Information, Including Copies of this DPD telephone number is (703) 305– Document and Other Related ADDRESSES: 5263. Comments may be Documents? submitted by mail, electronically, or in 3. Electronically. You may submit person. Please follow the detailed 1. Electronically. You may obtain your withdrawal request electronically instructions for each method as electronic copies of this document, and by e-mail to: [email protected]. Do provided in Unit I. of the certain other related documents that not submit any information SUPPLEMENTARY INFORMATION. To ensure might be available electronically, from electronically that you consider to be proper receipt by EPA, it is imperative the EPA Internet Home Page at http:// CBI. Avoid the use of special characters that you identify docket control number www.epa.gov/. To access this and any form of encryption. Electronic OPP–30510 in the subject line on the document, on the Home Page select submissions will be accepted in first page of your response. ‘‘Laws and Regulations,’’ ‘‘Regulations WordPerfect 6.1/8.0 or ASCII file FOR FURTHER INFORMATION CONTACT: and Proposed Rules,’’ and then look up format. Suku Oonnithan, Regulatory Action the entry for this document under the V. Provisions for Disposition of Existing Leader, Registration Division (7505C), ‘‘Federal Register—Environmental Stocks Office of Pesticide Programs, Documents.’’ You can also go directly to Environmental Protection Agency, 1200 the Federal Register listings at http:// The Agency has authorized the Pennsylvania Ave., NW., Washington, www.epa.gov/fedrgstr/. registrants to sell or distribute product DC 20460; telephone number: (703) 2. In person. The Agency has under the previously approved labeling 605–0368; e-mail address: established an official record for this for a period of 18 months after approval [email protected]. action under docket control number of the revision, unless other restrictions OPP–30510. The official record consists have been imposed, as in special review SUPPLEMENTARY INFORMATION: of the documents specifically referenced actions. I. General Information in this action, any public comments List of Subjects received during an applicable comment A. Does this Action Apply to Me? period, and other information related to Environmental protection, Pesticides You may be affected by this action if this action, including any information and pests, Product registrations. you are an agricultural producer, food claimed as confidential business
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information (CBI). This official record D. How Should I Handle CBI that I Want Products Containing an Active includes the documents that are to Submit to the Agency? Ingredient Not Included in Any physically located in the docket, as well Previously Registered Products Do not submit any information as the documents that are referenced in electronically that you consider to be 1. File symbol: 11678–LT. Applicant: those documents. The public version of CBI. You may claim information that Makhteshim Agan of North America Inc, the official record does not include any you submit to EPA in response to this 551 Fifth Avenue, Suite 1100, New information claimed as CBI. The public document as CBI by marking any part or York, NY 10176. Product name: Rimon version of the official record, which all of that information as CBI. Technical. Type of product: Insecticide. includes printed, paper versions of any Information so marked will not be Active ingredient: Novaluron (1-[3- electronic comments submitted during disclosed except in accordance with chloro-4-(1,1,2-trifluoro-2- an applicable comment period, is procedures set forth in 40 CFR part 2. trifluoromethoxyethoxy)-phenyl]-3-(2,6- available for inspection in the Public In addition to one complete version of difluorobenzoyl)urea). Proposed Information and Records Integrity the comment that includes any classification/Use: For manufacturing of Branch (PIRIB), Rm. 119, Crystal Mall information claimed as CBI, a copy of end-use product formulations. #2, 1921 Jefferson Davis Hwy., the comment that does not contain the 2. File symbol: 66222–GL. Applicant: Arlington, VA, from 8:30 a.m. to 4 p.m., information claimed as CBI must be Makhteshim Agan of North America Inc, Monday through Friday, excluding legal submitted for inclusion in the public 551 Fifth Avenue, Suite 1100, New holidays. The PIRIB telephone number version of the official record. York, NY 10176. Product name: Rimon is (703) 305–5805. Information not marked confidential 10 EC. Type of product: Insecticide. will be included in the public version Active ingredient: Novaluron. Proposed C. How and to Whom Do I Submit of the official record without prior classification/Use: General. For the Comments? notice. If you have any questions about control of insect pests on container CBI or the procedures for claiming CBI, grown ornamentals in greenhouses, You may submit comments through please consult the person identified shade houses, and outdoor nurseries. the mail, in person, or electronically. To under FOR FURTHER INFORMATION ensure proper receipt by EPA, it is List of Subjects CONTACT. imperative that you identify docket Environmental protection, Pesticides control number OPP–30510 in the E. What Should I Consider as I Prepare and pest. My Comments for EPA? subject line on the first page of your Dated: March 14, 2001. response. You may find the following James Jones, 1. By mail. Submit your comments to: suggestions helpful for preparing your Director, Registration Division, Office of Public Information and Records comments: Pesticide Programs. Integrity Branch (PIRIB), Information 1. Explain your views as clearly as [FR Doc. 01–8141 Filed 4–3–01; 8:45 am] Resources and Services Division possible. BILLING CODE 6560–50–S (7502C), Office of Pesticide Programs 2. Describe any assumptions that you (OPP), Environmental Protection used. Agency, 1200 Pennsylvania Ave., NW., ENVIRONMENTAL PROTECTION 3. Provide copies of any technical AGENCY Washington, DC 20460. information and/or data you used that 2. In person or by courier. Deliver support your views. [PF–1006; FRL–6772–4] your comments to: Public Information 4. If you estimate potential burden or and Records Integrity Branch (PIRIB), costs, explain how you arrived at the Notice of Filing a Pesticide Petition to Information Resources and Services estimate that you provide. Establish a Tolerance for a Certain Division (7502C), Office of Pesticide 5. Provide specific examples to Pesticide Chemical in or on Food Programs (OPP), Environmental illustrate your concerns. AGENCY: Protection Agency, Rm. 119, Crystal Environmental Protection 6. Offer alternative ways to improve Agency (EPA). Mall #2, 1921 Jefferson Davis Highway, the registration activity. Arlington, VA. The PIRIB is open from ACTION: Notice. 8:30 a.m. to 4 p.m., Monday through 7. Make sure to submit your comments by the deadline in this SUMMARY: This notice announces the Friday, excluding legal holidays. The notice. initial filing of a pesticide petition PIRIB telephone number is (703) 305– proposing the establishment of 5805. 8. To ensure proper receipt by EPA, be sure to identify the docket control regulations for residues of a certain 3. Electronically. You may submit number assigned to this action in the pesticide chemical in or on various food your comments electronically by e-mail subject line on the first page of your commodities. to: [email protected], or you can response. You may also provide the DATES: Comments, identified by docket submit a computer disk as described name, date, and Federal Register control number PF–1006, must be above. Do not submit any information citation. received on or before May 4, 2001. electronically that you consider to be ADDRESSES: II. Registration Applications Comments may be CBI. Avoid the use of special characters submitted by mail, electronically, or in and any form of encryption. Electronic EPA received applications as follows person. Please follow the detailed submissions will be accepted in to register pesticide products containing instructions for each method as WordPerfect 6.1/8.0 or ASCII file an active ingredient not included in any provided in Unit I.C. of the format. All comments in electronic form previously registered products pursuant SUPPLEMENTARY INFORMATION. To ensure must be identified by docket control to the provisions of section 3(c)(4) of proper receipt by EPA, it is imperative number OPP–30510. Electronic FIFRA. Notice of receipt of these that you identify docket control number comments may also be filed online at applications does not imply a decision PF–1006 in the subject line on the first many Federal Depository Libraries. by the Agency on the applications. page of your response.
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FOR FURTHER INFORMATION CONTACT: By documents specifically referenced in may also be filed online at many Federal mail: Sidney Jackson, Registration this action, any public comments Depository Libraries. Division, Minor Use Inerts and received during an applicable comment D. How Should I Handle CBI That I Emergency Response Branch, (7505C), period, and other information related to Want to Submit to the Agency? Office of Pesticide Programs, this action, including any information Environmental Protection Agency, 1200 claimed as confidential business Do not submit any information Pennsylvania Ave., NW., Washington, information (CBI). This official record electronically that you consider to be DC 20460; telephone number: (703) includes the documents that are CBI. You may claim information that 305–7610; e-mail address: physically located in the docket, as well you submit to EPA in response to this [email protected]. as the documents that are referenced in document as CBI by marking any part or all of that information as CBI. SUPPLEMENTARY INFORMATION: those documents. The public version of the official record does not include any Information so marked will not be I. General Information information claimed as CBI. The public disclosed except in accordance with procedures set forth in 40 CFR part 2. A. Does this Action Apply to Me? version of the official record, which includes printed, paper versions of any In addition to one complete version of You may be affected by this action if electronic comments submitted during the comment that includes any you are an agricultural producer, food an applicable comment period, is information claimed as CBI, a copy of manufacturer or pesticide manufacturer. available for inspection in the Public the comment that does not contain the Potentially affected categories and Information and Records Integrity information claimed as CBI must be entities may include, but are not limited Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public to: #2, 1921 Jefferson Davis Highway, version of the official record. Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential Examples of poten- will be included in the public version Categories NAICS tially affected Monday through Friday, excluding legal codes entities holidays. The PIRIB telephone number of the official record without prior is (703) 305–5805. notice. If you have any questions about Industry 111 Crop production CBI or the procedures for claiming CBI, 112 Animal production C. How and to Whom Do I Submit please consult the person identified 311 Food manufacturing Comments? under FOR FURTHER INFORMATION 32532 Pesticide manufac- You may submit comments through CONTACT. turing the mail, in person, or electronically. To E. What Should I Consider as I Prepare This listing is not intended to be ensure proper receipt by EPA, it is My Comments for EPA? exhaustive, but rather provides a guide imperative that you identify docket control number PF–1006 in the subject You may find the following for readers regarding entities likely to be suggestions helpful for preparing your affected by this action. Other types of line on the first page of your response. 1. By mail. Submit your comments to: comments: entities not listed in the table could also 1. Explain your views as clearly as be affected. The North American Public Information and Records Integrity Branch (PIRIB), Information possible. Industrial Classification System 2. Describe any assumptions that you Resources and Services Division (NAICS) codes have been provided to used. (7502C), Office of Pesticide Programs assist you and others in determining 3. Provide copies of any technical (OPP), Environmental Protection whether or not this action might apply information and/or data you used that Agency, 1200 Pennsylvania Ave., NW., to certain entities. If you have questions support your views. regarding the applicability of this action Washington, DC 20460. 4. If you estimate potential burden or to a particular entity, consult the person 2. In person or by courier. Deliver costs, explain how you arrived at the listed under FOR FURTHER INFORMATION your comments to: Public Information estimate that you provide. CONTACT. and Records Integrity Branch (PIRIB), 5. Provide specific examples to Information Resources and Services B. How Can I Get Additional illustrate your concerns. Division (7502C), Office of Pesticide 6. Make sure to submit your Information, Including Copies of this Programs (OPP), Environmental comments by the deadline in this Document and Other Related Protection Agency, Rm. 119, Crystal notice. Documents? Mall #2, 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, 1. Electronically. You may obtain Arlington, VA. The PIRIB is open from be sure to identify the docket control electronic copies of this document, and 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the certain other related documents that Friday, excluding legal holidays. The subject line on the first page of your might be available electronically, from PIRIB telephone number is (703) 305– response. You may also provide the the EPA Internet Home Page at http:// 5805. name, date, and Federal Register www.epa.gov/. To access this 3. Electronically. You may submit citation. document, on the Home Page select your comments electronically by e-mail ‘‘Laws and Regulations,’’ ‘‘Regulations to: [email protected], or you can II. What Action is the Agency Taking? and Proposed Rules,’’ and then look up submit a computer disk as described EPA has received a pesticide petition the entry for this document under the above. Do not submit any information as follows proposing the establishment ‘‘Federal Register—Environmental electronically that you consider to be and/or amendment of regulations for Documents.’’ You can also go directly to CBI. Avoid the use of special characters residues of a certain pesticide chemical the Federal Register listings at http:// and any form of encryption. Electronic in or on various food commodities www.epa.gov/fedrgstr/. submissions will be accepted in under section 408 of the Federal Food, 2. In person. The Agency has Wordperfect 6.1/8.0 or ASCII file Drug, and Comestic Act (FFDCA), 21 established an official record for this format. All comments in electronic form U.S.C. 346a. EPA has determined that action under docket control number PF– must be identified by docket control this petition contains data or 1006. The official record consists of the number PF–1006. Electronic comments information regarding the elements set
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forth in section 408(d)(2); however, EPA apples, tomatoes, lactating goats, and approximately 50 grams active has not fully evaluated the sufficiency laying hens (and rats). The major ingredient (ai)/acre (A)/application (0.33 of the submitted data at this time or metabolic pathways in plants is aryl pound ai/A/season); 1x the maximum whether the data support granting of the hydroxylation and cleavage of the ether proposed seasonal rate. Residues of petition. Additional data may be needed linkage, followed by further metabolism pyriproxyfen in/on eight samples of before EPA rules on the petition. into more polar products by further walnuts treated as described above were oxidation and/or conjugation reactions. each less than the LOQ (<0.02 ppm). List of Subjects However, the bulk of the radiochemical B. Toxicological Profile Environmental protection, residue on raw agricultural commodity Agricultural commodities, Feed samples remained as parent. Comparing 1. Acute toxicity. The acute toxicity of additives, Food additives, Pesticides metabolites detected and quantified technical grade pyriproxyfen is low by and pests, Reporting and recordkeeping from cotton, apple, tomato, goat and hen all routes, classified as Category III for requirements. (and rat) shows that there are no acute inhalation toxicity eye irritation, significant aglycones in plants which and Category IV for acute oral and Dated: March 20, 2001. are not also present in the excreta or dermal toxicity, and skin/eye irritation. James Jones, tissues of animals. The residue of Pyriproxyfen is not a skin sensitizing Director, Registration Division, Office of concern is best defined as the parent, agent. Pesticide Programs. pyriproxyfen. 2. Genotoxicity. Pyriproxyfen was Summary of Petition Ruminant and poultry metabolism negative in the following tests for studies demonstrated that transfer of mutagenicity: Ames assay with and The petitioner summary of the administered 14C-residues to tissues was without S9 activation, in vitro pesticide petition is printed below as low. Total 14C-residues in goat milk, unscheduled DNA synthesis in HeLa S3 required by section 408(d)(3) of the muscle and tissues accounted for less cells, in vitro gene mutation in V79 FFDCA. The summary of the petition than 2% of the administered dose, and Chinese hamster cells, and in vitro was prepared by the petitioner and were less than 1 ppm in all cases. In chromosomal aberration with and represents the view of the petitioners. poultry, total 14C-residues in eggs, without S9 activation in Chinese EPA is publishing the petition summary muscle and tissues accounted for about hamster ovary cells. verbatim without editing it in any way. 2.7% of the administered dose, and 3. Reproductive and developmental The petition summary announces the were less than 1 ppm in all cases except toxicity. In the rat developmental availability of a description of the for gizzard. toxicity study, maternal toxicity analytical methods available to EPA for 2. Analytical method. The gas- (decreases in food consumption, body the detection and measurement of the chromotography/nitrogen-phosphorous weight, and body weight gain with pesticide chemical residues or an specific flame ionization detector (NPD) increases in water consumption was explanation of why no such method is and high-pressure liquid observed at doses of 300 milligrams needed. chromotography/fluorescence (FLD) (mg)/kilogram (kg)/day and greater, the Interregional Research Project #4 (IR-4) method RM-33N-2 is adequate for no observed adverse effect level collecting data on residues of (NOAEL) for prenatal developmental 0E6081 pyriproxyfen in/on nutmeat. Adequate toxicity was 100 mg/kg/day with EPA has received a pesticide petition method validation data have been increased incidences of skeletal (0E6081) from the Interregional submitted for this method and EPA has variations and unspecified visceral Research Project #4 (IR-4), Technology successfully validated the analytical variations at 1,000 mg/kg/day. A rabbit Centre of New Jersey, Rutgers, the State method for analysis of nutmeat. The teratology study resulted in a maternal University of New Jersey, 681 U.S. limit of quantitation (LOQ) is 0.02 ppm NOAEL of 100 mg/kg/day, with no Highway #1 South, North Brunswick, NJ for residues of pyriproxyfen in/on developmental effects observed in the 08021–3390 proposing, pursuant to nutmeat. rabbit fetuses. section 408(d) of the Federal Food, 3. Magnitude of residues. In a 2–generation reproduction Drug, and Cosmetic Act (FFDCA), 21 Pyriproxyfen residue data from tree nut toxicity study in rats, parental toxicity U.S.C.346a(d), to amend 40 CFR part field studies were used as surrogate data (decreased body weight, weight gain 180 by establishing a tolerance for for pistachio. Data from six field trials and food consumption in both sexes and residues of pyriproxyfen, 2-[1-methyl-2- conducted in California during 1997 both generations and increased liver (4-phenoxyphenoxy)ethoxy pyridine, in depicting residues of pyriproxyfen in/on weight in both sexes of the F1 or on the raw agricultural commodity almonds were reviewed by the Agency generation and liver and kidney pistachio at 0.02 parts per million and found to be acceptable. Residues of histopathology in F1 males was (ppm). EPA has determined that the pyriproxyfen were non-detectable observed at the highest dose tested petition contains data or information (<0.01 ppm) in/on 12 samples of (HDT) (5,000 ppm) (equivalent to 386 regarding the elements set forth in nutmeat. In the studies conducted at 2x mg/kg/day for males and 442 mg/kg/day section 408(d)(2) of the FFDCA; the proposed application rate, residues for females and 519 mg/kg/day for males however, EPA has not fully evaluated of pyriproxyfen were <0.01 ppm in/on and 554 mg/kg/day for females F1 the sufficiency of the submitted data at three samples of nutmeat, and one generation.) The parental NOAEL is this time or whether the data support sample bore residues at the limit of established at 1,000 ppm and the granting of the petition. Additional data detection (LOD) (0.01 ppm). Data are reproductive NOAEL is established at may be needed before EPA rules on the available from four field trials on 5,000 ppm. petition. walnuts conducted in California during 4. Subchronic toxicity. Subchronic 1996 Residues of pyriproxyfen and 4’- oral toxicity studies conducted with A. Residue Chemistry OH-PYR were non-detectable (<0.01 pyriproxyfen technical in the rat, mouse 1. Plant and animal metabolism. ppm) in/on eight walnut samples and dog indicate a low level of toxicity. Metabolism of 14C-pyriproxyfen labelled harvested approximately 21 days after Effects observed at high dose levels in the phenoxyphenyl ring and in the the last of three broadcast applications consisted primarily of decreased body pyridyl ring has been studied in cotton, of the 0.86 lb/gal EC formulation at weight gain; increased liver weights;
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histopathological changes in the liver bioaccumulation is minimal. There were contribution for published and and kidney; decreased red blood cell no significant sex or dose-related proposed tolerances is less than 100 counts, hemoglobin and hematocrit; differences in excretion or metabolism. percent of the RfD. altered blood chemistry parameters; 7. Endocrine disruption. Pyriproxyfen ii. Drinking water. Since pyriproxyfen is specifically designed to be an insect and, at 5,000 and 10,000 ppm in mice, is applied outdoors to growing growth regulator and is known to a decrease in survival rates. The agricultural crops, the potential exists produce juvenoid effects on arthropod NOAELs from these studies were 400 for pyriproxyfen or its metabolites to development. However, according to ppm (23.5 mg/kg/day for males, 27.7 reach ground or surface water that may mg/kg/day for females) in rats, 1,000 Valent this mechanism-of-action in be used for drinking water. Because of ppm (149.4 mg/kg/day for males, 196.5 target insects and other some arthropods the physical properties of pyriproxyfen, mg/kg/day for females) in mice, and 100 has no relevance to any mammalian it is unlikely that pyriproxyfen or its mg/kg/day in dogs. endocrine system. While specific tests, 5. Chronic toxicity. Pyriproxyfen uniquely designed to evaluate the metabolites can leach to potable technical has been tested in chronic potential effects of pyriproxyfen on groundwater. To quantify potential studies with dogs, rats and mice. mammalian endocrine systems have not exposure from drinking water, surface Pyriproxyfen technical was been conducted, the toxicology of water concentrations for pyriproxyfen administered to dogs in capsules at pyriproxyfen has been extensively were estimated using GENEEC 1.3. The doses of 0, 30, 100, 300 and 1,000 mg/ evaluated in acute, sub-chronic, average 56–day concentration predicted kg/day for 1–year. Dogs exposed to dose chronic, developmental, and in the simulated pond water was 0.16 levels of 300 mg/kg/day or higher reproductive toxicology studies ppb. Using standard assumptions about showed decreased weight gain, including detailed histopathology of body weight and water consumption, increased absolute and relative liver numerous tissues. The results of these the chronic exposure to pyriproxyfen weight, mild anemia, increased studies show no evidence of any from this drinking water would be 4.57 cholesterol and triglycerides in both endocrine-mediated effects and no x 10-6 and 1.6 x 10-5 mg/kg bw/day for sexes and slight anemia in males. The pathology of the endocrine organs. adults and children, respectively; NOAEL in this study was 100 mg/kg/ Consequently, Valent concludes that 0.0046 percent of the RfD (0.35 mg/kg/ day. Pyriproxyfen technical was pyriproxyfen does not possess day) for children. Based on this worse administered to mice at doses of 0, 120, estrogenic or endocrine disrupting case analysis, Valent concludes that the 600 and 3,000 ppm in diet for 78– properties applicable to mammals. contribution of water to the dietary risk weeks. The NOAEL for systemic effects 8. Neurotoxicity. Neither neurotoxic is negligible. in this study was 600 ppm (84 mg/kg/ symptoms nor any other indication of 2. Non-dietary exposure. Pyriproxyfen day in males, 109.5 mg/kg/day in neurotoxicity has been observed in any is the active ingredient in numerous females), and a lowest observed adverse of the acute, subchronic, chronic, registered products for household use — effect (LOAEL) of 3,000 ppm (420 mg/ developmental, or reproductive studies primarily for indoor, non-food kg/day in males, 547 mg/kg/day in performed with pyriproxyfen. applications by consumers. The females) was established based on an 9. Toxicological endpoints. EPA has consumer uses of pyriproxyfen typically increase in kidney lesions. established a reference dose (RfD) for do not involve chronic exposure. In a 2–year study in rats, pyriproxyfen pyriproxyfen of 0.35 mg/kg bw/day, Instead, consumers are exposed technical was administered in the diet based on the NOAEL from the rat 2–year intermittently to a particular product at levels of 0, 120, 600, and 3,000 ppm. chronic/carcinogenicity study and a (e.g., pet care pump spray) containing The NOAEL for systemic effects in this safety factor of 100. However, the pyriproxyfen. Since pyriproxyfen has a study was 600 ppm (27.31 mg/kg/day in Agency has not yet identified acute or relatively short elimination half-life, males, 35.1 mg/kg/day in females). A short term toxicity endpoints of concern cumulative toxicological effects LOAEL of 3,000 ppm (138 mg/kg/day in for oral, inhalation, or dermal exposure. resulting from bioaccumulation are not males, 182.7 mg/kg/day in females) was Pyriproxyfen is classified as Category E: plausible following short-term, established based on a depression in Not carcinogenic in two acceptable intermittent exposures. Further, body weight gain in females. animal studies. 6. Animal metabolism. The pyriproxyfen is short-lived in the absorption, tissue distribution, C. Aggregate Exposure environment and this indoor domestic metabolism and excretion of 14C-labeled 1. Dietary exposure. An evaluation of use of pyriproxyfen provides only pyriproxyfen were studied in rats after chronic dietary exposure to include relatively short-term reservoirs. Thus, single oral doses of 2 or 1,000 mg/kg bw drinking water has been performed for consumer use of these products results (phenoxyphenyl and pyridyl label), and the U.S. Population and various sub- in acute and short term intermittent after a single oral dose of 2 mg/kg bw populations including infants and exposures. (phenoxyphenyl label only) following children. Because no acute dietary No acute dermal, or inhalation dose or 14 daily oral doses at 2 mg/kg bw of endpoint for pyriproxyfen residues was endpoint was identified in the toxicity unlabelled material. For all dose groups, determined, the Agency concludes that data for pyriproxyfen. Similarly, doses most (88–96%) of the administered there is a reasonable certainty of no and endpoints were not identified for radiolabel was excreted in the urine and harm from acute exposure from drinking short and intermediate term dermal or feces within two days after radiolabeled water. inhalation exposure to pyriproxyfen. test material dosing, and 92–98% of the i. Food. Chronic dietary exposure to There are reasonable certainties of no administered dose was excreted within pyriproxyfen residues was calculated harm from acute, short term, and seven days. Seven days after dosing, for the U.S. population and 26 intermediate term dermal and tissue residues were generally low, population subgroups assuming inhalation occupational and residential accounting for no more than 0.3% of the tolerance level residues and 100% of the exposures due to the lack of significant dosed 14C. Radiocarbon concentrations crop treated. Chronic dietary exposure toxicological effects observed. Thus, no in fat were the highest in tissues was at or below 0.705 % of the reference detailed exposure and risk analyses for analyzed. Recovery in tissues over time dose. Generally speaking, the Agency non-dietary exposures to pyriproxyfen indicates that the potential for has no cause for concern if total residue are necessary.
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D. Cumulative Effects pyriproxyfen, FFDCA section 408 Washington, DC 20460; telephone According to Valent there are no other provides that EPA shall apply an number: (703) 308–3194; e-mail address: pesticidal compounds that are additional margin of safety, up to ten- [email protected]. structurally related to pyriproxyfen and fold, for added protection for infants SUPPLEMENTARY INFORMATION: and children in the case of threshold have similar effects on animals. In I. General Information consideration of potential cumulative effects unless EPA determines that a effects of pyriproxyfen and other different margin of safety will be safe for A. Does this Action Apply to Me? substances that may have a common infants and children. The toxicological data base for You may be affected by this action if mechanism of toxicity, there are you are an agricultural producer, food currently no available data or other evaluating pre- and post-natal toxicity for pyriproxyfen is complete with manufacturer or pesticide manufacturer. reliable information indicating that any Potentially affected categories and toxic effects produced by pyriproxyfen respect to current data requirements. There are no special pre- or post-natal entities may include, but are not limited would be cumulative with those of other to: chemical compounds. Thus, only the toxicity concerns for infants and children, based on the results of the rat potential risks of pyriproxyfen have Examples of poten- and rabbit developmental toxicity NAICS been considered in this assessment of Categories codes tially affected aggregate exposure and effects. Valent studies or the 2–generation reproductive entities will submit information for EPA to toxicity study in rats. Valent concludes that reliable data support use of the Industry 111 Crop production consider concerning potential 112 Animal production cumulative effects of pyriproxyfen standard 100–fold uncertainty factor and that an additional uncertainty factor 311 Food manufacturing consistent with the schedule established 32532 Pesticide manufac- by EPA at 62 Federal Register 42020 is not needed for pyriproxyfen to be turing (August 4, 1997) and other subsequent further protective of infants and EPA publications pursuant to the Food children. This listing is not intended to be Quality Protection Act. F. International Tolerances exhaustive, but rather provides a guide for readers regarding entities likely to be There are no Codex MRLs for E. Safety Determination affected by this action. Other types of pyriproxyfen. 1. U.S. population—i. Chronic dietary entities not listed in the table could also exposure and risk. Using the Tier I [FR Doc. 01–8140 Filed 4–3–01;8:45 am] be affected. The North American dietary exposure assessment, calculated BILLING CODE 6560–50–S Industrial Classification System chronic dietary exposure resulting from (NAICS) codes have been provided to residue exposure from existing and assist you and others in determining ENVIRONMENTAL PROTECTION proposed uses of pyriproxyfen is whether or not this action might apply AGENCY minimal. The estimated chronic dietary to certain entities. If you have questions exposure from food for the overall U.S. [PF–1013; FRL–6772–5] regarding the applicability of this action Population and many non-child/infant to a particular entity, consult the person subgroups is from 0.000338 to 0.000652 Notice of Filing a Pesticide Petition to listed under FOR FURTHER INFORMATION mg/kg bw/day, 0.097 to 0.186 per cent Establish a Tolerance for a Certain CONTACT. of the RfD. Addition of the small but Pesticide Chemical in or on Food B. How Can I Get Additional worse case potential chronic exposure AGENCY: Environmental Protection Information, Including Copies of this from drinking water (calculated above) Agency (EPA). Document and Other Related increases exposure by only 4.57 x 10-6 ACTION: Documents? mg/kg bw/day and does not change the Notice. maximum occupancy of the RfD SUMMARY: This notice announces the 1. Electronically. You may obtain significantly. Generally, the Agency has initial filing of a pesticide petition electronic copies of this document, and no cause for concern if total residue proposing the establishment of certain other related documents that contribution is less than 100 percent of regulations for residues of a certain might be available electronically, from the RfD. It can be concluded that there pesticide chemical in or on various food the EPA Internet Home Page at http:// is a reasonable certainty that no harm commodities. www.epa.gov/. To access this document, on the Home Page select will result to the overall U.S. Population DATES: Comments, identified by docket ‘‘Laws and Regulations,’’ ‘‘Regulations and infants and children from aggregate, control number PF–1013, must be and Proposed Rules,’’ and then look up chronic exposure to pyriproxyfen received on or before May 4, 2001. residues. the entry for this document under the ADDRESSES: ii. Acute dietary exposure and risk. Comments may be ‘‘Federal Register—Environmental An acute dietary dose and endpoint was submitted by mail, electronically, or in Documents.’’ You can also go directly to not identified. Thus, the risk from acute person. Please follow the detailed the Federal Register listings at http:// aggregate exposure is considered to be instructions for each method as www.epa.gov/fedrgstr/. negligible. provided in Unit I.C. of the 2. In person. The Agency has iii. Non-dietary exposure and SUPPLEMENTARY INFORMATION. To ensure established an official record for this aggregate risk. Acute, short term, and proper receipt by EPA, it is imperative action under docket control number PF– intermediate term dermal and that you identify docket control number 1013. The official record consists of the inhalation risk assessments for PF–1013 in the subject line on the first documents specifically referenced in residential exposure are not required page of your response. this action, any public comments due to the lack of significant FOR FURTHER INFORMATION CONTACT: By received during an applicable comment toxicological effects observed. mail: Shaja R. Brothers, Registration period, and other information related to 2. Infants and children. In assessing Division (7505W), Office of Pesticide this action, including any information the potential for additional sensitivity of Programs, Environmental Protection claimed as confidential business infants and children to residues of Agency, 1200 Pennsylvania Ave., NW., information (CBI). This official record
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includes the documents that are you submit to EPA in response to this List of Subjects physically located in the docket, as well document as CBI by marking any part or as the documents that are referenced in all of that information as CBI. Environmental protection, those documents. The public version of Information so marked will not be Agricultural commodities, Feed the official record does not include any disclosed except in accordance with additives, Food additives, Pesticides information claimed as CBI. The public procedures set forth in 40 CFR part 2. and pests, Reporting and recordkeeping version of the official record, which In addition to one complete version of requirements. includes printed, paper versions of any the comment that includes any Dated: March 20, 2001. electronic comments submitted during information claimed as CBI, a copy of James Jones, an applicable comment period, is the comment that does not contain the available for inspection in the Public Director, Registration Division, Office of information claimed as CBI must be Pesticide Programs. Information and Records Integrity submitted for inclusion in the public Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. Summary of Petition #2, 1921 Jefferson Davis Highway, Information not marked confidential The petitioner summary of the Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version pesticide petition is printed below as Monday through Friday, excluding legal of the official record without prior required by section 408(d)(3) of the holidays. The PIRIB telephone number notice. If you have any questions about FFDCA. The summary of the petition is (703) 305–5805. CBI or the procedures for claiming CBI, was prepared by the petitioner and please consult the person identified C. How and to Whom Do I Submit represents the view of the petitioners. under FOR FURTHER INFORMATION Comments? EPA is publishing the petition summary CONTACT. You may submit comments through verbatim without editing it in any way. the mail, in person, or electronically. To E. What Should I Consider as I Prepare The petition summary announces the ensure proper receipt by EPA, it is My Comments for EPA? availability of a description of the analytical methods available to EPA for imperative that you identify docket You may find the following control number PF–1013 in the subject the detection and measurement of the suggestions helpful for preparing your pesticide chemical residues or an line on the first page of your response. comments: 1. By mail. Submit your comments to: explanation of why no such method is Public Information and Records 1. Explain your views as clearly as needed. Integrity Branch (PIRIB), Information possible. 2. Describe any assumptions that you Interregional Research Project Number Resources and Services Division 4 (IR-4) (7502C), Office of Pesticide Programs used. (OPP), Environmental Protection 3. Provide copies of any technical 0E6184 and 0E6075 Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that EPA has received pesticide petitions Washington, DC 20460. support your views. (0E6184 and 0E6075) from the 2. In person or by courier. Deliver 4. If you estimate potential burden or your comments to: Public Information Interregional Research Project Number 4 costs, explain how you arrived at the (IR-4), Technology Centre of New Jersey, and Records Integrity Branch (PIRIB), estimate that you provide. Information Resources and Services 681 US Highway #1 South, North 5. Provide specific examples to Brunswick, NJ 08902–3390 proposing, Division (7502C), Office of Pesticide illustrate your concerns. Programs (OPP), Environmental pursuant to section 408(d) of the Federal 6. Make sure to submit your Protection Agency, Rm. 119, Crystal Food, Drug, and Cosmetic Act (FFDCA), comments by the deadline in this Mall #2, 1921 Jefferson Davis Highway, 21 U.S.C. 346a(d), to amend 40 CFR part notice. Arlington, VA. The PIRIB is open from 180 by establishing tolerances for 8:30 a.m. to 4 p.m., Monday through 7. To ensure proper receipt by EPA, residues of the insecticide, cyfluthrin, Friday, excluding legal holidays. The be sure to identify the docket control (cyano(4-fluoro-3- PIRIB telephone number is (703) 305– number assigned to this action in the phenoxyphenyl)methyl-3-(2,2- 5805. subject line on the first page of your dichloroethenyl)-2,2- 3. Electronically. You may submit response. You may also provide the dimethylcyclopropanecarboxylate in or your comments electronically by e-mail name, date, and Federal Register on southern pea at 0.23 parts per to: [email protected], or you can citation. million (ppm) and dry peas (pigeon peas, chickpeas/garbanzo beans, lentils) submit a computer disk as described II. What Action is the Agency Taking? above. Do not submit any information at 0.05 ppm. EPA has determined that electronically that you consider to be EPA has received a pesticide petition the petitions contain data or information CBI. Avoid the use of special characters as follows proposing the establishment regarding the elements set forth in and any form of encryption. Electronic and/or amendment of regulations for section 408(d)(2) of the FFDCA; submissions will be accepted in residues of a certain pesticide chemical however, EPA has not fully evaluated Wordperfect 6.1/8.0 or ASCII file in or on various food commodities the sufficiency of the submitted data at format. All comments in electronic form under section 408 of the Federal Food, this time or whether the data support must be identified by docket control Drug, and Comestic Act (FFDCA), 21 granting of the petitions. Additional number PF–1013. Electronic comments U.S.C. 346a. EPA has determined that data may be needed before EPA rules on may also be filed online at many Federal this petition contains data or these petitions. This notice contains a Depository Libraries. information regarding the elements set summary prepared by the registrant, forth in section 408(d)(2); however, EPA Bayer Corporation, Box 4913, Kansas D. How Should I Handle CBI That I has not fully evaluated the sufficiency City, MO 64120–0013. Want to Submit to the Agency? of the submitted data at this time or A. Residue Chemistry Do not submit any information whether the data support granting of the electronically that you consider to be petition. Additional data may be needed 1. Plant metabolism. The metabolism CBI. You may claim information that before EPA rules on the petition. of cyfluthrin in plants is adequately
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understood. The residue of concern is maternal LOAEL was 4.7 mg/m3. The the levels tested, thus the NOAEL for cyfluthrin. developmental NOAEL was 0.59 mg/m3 this 3–month rat feeding study was 15 2. Analytical method. Adequate and the developmental LOAEL was 1.1 mg/kg/day for both sexes. analytical methodology (gas/liquid mg/m3 based on increases in the ii. Six–month dog feeding study. chromatography with an electron incidence of runts and skeletal Cyfluthrin was administered in the diet capture detector) is available for anomalies in the sternum (at 1.1 mg/m3 to dogs at 0, 65, 200 or 600 ppm enforcement purposes. (and higher)). Increases in post- (equivalent to 0, 1.62, 5 or 15 mg/kg/ 3. Magnitude of residues. Complete implantation losses and decreases in day) for 26 weeks. The LOAEL for this residue data for cyfluthrin on southern pup weights were observed at 4.7 mg/ study was 15 mg/kg/day for both sexes, pea and dry peas have been submitted. m3 (and higher), and increased based on neurological effects (hindlimb The data support the requested incidences of late embryonic deaths, in abnormalities) and gastrointestinal tolerances. skeletal anomalies in the extremities, disturbances. The NOAEL was 5 mg/kg/ B. Toxicological Profile pelvis, skull and microphthalmia was day for males and females. observed at 23.7mg/m3. iii. Twenty-one–day dermal study in 1. Acute toxicity. The required In a third study, cyfluthrin was rats. In a 21–day repeated dose dermal toxicity studies for acute oral lethal dose administered to female rats at 0.46, 2.55, toxicity study, male and female rats ≥ (LD)50 16.2 milligrams/kilograms (mg/ 11.9 or 12.8 mg/m3 exposure levels for were treated with cyfluthrin by dermal kg), dermal LD50 >5,000 mg/kg, gestational days 6–15 in a nose only occlusion at target doses of 0, 100, 340, ≥ inhalation lethal concentration (LC)50 inhalation chamber. The rats were or 1,000 mg/kg/day for 6 hours/day 0.468 mg/Liter (L), primary eye exposed to the test material 6 hr/day, 7 (average actual dose levels were 0, 113, irritation (category III), primary dermal days/week. Both the maternal NOAEL 376, or 1,077 mg/kg/day). No mortality irritation (category IV), and dermal and LOAEL were <0.46 mg/m3 based on was observed, and there were no sensitization have been conducted. decreased body weight gain and treatment-related effects on body Cyfluthrin is not a dermal sensitizer. reduced relative food efficiency. The weight, ophthalmology, organ weights, 2. Genotoxicity. Mutagenicity tests developmental NOAEL and LOAEL clinical biochemistry, or hematology. were conducted including three reverse were 0.46 mg/m3 and 2.55 mg/m3 The LOAEL for dermal effects was 376 mutation assays (Salmonella respectively, based on reduced fetal and mg/kg/day for male and female Sprague- typhimurium, E. coli and placental weight, reduced ossification in Dawley rats based on gross and Saccharomyces cerevisiae); one reverse the phalanx, metacarpals and vertebrae. histological skin lesions. The NOAEL mutation, mitotic recombination and Cyfluthrin was administered in the for dermal effects for technical conversion assay in Saccharomyces diet to male and female rats in dose Baythroid was 113 mg/kg/day. The cerevisiae; one Chinese hamster ovary/ levels of 0, 50, 150, or 450 ppm (actual LOAEL for systemic effects was 1,077 hypoxanthine guanine phophoribosyl animal intake; 0, 2.5, 7.5, or 22.5 mg/kg/ mg/kg/day based on decreased food transferase (CHO/HGPRT) assay; one day). The LOAEL for parental toxicity consumption, red nasal discharge and sister chromatid exchange assay in CHO was 450 ppm (22.5 mg/kg/day) based on urine staining. The NOAEL for systemic cells; and one unscheduled DNA decreased body weight gains. The effects was 376 mg/kg/day. synthesis (UDS) assay in primary rate NOAEL for parental toxicity is 150 ppm iv. Three–week inhalation toxicity hepatocytes. All studies were negative (7.5 mg/kg/day). The LOAEL for studies in rats. SPF-Wistar rats were for mutagenicity. reproductive toxicity was 150 ppm (7.5 dynamically exposed by nose-only 3. Developmental and reproductive mg/kg/day) based on decreased viability inhalation to cyfluthrin at toxicity— i.Oral developmental study in and lactational indices and decreased concentrations of 0, 2.3, 11.5, or 69.6 rats/rabbits. Cyfluthrin was pup body weight gains. The mg/kg/day for 6 hours/day, 5 administered via gavage to pregnant reproductive NOAEL was 50 ppm (2.5 consecutive days/week for 3 weeks female rats during days 6–15 of mg/kg/day). (total of 15 exposures). The LOAEL was gestation at dose levels of 0, 1, 3, or 10 4. Subchronic toxicity—28 day oral 2.3 mg/m3, based on the treatment- mg/kg/day. The maternal lowest toxicity studies in rats. Cyfluthrin was related effects on body weight and observed adverse effect level (LOAEL) administered to SPF-Wistar rats via temperature observed during the 3– was not observed. The maternal no gavage at 0, 5, 20, or 80 (40) mg/kg/day. week exposure period. A NOAEL was observed adverse effect level (NOAEL) The high dose was 80 mg/kg/day during not established; therefore this study was is ≥10 mg/kg/day. A developmental the first and third weeks and 40 mg/kg/ repeated using lower doses. LOAEL was not observed. The day during the second and fourth SPF-Wistar rats were dynamically developmental NOAEL is ≥10 mg/kg/ weeks. The LOAEL was 80 (40) mg/kg/ exposed by nose-only inhalation to day. day in both sexes based on clinical signs cyfluthrin at concentrations of 0, 0.4, ii. Developmental studies via of nerve toxicity, decreases in body 1.4, or 10.5 mg/m3 for 6 hours/day, 5 inhalation in rats. In the first study, weight gain, and changes in liver and consecutive days/week for 3 weeks pregnant female rats at day 0 gestation adrenal weights. The NOAEL was 20 (total of 15 exposures). The LOAEL was were exposed head-only to cyfluthrin mg/kg/day. 10.5 mg/m3, based on the treatment- concentrations of 0, 1.1, 4.7 or 23.7 mg/ Rats were dosed with cyfluthrin in the related behavioral effects as well as m3/day for 6 hours/day on gestation diet at 0, 100, 300, or 1,000 ppm effects on body and organ (spleen) days 6–15. (equivalent to 0, 5, 15,or 50 mg/kg/day). weights. The NOAEL is 1.4 mg/m3. In the second study, the dams were The LOAEL was 15 mg/kg/day in both v. Thirteen–week inhalation study in exposed to analytical concentrations of sexes based on decreased blood glucose. rats. Rats were dynamically exposed by 0, 0.09, 0.25, 0.59 or 4.2 mg/m3 of the The NOAEL was 5 mg/kg/day. head-only inhalation to cyfluthrin at test material. The dams were sacrificed i. Three–month rat feeding study. concentrations of 0, 0.09, 0.71, or 4.51 on day 20 and their pups removed by SPF-Wistar rats were dosed with mg/m3 for 6 hours/day, 5 consecutive caesarian section. Based on reduced cyfluthrin in the diet at 0, 30, 100, or days/week for 13 weeks. All animals motility, dyspnea, piloerection, 300 ppm (equivalent to 0, 1.5, 5, or 15 survived the 13–week study, and no ungroomed coats and eye irritation, the mg/kg/day) for 3 months. No treatment treatment-related changes were maternal NOAEL was 1.1 mg/m3 and the related effects were observed at any of observed in organ weight, gross
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pathology and histopathology. The the studies conducted with cyfluthrin, 10,062 at the 99.9th percentile. The LOAEL was 0.71 mg/m3, based on the thus, there is no indication at this time exposure estimates in this dietary treatment-related behavioral effects in that cyfluthrin causes endocrine effects. analysis are within EPA’s criteria of females as well as the increased urinary acceptability of the 99.9th percentile. C. Aggregate Exposure protein in males. The NOAEL was 0.09 b. Chronic. In the analysis for the mg/m3. 1. Dietary exposure. Cyfluthrin is chronic dietary (food only) risk 5. Chronic toxicity—1–year dog study. pyrethroid insecticide currently assessment the anticipated residue Cyfluthrin was fed to beagle dogs at 0, registered for use in alfalfa, citrus, sweet values used were determined from field 40, 160, or 640 ppm (equivalent to 0, 1, corn, cotton, sorghum, sunflower, trail data conducted at maximum 4, or 16 mg/kg/day) for 52 weeks. The sugarcane, carrots, peppers, radishes, application rates and minimum NOAEL was 4 mg/kg body weight/day. potatoes and tomatoes. In addition, it preharvest intervals. Mean anticipated The LOAEL was 16 mg/kg body weight/ has an import tolerance for hops. residues values were calculated day for both sexes, based on slight Various formulations are registered for substituting half of the limit of ataxia in two dogs on single occasions, use in food handling establishments. quantitation (LOQ) for those samples for decreased body weight in males, and on These assessments include which residues were reported below the observations of increased vomiting and contributions from crops with LOQ. For the analysis current registered diarrhea at the high dose. The NOAEL established tolerances and proposed uses plus the added contribution for dry is 4 mg/kg body weight/day. uses on dry peas (including pigeon peas, garden peas, lentils, pigeon peas, i. Chronic/carcinogenicity rat. chick peas/garbanzo beans, lentils) and garbanzo beans/chick peas and southern Cyfluthrin was administered for 24 southern peas. peas were used. months in the diet to rats at dose levels i. Food. For purposes of assessing the Bayer’s chronic dietary analysis of 0, 50, 150, or 450 ppm (equivalent to potential acute and chronic dietary estimated the chronic population 2.02, 6.19, or 19.20 mg/kg body weight/ exposure, Bayer has estimated acute and adjusted dose (cPAD) for the overall U. day in males and 2.71, 8.15, or 25.47 chronic exposure for all registered S. population (all seasons) and the mg/kg/day in females based on food crops, uses pending with the EPA for subpopulations nursing infants (< 1 consumption and body weights). The soybeans and field corn, and new year), non-nursing infants (< 1 year), all chronic LOAEL was 150 ppm proposed uses on dry peas and southern infants (< 1 year), children (1–6 years), (equivalent to 6.19 mg/kg/day in males peas. children (7–12 years), females (13–19 and 8.15 mg/kg/day in females) based Novigen Sciences, Inc.’s Dietary years), males (13–19 years). In this on decreased body weights in the high- Exposure Evaluation Model (DEEM ), chronic analysis, the most highly dose animals and the mid-dose males. which is licensed to Bayer, was used to exposed population subgroup, children The chronic NOAEL was 50 ppm estimate the chronic and acute dietary (1–6 years), the exposure was estimated (equivalent to 2.02 mg/kg/day in males exposure. This software used the food to be 3.4% of the cPAD. Chronic dietary and 2.71 mg/kg/day in females). Under consumption data for the 1994–1996 exposure estimates for the overall U.S. the conditions of this study, there was USDA Continuing Surveys of Food population were 1.2% of the cPAD no evidence of carcinogenic potential. Intake by Individuals (CSFII 1994– (0.008 mg/kg bw/day). ii. Chronic/carcinogenicity mouse. 1996). Results from the acute and chronic Cyfluthrin was administered in the diet a. Acute. The acute dietary (food) risk dietary exposure analyses demonstrate a for 23 months to mice at dose levels of assessment was conducted using a reasonable certainty that no harm to the 0, 50, 200, or 800 ppm (equivalent to Monte Carlo analysis (Tier 3). The overall U. S. population or any 11.6, 45.8, or 194.5 mg/kg/day in males anticipated residue values used were population subgroup will result from and 15.3, 63.0, or 259.9 in females based determined from field trial data the use of cyfluthrin on currently on food consumption and body reflecting maximum application rates registered and the pending IR-4 uses on weights). There were no treatment and minimum preharvest intervals. dry peas, pigeon peas, chick peas/ related changes noted in the clinical Field trial residue distributions were garbanzo beans, lentils, and southern observation, food consumption, used in the Monte Carlo simulation for peas. hematology, gross observation, organ those foods identified as single-serving ii. Drinking water. Cyfluthrin is weight, and microscopic data. The commodities. For those foods immobile in soil, therefore, will not chronic LOAEL is 50 ppm (equivalent to considered to be blended or processed, leach into groundwater. Additionally, 11.6 mg/kg/day in males and 15.3 mg/ mean field trial residues were due the insolubility and lipophilic kg/day in females) based on increased calculated. For the analysis current nature of cyfluthrin, any residues in alkaline phosphatase activity in the registered uses plus the added surface water will rapidly and tightly dosed males. A chronic NOAEL was not contribution for dry garden peas, lentils, bind to soil particles and remain with established in male and female mice. pigeon peas, garbanzo beans/chick peas sediment, therefore not contributing to Under the conditions of this study, there and southern peas were used. potential dietary exposure from was no evidence of carcinogenic Bayer’s acute Monte Carlo dietary drinking water. potential. exposure assessment estimated percent The EPA estimates potential 6. Animal metabolism. Metabolism of the aPAD and corresponding margins concentrations of cyfluthrin in water studies in rats showed that cyfluthrin is of exposure (MOE) for the overall U.S. using the Pesticide Root Zone Model rapidly absorbed and excreted, mostly population, (all seasons), and the (PRZM 1) and Exposure Analysis as conjugated metabolites in the urine, subpopulations all infants (< 1 year), Modeling System (EXAMS) computer within 48 hours. An enterohepatic nursing infants (< 1 year), non-nursing models. The estimated environmental circulation was observed. infants (<1 year), children (6–12 years), concentration (EECs) of cyfluthrin 7. Metabolite toxicology. No children (7–12 years), females (13–19 residues are 0.236 part per billion (ppb) toxicology data have been required for years) and males (13–19 years). In this for acute surface water and 0.044 ppb cyfluthrin metabolites. The residue of acute analysis, the most highly exposed for chronic surface water. concern is cyfluthrin. population subgroup, non-nursing The comparison of EECs to the back- 8. Endocrine disruption. There is no infants (< 1 year), had an exposure equal calculated human health drinking water evidence of endocrine effects in any of to 2.84% of the aPAD and a MOE of levels of comparison (DWLOCs) for
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acute and chronic exposures are summarized in the following tables 1 and 2:
TABLE 1.—DRINKING WATER LEVELS OF COMPARISON FOR ACUTE EXPOSURE TO CYFLUTHRIN
aPAD mg/ Food Expo- Max. Water DWLOC Estimated Environmental Population Category sure mg/kg/ Exposure µ Concentration (acute kg/day day mg/kg/day g/L Surface Water)
U.S. Population Male 0.07 0.001336 0.0687 2404 0.236 U.S. Population Female 0.07 0.001336 0.0687 2061 0.236 Infant (non-nursing, <1 yr) 0.07 0.001988 0.0501 501 0.236
TABLE 2: DRINKING WATER LEVEL OF COMPARISON FOR CHRONIC EXPOSURE TO CYFLUTHRIN
cPAD mg/ Food Expo- Max. Water DWLOC Estimated Environmental Population Category sure mg/kg/ Exposure µ Concentration (chronic kg/day day mg/kg/day g/L Surface Water)
U.S. Population Male 0.008 0.000095 0.0079 277 0.044 U.S. Population Female 0.008 0.000095 0.0079 237 0.044 Children (1–6 yrs) 0.008 0.000271 0.0077 77 0.044
As indicated in Tables 1 and 2 above, cyfluthrin products. The chronic dietary 2. Infants and children. FFDCA the environmental concentrations of exposures were expressed as an oral Section 408 provides that EPA may cyfluthrin residues for acute and absorbed dose to combine with the non- apply an additional safety factor for chronic surface water are less than the dietary systemic absorbed doses for infants and children. The additional calculated drinking water level of comparison to a systemic absorbed safety factor may be used when prenatal comparisons for acute and chronic NOAEL. Results for each potential and postnatal threshold effects were exposure and demonstrates a reasonable exposed subpopulation (of adults, observed in studies or to account for certainty that no harm to the overall U. children 1–6 years, and infants <1 year) incompleteness of the toxicity database. S. population or any population were compared to the systemic absorbed The results of the 3–generation study subgroup will result from the use of dose NOAEL for cyfluthrin. in rats provided evidence suggesting cyfluthrin on currently registered and D. Cumulative Effects the pending IR-4 uses on dry peas, and that, with respect to effects of cyfluthrin on body weight, pups were more southern peas. Bayer will submit information for sensitive than adult rats. Thus, the EPA to consider concerning potential 2. Non-dietary exposure. Non- Agency determined that an additional 3- occupational exposure to cyfluthrin may cumulative effects of cyfluthrin consistent with the schedule established fold uncertainty factor (UF) should be occur as a result of inhalation or contact used in risk assessments to ensure from indoor residential, indoor by EPA on August 4, 1997 (62 FR 42020) adequate protection of infants and commercial, and outdoor residential (FRL–5734–6) and other EPA children. uses. Pursuant to the requirements of publications pursuant to the FQPA. Generally, the EPA considers margins FIFRA as amended by the Food Quality E. Safety Determination Protection Act of 1996 (FQPA), non- of exposure of at least 100 to indicate an dietary and aggregate risk analyses for 1. U.S. population. Based on the adequate degree of safety. With an cyfluthrin were conducted. The exposure assessments described above additional 3X uncertainty factor, this analyses include evaluation of potential and on the completeness and reliability would be 300 for infants and children. non-dietary acute application and post- of the toxicity data, it can be concluded Using the exposure assessments application exposures. Non- that total aggregate exposure to described above and based on the occupational, non-dietary exposure was cyfluthrin from all label uses will utilize described toxicity data aggregate assessed based on the assumption that less than 1.2% of the cPAD for chronic exposure to infants and children a flea infestation control scenario dietary exposures and that margins of indicate a margin of exposure in excess represents a ‘‘worst case ’’ scenario. For exposure in excess of 1,000 exist for of 3,800. Thus, it can be concluded that the flea control infestation scenario aggregate exposure to cyfluthrin for non- there is a reasonable certainty that no indoor fogger, and professional occupational exposure. EPA generally harm will result to infants and children residential turf same day treatments has no concerns for exposures below from aggregate exposure to cyfluthrin were included for cyfluthrin. 100 percent of the reference dose (RfD), residues. Deterministic (point values) were used because the RfD represents the level at to present a worse case upper-bound or below which daily aggregate F. International Tolerances estimate of non-dietary exposure. The exposure over a lifetime will not pose non-dietary exposure estimates were appreciable risks to human health. There are Codex Maximum residue expressed as systemic absorbed doses Margins of exposure of 100 or more (300 level (MRLs) for maize of 0.05 ppm, and for a summation of inhalation, dermal, for infants and children) also indicate sweet corn of 0.02 ppm. and incidental ingestion exposures. an adequate degree of safety. Thus, it [FR Doc. 01–8142 Filed 4–3–01; 8:45 am] These worst-case non-dietary exposures can be concluded that there is a BILLING CODE 6560–50–S were aggregated with chronic dietary reasonable certainty that no harm will exposures to evaluate potential health result from aggregate exposure to risks that might be associated with cyfluthrin residues.
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ENVIRONMENTAL PROTECTION Industrial Classification System (7502C), Office of Pesticide Programs AGENCY (NAICS) codes have been provided to (OPP), Environmental Protection assist you and others in determining Agency, 1200 Pennsylvania Ave., NW., [PF–1001; FRL–6770–7] whether or not this action might apply Washington, DC 20460. 2. In person or by courier. Deliver Notice of Filing a Pesticide Petition to to certain entities. If you have questions regarding the applicability of this action your comments to: Public Information Establish a Tolerance for a Certain to a particular entity, consult the person and Records Integrity Branch (PIRIB), Pesticide Chemical in or on Food listed under FOR FURTHER INFORMATION Information Resources and Services AGENCY: Environmental Protection CONTACT. Division (7502C), Office of Pesticide Agency (EPA). Programs (OPP), Environmental B. How Can I Get Additional Protection Agency, Rm. 119, Crystal ACTION: Notice. Information, Including Copies of this Mall #2, 1921 Jefferson Davis Highway, Document and Other Related Arlington, VA. The PIRIB is open from SUMMARY: This notice announces the Documents? initial filing of a pesticide petition 8:30 a.m. to 4 p.m., Monday through proposing the establishment of 1. Electronically. You may obtain Friday, excluding legal holidays. The regulations for residues of a certain electronic copies of this document, and PIRIB telephone number is (703) 305– pesticide chemical in or on various food certain other related documents that 5805. commodities. might be available electronically, from 3. Electronically. You may submit the EPA Internet Home Page at http:// your comments electronically by e-mail DATES: Comments, identified by docket www.epa.gov/. To access this control number PF–1001, must be to: [email protected], or you can document, on the Home Page select received on or before May 4, 2001. submit a computer disk as described ‘‘Laws and Regulations’’ and then look above. Do not submit any information ADDRESSES: Comments may be up the entry for this document under electronically that you consider to be submitted by mail, electronically, or in the ‘‘Federal Register—Environmental CBI. Avoid the use of special characters person. Please follow the detailed Documents.’’ You can also go directly to and any form of encryption. Electronic instructions for each method as the Federal Register listings at http:// submissions will be accepted in provided in Unit I.C. of the www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file SUPPLEMENTARY INFORMATION. To ensure 2. In person. The Agency has format. All comments in electronic form proper receipt by EPA, it is imperative established an official record for this must be identified by docket control that you identify docket control number action under docket control number PF– number PF–1001. Electronic comments PF–1001 in the subject line on the first 1001. The official record consists of the may also be filed online at many Federal page of your response. documents specifically referenced in Depository Libraries. FOR FURTHER INFORMATION CONTACT: By this action, any public comments mail: Andrew Bryceland, Biochemical received during an applicable comment D. How Should I Handle CBI That I Pesticides Branch, Biopesticides and period, and other information related to Want to Submit to the Agency? Pollution Prevention Division (7511C), this action, including any information Do not submit any information Office of Pesticide Programs, claimed as confidential business electronically that you consider to be Environmental Protection Agency, 1200 information (CBI). This official record CBI. You may claim information that Pennsylvania Ave., NW., Washington, includes the documents that are you submit to EPA in response to this DC 20460; telephone number: (703) physically located in the docket, as well document as CBI by marking any part or 305–6928; e-mail address: as the documents that are referenced in all of that information as CBI. [email protected]. those documents. The public version of Information so marked will not be the official record does not include any SUPPLEMENTARY INFORMATION: disclosed except in accordance with information claimed as CBI. The public procedures set forth in 40 CFR part 2. I. General Information version of the official record, which In addition to one complete version of includes printed, paper versions of any A. Does this Action Apply to Me? the comment that includes any electronic comments submitted during information claimed as CBI, a copy of You may be affected by this action if an applicable comment period, is the comment that does not contain the you are an agricultural producer, food available for inspection in the Public information claimed as CBI must be manufacturer or pesticide manufacturer. Information and Records Integrity submitted for inclusion in the public Potentially affected categories and Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. entities may include, but are not limited #2, 1921 Jefferson Davis Highway, Information not marked confidential to: Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version Monday through Friday, excluding legal of the official record without prior Examples of poten- holidays. The PIRIB telephone number notice. If you have any questions about Categories NAICS tially affected codes entities is (703) 305–5805. CBI or the procedures for claiming CBI, C. How and to Whom Do I Submit please consult the person identified Industry 111 Crop production Comments? under FOR FURTHER INFORMATION 112 Animal production CONTACT. 311 Food manufacturing You may submit comments through 32532 Pesticide manufac- the mail, in person, or electronically. To E. What Should I Consider as I Prepare turing ensure proper receipt by EPA, it is My Comments for EPA? imperative that you identify docket You may find the following This listing is not intended to be control number PF–1001 in the subject suggestions helpful for preparing your exhaustive, but rather provides a guide line on the first page of your response. comments: for readers regarding entities likely to be 1. By mail. Submit your comments to: 1. Explain your views as clearly as affected by this action. Other types of Public Information and Records possible. entities not listed in the table could also Integrity Branch (PIRIB), Information 2. Describe any assumptions that you be affected. The North American Resources and Services Division used.
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3. Provide copies of any technical residues or an explanation of why no prolonged contact can cause skin information and/or data you used that such method is needed. irritation. Thymol is currently used as a support your views. flavoring agent in several foods and is Interregional Research Project Number 4. If you estimate potential burden or a major constituent of thyme which is 4 (IR-4) costs, explain how you arrived at the a commercially grown herb used for estimate that you provide. 1E6251 seasoning foods. Thymol is considered 5. Provide specific examples to EPA has received a pesticide petition generally recognized as safe (GRAS) by illustrate your concerns. 1E6251 from Interregional Research the Food and Drug Administration. 6. Make sure to submit your Project Number 4 (IR-4), Technology Thyme and thyme oil are exempted comments by the deadline in this Centre of New Jersey, Rutgers from pesticidal regulation under FIFRA notice. University, 681 U.S. Highway #1 South, section 25(b). Thyme oil contains at 7. To ensure proper receipt by EPA, North Brunswick, NJ 08902-3390, least 36% thymol. be sure to identify the docket control proposing pursuant to section 408(d) of D. Aggregate Exposure number assigned to this action in the the Federal Food, Drug, and Cosmetic subject line on the first page of your Act (FFDCA), 21 U.S.C. 346a(d), to 1. Dietary exposure—i. Food. The response. You may also provide the amend 40 CFR part 180 to establish an potential dietary exposure of the general name, date, and Federal Register exemption from the requirement of a public to thymol residues resulting from citation. tolerance for the biochemical pesticide its use in bee hives for the control of varroa mites is not expected to be II. What Action is the Agency Taking? Thymol in or on the raw agricultural comodities honey and beeswax. significant. The public is exposed to EPA has received a pesticide petition thymol through its use as a direct food as follows proposing the establishment A. Product Name and Proposed Use additive. Thymol is also a naturally and/or amendment of regulations for Practices occuring substance in lime honey and residues of a certain pesticide chemical Thymol, the main component of the thyme (which is used to season many in or on various food commodities herb thyme and API LIFE VAR, has been foods). under section 408 of the Federal Food, shown to control varroa mites in bee ii. Drinking water. It is not anticipated Drug, and Comestic Act (FFDCA), 21 hives. One tablet of API LIFE VAR that residues of thymol will occur in U.S.C. 346a. EPA has determined that (containing thymol) and weighing drinking water due to its low this petition contains data or approximately 20 grams, is broken into application rate and because the use is information regarding the elements set two to three pieces and placed on the considered an indoor use since it is forth in section 408(d)(2); however, EPA top bars of the frames over the brood placed inside bee hives. has not fully evaluated the sufficiency chamber in the autumn after the honey 2. Non-dietary exposure. There may of the submitted data at this time or harvest is complete. After 7 to 8 days be minor amounts of non-dietary whether the data support granting of the the tablet is replaced with a fresh tablet. esposure to thymol from use in mouth petition. Additional data may be needed Then 7 to 8 days later the second tablet washes and medicines. Thyme oil before EPA rules on the petition. is replaced with a third tablet. The third (which contains at least 36% thymol) is tablet is left in the hive for 12 days, after classified as a GRAS substance for use List of Subjects which it is removed form the hive. The as a flavoring agent in food (21 CFR Environmental protection, product label requires the thymol 182.20) and was recently exempted from Agricultural commodities, Feed treatment to be discontinued at least 5 pesticide regulation under FIFRA additives, Food additives, Pesticides months (150 days) prior to harvesting section 25(b) because EPA views it as and pests, Reporting and recordkeeping honey. having minimal risk. Based on the small requirements. amount of thymol and thyme oil used in B. Product Identity/Chemistry these instances, very minimal dietary Dated: March 22, 2001. 1. Identity of the pesticide and exposure is expected. Kathleen Knox, corresponding residues. Thymol is E. Cumulative Exposure Acting Director, Biopesticides and Pollution mixed with other ingredients and then Prevention Division, Office of Pesticide injected into a vermiculite tablet. The Because of the low oral toxicity of Programs. tablets containing 74.08% thymol are thymol and because of the fact that its Summary of Petition then sealed in a vapor proof pouch presence in the diet is, for the most part, (bag). This is the end product. as a naturally-occurring food ingredient, The petitioner summary of the 2. Magnitude of residue at the time of no cumulative mode of exposure is pesticide petition is printed below as harvest and method used to determine expected for thymol and other substance required by section 408(d)(3) of the the residue. Residues in honey varied having a common mechanism of action. FFDCA. This summary was prepared by between 2 ppm and 48 ppm with F. Safety Determination Chemicals Laif and EPA has not fully average being 15 ppm. Residues were evaluated the merits of the pesticide determined via gas chromatography 1. U.S. population. The use of petition. The summary may have been using a flame ionization detector. products containing thymol, which is of edited by EPA if the terminology used 3. Analytical method. An analytical low toxicity and is used in such low was unclear, the summary contained method for residues is not applicable, as concentrations, is compatible with extraneous material, or the summary this proposes an exemption from the EPA’s objectives to register reduced risk unintentionally made the reader requirement of a tolerance. pesticides. Based on the low toxicity, conclude that the findings reflected there is reasonable certainty that no EPA’s position and not the position of C. Mammalian Toxicological Profile harm will result from aggregate the petitioner. The petition summary Thymol is not very toxic via the oral exposure of the U.S. population, announces the availability of a route. Thymol has an acute oral LD50 of including infants and children, to description of the analytical methods 980 mg/kg in rats; 1,800 mg/kg in mice; residues from thymol. This includes all available to EPA for the detection and and 880 mg/kg in guinea pigs. Thymol anticipated dietary exposures and all measurement of the pesticide chemical can cause eye irritation and with other exposures for which there is
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reliable information. There is an Forsyth Street, SW., Atlanta, Georgia Parties: Port of Oakland, Senator inconsequential increase in dietary 30303, (404) 562–8887. Lines GmbH, Cho Yang Shipping exposure resulting from application to Written comments may be submitted Company, Ltd. bee hives. Thymol is applied at low to Ms. Batchelor at the above address Synopsis: The proposed amendment rates and with its proven low toxicity within thirty (30) days of the date of corrects the name of one of the parties and its history of safe use, it does not publication. and extends the term of the agreement pose a safety concern. Dated: March 15, 2001. through May 1, 2001. 2. Infants and children. Based on the Franklin E. Hill, Chief, Dated: March 30, 2001. low toxicity of thymol, there is a CERCLA Program Services Branch, Waste reasonable certainty that no harm to By Order of the Federal Maritime Management Division. Commission. children or adults will result from [FR Doc. 01–8279 Filed 4–3–01; 8:45 am] aggregate exposure to thymol. Bryant L. VanBrakle, BILLING CODE 6560–50–P Exempting thymol from the requirement Secretary. of a tolerance should pose no significant [FR Doc. 01–8288 Filed 4–3–01; 8:45 am] risk to humans. BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION G. Effects on the Immune and Endocrine Systems Notice of Agreement(s) Filed FEDERAL MARITIME COMMISSION Thymol is a naturally occurring The Commission hereby gives notice biochemical. To date there is no of the filing of the following Ocean Transportation Intermediary evidence to suggest that thymol agreement(s) under the Shipping Act of License functions in a manner similar to any 1984. Interested parties can review or Applicants known hormone, or that it acts as an obtain copies of agreements at the endocrine disruptor. Washington, DC offices of the Notice is hereby given that the Commission, 800 North Capitol Street, H. Existing Tolerances following applicants have filed with the NW., Room 940. Interested parties may Federal Maritime Commission an There are no existing tolerances for submit comments on an agreement to application for licenses as Non-Vessel thymol in the United States. the Secretary, Federal Maritime Operating Common Carrier and Ocean I. International Tolerances Commission, Washington, DC 20573, Freight Forwarder—Ocean within 10 days of the date this notice Transportation Intermediary pursuant to There are no known approved CODEX appears in the Federal Register. section 19 of the Shipping Act of 1984 maximum residue levels (MRLs) Agreement No.: 011637–004. as amended (46 U.S.C. app. 1718 and 46 established for residues of thymol. Title: AMPAC Cooperative Working CFR 515). [FR Doc. 01–8280 Filed 4–3–01; 8:45 am] Agreement. Persons knowing of any reason why Parties: Mexican Line Limited, BILLING CODE 6560–50–S the following applicants should not Hamburg Sud, Maruba S.C.A. receive a license are requested to Synopsis: The proposed agreement contact the Office of Transportation amendment authorizes the parties to ENVIRONMENTAL PROTECTION Intermediaries, Federal Maritime operate 11 vessels in a single string AGENCY Commission, Washington, DC 20573. rather than 10 vessels in two separate [FRL–6962–6] strings. The amendment also clarifies Non-Vessel-Operating Common Carrier the earliest date on which notice of Village Custom Radiator Site, Hialeah, Ocean Transportation Intermediary resignation may be given. The parties Florida Notice of Proposed Settlement Applicants have requested expedited review. Geomarine Shipping Inc., 104 S. Central AGENCY: Environmental Protection Agreement No.: 011757. Ave., Suite 18, Valley Stream, NY Agency. Title: CMA CGM/China Shipping 11580, Officers: Philip NG, General Container Lines Cross Space Charter, ACTION: Notice of Proposed Settlement. Manager/President, (Qualifying Sailing and Cooperative Working Individual), Li Li Wang, Vice SUMMARY: Under Section 122(h)(1) of the Agreement. President Comprehensive Environmental Parties: CMA CGM, S.A., China Response, Compensation, and Liability Shipping Container Lines Co., Ltd. J.M.C. Transport Corporation 9133 So. Act (CERCLA), the Environmental Synopsis: The proposed agreement La Cienega Blvd., #120, Inglewood, Protection Agency (EPA) has proposed authorizes the parties to share vessel CA 90301, Officer: Matthew Ma, CEO to settle claims for response costs at the space in the trades between ports on the (Qualifying Individual) Village Custom Radiator Site located in United States West Coast and ports in Italian Seaways International, 11700 Hialeah, Florida (Site), with Emanuel the Far East. N.W. 100 Road, Medley, FL 33178, Alster. EPA will consider public Agreement No.: 011758. Officer: Alexis Roldos, President comments on the proposed settlement Title: CMA CGM/HJS PNX 2 Slot (Qualifying Individual) for thirty (30) days. EPA may withdraw Charter Agreement. Management Consultant Brokerage, Inc., from or modify the proposed settlement Parties: CMA CGM, S.A., Hanjin 802–414 Bergen Street, Newark, NJ should such comments disclose facts or Shipping Co., Ltd. 07108, Officers: Joseph Noonan, considerations which indicate the Synopsis: The proposed agreement Secretary (Qualifying Individual), proposed settlement is inappropriate, authorizes CMA CGM to charter space Suzanne Noonan, President improper, or inadequate. Copies of the on Hanjin’s vessels in the trades Transmate Logistics Corp., 14928 S. proposed settlement are available from: between ports on the United States West Figueroa Street, Gardena, CA 90248, Ms. Paula V. Batchelor, U.S. Coast and ports in the Far East. Officer: Jung Mee Park, President Environmental Protection Agency, Agreement No.: 200006–006. (Qualifying Individual) Region IV, CERCLA Program Services Title: Oakland-Senator-Cho Yang Westham Trade Co. Ltd., 2100 Branch, Waste Management Division, 61 Terminal Agreement. Northwest 102nd Place, Miami, FL
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33172, Officer: Francisco Celedon, Drive, Ft. Lauderdale, FL 33316, Dated: March 30, 2001. President (Qualifying Individual) Officers: Mercedes Leone, Secretary Robert deV. Frierson, Total Freight Service Inc., 10640 Daines (Qualifying Individual) Associate Secretary of the Board. Drive, Temple City, CA 91780, Dockside Management, Inc., 8405 N.W. [FR Doc. 01–8388 Filed 4–2–01; 10:30 am] Officer: Xiao Ming Yao, Account 53rd Street, Suite A–104 Miami, FL BILLING CODE 6210–01–P Manager (Qualifying Individual) 33166, Officer: Clara M. Faya, Vice Freightsmart.com, Inc. d/b/a Saskia President (Qualifying Individual) Container Lines, 4615 Post Oak Place, Suite 145, Houston, TX 77027, Allegheny Brokers Company, Inc., 5389 FEDERAL RETIREMENT THRIFT Officers: William M. Staib, President C.V. Jackson Road, Suite #1 New INVESTMENT BOARD River Valley Airport, Dublin, VA (Qualifying Individual), Ofer Levy, Sunshine Act Meeting Vice President 24084, Officers: Mathews C. Herring, Miami Shipping Services Inc., 6225 Vice President (Qualifying Individual), James Loux, President TIME AND DATE: 10 a.m. (EDT); April 9, S.W. 87th Avenue, Miami, FL 33173, 2001. Officer: Ricardo Arango, President Mares Shreve & Associates Inc., 1035 PLACE: 4th Floor, Conference Room (Qualifying Individual) Andover Park West, Suite 110, Mar-Line Co., 3400 Mesa Drive, Tukwila, WA 98188, Officers: Janice 4506, 1250 H Street, NW., Washington, Houston, TX 77013–3820, Officers: L. Williams, President (Qualifying DC. Hector Garza, President (Qualifying Individual), Daniel A. Sanchez, Vice STATUS: Open. Individual), Gloria Razo, Vice President MATTERS TO BE CONSIDERED: President March 30, 2001. 1. Approval of the minutes of the Trans State Logistics, Inc., 3734 W. Bryant L. VanBrakle, March 12, 2001, Board member meeting. Century Blvd., Unit #7, Inglewood, 2. Thrift Savings Plan activity report Secretary. CA 90303, Officers: Samantha by the Executive Director. Nguyen, Secretary (Qualifying [FR Doc. 01–8289 Filed 4–3–01; 8:45 am] 3. Review of Arthur Andersen annual Individual), Kan Shing Cheng, CEO BILLING CODE 6730–01–P financial audit. Simpson’s Shipping Enterprise, 166 CONTACT PERSON FOR MORE INFORMATION: West First Street, Mount Vernon, NY Thomas J. Trabucco, Director, Office of 10550, Officers: George Simpson, External Affairs, (202) 942–1640. Active Management Partner FEDERAL RESERVE SYSTEM Dated: April 2, 2001. (Qualifying Individual), Linda Morris Sunshine Act Meeting Simpson, Partner Elizabeth S. Woodruff, Secretary to the Board, Federal Retirement Non-Vessel Operating Common Carrier AGENCY HOLDING THE MEETING: Board of Thrift Investment Board. and Ocean Freight Forwarder Governors of the Federal Reserve [FR Doc. 01–8430 Filed 4–2–01; 2:50 pm] Transportation Intermediary System. BILLING CODE 6760–01–M Applicants TIME AND DATE: 11:00 a.m., Monday, Trans-Am Container Line, Inc., 116 W. April 9, 2001. Hazel Street, Inglewood, CA 90302, PLACE: Marriner S. Eccles Federal FEDERAL TRADE COMMISSION Officers: Chan, Cheuk See, Vice Reserve Board Building, 20th and C President (Qualifying Individual), Granting of Request for Early Streets, NW., Washington, DC 20551. Lam, Yuen Sum, President Termination of the Waiting Period Sofilink Logistics Incorporated, 6810 STATUS: Closed. Under the Premerger Notification N.W. 82nd Avenue, Miami, FL 33166, MATTERS TO BE CONSIDERED: Rules Officer: Nelson A. Guillen, President (Qualifying Individual) 1. Personnel actions (appointments, Section 7A of the Clayton Act, 15 Distribution Support Systems, Inc., 6454 promotions, assignments, U.S.C. 18a, as added by Title II of the East Taft Road, East Syracuse, NY reassignments, and salary actions) Hart-Scott-Rodino Antitrust 13057, Officer: James J. Duffy, involving individual Federal Reserve Improvements Act of 1976, requires President (Qualifying Individual) System employees. persons contemplating certain mergers Vipex Consolidators, Inc., 8478 N.W. 2. Any items carried forward from a or acquisitions to give the Federal Trade 72nd Street, Miami, FL 33166, Officer: previously announced meeting. Commission and the Assistant Attorney General advance notice and to wait Maria del Carmen Rodriguez, CONTACT PERSON FOR MORE INFORMATION: President (Qualifying Individual) designated periods before Lynn S. Fox, Assistant to the Board; consummation of such plans. Section New World Logistics, Inc., 1304 202–452–3204. Municipal Drive, Roanoke, VA 24012, 7A(b)(2) of the Act permits the agencies, Officer: Rickey Gene Roberts, SUPPLEMENTARY INFORMATION: You may in individual cases, to terminate this President (Qualifying Individual) call 202–452–3206 beginning at waiting period prior to its expiration approximately 5 p.m. two business days and requires that notice of this action be Ocean Freight Forwarder—Ocean before the meeting for a recorded published in the Federal Register. Transportation Intermediary announcement of bank and bank The following transactions were Applicants holding company applications granted early termination of the waiting Manila Forwarders, LLC, 3916 Eagle scheduled for the meeting; or you may period provided by law and the Rock Blvd., Los Angeles, CA 90065, contact the Board’s Web site at http:// premerger notification rules. The grants Officers: Manuel Paez, President www.federalreserve.gov for an electronic were made by the Federal Trade (Qualifying Individual), George de announcement that not only lists Commission and the Assistant Attorney Guzman, Director applications, but also indicates General for the Antitrust Division of the South Florida Auto Terminal d/b/a procedural and other information about Department of Justice. Neither agency Autoterminal.com, 4401 McIntosh the meeting. intends to take any action with respect
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to these proposed acquisitions during the applicable waiting period.
Trans # Acquiring Acquired Entities
Transactions Granted Early Termination—03/05/2001
20011132 ...... Lhoist S.A...... Baker Holding Company ...... Baker Holding Company.
Transactions Granted Early Termination—03/06/2001
20011513 ...... SBC Communications Inc ...... SBC Communications Inc...... Washington Baltimore Limited Part- nership. 20011521 ...... Citigroup Inc...... Fairchild Semiconductor Inter- Fairchild Semiconductor International national, Inc. Inc. 20011525 ...... Wellspring Capital Partners II, L.P .... Gilberto Marin Quintero ...... Grupo P.I. Mabe S.A. de C.V., Par- agon-Mabesa International, S.A. de C.V., Stronger Corporation, S.A.
Transactions Granted Early Termination—03/09/2001
20011529 ...... Ameritrade Holding Corporation ...... Robert L. Earthman, Jr...... TradeCast, Inc. 20011530 ...... Ameritrade Holding Corporation ...... James F. Howell ...... TradeCast, Inc. 20011534 ...... ABN AMRO Holding N.V ...... Sam Cupp ...... QEK Global Solutions, L.P., QEK USA Management LLC. 20011545 ...... General Motors Corporation ...... Michael J. Menzer ...... Paramount Financial Group, LLC, Protech Development Corporation. 20011549 ...... Welsh, Carson, Anderson & Stowe Triad Hospitals, Inc...... Triad Hospitals, Inc. VIII, L.P. 20011553 ...... KTC/AMG Holdings Corp ...... Kenan Transport Company ...... Kenan Transport Company. 20011561 ...... CVS Corporation ...... Alan W. Hamm ...... Data-Tech, Inc., United Provider Services, Inc. 20011564 ...... Sybase, Inc...... New Era of Networks, Inc ...... New Era of Networks, Inc. 20011566 ...... WinsLoew Furniture, Inc...... Hancock Park Capital, LP ...... Brown Jordan International. 20011568 ...... Siemens, AG ...... Efficient Networks, Inc...... Efficient Networks, Inc. 20011569 ...... The Dun & Bradstreet Corporation ... The Dun & Bradstreet Corporation ... D&B Investors, L.P. 20011574 ...... Glencore Holding AG ...... Century Aluminum Company ...... Century Aluminum Company.
Transactions Granted Early Termination—03/12/2001
20011533 ...... President and Fellows of Harvard International Paper Company ...... IP Pacific Timberlands, Inc. College. 20011546 ...... Enron Corp...... Diashowa Paper Manufacturing, Co., Diashowa Paper Manufacturing, Co., Ltd. Ltd. 20011570 ...... RADICIFIN SpA ...... Code, Hennessey & Simmons II, L.P Globe Holdings, Inc. 20011581 ...... Delphi Automotive Systems Corpora- Eaton Corporation ...... Eaton’s Vehicle Switch/Electronics tion. Division.
Transactions Granted Early Termination—03/13/2001
20011557 ...... Albert Frere ...... Hecla Mining Company ...... Kentucky-Tennessee Clay Company, K–T Feldspar Corporation, South- eastern Land Resources Corp. 20011558 ...... Paul G. Desmarais ...... Hecla Mining Company ...... Kentucky-Tennessee Clay Company, K–T Feldspar Corporation, South- eastern Land Resources Corp.
Transactions Granted Early Termination—03/14/2001
20011519 ...... HCA—The Healthcare Company ...... HEALTHSOUTH Corporation ...... HEALTHSOUTH Corporation.
Transactions Granted Early Termination—03/16/2001
20011333 ...... AMR Corporation ...... Trans World Airlines, Inc. (Debtor-in- Trans World Airlines, Inc. (Debtor-in- Possession). Possession), TWA Stock Holding Company. 20011567 ...... Bruckmann, Rosser, Sherill & Co. II, II Fornaio (America) Corporation ...... II Fornaio (America) Corporation. L.P. 20011578 ...... Gustavo A. Cisneros ...... America Online Latin America, Inc ... America Online Latin America, Inc. 20011579 ...... Ricardo J. Cisneros ...... America Online Latin America, Inc ... America Online Latin America, Inc. 20011585 ...... Brockway Moran & Partners Fund, Mr. John F. Croddick, Sr ...... Cosmetic Essence, Inc. L.P. 20011592 ...... AT&T Corp...... UnitedGlobalCom, Inc...... UnitedGlobalCom, Inc. 20011593 ...... Avaya Inc...... Quintus Corporation ...... Quintus Corporation. 20011594 ...... IONA Technologies PLC ...... Netfish Technologies, Inc...... Netfish Technologies, Inc.
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Trans # Acquiring Acquired Entities
20011596 ...... Buhrmann N.V...... US Office Products Company ...... US Office Products—North America.
FOR FURTHER INFORMATION CONTACT: consent agreement package can be consumers who used Snorenz Sandra M. Peay or Parcellena P. obtained from the FTC Home Page (for represented the typical and ordinary Fielding, Contact Representatives, March 29, 2001), on the World Wide experience of users of the product. Federal Trade Commission, Premerger Web, at ‘‘http://www.ftc.gov/os/2001/ Proposed respondent are also charged Notification Office, Bureau of 03/index.htm.’’ A paper copy can be with making false claims that clinical Competition, Room 303, Washington, obtained for the FTC Public Reference proof establishes the efficacy of DC 20580, (202) 326–3100. Room, Room H–130, 600 Pennsylvania Snorenz. Further, the complaint alleges By Direction of the Commission. Avenue, NW., Washington, D.C. 20580, that the proposed respondents failed to disclose adequately that the product is Donald S. Clark, either in person or by calling (202) 326– 3627. not intended to treat sleep apnea; that Secretary. Public comment is invited. Comments sleep apnea is a potentially life- [FR Doc. 01–8301 Filed 4–3–01; 8:45 am] should be directed to: FTC/Office of the threatening disorder characterized by BILLING CODE 6750–01-M Secretary, Room 159, 600 Pennsylvania loud snoring, frequent interruptions of Ave., NW., Washington, D.C. 20580. sleep, and daytime tiredness; and that Two paper copies of each comment persons experiencing those symptoms FEDERAL TRADE COMMISSION should be filed, and should be should seek medical attention. Finally, [File No. 002 3211] accompanied, if possible, by a 31⁄2 inch the complaint alleges that proposed diskette containing an electronic copy of respondents failed to disclose that a Med Gen, Inc., et al.; Analysis To Aid the comment. Such comments or views material connection existed between Public Comment will be considered by the Commission Med Gen, Inc. and a physician who appeared in the informercials to endorse AGENCY: Federal Trade Commission. and will be available for inspection and copying at its principal office in Snorenz. Such claims appeared in ACTION: Proposed consent agreement. accordance with section 4.9(b)(6)(ii) of informercials promoting Snorenz that SUMMARY: The consent agreement in this the Commission’s Rules of Practice (16 proposed respondents produced, or 1 matter settles alleged violations of CFR 4.9(b)(6)(ii)). caused to be produced for them, on Med Gen, Inc.’s website, and/or on federal law prohibiting unfair or Analysis of Proposed Consent Order To deceptive acts or practices or unfair labeling for the product. Aid Public Comment Part I of the consent order requires methods of competition. The attached that proposed respondents possess Analysis to Aid Public Comment The Federal Trade Commission has competent and reliable scientific describes both the allegations in the accepted an agreement, subject to final evidence to substantiate representations complaint that accompanies the consent approval, to a proposed consent order that Snorenz or any other food, drug, or agreement and the terms of the consent from Med Gen, Inc. and its president, dietary supplement reduces or order—embodied in the consent Paul Kravitz (‘‘proposed respondents’’). eliminates snoring or the sounds of agreement—that would settle these Proposed respondents market snoring; reduces or eliminates snoring allegations. ‘‘Snorenz,’’ a dietary supplement consisting of oils and vitamins that is or the sounds of snoring for any DATES: Comments must be received on sprayed on the back of the throat of specified period of time through a single or before April 30, 2001. persons who snore. application; or eliminates, reduces or ADDRESSES: Comments should be The proposed consent order has been mitigates the symptoms of sleep apnea. directed to: FTC/Office of the Secretary, placed on the public record for thirty Part II of the order requires that, for any Room 159, 600 Pennsylvania Ave., NW., (30) days for reception of comments by product that has not been shown to be Washington, D.C. 20580. interested persons. Comments received effective in the treatment of sleep apnea, FOR FURTHER INFORMATION CONTACT: during this period will become part of proposed respondents must Lemuel Dowdy or Walter Gross, FTC/S– the public record. After thirty (30) days, affirmatively disclose, whenever they 4302, 600 Pennsylvania Ave., NW., the Commission will again review the represent that a product is effective in Washington, D.C. 20580, (202) 326–2981 agreement and the comments received reducing or eliminating snoring or the or 326–3319. and will decide whether it should sounds of snoring, a warning statement SUPPLEMENTARY INFORMATION: Pursuant withdraw from the agreement and take about sleep apnea and the need for to section 6(f) of the Federal Trade other appropriate action or make final physician consultation. Part III of the Commission Act, 38 Stat. 721, 15 U.S.C. the agreement’s proposed order. order requires proposed respondents to 46 and Section 2.34 of the Commission’s The Commission’s complaint charges substantiate any representation about Rules of Practice (16 CFR 2.34), notice that proposed respondents failed to the benefits, performance, efficacy, or is hereby given that the above-captioned have a reasonable basis for claims they safety of Snorenz or any other food, consent agreement containing a consent made about the product’s efficacy in (1) drug, or dietary supplement. Part IV order to cease and desist, having been reducing or eliminating snoring or the prohibits false claims about scientific filed with and accepted by the sounds of snoring, (2) reducing or support for any product, service, or Commission, has been placed on the eliminating snoring or the sounds of program. Part V requires that, for any public record for a period of thirty (30) snoring for six to eight hours, and (3) consumer endorsement or testimonial days. The following Analysis to Aid treating the symptoms of sleep apnea. proposed respondents use to promote a Public Comment describes the terms of The complaint also alleges that 1 A separate consent settlement with a producer the consent agreement, and the proposed respondents lacked a of several infomercials for Snorenz, Tru-Vantage allegations in the complaint. An reasonable basis to substantiate International, L.L.C. (File No. 002–3210), is also electronic copy of the full text of the representations that testimonials from being placed on the public record for comment.
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product, service or program, they must SUMMARY: The consent agreement in this Analysis of Proposed Consent Order to either possess competent and reliable matter settles alleged violations of Aid Public Comment scientific evidence that the testimonial federal law prohibiting unfair or The Federal Trade Commission has represents the typical or ordinary deceptive acts or practices or unfair accepted an agreement, subject to final experience of users or make an methods of competition. The attached approval, to a proposed consent order affirmative disclosure that the Analysis to Aid Public Comment from Tru-Vantage International, L.L.C. testimonial is not typical. Part VI describes both the allegations in the (‘‘TVI’’ or the ‘‘proposed respondent’’). requires an affirmative disclosure of any complaint that accompanies the consent TVI is an infomercial producer. It also material connection between proposed agreement and the terms of the consent purchases media time, disseminates its respondents and any endorser of their order—embodied in the consent infomercials, and fulfills the orders for products. Parts VII and VIII of the agreement—that would settle these products featured in the infomercials. proposed order permit proposed allegations. The proposed consent order has been respondents to make certain claims for placed on the public record for thirty drugs or dietary supplements, DATES: Comments must be received on (30) days for reception of comments by respectively, that are permitted in or before April 30, 2001. interested persons. Comments received labeling under laws and/or regulations during this period will become part of administered by the U.S. Food and Drug ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, the public record. After thirty (30) days, Administration. the Commission will again review the The remainder of the proposed order Room 159, 600 Pennsylvania Ave., NW., Washington, DC 20580. agreement and the comments received contains standard requirements that and will decide whether it should proposed respondents maintain FOR FURTHER INFORMATION CONTACT: withdraw from the agreement and take advertising and any materials relied Lemuel Dowdy or Walter Gross, FTC/S– other appropriate action or make final upon as substantiation for any 4302, 600 Pennsylvania Ave., NW., the agreement’s proposed order. representation covered by substantiation Washington, DC 20580. (202) 326–2981 This matter concerns advertising and requirements under the order; distribute or 326–3319. promotional practices related to the sale copies of the order to certain company of Snorenz, a purported anti-snoring officials and employees; notify the SUPPLEMENTARY INFORMATION: Pursuant product. Snorenz is a dietary Commission of any change in the to section 6(f) of the Federal Trade supplement consisting of oils and corporation that may affect compliance Commission Act, 38 Stat. 721, 15 U.S.C. vitamins that is sprayed on the back of obligations under the order; and file one 46 and section 2.34 of the Commission’s the throat of persons who snore. The or more reports detailing their Rules of Practice (16 CFR 2.34), notice Commission’s complaint charges that compliance with the order. Part XIV of is hereby given that the above-captioned TVI failed to have a reasonable basis for the proposed order is a provision consent agreement containing a consent claims, which were contained in whereby the order, absent certain order to cease and desist, having been infomercials its produced to promote circumstances, terminates twenty years filed with and accepted by the Snorenz, about the product’s efficacy in from the date of issuance. Commission, has been placed on the (1) reducing or eliminating snoring or This proposed order, if issued in final public record for a period of thirty (30) the sounds of snoring, (2) reducing or form, will resolve the claims alleged in days. The following Analysis to Aid eliminating snoring or the sounds of the complaint against the named Public Comment describes the terms of snoring for six to eight hours, and (3) respondents. It is not the Commission’s the consent agreement, and the treating the symptoms of sleep apnea. intent that acceptance of this consent allegations in the complaint. An The complaint also alleges that TVI agreement and issuance of a final electronic copy of the full text of the lacked a reasonable basis to substantiate decision and order will release any consent agreement package can be representations that testimonials from claims against any unnamed persons or obtained from the FTC Home Page (for consumers who used Snorenz entities associated with the conduct March 29, 2001), on the World Wide represented the typical and ordinary described in the complaint. Web, ‘‘http://www.ftc.gov/os/2001/03/ experience of users of the product. TVI The purpose of this analysis is to index.htm.’’ A paper copy can be is also charged with making false claims facilitate public comment on the obtained from the FTC Public Reference that clinical proof establishes the proposed order, and is not intended to Room, Room H–130, 600 Pennsylvania efficacy of Snorenz. Further the constitute an official interpretation of Avenue, NW., Washington, DC 20580, complaint alleges that the proposed the agreement and proposed order or to respondent failed to disclose that the modify in any way their terms. either in person or by calling (202) 326– 3627. product is not intended to treat sleep By direction of the Commission. apnea; that sleep apnea is a potentially Public comment is invited. Comments Donald S. Clark, life-threatening disorder characterized should be directed to: FTC/Office of the by loud snoring, frequent interruptions Secretary. Secretary, Room 159, 600 Pennsylvania [FR Doc. 01–8300 Filed 4–3–01; 8:45 am] of sleep, and daytime tiredness; and that Ave., NW., Washington, DC 20580. Two persons experiencing those symptoms BILLING CODE 6750–01–M paper copies of each comment should should seek medical attention. Finally, be filed, and should be accompanied, if the complaint alleges that TVI failed to possible, by a 31 2 FEDERAL TRADE COMMISSION ⁄ inch diskette disclose adequately that a material containing an electronic copy of the connection existed between a physician [File No. 002 3210] comment. Such comments or views will who appeared in the infomercials to be considered by the Commission and endorse the product and the product’s Tru-Vantage International, L.L.C.; will be available for inspection and manufacturer and marketer, Med Gen, Analysis to Aid Public Comment copying at its principal office in Inc. A separate consent settlement with AGENCY: Federal Trade Commission. accordance with section 4.9(b)(6)(ii) of Med Gen, Inc. (File No. 002–3211) is the Commission’s Rules of Practice (16 also being placed on the public record ACTION: Proposed consent agreement. CFR 4.9(b)(6)(ii)). for comment.
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Part I of the consent order requires intent that acceptance of this consent Room 10235, 725 17th Street NW., that TVI posses competent and reliable agreement and issuance of a final Washington, DC 20503. scientific evidence to substantiate decision and order will release any Comments may also be sent to representations that Snorenz or any claims against any unnamed persons or Cynthia Agens Bauer, OS Reports other food, drug, or dietary supplement entities associated with the conduct Clearance Officer, Room 503H, reduces or eliminates snoring or the described in the complaint. Humphrey Building, 200 Independence sound of snoring; reduces or eliminates The purpose of this analysis is to Avenue SW., Washington, DC, 20201. snoring or the sound of snoring for any facilitate public comment on the Written comments should be received specified period of time through a single proposed order, and is not intended to within 30 days of this notice. constitute an official interpretation of application; or eliminates, reduces or Dated: March 29, 2001. mitigates the symptoms of sleep apnea. the agreement and proposed order or to Kerry Weems, Part II of the order requires that, for any modify in any way their terms. Acting Deputy Assistant Secretary, Budget. product that has not been shown to be By direction of the Commission. [FR Doc. 01–8237 Filed 4–03–01; 8:45 am] effective in the treatment of sleep apnea, Donald S. Clark, BILLING CODE 4153–01–M TVI must affirmatively disclose, Secretary. whenever it represents that a product is [FR Doc. 01–8299 Filed 4–3–01; 8:45 am] effective in reducing or eliminating snoring or the sounds of snoring, a BILLING CODE 6750–01–M DEPARTMENT OF HEALTH AND warning statement about sleep apnea HUMAN SERVICES and the need for physician consultation. Centers for Disease Control and Part III of the order requires proposed DEPARTMENT OF HEALTH AND Prevention respondent to substantiate any HUMAN SERVICES representation about the benefits, Office of the Secretary performance, efficacy, or safety of [Program announcement 01026] Snorenz or any other product, service or Agency Information Collection Notice of Availability of Funds; program. Part IV prohibits false claims Activities; Submission for OMB Cooperative Agreement With the about scientific support for any product, Review; Comment Request Association of State and Territorial service, or program. Part V requires that, Health Officers To Improve the for any consumer endorsement or The Department of Health and Human Services, Office of the Secretary Nation’s Public Health Infrastructure testimonial respondent uses to promote With State Public Health Agencies/ a product, service or program, it must publishes a list of information Systems either possess competent and reliable collections it has submitted to the Office scientific evidence that the testimonial of Management and Budget (OMB) for A. Purpose represents the typical or ordinary clearance in compliance with the The Centers for Disease Control and experience of users or make an Paperwork Reduction Act of 1995 (44 Prevention (CDC) announces the affirmative disclosure that the U.S.C. Chapter 35) and 5 CFR 1320.5. testimonial is not typical. Part VI The following are those information availability of fiscal year (FY) 2001 requires an affirmative disclosure of any collections recently submitted to OMB. funds for a cooperative agreement material connection between TVI and 1. Self-Evaluation and Recordkeeping program entitled ‘‘Improving the any endorser or between an endorser Required by the Regulation Nation’s Public Health Infrastructure.’’ and the marketer. Parts VII and VIII of Implementing Section 504 of the This program addresses the ‘‘Healthy the proposed order permit proposed Rehabilitation Act of 1973 (45 CFR Part People 2010’’ priority focus area of respondent to make certain claims for 84)—Extension—0990–0124— Public Health Infrastructure. For a copy drugs or dietary supplements, Recipients of DHHS funds must conduct of ‘‘Healthy People 2010,’’ visit the web respectively, that are permitted in a single-time evaluation of their policies site at http://www.health.gov/ labeling under laws and/or regulations and practices for compliance with healthypeople. administered by the U.S. Food and Drug Section 504 of the Rehabilitation Act of The purpose of this cooperative Administration. 1973. Recipients with 15 or more agreement program is to improve the The remainder of the proposed order employees must maintain records of Nation’s public health infrastructure contains standard requirements that their self-evaluation for three years. and improve the performance of public respondent maintain advertising and Respondents: State or local health agencies by: any materials relied upon as governments, business or other for- 1. Developing and/or implementing substantiation for any representation profit, non-profit institutions; Annual strategies to encourage the development covered by substantiation requirements Number of Respondents: 2,600; and use of standards for public health under the order; distribute copies of the Frequency of Response: one-time; organizations, the public health order to certain company officials and Average Burden per Response: 16 hours; workforce, and public health employees; notify the Commission of Total Burden: 41,600. information systems; any charge in the corporation that may OMB Desk Officer: Allison Eydt. 2. Developing and/or implementing affect compliance obligations under the Copies of the information collection strategies to inform the public health order; and file one or more reports packages listed above can be obtained community about effective approaches detailing its compliance with the order. by calling the OS Reports Clearance to improving public health Part XIII of the proposed order is a Officer on (202) 690–6207. Written organizations, the public health provision whereby the order, absent comments and recommendations for the workforce, and public health certain circumstances, terminates proposed information collection should information systems; and twenty years from the date of issuance. be sent directly to the OMB desk officer 3. Conducting activities to encourage This proposed order, if issued in final designated above at the following the public health community to form, will resolve the claims alleged in address: Human Resources and Housing implement the most effective the complaint against the named Branch, Office of Management and approaches to improving public health respondent. It is not the Commission’s Budget, New Executive Office Building, organizations, the public health
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workforce, and public health Association of Insurance agreement, if justified. Cooperative information systems. Commissioners, etc.); agreement funds may not supplant b. Other public health organizations existing funds from any other public or B. Eligible Applicant including the American Public Health private source. Funds may not be Assistance will be provided only to Association, Partnership for Prevention, expended for construction, renovation the Association of State and Territorial the National Association of County and of existing facilities, or relocation of Health Officials (ASTHO). No other City Health Officials (NACCHO), the headquarters, affiliates, or personnel. applications are solicited. ASTHO is National Association of Local Boards of uniquely qualified to be the recipient Health (NALBOH), and the Public D. Where To Obtain Additional organization for the following reasons: Health Foundation; and Information 1. ASTHO is the only organization c. A network of 16 ASTHO affiliated To obtain additional business representing the leading public health organizations. All ASTHO affiliated management information, contact: official in each of the fifty states, six organizations, representing the views of Juanita D. Crowder, Grants Management territories, and the District of Columbia. division and program directors in the Specialist, Grants Management Branch, Its mission is to formulate and influence state health agencies, are members of Procurement and Grants Office, Centers sound national public health policy, five ASTHO policymaking committees. for Disease Control and Prevention, and to assist state health departments in Note: Public Law 104-65 states that an 2920 Brandywine Road, Room 3000, the development and implementation of organization, described in section 501(c)(4) of Atlanta, GA 30341–4146, Telephone state programs and policies to promote the Internal Revenue Code of 1986, that number: 770–488–2734, E-Mail the public’s health and prevent disease. engages in lobbying activities is not eligible Address: [email protected]. It serves as the principal forum for to receive Federal funds constituting an To obtain additional programmatic public health leadership among the award, grant, cooperative agreement, information, contact: Anthony J. states. contract, loan, or any other form. Santarsiero, Division of Public Health 2. Generally serving as the governors’ C. Availability of Funds Systems Development and Research, appointees on public health, state health Public Health Practice Program Office, officials effect change and carry out Approximately $696,234 is available Centers for Disease Control and public health policy on both state and in FY 2001 to fund this award. It is Prevention, 4770 Buford Highway, N.E. national levels through direct dialogue expected that the award will begin on or (MailStop K–37), Atlanta, GA 30341– with governors, other executive branch about June 1, 2001, and will be made for 3717, Telephone: 770–488–2444, E- organizations, state congressional a 12-month budget period within a Mail: [email protected]. project period of up to five years. delegations, and representatives of Dated: March 29, 2001. Funding estimates may change. federal agencies. State health officials John L. Williams, bear primary public sector Continuation awards within an approved project period will be made Director, Procurement and Grants Office, responsibility for the health and well- Centers for Disease Control and Prevention being of their citizens. They are the on the basis of satisfactory progress as evidenced by required reports and the (CDC). constitutional source of local [FR Doc. 01–8227 Filed 4–3–01; 8:45 am] government authority and can delegate availability of funds. During the first year, funds are BILLING CODE 4163–18–P broad powers over health matters to expected to be available to support the county and municipal governments. The projects/activities listed in Part D.1. key ingredients of this role include: below as follows: DEPARTMENT OF HEALTH AND a. Providing statewide assessment, HUMAN SERVICES policy development, and assurance. It is 1. Core Activities $100,000 the state’s responsibility to see that 2. Special Projects 1, 6, and 7 $105,433 Centers for Disease Control and 3. Special Project 3 (info and functions and services necessary to Prevention communication systems) $162,000 address the mission of public health are 4. Special Project 4 (leadership [Program Announcement 01028] in place throughout the state. This can development) $71,801 be done by encouraging, providing 5. Special Project 8 (genetics) $100,000 Notice of Availability of Funds; assistance to, and/or requiring local 6. Special Project 10 (environmental National Association of County and governments or private providers to health) $100,000 City Health Officials to Improve the perform certain of these functions. The 7. Special Project 11 (bioterrorism) Nation’s Public Health Infrastructure state may also elect to provide certain $50,000 with Local Public Health Agencies/ services directly; 8. Special Project 12 (injury prevention Systems b. Designating a lead agency for and control) $7,000 public health in the state (the place of A. Purpose ultimate responsibility) to fulfill the Use of Funds The Centers for Disease Control and functions of assessment, policy Funds may be spent for reasonable Prevention (CDC) announces the development, and assurance. In most program purposes, including personnel, availability of fiscal year (FY) 2001 cases this will be the state health travel, supplies, and services. funds for a cooperative agreement department, which has the obligation to Equipment may be purchased, with program entitled ‘‘Improving the ensure that important public health appropriate justification, including cost Nation’s Public Health Infrastructure.’’ policy goals are being met, even when comparison of purchase with lease. This program addresses the ‘‘Healthy their implementation has been assigned Although contracts with other People 2010’’ priority focus area of to another entity. organizations are allowable, ASTHO Public Health Infrastructure. For a copy 3. ASTHO works closely with the: must perform a substantial portion of of ‘‘Healthy People 2010,’’ visit the web a. National Governors’ Association activities for which funds are requested. site—http://www.health.gov/ and other executive branch ASTHO may provide funds to its healthypeople. organizations (e.g., the Medicaid affiliated organizations to accomplish The purpose of this cooperative Directors Association, National the purposes of the cooperative agreement program is to improve the
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Nation’s public health infrastructure newsletter which is sent to NACCHO Although contracts with other and improve the performance of public member health departments), and its organizations are allowable, NACCHO health agencies by: web site. must perform a substantial portion of 1. Developing and/or implementing 4. In addition, NACCHO provides activities for which funds are requested. strategies to encourage the development current public health information and NACCHO may provide funds to its and use of standards for public health educational opportunities to key local affiliated organizations to accomplish organizations, the public health health department personnel at its the purposes of the cooperative workforce, and public health annual educational conference. agreement, if justified. Cooperative information systems; 5. NACCHO has a proven track record agreement funds may not supplant 2. Developing and/or implementing of collaborating with CDC and other existing funds from any other public or strategies to inform the public health public health organizations to private source. Funds may not be community about effective approaches successfully conduct projects to expended for construction, renovation to improving public health improve the practice of public health of existing facilities, or relocation of organizations, the public health throughout the Nation. headquarters, affiliates, or personnel. workforce, and public health Note: Public Law 104–65 states that an information systems; and organization, described in section 501(c)(4) of D. Where To Obtain Additional 3. Conducting activities to encourage the Internal Revenue Code of 1986 that Information the public health community to engages in lobbying activities is not eligible To obtain additional business implement the most effective to receive Federal funds constituting an management information, contact: approaches to improving public health award, grant, cooperative agreement, Juanita D. Crowder, Grants Management organizations, the public health contract, loan, or any other form. Specialist, Grants Management Branch, workforce, and public health C. Availability of Funds Procurement and Grants Office, Centers information systems. for Disease Control and Prevention, Approximately $1,833,645 is available B. Eligible Applicants 2920 Brandywine Road, Room 3000, in FY 2001 to fund this award. It is Atlanta, GA 30341–4146. Telephone Assistance will be provided only to expected that the award will begin on or number: 770–488–2734. E-Mail Address: the National Association of County and about June 1, 2001, and will be made for [email protected]. City Health Officials (NACCHO). No a 12-month budget period within a To obtain additional programmatic other applications are solicited. project period of up to five years. information, contact: Anthony J. NACCHO is uniquely qualified to be the Funding estimates may change. Santarsiero, Division of Public Health recipient organization for the following Continuation awards within an Systems Development and Research, reasons: approved project period will be made Public Health Practice Program Office, 1. Local public health agencies are at on the basis of satisfactory progress as Centers for Disease Control and the core of the Nation’s public health evidenced by required reports and the Prevention, 4770 Buford Highway, N.E. infrastructure. NACCHO is the only availability of funds. (MailStop K–37), Atlanta, GA 30341– national organization that represents the During the first year, funds are 3717. Telephone: 770–488–2444. E- interests of local public health agencies expected to be available to support the Mail: [email protected]. throughout the Nation. It’s mission is to projects/activities listed in Part D.1. promote national policy, develop below as follows: Dated: March 29, 2001. resources and programs, and support 1. Core Activities—$100,000 John L. Williams, the development of effective local 2. Special Projects 1, 6, and 7—$433,981 Director, Procurement and Grants Office, public health practice and systems that 3. Special Project 3 (info and Center for Disease Control and Prevention protect and improve the health of communication systems)—$100,000 (CDC). communities. 4. Special Project 4 (leadership [FR Doc. 01–8228 Filed 4–3–01; 8:45 am] 2. While NACCHO is organized to development)—$33,6645; Special BILLING CODE 4163–18–P serve the needs of local public health Project 10 (environmental health) agencies, it has adopted a policy which (PACE–EH Implementation)— states, ‘‘NACCHO’s core work is $265,000; (Improving EH policy, DEPARTMENT OF HEALTH AND directed at improving the capacity of competency, and practice)—$322,000 HUMAN SERVICES local public health systems to provide 6. Special Project 11 (bioterrorism) Centers for Disease Control and all of the essential services, and to be (Centers for Public Health Prevention effective at improving the community’s Preparedness)—$210,000; (National health status * * * To that end, one of Pharmaceutical Stockpile)—$50,000 [Program Announcement 01027] NACCHO’s more significant roles is to 7. Special Project 12 (chronic disease provide local public health agencies prevention)—$150,000 Notice of Availability of Funds; with tools, services, training, and 8. Special Project 13 (tobacco Cooperative Agreement With the technical assistance needed for effective prevention and control)—$115,000 National Association of Local Boards partnering, coalition building, and 9. Special Project 14 (injury prevention of Health To Improve the Nation’s community process facilitation as they and control)—$7,000 Public Health Infrastructure With Local promote community ownership of 10. Special Project 16 (strategic Boards of Health health status improvements.’’ planning)—$47,000 3. NACCHO maintains and updates A. Purpose the only comprehensive listing of local Use of Funds The Centers for Disease Control and health departments in the United States Funds may be spent for reasonable Prevention (CDC) announces the and communicates with those health program purposes, including personnel, availability of fiscal year (FY) 2001 departments via ‘‘NACCHO News’’ (bi- travel, supplies, and services. funds for a cooperative agreement monthly newsletter which is sent to all Equipment may be purchased, with program entitled ‘‘Improving the local public health agencies), appropriate justification, including cost Nation’s Public Health Infrastructure.’’ ‘‘Membership Monthly’’ (monthly comparison of purchase with lease. This program addresses the ‘‘Healthy
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People 2010’’ priority focus area of 4. NALBOH provides current public agreement, if justified. Cooperative Public Health Infrastructure. For a copy health information and opportunities for agreement funds may not supplant of ‘‘Healthy People 2010,’’ visit the web improving governance skills to key local existing funds from any other public or site—http://www.health.gov/ board of health members at its annual private source. Funds may not be healthypeople. educational conference and on a expended for construction, renovation The purpose of this cooperative continuing basis via its web site. of existing facilities, or relocation of agreement program is to improve the 5. NALBOH has collaborated with headquarters, affiliates, or personnel. Nation’s public health infrastructure CDC and other public health D. Where To Obtain Additional and improve the performance of public organizations to develop local public Information health agencies by: health system performance standards 1. Developing and/or implementing (including governance standards for To obtain additional business strategies to encourage the development local boards of health). management information, contact: and use of standards for public health 6. NALBOH has a proven track record Juanita D. Crowder, Grants Management organizations, the public health of collaborating with CDC and other Specialist, Grants Management Branch, workforce, and public health public health organizations to Procurement and Grants Office, Centers information systems; successfully conduct projects to for Disease Control and Prevention, 2. Developing and/or implementing improve the development and 2920 Brandywine Road, Room 3000, strategies to inform the public health implementation of public health policy Atlanta, GA 30341–4146, Telephone community about effective approaches in the areas of environmental and number: 770–488–2734, E-Mail to improving public health occupational health and tobacco control Address: [email protected]. organizations, the public health throughout the nation. To obtain additional programmatic workforce, and public health Note: Public Law 104–65 states that an information, contact: Anthony J. information systems; and organization, described in section 501(c)(4) of Santarsiero, Division of Public Health 3. Conducting activities to encourage the Internal Revenue Code of 1986, that Systems Development and Research, the public health community to engages in lobbying activities is not eligible Public Health Practice Program Office, to receive Federal funds constituting an implement the most effective Centers for Disease Control and award, grant, cooperative agreement, Prevention, 4770 Buford Highway, N.E. approaches to improving public health contract, loan, or any other form. organizations, the public health (MailStop K–37), Atlanta, GA 30341– workforce, and public health C. Availability of Funds 3717, Telephone: 770–488–2444, E- Mail: [email protected]. information systems. Approximately $258,450 is available Dated: March 29, 2001. B. Eligible Applicant in FY 2001 to fund this award. It is expected that the award will begin on or John L. Williams, Assistance will be provided only to about June 1, 2001, and will be made for Director, Procurement and Grants Office, the National Association of Local a 12-month budget period within a Centers for Disease Control and Prevention Boards of Health (NALBOH). No other project period of up to five years. (CDC). applications are solicited. NALBOH is Funding estimates may change. [FR Doc. 01–8226 Filed 4–3–01; 8:45 am] uniquely qualified to be the recipient Continuation awards within an BILLING CODE 4163–18–P organization for the following reasons: approved project period will be made 1. Local boards of health are at the on the basis of satisfactory progress as core of the public health system. In evidenced by required reports and the DEPARTMENT OF HEALTH AND some cases, they are responsible for availability of funds. HUMAN SERVICES developing public health policy for their During the first year, funds are jurisdictions and for governing the expected to be available to support the Centers for Disease Control and operations of local public health projects/activities listed in Part D.1. Prevention agencies. In other cases, they provide below as follows: [Program Announcement 01091] advice to elected officials or the public 1. Core Activities $50,000 health agency regarding the 2. Special Projects 1, 4, 6, and 7 $95,950 Notice of Availability of Funds for development of local public health 3. Special Project 10 (environmental National, Non–Profit Public Health policy. NALBOH is the only health) $10,000 Professional Organizations With a organization that represents their 4. Special Project 12 (tobacco Large and Broad–Based Membership interests and is committed to improving prevention and control) $95,000 To Improve the Nation’s Public Health their ability to develop and implement 5. Special Project 13 (injury prevention Capacity effective public health policy (or and control) $7,500 facilitate its development and A. Purpose implementation). Use of Funds The Centers for Disease Control and 2. NALBOH collaborated with CDC in Funds may be spent for reasonable Prevention (CDC) announces the the conduct of the first-ever national program purposes, including personnel, availability of fiscal year (FY) 2001 survey of local boards of health and in travel, supplies, and services. funds for a cooperative agreement the subsequent publication and Equipment may be purchased, with program entitled ‘‘Improving the dissemination of the ‘‘National Profile of appropriate justification, including cost Nation’s Public Health Capacity.’’ This Local Boards of Health.’’ comparison of purchase with lease. program addresses the ‘‘Healthy People 3. NALBOH maintains and updates Although contracts with other 2010’’ priority focus area of Public the only comprehensive listing of local organizations are allowable, NALBOH Health Infrastructure. For a copy of boards of health in the United States must perform a substantial portion of ‘‘Healthy People 2010,’’ visit the web and communicates regularly with those activities for which funds are requested. site—http://www.health.gov/ boards of health via its ‘‘NALBOH NALBOH may provide funds to its healthypeople. NewsBrief’’ and periodic special issue affiliated organizations to accomplish The purpose of this cooperative mailings. the purposes of the cooperative agreement program is to improve the
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Nation’s public health infrastructure It is expected that the award(s) will management staff, ensuring that and improve the performance of public begin on or about August 15, 2001, and members constitute the majority of health agencies by: will be made for a 12-month budget committees and/or workgroups 1. Developing and/or implementing period within a project period of up to assembled for the purpose of completing strategies to encourage the development five years. Funding estimates may special projects under this agreement. and use of standards for public health change. (3) Conduct regular and ongoing organizations, the public health Continuation awards within an assessments of the organization and its workforce, and public health approved project period will be made progress toward meeting its strategic information systems; on the basis of satisfactory progress as and operational goals and regularly 2. Developing and/or implementing evidenced by required reports and the communicate with members regarding strategies to inform the public health availability of funds. progress toward meeting those goals and community about effective approaches During the first year, funds are objectives. to improving public health expected to be available to support the (4) Establish and maintain an effective organizations, the public health projects/activities listed in Part D.1. information and communication system workforce, and public health below as follows: within its headquarters, which: information systems; and 1. Core Activities—$50,000 (a) Is accessible to its constituents and 3. Conducting activities to encourage 2. Special Projects 1, 4, and 5—$87,547 staff through a continuous, high-speed the public health community to 3. Special Project 6 (comprehensive Internet connection; implement the most effective cancer control and prevention)— (b) Facilitates electronic exchange of approaches to improving public health $50,000 computer-generated documents among organizations, the public health organization staff, its constituents, and Use of Funds workforce, and public health local, tribal, state, and federal public information systems. Funds may be spent for reasonable health officials and non-traditional program purposes, including personnel, public health partners; B. Eligible Applicants travel, supplies, and services. (c) Facilitates confidential twenty- Eligible applicants are national, non- Equipment may be purchased, with four/seven email exchange among local, profit public health professional appropriate justification, including cost tribal, state, and federal public health organizations with a large and broad- comparison of purchase with lease. officials, non-traditional public health based (representing multiple segments Although contracts with other partners; and of the public health practice and organizations are allowable, the (d) Provides twenty-four/seven public academic communities and all recipient(s) must perform a substantial access to a web site that contains categories of healthcare occupations, portion of activities for which funds are current and relevant public health from both the public and private requested. Cooperative agreement funds information. healthcare sectors) membership. may not supplant existing funds from (5) Ensure the implementation and Eligible applicants are explicitly any other public or private source. periodic assessment of an organization- committed through their established Funds may not be expended for wide communication plan which mission to improving the development construction, renovation of existing supports the ongoing efforts of the of public health policy and/or the facilities, or relocation of headquarters, organization to communicate with its practice of public health throughout the affiliates, or personnel. constituents. United States, by focusing their efforts (6) Ensure the highest organizational D. Program Requirements on helping strengthen and build standards of professional competency, capacity and infrastructure of public In conducting activities to achieve the advocacy, recognition and visibility, health agencies and public health purpose of this program, the recipient knowledge source, and inclusive systems. will be responsible for the activities membership are maintained. Eligible applicants must have a broad listed under 1. (Recipient Activities), B. Special Projects and objective knowledge of the diverse and CDC will be responsible for the range of public health issues and activities listed under 2. (CDC (1) Collaborate with CDC and other programs in order to maintain an Activities). public health partners, including non- traditional public health partners from unbiased approach to the study of 1. Recipient Activities health policy changes and the impact of academic communities and the private those changes on the practice of public Recipients may undertake the healthcare industry, to encourage the health. following types of activities: use and emphasize the importance of public health system Performance An organization that receives funds A. Core Activities under another cooperative agreement Standards, including marketing to a with CDC to improve the Nation’s (1) Collaborate with CDC to develop broad public health constituency, and Public Health Infrastructure is not and maintain a directory of member then to translate and link these eligible to receive funds under this profiles from the public health Performance Standards into public cooperative agreement. workforce that describes and classifies health workforce competencies and the workforce by all pertinent provide training and/or technical Note: Public Law 104–65 states that an organization, described in section 501(c)(4) of individual workforce characteristics and assistance for the public health the Internal Revenue Code of 1986, that demographic keys, including up-to-date workforce to meet these Performance engages in lobbying activities is not eligible information on location, services, Standards and competencies. to receive Federal funds constituting an leadership, and contact information. (2) Collaborate with CDC and other award, grant, cooperative agreement, (2) Develop and maintain an effective public health and non-traditional contract, loan, or any other form. governance structure within the partners to improve the competency of organization that provides for effective the public health workforce, including C. Availability of Funds leadership by members and effective (but not limited to) elements outlined in Approximately $187,547 is available day-to-day fiscal and operational a global and national implementation in FY 2001 to fund one or more awards. management by competent full-time plan for public health workforce
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development. These elements include: (c) Collaborate with CDC and other competency of the public health monitoring workforce composition, public health and non-traditional workforce. identifying competencies and partners to assess the effectiveness of (3) Collaborate with funded developing related curricula, designing policy and environmental and organization(s) to identify key public an integrated learning delivery system, occupational interventions to prevent health officials to review/modify identifying incentives to assure chronic diseases and to promote healthy priorities for improving the performance competency, and conducting evaluation lifestyles; and of public health organizations, the and research in workforce issues. (d) Collaborate with CDC, the public health workforce, and/or public (3) Convene key public health Prevention Research Centers Program health information and communication officials to review/modify priorities for (PRC), and other public health and non- systems. improving the performance of public traditional partners to strengthen the (4) Collaborate with funded health organizations, the public health quality of community-based research, organization(s) to improve the Nation’s workforce, and/or public health case studies, and evaluation on chronic community public health assessment information and communication disease prevention and health and planning systems. systems. promotion programs, policies, and (5) Collaborate with funded (4) Collaborate with CDC and other information and communication organization(s) to conduct and/or public health and non-traditional systems. publish research to strengthen the partners to improve the Nation’s (7) Collaborate with CDC to improve science base of public health practice. community public health assessment the understanding and use of law by (6) Collaborate with funded and planning systems, including (but public health systems as a tool for organization(s) to improve the practice not limited to) encouraging and effective public health practice, of chronic disease prevention and providing assistance in the use of including (but not limited to) the control. available community public health following: (7) Collaborate with funded improvement tools and disseminating (a) Developing and/or conducting organization(s) to improve the these tools to a broad constituency. public health law training; understanding and use of law by public (5) Collaborate with CDC and other (b) Conducting applied research in health systems as a tool for effective public health and non-traditional public health law; and; public health practice. partners to conduct and/or publish (c) Developing and/or disseminating research to strengthen the science base information about public health laws E. Application Content of public health practice, including (but relevant to local public health agencies The application must be developed in not limited to) the following: and systems. accordance with PHS 5161–1 (Revised (a) Identifying the most effective 2. CDC Activities 7/92, OMB Number 0937–0189) and organizational components of public must contain a narrative description of health systems; A. Core Activities each proposed project, which must (b) Determining the extent to which (1) Collaborate with funded include: public health practitioners have access organization(s) to develop and maintain 1. A statement of the problem(s) to be to current information about a directory of member profiles from the addressed and how each of the Performance Standards programs and public health workforce that describes proposed projects will impact on the determine the most effective means of and classifies the workforce by all problem(s), including how they will improving access to that information; pertinent individual workforce help ‘‘Improve the Nation’s Public (c) Ensuring the reliability and characteristics and demographic keys. Health Infrastructure and Improve the validity of the Performance Standards (2) Collaborate with funded Performance of Public Health monitoring tool; organization(s), as appropriate, in Agencies.’’ (d) Analyzing the results of assessing progress toward meeting 2. A clear and concise description of Performance Standards monitoring; and strategic and operational goals and project objectives and the approach(es) (e) Evaluating the impact of project objectives. to be used in achieving project activities on the performance of public (3) Collaborate with funded objectives, to be provided in one health organizations, the public health organization(s), as appropriate, in the application but separately for each core workforce, and/or public health development and maintenance of and special project, along with evidence information and communication information and communication of the applicant’s ability to provide the systems. systems. staff, knowledge, and other resources to (6) Collaborate with CDC and other achieve those objectives, including public health and non-traditional B. Special Projects descriptions of the names and partners to improve the practice of (1) Collaborate with funded qualifications of professional staff to be chronic disease prevention and control, organization(s) to encourage the use and assigned to each project and the including (but not limited to) the emphasize the importance of public facilities, space, and equipment following: health system Performance Standards, available for each project. (a) Collaborate with CDC to identify, including marketing to a broad public 3. A separate description of the translate, and disseminate information health constituency, and then to activities to be undertaken in carrying on policies, programs, and best practices translate and link these Performance out each project, a proposed schedule that are effective in addressing chronic Standards into public health workforce for accomplishing those activities, a diseases (including the elimination of competencies and provide training and/ description of the responsibilities of health disparities); or technical assistance for the public proposed staff in accomplishing those (b) Collaborate with CDC to increase health workforce to meet these activities (including an estimate of time the capacity of public health systems to Performance Standards and allocations for project staff), and a develop, implement, and manage competencies. detailed budget which specifies comprehensive chronic disease (2) Collaborate with funded anticipated costs for conducting each of prevention programs; organization(s) to improve the the project activities.
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4. Budget information should be addressed and relationship to purpose consistent with the intended use of submitted for each separate project. The of cooperative agreement. cooperative agreement funds. SF 424A used for this budget Project Objectives, Activities, and H. Other Requirements information should include separate Implementation Plan (30 Points) columns for each project. Multiple SF Technical Reporting Requirements Specificity, measurability, and 424A forms are encouraged. Applicant must provide CDC with an feasibility of objectives and proposed The narrative should be no more than original plus two copies of: activities, including a schedule for 30 single-spaced pages (not including 1. Semi-annual progress reports, at the implementing proposed activities, a appendices for items such as curricula end of the second and fourth quarters of description of the responsibilities and vitae, letters of support, and other each budget period, no later than 30 time allocations of proposed staff in similar supporting information). The days after the end of each of those accomplishing those activities, and a narrative should be printed on one side, quarters (a cumulative progress report plan for collaborating with CDC and with one-inch margins, and a font size for the first three quarters of each budget other relevant public health and/or of no less than 12 point, on white 8.5 period will be prepared as part of the healthcare organizations in conducting x 11 paper. All pages should be clearly annual application for continuation each project. numbered, and a complete Table of funding during the project period). Contents for the application and its Evaluation (10 Points) 2. Annual Financial Status Reports, appendices must be included. The Appropriateness of the methods to be no later than 90 days after the end of required original application and two each budget period. full copies must be submitted unstapled used to monitor the implementation of proposed activities, measure the 3. Final financial status and progress and unbound (including materials in the reports, no later than 90 days after the appendices), in order to allow the entire achievement of project objectives, and evaluate the impact of each project. end of the project period. application to run through an automatic The following additional document feed copier. Organizational Qualifications and requirements are applicable to this F. Submission and Deadline Experience (20 Points) program. For a complete description of each, see Attachment 1 in the Applicants must submit an original Evidence of applicant’s ability to application kit. and two copies of PHS 5161–1 (OMB provide staff, facilities, space, Number 0937–0189). Forms are equipment, and financial/other AR–9 Paperwork Reduction Act available at the following Internet resources required to accomplish the Requirements address: http://www.cdc.gov/od/pgo/ goals and objectives of each project, AR–10 Smoke-Free Workplace funding/funding.htm, or in the including descriptions of the names and Requirements application kit. qualifications of professional staff to be AR–11 Healthy People 2010 On or before July 2, 2001, submit the assigned to each project and the AR–12 Lobbying Restrictions application to the Grants Management facilities, space, and equipment I. Authority and Catalog of Federal Specialist identified in the ‘‘Where to available for each project. Domestic Assistance Number Obtain Additional Information’’ section Size of Organizational Membership (10 This program is authorized under of this announcement. Points) Deadline: Applications shall be Section 317(k)(2) of the Public Health considered as meeting the deadline if Minimum requirements to qualify for Service Act, 42 U.S.C. 247b(k)(2) as they are either: large membership as a national, non- amended. The Catalog of Federal 1. Received on or before the deadline profit public health professional Domestic Assistance number is 93.283. date; or organization is at least 10,000 members. J. Where To Obtain Additional 2. Sent on or before the deadline date (Organizations that do not meet these Information and received in time for submission to minimum requirements may still apply the independent review group. for this cooperative agreement, but will This and other CDC announcements (Applicants must request a legibly-dated not be awarded points for this can be found on the CDC web site at U.S. Postal Service postmark or obtain evaluation criterion.) http://www.cdc.gov. On CDC’s a legibly-dated receipt from a homepage below the ‘‘Spotlights’’, click Breadth of Organizational Membership on ‘‘Funding Opportunities’’, then on commercial carrier or the U.S. Postal (10 Points) Service. Private-metered postmarks ‘‘Grants and Cooperative Agreements’’. shall not be acceptable as proof of Minimum requirements to qualify for To obtain additional business timely mailing.) broad-based membership as a national, management information, contact: Late Applications: Applications non-profit public health professional Juanita D. Crowder, Grants which do not meet the criteria in 1. or organization is at least representation of Management Specialist, Grants 2. above are considered late multiple segments of the public health Management Branch, Procurement and applications, will not be considered, practice and academic communities and Grants Office, Centers for Disease and will be returned to the applicant. all categories of healthcare occupations, Control and Prevention, 2920 from both the public and private Brandywine Road, Room 3000, Atlanta, G. Evaluation Criteria healthcare sectors. (Organizations that GA 30341–4146. Telephone number: The application will be reviewed and do not meet these minimum 770–488–2734. E-Mail Address: evaluated by a CDC-convened objective requirements may still apply for this [email protected]. review panel, based on the adequacy of cooperative agreement, but will not be To obtain additional programmatic the proposal relative to the following awarded points for this evaluation information, contact: Susan J. Shaw, criteria: criterion.) Division of Public Health Systems Development and Research, Public Purpose of Project (20 Points) Budget Justification (not scored) Health Practice Program Office, Centers Applicant’s understanding of each Extent to which the budget is for Disease Control and Prevention, project’s purpose/problem to be reasonable, clearly justified, and 4770 Buford Highway, N.E. (MailStop
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K–37), Atlanta, GA 30341–3717. OMB No.: 0970–0062. awards of discretionary grants to eligible Telephone: 770–488–2482. E-Mail: Description: The Office of Community applicants. [email protected]. Services (OCS) is requesting approval to The application forms that will be Dated: March 29, 2001. continue the use of its program used contain information for John L. Williams, announcements to collect information competitive review in accordance with the program announcements’ Director, Procurement and Grants Office, which will enable the agency to Centers for Disease Control and Prevention determine which projects to fund and guidelines. The data provided is (CDC). the amount of the grant awards. The necessary to compute the amount of the grant in relation to proposed project [FR Doc. 01–8225 Filed 4–3–01; 8:45 am] programs covered include: Community activities by the ACF Grant Officers. BILLING CODE 4163–18–P Food and Nutrition; Community OMB recommended that ACF submit Economic Development Discretionary one information collection package Grants Program; Low Income Home covering all OCS discretionary program DEPARTMENT OF HEALTH AND Energy Assistance Program Residential HUMAN SERVICES announcements, since the same Energy Assistance Challenge Option application form is used in each Program (REACH); LIHEAP Administration for Children and announcement. This information Clearinghouse T&TA; Job Opportunities Families collection was last approved in 1998; it for Low-Income Individuals; CSBG is due to expire October 31, 2001. Since Proposed Information Collection Training and Technical Assistance and the last approval, we have added the Activity; Comment Request Capacity Building; and Family Violence Residential Energy Assistance Challenge Prevention and Services Program. Option Program (REACH) as an Proposed Projects Information collected from the additional Low Income Home Energy Title: Information collection from requirements contained in these Assistance Program. applicants who will respond to Request program announcements will be the sole Respondents: State and local for Applications for funding of seven source of information available to OCS governments, Indian tribes, not-for- OCS competitive grants. in reviewing applications leading to profit organizations.
ANNUAL BURDEN ESTIMATES
Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours
Comm. Economic Development, An ...... 250 1 28 7,000 Comm. Food and Nutrition, An ...... 250 1 10 2,500 LIHEAP Clearing-house RFP (T&TA) ...... 5 1 10 50 LIHEAP REACH, Ann ...... 45 1 10 450 JOLI, Ann ...... 170 1 30 5,100 T&TA (CSBG), Ann ...... 70 1 10 700 Family Violence ...... 150 1 30 4,500
Estimated Total Annual Burden Hours ...... 20,300
In compliance with the requirements the quality, utility, and clarity of the DEPARTMENT OF HEALTH AND of section 3506 (c)(2)(A) of the information to be collected; and (d) HUMAN SERVICES Paperwork Reduction Act of 1995, the ways to minimize the burden of the Administration for Children and collection of information on Administration for Children and Families is soliciting public comment respondents, including through the use Families on the specific aspects of the of automated collection techniques or Office of Planning, Research and information collection described above. other forms of information technology. Copies of the proposed collection of Evaluation; Grant to the National Consideration will be given to Fatherhood Initiative information can be obtained and comments and suggestions submitted comments may be forwarded by writing within 60 days of this publication. AGENCY: to the Administration for Children and Office of Planning, Research Families, Office of Information Services, Dated: March 29, 2001. and Evaluation, ACF, DHHS. 370 L’Enfant Promenade, S.W., Bob Sargis, ACTION: Award announcement. Washington, D.C. 20447, Attn: ACF Reports Clearance Officer. SUMMARY: Notice is hereby given that a Reports Clearance Officer. All requests [FR Doc. 01–8236 Filed 4–3–01; 8:45 am] should be identified by the title of the noncompetitive grant award is being information collection. BILLING CODE 4184–01–M made to the National Fatherhood The Department specifically requests Initiative to finance a targeted public comments on: (a) whether the proposed education campaign throughout the year collection of information is necessary 2001. Funds will be utilized to write, for the proper performance of the produce, distribute, and market two functions of the agency, including new television public service whether the information shall have announcements and to facilitate practical utility; (b) the accuracy of the marketing, distribution, tracking, and agency’s estimate of the burden of the follow-up activities conducted by the proposed collection of information; (c) Ad Council and a prominent ad agency
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for the entire 2001 public education information collection is available on Administration, 5600 Fishers Lane, campaign. the Internet at http://www.fda.gov/ Rockville, MD 20857, 301–827–7182. As a Congressional setaside, this one- ohrms/dockets. Note: Applications hand-carried or year project is being funded Dated: March 29, 2001. commercially delivered should be noncompetitively. The organization has William K. Hubbard, addressed to 5630 Fishers Lane, rm. unique experience to conduct a national 2129, Rockville, MD 20857. Please DO Senior Associate Commissioner for Policy, public education campaign to Planning, and Legislation. NOT send applications to the Center for strengthen responsible and committed Scientific Review (CSR), National [FR Doc. 01–8245 Filed 4–3–01; 8:45 am] fatherhood. The cost of this one-year Institutes of Health (NIH). Applications project is $500,000. BILLING CODE 4160–01–S mailed to CSR and not received by FDA FOR FURTHER INFORMATION CONTACT: Ken in time for orderly processing will be Maniha, Administration for Children DEPARTMENT OF HEALTH AND returned to the applicant without and Families, Office of Planning, HUMAN SERVICES consideration. Application forms can Research and Evaluation, 370 L’Enfant also be found at http://www.nih.gov/ Promenade, SW., Washington, DC Food and Drug Administration grants/phs398/forms–toc.html. 20447, Phone: 202–401–5372. FOR FURTHER INFORMATION CONTACT: Studies of Adverse Effects of Marketed Regarding the administrative and Dated: March 29, 2001. Drugs; Availability of Grants Howard Rolston, financial management aspects of (Cooperative Agreements); Request for this notice: Rosemary T. Springer Director, Office of Planning, Research and Applications Evaluation. (address above). Regarding the programmatic aspects [FR Doc. 01–8179 Filed 4–3–01; 8:45 am] AGENCY: Food and Drug Administration, of this notice: David J. Graham, BILLING CODE 4184–01–M HHS. ACTION: Notice. Office of Postmarketing Drug Risk Assessment (HFD–400), Food and DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug Drug Administration, 5600 Fishers HUMAN SERVICES Administration (FDA), Center for Drug Lane, Rockville, MD 20857, 301– Evaluation and Research, is announcing 827–3238. Food and Drug Administration the anticipated availability of funds for SUPPLEMENTARY INFORMATION: As stated cooperative agreements to study adverse later in this document, funding of the [Docket No. 00N–1449] effects of drugs marketed in the United second and third years will be States and its territories. Subject to the Agency Information Collection contingent upon: (1) Investigator’s availability of fiscal year 2002 funds, Activities; Announcement of OMB demonstrated success collaborating with FDA anticipates that approximately Approval; Changes to an Approved FDA scientists, as well as with other $900,000 will be available. FDA NDA or ANDA investigators funded by this cooperative anticipates making up to three awards, agreement program. Such demonstration AGENCY: Food and Drug Administration, each for up to $300,000 per year (direct may include suggestions for and design HHS. and indirects costs) for general of a study, analysis of data sets, and ACTION: Notice. databases that cover U.S. patients only, publication of results among FDA and cover multiple States across the United cooperative agreement investigators; SUMMARY: The Food and Drug States, had more than 1.5 million and (2) the availability of Federal fiscal Administration (FDA) is announcing enrolled patients on December 31, 2000, year appropriations. that a collection of information entitled and have the demonstrated ability to It is determined that these cooperative ‘‘Changes to an Approved NDA or obtain paper copies of anonymized agreements are exempt from the ANDA’’ has been approved by the Office patient medical records. protection of human subjects of Management and Budget (OMB) Support for these agreements may be requirements in accordance with 45 for up to 3 years subject to availability under the Paperwork Reduction Act of CFR part 46. 1995. of future funds and satisfactory FDA’s authority to fund research performance during the preceding year. FOR FURTHER INFORMATION CONTACT: projects is set out in section 301 of the The purpose of these agreements is to Karen L. Nelson, Office of Information Public Health Service Act (42 U.S.C. conduct drug safety analysis to the Resources Management (HFA–250), 241). FDA’s research program is benefit of the public’s health; respond Food and Drug Administration, 5600 described in the Catalog of Federal expeditiously to urgent public safety Fishers Lane, Rockville, MD 20857, Domestic Assistance, No. 93.103. concerns; provide a mechanism for 301–827–1482. Applications submitted under this collaborative pharmacoepidemiological SUPPLEMENTARY INFORMATION: In the program are not subject to the research designed to test hypotheses, Federal Register of December 21, 2000 requirements of Executive Order 12372. particularly those arising from (65 FR 80440), the agency announced The Public Health Service (PHS) suspected adverse reactions reported to that the proposed information collection strongly encourages all grant recipients FDA; and enable rapid access to U.S. had been submitted to OMB for review to provide a smoke-free workplace and population-based data sources to ensure and clearance under 44 U.S.C. 3507. An to discourage the use of all tobacco public safety when necessary. agency may not conduct or sponsor, and products. This is consistent with the a person is not required to respond to, DATES: Submit applications by June 4, PHS mission to protect and advance the a collection of information unless it 2001. physical and mental health of the displays a currently valid OMB control ADDRESSES: Application kits are American people. number. OMB has now approved the available from, and completed FDA is committed to achieving the information collection and has assigned applications should be submitted to health promotion and disease OMB control number 0910–0431. The Rosemary T. Springer, Division of prevention objectives of ‘‘Healthy approval expires on March 31, 2004. A Contracts and Procurement Management People 2010,’’ a national activity to copy of the supporting statement for this (HFA–520), Food and Drug reduce morbidity and mortality and to
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improve the quality of life. Applicants those questions deemed feasible within to all relevant medical care data may obtain a hard copy of ‘‘Healthy a few months. including drug exposure data, coded People 2010’’ objectives, volumes I and medical outcomes, vital records, cancer Databases II, Conference Edition (B0074) for $22 registries, and birth defect registries; (4) per set, by writing to the Office of For the purpose of this RFA, all have a low patient turnover, thereby Disease Prevention and Health $300,000 awards will be to fund U.S. permitting long-term longitudinal Promotion (ODPHP) Communication longitudinal databases that: (1) Cover followup of most patients for delayed Support Center, P.O. Box 37366, U.S. patients only, (2) cover multiple adverse effects (e.g., National Heart, Washington, DC 20013–7366. Each of States across the United States, (3) had Lung, and Blood Institute Framingham the 28 chapters of ‘‘Healthy People more than 1.5 million enrolled patients Heart Study); (5) address effects from 2010’’ is priced at $2 per copy. on December 31, 2000, and (4) have the chronically used drugs; and (6) address Telephone orders can be placed with demonstrated ability to obtain paper delayed effects resulting from drug use. ODPHP on 301–468–5690. OPDHP also copies of anonymized patient medical Submitted applications must include sells the complete Conference Edition in records. an indepth description of the database CD-ROM format (B0071) for $5. This These U.S. databases must be able to: and provide descriptive and publication is also available on the (1) Provide exposure data on new quantitative information on diagnoses or Internet at www.health.gov/ molecular entities (those approved drug exposures in the population. healthypeople under ‘‘Publications.’’ within the last 5 years in the United States), (2) perform feasibility studies of III. Reporting Requirements I. Background multiple drugs and/or multiple Program progress reports will be New drugs are required to undergo outcomes, (3) identify adverse drug required semiannually. The Progress events that occur infrequently (i.e., at Report Summary required for the extensive testing before marketing. rates lower than can be detected in Noncompeting Continuation Generally, if FDA determines that the clinical trials), (4) provide data and Application is sufficient, if amended manufacturer or sponsor of a new drug preliminary analysis within a very short with the following information: (1) A has submitted adequate data on the new timeframe (2 to 4 weeks depending on list of all studies performed or in drug’s safety and effectiveness, the the problem), and (5) obtain paper progress using cooperative agreement agency approves a new drug application copies of relevant anonymized patient funds, categorized into those studies (NDA) and that permits a manufacturer medical records as required for requested by FDA and all other studies; to market its product in the United completion and validation of studies (2) copies of or a list of publications, States. Although the information under the cooperative agreement. abstracts, and presentations to provided before marketing is sufficient Database characteristics of interest professional organizations; (3) a list of for approval, it is not adequate to include the ability to: (1) Estimate the top 100 drug substance exposures anticipate all effects of a product once adverse event rates or relative risks for for the previous year; and (4) a summary it comes into general use. This request a specific event; (2) estimate the of any changes in the demographics or for applications (RFA) is intended to contribution of various risk factors capabilities of the database over the last encourage collaboration between FDA associated with the occurrence of year. The Program Progress Reports will and researchers with adverse events (e.g., age, sex, dose, be submitted as part of the pharmacoepidemiological databases coexisting disease, disease severity, and Noncompeting Continuation representing U.S. patients to address concomitant medication); (3) determine Application (PHS–2590, OMB Control postmarketing issues confronting the adverse event rates for generic entities No. 0925–0001). You may exceed the agency. as well as for classes of drugs; and (4) two-page limit and should specify what FDA is interested in the ability to follow patients long term after an you have done for the benefit of the measure and/or estimate incidence rates exposure to a suspect drug. Other public health. A final Progress Report and test hypotheses based on signals of desirable, but not mandatory, will be required and must be submitted possible drug safety problems characteristics include the ability to: (1) within 90 days after the expiration of originating from adverse reaction Obtain data from laboratory results, (2) the project period. reports received by FDA. link to State vital statistics, (3) link to Financial Status Reports (SF–269, II. Program Research Goals cancer registries, and (4) determine prescribed by OMB Circulars A–102 and inpatient exposure to drugs. A–110) will be required annually. These FDA shall fund up to three In addition, FDA is interested in reports must be submitted within 90 cooperative agreements whose databases databases capable of innovatively days after the last day of the budget represent, without overlap to each other applying the objectives stated above to period of the cooperative agreement. or agency contracts, different U.S. general populations. Send the original and one copy of each patient populations. The ideal data source would: (1) document to the Grants Office at the The goal for these cooperative Capture all drug exposures linked address listed above. Failure to file the agreements is to collaborate with longitudinally to each patient, Annual Progress Report or the Financial researchers who have regardless of health care delivery Status Report (SF–269) in a timely pharmacoepidemiological databases, setting. Outcomes of interest could be fashion will be grounds for suspension investigate suspected associations either acute or chronic effects. All or termination of the grant. between specific drug exposures and health provider encounters (i.e., medical Program monitoring of the grantees specific adverse events, and estimate records) would be captured whether in will be conducted on an ongoing basis such risk. The specific objectives are to: the ambulatory, emergency, chronic and written reports will be prepared by (1) Provide immediate access to existing care, or acute care setting; (2) have the the Project Officer. The monitoring may data sources with the capability of statistical power to identify rare (<1 be in the form of telephone providing assessments of study event per 5,000 exposures) adverse conversations between the Project feasibility, (2) respond to specific drug events in the population of interest; (3) Officer and/or Grants Management safety questions within a few weeks, be automated with a computerized Specialist and the Principal Investigator. and (3) provide a complete analysis to system available for linking each patient Periodic site visits with appropriate
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officials of the grantee organization may D. Funding Plan where appropriate, coauthorship of also be conducted. The results of these Up to three cooperative agreements publications. reports will be recorded in the Official may be funded for up to $300,000 each VI. Review Procedure and Criteria Grant File and may be available to the per year with the intent that they will grantee upon request. have large, general U.S. databases with A. Review Procedure A final Program Progress Report and the ability to address a variety of All applications submitted must be Financial Status Report (SF–269) must questions in the field of responsive to the RFA. Responsiveness be submitted within 90 days after the pharmacoepidemiology. These is defined as adherence to the following expiration of the project period as noted databases must: (1) Cover U.S. patients review criteria. The requested budget on the Notice of Grant Award. Send the only, (2) cover multiple States across the should be within the limits of $300,000 original and one copy to the Grants United States, (3) have greater than 1.5 total cost (direct and indirect costs). Management Officer at the address million enrolled patients on December Any application received that requests listed above. 31, 2000, and (4) have demonstrated support in excess of the maximum Up to two representatives from each ability to obtain paper copies of amount allowable will be considered cooperative agreement may be required, anonymized patient medical records. It nonresponsive and returned to the if requested by the Project Officer, to is anticipated that these cooperative applicant unreviewed. Also, this RFA is travel to FDA up to twice a year for no agreements will have a total of $900,000 limited to databases that: (1) Cover U.S. more than 2 days at a time. These available per year. patients only (2) cover multiple States meetings will include, but are not These amounts are to include all across the United States, (3) had greater limited to, presentation on study design direct and indirect costs. Federal funds than 1.5 million enrolled patients as of and findings and discussions with FDA for this program are limited, therefore, December 31, 2000, and (4) have the staff involved in the collaborative if two or more cooperative agreements demonstrated ability to obtain paper research. At least one FDA employee are perceived as duplicative or very copies of anonymized patient medical may visit the cooperative agreement site similar data sources with one another, records. Those applications failing to at least once a year for collaboration and FDA will support only the source with meet any of the above criteria will be information exchange. the best score. If any data source is classified as nonresponsive, will not be IV. Mechanism of Support perceived as duplicative or very similar considered for funding under this RFA, to an existing FDA research contract, the and will be returned to the applicant A. Award Instrument contract will take precedence over the unreviewed. Support of this program will be in the application. (FDA contracts include IMS Responsive applications will undergo form of cooperative agreements. All Health, Inc., databases: National dual peer review. A review panel of awards will be subject to all policies Prescription Audit Plus, National experts, comprised primarily of non- and requirements that govern the Disease and Therapeutic Index, Provider Federal scientists, in the fields of research grant programs of PHS, Prospective, Retail Prospective, Direct to epidemiology, statistics, and database including the provisions of 42 CFR part Consumer-Integrated Promotional management will review and evaluate 52, 45 CFR parts 74 and 92 and the PHS Services (Contract No. 223–01–5501)). each application based on its scientific Grants Policy Statement. merit. Responsive applications will also V. Delineation of Substantive be subject to a second level review by B. Eligibility Involvement a National Advisory Council for These cooperative agreements are Inherent in the cooperative agreement concurrence with the recommendations available to any domestic (U.S.) public award is substantive involvement by the made by the first level reviewers, and or private nonprofit organization awarding agency. Accordingly, FDA the final funding decisions will be made (including State and local governments) will have a substantive involvement in by the Commissioner of Food and Drugs and any for-profit organization. For- the programmatic activities of all (the Commissioner) or the profit organizations must exclude fees projects funded under this RFA. Commissioner’s designee. or profit from their requests for support. Involvement may be modified to fit the Organizations described in section unique characteristics of each B. Review Criteria 501(c)4 of the Internal Revenue Code of application. Substantive involvement Applicants are strongly encouraged to 1968 that engage in lobbying are not includes, but is not limited to, the contact FDA to resolve any questions eligible to receive grant/cooperative following: regarding criteria or administrative agreement awards. 1. FDA will appoint Project Officers procedures prior to the submission of who will actively monitor the FDA their application. See the FOR FURTHER C. Length of Support supported program under each award INFORMATION CONTACT section of this The first year will be competitive and and collaborate with award recipients. document for contact information. future support for the second and third 2. FDA Project Officers will Applications will be reviewed years will be noncompetitive. Future participate in the selection and approval according to the following criteria, with support will be contingent upon: (1) of the drug and medical events to be each criteria being of equal weight Investigator’s demonstrated success studied as predicated by the needs of within each major category, unless collaborating with FDA scientists, as FDA and the public interest. The drug otherwise specified. All applications well as other investigators funded by and medical events to be studied will be will be scored with a maximum of 500 this cooperative agreement program. jointly agreed upon by the Principal points allowable. Such demonstration may include Investigator and the FDA Project Officer. The size and characteristics of the suggestions for and design of a study, 3. FDA Project Officers and scientists general, longitudinal database should analysis of data sets, and publication of will collaborate with awardees in study include the following: results from investigations performed by design and data analysis. Collaboration 1. Database Characteristics (255 points) FDA and cooperative agreement may include sharing of the analysis data a. Structure (70 points). Raw data investigators; and (2) the availability of set, interpretation of findings, review of from multiple State sites is stored in a Federal fiscal year appropriations. manuscripts, design of protocols, and central database repository at one site.
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All analysis data sets are efficiently defined here.) Include the definitions database. Include the drug and number derived from this central database. (70 used to obtain the cohorts listed. Please of exposures as of December 31, 2000. points) also provide, wherever possible, 11. Provide the name and description There is no central database where publications or studies regarding any of of the software package used to raw data from all State sites is collected the following special populations that calculate person-time at risk and time of and stored. However, the same data describe studies of adverse drug event occurrence in the database. If the elements defined in the same way are reactions conducted in your database: software package is not commercially stored in multiple databases (a) Children (those under 21 years of available (e.g., SAS, SPSS, S+, Stata), corresponding to the multiple State age as of December 31, 2000), include the algorithm used by the sites. The data structure at each of these (b) Women between the ages of 18 and software. multiple sites allows easy integration 50 as of December 31, 2000, 12. Provide a description of the across sites to create a unified analysis (c) Persons aged 65 and above as of applicant organization’s ability to data set. (30 points) December 31, 2000, generate anonymized data sets that can b. Size (70 points). Applicants should (d) Deliveries as of December 31, be provided to authorized FDA list number of patients enrolled in their 2000, and personnel for further analysis or data database as of December 31, 2000. (e) Persons diagnosed with human pooling purposes. Include a description • 3 million covered lives (70 points) immunodeficiency virus/acquired and timeline of the clearance or other • 2.5 to 3 million covered lives (40 immunodeficiency syndrome (HIV/ procedures necessary for this process to points) AIDS) as of December 31, 2000 (include occur. If this is not possible due to • 2 to 2.5 million covered lives (30 definition of HIV/AIDS). database or other constraints, provide a points) 4. Provide a detailed description of detailed explanation of why data sets • 1.5 to 2 million covered lives (10 the patient enrollment and turnover cannot be exported for research points) rates for the past 5 years. Include data purposes. c. Duration (55 points). The calendar specifying the numbers of new patients time-period for which detailed patient and departing patients for each year, as 2. New Molecular Entity (NME) longitudinal data are available and well as the average length of enrollment. Identification (200 points) linked for routine, day-to-day analysis 5. Provide a description of the drug In table 1 of this document, 40 from at least 80 percent of the multiple and disease classification systems used recently approved NME’s are listed. State sites. in the database. Include the generally Applicants should respond with the • 5 years of data online (0 points) accepted name of the system, revision number of unique patients in their • 5 years of data online (25 points) currently used, and a reference to the system with at least 1 outpatient • 6 points for each additional year organization that maintains the prescription for each of the 40 drug beyond 5 years of online data to a classification standard. products listed in table 1. For each drug, possible total of 55 points 6. Provide a detailed process points will be awarded by the review d. General database features (60 description and timeline for retrieving panel according to the following points). A maximum of five points and and reviewing 100 medical records for schedule: a minimum of zero points will be validity of a diagnosis. Include an • 25,000 exposed patients (5 points) awarded for each of the following estimate of the number and type of • 20,001 to 25,000 exposed patients (4 criterion: personnel and percentage of personnel points) 1. Provide a detailed process commitment necessary for achieving • 15,001 to 20,000 exposed patients (3 description and timeline of the process this task. point) for creating a cohort based on drug 7. Provide a published reference or • 10,001 to 15,000 exposed patients (2 exposure or clinical diagnosis. Include a report referencing the occasion in which points) list of data fields available for the database was used to link to a cancer • 5,001 to 10,000 exposed patients (1 determining drug exposure and clinical registry and to State vital statistics for point) diagnoses or procedures. In addition, an investigation. If no report or • 5,000 or fewer exposed patients (0 include an estimate of the number and reference is available, please describe in points). type of personnel and percentage of detail how these linkages could be FDA recognizes that no database will personnel commitment necessary for accomplished using the database. receive full points for every drug achieving this task. Include a list of variables available for requested, or necessarily have each of 2. Provide a detailed description of linking and a detailed description of the the drugs listed in the table in their how patient demographic, health linking algorithm. formulary. FDA is interested in the provider encounters, and drug exposure 8. Provide three reports or references ability of each database to address data are linked for the purposes of in which a drug-drug interaction was potential safety issues related to analysis. Include information on the the focus of the investigation. If no recently approved drugs, now and in the specific variable(s) used to link the data reports or references are available, future. NME’s eligible for scoring with together, and a description of provide a detailed description of how the previously described criteria are information pulled from each file. such a study could be conducted using shown in table 1 below: 3. Provide age, ethnicity, gender the database. Include an explanation of distribution, and total number of how the cohort for the study would be TABLE 1.—NEW MOLECULAR ENTITIES participants where appropriate for the created and followed and how drug populations listed below as categories interactions would be defined. Brand Name Year Approved (a) through (e). All questions should be 9. Provide a detailed process Aciphex ...... 1999 answered using the 2000 calendar year description and timeline between a Actonel ...... 1998 as a reference. (Please note that this list patient event (office visit, Actos ...... 1999 is only a sample for evaluation hospitalization, etc.) and the availability Amerge ...... 1998 purposes, and that the specific target of data from that event for analysis. Avandia ...... 1999 populations of future interest to FDA 10. Provide a list of the top 50 drug Avelox ...... 1999 and the public may not be explicitly substances of exposure contained in the Celebrex ...... 1998
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TABLE 1.—NEW MOLECULAR usable to the agency) to Project Officers formsltoc.html). However, as noted ENTITIES—Continued of FDA for analysis and with other above, applications are not to be mailed cooperative agreement holders in to NIH. Applicants are advised that FDA Brand Name Year Approved studies that would require data pooling. does not adhere to the page limitations 5. Budget (10 points) or type size and line spacing Celexa ...... 1998 requirements imposed by NIH on its Comtan ...... 1999 Reasonableness of the proposed applications. Applications must be Detrol ...... 1998 budget. Special consideration will be Evista ...... 1997 submitted via mail delivery as stated Evoxac ...... 2000 given to methodology which is cost above. FDA is unable to receive effective (e.g., well-structured medical Flomax ...... 1997 applications via the Internet. Gabitril ...... 1997 records and/or records linkage) if Lotronex ...... 2000 otherwise scientifically acceptable. B. Format of Application Maxalt ...... 1998 Meridia ...... 1997 VII. Submission Requirements Applications must be submitted on Micardis ...... 1998 The original and two copies of the Grant Application Form PHS 398 Mirapex ...... 1997 completed Grant Application Form PHS (revised 4/98). All ‘‘General Mobic ...... 2000 Pletal ...... 1999 398 (revised 4/98 OMB Control No. Instructions’’ and ‘‘Specific Posicor ...... 1997 0925–0001) or the original and two Instructions’’ in the application kit Prandin ...... 1997 copies of Form 5161 for State and local should be followed with the exception Protonix ...... 2000 governments (Revised 7/00, OMB of the receipt dates and the mailing Provigil ...... 1998 Control No. 0348–0042), with sufficient label addresses. Do not send Raxar ...... 1997 copies of the appendix for each applications to CSR, NIH. Applications Relenza ...... 1999 application should be delivered to from State and local governments may Rezulin ...... 1997 Rosemary T. Springer (address above). Singulair ...... 1998 be submitted on Form PHS 5161 Sonata ...... 1999 State and local governments may choose (revised 6/99) or PHS 398 (revised 4/98). Tamiflu ...... 1999 to use the PHS 398 application in lieu The face page of the application must Tasmar ...... 1998 of the PHS 5161. No supplemental reflect the request for applications Tikosyn ...... 1999 material will be accepted after the number RFA–FDA–CDER–02–1. This Trovan ...... 1997 closing date. The outside of the mailing information collection is approved Viagra ...... 1998 package should be labeled ‘‘Response to under OMB control number 0925–0001. Vioxx ...... 1999 RFA–FDA–CDER–02–1’’. The Xenical ...... 1999 application receipt date is June 4, 2001. C. Legend Ziagen ...... 1998 Zomig ...... 1997 VIII. Method of Application Data included in the application, if Zyvox ...... 2000 A. Submission Instructions restricted with the legend specified below, may be entitled to confidential 3. Personnel (20 points) Applications will be accepted during treatment as trade secret or confidential normal working hours, 8 a.m. to 4:30 Personnel should have the following commercial information within the qualifications: p.m., Monday through Friday, on or before June 4, 2001. meaning of the Freedom of Information a. Scientific (15 points).—Extensive Act (FOIA) (5 U.S.C. 552(b)(4)) and research experience, training, and Applications will be considered FDA’s implementing regulations (21 competence. Special consideration will received on time if sent or mailed on or CFR 20.61). be given to teams with knowledge and before the receipt date as evidenced by previous experience in drug the legible U.S. Postal Service dated Unless disclosure is required by FOIA epidemiology. Applicants with strong postmark or a legible date receipt from as amended (5 U.S.C. 552) as acute and chronic disease epidemiology a commercial carrier, unless they arrive determined by the freedom of backgrounds and a demonstrated ability too late for orderly processing. Private information officials of the Department to draw on consultative expertise metered postmarks shall not be of Health and Human Services or by a (particularly in the areas of acceptable as proof of timely mailing. court, data contained in the portions of postmarketing surveillance and Applications not received on time will the application that have been epidemiology) are encouraged to apply. not be considered for review and will be specifically identified by page number, (If consultants are used, letters of intent returned to the applicant. paragraph, etc., by the applicant as or other contractual agreements, Note: Applicants should note that the containing confidential commercial including beginning and end dates, U.S. Postal Service does not uniformly information or other information that is provide dated postmarks. Before relying shall be included in the application to exempt from public disclosure will not on this method, applicants should check fulfill this requirement.) Demonstrated be used or disclosed except for with their local post office. ability to initiate, conduct, complete, evaluation purposes. and publish epidemiology studies in a Do not send applications to CSR, NIH. timely manner. Any application that is sent to NIH, that Dated: March 29, 2001. b. Support (5 points).—Project is then forwarded to FDA and received William K. Hubbard, management and information systems after the applicable due date, will be Senior Associate Commissioner for Policy, expertise with previous experience in deemed unresponsive and returned to Planning, and Legislation. the organization and manipulation of the applicant. Instructions for [FR Doc. 01–8246 Filed 4–3–01; 8:45 am] completing the application forms can be large data sets and specific experience BILLING CODE 4160–01–S in databases under agreement. found on the NIH home page on the Internet (address http://www.nih.gov/ 4. Data Sharing (15 points) grants/funding/phs398/phs398.html; the To provide study data sets (free of application forms can be found at http:/ patient identifiers and in a format /www.nih.gov/grants/funding/phs398/
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DEPARTMENT OF HEALTH AND licensed biological product; timeframes SUPPLEMENTARY INFORMATION: for FDA’s review of postmarketing HUMAN SERVICES I. Background studies; and information about Food and Drug Administration postmarketing studies that will be FDA is announcing the availability of available to the public. The draft a draft document entitled ‘‘Guidance for Women’s Health Dialogue; Public guidance is intended to assist applicants Industry: Reports on the Status of Meeting in meeting the requirements of section Postmarketing Studies—Implementation of Section 130 of the Food and Drug AGENCY: Food and Drug Administration, 130 of the Food and Drug Administration Modernization Act of HHS. Administration Modernization Act of 1997. 1997.’’ Section 506B (‘‘Reports of ACTION: Notice of meeting. Postmarketing Studies’’) of the Federal DATES: Submit written comments on the Food, Drug, and Cosmetic Act (the act, The Food and Drug Administration’s draft guidance to ensure their adequate 21 U.S.C. 356b) provides FDA with (FDA) Office of Women’s Health is consideration in preparation of the final additional authority for monitoring the announcing the following meeting: document by July 3, 2001. Submit progress of postmarketing studies that Women’s Health Dialogue. The topics to written comments on the information drug and biologics applicants have be discussed are: Women in clinical collection provisions by June 4, 2001. made a commitment to conduct. trials, product safety, and consumer General comments on agency guidance Postmarketing studies are those studies education and outreach. documents are welcome at any time. conducted after approval to gather Date and Time: The meeting will be ADDRESSES: Submit written requests for information about approved drug or held on April 18, 2001, from 10:30 a.m. single copies of the draft guidance biologics products. Such studies are to 5:30 p.m. entitled ‘‘Guidance for Industry: Reports used to gather additional information Location: Humbert Humphrey Bldg., on the Status of Postmarketing about product safety, efficacy, or 200 Independence Ave. NW., Studies—Implementation of Section 130 optimal use. Washington, DC. of the Food and Drug Administration Under 506B(a) of the act, an applicant Contact: Gwen Jones, Office of Modernization Act of 1997’’ to the Drug who has entered into an agreement with Women’s Health, 301–827–3369, FAX: Information Branch (HFD–210), Center FDA to conduct a postmarketing study 301–827–0926. Space is limited. Please for Drug Evaluation and Research is required to provide the agency with contact Gwen Jones by April 13, 2001. (CDER), Food and Drug Administration, an annual report on the status of the If you need special accommodations 5600 Fishers Lane, Rockville, MD study until the study is completed or due to a disability, please contact Gwen 20857, or the Office of Communication, terminated. The annual report must Jones at least 7 days in advance. Training, and Manufacturers Assistance address the progress of the study or the Dated: March 29, 2001. (HFM–40), Center for Biologics reasons for the failure of the applicant William K. Hubbard, Evaluation and Research (CBER), Food to conduct the study. Section 506B(c) of Senior Associate Commissioner for Policy, and Drug Administration, 1401 the act directs FDA to develop and Planning, and Legislation. Rockville Pike, suite 200N, Rockville, publish annually in the Federal Register [FR Doc. 01–8201 Filed 4–3–01; 8:45 am] MD 20852–1448. Send one self- a report on the status of postmarketing addressed adhesive label to assist the studies that applicants have made a BILLING CODE 4160–01–S office in processing your requests. The commitment to conduct and for which document may also be obtained by mail status reports have been submitted. In DEPARTMENT OF HEALTH AND by calling CDER at 301–827–4573 or the the Federal Register of October 30, 2000 HUMAN SERVICES CBER Voice Information System at 1– (65 FR 64607), the agency published a 800–835–4709 or 301–827–1800, or by final rule to implement section 506B of Food and Drug Administration fax by calling the FAX Information the act. The final rule makes several System at 1–888–CBER–FAX or 301– changes to the existing regulations for [Docket No. 99N–1852] 827–3844. See the SUPPLEMENTARY approved human drugs and licensed Draft ‘‘Guidance for Industry: Reports INFORMATION: section for electronic biological products. on the Status of Postmarketing access to the draft guidance document. This draft guidance, when finalized, Studies—Implementation of Section Submit written comments on the is intended to provide information on 130 of the Food and Drug document to the Dockets Management the following: (1) Procedures concerning Administration Modernization Act of Branch (HFA–305), Food and Drug the submission of postmarketing study 1997;’’ Availability Administration, 5630 Fishers Lane, rm. status reports; (2) the content and format 1061, Rockville, MD 20852. Requests of a postmarketing study status report; AGENCY: Food and Drug Administration, and comments should be identified with (3) timeframes for FDA’s review of HHS. the docket number found in brackets in postmarketing study reports; and (4) ACTION: Notice. the heading of this document. information about postmarketing studies FOR FURTHER INFORMATION CONTACT: that will be available to the public. This SUMMARY: The Food and Drug Sharon T. Risso, Center for Biologics draft guidance would be applicable to Administration (FDA) is announcing the Evaluation and Research (HFM– postmarketing studies for approved availability of a draft document entitled 500), Food and Drug human drug products and licensed ‘‘Guidance for Industry: Reports on the Administration, 1401 Rockville biological products that meet the Status of Postmarketing Studies— Pike, suite 200N, Rockville, MD definition of ‘‘drug’’ under the act. It Implementation of Section 130 of the 20852–1448, 301–827–5098; or would not apply to biological products Food and Drug Administration James L. Cobbs, Center for Drug that meet the definition of medical Modernization Act of 1997.’’ This draft Evaluation and Research (HFD– ‘‘device’’ under the act; or to veterinary guidance provides recommendations on 102), Food and Drug drug products, which will be addressed procedures, content, and format for Administration, 5600 Fishers Lane, separately. submitting a postmarketing study status Rockville, MD 20857, 301–594– The draft guidance is being issued report for an approved human drug or 5610. consistent with FDA’s good guidance
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practices regulation (21 CFR 10.115; 65 1320.3(c) and includes agency requests In addition to the information FR 56468, September 19, 2000). This or requirements that members of the collection provisions of the final rule draft guidance document represents the public submit reports, keep records, or submitted to OMB, this draft guidance agency’s current thinking on the provide information to a third party. would recommend an additional submission of postmarketing study Section 3506(c)(2)(A) of the PRA (44 information collection. The draft reports for approved human drug or U.S.C. 3506(c)(2)(A)) requires Federal guidance proposes that applicants with licensed biological products. It does not agencies to provide a 60-day notice in postmarketing study commitments create or confer any rights for or on any the Federal Register concerning each submit with their annual report a person and does not operate to bind proposed collection of information redacted version of each status report FDA or the public. An alternative before submitting the collection to OMB that already has been formatted and approach may be used if such approach for approval. To comply with this completed for submission. Applicants satisfies the requirements of the requirement, FDA is publishing notice would redact complete reports to the applicable statutes and regulations. As of the proposed collection of extent necessary to protect trade secrets with other guidance documents, FDA information set forth in this document. or to conceal individual patient does not intend this document to be all- With respect to the following identifiers. FDA would use this redacted inclusive and cautions that not all collection, FDA invites comments on: report for release to the public on its information may be applicable to all (1) Whether the proposed collection of website and in the report on the status situations. information is necessary for the proper of postmarketing studies required under performance of FDA’s functions, section 506B(c) of the act. FDA would II. Comments including whether the information will accept the redacted version of the This draft document is being have practical utility; (2) the accuracy of applicant’s status report either in an distributed for comment purposes only, FDA’s estimate of the burden of the electronic format compatible with and is not intended for implementation proposed collection of information, FDA’s electronic database or in hard at this time. Interested persons may including the validity of the copy. submit to the Dockets Management methodology and assumptions used; (3) Respondents to this information Branch (address above) written ways to enhance the quality, utility, and collection are applicants holding comments regarding this draft guidance clarity of the information to be approved applications for human drugs document. Submit written comments to collected; and (4) ways to minimize the and biological products that are ensure adequate consideration in burden of the collection of information required or have committed to conduct preparation of the final document by on respondents, including through the postmarketing studies. July 3, 2001. Two copies of any use of automated collection techniques, Based on agency records, there are comments are to be submitted, except when appropriate, and other forms of approximately 183 drug applicants who individuals may submit one copy. information technology. are required or who have committed to Comments should be identified with the conduct approximately 462 Draft Guidance for Industry: Reports on docket number found in the brackets in postmarketing studies and the Status of Postmarketing Studies— the heading of this document. A copy of approximately 33 applicants holding Implementation of Section 130 of the the document and received comments approved biologics license applications Food and Drug Administration are available for public examination in who are required or who have Modernization Act of 1997 the Dockets Management Branch committed to conduct approximately 86 between 9 a.m. and 4 p.m., Monday This draft guidance document is postmarketing studies. The agency through Friday. intended to complement the final rule assumes that all of the estimated 216 that implemented section 506B of the respondents would submit voluntarily III. The Paperwork Reduction Act of act by describing in greater detail the approximately 548 redacted versions of 1995 content, format, and timing their annual status reports. Based on Under the Paperwork Reduction Act requirements for the postmarketing FDA experience, the agency estimates (the PRA) (44 U.S.C. 3501–3520), study reports required to be submitted that an applicant would expend a total Federal agencies must obtain approval to FDA by section 506B. In compliance of 0.5 hours preparing a redacted from the Office of Management and with section 3507(d) of the PRA (44 version of each status report that already Budget (OMB) for each collection of U.S.C. 3507(d)), the agency has has been formatted and completed for information they conduct or sponsor. submitted the information collection submission. ‘‘Collection of information’’ is defined provisions of the final rule to OMB for FDA estimates the burden of this in 44 U.S.C. 3502(3) and 5 CFR review. collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Annual Frequency per No. of Respondents Response Total Annual Response Hours per Response Total Hours
Redacted 216 2.5 548 0.5 274 Version for Public Re- lease 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
In compliance with section 3507(d) of IV. Electronic Access http://www.fda.gov/cder/guidance/ the PRA, the agency is submitting the index.htm, or at http://www.fda.gov/ information collection provisions of this Persons with access to the Internet cber/guidelines.htm. draft guidance to OMB for review. may obtain the guidance document at
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Dated: March 21, 2001. electronic access to the draft guidance to bind FDA or the public. An Ann M. Witt, document. alternative approach may be used if Acting Associate Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: Gail such approach satisfies the [FR Doc. 01–8199 Filed 4–3–01; 8:45 am] L. Schmerfeld (HFV–100), Center for requirements of the applicable statutes BILLING CODE 4160–01–S Veterinary Medicine, Food and Drug and regulations. Administration, 7500 Standish Pl., II. Comments Rockville, MD 20855, 301–594–1620, e- This draft guidance is being DEPARTMENT OF HEALTH AND mail: [email protected]. HUMAN SERVICES distributed for comment purposes only SUPPLEMENTARY INFORMATION: and is not intended for implementation Food and Drug Administration I. Background at this time. Interested persons may submit to the Dockets Management [Docket No. 01D–0146] FDA is announcing the availability of Branch (address above) written the draft guidance for industry (#119) comments regarding this draft guidance Draft Guidance for Industry and entitled ‘‘How the Center for Veterinary Reviewers on How the Center for document. Submit written comments to Medicine Intends to Handle Deficient ensure adequate consideration in Veterinary Medicine Intends to Handle Submissions Filed During the Deficient Submissions Filed During the preparation of the final document by Investigation of a New Animal Drug.’’ July 3, 2001. Two copies of any Investigation of a New Animal Drug; This guidance announces CVM’s policy Availability comments are to be submitted, except regarding the circumstances under that individuals may submit one copy. which CVM intends to discontinue AGENCY: Food and Drug Administration, Comments should be identified with the review of submissions filed during the HHS. docket number found in brackets in the investigation of a new animal drug, ACTION: Notice. heading of this document. A copy of the notify the sponsor that review has been document and received comments are discontinued, and remove the SUMMARY: The Food and Drug available for public examination in the submission from the queue. Administration (FDA) is announcing the Dockets Management Branch between 9 CVM’s Office of New Animal Drug availability for comment of a draft a.m. and 4 p.m., Monday through Evaluation (ONADE) currently has a guidance for industry and reviewers Friday. significant backlog in the number of (#119) entitled ‘‘How the Center for submissions pending review. This has III. Electronic Access Veterinary Medicine Intends to Handle prompted ONADE to look at its review Deficient Submissions Filed During the Copies of the draft guidance process. ONADE found that one of the Investigation of a New Animal Drug.’’ document entitled ‘‘How the Center for significant inefficient uses of reviewer This draft guidance is neither final nor Veterinary Medicine Intends to Handle resources is the number of submissions is it in effect at this time. This draft Deficient Submissions Filed During the received by ONADE that require guidance announces the Center for Investigation of a New Animal Drug’’ significant additional information or Veterinary Medicine’s (CVM) policy may be obtained on the Internet from rehabilitation in order for ONADE to regarding the circumstances under the CVM home page at http:// complete its review. ONADE’s practice which CVM intends to discontinue www.fda.gov/cvm/. has been to keep a submission ‘‘active’’ review of submissions filed during the pending the submission of additional Dated: March 28, 2001. investigation of a new animal drug, information from sponsors. Ann M. Witt, notify the sponsor that review has been Instead of keeping deficient Acting Associate Commissioner for Policy. discontinued, and remove the submissions ‘‘active’’ pending the [FR Doc. 01–8200 Filed 4–3–01; 8:45 am] submission from the queue. submission of additional or revised BILLING CODE 4160–01–S DATES: Submit written comments on the information, ONADE intends to handle draft guidance at any time; however, them under the policy set out in this comments should be submitted by July draft guidance. If ONADE finds minor DEPARTMENT OF HEALTH AND 3, 2001, to ensure their adequate deficiencies, ONADE should request an HUMAN SERVICES consideration in preparation of the final amendment. But, if ONADE finds that a Health Resources and Services document. submission is significantly deficient, Administration ADDRESSES: Submit written comments ONADE should notify the sponsor that to the Dockets Management Branch it intends to discontinue review of the Advisory Council; Notice of Meeting (HFA–305), Food and Drug submission and remove it from the Administration, 5630 Fishers Lane, rm. queue. This policy will permit ONADE In accordance with section 10(a)(2) of 1061, Rockville, MD 20852. Comments to focus on reviewing quality the Federal Advisory Committee Act should be identified with the full title submissions that contain all the (Pub. L. 92–463), announcement is of the draft guidance and the docket information necessary for ONADE to made of the following National number found in brackets in the evaluate the submission, thereby Advisory body scheduled to meet heading of this document. Persons facilitating new animal drug approvals. during the month of April 2001. without Internet access may submit This Level 1 draft guidance is being Name: National Advisory Council on written requests for single copies of the issued consistent with FDA’s good Nurse Education and Practice (NACNEP). draft guidance to the Communications guidance practices regulation (21 CFR Date and Time: April 26, 2001; 8:30 a.m.— Staff (HFV–12), Center for Veterinary 10.115; 65 FR 56468, September 19, 5 p.m.; April 27, 2001; 8:30 a.m.—3 p.m. Medicine, Food and Drug 2000). The draft guidance represents the Place: Holiday Inn Silver Spring, 8777 Administration, 7500 Standish Pl., agency’s current thinking on handling Georgia Avenue, Silver Spring, Maryland 20910. Rockville, MD 20855. Send one self- deficient submissions filed during the The meeting is open to the public. addressed adhesive label to assist that investigation of a new animal drug. It Agenda: Invited comments from Nursing office in processing requests. See the does not create or confer any rights for Organizations regarding nursing workforce SUPPLEMENTARY INFORMATION section for or on any person and does not operate and shortage issues followed by discussion.
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NACNEP small group working sessions Allery, Cynthia Ann, University of Becenti, Deann Lynn, University of New related to nursing workforce and practice North Dakota, Turtle Mountain Band Mexico-Gallup, Navajo Tribe of AZ, issues with review, discussion, and of Chippewa Indians of North Dakota NM & UT endorsement of policy document and Allery, Lonnie William, Turtle Begay, Andreana, Northern Arizona recommendations of Ad Hoc Council work Mountain Community College, Turtle group. Administrative update of relevant University, Navajo Tribe of AZ, NM & issues since the last Council meeting and Mountain Band of Chippewa Indians UT Council discussion and vote on procedural of North Dakota Begay, Bryant, Pima Medical Institute, matters. Allison, Rochelle Jade, Arizona State Navajo Tribe of AZ, NM & UT Anyone interested in obtaining a roster of University, Navajo Tribe of AZ, NM & Begay, Michelle, University of Arizona, members, minutes of the meeting, or other UT Navajo Tribe of AZ, NM & UT relevant information should write or contact Amiotte, Lowell Ralph, University of Begay, Miranda, University of New Ms. Elaine G. Cohen, Executive Secretary, Wyoming, Oglala Sioux Tribe of the Mexico College of Pharmacy, Navajo National Advisory Council on Nurse Pine Ridge Reservation, SD Tribe of AZ, NM, & UT Education and Practice, Parklawn Building, Ammesmaki, Frank P., University of Begay, Mirielle Rose, University of New Room 9–35, 5600 Fishers Lane, Rockville, South Dakota School of Medicine, Mexico, Navajo Tribe of AZ, NM, & Maryland 20857, telephone (301) 443–1405. Minnesota Chippewa Tribe (Fond du UT Dated: March 29, 2001. Lac Band), MN Anderson, Debbie Ann, Salish-Kootenai Begay, Monica Calley, Colorado State Jane M. Harrison, University, Navajo Tribe of AZ, NM, Director, Division of Policy Review and Community College, Confederated Salish & Kootenai Tribes of the & UT Coordination. Begay, Pierrette Rose, Arizona State [FR Doc. 01–8248 Filed 4–3–01; 8:45 am] Flathead Reservation, MT Anderson, Sandra Dee, Arizona State University, Navajo Tribe of AZ, NM, BILLING CODE 4160–15–U University, Navajo Tribe of AZ, NM, & UT & UT Begay, Tamana Dollicia, University of Antonio, John Emery, University of New the Pacific, Navajo Tribe of AZ, NM, DEPARTMENT OF HEALTH AND & UT HUMAN SERVICES Mexico-Albuquerque, Pueblo of Laguna, NM Begaye, Wahaila Nizhoni, University of Indian Health Service Apple, Jennifer Lynn, Old Dominion Utah, Navajo Tribe of AZ, NM, & UT University, Choctaw Nation of Behymer, Virginia May, University of List of Recipients of Indian Health Oklahoma Alaska-Anchorage, Aleut, AK Scholarships under the Indian Health Arneson, Richelle Marie, University of Belgarde, Vita Ann, University of North Scholarship Program Washington, Central Council of the Dakota, Turtle Mountain Band of Tlingit & Haida Indian Tribes Chippewa Indians of North Dakota The regulations governing Indian Arnold, Delphine, University of New Ben, Elaine Ann, University of New Health Care Improvement Act Programs Mexico-Gallup, Navajo Tribe of AZ, Mexico-Gallup, Navajo Tribe of AZ, (Pub. L. 94–437) provide at 42 CFR NM & UT NM, & UT 36.334 that the Indian Health Service Ashley, Jeannette, New Mexico State Benally, Annisa, New Mexico Highland shall publish annually in the Federal University-Las Cruces, Navajo Tribe University, Navajo Tribe of AZ, NM, Register a list of recipients of Indian of AZ, NM & UT & UT Health Scholarships, including the Ashley, Natalie Lynn, Arizona State Benally, Cheryl Lynn, Pima County name of each recipient, school and University, Navajo Tribe of AZ, NM & Community College, Navajo Tribe of tribal affiliation, if applicable. These UT AZ, NM, & UT scholarships were awarded under the Atcitty, Nichole Robin, University of Benally, Yolanda Jean, New Mexico authority of Sections 103 and 104 of the New Mexico-Gallup, Navajo Tribe of State University, Navajo Tribe of AZ, Indian Health Care Improvement Act, 25 AZ, NM & UT NM, & UT U.S.C. 1613–1613a, as amended by the Bacoch, Michaele, University of the Bennett, Kennard Roger, Fort Lewis Indian Health Care Amendments of Pacific School of Pharmacy, Big Pine College, Navajo Tribe of AZ, NM, & 1988, Pub. L. 100–713. Paiute Shoshone UT Bailor, Jeanne Lesley, Bartlesville The following is a list of Indian Berg, Ida W., University of Phoenix, Wesleyan College, Cherokee Nation, Health Scholarship Recipients funded Navajo Tribe of AZ, NM, & UT Oklahoma under Sections 103 and 104 for Fiscal Berquist, Melissa Dawn, University of Year 2000: Barber, Tina, Northern Arizona University, Navajo Tribe of AZ, NM & North Dakota, Turtle Mountain Band Abeita, Lynn Ann, Arizona State UT of Chippewa Indians of North Dakota University, Pueblo of Isleta, NM Barkhurst, Kip, University of New Berryhill-Baker, Tishanda Leigh, Abeita, Steven John, University of New Mexico-Albuquerque, Navajo Tribe of University of Utah College of Mexico-Albuquerque, Pueblo of Isleta, AZ, NM & UT Medicine, Muskogee (Creek) Nation, NM Barnes, Carmen Rose, University of New Oklahoma Ables, Millicent Elaine, University of Mexico-Albuquerque, Confederated Betonie, Darlene Smith, University of Kansas, Choctaw Nation of Oklahoma Salish & Kootenai Tribes of the Minnesota School of Nursing, Navajo Adams, Daniel Robert, North Dakota Flathead Reservation, MT Tribe of AZ, NM, & UT State University, Sisseton-Wahpeton Barnes, Kellie Elizabeth, University of Beyale, Justina, Northern Arizona Sioux Tribe of the Lake Traverse Oklahoma, Cickasaw Nation, University, Navajo Tribe of AZ, NM, Reservation, SD Oklahoma & UT Alexander, Andrea Lynn, University of Bartholomew, Michael Lee, Dartmouth Bighorn, Lisa Elaine, University of Central Oklahoma, Seminole Nation Medical School, Kiowa Indian Tribe Denver, Assiniboine & Sioux Tribes of of Oklahoma of Oklahoma the Fort Peck Indian Reservation, MT Allery, Crystal Vernelle, Minot State Bates, Vanessicia, Arizona State Bighorn, Prairie Rose, Rocky Mountain University, Turtle Mountain Band of University, Navajo Tribe of AZ, NM & College, Assiniboine & Sioux Tribes of Chippewa Indians of North Dakota UT the Fort Peck Indian Reservation, MT
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Billy, Matilda, New Mexico Highlands Buenting, Lisa Lynette, Loma Linda Chee, Darlene Begay, Northern Arizona University, Navajo Tribe of AZ, NM, University, Mesa Grande Band of University, Navajo Tribe of AZ, NM, & UT Diegueno Mission Indians of the Mesa & UT Blue Arm, Noelle E., Creighton Grande Reservation, CA Chimoni, Reinette J., University of New University, Cheyenne River Sioux Burk, Kristi Carroll, Fort Lewis College, Mexico, Zuni Tribe of the Zuni Tribe of the Cheyenne River Alaska Native Reservation, NM Reservation, SD Burris, Brandon Christopher, University Chythlook, William Thomas, Loma Boatwright, Melinda Lea, East Central of Nevada-Reno, Caddo Indian Tribe Linda University School of Medicine, University, Choctaw Nation of of Oklahoma Aleknagik/Eskimo Oklahoma Burton, Marlette Alyce, Northland Clark, Doreen June, Carroll College, Booqua, Catherine, University of New Pioneer College, Navajo Tribe of AZ, Native Village of Barrow Inupiat Mexico-Gallup, Zuni Tribe of the NM, & UT Traditional Government Zuni Reservation, NM Busch, Richard Eugene, University of Clark, Dorrance Dean, University of Booth, Loretta Marie, Pacific University Alaska-Fairbanks, Alaska Native Michigan, Assiniboine & Sioux Tribes College, Cheyenne River Sioux Tribe Butterfly, Glenn Curtis, Pima Medical of the Fort Peck Indian Reservation, of the Cheyenne River Reservation, Institute, Blackfeet Tribe of the MT SD Blackfeet Indian Reservation of MT Clay, Rondella Evelyn, East Central Boyd, Cassandra Iva, University of New Cain, Marcia Lynnette, University of Oklahoma State University, Three Mexico-Gallup, Navajo Tribe of AZ, Montana School of Pharmacy, Sitka Affiliated Tribes of the Ft. Berthold NM, & UT Tribe Community Association Reservation, ND Bradley, Stephanie, East Carolina Caldwell, Troy Tinsley, University of Cole, Jennifer Lyn, University of University School of Medicine, Oklahoma Health Sciences Center, Oklahoma-Norman, Choctaw Nation Eastern Band of Cherokee Indians of Cherokee Nation, Oklahoma of Oklahoma North Carolina Calvin, Shawn Allen, University of Cooper, April Deann, University of Brantingham, Michael James, Pacific Oklahoma-Norman, Choctaw Nation Central Arkansas, Cherokee Nation, Union College, Eskimo of Oklahoma Oklahoma Brantley, Catrice Lashawnda, Oral Calvin-Salyer, Amber Lorine, Oklahoma Cooper, Benjamin Dale, Northeastern Roberts University, Cherokee Nation, State University, Choctaw Nation of State University, Cherokee Nation, Oklahoma Oklahoma Oklahoma Breland, Kylie Lea, University of North Campbell, David Wayne, University of Corson, Hillary Lena, Montana State Dakota, Turtle Mountain Band of Oklahoma-Norman, Cherokee Nation, University-Bozeman, Crow Tribe of Chippewa Indians of North Dakota Oklahoma Montana Briggs, Misty Elaine, Northeastern State Campbell, Gabriel Antonio, University Crocker-Ericson, Elizabeth Marie, University, Cherokee Nation, of North Dakota, Confederated Salish University of Southern California Oklahoma & Kootenai Tribes of the Flathead School of Social Work, Cherokee Brinson, Timothy James, East Central Reservation, MT Nation, Oklahoma University, Citizen Potawatomi Campbell, Jamie Renae, University of Cromer, Kelly Jenise, Southwestern Nation, Oklahoma Oklahoma, Muskogee (Creek) Nation, Oklahoma State University, Brock, Maria Tonita, University of Oklahoma Cheyenne-Arapaho Tribes of California-Berkeley/School of Social Camplain-Guthrie, Jamie Lynn, Oklahoma Welfare, Pueblo of Laguna, NM University of Oklahoma, Choctaw Cruz, Mark Deleon, Ft. Hays Kansas Brooks, Lisa Michelle, University of Nation of Oklahoma State College, Ysleta Del Sur Pueblo of Maryland, Oglala Sioux Tribe of the Cardenas, Christina Marie, Point Loma Texas Pine Ridge Reservation, SD College, Salt River Pima-Maricopa Culver, Jennifer Lyn, Oklahoma State Brooks-Dugger, Shelly Beth, University Indian Community of the Salt River University, Cherokee Nation, of Texas-San Antonio, Cherokee Reservation, AZ Oklahoma Nation, Oklahoma Carpenter-Bryant, April Rachelle, Cummings, James Jackson, Brosel, Conrad Carl, Cardinal Stritch University of Oklahoma Health Southwestern Oklahoma State University, Oneida Tribe of Sciences Center, Chickasaw Nation, University, Cherokee Nation, Wisconsin Oklahoma Oklahoma Brown, Christina Ann, University of Carroll, Ian Lorne, University of Cunningham-Hartwig, Roxie Kim, Nevada-Las Vegas, Paiute-Shoshone Washington School of Medicine, University of Washington School of Indians of the Bishop Community of Alaska Native Medicine, Nez Perce of Idaho the Bishop Colony, CA Carter, Jason Daniel, University of Dahlen, Jencie Kay, University of North Brown, Gerald Ray, Southwestern Oklahoma Health Sciences Center, Dakota, Turtle Mountain Band of Oklahoma State University, Cherokee Cherokee Nation, Oklahoma Chippewa Indians of North Dakota Nation, Oklahoma Cary, Brenda Lee, University of Damon, Dezbaa Altaalkii, Arizona State Brown, Laverne, University of New Minnesota-Duluth, Oneida Tribe of University, Navajo Tribe of AZ, NM, Mexico-Gallup, Navajo Tribe of AZ, Wisconsin & UT NM, & UT Charles, Tracey Roseann, University of Damon, Shawnell Deann, Arizona State Brown, Ryan David, University of Tennessee-Memphis, Choctaw Nation University, Navajo Tribe of AZ, NM, Oklahoma Health Sciences Center, of Oklahoma & UT Choctaw Nation of Oklahoma Chase, Sheldon Eric, Columbia Daugherty, Jamie Suzette, University of Bruce-Gallardo, Dawn Marie, University University School of Social Work, Oklahoma Health Sciences Center, of North Dakota, Turtle Mountain Hoopa Valley Tribe, CA Cherokee Nation, Oklahoma Band of Chippewa Indians of North Chatter, Teddy Duke, University of Davidson, Kelly Ann Southern Illinois Dakota Utah, Navajo Tribe of AZ, NM, & UT University-Carbondale, Aleut, AK Bryant, Joseph Preston, Southwestern Chavez, Carolyn Ann, Salish-Kootenai Davis, Allison Kay, University of North Oklahoma State University, Cherokee Community College, Navajo Tribe of Dakota, Crow Creek Sioux Tribe of the Nation, Oklahoma AZ, NM, & UT Crow Creek Reservation, SD
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Davis, Amber Lynn, University of Elliott, Billy Wayne, Northern Arizona Garness, Mary, University of Wisconsin- Oklahoma, Muskogee (Creek) Nation, University, Wyandotte Tribe of Superior, Bad River Band of the Lake Oklahoma Oklahoma Superior Tribe of Chippewa Indians Davis, Liisa Marie, University of North Ellis, Scott Anthony, Rose State College, of the Bad River Reservation, WI Dakota, Turtle Mountain Band of Cherokee Nation, Oklahoma Garza, Jolanda Evelyn, East Central Chippewa Indians of North Dakota Engavo, Earlene Debra, University of Oklahoma State University, Pueblo of Dawes, Kari Elaine, University of Iowa, Wyoming, Arapaho Tribe of the Wind Jemez, NM Cherokee Nation, Oklahoma River Reservation, WY George, Lorita Ann, Mesa Community De La Rosa, Ofelia Monique, University Eriacho, Margaret Alisha, University of College, Navajo Tribe of AZ, NM, & of Oklahoma School of Social Work, New Mexico-Albuquerque, Zuni Tribe UT Delaware Nation, Oklahoma of the Zuni Reservation, NM Gerry, Jon Michael, Stanford University, Dean, Erica Rae, Oklahoma State Esalio, Stacy Gwen, University of New Cheyenne River Sioux Tribe of the University, Choctaw Nation of Mexico-Albuquerque, Zuni Tribe of Cheyenne River Reservation, SD Oklahoma the Zuni Reservation, NM Gerry, Ryan Richard, MacAlester Felton, Beverly Ann, Southwestern Dearman, Callie Elizabeth, Oklahoma College, Cheyenne River Sioux Tribe Oklahoma State University, Absentee- Baptist University, Cherokee Nation, of the Cheyenne River Reservation, Shawnee Tribe of Indians of Oklahoma SD Decoteau, Chrystal Dawn, Rocky Oklahoma Filteau, Sarah Louise, Bellin College of Glasses, Devin Garrick, University of Mountain College, Blackfeet Tribe of Arizona, Navajo Tribe of AZ, NM, & the Blackfeet Indian Reservation of Nursing, Bad River Band of the Lake Superior Tribe of Chippewa Indians UT MT Glock, Jacquelyn, Crowder College, Decoteau, Michele Germaine, Minot of the Bad River Reservation, WI Fingerlin, Nancy Ellen, University of Choctaw Nation of Oklahoma State University, Turtle Mountain Gloshay, Jr., Eddie, University of Band of Chippewa Indians of North Oklahoma-Norman, Chickasaw Nation, Oklahoma Arizona, White Mountain Apache Dakota Tribe of the Ft. Apache Reservation, Dele, Lessina, University of Arizona, Fisher, Joe Keith, University of New Mexico, Choctaw Nation of Oklahoma Arizona Wichita and Affiliated Tribes Navajo Tribe of AZ, NM, & UT (Wichita, Keechi, Waco & Tawakonie), Dement, Rachel Leah, Emory University Fishinghawk, Bobbi Genevieve, Northeastern State University, OK School of Medicine, Oglala Sioux Goodman, Gayla Beth, University of Tribe of the Pine Ridge Reservation, Cherokee Nation, Oklahoma Fleming, Stephani Rose, University of Maryland School of Medicine, SD Kickapoo Tribe of Oklahoma Denson, Kent Douglas, University of Wyoming, Turtle Mountain Band of Gordon-Mitchell, Jennifer Lynn, Oklahoma Health Sciences Center, Chippewa Indians of North Dakota Foster, Shawna Leann, Northeastern California State University, Red Cliff Chickasaw Nation, Oklahoma State University, Cherokee Nation, Band of Lake Superior Chippewa Detmer, Sandra Joy, Modesto Junior Oklahoma Indians of Wisconsin College, Turtle Mountain Band of Francis, Molly Marie, Creighton Gorman, Marianita Elizabeth, University Chippewa Indians of North Dakota University, Confederated Tribes of the Dewbre, George Eddie, Southeastern of New Mexico-Albuquerque, Navajo Colville Reservation, WA Oklahoma State University, Choctaw Tribe of AZ, NM, & UT Franklin, Richard Arnold, Northeastern Grage, Bobbi Jo, Presentation College, Nation of Oklahoma State University, Cherokee Nation, Dickerson, Daniel Lee, College of Cheyenne River Sioux Tribe of the Oklahoma Cheyenne River Reservation, SD Osteopathic Medicine of the Pacific, Fred, Alana Renee, University of Eskimo Graham, Sara Wanbli, South Dakota Arizona, Navajo Tribe of AZ, NM, State University, Oglala Sioux Tribe Dillon-Pilkington, Jada Lorene, Little &UT Big Horn College, Crow Tribe of of the Pine Ridge Reservation, SD Fredy, Jefferson, University of New Grant, Elizabeth Lee, Pima Medical Montana Mexico College of Pharmacy, Navajo Dineyazhe, Dawn Capri, Northern Institute, Blackfeet Tribe of the Tribe of AZ, NM, & UT Blackfeet Indian Reservation of MT Arizona University, Navajo Tribe of Freeman, Michael Scott, University of Gratz, Addie Beth, University of AZ, NM, & UT the Health Sciences College of Oklahoma Health Sciences Center, Dixon, Damon Brian, University of Osteopathic Medicine, Cherokee Chicksaw Nation, Oklahoma North Dakota, Hopi Tribe of AZ Nation, Oklahoma Gray, Cori Ann, University of Dixon, Missena Elizabeth, University of Freeman, Ryan Matthew, University of Oklahoma, Osage Tribe, Oklahoma Oklahoma, Seminole Nation of Oklahoma Health Sciences Center, Oklahoma Muskogee (Creek) Nation, Oklahoma Gray, Jason Charles, University of Doney, Janice Marie, Salish-Kootenai Frigerio, Sonya Renee, University of Oklahoma Health Sciences Center, Community College, Northern New Mexico-Gallup, Choctaw Nation Choctaw Nation of Oklahoma Cheyenne Tribe of the Northern of Oklahoma Gray, Jennifer Anne, Langston Cheyenne Indian Reservation, MT Fryrear, Carrie Marie, Southwestern University, Osage Tribe, Oklahoma Downing, Leigh Anne, University of Oklahoma State University, Gray, Mary Nell, East Central Texas, Chickasaw Nation, Oklahoma Chickasaw Nation, Oklahoma University, Choctaw Nation of Eby, Stacey Ann, California State Fulgham, Tachazi Fulgham, University Oklahoma University-San Bernardino, Northern of Montana, Blackfeet Tribe of the Grey, Michael, University of New Cherokee Tribe of MO & AR Blackfeet Indian Reservation of MT Mexico-Albuquerque, Navajo Tribe of Edwards, Kerry Rachelle, University of Gaddy, Jasmine Reanna, Temple AZ, NM, & UT Oklahoma, Cherokee Nation, University School of Medicine, Guin, Heather Elaine, University of Oklahoma Navajo Tribe of AZ, NM, & UT Tulsa, Muskogee (Creek) Nation, Edwards, Ralph Casey, University of Gardipee, Walter Thomas, University of Oklahoma Oklahoma-Norman, Cherokee Nation, Montana, Little Shell Tribe of Gundrum-Acey, Barbara Lynne, Oregon Oklahoma Chippewa/Montana Health Sciences University, Aleut, AK
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Gust, Kateri Lyn, Salish-Kootenai Henson-Samuels, Andrea Jean, Ivanoff, Nora Rose, University of Community College, Crow Tribe of Northeastern University, Cherokee Washington, Eskimo Montana Nation, Oklahoma Jachim, Susan, Southwestern Oklahoma Guy, Martina Rae, University of Hewlett, Lori, University of Colorado- State University, Choctaw Nation of Arizona-Tucson, Navajo Tribe of AZ, Denver, Navajo Tribe of AZ, NM, & Oklahoma NM, & UT UT James, Jessica Natasha, Northern Hacker, John David, Hampton Institute, Hick, Carrie, University of New Mexico Arizona University, Navajo Tribe of Rosebud Sioux Tribe of the Rosebud College of Pharmacy, Navajo Tribe of AZ, NM, & UT Indian Reservation, SD AZ, NM, & UT Jensen, Barbara Kay, University of Hagerty, Kori Lynn, University of New Hill, Paula Lynn, Western Michigan Phoenix, Oglala Sioux Tribe of the Mexico-Albuquerque, Blackfeet Tribe University, Sault Ste. Marie Tribe of Pine Ridge Reservation, SD of the Blackfeet Indian Reservation of Chippewa Indians of Michigan Jensen, Vanessa, University of Arizona MT Holland, Toni Jean, Montana State College of Medicine, Navajo Tribe of Hall, Kent Harland, University of University-Billings, Fort Belknap AZ, NM, & UT Central Oklahoma, Citizen Indian Community of the Fort Jesse, Michelle Nicole, East Central Potawawatomi Nation, Oklahoma Belknap Reservation of Montana Oklahoma State University, Citizen Homan, Colin Justin, University of Hall, Megan Sue, Northeastern State Potawatomi Nation, Oklahoma Oklahoma-Norman, Chickasaw University, Choctaw Nation of Johnson, Beverly Mae, University of Nation, Oklahoma Oklahoma Washington, Emmonak Village Hall, Raquel Ellen, University of Holmes, Michael Sterling, East Central University, Cheyenne-Arapaho Tribes Johnson, Jason Ray, University of North California-Davis, Coastal Bank of the Dakota, Cherokee Nation, Oklahoma Chumash Nation of Oklahoma Honaberger, David Anthony, University Johnson, Jennifer Michelle, Washington Hallberg, Laurie Ann, University of University, Central Council of the North Dakota, Cherokee Nation, of Puget Sound, Pueblo of San Juan, NM Tlingit & Haida Indian Tribes Oklahoma Johnson, Kevin Lee, Weber State Harjo, Jim B., Oklahoma State Horse, Lorena Dawn, University of Utah School of Social Work, Confederated University, Navajo Tribe of AZ, NM, University College of Osteopathic & UT Medicine, Muskogee (Creek) Nation, Tribes of the Goshute Reservation, NV and UT Johnson, Norman Chris, Utah State Oklahoma University, Sisseton-Wahpeton Sioux Harjo, Rebecca Ruth, University of House, Irene A., University of New Tribe of the Lake Traverse Southern California School of Social Mexico-Gallup, Navajo Tribe of AZ, Reservation, SD Work, Muskogee (Creek) Nation, NM, & UT Houston, Lindsay Nicole, Bacone Johnson, Roxanne Marie, University of Oklahoma North Dakota, Turtle Mountain Band Harnage, Julie Ann, University of College, Cherokee Nation, Oklahoma Howeya, Lori Ann, University of New of Chippewa Indians of North Dakota Central Oklahoma, Cherokee Nation, Mexico-Albuquerque, Pueblo of Johnson, Tara Lee, Northern Arizona Oklahoma Acoma, NM University, Navajo Tribe of AZ, NM, Harrison, Geniel, University of North Howling Wolf, William L., University of Dakota, Confederated Tribes of & UT North Dakota, Three Affiliated Tribes Johnson, Veronica Renee, University of Goshute Reservation, NV and UT of the Ft. Berthold Reservation, ND Hassen, Kathleen Lois, Western New Mexico-Albuquerque, Navajo Hudson, Jacqueline Coleen, University Tribe of AZ, NM, & UT Michigan University, Sault Ste. Marie of Oklahoma, Turtle Mountain Band Tribe of Chippewa Indians of Joice, Kelly A., University of Oklahoma, of Chippewa Indians of North Dakota Cherokee Nation, Oklahoma Michigan Hugues, Ross Neil, University of Iowa, Haugen, Julie Estelle, Bastyr University, Joines, John Clifford, University of Shoshone-Bannock Tribes of the Ft. Oklahoma Health Sciences Center, Cherokee Nation, Oklahoma Hall Reservation of Idaho Haukass, Nicole Marie, Creighton Choctaw Nation of Oklahoma Huie, Rhonda Ruth, University of Jones, Bernadine Rose, Northern University College of Nursing, Oklahoma, Muskogee (Creek) Nation, Rosebud Sioux Tribe of the Rosebud Arizona University, Navajo Tribe of Oklahoma AZ, NM, & UT Indian Reservation, SD Hull, Debra Maney, Western Carolina Jones, Justin Duane, Northeastern State Hawkins, Amy Delah, St. Gregory’s University, Eastern Band of Cherokee University, Cherokee Nation, University, Muskogee (Creek) Nation, Indians of North Carolina Oklahoma Hulse, Hailey Vonn, Truman State Oklahoma Hayes-Coons, Jennifer Lynn, Bacone University, Osage Tribe, Oklahoma Jones, Lillian, University of Phoenix, College, Cherokee Nation, Oklahoma Hyden, Andreana Dee, Coconino County Navajo Tribe of AZ, NM, & UT Henry, Abraham John, Augsburg Community College, Navajo Tribe of Jordan, Michael James, Washington College, Turtle Mountain Band of AZ, NM, & UT State University, Confederated Tribes Chippewa Indians of North Dakota Imperial, Jessica Ladonna, Coconino of the Colville Reservation, WA Henry, Ledonia Sue, University of County Community College, Navajo Julian, Serena Yazzie, University of New Oklahoma Health Sciences Center, Tribe of AZ, NM & UT Mexico College of Pharmacy, Navajo Cherokee Nation, Oklahoma Inge, Rudi Heath, University of Tribe of AZ, NM, & UT Henry, Liza Jo, Turtle Mountain Oklahoma Health Sciences Center, Jumbo, Janice, Northern Arizona Community College, Turtle Mountain Choctaw Nation of Oklahoma University, Navajo Tribe of AZ, NM, Band of Chippewa Indians of North Ingram, Dena Gail, University of & UT Dakota Oklahoma Health Sciences Center, Juneau, Rose Ann, Salish-Kootenai Hensley, Gary Robert, University of Chickasaw Nation, Oklahoma Community College, Fort Belknap Arizona, Sherwood Valley Rancheria Ironmaker, Cheryl Diane, Montana State Indian Community of the Fort of Pomo Indians of California University-Northern, Assiniboine & Belknap Reservation of Montana Henson-Meigs, Amy Jo, University of Sioux Tribes of the Fort Beck Indian Kady, Christiane Renee, University of Tulsa, Cherokee Nation, Oklahoma Reservation, MT Utah, Navajo Tribe of AZ, NM, & UT
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Kanawite, Freida Mae, Albuquerque Laurence-Leslie, Faith Hope, Arizona Malaterre, Jessica Kim, University of Tech-Voc Institute, Navajo Tribe of State University, Navajo Tribe of AZ, North Dakota, Turtle Mountain Band AZ, NM, & UT NM, & UT of Chippewa Indians of North Dakota Kanuho, Verdell, Northern Arizona Lavender, Dorcas Mary, University of Mallon, Nicole Elizabeth, Springfield University, Navajo Tribe of AZ, NM, New Mexico-Albuquerque, White College, Cherokee Nation, Oklahoma & UT Mountain Apache Tribe of the Ft. Malone, Thomas Edmund, University of Keen, Octa Emerald, Creighton Apache Reservation, Arizona Wichita Wisconsin-Madison, Citizen University of College of Nursing, and Affiliated Tribes (Wichita, Potawatomi Nation, Oklahoma Omaha Tribe of Nebraska Keechi, Waco & Tawakonie), OK Manuelito, Lenora Juanita, Santa Keene, Kristi Michelle, Southwestern Lawhorn, William Andrew, University Monica College, Navajo Tribe of AZ, Oklahoma State University, Cherokee of Oklahoma Health Sciences Center, NM, & UT Nation, Oklahoma Cherokee Nation, Oklahoma Mariano, Karoline Shirley, Northern Kelley, Harlan Hunt, Southern Illinois Lawrence, Gary Lynn, Carl Albert State Arizona University, Navajo Tribe of University School of Medicine, College, Choctaw Nation of Oklahoma AZ, NM, & UT Cherokee Nation, Oklahoma Lawrence, Heather L., Cankdeska Martell, Richard Patrick, University of Kenneth, Lena Mae, Arizona State Cikana Community College, Spirit North Dakota, Turtle Mountain Band University, Navajo Tribe of AZ, NM, Lake Tribe, SD of Chippewa Indians of North Dakota & UT Lawrence, Tammy D., University of Martin, Candelaria Cynthia, University King, Carla Jean, University of Montana, North Dakota, Spirit Lake Tribe, SD of North Dakota, Navajo Tribe of AZ, Fort Belknap Indian Community of Lay, Pamela Christine, University of NM, & UT the Fort Belknap Reservation of North Dakota, Muskogee (Creek) Martin, Shanda Renee, University of Montana Nation, Oklahoma Minnesota-Minneapolis, Standing Kinlecheenie, Orlinda Lou, Northland LeBeau, Michael Edward, University of Rock Sioux Tribe of N. & S. Dakota Pioneer College, Navajo Tribe of AZ, North Dakota, Cheyenne River Sioux Martine, Cynthia Ann, University of NM, & UT Tribe of the Cheyenne River North Dakota, Jicarilla Apache Tribe Kitto, Larrie Dale, Strayer University, Reservation, SD of the Jicarilla Apache Indian Choctaw Nation of Oklahoma Leemhuis, Stephanie Brook, University Reservation, NM Klah, Josephine, Northern Arizona of Oklahoma Health Sciences Center, Martinez, Marie Jeannette, San Juan University, Navajo Tribe of AZ, NM, Cherokee Nation, Oklahoma College, Navajo Tribe of AZ, NM, & Lewis, Rusty Oswald, University of & UT UT North Dakota, Spirit Lake Tribe, SD Kodaseet, Patricia, University of Mason, Cheryl Lynn, University of New Lofgren, Paul Arthur, Johns Hopkins Oklahoma-Norman, Cheyenne- Mexico, Navajo Tribe of AZ, NM, & University, Cherokee Nation, Arapaho Tribes of Oklahoma UT Oklahoma Mason, Laquita Joy, Montana State Krulish, Arlene Mary, University of Long, Lorenda T., University of New University-Billings, Three Affiliated North Dakota, Spirit Lake Tribe, SD Mexico-Albuquerque, Navajo Tribe of Tribes of the Ft. Berthold Reservation, Krulish, Arliss Marie, University of AZ, NM, & UT North Dakota, Spirit Lake Tribe, SD Long-Likeric, Kendra Beth, University of ND Lameman, Joann, University of Arizona, Washington, Muskogee (Creek) Mathis, Trina, University of New Navajo Tribe of AZ, NM, & UT Nation, Oklahoma Mexico-Albuquerque, Navajo Tribe of Lamere, Jennifer Jo, University of Longhair, Pauline Ann, University of AZ, NM, & UT Oklahoma Health Sciences Center, New Mexico-Gallup, Navajo Tribe of Maxon, Jeff Allen, North Dakota State Winnebago Tribe of Nebraska AZ, NM, & UT University, Cheyenne River Sioux Lampert, Rebeca Lynn, University of Looney, Joshua Carson, University of Tribe of the Cheyenne River Arizona-Tucson, Navajo Tribe of AZ, Oklahoma, Cherokee Nation, Reservation, SD NM, & UT Oklahoma McCarthy, Vincent Paul, Cameron Lansing, Letitia Bianca, University of Lopez-Martin, Tanya Elizabeth, University, Comanche Indian Tribe, New Mexico-Albuquerque, Navajo University of Kansas School of Social OK Tribe of AZ, NM, & UT Welfare, Pueblo of Pojoaque, NM McCuistion, Robin Edward, Western Large, Stephanie Ashley, University of Louise, Linda, Portland Community Washington University, Aleut, AK Oklahoma School of Social Work, College, Mooretown Rancheria of McGlothin, Travis Michael, Harvard Muskogee (Creek) Nation, Oklahoma Maidu Indians of California Medical School, Pueblo of Laguna, Largo, Dinah Mae, San Juan College, Lowe, Loretta, University of New NM Navajo Tribe of AZ, NM, & UT Mexico-Gallup, Navajo Tribe of AZ, Merchant, Nicole Dawn, Montana State Larsen, Katherine Lynn, Weber State NM, & UT University School of Nursing, Crow University, Ponca Tribe of Indians of Lowrance, Jody Lynn, University of Tribe of Montana Oklahoma Oklahoma Social of Social Work, Miles, Mary Kristen, Northern Latocha, Demetrius Hawkshield, Chickasaw Nation, Oklahoma Oklahoma College, Osage Tribe, University of Iowa, Standing Rock Luebke, Jeneile Marie, University of Oklahoma Sioux Tribe of N. & S. Dakota Wisconsin-Madison, Bad River Band Milford, Ginalori, University of New Lauesen, Luanne Rae, University of of the Lake Superior Tribe of Mexico-Gallup, Navajo Tribe of AZ, Alaska School of Nursing, Gulkana Chippewa Indians of the Bad River NM, & UT Village Reservation, WI Miljur-Bryson, Pamela Michelle, Laughter, Richard Kim, University of Lundgren, Roberta Toneena, University University of Anchorage, Central Utah College of Medicine, Navajo of Washington, Tulalip Tribes of the Council of the Tlingit & Haida Indian Tribe of AZ, NM, & UT Tulalip Reservation, WA Tribes Laurence, Stacie, University of New Mahooty, Stephanie Juliet, Arizona Miller, Marijai B., University of Alaska Mexico, Navajo Tribe of AZ, NM, & State University, Zuni Tribe of the School of Nursing, Orutsararmuit UT Zuni Reservation, NM Native Village (AKA Bethel)
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Mitchell, Jessica Delphine, University of Nez, Victoria, Northern Arizona Passman, Shawna Kay, Northeastern New Mexico-Gallup, Navajo Tribe of University, Navajo Tribe of AZ, NM, State University, Cherokee Nation, AZ, NM, & UT & UT Oklahoma Monette, Eugene Louis, University of Nidiffer-Shelor, Amber Lynn, University Patnaude, Lawrence Andrew, North North Dakota, Turtle Mountain Band of Oklahoma-Norman, Cherokee Dakota State University, Turtle of Chippewa Indians of North Dakota Nation, Oklahoma Mountain Band of Chippewa Indians Montano, Alicia Dawn, University of Nimsey, Dallas Micah, St. Gregory’s of North Dakota Arizona-Tucson, Navajo Tribe of AZ, College, Kiowa Indian Tribe of Pearce, Judy Lynn, University of NM, & UT Oklahoma Oklahoma Health Sciences Center, Montoya, Danny Dave, University of Nioce, Paul Anthony, Washburn Seminole Nation of Oklahoma Alaska School of Nursing, Navajo University, Citizen Potawatomi Peltier, Crystal Gayle, University of Tribe of AZ, NM, & UT Nation, Oklahoma North Dakota, Turtle Mountain Band Montoya, Marietta, University of New Noisy Hawk, Lynelle Nancy, University of Chippewa Indians of North Dakota Mexico, Pueblo of Santa Ana, NM of South Dakota, Oglala Sioux Tribe of Peone, Amanda Lee, Salish-Kootenai Moore, Jennifer Marie, University of the Pine Ridge Reservation, SD Community College, Confederated New Mexico-Albuquerque, Navajo Norton, Elizabeth Marie, Oregon Coast Salish & Kootenai Tribes of the Tribe of AZ, NM, & UT Community College, Confederated Flathead Reservation, MT Moore, Mark Wilburn, University of Tribes of the Siletz Reservation, OR Pereira, Christina Charlene Bell, Texas SW Medical Center-Dallas, Nunn, Diana Lynn, Oklahoma City University of Arizona, Tohono Cherokee Nation, Oklahoma O’odham Nation of Arizona Moore, Mary Kathleen, Oklahoma State Community College, Muskogee (Creek) Nation, Oklahoma Peter, Myrna Elfrieda, University of University College of Osteopathic Washington, Native Village of Fort Medicine, Cherokee Nation, Okleasik, Sara A., Pacific University, Nome Eskimo Community Yukon Oklahoma Pewenofkit, Rowena Jolene, University Morgan, Barbara L., New Mexico Old Horn-Vondall, Carol Rose, University of Montana School of of Central Oklahoma, Kiowa Indian Highland University, Navajo Tribe of Tribe of Oklahoma AZ, NM, & UT Pharmacy, Crow Tribe of Montana Olic, Latona Michelle, University of Phillips, Kristie Ann, University of Morris, Charla Jean, University of South Oklahoma Health Sciences Center, Dakota, Cherokee Nation, Oklahoma Wyoming, Oglala Sioux Tribe of the Pine Ridge Reservation, SD Citizen Potawatomi Nation, Oklahoma Morris, Elizabeth Lynette, University of Pino, Michelle Lynette, University of Olson, Jeremy Christ, University of Oklahoma Health Sciences Center, New Mexico, Navaho Tribe of AZ, North Dakota, Minnesota Chippewa Muskogee (Creek) Nation, Oklahoma NM, & UT Morris, Jeffrey Scott, University of Tribe (White Earth Band), MN Pittman, Larry Hale, Ohio College of Minnesota-Duluth, Quechan Tribe of Ortiz, Lisa Dianne, Wayne State Podiatric Medicine, Choctaw Nation the Fort Yuma Indian Reservation, CA University School of Medicine, of Oklahoma & AZ Cherokee Nation, Oklahoma Poolaw, Audrey Winnie, Southwestern Morrison, Gerlinde Maria, Montana Owaleon, Mona Lynette, University of Oklahoma State University, State University, Crow Tribe of New Mexico-Albuquerque, Zuni Tribe Comanche Indian Tribe, OK Montana of the Zuni Reservation, NM Mose, Paula Marie, University of New Poolaw, John Thomas, University of Pack, Bruce Anthony, University of Hawaii-Manoa, Delaware Nation, Mexico-Gallup, Navajo Tribe of AZ, Louisiana-Monroe, Cherokee Nation, NM, & UT Oklahoma Oklahoma Potts, Richard Ray, University of Mose, Tallethea Ruth, University of Palacol, Christie Kahikuonalani, New Mexico, Navajo Tribe of AZ, NM, Michigan, Chickasaw Nation, University of Oklahoma-Norman, Oklahoma & UT Comanche Indian Tribe, OK Mousseau, Francine Louise, University Priest, Monica Eve, D’Youville College, Palm, Toby James, Pacific University Seneca Nation of New York of North Dakota, Oglala Sioux Tribe of College, Cherokee Nation, Oklahoma the Pine Ridge Reservation, SD Pulis, Christine Dale, University of Panteah, Valda Marie, Albuquerque Alaska School of Nursing, Eskimo Murphy, Tamelot Lynne, University of Technical Vocational Institute, Zuni New Mexico-Albuquerque, Navajo Quam, Zellisha Alexis, University of Tribe of the Zuni Reservation, NM New Mexico-Albuquerque, Zuni Tribe Tribe of AZ, NM, & UT Pappan, Cynthia Rae, Creighton Mushrush, Stephanie Ann, Riverside of the Zuni Reservation, NM University, Turtle Mountain Band of Community College, Washoe Tribe of Quilt, Lucille Arlene, Grays Harbor Chippewa Indians of North Dakota Nevada & California College, Quinault Tribe of the Naasz, Katrina Hillary, University of Paquette, Jessica Maureen, Michigan Quinault Reservation, WA Colorado, Navajo Tribe of AZ, NM, & State University, Sault Ste. Marie Quintana, Alexandria Lynn, University UT Tribe of Chippewa Indians of of New Mexico, Navajo Tribe of AZ, Nason, Alvin James, University of North Michigan NM, & UT Dakota, Minnesota Chippewa Tribe Parisien, Anjanette Marie, University of Quoshena, Tanya Cojomana, University (Leech Lake), MN North Dakota, Turtle Mountain Band of New Mexico-Gallup, Hopi Tribe of Needham, Laura, Shoreline Community of Chippewa Indians of North Dakota AZ College, Aleut, AK Parisien, Audrey Lee, Minot State Radney-Vienote, Ruth W., University of Nelson, Shannon Lynn, University of University, Turtle Mountain Band of the Pacific, Comanche Indian Tribe, New Mexico, Navajo Tribe of AZ, NM, Chippewa Indians of North Dakota OK & UT Parker, Adrienne, Mesa Community Red Elk, Lindsey Beth, Gateway Nelwood, Carolyn Dee, University of College, Navajo Tribe of AZ, NM, & Community College, Assiniboine & New Mexico-Gallup, Navajo Tribe of UT Sioux Tribes of the Fort Peck Indian AZ, NM, & UT Paschall, Christopher Matthew, Reservation, MT Nephew, Lesley Ellen, Erie Community University of North Dakota, Redfox-Freeman, Elizabeth Ann, Idaho College, Seneca National of New York Chickasaw Nation, Oklahoma State University, Shoshone-Bannock
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Tribes of the Ft. Hall Reservation of Northern Cheyenne Indian Sloan, Rick Michael Wesley, University Idaho Reservation, MT of Colorado, Cherokee Nation, Rhynes, Lisa Ann, University of Schmidt, Erin Michele, Oklahoma State Oklahoma Oklahoma Health Sciences Center, University, Muskogee (Creek) Nation, Smith, Phyllis Marie, Salish-Kootenai Muskogee (Creek) Nation, Oklahoma Oklahoma Community College, Fort Belknap Ridpath, Shandiin, University of Schroeder, Dawn Marie, University of Indian Community of the Fort Arizona, Navajo Tribe of AZ, NM, & North Dakota, Turtle Mountain Band Belknap Reservation of Montana UT of Chippewa Indians of North Dakota Smith-Richerson, Crystal Lee, Riggs, Randall Wayne, University of Scott, Brian Edward, University of University of Oklahoma, Mississippi New Mexico-Gallup, Cherokee Tulsa, Cherokee Nation, Oklahoma Band of Choctaw Indians, MS Nation, Oklahoma Scott, Natasha Lynn, East Central Sockbeson, Dorothy A., Husson College, Riley, Gail Arlene, Albuquerque Tech Oklahoma State University, Penobscot of Maine Vocational Institute, Pueblo of Mississippi Band of Choctaw Indians, Spotted Horse, Patricia Jean, American Nambe, NM MS University, Standing Rock Sioux Ritzhaupt, Amber, Northeastern State Scott, Steven Ray, Northeastern State Tribe of N. & S. Dakota University, Eastern Band of Cherokee University, Cherokee Nation, Spurlock, Cory Stephen, University of Indians of North Carolina Oklahoma Oklahoma Health Sciences Center, Roberts, Montgomery Lee, Oklahoma Seabolt, Lynn Allen Lee, University of Citizen Potawatomi Nation, Oklahoma State University College of Arkansas-Little Rock, Muskogee St. Claire, Billie Jo, North Dakota State Osteopathic Medicine, Cherokee (Creek) Nation, Oklahoma University, Turtle Mountain Band of Nation, Oklahoma Seible, Gennea Adelle, University of Chippewa Indians of North Dakota Robinson, Charlene, University of North Dakota, Three Affiliated Tribes Starbard, Karla Rachelle, University of Arizona, Navajo Tribe of AZ, NM, & of the Ft. Berthold Reservation, ND Nevada-Reno, Craig Community UT Seubert, Andra Ruth, Washington State Association Robison-Rivera, Kristie Marie, University, Nez Perce of Idaho Stefaniak, Yvonne Chester, University of Southwestern Oklahoma State Shane, Allison Doreen, South Dakota New Mexico-Gallup, Navajo Tribe of University, Apache Tribe of State University, Alaska Native AZ, NM, & UT Shangreau, Rhiannon Brook, Oglala Oklahoma Stewart, Daryl Lee, University of New Rogers, Brandon Scott, Northeastern Sioux Community College, Oglala Mexico-Gallup, Navajo Tribe of AZ, State University, Cherokee Nation, Sioux Tribe of the Pine Ridge NM, & UT Oklahoma Reservation, SD Stover, Patrick Pete, University of Shepard, Christopher Allan Joseph, Rolland, Geoffrey Grant, Oklahoma Oklahoma, Chickasaw Nation, Pomona College, Santee Sioux Tribe State University, Muskogee (Creek) Oklahoma of the Santee Reservation of Nebraska Strobbe, Vonne Kay, University of New Nation, Oklahoma Shepard, Tsaina, Cameron University, Ross, Cindy Lee, Arizona State Mexico-Albuquerque, Assiniboine & Comanche Indian Tribe, OK University, Hopi Tribe of AZ Shields, Deborah, East Central Sioux Tribes of Fort Peck Indian Rouse, Brant Philip, University of Oklahoma State University, Prairie Reservation, MT Oklahoma, Cherokee Nation, Band of Potawatomi Indians, Kansas Stuck, Andrew Timothy Lewis, Oklahoma Shinn, Darcy Marie, Northeastern State University of Arizona, Navajo Tribe of Rucker, Jennifer Ann, University of University, Cherokee Nation, AZ, NM, & UT Oklahoma Health Sciences Center, Oklahoma Summerlin, Allen William, University Cherokee Nation, Oklahoma Shipley, Wade Paul, Rocky Mountain of the Pacific, Cherokee Nation, Ruleford, Miranda Louisa, University of College, Turtle Mountain Band of Oklahoma Tulsa, Cherokee Nation, Oklahoma Chippewa Indians of North Dakota Sutton, Stephanie D., University of Russell, Candice Dawn, University of Shorty, Marsha Hagisbah, University of Washington, Blackfeet Tribe of the Missouri-Kansas City, Cherokee New Mexico-Albuquerque, Navajo Blackfeet Indian Reservation of MT Nation, Oklahoma Tribe of AZ, NM & UT Sweeney, Michael Aaron, Brigham Ryan, Amy Jo, University of Montana Show, Michelle Rae, Montana State Young University, Choctaw Nation of School of Pharmacy, Cherokee Nation, University, Fort Belknap Indian Oklahoma Oklahoma Community of the Fort Belknap Swensen, Eric Carl, University of North Sage, Della June, Sisseton Wahpeton Reservation of Montana Dakota, Aleut, AK Community College, Arapaho Tribe of Shunkamolah, William Henry, Swift, Jennifer Renae, University of the Wind River Reservation, WY University of New Mexico- Arizona, San Carlos Apache Tribe of Saltclah, Waleste Maria, University of Albuquerque, Navajo Tribe of AZ, NM the San Carlos Reservation, AZ New Mexico-Albuquerque, Navajo & UT Tafoya, Tanya Calease, Mesa Tribe of AZ, NM, & UT Simmons, Jeremiah David, Stanford Community College, Comanche Sanders, Catherine Blythe, University of University, Yankton Sioux Tribe of Indian Tribe, OK North Carolina School of Medicine, South Dakota Teasyatwho, Arlene Jean, University of Eastern Band of Cherokee Indians of Sirmans, Jayna Deneice, Oklahoma State New Mexico-Gallup, Navajo Tribe of North Carolina University, Choctaw Nation of AZ, NM, & UT Sandoval, Racheal Michele, Arizona Oklahoma Teller, Pamela, Dine College, State University, Navajo Tribe of AZ, Skan, Eric Christopher, Washington Narragansett Indian Tribe of Rhode NM & UT State University College of Pharmacy, Island Scalpane, Annette Andrea, Rocky Ketchikan Indian Corporation Teller, Tanya Corina, University of New Mountain College, Crow Tribe of Skippergosh, Brenda Teller, Pima Mexico-Albuquerque, Navajo Tribe of Montana Medical Institute, Menominee Indian AZ, NM, & UT Scalpcane-Moore, Lavonne Jean, Salish- Tribe of Wisconsin Teller, Terry Lee, University of New Kootenai Community College, Slim, Geraldine Ann, Western New Mexico-Albuquerque, Navajo Tribe of Northern Cheyenne Tribe of the Mexico, Navajo Tribe of AZ, NM & UT AZ, NM, & UT
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Tempel, Dollie Luna, Montana State Uttchin, Venus, University of Wilcox, Amelia Mae, University of University-Billings, Navajo Tribe of Oklahoma-Norman, Muskogee (Creek) Phoenix, Navajo Tribe of AZ, NM, & AZ, NM, & UT Nation, Oklahoma UT Tenequer, Valerie Leigh, Gateway Vaile, Marnie Lynn, Montana State Willcuts, Peggy Sue, South Dakota State Community College, Navajo Tribe of University, Blackfeet Tribe of the University, Rosebud Sioux Tribe of AZ, NM, & UT Blackfeet Indian Reservation of MT the Rosebud Indian Reservation, SD Terrell, Mendy Renee, University of Valdo, Gerald David, Colorado State Willeto, Virginia, University of New Oklahoma-Norman, Cherokee Nation, University, Pueblo of Acoma, NM Mexico-Gallup, Navajo Tribe of AZ, Oklahoma Vizier, Nakima Lynn, Huntingdon NM, & UT Tescier, Echo, University of California- College, Haulapai Indian Tribe of the Williams, Alice, Coconino County Berkeley/School of Social Welfare, Hualapai Indian Reservation, AZ Community College, Navajo Tribe of Citizen Potawatomi Nation, Oklahoma Walkingstick, Chanel Ryan, AZ, NM, & UT Thomas, Sheila R., University of New Northeastern State Univeresity, Willman, Peggy Ann, University of Dakota, Turtle Mountain Band of Cherokee Nation, Oklahoma Alaska, Native Village of Ambler Wilson, Dana Lynn, University of New Chippewa Indians of North Dakota Wallace, Kacey Leann, Oklahoma State Mexico, Navajo Tribe of AZ, NM, & Thomas, Veronica Rose, Mounty Marty University College of Osteopathic UT College, Santee Sioux Tribe of the Medicine, Choctaw Nation of Wilson, Dena Lynn, University of Santee Reservation of Nebraska Oklahoma Washington, Oglala Sioux Tribe of the Thomason-Chavez, Felecia Elena, Waquie, Monica Janet, Albuquerque University of New Mexico- Pine Ridge Reservation, SD Technical Vocational Institute, Pueblo Wilson, Ladonna Jean, Eastern Albuquerque, Navajo Tribe of AZ, of Jemez, NM NM, & UT Oklahoma State College, Cherokee Watanabe, Elizabeth Ann, University of Nation, Oklahoma Thompson, Paula Gail, Grand Canyon Hawaii-Monoa, Sitka Tribe of Alaska College, Navajo Tribe of AZ, NM, & Wilson, Mackenzie Paulette, University Watford, Velma Jean, Pima Community of Arizona College of Pharmacy, UT College, Navajo Tribe of AZ, NM, & Todicheeney, Linda Lee, Northland Navajo Tribe of AZ, NM, & UT UT Wilson, Sandra, University of Pioneer College, Navajo Tribe of AZ, Watson, Matthew Mendioro, Columbia NM, & UT Oklahoma, Northern Cheyenne Tribe University College of Physicians & of the Northern Cheyenne Indian Todicheeney, Rydell, Arizona State Surgeons, Ottawa Tribe of Oklahoma University, Navajo Tribe of AZ, NM, Reservation, MT Weber, Shanna Renae, Michigan State & UT Winstead, Quana Marie, College of University, Oneida Tribe of Tolino, Gerilyn Ardith, New Mexico Health Sciences, Eastern Band of Wisconsin Highland University, Navajo Tribe of Cherokee Indians of North Carolina Welch, Marvel Andrea, Western Wood, Chad Nathaniel, University of AZ, NM, & UT Carolina University, Eastern Band of Tom, Jolene A., Northern Arizona Utah College of Medicine, Cherokee Cherokee Indians of North Carolina University, Navajo Tribe of AZ, NM, Nation, Oklahoma Woodin, Angeline Elizabeth, Grand & UT Wells, Elmer Bruce, North Dakota State Valley State Univ., Little Traverse Bay Tommie, Titania Leonila, Arizona State University, Three Affiliated Tribes of Bands of Odawa Indians of Michigan University, Navajo Tribe of AZ, NM, the Ft. Berthold Reservation, ND Wells, Shane E., Southern Adventist Woodruff, Patience M., University of & UT North Dakota, Rosebud Sioux Tribe of Torres, Tina Marie, Walla Walla College, University, Central Council of the the Rosebud Indian Reservation, SD Turtle Mountain Band of Chippewa Tlingit & Haida Indian Tribes West, Michael Clinton, Oklahoma State Work, Hugh Edward, University of Indians of North Dakota Oklahoma Health Sciences Center, Toya, Tirzah Marie, University of New Unversity College of Osteopathic Medicine, Choctaw Nation of Choctaw Nation of Oklahoma Mexico-Albuquerque, Pueblo of Worker, Shanna Renee, Grand Canyon Laguna, NM Oklahoma Weston, Marnie Lee, Midwestern University, Navajo Tribe of AZ, NM, Tsethlikia, Nina Marie, University of & UT Phoenix, Zuni Tribe of the Zuni University, Cheyenne River Sioux Tribe of the Cheyenne River Wright, Christy Marine, Arizona State Reservation, NM University, Nenana Native Tsingine, Georgia Lynn, University of Reservation, SD Wheeler Sheehy, Antonia Louise, North Association Arizona College of Medicine, Navajo Yandell, Seth David, University of Park University, Blackfeet Tribe of the Tribe of AZ, NM, & UT Texas, Choctaw Nation of Oklahoma Tsosie, Orlando K., University of Utah, Blackfeet Indian Reservation of MT Yazzie, Abiegail B., New Mexico Navajo Tribe of AZ, NM & UT White, Richard Kalvin, University of Highland University, Navajo Tribe of Tunnell, Kimberly Renee, Oklahoma Utah, Navajo Tribe of AZ, NM, & UT AZ, NM, & UT State University, Kiowa Indian Tribe White, Sidney John, Marquette Yazzie, Charisse Lindsey, Scottsdale of Oklahoma University, Oneida Tribe of Community College, Navajo Tribe of Turner, Rayna June, Oklahoma State Wisconsin AZ, NM, & UT University, Apache Tribe of White, Tammy Jean, University of Yazzie, Irene, Weber State University, Oklahoma Buffalo, Seneca Nation of New York Navajo Tribe of AZ, NM, & UT Turney, Jarett Brandon, Northeastern Whited, Stephanie Lynn, University of Yazzie, Kelly Colleen, Gateway State University, Cherokee Nation, Southern Mississippi, Nenana Native Community College, Navajo Tribe of Oklahoma Association AZ, NM, & UT Tyner, Vera Alene, University of Whitehair, Jennifer June, University of Yazzie, Nazhone Paul, University of Oklahoma-Norman, Muskogee (Creek) North Dakota, Navajo Tribe of AZ, Arizona, Navajo Tribe of AZ, NM, & Nation, Oklahoma NM, & UT UT Upshaw, Juliana, Northern Arizona Whitehair, Rosalita Marie, University of Yazzie, Sharon, Northern Arizona University, Navajo Tribe of AZ, NM & New Mexico-Albuquerque, Navajo University, Navajo Tribe of AZ, NM, UT Tribe of AZ, NM, & UT & UT
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Yazzie, Timothy, Midwestern Dated: March 28, 2001. (SAMHSA) Center for Mental Health University, Navajo Tribe of AZ, NM, Michel Lincoln, Services (CMHS) and Center for & UT Deputy Director. Substance Abuse Treatment (CSAT) Yoe, Carolyn Mae, Weber State [FR Doc. 01–8247 Filed 4–3–01; 8:45 am] announce the availability of FY 2001 University, Navajo Tribe of AZ, NM, BILLING CODE 4160–16–M funds for cooperative agreements for the & UT following activity. This notice is not a Young, Evelyn Leone, Salish-Kootenai complete description of the activity; Community College, Confederated DEPARTMENT OF HEALTH AND potential applicants must obtain a copy Salish & Kootenai Tribes of the HUMAN SERVICES of the Guidance for Applicants (GFA), Flathead Reservation, MT including Part I, Cooperative Substance Abuse and Mental Health Agreements for CMHS/CSAT Zwaryck, Shelby Leona, University of Services Administration Collaborative Program on Homeless Montana School of Pharmacy, Families: Women with Psychiatric, Chippewa Creek Indians of the Rocky Fiscal Year (FY) 2001 Funding Substance Use, or Co-Occurring Boy’s Reservation, MT Opportunities Disorder and their Dependent Children, FOR FURTHER INFORMATION CONTACT: The AGENCY: Substance Abuse and Mental Phase 2; and Part II, General Policies Indian Health Service Scholarship Health Services Administration, HHS. and Procedures Applicable to all Between, Twinbrook Metro Plaza, 12300 ACTION: Notice of funding availability. SAMHSA Applications for Twinbrook Parkway, Suite 100, Discretionary Grants and Cooperative Rockville, Maryland, 20852, Telephone: SUMMARY: The Substance Abuse and Agreements, before preparing and (301) 443–6197, Fax: (301) 443–6048. Mental Health Services Administration submitting an application.
Est. No. of Project Activity Application deadline Est. funds FY 2001 awards period
Homeless Families Program, Phase 2 ...... April 18, 2001 ...... $3.4 million ...... 6–8 3 years.
The actual amount available for the instructions, are included in the sites who have satisfied the award may vary, depending on application kit. requirements of Phase 1 and who can unanticipated program requirements Purpose: The Substance Abuse and demonstrate the capacity to participate and the number and quality of Mental Health Services Administration fully in the cross-site study. Not all application received. FY 2001 funds for (SAMHSA) Center for Mental Health Phase 1 grantees will necessarily the activity discussed in this Services (CMHS) and Center for continue into Phase 2. announcement were appropriated by Substance Abuse Treatment (CSAT) Availability of Funds: It is estimated Congress under Public Law No. 106– announce the availability of FY 2001 that $3.4 million will be available to 310. SAMHSA’s policies and funds to invite currently funded support 6–8 awards under this GFA in procedures for peer review and grantees under the ‘‘Cooperative FY 2001. The average award is expected Advisory Council review of grant and Agreements for CMHS/CSAT to be in the range of $425,000 to cooperative agreement application were Collaborative Program on Homeless $567,000 in total costs (direct and published in the Federal Register (Vol. Families: Women with Psychiatric, indirect). Actual funding levels will 58, No. 126) on July 2, 1993. Substance Use, or Co-Occurring depend upon the availability of Disorders and their Dependent appropriated funds and the number of General Instructions Children,’’ GFA No. 99–011, to submit applicants funded. Applicants must use application form applications for Phase 2 cooperative Period of Support: Support should be PHS 5161–1 (Rev. 7/00). The agreements. The overall goal of the requested for a period of 3 years (in application kit contains the two-part Homeless Families program is to three budget periods of one year each). application materials (complete evaluate time-limited, multi-faceted Annual awards will depend on the programmatic guidance and instructions interventions targeted to homeless availability of funds and progress for preparing and submitting mothers with psychiatric, substance use, achieved. applications), the PHS 5161–1 which or co-occurring disorders who are caring Criteria for Review and Funding includes Standard Form 424 (Face for their dependent children. The Page), and other documentation and Homeless Families program is being General Review Criteria: Competing forms. Application kits may be obtained conducted in two phases. In Phase 2, applications requesting funding under from: National Mental Health Services (the focus of this GFA), study sites will this activity will be reviewed for Knowledge Exchange Network (KEN), conduct evaluations of their technical merit in accordance with P.O. Box 42490, Washington, DC 20015, interventions using the cross-site established PHS/SAMHSA peer review Telephone: 1–800–789–2647. protocol developed by the Steering procedures. Review criteria that will be The PHS 5161–1 application form and Committee in Phase I. Study sites will used by the peer review groups are the full text of the activity are also compare their documented intervention specified in the application guidance available electronically via SAMHSA’s with an alternative treatment condition material. World Wide Web Home Page: http:// using experimental or quasi- Award Criteria for Scored www.samhsa.gov. experimental designs. Projects may use Applications: Applications will be When requesting an application kit, additional measures to conduct a site considered for funding on the basis of the applicant must specify the particular specific study. their overall technical merit as activity for which detailed information Eligibility: Eligibility to apply for determined through the peer review is desired. All information necessary to Phase 2 awards will be limited to Phase group and the appropriate National apply, including where to submit 1 grantees. Continuation into Phase 2 is Advisory Council review process. applications and application deadline competitive and will be limited to those Availability of funds will also be an
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award criteria. Additional award criteria (3) A description of the coordination Dated: March 27, 2001. specific to the programmatic activity planned with the appropriate State or Richard Kopanda, may be included in the application local health agencies. Executive Officer, SAMHSA. guidance materials. State and local governments and [FR Doc. 01–8202 Filed 4–3–01; 8:45 am] Catalog of Federal Domestic Assistance Number: 93.230. Indian Tribal Authority applicants are BILLING CODE 4162–20–P Program Contact: For questions on not subject to the Public Health System program issues contact: Reporting Requirements. Application Lawrence D. Rickards, Ph.D., or G.T. guidance materials will specify if a (Gigi) Belanger, or Pamela J. Fischer, particular FY 2001 activity is subject to DEPARTMENT OF INTERIOR Ph.D. Homeless Programs Branch, the Public Health System Reporting Office of the Secretary Center for Mental Health Services, Requirements. Substance Abuse and Mental Health PHS Non-use of Tobacco Policy John H. Chafee, Blackstone River Services Administration, 5600 Fishers Statement: The PHS strongly encourages Valley National Heritage Corridor Lane, Room 11C–05, Rockville, MD all grant and contract recipients to Commission; Notice of Meeting 20857, Telephone: 301–443–3707 provide a smoke-free workplace and (LR), (301) 443–1391 (GB), 5 (301) promote the non-use of all tobacco Notice is hereby given in accordance 443–4569 (PF), E-mail: products. In addition, Public Law 103– with section 552b of Title 5, United [email protected], 227, the Pro-Children Act of 1994, [email protected], States Code, that a meeting of the John prohibits smoking in certain facilities [email protected]. H. Chafee Blackstone River Valley (or in some cases, any portion of a National Heritage Corridor Commission Cheryl Gallagher, M.A., or James M. facility) in which regular or routine Herrell, Ph.D., Clinical Intervention will be held on Thursday, April 19, education, library, day care, health care, and Organizational Models Branch, 2001. Center for Substance Abuse or early childhood development The Commission was established Treatment, Substance Abuse and services are provided to children. This pursuant to Public Law 99–647. The Mental Health Services is consistent with the PHS mission to purpose of the Commission is to assist Administration, Rockwall II, 7th protect and advance the physical and federal, state and local authorities in the Floor, 5600 Fishers Lane, Rockville, mental health of the American people. development and implementation of an MD 20857, Telephone: (301) 443– Executive Order 12372: Applications integrated resource management plan 7259 (CG), (301) 443–2376 (JH), E- submitted in response to the FY 2001 for those lands and waters within the mail: [email protected], activity listed above are subject to the Corridor. [email protected]. intergovernmental review requirements The meeting will convene at 7 p.m. at For questions regarding grants of Executive Order 12372, as management issues, contact:, Gwen the Blackstone Valley Chamber of implemented through DHHS regulations Commerce, 110 Church St., Simpson, Division of Grants at 45 CFR part 100. E.O. 12372 sets up Management, OPS, Substance Abuse Whitinsville, MA for the following a system for State and local government reasons: and Mental Health Services review of applications for Federal Administration, 5600 Fishers Lane, Rm financial assistance. Applicants (other 1. Approval of Minutes 13–103, Rockville, MD 20857, (301) than Federally recognized Indian tribal 2. Chairman’s Report 443–4456, E-mail: governments) should contact the State’s [email protected]. 3. Public Input Single Point of Contact (SPOC) as early Public Health System Reporting It is anticipated that about twenty Requirements: The Public Health as possible to alert them to the prospective application(s) and to receive people will be able to attend the session System Impact Statement (PHSIS) is in addition to the Commission intended to keep State and local health any necessary instructions on the State’s members. officials apprised of proposed health review process. For proposed projects services grant and cooperative serving more than one State, the Interested persons may make oral or agreement applications submitted by applicant is advised to contact the SPOC written presentations to the Commission community-based nongovernmental of each affected State. A current listing or file written statements. Such requests organizations within their jurisdictions. of SPOCs is included in the application should be made prior to the meeting to: Community-based nongovernmental guidance materials. The SPOC should Michael Creasey, Executive Director, service providers who are not send any State review process John H. Chafee, Blackstone River Valley transmitting their applications through recommendations directly to: Division National Heritage Corridor Commission, the State must submit a PHSIS to the of Extramural Activities, Policy, and One Depot Square, Woonsocket, RI head(s) of the appropriate State and Review, Substance Abuse and Mental 02895, Tel.: (401) 762-0250. local health agencies in the area(s) to be Health Services Administration, affected not later than the pertinent Further information concerning this Parklawn Building, Room 17–89, 5600 receipt date for applications. This meeting may be obtained from Michael Fishers Lane, Rockville, Maryland PHSIS consists of the following Creasey, Executive Director of the information: 20857. Commission at the aforementioned a. A copy of the face page of the The due date for State review process address. application (Standard form 424). recommendations is no later than 60 Michael Creasey, b. A summary of the project (PHSIS), days after the specified deadline date for not to exceed one page, which provides: the receipt of applications. SAMHSA Executive Director JHCBRVNHCC. (1) A description of the population to does not guarantee to accommodate or [FR Doc. 01–8206 Filed 4–3–01; 8:45 am] be served. explain SPOC comments that are BILLING CODE 4310–RK–U (2) A summary of the services to be received after the 60-day cut-off. provided.
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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR make nominations for the following categories of interest: Bureau of Land Management Bureau of Land Management • A private landowner in the CMPA [ID–087–1651–PA] (appointed from nominees submitted by [OR–026–1610–DE; GP01–0131] the county court of Harney County); Notice of Closure and Restriction • Two persons who are grazing Steens Mountain Advisory Council; permittees on Federal lands in the Order for BLM Lands in Fiddle Creek Notice of Intent to Establish and Call Area, Idaho. CMPA (appointed from nominees for Nominations submitted by the county court of Harney AGENCY: Bureau of Land Management, AGENCY: Bureau of Land Management County); Upper Columbia-Salmon Clearwater • (BLM), Burns District, Oregon. A person interested in fish and Districts, Idaho. recreational fishing in the CMPA ACTION: Notice of intent to establish and ACTION: Notice of closure and restriction (appointed from nominees submitted by call for nominations for the Steens order for BLM lands in Fiddle Creek the Governor of Oregon); Area, order no. ID–087–28. Mountain Advisory Council under the • A member of the Burns Paiute Tribe Steens Mountain Cooperative (appointed from nominees submitted by SUMMARY: By order, the following Management and Protection Act of 2000 the Burns Paiute Tribe); closures and restrictions apply to the (PL 106–399). • Two persons who are recognized area known as ‘‘Fiddle Creek,’’ SUMMARY: BLM is publishing this notice environmental representatives, one of described as all public land whom represents the State as a whole, administered by the Bureau of Land under section 9(a)(2) of the Federal Advisory Committee Act. Pursuant to and one of whom is from the local area Management in T.25N., R.1E., sections (appointed from nominees submitted by 22, 23, and 27, Idaho County, Idaho. the Steens Mountain Cooperative Management and Protection Act of the Governor of Oregon); (1) Camping is prohibited. • A person who participates in what 2000, (Pub. L. 106–399), BLM gives (2) The area is closed to all use from is commonly called dispersed notice that the Secretary of the Interior 8:00 p.m. to 6:00 a.m. recreation, such as hiking, camping, For the purpose of this closure, intends to establish the Steens nature viewing, nature photography, camping is defined as erecting a tent or Mountain Advisory Council (Council). bird watching, horse back riding, or trail shelter, preparing a sleeping bag or The notice requests the public to submit walking (appointed from nominees other bedding material for use, parking nominations for membership on the submitted by the Bureau of Land a motor vehicle, motor home or trailer Council. The Council is necessary to Management); for the apparent purpose of overnight advise the Secretary and BLM on • A person who is a recreation permit occupancy. resource management issues associated holder or is a representative of a The authority for establishing these with the Steens Mountain Cooperative commercial recreation operation in the closures and restrictions is Title 43, Management and Protection Area CMPA (appointed from nominees Code of Federal Regulations, section (CMPA). submitted by the county court of Harney 8364.1. DATES: Submit a completed nomination The closures and restrictions are in County and the Bureau of Land form and nomination letters to the effect from April 19, 2001 through April Management); address listed below no later than May • A person who participates in what 23, 2001. The closures and restrictions do not 4, 2001. is commonly called mechanized or apply to: ADDRESSES: Send nominations to: Burns consumptive recreation, such as (1) Any Federal, State, or local law District Manager, Burns District Office, hunting, fishing, off-road driving, hang enforcement, rescue or fire fighting force Bureau of Land Management, HC 74– gliding, or parasailing (appointed from while in the performance of an official 12533, Hwy. 20 West, Hines, Oregon, nominees submitted by the Bureau of duty. 97738. Land Management); • A person with expertise and (2) Any Bureau of Land Management FOR FURTHER INFORMATION CONTACT: employee, agent, or contractor while in interest in wild horse management on Rhonda Karges, Management Support Steens Mountain (appointed from the performance of an official duty. Specialist, (541) 573–4433, or Rhonda The closures and restrictions are nominees submitted by the Bureau of [email protected] or from the necessary to protect persons, property, Land Management); following web sites http:// • public lands and resources. Persons A person who has no financial www.or.blm.gov/Burns or http:// abusing alcohol cause a public interest in the CMPA to represent www.or.blm.gov/steens. disturbance, particularly at night, and statewide interests (appointed from create a risk to other persons on public SUPPLEMENTARY INFORMATION: Any nominees submitted by the Bureau of lands. individual or organization may Land Management). Violation of this order is punishable nominate one or more persons to serve The specific category the nominee by a fine not to exceed $1,000 and/or on the Steens Mountain Advisory would like to represent should be imprisonment not to exceed one year. Council. Individuals may nominate identified in the letter of nomination FOR FURTHER INFORMATION CONTACT: Greg themselves for Council membership. and in the nomination form. The Burns Yuncevich, Field Manager, Bureau of You may obtain nomination forms from District will collect the nomination Land Management, Cottonwood Field the Burns District Office, Bureau of forms and letters of reference and Office, Route 3, Box 181, Cottonwood, Land Management (see ADDRESSES, distribute them to the officials ID 83522. above). To make a nomination, you responsible for submitting nominations must submit a completed nomination (county court of Harney County, the Dated: March 27, 2001. form, letters of reference from the Governor of Oregon, the Bureau of Land Lewis M. Brown, represented interests or organizations, Management, and the Burns Paiute Acting District Manager. as well as any other information that Tribe). The Bureau of Land Management [FR Doc. 01–8214 Filed 4–3–01; 8:45 am] speaks to the nominee’s qualifications, will then forward recommended BILLING CODE 4310–66–M to the Burns District Office. You may nominations to the Secretary of the
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Interior, who has responsibility for interest during public scoping and the desert tortoise, the Amargosa vole, the making the appointments. development of the Draft Plan Amargosa niterwort, the Ash Meadows The purpose of the Steens Mountain Amendments and EIS. Those who Gumplant and spring-loving Centaury Advisory Council is to advise the requested an electronic format were (threatened); (2) maintenance of public Bureau of Land Management on the mailed a bound/CD–ROM copy. Printed access through the NEMO planning area management of the CMPA as described or electronic copies of the Draft Plan which includes sensitive areas, is in Title 1 of the Steens Mountain Amendments and EIS are available surrounded by two national park units Cooperative Management and Protection upon request from the BLM offices and two large military bases, and Act of 2000 (PL 106–399). Each member listed below. The Draft Plan includes all or parts of twenty-four will be a person who, as a result of Amendments and EIS are also available wilderness and eight wilderness study training and experience, has knowledge online at http://www.ca.blm.gov/cdd/ areas; (3) addressing impacts to other or special expertise which qualifies him landuseplanning.html. Reading copies land uses; and (4) protection of County or her to provide advice from among the are available at most local libraries and tax base. categories of interest listed above. the following BLM offices: FOR FURTHER INFORMATION CONTACT: Members will serve without monetary BLM California Desert District Office, Edythe Seehafer, NEMO Project compensation, but will be reimbursed 1621 Box Springs Blvd., Riverside, Manager, Barstow Field Office, 2601 for travel and per diem expenses at CA; (909) 697–5200 Barstow Road, Barstow, California current rates for Government BLM Barstow Field Office, 2601 92311; Telephone (760) 252–6021. employees. Barstow Road, Barstow, CA; (760) Dated: March 22, 2001. Dated: March 28, 2001. 252–6000 Tim Salt, Nina Rose Hatfield, BLM Needles Field Office, 101 West District Manager. Spikes Road, Needles, CA; (760) 326– Acting Director, Bureau of Land Management. [FR Doc. 01–8213 Filed 4–3–01; 8:45 am] 7000 [FR Doc. 01–7968 Filed 4–3–01; 8:45 am] BILLING CODE 4310–84–U BLM Ridgecrest Field Office, 300 South BILLING CODE 4310–33–P Richmond Road, Ridgecrest, CA; (760) 384–5400 INTERNATIONAL TRADE DATES: DEPARTMENT OF THE INTERIOR The 90-day public review and COMMISSION comment period for the Draft Plan Bureau of Land Management Amendments and EIS will begin with [Investigation No. 731–TA–925 publication in the Federal Register. [CA–610–01–1610–DE] (Preliminary)] Written statements on the Draft Plan Notice of Availability of the Draft Amendments and EIS must be Greenhouse Tomatoes From Canada submitted or postmarked no later than Northern and Eastern Mojave Plan AGENCY: International Trade 90 days after notice in the Federal Amendments and Environmental Commission. Register. Impact Statement ACTION: Institution of antidumping ADDRESSES: Comments on the document investigation and scheduling of a AGENCY: Bureau of Land Management, should be mailed to the Bureau of Land preliminary phase investigation. Department of the Interior, California Management, Attn: Northern and Desert District, Riverside, California. Eastern Mojave Plan, 2601 Barstow SUMMARY: The Commission hereby gives SUMMARY: Notice is hereby given that Road, Barstow, CA 92311. Comments on notice of the institution of an the Draft Northern and Eastern Mojave the Draft Plan Amendments and the investigation and commencement of Plan Amendments and Environmental adequacy of the EIS will be considered preliminary phase antidumping Impact Statement is available for public in preparing the Proposed Plan investigation No. 731–TA–925 review and comment. The Draft Plan Amendments and Final EIS. Public (Preliminary) under section 733(a) of the Amendments and EIS will amend meetings will also be held in various Tariff Act of 1930 (19 U.S.C. 1673b(a)) BLM’s 1980 California Desert cities in and around the planning area (the Act) to determine whether there is Conservation Area Plan. The Draft Plan to receive comments. The dates and a reasonable indication that an industry Amendments and EIS identify and times of these meetings will be in the United States is materially describe the probable impacts to the 2.4 announced later. injured or threatened with material million acres of BLM-managed lands injury, or the establishment of an Background Information that would result from the proposed industry in the United States is amendments to the California Desert Development of the Draft Plan materially retarded, by reason of Conservation Area Plan. The Draft Plan Amendments and the EIS began with imports from Canada of greenhouse Amendments and EIS also will provide scoping meetings held in conjunction tomatoes,1 provided for in subheadings for strategic, comprehensive with the National Park Service which is 0702.00.20, 0702.00.40, and 0702.00.60 management, including a programmatic conducting concurrent planning efforts of the Harmonized Tariff Schedule of biological opinion for the desert on adjacent lands. The Northern and the United States, that are alleged to be tortoise, provide for recovery of other Eastern Mojave Planning Area covers sold in the United States at less than fair threatened or endangered species, and 3.3 million acres of land in the value. Unless the Department of in particular the Amargosa vole, southeastern California Desert of which Commerce extends the time for Amargosa niterwort and gumplant, 2.4 million acres are public lands. This initiation pursuant to section reduce the need for further species document describes and analyzes a 732(c)(1)(B) of the Act (19 U.S.C. listings, and streamline the processing number of alternatives for managing of land-use permits. species and habitats on public lands 1 All fresh or chilled tomatoes for the fresh SUPPLEMENTARY INFORMATION: Copies of administered by the BLM. Issues market, including, e.g., common round tomatoes, cherry tomatoes, plum or pear tomatoes, and cluster the Draft Plan Amendments and EIS identified during public scoping or ‘‘on-the-vine’’ tomatoes. The product is limited have been mailed to those who included (1) recovery of threatened and to tomatoes grown in greenhouses and excludes submitted comments or expressed endangered species, including the field-grown tomatoes.
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1673a(c)(1)(B)), the Commission must or their representatives, who are parties In accordance with sections 201.16(c) reach a preliminary determination in to this investigation upon the expiration and 207.3 of the rules, each document antidumping investigations in 45 days, of the period for filing entries of filed by a party to the investigation must or in this case by May 14, 2001. The appearance. be served on all other parties to the Commission’s views are due at the investigation (as identified by either the Limited Disclosure of Business Department of Commerce within five public or BPI service list), and a Proprietary Information (BPI) Under an business days thereafter, or by May 21, certificate of service must be timely Administrative Protective Order (APO) 2001. filed. The Secretary will not accept a and BPI Service List For further information concerning document for filing without a certificate the conduct of this investigation and Pursuant to section 207.7(a) of the of service. rules of general application, consult the Commission’s rules, the Secretary will Authority: This investigation is being Commission’s Rules of Practice and make BPI gathered in this investigation conducted under authority of title VII of the Procedure, part 201, subparts A through available to authorized applicants Tariff Act of 1930; this notice is published E (19 CFR part 201), and part 207, representing interested parties (as pursuant to section 207.12 of the subparts A and B (19 CFR part 207). defined in 19 U.S.C. 1677(9)) who are Commission’s rules. EFFECTIVE DATE: March 28, 2001. parties to the investigation under the Issued: March 30, 2001. FOR FURTHER INFORMATION CONTACT: APO issued in the investigation, By order of the Commission. Olympia DeRosa Hand (202–205–3182), provided that the application is made Donna R. Koehnke, Office of Investigations, U.S. not later than seven days after the Secretary. International Trade Commission, 500 E publication of this notice in the Federal [FR Doc. 01–8275 Filed 4–3–01; 8:45 am] Street SW., Washington, DC 20436. Register. A separate service list will be BILLING CODE 7020–02–P Hearing-impaired persons can obtain maintained by the Secretary for those information on this matter by contacting parties authorized to receive BPI under the Commission’s TDD terminal on 202– the APO. INTERNATIONAL TRADE 205–1810. Persons with mobility Conference COMMISSION impairments who will need special [Investigations Nos. 731–TA–678–679 and assistance in gaining access to the The Commission’s Director of 681–682 (Review)] Commission should contact the Office Operations has scheduled a conference of the Secretary at 202–205–2000. in connection with this investigation for Stainless Steel Bar From Brazil, India, General information concerning the 9:30 a.m. on April 18, 2001, at the U.S. Japan, and Spain Commission may also be obtained by International Trade Commission accessing its internet server (http:// Building, 500 E Street SW., Washington, Determinations www.usitc.gov). The public record for DC. Parties wishing to participate in the On the basis of the record1 developed this investigation may be viewed on the conference should contact Olympia in the subject five-year reviews, the Commission’s electronic docket (EDIS– Hand (202–205–3182) not later than United States International Trade ON–LINE) at http://dockets.usitc.gov/ April 11, 2001, to arrange for their Commission determines, pursuant to eol/public. appearance. Parties in support of the section 751(c) of the Tariff Act of 1930 SUPPLEMENTARY INFORMATION: imposition of antidumping duties in (19 U.S.C. § 1675(c)) (the Act), that this investigation and parties in revocation of the antidumping duty Background opposition to the imposition of such orders on stainless steel bar from Brazil, This investigation is being instituted duties will each be collectively India, Japan, and Spain would be likely in response to a petition filed on March allocated one hour within which to to lead to continuation or recurrence of 28, 2001, by Carolina Hydroponic make an oral presentation at the material injury to an industry in the Growers Inc., Leland, NC; Eurofresh, conference. A nonparty who has United States within a reasonably Willcox, AZ; HydroAge, Cocoa, FL; testimony that may aid the foreseeable time. Sunblest Management, Fort Lupton, CO; Commission’s deliberations may request Background Sunblest Farms, Peyton, CO; and Village permission to present a short statement Farms, LP, Eatontown, NJ. at the conference. The Commission instituted these reviews on December 30, 1999 (64 FR Participation in the Investigation and Written Submissions 73579) and determined on April 6, Public Service List As provided in sections 201.8 and 2000, that it would conduct full reviews Persons (other than petitioners) 207.15 of the Commission’s rules, any (65 FR 20834, April 18, 2000). Notice of wishing to participate in the person may submit to the Commission the scheduling of the Commission’s investigation as parties must file an on or before April 23, 2001, a written reviews and of a public hearing to be entry of appearance with the Secretary brief containing information and held in connection therewith was given to the Commission, as provided in arguments pertinent to the subject by posting copies of the notice in the sections 201.11 and 207.10 of the matter of the investigation. Parties may Office of the Secretary, U.S. Commission’s rules, not later than seven file written testimony in connection International Trade Commission, days after publication of this notice in with their presentation at the conference Washington, DC, and by publishing the the Federal Register. Industrial users no later than three days before the notice in the Federal Register on July 6, and (if the merchandise under conference. If briefs or written 2000 (65 FR 41728). The hearing was held in Washington, DC, on January 30, investigation is sold at the retail level) testimony contain BPI, they must 2001, and all persons who requested the representative consumer organizations conform with the requirements of opportunity were permitted to appear in have the right to appear as parties in sections 201.6, 207.3, and 207.7 of the person or by counsel. Commission antidumping Commission’s rules. The Commission’s investigations. The Secretary will rules do not authorize filing of 1 The record is defined in sec. 207.2(f) of the prepare a public service list containing submissions with the Secretary by Commission’s Rules of Practice and Procedure (19 the names and addresses of all persons, facsimile or electronic means. CFR § 207.2(f)).
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The Commission transmitted its person’s former area of responsibility. statutes enforced by INS, and other determinations in these investigations to Finally, routine use J allows disclosure Federal law enforcement agencies. The the Secretary of Commerce on March 26, to the Courts and adjudicative bodies to system also maintains the name and 2001. The views of the Commission are protect the litigation interest of the INS; reference data on persons not entitled to contained in USITC Publication 3404 (3) modify one routine use (D). Routine be admitted into the United States. The (March 2001), entitled Stainless Steel use D has been revised to remove the system also interfaces with other INS Bar from Brazil, India, Japan, and Spain: applicant, petitioner, or respondent data systems. They are the Deportable Investigations Nos. 731–TA–678–679 since no routine use disclosure Alien Control System (DACS—system and 681–682 (Review). provision is necessary to disclose to notice JUSTICE/INS–012) lookout By order of the Commission. these individuals; and (4) make other records from the Detention and Issued: March 26, 2001. minor corrections and edits to reflect Deportation Branch; records from the Donna R. Koehnke, the current status of this system of Alien Documentation, Identification and records. Telecommunication (ADIT); Lost/ Secretary. In accordance with 5 U.S.C. 552a Stolen/Recovered Alien Registration [FR Doc. 01–8274 Filed 4–3–01; 8:45 am] (e)(4) and (11), the public is given a 30- Cards from the Computer Linked BILLING CODE 7020–02–P day period in which to comment on the Applications Information Management system of records. The Office of System (CLAIMS—system notice Management and Budget (OMB), which JUSTICE/INS–013); the Non-Immigrant DEPARTMENT OF JUSTICE has oversight responsibility under the Information System (NIIS) entry and [AAG/A Order No. 225–2001] Act, requires a 40-day period in which departure information for non- to conclude its review of the system. immigrant aliens under the Visa Waiver Privacy Act of 1974; System of Therefore, please submit any comment Pilot Program (VWPP) that are Records by (30 days from the publication date of confirmed overstays and refusals; this notice). The public OMB and the Pursuant to the provisions of the lookout records from the Consular Congress are invited to submit any Privacy Act of 1974 (5 U.S.C. 552a), Lookout and Support System (CLASS) comments to Mary Cahill, Management notice is hereby given that the and the TIPOFF database (suspected Analyst, Management and Planning Department of Justice, Immigration and terrorist database) from the United Staff, Justice Management Division, Naturalization Service (INS) is States Department of State; and the Department of Justice, Washington, DC republishing Subsystem G of ‘‘The Interagency Border Inspection System Immigration and Naturalization Service 20530 (Room 1400, National Place (IBIS) which supports systems of Index System, JUSTICE/INS–001,’’—last Building). different border inspection agencies. In accordance with 5 U.S.C. 552a the published October 5, 1993 (58 FR Department has provided a report to AUTHORITY FOR MAINTENANCE FOR THE SYSTEM: 51847)—as a separate system of records OMB and the Congress. 8 U.S.C. 1185. to be entitled ‘‘National Automated Immigration Lookout System (NAILS).’’ Dated: March 29, 2001. PURPOSE(S): The system was formerly entitled, Stephen R. Colgate, The purpose of the system is to Service Lookout System. Subsystem G is Assistant Attorney General for facilitate the inspection and also being redescribed to cancel two Administration. investigation processes by providing sub-subsystems which are no longer JUSTICE/INS–032 quick and easy retrieval of biographical required, as the records are now or case data on individuals who may be maintained in other systems of records. SYSTEM NAME: inadmissible to the United States, or Records maintained in the Application National Automated Immigration may be of interest to other Federal and petition System are now maintained Lookout System (NAILS). agencies. in the Computer Linked Application Petition System JUSTICE/INS–013. SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE Records maintained in the Headquarters, Regional and District SYSTEM, INCLUDING CATEGORIES OF USERS AND Correspondence Control Index are now offices, Administrative Centers, Service THE PURPOSE OF SUCH USES: maintained in the JUSTICE/INS–001, centers, ports of entry and other file Relevant information contained in Subsystem G, Correspondence Control control offices of the Immigration and this system of records may be disclosed and Task Tracking System. Naturalization Service (INS) in the as follows: NAILS is being redescribed to United States as detailed in JUSTICE/ A. To other Federal, State, local improve the clarity and accuracy of the INS–999, last published, April 13, 1999 government, and international law system description. Specifically, INS (64 FR 18052). enforcement and regulatory agencies, proposes to: (1) Remove inapplicable CATEGORIES OF INDIVIDUALS COVERED BY THE foreign governments, the Department of routine use disclosure provisions; (2) SYSTEM: Defense, including all components add four routine use disclosures (i.e., C, Violators or suspected violators of the thereof, the Department of State, the H, I, and J). (Routine use C will assist criminal or civil provisions of statutes Department of the Treasury, the Central INS with its law enforcement functions. enforced by INS, other federal law Intelligence Agency, the Selective Routine use H will allow contractors enforcement agencies, and persons Service System, the United States Coast working for INS to have access to the whom INS has reason to believe are not Guard, the United Nations, INTERPOL, information in this system of records. entitled to be admitted into the United and individuals and organizations Routine use I allows disclosure to States. during the course of investigations in former employees when the Department the processing of a matter or a of Justice requires information and/or CATEGORIES OF RECORDS IN THE SYSTEM: proceeding within the purview of the consultation assistance from the former This system contains names and immigration and nationally laws, to employee that is necessary for reference data on violators, alleged elicit information required by the personnel-related or other official violators, and suspected violators of the Service to carry out its functions and purposes regarding a matter within that criminal or civil provisions of the statutory mandates.
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B. To a Federal, State, local or foreign regulations; or facilitating approval by NARA: Each record is government agency or organization, or communications with a former deleted automatically from the system international organization, lawfully employee that may be necessary for when it reaches its established engaged in collecting law enforcement personnel-related or other official expiration data. (NOTE: The officer who intelligence information, whether civil purposes where the Department requires creates a lookout record establishes the or criminal, and/or charged with information and/or consultation expiration date of the record that may investigating, prosecuting, enforcing or assistance from the former employee vary from one day to 100 years.) implementing civil and/or criminal regarding a matter within that person’s Electronic Mail and Word Processing laws, related rules, regulations or former area of responsibility. System copies that have no further orders, to enable these entities to carry J. In a proceeding before a court or administrative value after the out their law enforcement adjudicative body before which INS or recordkeeping copy is made, will be responsibilities, including the collection the Department of Justice (DOJ) is destroyed/deleted within 180 days after of law enforcement intelligence. authorized to appear when any of the the recordkeeping copy has been C. To the appropriate agency/ following is a party to the litigation or produced. Those copies used for organization/task force, regardless of has an interest in the litigation and such dissemination, revision, or updating whether it is Federal, State, local, records are determined by INS or DOJ to that are maintained in addition to the foreign, or tribal, charged with the be arguably relevant to the litigation: (1) recordkeeping copy are destroyed/ enforcement (e.g., investigation and DOJ, or any DOJ component, or deleted when disseminations, revision, prosecution) of a law (criminal or civil), subdivision thereof; (2) any DOJ or updating is completed. regulation, or treaty, of any record employee in his or her official capacity; contained in this system of records (3) any DOJ employee in his or her SYSTEM MANAGER(S) AND ADDRESS: which indicates either on its face, or in individual capacity when the DOJ has Associate Commissioner, Programs, conjunction with other information, a agreed to represent the employee or has Immigration and Naturalization Service, violation or potential violation of that authorized a private attorney to 425 I Street NW, Washington, DC 20536. law, regulation, or treaty. represent him or her; and (4) the United NOTIFICATION PROCEDURES: D. To an attorney or representative States, where INS or the DOJ determines who is acting on behalf of an individual that the litigation is likely to affect it or Inquiries should be addressed either covered by this system of records as any of its subdivisions. to: 1) The system manager noted above; defined in 8 CFR 1.1(j) in conjunction 2) to the FOIA/PA Officer at the INS with any proceeding before the POLICIES AND PRACTICES FOR STORING office where the record is maintained; Immigration and Naturalization Service RETRIEVING, ACCESSING, RETAINING, AND and 3) the Headquarters FOIA/PA Office or the Executive Office for Immigration DISPOSING OF RECORDS IN THE SYSTEM: at 425 I Street, NW, Second Floor, STORAGE: Review. Union Labor Life Building, Washington, E. To the news media and the public Records are stored on computer DC 20526. pursuant to 28 CFR 50.2 unless it is processable storage media, and paper determined that release of the specific records generated from the computer are RECORDS ACCESS PROCEDURE: information in the context of a stored in lockable file cabinets. Requests for access to records in this particular case would constitute an RETRIEVABILITY: system shall be in writing and should be addressed to the System Manager noted unwarranted invasion of personal Records are retrieved by name and above or to the appropriate FOIA/PA privacy. other identifying information as F. To a Member of Congress, or staff Officer as indicated in System available, of the person, normally at the acting upon the Member’s behalf, when Locations. Requests sent directly to the time the person is seeking admission to the Member or staff requests the System Manager should be submitted by the United States. information on behalf of and at the mail. Requests to the FOIA/PA Officer request of the individual who is the SAFEGUARDS: may be submitted either my mail or in subject of the record. The NAILS database is a mainframe- person. If a request for access is made G. To General Service Administration based integrated data management by mail, the envelope and letter shall be (GSA) and National Archives and system used as the INS lookout database clearly marked Privacy Access Request. Records Administration (NARA) in that contains records on individuals Include a description of the general records management inspections who are either not entitled to be subject matter and if known, the related conducted under the authority of 44 admitted to the United States, or who file number. To identify a record, the U.S.C. 2904 and 2906. are to be admitted but with notification requester should provide his or her full H. To contractors, grantees, experts, of their entry to the appropriate agency. name, date and place of birth, consultants, students, and others Authorized access requires use of a verification of identity in accordance performing or working on a contract, password which is restricted to persons with 8 CFR 103.21(b), and any other service, grant, cooperative agreement, or having a need to access NAILS in the identifying information which may be of other assignment for the Federal performance of their official duties. assistance in locating the record. The government, when necessary to Paper records generated by NAILS are requester shall also provide a return accomplish an agency function related stored in spaces that are locked outside address for transmitting the records to to this system of records. of normal office hours. Many records are be released. I. Pursuant to subsection (b)(3) of the stored in cabinets or machines that are CONTESTING RECORD PROCEDURES: Privacy Act, the Department of Justice locked outside normal office hours. may disclose relevant and necessary Most INS offices are located in buildings An individual desiring to request information to a former employee of the under security guard, and access to amendment of records maintained in Department for purposes of: Responding premises is by official identification. this system of records should direct his to an official inquiry by a federal, state, or her request to the System Manager or or local government entity or RETENTION AND DISPOSAL to the appropriate FOIA/PA Officer professional licensing authority, in The following INS proposal for noted in System Locations. The request accordance with applicable Department retention and disposal is pending should state the information being
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contested, the reason(s) for contesting it, Section 823(a) and determined that the substances is consistent with the public and the proposed amendment thereof. registration of Irix Pharmaceuticals, Inc. interest at this time. DEA has Persons filing such requests should to manufacture methylphenidate is investigated Noramco, Inc. on a regular make the envelope with the following consistent with the public interest at basis to ensure that the company’s legend ‘‘Privacy Act Amendment this time. DEA has investigated the firm registration is consistent with the public Request.’’ on a regular basis to ensure that the interest. These investigations have company’s continued registration is included inspection and testing of the RECORD SOURCE CATEGORIES: consistent with the public interest. company’s physical security systems, Basic information contained in this These investigations have included verification of the company’s index is gathered from INS inspections, inspection and testing of the company’s compliance with state and local laws, adjudications, reports of investigation, physical security systems, audits of the and a review of the company’s sworn statements, correspondence and company’s records, verification of the background and history. Therefore, memoranda, official reports, company’s compliance with state and pursuant to 21 U.S.C. 823 and 28 CFR memoranda, and written and electronic local laws, and a review of the 0.100 and 0.104, the Deputy Assistant referrals from other government company’s background and history. Administrator, Office of Diversion agencies, including Federal, State, and Therefore, pursuant to 21 U.S.C. 823 Control, hereby orders that the local, information from foreign and 28 CFR 0.100 and 0.104, the Deputy application submitted by the above firm government agencies and international Assistant Administrator, Office of for registration as a bulk manufacturer organizations. Diversion Control, hereby orders that of the basic classes of controlled SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS the application submitted by the above substances listed above is granted. OF THE ACT: firm for registration as a bulk Dated: March 14, 2001. The Attorney General has exempted manufacturer of the basic class of Laura M. Nagel, this system from subsections (c)(3) and controlled substance listed above is Deputy Assistant Administrator, Office of (4), (d), (e)(1), (2), and (3), (e)(4)(G) and granted. Diversion Control, Drug Enforcement (H), (e)(5) and (8), and (g), of the Privacy Dated: March 26, 2001. Administration. Act pursuant to 5 U.S.C. 552a(j)(2). In Laura M. Nagel, [FR Doc. 01–8182 Filed 4–3–01; 8:45 am] addition, the Attorney General has Deputy Assistant Administrator, Office of BILLING CODE 4410–09–M exempted this system from subsections Diversion Control, Drug Enforcement (c)(3), (d) and (e)(1), (e)(4)(G) and (H) of Administration. the Privacy Act pursuant to 5 U.S.C. [FR Doc. 01–8180 Filed 4–3–01; 8:45 am] DEPARTMENT OF JUSTICE 552a(k)(2). The exemptions apply only BILLING CODE 4410–09–M to the extent that records in the system Drug Enforcement Administration are subject to exemptions pursuant to 5 Importation of Controlled Substances; U.S.C. 552a (j)(2) and (k)(2). INS has DEPARTMENT OF JUSTICE Notice of Application published proposed implementing regulations in accordance with the Drug Enforcement Administration Pursuant to section 1008 of the requirements of 5 U.S.C. 553(b), (c), and Controlled Substances Import and (e) and these are published in today’s Manufacturer of Controlled Export Act (21 U.S.C. 958(i)), the Federal Register. Substances; Notice of Registration Attorney General shall, prior to issuing [FR Doc. 01–8285 Filed 4–3–01; 8:45 am] By Notice dated September 6, 2000, a registration under this Section to a BILLING CODE 4410–10–M and published in the Federal Register bulk manufacturer of a controlled on September 25, 2000, (65 FR 57622), substance in Schedule I or II and prior Noramco Inc., 1400 Olympic Drive, to issuing a regulation under Section DEPARTMENT OF JUSTICE Athens, Georgia 30601, made 1002(a) authorizing the importation of application by renewal to the Drug such a substance, provide DRUG ENFORCEMENT Enforcement Administration (DEA) to manufacturers holding registrations for ADMINISTRATION be registered as a bulk manufacturer of the bulk manufacture of the substance the basic classes of controlled an opportunity for a hearing. Manufacturer of Controlled Therefore, in accordance with section substances listed below: Substances; Notice of Registration 1301.34 of Title 21, Code of Federal Regulations (CFR), notice is hereby By Notice dated September 28, 2000, Drug Schedule given that on November 16, 2000, and published in the Federal Register Noramco of Delaware, Inc., 500 Old on October 13, 2000, (65 FR 60978), Irix Amphetamine (1100) ...... II Codeine (9050) ...... II Swedes Landing Road, Wilmington, Pharmaceuticals, Inc., 101 Technology Oxycodone (9143) ...... II Delaware 19801, made application by Place, Florence, South Carolina 29501, Hydrocodone (9193) ...... II renewal to the Drug Enforcement made application by renewal to the Morphine (9300) ...... II Administration to be registered as an Drug Enforcement Administration Thebaine (9333) ...... II importer of the basic classes of (DEA) to be registered as a bulk Fentanyl (9801) ...... II controlled substances listed below: manufacturer of methylphenidate (1724), a basic class of controlled The firm plans to support its other Drug Schedule substance listed in Schedule II. manufacturing facility with The firm plans to manufacture manufacturing and analytical testing. Opium, raw (9600) ...... II methylphenidate for demonstration No comments or objections have been Poppy straw concentrate (9670) .. II purposes and for dosage form received. DEA has considered the development and stability studies. factors in Title 21, United States Code, The firm plans to import the listed No comments or objections have been Section 823(a) and determined that the controlled substances for the bulk received. DEA has considered the registration of Noramco, Inc. to manufacture of other controlled factors in Title 21, United States Code, manufacture the listed controlled substances.
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Any manufacturer holding, or Apprenticeship initiative. This initiative p.m. at the place of mailing two working applying for, registration as a bulk targets incumbent and prospective days prior to the deadline date specified manufacturer of these basic classes of professional youth workers working for receipt of proposals in this SGA. The controlled substances may file written directly with young people. The funding term ‘‘working days’’ excludes comments on or objections to the available for these grants is $1.45 weekends and U.S. Federal holidays. application described above and may, at million dollars and includes three The only acceptable evidence to the same time, file a written request for distinct categories for application and establish the date of mailing of an a hearing on such application in award. The three categories are: (1) application received after the deadline accordance with 21 CFR 1301.43 in Funds for Local Intermediaries to date for the receipt of proposals sent by such forms as prescribed by 21 CFR Support Local Youth Program Service the U.S. Postal Service and on the 1316.47. Operators in the Implementation of original receipt from the U.S. Postal Any such comments, objections, or Apprenticeship Programs, (2) Grants to Service. The term ‘‘post marked’’ means requests for a hearing may be addressed, National Organizations, and (3) Provider a printed, stamped, or otherwise placed in quintuplicate, to the Deputy Assistant of Technical Assistance on Practice and impression (exclusive of a postage meter Administrator, Office of Diversion Curriculum Materials. An applicant can machine impression) that is readily Control, Drug Enforcement apply for more than one category of identifiable without further action as Administration, United States grant. having been supplied or affixed on the Department of Justice, Washington, DC DATES: The closing date for receipt of date of mailing by employees of the U.S. 20537, Attention: DEA Federal Register applications is Friday, May 11, 2001. Postal Service. Representative (CCR), and must be filed Applications must be received by 4:00 Withdrawal of Applications. not later than May 4, 2001. p.m. (Eastern Daylight Savings Time) at Applications may be withdrawn by This procedure is to be conducted the address below. No exceptions to the written notice or telegram (including simultaneously with and independent mailing and hand-delivery conditions mailgram) received at any time before of the procedures described in 21 CFR set forth in this notice will be granted. an award is made. Applications may be 1301.34(b), (c), (d), (e), and (f). As noted Applications that do not meet the withdrawn in person by the applicant or in a previous notice at 40 FR 43745–46 conditions set forth in this notice will by an authorized representative thereof, (September 23, 1975), all applicants for not be honored. Telefacsimile (FAX) if the representative’s identity is made registration to import basic classes of applications will not be honored. known and the representative signs a any controlled substances in Schedule I ADDRESSES: Applications must be receipt for the proposal. or II are and will continue to be required mailed to: U.S. Department of Labor, FOR FURTHER INFORMATION CONTACT: to demonstrate to the Deputy Assistant Employment and Training Questions should be faxed to Mamie Administrator, Office of Diversion Administration, Division of Federal Williams at 202–693–2879, (this is not Control, Drug Enforcement Assistance, Attention: Mamie Williams, a toll-free number). All inquiries should Administration that the requirements Reference: SGA/DFA 01–103, 200 include the SGA/DFA number 01–103, for such registration pursuant to 21 Constitution Avenue, NW., Room S– and a contact name, fax and phone U.S.C. 958(a), 21 U.S.C. 823(a), and 21 4203, Washington, DC 20210. numbers. This announcement will also CFR 1311.42(a), (b), (c), (d), (e), and (f) be published on the Internet on the are satisfied. Note: Your application should specify on the cover which category you are applying Employment and Training Dated: March 14, 2001. for: 1, 2 or 3. Administration’s Home Page at http:// www.doleta.gov. Award notifications Laura M. Nagel, Hand Delivered Proposals. If Deputy Assistant Administrator, Office of proposals are hand delivered, they must will also be published on the Home Diversion Control, Drug Enforcement be received at the designated address by Page. Administration. 4:00 p.m., Eastern Daylight Time on SUPPLEMENTARY INFORMATION: [FR Doc. 01–8181 Filed 4–3–01; 8:45 am] Friday, May 11, 2001. All overnight A. Authority BILLING CODE 4410–09–M mail will be considered to be hand delivered and must be received at the Section 171 of the Workforce designated place by the specified Investment Act authorizes the use for DEPARTMENT OF LABOR closing date and time. Telegraphed, e- demonstration program funds mailed and/or fax proposals will not be appropriated under section 174(b) for Employment and Training honored. Failure to adhere to the above the purpose of developing and Administration instructions will be a basis for implementing techniques and determination of non-responsive. approaches, and demonstrating the Youth Development Practitioner effectiveness of specialized methods, in Apprenticeship Implementation Grants Late Proposals. A proposal received at the designated office after the exact time addressing employment and training AGENCY: Employment and Training specified for receipt will not be needs. Section 171(d) of the Workforce Administration (ETA), Labor. considered unless it is received before Investment Act authorizes the use for ACTION: Notice of availability of funds the award is made and it: dislocated worker demonstration and Solicitation for Grant Applications • Was sent by U.S. Postal Service programs of funds reserved under (SGAs). registered or certified mail not later than section 132(a)(2)(A) and establishes the the fifth day (5th) calendar day before administration of these funds by the This notice contains all of the the closing date specified for receipt of Secretary for that purpose under section necessary information and forms needed applications (e.g. an offer submitted in 173(b). DOL FY 2000 Appropriations to apply for grant funding. response to a solicitation requiring Act, enacted November 17, 1999, SUMMARY: The U.S. Department of Labor receipt of applications by the 20th of the authorizes dislocated worker (DOL), Employment and Training month must be mailed by the 15th): demonstration projects that provide Administration (ETA), announces • Was sent by U.S. Postal Service assistance to new entrants in the competitive grants to be awarded under Express Mail Next Day Service, Post workforce and incumbent workers. the Youth Development Practitioner Office to Addressee, not later than 5 Apprenticeship programs are authorized
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by The National Apprenticeship Act of young people regardless of the funding materials gathered from individuals and 1937 Fitzgerald Act), Public Law 75–308 source. Our vision over time is that this groups working in the field. A focus and clarified in Title 29, Code of Federal will be embraced throughout the field of group of practitioners and advocates Regulations Part 29. youth work and will encourage more was convened to review the OJT and young adults to pursue youth work as a related instruction prior to sending it B. Background career. The long-term success of the out for initial comment. Forums were This section describes the context for youth workforce development system then held in each of the Employment this initiative aimed at developing and requires a human capital strategy. We and Training Administration’s Regions supporting apprenticeship programs for are seeking to upgrade the field of youth and one in Washington DC to discuss professional youth workers. work through accreditation, training apprenticeability of this occupation and The enactment of the Workforce opportunities, apprenticeship and included extensive input regarding the Investment Act (WIA) provides a unique certification. OJT and related instruction. A broad opportunity to strongly impact the array of stakeholders was included in C. The Youth Development Practitioner youth workforce development system. these forums. The concept of Apprenticeship Initiative WIA moves away from short-term, apprenticeship for youth workers largely summer employment This initiative targets youth workers, received enthusiastic support. opportunities to longer-term more those professionals who work or will The Office of Apprenticeship comprehensive services to eligible work in youth programs delivering Training, Employer and Labor Services youth. The focus is on assisting young services to young people as front-line (OATELS) reviewed the final round of people to acquire the skills and staff. The vision of occupation comments and created a final draft of competencies that they need to recognition and apprenticeship for the OJT and related instruction that was successfully transition to adulthood, youth workers is to provide quality submitted to the administrator of careers and further education and training opportunities for youth workers OATELS to determine apprenticeability. training. who deliver comprehensive services to The occupation was approved as Youth development recognizes that young people in order to maximize our apprenticeable and was formally young people need a range of supports investment in young people, in youth established as an apprenticeship and opportunities for learning and for programming and in the workforce occupation on October 27, 2000. growth over a long period of time. development system. There are two Information on this new apprenticeship Services under a youth development major goals for achieving occupation occupation has been disseminated to approach include opportunities for recognition and apprenticeship for both the apprenticeship community and leadership development, basic Youth Development Practitioners. The the workforce development system. The supportive services as well as academic first seeks to strengthen the field of notice announcing the recognition of the and occupational skills training and youth work by providing training, occupation, including further work experiences. mentoring and a career path for information on training plan and related This emphasis upon youth incumbent and prospective youth instruction is contained in Training and development along with its workers and, consequently, improve Employment Information Notice No. 8– authorization of the new Youth retention in the field. Secondly, this 00 (includes Vision Paper, On-The-Job Opportunity Grants (YOGs), a $250 undertaking attempts to improve the Training and Related Instruction) and is million investment, represents an quality of youth services by providing an appendix to this SGA. unparalleled alignment of resources training standards; upgrading The Department of Labor will committed to youth programming. We incumbent youth worker skills by continue to disseminate information anticipate that the roll out of the YOGs increasing the number of youth workers and publicize the Youth Development alone will result in approximately 1,500 who receive extensive, quality training; Practitioner occupation and front-line staff positions nationwide. and increasing the stability of programs apprenticeship. OATELS will begin the Success in delivering the extensive by helping to retain caring adult staff. process to establish National Guideline services outlined by WIA depends not Registered apprenticeship provides a Standards. The purpose of these grants only on the quality of program design, vehicle to meet the goals outlined are to support the dissemination of but on the delivery of services to youth above. It provides an effective time- information, to publicize the occupation by front-line staff. WIA legislates a honored way to build a skilled, and apprenticeship, and to support different approach to serving young knowledgeable and loyal workforce. The interested communities in the people. The law places youth combination of structured OJT and implementation of apprenticeship development principles at the heart of related technical instruction will offer programs. These funds are intended to serving youth. The strategy requires Youth Development Practitioners a stimulate, seed and support the broad comprehensive services and moves from recognizable career path that includes implementation of these apprenticeship short-term interventions to a systematic, high quality training and educational programs. The Department plans to consolidated approach geared toward opportunities, while offering the field award grants under three different long-term workforce preparation. recognizable occupational standards. It categories: (1) to organizations or Because youth services operate at the also provides for recognition through entities at the local community level local level and are implemented by the issuance of a nationally recognized that can serve as ‘‘intermediaries’’ to front-line youth workers, the role of Certificate of Completion. bring together stakeholders to establish youth workers is critical. Youth workers The strategy pursued to recognize the and register apprenticeship programs; develop relationships with young occupation and develop the (2) to national organizations that have people and provide crucial expertise apprenticeship focused on creating an affiliate youth programs which employ and support to youth as they transition inclusive, far-reaching process that youth development practitioners for to adulthood and careers. utilized and acknowledged the outreach and capacity-building; and (3) While WIA is the driving force behind impressive work that already exists in to an organization or entity to establish our movement to create a youth worker the field. The process began with a clearinghouse of information on occupation and apprenticeship, we see drafting on-the-job training (OJT) and practice and curriculum guides to broad applicability for working with related instruction from curriculum and support local communities in
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developing and implementing in establishing programs will vary registered apprenticeship and best apprenticeship programs. Details for greatly depending upon their existing practice models; applying under each category are capacity to provide the on-the-job • Developing a recruitment and described below. Note that a national training and the related instruction. retention plan for participating organization is also eligible to apply for There also may be benefit in bringing an programs and their apprentices; a category one or three grant. established consortium of local program • Engaging the local Boards and operators for the purpose of organizing Youth Councils and working with Grant Categories and delivering the related training and Youth Council members to establish and Category One: Funds for Local for providing training to journey level promote implementation of policy for Intermediaries to Support Local Youth staff in the delivery and assessment of the use of registered apprenticeship; Program Service Operators in the on-the-job training. • Convening local youth program Implementation of Apprenticeship Local Youth Councils were created operators for the purpose of outreach, Programs under WIA to coordinate youth sharing of practice, technical assistance and training of journey level staff for We intend to support the activities in the local area. As delivery and assessment of on-the-job development and registration of determined by the Local Workforce training; apprenticeship programs at the local Investment Board, Youth Councils may • Convening community advisory level by supporting an organization or also advise the Local Board on the group to guide the implementation of entity to serve as an ‘‘intermediary’’ in selection of eligible providers of youth this apprenticeship; a local area to bring together and activities in the area, develop the youth portion of the local workforce • Working with local providers of provide technical assistance to potential related instruction, particularly apprenticeship program sponsors and investment plan, oversee the quality of youth services provided under WIA, community colleges to identify potential providers of related training to develop sources of related instruction; apprenticeship training programs. and other duties. Youth councils are comprised of representatives of the • Providing technical assistance in Possible intermediaries include, but are identifying and insuring the availability not limited to, community-based Local Board and other members of the community who have an interest or of instructors who are knowledgeable organizations, employer organizations and experienced in the delivery of the or employer consortiums, community expertise in youth services. Registered apprenticeship is an element of youth related instruction course work; colleges and other post-secondary • service delivery and, accordingly, Youth Developing a process to promote institutions and other organizations in career ladder for those graduates of the the field. We also intend to ensure that Councils can play a role in supporting the implementation of registered registered apprenticeship system (i.e. local Boards and Youth Councils are articulation into an Associates Degree or engaged to support registered apprenticeship programs through their policies and recommendations to the higher); apprenticeship programs for youth • Local Board. Demonstrating in-kind support from development practitioners as part of the institutions involved in the process (i.e. youth portion of the local area’s Outcomes time spent to facilitate and foster the Workforce Investment Plan. Funded intermediaries are process and/or free facilities to conduct Local youth program service responsible for: related instruction); providers (program sponsors) tend to be • Establishment of the Youth • Developing and implementing a relatively small employers that are Development Practitioner registered strategy or strategies to ensure inclusion supported by government, foundation apprenticeship program; of practitioners representing diversity of and/or contributions from the public or • Recruitment and retention of culture, ethnicity, gender as well as from membership fees. Their capacity to participating programs; inclusion of persons with disabilities; train staff varies greatly depending upon • Coordination with local Boards and • Developing, through the local Board factors such as size of the program, Youth Councils; and Youth Council, policies and length of operation and whether they • Establishment of a career path for procedures to ensure consistency and are affiliated with a national program or apprentices including additional integrity of system implementation and organization. Programs with national credentialing and necessary articulation beyond; affiliations are much more likely to have agreements with post-secondary • Developing, as an outreach strategy, organized and well-established training institutions; and a pre-apprenticeship program in programs for new staff. Front-line staff • Development of a mechanism for secondary school(s) that would at the Department’s Youth Opportunity evaluation of activities undertaken that articulate to a post-secondary program; Grant sites are trained through a includes measurable results of impact; • Defining, setting and documenting combination of local efforts and the Specific activities to achieve these measurable goals or benchmarks for nationally-sponsored Youth outcomes, undertaken in conjunction grant activities; and Opportunity Grant Leadership Institute. with the services of an Apprenticeship • Documenting processes, lessons Programs that are run by independent, and Training Representative (the local learned and effective practices for small community-based organizations Apprenticeship and Training dissemination. are less likely to have the capacity to Representative (ATR), a field employee provide for formal training for new of the Employment and Training Category Two: Grants to National youth development practitioner staff. Administration of the Department of Organizations Regardless of size, funding source, Labor, provides technical assistance in We intend to support the and/or national affiliation, we believe the promotion, development and development and registration of that local youth program operators can servicing of registered apprenticeship apprenticeship programs at the national benefit from using registered programs with qualified sponsors), and local level by supporting the broad apprenticeship programs to train its under this grant include: implementation of the Youth front-line youth development • Develop, articulate and implement Development Practitioner practitioner staff. The extent to which a vision of a sustainable local apprenticeship initiative by a national programs will need technical assistance infrastructure built upon successful organization among its local affiliates. A
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goal of this grant award is to broadly • Establishing a career path for related instruction and other relevant seed apprenticeship programs across the apprentices including additional information to this initiative) and best workforce development system. credentialing and necessary articulation practices available. Additionally, it is Preference will be given to national agreements with post-secondary expected that the awardee of this organizations that are able to institutions; and category will develop or adapt demonstrate an ability to broadly • Developing a mechanism for curriculum to fulfill the outlined related implement apprenticeship program evaluation of activities undertaken that instruction of the Youth Development participation within their organization includes measurable results of impact. Practitioner Apprenticeship (see and geographically. The national Activities that may be supported Appendix C of this document). organization will develop a Youth under this grant include: The Youth Development Practitioner Development Practitioner • Development of a sustainable apprenticeship requires related apprenticeship program for their local infrastructure and an oversight or instruction to supplement the on-the-job affiliates. Additionally, they will recruit, advisory body to provide direction and training. The related instruction outline coordinate and provide technical guidance; provides a suggested total of 343 hours assistance to facilitate affiliate • Development of an outreach/ of classroom instruction. The related participation and provide ongoing communication plan to promote the instruction falls under three areas: Core support. apprenticeship and encourage broad Skills; Workforce Development Skills; Many employers are reluctant to affiliate participation; and Administrative Skills. There is no support registered apprenticeship • Development and dissemination of presumed provider of related because they see no direct financial information materials on registered instruction although community benefit or because they lack the capacity youth development practitioner colleges are a primary source of related to train to the program standards. Youth programs; instruction. Community colleges already program service providers, in particular, • Identification of relevant are one of the leading providers of may be reluctant to embrace this form curriculum for delivery of related related instruction for apprenticeship of training because of capacity or lack of instruction; programs through credit and non-credit understanding about the benefits of • Development of a recruitment and course instruction. We also expect that registered apprenticeship. They need to retention plan for participating the Youth Opportunity Grant be convinced and know that they will apprentices and programs; Leadership Institute will provide a have support in implementing • Convening local youth program substantial amount of the related programs. operators for the purpose of outreach, instruction for staff at the Department’s Thousands of local youth program sharing of practice, technical assistance Youth Opportunity grant sites. service providers are affiliated with a and training of journey level staff for We expect that existing institutions national organization. This affiliation delivery and assessment of on-the-job and training providers will build upon may take a number of forms. For training; their existing course offerings to provide example, a program may be a local • Adoption of or establishment of a the related instruction and may also chapter of a national organization that train-the-trainer system that will ensure develop new courses of instruction. In provides a range many types of the availability of knowledgeable, developing, refining and enhancing community services, including youth experienced skilled instructors for existing related instruction, training programs. In addition, there are other delivery of on-the-job training and providers can benefit from access to national organizations that provide related instruction course work; existing curriculum materials and technical assistance and support to a • Delivery of related instruction; practice. Accordingly, we plan to test local youth program provider but do not • Development of a process to whether it is feasible and practical for have local program affiliates. promote career ladder for those a qualified applicant to assist local National organizations that are graduates of the registered related training providers by providing directly connected to local youth apprenticeship system (i.e., articulation them with information on practice and program providers can be of assistance into an Associates Degree or higher); curriculum materials that directly in conducting outreach and in providing • Identification and dissemination of supports the delivery of related assistance to their members or affiliates information on practice instruction. It is intended that this in implementing registered Youth • Defining, setting and documenting assistance will enable training providers Development Practitioner measurable goals or benchmarks for in putting together quality program apprenticeship programs. grant activities; and instruction that addresses the related • Documenting processes, lessons training outline, supports adult Outcomes learned and effective practices. learning, provides methodology for Funded National Organizations are assessing attainment of knowledge and Category Three: Provider of Technical responsible for: skills and uses interactive techniques Assistance on Practice and Curriculum • Coordinating broad implementation for learning. Coordination with Materials and Creation of National of registered Youth Development representatives from post-secondary Practitioner apprenticeship programs Clearinghouse institution associations and among affiliates or members; We intend to support the organizations is required to promote the • Establishing an infrastructure development and registration of program and ensure the ability of local within the national organization that apprenticeship programs at the national programs to enter into articulation provides ongoing support to level by supporting an organization or agreements that support the opportunity participating programs, provides access entity to serve as a provider of technical for additional credentialing. These to necessary training, coordinates assistance who will provide technical grantees will be responsible for the outreach and recruitment, conducts assistance on practice and curriculum as dissemination of lessons learned and evaluation, disseminates information well as develop a plan for technical best practices from grant awardees in including promotional materials, best assistance outreach. The provider will category one and two of this SGA. practices and lessons learned, and establish a national clearinghouse to We are interested in innovative monitors retention; make all relevant materials (OJT and approaches to providing technical
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assistance and also, particularly services, the DOL/ETA’s award does not criteria listed below. The panel results interested in supporting an existing provide the justification or basis to sole- are advisory in nature and are not training provider that already has source the procurement, i.e., avoid binding on the Grant Officer. The substantially developed and delivered competition. Government may elect to award the the course work that is outlined in the Number and Amount of Grant Awards grant with or without discussions with related instruction guide. We recognize the offeror. In situations without that the funds available will not support It is anticipated that grants will be discussions, an award will be based on new curriculum development, rather awarded by category as follows: the offeror’s signature on the SF 424, they will support dissemination and Category 1—Supporting local which constitutes a binding offer. All technical assistance of existing community implementation—up to 9 applications must include the required curriculum and course information. grants in amounts ranging elements. Final award decisions will be Finally, we expect the grantee to approximately between $75,000— based on the best interests of the actively participate in and support the $100,000; Category 2—Supporting government, including consideration of formation of National Guideline national organization outreach and geographic area and variety among types Standards for the Youth Development technical assistance—to 4 grants, in of organizations awarded grants. Practitioner Occupation with OATELS. amounts ranging approximately between $100,000—$125,000; and Evaluation Criteria Outcomes Category 3—Technical assistance on Category One: Funds for Local • Develop and coordinate the practice and curriculum guides—one Intermediaries to Support Local Youth implementation of both curriculum for award for the clearinghouse activities in Program Service Operators in the related instruction and an outreach plan an amount ranging approximately Implementation of Apprenticeship for its dissemination; between $225,000—$250,000. Programs • Serve as a clearinghouse of Period of Performance materials and information for related (1) Capacity of the organization to instruction and the dissemination of Grant awards will be made for a provide the services and implement the lessons learned and best practices in period of 18 months from the date of plan of activity. (30 points) developing Youth Development execution. —What experience does the Practitioner apprenticeship programs; Application Submittal organization have in providing youth • Develop a mechanism for program services and promoting evaluation of activities undertaken that Applicants must submit four (4) youth development? includes an examination of the usage of copies of their proposal with original —What kinds of related experience does curriculum materials you provide; and signatures. The proposal must consist of the organization have that qualifies • Work with OATELS to develop two (2) distinct parts, Part I and Part II. them to serve in this ‘‘intermediary’’ National Guideline Standards for the Part I of the proposal, the financial capacity under this grant? Youth Development Practitioner application, shall contain the Standard —What is the capacity of the Occupation with OATELS. Form (SF) 424, ‘‘Application for Federal organization to deliver technical Assistance’’ (Appendix A) and the Eligible Applicants assistance to ‘‘potential’’ local youth Budget Information Form (Appendix B). program providers? Eligible applicants for these grants are The Catalog of Federal Domestic —What is the market for youth not-for-profit organizations, established Assistance Number (CFDA) is 17.268. development providers in the under Section 501(c)(3) of the Internal Applicants shall indicate on the SF 424 geographic area served? Revenue Code, a public post-secondary the organization’s IRS status, if (2) Quality and soundness of plan (40 educational institution, a Job Corps applicable. According to the Lobbying points) center (no fee/profit allowed), an entity Disclosure Act of 1995, section 18, an of local government, or a local organization described in section —What specific activities will be Workforce Investment Board. Any 501(c)(4) of the Internal Revenue Code undertaken and how will they result application that is received under of 1986 which engages in lobbying in the establishment of registered Category 1 (Supporting local program activities shall not be eligible for the apprenticeship programs? Present a operators in implement youth receipt of federal funds constituting an time line of these activities. practitioner apprenticeship programs) award, grant, or loan. The individual —Identify participating partners and must have the endorsement of the chair signing the SF 424 on behalf of the their roles and responsibilities in the of the local Workforce Investment applicant must represent the plan. How will key stakeholders be Board’s Youth Council. This responsible financial and administrative utilized in the implementation of your endorsement may be in a letter of entity for a grant should that application plan? What has been done to secure support. result in an award. The budget must their support and participation thus Eligible applicants applying under include, on a separate page, a detailed far? (Include discussion of an more than one grant category must breakout of each line item. advisory board) submit a separate application for each Part II—Project Narrative—will be the —How will you create an ongoing career grant category. technical proposal, including path with additional credentialing Note: Except as specifically provided, attachments, not to exceed 20 double- opportunities? DOL/ETA acceptance of a proposal and an spaced pages in 12 pitch type. This —What is the plan for involving the award of federal funds to sponsor any must be organized to follow the local Apprenticeship and Training program(s) does not provide a waiver of any evaluation criteria. Representative? grant requirements and/or procedures. For —How will the intermediary evaluate example, the OMB circulars require an Review Process the activities undertaken and measure entity’s procurement procedures must the impact of the program? (include require that all procurement transactions A careful evaluation of applications shall be conducted, as practical, to provide will be made by a technical review proposed data to be collected and open and free competition. If a proposal panel who will evaluate the how it will be assessed) identifies a specific entity to provide the applications against the established (3) Sustainability: (30 points)
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—How will this effort be supported —Describe the infrastructure that will these materials utilize a youth beyond federal funding? Provide a be developed to provide ongoing development framework? Are chart that delineates specific support to participating affiliates. materials adaptable for this program resources [both monetary and other —How will a career path be created for and can these materials be readily types of resources (staff, facilities, additional credentialing? accessed? —How will the organization evaluate etc.)] that will contribute to —What is the experience of the the activities undertaken and measure sustainability of this project as well as organization in delivering technical the impact of the program? (include how these resources will be assistance? (include scope of previous data to be collected) coordinated. technical assistance efforts and the —What is the local infrastructure that (3) Commitment and plans for technology utilized) supports sustainability? Identify the sustaining support after federal grant stakeholders in the local community has ended. (30 points) (3) Soundness and quality of plan of that would have an interest in —Provide a chart that delineates activity. (35 points) continuing to support registered specific resources [including —Explain how the plan is both apprenticeship. monetary and other types of resources innovative and realistic. (address —How will the local Board and Youth (staff, facilities, etc.)] that will reasonableness of time lines Council be engaged? What is the contribute to the sustainability of this presented) proposed role of the local Board and project as well as how these resources —How will outreach be conducted? Youth Council in providing oversight? will be coordinated. Include the How will potential users of this Category Two: National Organizations organization’s resources and external partnership commitments. Identify service beyond the organization’s (1) Experience and capacity of the additional partnerships that will be network be identified and organization to reach, influence and pursued. incorporated? support local youth program providers —How will activities to promote and —Describe methodologies to be used. in development of registered support registered apprenticeship be Include a description of the role of apprenticeship programs. (35 points) incorporated into ongoing activities of technology. Do the materials and —Provide organization information: the organization? How will the methodologies promote What is the mission of the infrastructure for continuing to sustainability? organization? How many affiliate provide support be sustained after —How will curriculum materials, lesson members are part of this organization funding has ended? learned and best practices be and where are they located? —How will promising practices of disseminated? —What is the relationship of the affiliates or members be disseminated national organization to its affiliates on an ongoing basis? —How do you plan to structure and or members? How does the plan an evaluation of your activities organization communicate with its Category Three: Provider of Technical and measure impact? (include data to members? What are examples of Assistance on Practice and Curriculum be collected) Materials and Creation of National technical assistance provided to local Signed at Washington, D.C., this 30th day affiliates or members? Clearinghouse of March, 2001. —What existing and new partnerships (1) Capability of the organization in Laura Cesario, will be utilized to increase the related areas. (30 points) Grant Officer. capacity of the organization to —What is the capacity of your implement apprenticeship programs? organization to undertake this effort? Appendix A (2) Soundness and quality of plan of —Organization experience: Does the Application for Federal Assistance (Standard activity. (35 points) organization have experience in Form 424) providing related training for —Delineate the specific activities Appendix B proposed to support the development apprenticeship and/or youth of registered apprenticeship programs development programs? Budget Information Form and their time lines. (address —Provide evidence of staff experience Appendix C reasonableness of time lines in adult learning and youth presented) development. TEIN No. 8–00 (includes Vision Paper and —Outline strategies to mobilize interest (2) Experience of the organization in OJT and Related Instruction) among affiliates (beyond delivering technical assistance. (35 dissemination efforts) and replicate points Appendix D Youth Development Practitioner —What course materials and curriculum Cover Sheet apprenticeship programs? are available for dissemination? Do BILLING CODE 4510–30–P
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[FR Doc. 01–8283 Filed 4–3–01; 8:45am] BILLING CODE 4510–30–C
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MEDICARE PAYMENT ADVISORY ADDRESSES: National Aeronautics and Reasons for Closing: The proposals being COMMISSION Space Administration, 300 E Street, reviewed include information of a SW., Room 6H46, Washington, DC proprietary or confidential nature, including Commission Meeting technical information, financial data, such as 20546. Attendees must check in at the salaries; and personal information Security Desk to be cleared to the 6th AGENCY: Medicare Payment Advisory concerning individuals associated with the Commission. floor conference room. proposals. These matters are exempt under 5 FOR FURTHER INFORMATION CONTACT: Ms. U.S.C. 552b(c)(4) and (6) of the Government ACTION: Notice of meeting. Beverly Farmarco, Code ZC, National in the Sunshine Act. SUMMARY: The Commission will hold its Aeronautics and Space Administration, Dated: March 30, 2001. next public meeting on Thursday, April Washington, DC 20546, 202/358–1903. Susanne Bolton, 12, 2001, and Friday, April 13, 2001, at SUPPLEMENTARY INFORMATION: The Committee Meeting Officer. the Ronald Reagan Building, meeting will be open to the public up [FR Doc. 01–8249 Filed 4–3–01; 8:45 am] International Trade Center, 1300 to the seating capacity of the room. The BILLING CODE 7555–01–M Pennsylvania Avenue, NW., agenda for the meeting is as follows: Washington, DC. The meeting is —Presentation by AIAA tentatively scheduled to begin at 10 a.m. —Presentation by Chip Forbes of C. NUCLEAR REGULATORY on April 12, and at 9 a.m. on April 13. Forbes, Inc. COMMISSION Topics for discussion include: —Status report of actions Medicare in rural areas; quality of care —Results of the Survey Letter to the Agency Information Collection in rural areas; payment provisions for Commissioners Activities: Proposed Collection; inpatient hospital care in rural areas; It is imperative that the meeting be Comment Request home health services in rural areas; held on this date to accommodate the Medicare payments for nursing and AGENCY: U. S. Nuclear Regulatory scheduling priorities of the key Commission (NRC). allied health programs; access to care in participants. Visitors will be requested ACTION: rural areas; assessing outpatient to sign a visitor’s register. Notice of the OMB review of prospective payment system for quality information collection and solicitation and access; payment for hospital March 27, 2001. of public comment. outpatient services in rural areas; Beth M. McCormick, SUMMARY: The NRC has recently Medicare+Choice in rural America; Advisory Committee Management Officer, National Aeronautics and Space submitted to OMB for review the payments to skilled nursing facilities in following proposal for the collection of Alaska and Hawaii; and payment update Administration. [FR Doc. 01–8229 Filed 4–3–01; 8:45 am] information under the provisions of the for physician services. Paperwork Reduction Act of 1995 (44 Agendas will be mailed on April 3, BILLING CODE 7510–01–P U.S.C. Chapter 35). 2001. The final agenda will be available 1. Type of submission, new, revision, on the Commission’s website or extension: Extension. (www.MedPAC.gov) NATIONAL SCIENCE FOUNDATION 2. The title of the information ADDRESSES: MedPAC’s address is 1730 Advisory Panel for Neuroscience; collection: K Street, NW., Suite 800, Washington, Notice of Meeting [3150–0164] NRC Forms 540 and 540A, DC 20006. The telephone number is ‘‘Uniform Low-Level Radioactive (202) 653–7220. In accordance with the Federal Waste Manifest (Shipping Paper) FOR FURTHER INFORMATION CONTACT: Advisory Committee Act (Pub. L. 92– and Continuation Page’’ Diane Ellison, Office Manager, (202) 463, as amended), the National Science [3150–0166] NRC Forms 541 and 541A, 653–7220. Foundation announces the following ‘‘Uniform Low-Level Radioactive meeting: Waste Manifest, Container and Murray N. Ross, Name: Advisory Panel for Neuroscience Waste Description, and Executive Director. (1158). Continuation Page’’ [FR Doc. 01–8205 Filed 4–3–01; 8:45 am] Date and Time: April 19–20, 2000; 8 a.m. [3150–0165] NRC Forms 542 and 542A, BILLING CODE 6820–BW–M to 5 p.m. ‘‘Uniform Low-Level Radioactive Place: Room 680, 4201 Wilson Boulevard, Waste Manifest, Index and Regional Arlington, VA. Compact Tabulation’’ NATIONAL AERONAUTICS AND Type of Meeting: Part-Open. 3. The form number if applicable: SPACE ADMINISTRATION Contact Person: Dr. Soo-Siang Lim, NRC Forms 540, 540A, 541, 541A, 542, Program Director, Neuronal & Glial and 542A. [Notice (01–041)] Mechanisms; Division of Integrative Biology and Neuroscience, Suite 680, National 4. How often the collection is U.S. Centennial of Flight Commission Science Foundation, 4201 Wilson Blvd., required: Forms are used by shippers Arlington, VA 22230 Telephone: (703) 292– whenever radioactive waste is shipped. AGENCY: National Aeronautics and 8423. Quarterly reporting or less frequent is Space Administration. Purpose of Meeting: To provide advice and made to NRC depending on specific ACTION: Notice of meeting. recommendations concerning proposals license conditions. submitted to NSF for financial support. 5. Who will be required or asked to SUMMARY: In accordance with the Minutes: May be obtained from the contact report: All NRC-licensed low-level Federal Advisory Committee Act, Pub. person listed above. waste facilities. All generators, Agenda: OPEN SESSION: April 20, 2000; 5:00 L. 92–463, as amended, the National collectors, and processors of low-level Aeronautics and Space Administration p.m. to 6:00 p.m., to discuss goals and CLOSED SESSION: waste intended for disposal at a low- announces a meeting of the U.S. assessment procedures. April 19–20, 2000; 8:00 a.m. to 5:00 p.m. To level waste facility must complete the Centennial of Flight Commission. review and evaluate Neuronal & Glial appropriate forms. DATES: Wednesday, April 26, 2001, 1:00 Mechanisms proposals as part of the 6. An estimate of the number of p.m. to 3:30 p.m. selection process for awards. responses:
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NRC Form 540 and 540A: 13,400 Pike, Room O–1F23, Rockville, MD by members of the Subcommittee, its NRC Form 541 and 541A: 13,400 20852. OMB clearance requests are consultants, and staff. Persons desiring NRC Form 542 and 542A: 756 available at the NRC worldwide web to make oral statements should notify 7. The number of annual respondents: site: http://www.nrc.gov/NRC/PUBLIC/ the cognizant ACRS staff engineer NRC Form 540 and 540A: 2,500 OMB/index.html). The document will named below five days prior to the licensees be available on the NRC home page site meeting, if possible, so that appropriate NRC Form 541 and 541A: 2,500 for 60 days after the signature date of arrangements can be made. licensees this notice. During the initial portion of the NRC Form 542 and 542A: 22 licensees Comments and questions should be meeting, the Subcommittee, along with 8. An estimate of the total number of directed to the OMB reviewer by May 4, any of its consultants who may be hours needed annually to complete the 2001: Amy Farrell, Office of Information present, may exchange preliminary requirement or request: and Regulatory Affairs (3150–0164, views regarding matters to be NRC Form 540 and 540A: 2,238 (.2 0165, & 0166), NEOB–10202, Office of considered during the balance of the hours per response) Management and Budget, Washington, meeting. NRC Form 541 and 541A: 2,238 (.2 DC 20503. The Subcommittee will then hear hours per response) Comments can also be submitted by presentations by and hold discussions NRC Form 542 and 542A: 126 (.2 hours telephone at (202) 395–7318. with representatives of the NRC staff, per response) The NRC Clearance Officer is Brenda and other interested persons regarding Jo. Shelton, (301) 415–7233. 9. An indication of whether section this review. 3507(d), Pub. L. 104–13 applies: Not Dated at Rockville, Maryland, this 28th day Further information regarding topics applicable. of March 2001. to be discussed, whether the meeting 10. Abstract: NRC Forms 540, 541, For the Nuclear Regulatory Commission. has been canceled or rescheduled, and and 542, together with their Brenda Jo. Shelton, the Chairman’s ruling on requests for the opportunity to present oral continuation pages, designated by the NRC Clearance Officer, Office of the Chief ‘‘A’’ suffix, provide a set of standardized Information Officer. statements and the time allotted therefor can be obtained by contacting the forms to meet Department of [FR Doc. 01–8235 Filed 4–3–01; 8:45 am] cognizant ACRS staff engineer, Mr. Transportation (DOT), NRC, and State BILLING CODE 7590–01–P requirements. The forms were Michael T. Markley (telephone 301/ developed by NRC at the request of low- 415–6885) between 7:30 a.m. and 4:15 level waste industry groups. The forms NUCLEAR REGULATORY p.m. (EST). Persons planning to attend provide uniformity and efficiency in the COMMISSION this meeting are urged to contact the collection of information contained in above named individual one or two manifests which are required to control Advisory Committee on Reactor working days prior to the meeting to be transfers of low-level radioactive waste Safeguards Meeting of the ACRS advised of any potential changes to the intended for disposal at a land disposal Subcommittee on Reliability and agenda, etc., that may have occurred. facility. NRC Form 540 contains Probabilistic Risk Assessment; Notice Dated: March 29, 2001. information needed to satisfy DOT of Meeting James E. Lyons, shipping paper requirements in 49 CFR The ACRS Subcommittee on Associate Director for Technical Support, Part 172 and the waste tracking Reliability and Probabilistic Risk ACRS/ACNW. requirements of NRC in 10 CFR Part 20. Assessment will hold a meeting on [FR Doc. 01–8234 Filed 4–3–01; 8:45 am] NRC Form 541 contains information April 17, 2001, Room T–2B3, 11545 BILLING CODE 7590–01–P needed by disposal site facilities to Rockville Pike, Rockville, Maryland. safely dispose of low-level waste and The entire meeting will be open to information to meet NRC and State public attendance. NUCLEAR REGULATORY requirements regulating these activities. The agenda for the subject meeting COMMISSION NRC Form 542, completed by waste shall be as follows: collectors or processors, contains Biweekly Notice; Applications and information which facilitates tracking Tuesday, April 17, 2001–8:30 a.m. Until Amendments to Facility Operating the identity of the waste generator. That the Conclusion of Business Licenses Involving No Significant tracking becomes more complicated The Subcommittee will discuss the Hazards Considerations when the waste forms, dimensions, or results of the staff’s Phase 1 I. Background packagings are changed by the waste development of risk-based performance processor. Each container of waste indicators for reactors, and related Pursuant to Public Law 97–415, the shipped from a waste processor may matters. The purpose of this meeting is U.S. Nuclear Regulatory Commission contain waste from several different to gather information, analyze relevant (the Commission or NRC staff) is generators. The information provided on issues and facts, and to formulate publishing this regular biweekly notice. NRC Form 542 permits the States and proposed positions and actions, as Public Law 97–415 revised section 189 Compacts to know the original appropriate, for deliberation by the full of the Atomic Energy Act of 1954, as generators of low-level waste, as Committee. amended (the Act), to require the authorized by the Low-Level Oral statements may be presented by Commission to publish notice of any Radioactive Waste Policy Amendments members of the public with the amendments issued, or proposed to be Act of 1985, so they can ensure that concurrence of the Subcommittee issued, under a new provision of section waste is disposed of in the appropriate Chairman; written statements will be 189 of the Act. This provision grants the Compact. accepted and made available to the Commission the authority to issue and A copy of the final supporting Committee. Electronic recordings will make immediately effective any statement may be viewed free of charge be permitted only during those portions amendment to an operating license at the NRC Public Document Room, One of the meeting that are open to the upon a determination by the White Flint North, 11555 Rockville public, and questions may be asked only Commission that such amendment
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involves no significant hazards Commission, Washington, DC 20555– petitioner’s interest. The petition should consideration, notwithstanding the 0001, and should cite the publication also identify the specific aspect(s) of the pendency before the Commission of a date and page number of this Federal subject matter of the proceeding as to request for a hearing from any person. Register notice. Written comments may which petitioner wishes to intervene. This biweekly notice includes all also be delivered to Room 6D22, Two Any person who has filed a petition for notices of amendments issued, or White Flint North, 11545 Rockville leave to intervene or who has been proposed to be issued from March 12 Pike, Rockville, Maryland from 7:30 admitted as a party may amend the through March 23, 2001. The last a.m. to 4:15 p.m. Federal workdays. petition without requesting leave of the biweekly notice was published on Copies of written comments received Board up to 15 days prior to the first March 21, 2001 (66 FR 15915). may be examined at the NRC Public prehearing conference scheduled in the Notice of Consideration of Issuance of Document Room, located at One White proceeding, but such an amended Amendments to Facility Operating Flint North, 11555 Rockville Pike (first petition must satisfy the specificity Licenses, Proposed No Significant floor), Rockville, Maryland 20852. The requirements described above. Hazards Consideration Determination, filing of requests for a hearing and Not later than 15 days prior to the first and Opportunity For a Hearing petitions for leave to intervene is prehearing conference scheduled in the discussed below. proceeding, a petitioner shall file a The Commission has made a By May 4, 2001, the licensee may file supplement to the petition to intervene proposed determination that the a request for a hearing with respect to which must include a list of the following amendment requests involve issuance of the amendment to the contentions which are sought to be no significant hazards consideration. subject facility operating license and litigated in the matter. Each contention Under the Commission’s regulations in any person whose interest may be must consist of a specific statement of 10 CFR 50.92, this means that operation affected by this proceeding and who the issue of law or fact to be raised or of the facility in accordance with the wishes to participate as a party in the controverted. In addition, the petitioner proposed amendment would not (1) proceeding must file a written request shall provide a brief explanation of the involve a significant increase in the for a hearing and a petition for leave to bases of the contention and a concise probability or consequences of an intervene. Requests for a hearing and a statement of the alleged facts or expert accident previously evaluated; or (2) petition for leave to intervene shall be create the possibility of a new or opinion which support the contention filed in accordance with the and on which the petitioner intends to different kind of accident from any Commission’s ‘‘Rules of Practice for accident previously evaluated; or (3) rely in proving the contention at the Domestic Licensing Proceedings’’ in 10 hearing. The petitioner must also involve a significant reduction in a CFR Part 2. Interested persons should margin of safety. The basis for this provide references to those specific consult a current copy of 10 CFR 2.714 sources and documents of which the proposed determination for each which is available at the Commission’s amendment request is shown below. petitioner is aware and on which the Public Document Room, located at One petitioner intends to rely to establish The Commission is seeking public White Flint North, 11555 Rockville Pike those facts or expert opinion. Petitioner comments on this proposed (first floor), Rockville, Maryland 20852. must provide sufficient information to determination. Any comments received Publicly available records will be show that a genuine dispute exists with within 30 days after the date of accessible and electronically from the the applicant on a material issue of law publication of this notice will be ADAMS Public Library component on or fact. Contentions shall be limited to considered in making any final the NRC Web site, http://www.nrc.gov matters within the scope of the determination. (the Electronic Reading Room). If a amendment under consideration. The Normally, the Commission will not request for a hearing or petition for contention must be one which, if issue the amendment until the leave to intervene is filed by the above proven, would entitle the petitioner to expiration of the 30-day notice period. date, the Commission or an Atomic However, should circumstances change Safety and Licensing Board, designated relief. A petitioner who fails to file such during the notice period such that by the Commission or by the Chairman a supplement which satisfies these failure to act in a timely way would of the Atomic Safety and Licensing requirements with respect to at least one result, for example, in derating or Board Panel, will rule on the request contention will not be permitted to shutdown of the facility, the and/or petition; and the Secretary or the participate as a party. Commission may issue the license designated Atomic Safety and Licensing Those permitted to intervene become amendment before the expiration of the Board will issue a notice of a hearing or parties to the proceeding, subject to any 30-day notice period, provided that its an appropriate order. limitations in the order granting leave to final determination is that the As required by 10 CFR 2.714, a intervene, and have the opportunity to amendment involves no significant petition for leave to intervene shall set participate fully in the conduct of the hazards consideration. The final forth with particularity the interest of hearing, including the opportunity to determination will consider all public the petitioner in the proceeding, and present evidence and cross-examine and State comments received before how that interest may be affected by the witnesses. action is taken. Should the Commission results of the proceeding. The petition If a hearing is requested, the take this action, it will publish in the should specifically explain the reasons Commission will make a final Federal Register a notice of issuance why intervention should be permitted determination on the issue of no and provide for opportunity for a with particular reference to the significant hazards consideration. The hearing after issuance. The Commission following factors: (1) The nature of the final determination will serve to decide expects that the need to take this action petitioner’s right under the Act to be when the hearing is held. will occur very infrequently. made a party to the proceeding; (2) the If the final determination is that the Written comments may be submitted nature and extent of the petitioner’s amendment request involves no by mail to the Chief, Rules Review and property, financial, or other interest in significant hazards consideration, the Directives Branch, Division of Freedom the proceeding; and (3) the possible Commission may issue the amendment of Administrative Services, Office of effect of any order which may be and make it immediately effective, Administration, U.S. Nuclear Regulatory entered in the proceeding on the notwithstanding the request for a
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hearing. Any hearing held would take The Reactor Core Isolation Cooling (RCIC) designed to provide core cooling for a wide place after issuance of the amendment. System is designed to operate either range of reactor pressures, from 150 psig to If the final determination is that the automatically or manually following reactor 1200 psig. The proposed change to TS SR pressure vessel (RPV) isolation accompanied 3.5.3.3 to allow the RCIC System high amendment request involves a by a loss of coolant flow from the feedwater pressure test to be performed at a higher significant hazards consideration, any system to provide adequate core cooling and pressure (i.e., less than or equal to 1045 psig) hearing held would take place before control of RPV water level. The RCIC System is consistent with the current design and the issuance of any amendment. is also designed to provide core cooling for licensing basis for the RCIC system. Since the A request for a hearing or a petition a wide range of reactor pressures, from 150 test at the higher reactor pressure will for leave to intervene must be filed with pounds per square inch gage (psig) to 1200 continue to provide reasonable assurance the Secretary of the Commission, U.S. psig. The proposed change to the Technical that the RCIC System will perform its intended safety function when called upon Nuclear Regulatory Commission, Specifications (TS) Section 3.5.3, ‘‘RCIC System,’’ Surveillance Requirement (SR) during an accident or transient, the proposed Washington, DC 20555–0001, Attention: 3.5.3.3 to allow the RCIC system high change will not involve a significant Rulemaking and Adjudications Branch, pressure test to be performed at a higher reduction in the margin of safety. or may be delivered to the reactor pressure (i.e., less than or equal to The NRC staff has reviewed the Commission’s Public Document Room, 1045 psig) is consistent with the current licensee’s analysis and, based on this design and licensing basis for the RCIC located at One White Flint North, 11555 review, it appears that the three Rockville Pike (first floor), Rockville, system. The change to the upper pressure limit for the conduct of this SR will not standards of 10 CFR 50.92(c) are Maryland 20852, by the above date. A satisfied. Therefore, the NRC staff copy of the petition should also be sent adversely impact the performance characteristics of any structure, system, or proposes to determine that the to the Office of the General Counsel, component that is assumed to initiate a amendment request involves no U.S. Nuclear Regulatory Commission, previously evaluated accident. Therefore, the significant hazards consideration. Washington, DC 20555–0001, and to the proposed change will not result in an Attorney for licensee: Kevin P. Gallen, attorney for the licensee. increase in the probability of an accident Morgan, Lewis & Bockius, LLP, 1800 M Nontimely filings of petitions for previously evaluated. Street, NW, Washington, DC 20036– leave to intervene, amended petitions, The proposed change to the TS SR will not 5869. supplemental petitions and/or requests result in reduced performance or effectiveness of the reactor coolant pressure NRC Section Chief: Anthony J. for a hearing will not be entertained Mendiola. absent a determination by the boundary and therefore will not have an adverse impact on any barriers. As such, the AmerGen Energy Company, LLC, et al., Commission, the presiding officer or the RCIC System will still be capable of Atomic Safety and Licensing Board that Docket No. 50–219, Oyster Creek performing its transient and accident Nuclear Generating Station, Ocean the petition and/or request should be mitigation function as assumed in the granted based upon a balancing of accident analysis. On this basis, the County, New Jersey factors specified in 10 CFR consequences of any accident previously Date of amendment request: 2.714(a)(1)(i)-(v) and 2.714(d). evaluated are not affected by the proposed December 29, 2000. For further details with respect to this change. Description of amendment request: action, see the application for Based on the above, the proposed change The proposed amendment would revise does not involve a significant increase in the the offsite power sources identified in amendment which is available for probability or consequences on any accident public inspection at the Commission’s previously evaluated. Technical Specification (TS) 3.7.A.3 to Public Document Room,located at One (2) The proposed change would not create remove one listed source and add a White Flint North, 11555 Rockville Pike the possibility of a new or different kind of different source. In addition, the bases (first floor), Rockville, Maryland 20852. accident from any accident previously would be revised to reflect the Publicly available records will be evaluated. availability of the offsite sources and accessible and electronically from the (2) The proposed change to the TS SR to also be revised administratively for ADAMS Public Library component on allow the RCIC System high pressure test to minor changes. the NRC Web site, http://www.nrc.gov be performed at a higher reactor pressure Basis for proposed no significant (i.e., less than or equal to 1045 psig) is (the Electronic Reading Room). hazardsconsideration determination: As consistent with the current design and required by 10 CFR 50.91(a), the AmerGen Energy Company, LLC, Docket licensing basis for the RCIC system. The proposed change will not change the method licensee has provided its analysis of the No. 50–461, Clinton Power Station, Unit issue of no significant hazards 1, DeWitt County, Illinois for performing the test and the revised test pressure is within the current operating consideration, which is presented Date of amendment request: March 1, design basis of the plant. Since the proposed below: 2001. test pressure is within the design basis for the The proposed amendment does not: Description of amendment request: reactor and the RCIC System, performing the (1) Involve a significant increase in the The proposed amendment would SR at the new pressure will not prevent the probability or consequences of an accident increase the reactor core isolation RCIC System from performing its required previously evaluated. function or result in a failure of the reactor cooling system surveillance test upper The proposed change to the Technical coolant pressure boundary. As such, the Specifications involves the removal of the pressure limit from 1020 psig to 1045 proposed change will not create the 230 kV line from TS 3.7.A.3.a and addition psig. possibility of a new or different kind of of the 69 kV Sands Point line in its place. Basis for proposed no significant accident from any accident previously This ensures that two active offsite power hazards consideration determination: evaluated. sources are connected to the plant to support As required by 10 CFR 50.91(a), the (3) The proposed change will not involve plant operation. Two 230 kV lines licensee has provided its analysis of the a significant reduction in the margin of (considered one active power source), 34.5 issue of no significant hazards safety. kV line Q121 and the 69 kV Sands Point line The RCIC System is designed to operate consideration which is presented below: will be normally maintained as active either automatically or manually following sources. Utility system operators will connect (1) The proposed change does not involve RPV isolation accompanied by a loss of the Z52 line under certain grid conditions, a significant increase in the probability or coolant flow from the feedwater system to which provides a backup to the normally consequences of any accident previously provide adequate core cooling and control of available sources and improves offsite power evaluated. RPV water level. The RCIC System is also reliability.
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Since the number of normally available and are therefore considered as a single reactor not critical). These operability active offsite power sources is maintained at active source. Analyses have concluded that requirements for the safeguards equipment three, the probability of occurrence of a loss sufficient capacity and capability of offsite meet the assumptions utilized in the IP2 of offsite power is not adversely impacted power is available when TS 3.7.A.2 and [Indian Point Unit 2] safety analyses and, and, therefore, the proposed change does not 3.7.A.3 are met. Therefore, this change does therefore, will not result in a change in the significantly increase the probability of not involve a significant reduction in the consequences of the accident analyses. occurrence of an accident previously margin of safety. Additionally, the affected safeguards evaluated. The NRC staff has reviewed the equipment is not an initiator for any accident Voltage analyses and voltage regulation previously analyzed for IP2. The proposed studies have reviewed various degraded grid licensee’s analysis and, based on this changes do not result in a change to the and plant operating scenarios. Degraded grid review, it appears that the three design or operation of the safeguards studies have considered single contingency standards of 10 CFR 50.92(c) are equipment but extends the plant conditions events, such as loss of transmission lines or satisfied. Therefore, the NRC staff under which this equipment will be required transformers, and various plant outages, proposes to determine that the to be operable. minimum Technical Specification conditions amendment request involves no Therefore, there is no increase in the and local system blackouts. Voltage significant hazards consideration. probability or in the consequences of an regulation studies have considered various Attorney for licensee: Kevin P. Gallen, accident previously evaluated. plant operating modes such as normal 2. Does the proposed amendment create operation, accident motor starting and Morgan, Lewis & Bockius, LLP, 1800 M Street, NW., Washington, DC 20036– the possibility of a new or different kind of loading and shutdown conditions. The accident from any accident previously studies have concluded that adequate voltage 5869. evaluated? will be available to safety-related electrical NRC Section Chief: Marsha The proposed changes involve revising the loads under all of the plant operating modes. Gamberoni. TS applicability for certain safeguards Therefore, the consequences of any accident equipment and associated auxiliary electrical will not change since the operation of safety- Consolidated Edison Company of New York, Docket No. 50–247, Indian Point systems to require this equipment to be related systems are not affected by the change operable with average reactor coolant in offsite power sources. For a complete loss Nuclear Generating Unit No. 2, temperature above 350 °F. The proposed of offsite power, the standby diesel Westchester County, New York changes do not involve a change to the generators are relied upon to provide Date of amendment request: February design or operation of any plant system or electrical power to safety systems. Since the 27, 2001. equipment. The result of the proposed proposed change to Technical Specification change is an increased range of operating 3.7.A.3 does not affect the operability of the Description of amendment request: The proposed amendment would revise conditions under which the safeguards standby diesel generators, the consequences equipment will be required to be operable. of a loss of offsite power are unchanged. Technical Specification (TS) 3.3, Therefore, the proposed changes do not Therefore, there is no significant increase in ‘‘Engineered Safety Features,’’ and TS create the possibility of a new or different the consequences of an accident previously 3.7, ‘‘Auxiliary Electrical Systems,’’ to kind of accident from any accident evaluated. change the mode applicability for previously evaluated. (2) Create the possibility of a new or certain systems from the point of time 3. Does the proposed amendment involve different kind of accident from any accident when the reactor is made critical to a significant reduction in a margin of safety? previously evaluated. when the average reactor coolant The proposed changes reflect the The proposed change to Technical ° assumptions for safeguards equipment Specification 3.7.A.3 adds a new offsite temperature is heated above 350 F. The amendment would also change the operability assumed in the steam line break power source (69 kV Sands Point line) and accident analyses. These changes ensure that removes the second 230 kV line as an associated action that must be taken the affected TS reflect the assumptions of the additional source since it is not separate from when the TS conditions cannot be met safety analyses but do not result in a change the other 230 kV line. Therefore, the to require a plant cooldown to below to any of the safety analyses or any margin proposed change involves the availability of 350 °F. In addition, the associated TS of safety. offsite power connections to the plant. A statements that incorrectly refer to potential loss of offsite power is already The NRC staff has reviewed the ‘‘power operation’’ and ‘‘normal reactor licensee’s analysis and, based on this evaluated and the standby diesel generators operation’’ for these TSs are proposed to are relied upon to provide power to accident review, it appears that the three be corrected. The proposed amendment mitigation and safe shutdown equipment in standards of 10 CFR 50.92(c) are the event all offsite power is lost. Therefore, would also revise the applicable TS satisfied. Therefore, the NRC staff the proposed change to available offsite Bases sections and make some minor proposes to determine that the power sources does not create the possibility formatting and editorial changes. amendment request involves no Basis for proposed no significant of a new or different kind of accident from significant hazards consideration. any accident previously evaluated. hazards consideration determination: Attorney for licensee: Brent L. (3) Involve a significant reduction in a As required by 10 CFR 50.91(a), the Brandenburg, Esq., 4 Irving Place, New margin of safety. licensee has provided its analysis of the Technical Specification 3.7.A.3 requires York, New York 10003. issue of no significant hazards NRC Section Chief: Marsha two offsite power lines to be fully operational consideration, which is presented for plant start-up and operation. The Gamberoni. below: proposed change to the Technical Consumers Energy Company, Docket Specifications involves the removal of the 1. Does the proposed license amendment 230 kV line from TS 3.7.A.3.a and addition involve a significant increase in the No. 50–255, Palisades Plant, Van Buren of the 69 kV Sands Point line in its place. probability or in the consequences of an County, Michigan This ensures that two active offsite power accident previously evaluated? Date of amendment request: January sources are connected to the plant to support The proposed changes consist of revisions 30, 2001. plant operation. Two 230 kV lines to the TS requirements for certain safeguards Description of amendment request: (considered one active power source), 34.5 equipment and associated auxiliary electrical The proposed amendment would make kV line Q121 and the 69 kV Sands Point line equipment to reflect the requirements of the will be normally maintained as active steam line break analyses. The result of these two changes to reporting requirements sources. The removal of the second 230 kV changes will be that these safeguards systems in Facility Operating License DPR–20. line from TS 3.7.A.3.a has no impact on will be required to be operable for additional First, the requirement in Section available active sources since the [sic] both plant conditions (with average reactor 2.C.(3)b that ‘‘All changes in the 230 kV lines are routed on the same towers coolant temperature above 350 °F and the approved [Fire Protection] program
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shall be reported annually, along with c. Involve a significant reduction in the 1. The proposed change does not involve the FSAR [Final Safety Analysis Report] margin of safety. a significant increase in the probability or revision * * *’’ would be changed to Two changes are proposed; both deal consequences of an accident previously state ‘‘All changes to the approved solely with clarification of reporting evaluated. requirements contained in the Facility The probability of an evaluated accident is program shall be reported along with Operating License. Since these changes have derived from the probabilities of individual the FSAR revision as required by 10 no effect on the physical plant or its precursors to that accident. The CFR 50.71(e) * * *’’ Secondly, a change operation, they cannot involve a significant consequences of an evaluated accident are would be made to Section 2.F, which reduction in a margin of safety. determined by the operability of facility currently states: Therefore, the proposed change to the systems and the ability of plant personnel to mitigate those consequences. Except as otherwise provided in the Technical Specifications [sic, Facility Confinement of all radioactive materials at Technical Specifications or Environmental Operating License] would not involve a the Energy Northwest ISFSI is provided by Protection Plan, the licensee shall report any significant reduction in a margin of safety. the required use of certified spent fuel violations of the requirements contained in The NRC staff has reviewed the storage casks in accordance with 10 CFR Section 2.C of this license in the following licensee’s analysis and, based on this 72.214. The design objective of NRC certified manner: initial notification shall be made review, it appears that the three spent fuel storage casks is to provide a within 24 hours to the NRC Operations confinement boundary that ensures there are Center via the Emergency Notification standards of 10 CFR 50.92(c) are no credible design basis events resulting in System with written follow-up within 30 satisfied. Therefore, the NRC staff unacceptable radiological releases to the days in accordance with the procedures proposes to determine that the environment. In addition, these spent fuel described in 50.73(b), (c), and (e). amendment request involves no storage casks are to be located within the The revised Section 2.F would state: significant hazards consideration. confines of the Energy Northwest ISFSI Attorney for licensee: Arunas T. which is designed as a protected area. The licensee shall report any violations of Udrys, Esquire, Consumers Energy Section 2.C(1) of this license within 24 hours Since the design objective of the spent fuel to the NRC Operations Center via the Company, 212 West Michigan Avenue, storage cask has not been altered, there is no Emergency Notification System with written Jackson, Michigan 49201. increase in individual precursors of an follow-up within 60 days in accordance with NRC Section Chief: Claudia M. Craig. accident and the probability of an evaluated 10 CFR 50.73(b), (c), and (e). accident is not increased. The spent fuel Energy Northwest, Docket No. 50–397, casks stored at the Energy Northwest ISFSI Basis for proposed no significant Columbia Generating Station, Benton will be inside a new fenced protected area hazards consideration determination: County, Washington with access requirements, detection aids, As required by 10 CFR 50.91(a), the alarm devices, communication requirements, Date of amendment request: February licensee has provided its analysis of the and observational capabilities commensurate 20, 2001. issue of no significant hazards with the activity of passive dry cask spent consideration, which is presented Description of amendment request: fuel storage that meet or exceed the criteria specified under 10 CFR 73.51. Since the below: The licensee is proposing to add a new chapter to the Columbia Generating Energy Northwest ISFSI physical security The following evaluation supports the Station Physical Security Plan program will provide a high degree of finding that operation of the facility in pertaining to the Independent Spent assurance that activities involving spent accordance with the proposed changes would Fuel Storage Installation (ISFSI) security nuclear fuel do not constitute an not: unreasonable risk, the consequences of an a. Involve a significant increase in the requirements. Specifically, the licensee accident previously evaluated are not probability or consequences of an accident proposes the following changes expected to increase. previously evaluated. regarding the ISFSI: (1) Illumination 2. The proposed change does not create the Two changes are proposed; both deal will be sufficient to permit adequate possibility of a new or different kind of solely with clarification of reporting assessment of unauthorized accident from any accident previously requirements contained in the Facility penetrations or activities within the evaluated. Operating License. Since these changes have protected area, (2) personnel access will Creation of the possibility of a new or no effect on the physical plant or its be controlled by a key and lock system different kind of accident would require the operation, they cannot involve a significant administered by the security force, (3) creation of one or more new precursors of increase in the probability or consequences that accident. New accident precursors may of an accident previously evaluated. personnel identification will be by be created by modifications of facility Therefore, operation of the facility in visual identification using plant access configuration, including changes in accordance with the proposed changes to the picture badges and an ISFSI allowable modes of operation or the potential Facility Operating License would not involve authorization list, (4) no vehicle barrier for new or different personnel errors. a significant increase in the probability or around the perimeter of the ISFSI, (5) The proposed license amendment does not consequences of an accident previously response time for valid alarms that only alter the design objective of NRC certified evaluated. needs to be sufficient to assess the spent fuel storage casks. This license b. create the possibility of a new or situation and the further need for amendment request does not involve any different kind of accident from any corrective actions, and (6) secondary modifications of the spent fuel storage casks previously evaluated. or allowable modes of operation and no Two changes are proposed; both deal power supply for alarm annunciator potential exists for the creation of personnel solely with clarification of reporting equipment and non-portable errors that might be new accident precursors. requirements contained in the Facility communications equipment will have Thus, no new precursors of an accident are Operating License. Since these changes have secondary power from an created and there is not a possibility of a new no effect on the physical plant or its uninterruptible power supply not in the or different kind of accident. operation, they cannot create the possibility vital area. 3. The proposed change does not involve of a new or different kind of accident from Basis for proposed no significant a significant reduction in a margin of safety. any previously evaluated. hazards consideration determination: Confinement of all radioactive materials Therefore, operation of the facility in and substantial physical protection of the accordance with the proposed change to the As required by 10 CFR 50.91(a), the spent nuclear fuel is accomplished by the Technical Specifications [sic, Facility licensee has provided its analysis of the required use of an NRC certified spent fuel Operating License] would not create the issue of no significant hazards storage cask as provided by Certificate of possibility of a new or different kind of consideration, which is presented Compliance listed under 10 CFR 72.214. The accident from any previously evaluated. below: spent fuel casks stored in the Energy
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Northwest ISFSI will be inside a new coolant accident (LOCA). The changes do not Description of amendment request: protected area with access requirements, make any physical changes to the facility The licensee requests allowing a one- detection aids, alarm devices, design, material, or construction standards. time interval extension for the Crystal communication requirements, and The probability of any design basis accident River Unit 3 (CR–3) Type A, Integrated observational capabilities that meet or exceed (DBA) is not affected by these changes, nor the criteria specified in 10 CFR 73.51 for are the consequences of any DBA affected by Leakage Rate Test (ILRT) for no more spent fuel stored under a specific license. these changes. The proposed changes are not than 6 years. Since the Energy Northwest ISFSI will considered to be an initiator or contributor to Basis for proposed no significant provide a high degree of assurance that any accident currently evaluated in the hazards consideration determination: activities involving spent nuclear fuel do not Turkey Point Updated Final Safety Analysis As required by 10 CFR 50.91(a), the constitute an unreasonable risk, there is not Report (UFSAR). Based on the above, Florida licensee has provided its analysis of the a significant reduction in the margin of Power and Light Company concludes that the issue of no significant hazards safety. proposed amendments do not involve a consideration, which is presented The NRC staff has reviewed the significant increase in the probability or below: licensee’s analysis and, based on this consequences of any accident previously evaluated. 1. Does not involve a significant increase review, it appears that the three (2) Operation of the facility in accordance in the probability or consequences of an standards of 10 CFR 50.92(c) are with the proposed amendments would not accident previously analyzed. satisfied. Therefore, the NRC staff create the possibility of a new or different The proposed revision to the CR–3 proposes to determine that the kind of accident from any previously [Improved Technical Specifications] ITS amendment request involves no evaluated. adds a one-time extension to the current significant hazards consideration. The Rod Cluster Control Assembly (RCCA) interval for Type A testing. The current test Attorney for licensee: Thomas C. drop test is routinely performed each interval of 10 years, would be extended on Poindexter, Esq., Winston & Strawn, refueling. Decreasing the test temperature a one-time basis to 16 years from the last Type A test. The proposed extension to Type 1400 L Street, N.W., Washington, D.C. will not create the possibility of a new or different accident. The proposed test A testing cannot increase the probability of 20005–3502. an accident previously evaluated since the NRC Section Chief: Stephen Dembek. conditions remain bounded by the analysis of record since the RCCA drop time assumption containment Type A testing extension is not Florida Power and Light Company, in the UFSAR accident analysis will not be a modification to plant systems, nor a change Docket Nos. 50–250 and 50–251, Turkey changed. Since no new failure modes are to plant operation that could initiate an associated with the proposed changes, the accident. The proposed extension to Type A Point Plant, Units 3 and 4, Miami-Dade testing does not involve a significant increase County, Florida proposed amendments do not create the possibility of a new or different kind of in the consequences of an accident since Date of amendment request: March accident from any previously evaluated. research documented in NUREG–1493 found 12, 2001. (3) Operation of the facility in accordance that, generically, very few potential Description of amendment request: with the proposed amendments would not containment leakage paths fail to be The proposed amendment would involve a significant reduction in a margin of identified by Type B and C tests. In fact, an modify Technical Specification 3.1.3.4a safety. analysis of 144 ILRT results, including 23 These Technical Specification changes do failures, found that no failures were due to to reduce the minimum requirement for containment liner breach. The NUREG average reactor coolant temperature not involve a significant reduction in margin since the acceptance criterion for RCCA drop concluded that reducing the Type A (ILRT) during the rod cluster control assembly time will not change. The proposed changes testing frequency to one per twenty years (RCCA) drop test from greater than or will reduce the minimum RCCA rod drop test would lead to an imperceptible increase in equal to 541°F to greater than or equal temperature from greater than or equal to risk. CR–3 provides a high degree of to 500°F. RCCA drop tests are required 541°F to greater than or equal to 500°F. This assurance through testing and inspection that prior to reactor criticality: (1) For all will slightly increase the test drop time, but the containment will not degrade in a rods, following each removal of the will be well within the current Technical manner detectable only by Type A testing. reactor vessel head, (2) for specifically Specifications limit of 2.4 seconds. Inspections required by the Maintenance Therefore, the margin to safety as defined by Rule and American Society of Mechanical affected individual rods, following Engineers (ASME) code are performed in maintenance work which could affect Technical Specifications acceptance criterion is not impacted by the proposed order to identify indications of containment the drop times of those specific rods, amendments. degradation that could affect leak tightness. and (3) at least every 18 months. Type B and C testing required by the CR–3 Basis for proposed no significant The NRC staff has reviewed the ITS will identify any containment opening, hazards consideration determination: licensee’s analysis and, based on this such as valves, that would otherwise be As required by 10 CFR 50.91(a), the review, it appears that the three detected by the Type A tests. These factors licensee has provided its analysis of the standards of 50.92(c) are satisfied. show that a CR–3 Type A test extension will issue of no significant hazards Therefore, the NRC staff proposes to not represent a significant increase in the consequences of an accident. consideration, which is presented determine that the amendment request involves no significant hazards 2. Does not create the possibility of a new below: or different kind of accident from any consideration. (1) Operation of the facility in accordance accident previously analyzed. with the proposed amendments would not Attorney for licensee: M.S. Ross, The proposed extension to Type A testing involve a significant increase in the Attorney, Florida Power & Light, P.O. cannot create the possibility of a new or probability or consequences of an accident Box 14000, Juno Beach, Florida 33408– different type of accident since there are no previously evaluated. 0420. physical changes being made to the plant. The probability of occurrence of an NRC Section Chief: Richard P. There are no changes to the operation of the accident previously evaluated for Turkey Correia. plant that could introduce a new failure Point is not altered by the proposed mode creating the possibility of a new or amendments to the Technical Specifications. Florida Power Corporation, et al., different kind of accident. The proposed changes do not impact the Docket No. 50–302, Crystal River Unit 3. Does not involve a significant reduction integrity of the reactor coolant system No. 3 Nuclear Generating Plant, Citrus in the margin of safety. pressure boundary (i.e., no change in County, Florida The proposed extension to Type A testing operating pressure, materials, seismic will not significantly reduce the margin of loading, etc.) and therefore do not increase Date of amendment request: March 7, safety. The NUREG–1493 generic study of the the potential for the occurrence of a loss of 2001. effects of extending containment leakage
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testing found that a 20 year extension in Basis for proposed no significant Pacific Gas and Electric Company, Type A leakage testing resulted in an hazards consideration determination: Docket Nos. 50–275 and 50–323, Diablo imperceptible increase in risk to the public. As required by 10 CFR 50.91(a), the Canyon Nuclear Power Plant, Unit Nos. NUREG–1493 found that, generically, the licensee has provided its analysis of the 1 and 2, San Luis Obispo County, design containment leakage rate contributes a very small amount to the individual risk, issue of no significant hazards California and that the decrease in Type A testing consideration. The NRC staff reviewed Date of amendment requests: June 8, frequency would have a minimal affect on the licensee’s analysis against the three 2000, as supplemented by letter dated this risk since most potential leakage paths standards of 10 CFR 50.92(c). The NRC January 4, 2001. are detected by Type C testing. staff’s analysis is presented below: Description of amendment requests: The NRC staff has reviewed the The first standard requires that operation The proposed license amendments licensee’s analysis and, based on this of the unit in accordance with the proposed would revise Section 3.5.5, ‘‘Emergency review, it appears that the three amendment will not involve a significant Core Cooling Systems—Seal Injection standards of 50.92(c) are satisfied. increase in the probability or consequences Flow,’’ of the improved Technical of an accident previously evaluated. The Therefore, the NRC staff proposes to Specifications to replace the description proposed TS changes will require that the of the seal injection flow with a determine that the amendment request charcoal filter beds be tested in accordance involves no significant hazards with an NRC-approved standard (i.e., ASTM description consistent with the method consideration. D3803–1989), and to improved acceptance used to establish and verify reactor Attorney for licensee: R. Alexander criteria. The CRAT and EVS do not involve coolant pump seal injection flow limits Glenn, Associate General Counsel initiators or precursors to an accident and the method used to calculate the (MAC–BT15A), Florida Power previously evaluated, as these systems seal injection flow in the safety analyses Corporation, P.O. Box 14042, St. perform only mitigative functions in for the Diablo Canyon Nuclear Power Petersburg, Florida 33733–4042. response to an accident. Failure of these Plant, Unit Nos. 1 and 2. NRC Section Chief: Richard P. systems would result in inability or Basis for proposed no significant decreased ability to perform their mitigative Correia. hazards consideration determination: functions, but would not increase the As required by 10 CFR 50.91(a), the Niagara Mohawk Power Corporation, probability of an accident. The proposed testing requirements would improve the licensee has provided its analysis of the Docket No. 50–220, Nine Mile Point issue of no significant hazards Nuclear Station Unit No. 1, Oswego performance of these systems, and would not have any effect in reducing their design consideration, which is presented County, New York functions. Therefore, the probability and below: Date of amendment request: March 6, consequences of an accident previously 1. The proposed change does not involve 2001. evaluated will not be increased by the a significant increase in the probability or Description of amendment request: proposed TS changes. consequences of an accident previously The licensee proposed to amend the The second standard requires that evaluated. operation of the unit in accordance with the unit’s Technical Specifications (TSs), The emergency core cooling system (ECCS) proposed amendment will not create the analyses model the reactor coolant pump Section 3.4.4, ‘‘Emergency Ventilation possibility of a new or different kind of System [EVS],’’ and Section 3.4.5, (RCP) seal injection flow path as a hydraulic accident from any accident previously flow resistance. This proposed change ‘‘Control Room Air Treatment [CRAT] evaluated. The proposed TS change will only clarifies that RCP seal flow is a function of System,’’ to require testing consistent revise the testing requirements. These system conditions rather than specifying an with American Society for Testing and changes will not involve placing the systems actual flow rate. The seal flow rate can vary Materials (ASTM) Standard D3803–1989 in new configurations or operating the during operation, but the hydraulic flow (currently the American National systems in different manners. Therefore, the resistance is fixed by positioning the manual Standards Institute (ANSI) standard proposed changes will not create the seal injection throttle valves. The resistance possibility of a new or different kind of N510–1980 is specified). Concurrently, does not change if the valve adjustments are accident from any previously evaluated. not changed. Thus, RCP seal flow variation the licensee proposed to change the The third standard requires that operation charcoal bed testing efficiency of the due to changing reactor coolant system (RCS) of the unit in accordance with the proposed back pressure following a loss of coolant EVS and CRAT from 90 percent to 95 amendment will not involve a significant accident (LOCA) is explicitly determined as percent, and requiring the pressure drop reduction in a margin of safety. Since no a result of modeling the RCP seal injection across the CRAT System high efficiency design, operation procedure, or analysis flow path resistance. particulate air (HEPA) filters and methodology is changed, proposed TS The proposed improved Technical charcoal adsorber banks to be changes will not adversely affect the Specification change is only a clarification demonstrated to be less than 1.5 inches performance characteristics of the CRAT or and does not impact the way the RCP seal EVS, nor will they affect the ability of the of water. The licensee’s application for flow is established and thus cannot affect systems to perform their intended functions. RCP seal integrity. The seal flow resistance amendment is a response to the NRC’s Therefore, the proposed changes do not Generic Letter (GL) 99–02, ‘‘Laboratory otherwise only affects ECCS flow. Since involve a significant reduction in a margin of ECCS flow occurs after an accident the Testing of Nuclear-Grade Activated safety. proposed change cannot impact the Charcoal.’’ The associated licensee- probability of an accident. controlled TS Bases document would Based on this review, it appears that the three standards of 10 CFR 50.92(c) There are no hardware changes nor are also be changed to reflect these TS there any changes in the method by which changes. are satisfied. Therefore, the NRC staff any safety-related plant system performs its The staff had previously published proposes to determine that the safety function. The change continues to notices (65 FR 9009, February 23, 2000, amendment request involves no ensure that the assumed ECCS flow is and 65 FR 56955, September 20, 2000) significant hazards consideration. available. Therefore, the proposed change for the licensee’s November 30, 1999, Attorney for licensee: Mark J. does not involve a significant increase in the consequences of an accident previously and August 15, 2000, submittals. The Wetterhahn, Esquire, Winston & Strawn, 1400 L Street, NW., Washington, DC evaluated. licensee’s March 6, 2001, submittal 2. The proposed change does not create the supersedes the original submittals in 20005–3502. possibility of a new or different kind of their entirety. Hence this notice also NRC Section Chief: Marsha accident from any accident previously supersedes the previous two notices. Gamberoni. evaluated.
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There are no hardware changes nor are consideration, which is presented operational assessments are completed as there any changes in the method by which below: part of the implementation of ARC to any safety-related plant system performs its determine that structural and leakage margin safety function. Since the change continues 1. The proposed change does not involve exists prior to returning SGs to service to ensure that the assumed ECCS flow is a significant increase in the probability or following inspections. If the condition available, no new accident scenarios, consequences of an accident previously monitoring requirements are not satisfied for transient precursors, failure mechanisms, or evaluated. burst or leakage, the causal factors for EOC limiting single failures are introduced. Examination of crack morphology for indications exceeding the expected values Therefore, the proposed change does not primary water stress corrosion cracking will be evaluated. The methodology and create the possibility of a new or different (PWSCC) at dented intersections has been application of this ARC will continue to kind of accident from any previously found to show one or two microcracks well ensure that tube integrity is maintained evaluated. aligned with only a few uncorroded during all plant conditions consistent with 3. The proposed change does not involve ligaments and little or no other inside the requirements of Regulatory Guide (RG) a significant reduction in a margin of safety. diameter axial cracking at the intersection. 1.121 and Revision 1 of RG 1.83. The proposed change does not affect the This relatively simple morphology is In the analysis of a SG tube rupture event, acceptance criteria for any analyzed event. conducive to obtaining good accuracy in a bounding primary-to-secondary leakage rate There will be no effect on the manner in nondestructive examination (NDE) sizing of equal to the operational leakage limits in the which safety limits or limiting safety system these indications. Accordingly, alternate Technical Specifications (TS), plus the leak settings are determined nor will there be any repair criteria (ARC) are established based on rate associated with the double-ended crack length and average and maximum effect on those plant systems necessary to rupture of a single tube, is assumed. For depth within the thickness of the tube assure the accomplishment of protection other design basis accidents, the tubes are support plate (TSP). functions. Since the change continues to assumed to retain their structural integrity The application of the ARC requires a ensure the assumed ECCS flow is available, and exhibit primary-to-secondary leakage Monte Carlo condition monitoring there will be no impact on any margin of within the limits assumed in the current assessment to determine the as-found safety. licensing basis accident analyses. Steam line condition of the tubing. The condition break leakage rates from the proposed monitoring analysis described in WCAP– The NRC staff has reviewed the PWSCC ARC are combined with leakage rates 15573, Revision 0, is consistent with NRC licensee’s analysis and, based on this from other approved ARC (i.e., voltage-based Generic Letter 95–05 requirements. review, it appears that the three ARC and W* ARC). The combined leakage The application of the ARC requires a standards of 10 CFR 50.92(c) are rates will not exceed the limits assumed in Monte Carlo operational assessment to satisfied. Therefore, the NRC staff the current licensing basis accident analyses. determine the need for tube repair. The The 40 percent maximum depth repair proposes to determine that the repair bases are obtained by projecting the limit for free span indications provides a very amendment requests involve no crack profile to the end of the next operating low likelihood of free span leakage under significant hazards consideration. cycle and determining the burst pressure and design basis or severe accident conditions. Attorney for licensee: Christopher J. leakage for the projected profile using Monte Warner, Esq., Pacific Gas and Electric Carlo analysis techniques described in Leakage from indications inside the TSP is limited by the constraint of the TSP even Company, P.O. Box 7442, San WCAP–15573, Revision 0. The burst pressure and leakage are compared to the under severe accident conditions, and Francisco, California 94120. leakage behavior in a severe accident would NRC Section Chief: Stephen Dembek. requirements in WCAP–15573, Revision 0. Separate analyses are required for the total be similar to that found acceptable by the Pacific Gas and Electric Company, crack length and the length outside the TSP NRC under approved ARC for axial outside Docket Nos. 50–275 and 50–323, Diablo due to differences in requirements. If the diameter stress corrosion cracking (ODSCC) at TSP intersections. Therefore, even under Canyon Nuclear Power Plant, Unit Nos. projected end of cycle (EOC) requirements are satisfied, the tube will be left in service. severe accident conditions, it is concluded 1 and 2, San Luis Obispo County, that application of the proposed ARC for California A steam generator (SG) tube rupture event is one of a number of design basis accidents PWSCC at dented TSP locations results in a Date of amendment requests: that are analyzed as part of a plant’s licensing negligible difference in risk of a tube rupture February 20, 2001. This application basis. A single or multiple tube rupture event or large leakage event, when compared to supersedes the June 19, 2000, would not be expected in a SG in which the current 40 percent repair limits or previously ARC has been applied. The ARC requires approved ARC. application and supplement dated Diablo Canyon Power Plant (DCPP) September 12, 2000 (published in the repair of any indication having a maximum crack depth greater than or equal to 40 continues to implement a maximum Federal Register on October 4, 2000 [65 percent outside the TSP, thus limiting the operating condition leak rate limit of 150 FR59223]). potential length of a deep crack outside the gallons per day per SG to preclude the Description of amendment requests: TSP at EOC conditions and providing margin potential for excessive leakage during all The proposed license amendments against burst and leakage for free span plant conditions. would revise Sections 5.5.9, ‘‘Steam indications. The possibility of a new or different kind Generator (SG) Tube Surveillance For other design basis accidents such as a of accident from any previously evaluated is Program’’ and 5.6.10, ‘‘SG Tube main steam line break, main feed line break, not created because SG tube integrity is control rod ejection, and locked reactor maintained by inservice inspection, Inspection Report,’’ of the Diablo condition monitoring, operational Canyon Power Plant, Unit Nos. 1 and 2 coolant pump motor, the tubes are assumed to retain their structural integrity. assessment, tube repair, and primary-to- Technical Specifications (TS), to add Therefore, the proposed changes do not secondary leakage monitoring. new surveillance and reporting involve a significant increase in the 3. The proposed change does not involve requirements associated with SG tube probability or consequences of an accident a significant reduction in a margin of safety. inspection and repair. The new previously evaluated. Tube repair limits provide reasonable requirements establish alternate repair 2. The proposed change does not create the assurance that tubes accepted for continued criteria for axial primary water stress possibility of a new or different kind of service without repair will exhibit adequate corrosion cracking at dented tube accident from any accident previously tube structural and leakage integrity during evaluated. subsequent plant operation. The support plate intersections. implementation of the proposed ARC is Basis for proposed no significant Implementation of the proposed SG tube ARC does not introduce any significant demonstrated to maintain SG tube integrity hazards consideration determination: changes to the plant design basis. A single or consistent with the criteria of draft NRC As required by 10 CFR 50.91(a), the multiple tube rupture event would not be Regulatory Guide 1.121. The guidelines of RG licensee has provided its analysis of the expected in a SG in which the ARC has been 1.121 describe a method acceptable to the issue of no significant hazards applied. Both condition monitoring and NRC staff for meeting General Design Criteria
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(GDC) 2, 4, 14, 15, 31, and 32 by ensuring NRC Section Chief: Stephen Dembek. and as concluded by the NRC in the the probability or the consequences of SG discussion accompanying the final rule, the tube rupture remain within acceptable limits. Portland General Electric Company, et changes made for consistency with the new This is accomplished by determining the al., Docket No. 50–344, Trojan Nuclear 10 CFR 50.59 are viewed as editorial in limiting conditions of degradation of SG Plant, Columbia County, Oregon nature. As such, these changes do not affect tubing, for which tubes with unacceptable Date of amendment request: March 6, the manner in which systems and cracking should be removed from service. components are operated or maintained, and Upon implementation of the proposed 2001. do not alter the intent of the Possession Only ARC, even under the worst-case conditions, Description of amendment request: License. There are no new accident scenarios the occurrence of PWSCC at the tube support The proposed amendment revises or failure modes created by the requested plate elevations is not expected to lead to a Section 5.0, ‘‘Administrative Controls,’’ administrative/editorial changes. Therefore, SG tube rupture event during normal or of the Trojan Nuclear Plant (TNP or the requested changes do not create the faulted plant conditions. The ARC involves Trojan) Technical Specifications. The possibility of a new or different kind of a computational assessment to be completed first change is associated with accident from any accident previously for each indication left in service ensuring modification of the TNP organizational evaluated. that performance criteria for tube integrity 3. The requested license amendment does structure. Specifically, the position of not involve a significant reduction in a and leak tightness are met until the next Senior Vice President, Power Supply, scheduled outage. margin of safety. As discussed below, certain tubes are will be eliminated and the position As described above [in the licensee’s excluded from application of ARC. Existing Trojan Site Executive and Plant General amendment request], the changes in tube integrity requirements apply to these Manager will be divided into two management titles and reporting tubes, and the margin of safety is not separate positions: (1) Trojan Site relationships are administrative in nature, reduced. Executive, and (2) General Manager, and as concluded by the NRC in the In addressing the combined loading effects Trojan. The second change is associated discussion accompanying the final rule, the of a loss-of-coolant (LOCA) and safe with revising language used in the TNP changes made for consistency with the new shutdown earthquake (SSE) on the SGs (as 10 CFR 50.59 are viewed as editorial in Technical Specifications to conform nature. As such, these changes do not affect required by GDC 2), the potential exists for with the language of the revised 10 CFR yielding of the TSP in the vicinity of the the manner in which systems and wedge groups, accompanied by deformation 50.59. Phrases which included the components are operated or maintained, do of tubes and a subsequent postulated in- wording ‘‘unreviewed safety question’’ not alter the intent of the Possession Only leakage. Tube deformation could lead to and ‘‘safety evaluation’’ will be replaced License, and do not adversely impact opening of pre-existing tight through wall with wording that will continue to previously accepted margins of safety. cracks, resulting in secondary to primary in- conform to the requirements of the Therefore, the requested amendment does leakage following the event, which could revised 10 CFR 50.59. not involve a significant reduction in a have an adverse affect on the Final Safety Basis for proposed no significant margin of safety. Analysis Report (FSAR) results. Based on a hazards consideration determination: The NRC staff has reviewed the DCPP analysis of LOCA and SSE, SG tubes As required by 10 CFR 50.91(a), the licensee’s analysis and, based on this located in wedge region exclusion zones are licensee has provided its analysis of the review, it appears that the three susceptible to deformation, and are excluded standards of 10 CFR 50.92(c) are from application of ARC. issue of no significant hazards A DCPP tube stress analysis for feed line consideration, which is presented satisfied. Therefore, the NRC staff break (FLB)/steam line break (SLB) plus SSE below: proposes to determine that the loading determined that high bending 1. The requested license amendment does amendment request involves no stresses occur in certain SG tubes at the not involve a significant increase in the significant hazards consideration. seventh TSP, because the stresses exceed the probability or consequences of an accident Attorney for licensee: Douglas R. maximum imposed bending stress for previously evaluated. Nichols, Esq., Portland General Electric existing test data (equal to approximately the As described above [in the licensee’s Company, 121 S.W. Salmon Street, lower tolerance limit yield stress). These amendment request], the changes in Portland, Oregon 97204. tubes are located in rows 11 to 15 and 36 to management titles and reporting NRC Section Chief: Robert A. Gramm. 46, and are excluded from application of relationships are administrative in nature, ARC. and as concluded by the NRC in the Tennessee Valley Authority, Docket No. Tube intersections that contain TSP discussion accompanying the final rule, the 50–327, Sequoyah Nuclear Plant, Unit 1, ligament cracking are also excluded from changes made for consistency with the new Hamilton County, Tennessee application of ARC. 10 CFR 50.59 are viewed as editorial in Based on the above, it is concluded that the nature. As such, these proposed changes do Date of application for amendments: proposed license amendment request does not alter the intent of the Possession Only March 9, 2001 (TS 01–01). not result in a significant reduction in margin License, and do not modify the present plant Brief description of amendments: The with respect to the plant safety analyses as systems or administrative controls necessary proposed amendment would change the defined in the FSAR or TS. to preserve and protect the integrity of the Sequoyah Nuclear Plant (SQN) Therefore, the proposed changes do not nuclear fuel at the TNP. Since no plant Technical Specification section on involve a significant reduction in the margin systems or administrative controls are reactor core design (Section 5.3) by of safety. changed, the probability or consequences of adding a provision for including a accidents previously evaluated are limited number of lead test assemblies The NRC staff has reviewed the unaffected. The General Manager, Trojan will licensee’s analysis and, based on this be located at the site and will provide in the core. review, it appears that the three management attention to each of the Basis for proposed no significant standards of 10 CFR 50.92(c) are functional areas in the TNP organization hazards consideration determination: satisfied. Therefore, the NRC staff during decommissioning of the facility. As required by 10 CFR 50.91(a), proposes to determine that the 2. The requested license amendment does Tennessee Valley Authority, the amendment requests involve no not create the possibility of a new or different licensee, has provided its analysis of the significant hazards consideration. kind of accident from any accident issue of no significant hazards previously evaluated. consideration, which is presented Attorney for licensee: Christopher J. As described above [in the licensee’s Warner, Esq., Pacific Gas and Electric amendment request], the changes in below: Company, P.O. Box 7442, San management titles and reporting A. The proposed amendment does not Francisco, California 94120. relationships are administrative in nature, involve a significant increase in the
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probability or consequences of an accident current operating cycle, thus ensuring that issue of no significant hazards previously evaluated. the fuel will be maintained within the same consideration, which is presented The lead test assemblies (LTAs) are range of safety parameters that form the basis below: identical to the other Mark-BW fuel for previous accident evaluations. No new assemblies with the exception of the initial performance requirements are being imposed A. The proposed amendment does not uranium isotopic composition change. This on any system or component that exceed involve a significant increase in the composition change does not effect the design criteria or cause the core to operate in probability or consequences of an accident chemical properties or affect the thermal- excess of design basis operating limits. No previously evaluated. hydraulic performance of the fuel. The credible scenario has been identified, which The proposed change is an administrative change in composition does change the could jeopardize equipment that could cause modification of existing TS requirements for neutronic response of the fuel. However the or intensify an accident sequence or mitigate the TS Bases Control Program to reference operational behavior of the fuel is accurately events. Therefore, the LTAs will not create changes pursuant to 10 CFR 50.59 rather than predicted by the NRC approved the possibility of accidents or equipment ‘‘unreviewed safety question.’’ This change methodologies used for reload core design malfunctions of a different type than has no affect on the current review and and analysis as demonstrated in the Topical previously evaluated while in the reactor. approval process for changes to the Final Report [Framatome Cogema Fuels Topical C. The proposed amendment does not Safety Analyses Report [FSAR] and Bases. Report BAW–2328], and the successful involve a significant reduction in a margin of Changes to the TS Bases are still evaluated operation during SQN Unit 2 Cycle 10. safety. in accordance with 10 CFR 50.59. As such, Therefore, the LTAs do not significantly The LTAs will not adversely affect reactor there is no effect on initiators of analyzed increase the probability of accidents while in neutronic or thermal-hydraulic performance. events or assumed mitigation of accidents or the reactor. The LOCA acceptance criteria with LTAs transients. Therefore, the proposed A preliminary reload design analysis installed in the core will continue to be met. amendment does not involve a significant performed, based upon the tentative use of The acceptance criteria for departure from increase in the probability or consequences the LTAs in SQN Unit 1 operating Cycle 12 nucleate boiling (DNB) events with the LTAs of an accident previously evaluated. fuel load pattern, shows that the LTAs will installed in the core will also continue to be B. The proposed amendment does not not become the most limiting fuel assemblies met. Other acceptance criteria have also been create the possibility of a new or different in the core during the cycle. Additionally, kind of accident from any accident the peak pin criteria will be analyzed for demonstrated to remain within acceptable limits. The total calculated source-term previously evaluated. each reload pattern to ensure that the LTAs The proposed change does not involve a do not become the most limiting peak pin at activity and the source-term activity of isotopes, which significantly contribute to physical alteration of the plant, add any new any time during their residence in the core. equipment, or require any existing The potential effects of the LTAs on plant operator and off-site accident exposure levels of the LTAs, was determined to be less than equipment to be operated in a manner operation and safety are evaluated for each different from the present design. Therefore, reload core design. The key core safety that for the standard fuel assembly with the same burnup. All previously evaluated the proposed amendment does not create the analysis parameters are examined each cycle possibility of a new or different kind of to ensure each parameter remains bounded events remain bounding and valid. For these reasons, the proposed amendment does not accident from any accident previously by the more limiting values used in the safety evaluated. analysis of record and that there is no involve a significant reduction in a margin of safety. C. The proposed amendment does not increase in the probability of occurrence for involve a significant reduction in a margin of any design basis accident described in the The NRC has reviewed the licensee’s safety. Final Safety Analysis Report (FSAR). analysis and, based on this review, it The proposed change is an administrative The impacts of the LTAs on the appears that the three standards of 10 modification of existing TS requirements for radiological consequences for all postulated the TS Bases Control Program to reference events have been evaluated. The total CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the changes pursuant to 10 CFR 50.59 rather than calculated source term and the source-term ‘‘unreviewed safety question’’. This change activity of isotopes, which significantly amendment request involves no has no affect on the current review process contribute to operator and off-site accident significant hazards consideration. for changes to the FSAR and Bases, and will exposure levels, were shown to be less than Attorney for licensee: General not reduce a margin of safety because it has standard fuel assemblies with the same Counsel, Tennessee Valley Authority, no effect on any safety analyses assumptions. burnup, therefore, it will not increase the 400 West Summit Hill Drive, ET 10H, Changes to the TS Bases are still evaluated consequences of any accident previously Knoxville, Tennessee 37902. in accordance with 10 CFR 50.59. For these evaluated. reasons, the proposed amendment does not B. The proposed amendment does not NRC Section Chief: Richard P. involve a significant reduction in the margin create the possibility of a new or different Correia. of safety. kind of accident from any accident Tennessee Valley Authority, Docket No. previously evaluated. 50–390, Watts Bar Nuclear Plant, Unit 1, The NRC staff has reviewed the The fuel assembly design for the LTAs is Rhea County, Tennessee licensee’s analysis and, based on this identical to the standard fuel assemblies. The review, it appears that the three main difference between the LTAs and the Date of amendment request: March 2, standards of 10 CFR 50.92(c) are production fuel is that the initial 2001. concentration of the U234 and U236 isotopes satisfied. Therefore, the NRC staff Description of amendment request: proposes to determine that the will be higher in the LTA fuel pellets than The proposed amendment would revise that typically found in standard fuel. These amendment request involves no isotopic differences will not affect the Watts Bar Nuclear Plant (WBN) Unit 1 significant hazards consideration. chemical, mechanical, or thermal properties Technical Specifications (TS) Section Attorney for licensee: General of the fuel pellet. 5.6, ‘‘TS Bases Control Program,’’ to Counsel, Tennessee Valley Authority, The LTAs meet the same design criteria adopt NRC-approved Technical 400 West Summit Hill Drive, ET 10H, and licensing basis criteria as the standard Specification Task Force (TSTF) item Knoxville, Tennessee 37902. fuel assemblies and were manufactured with TSTF–364, Revision 0. TSTF–364 NRC Section Chief: Richard P. the same processes. The LTA skeleton is revises the Industry Standard TS Correia. identical to the standard skeleton, which consistent with the recent revision to 10 ensures that the loadings associated with Union Electric Company, Docket No. normal operation, seismic events, loss-of- CFR 50.59. Basis for proposed no significant 50–483, Callaway Plant, Unit 1, coolant accident (LOCA) events, and Callaway County, Missouri shipping and handling are not affected. hazards consideration determination: Pressure and temperature safety limits will As required by 10 CFR 50.91(a), the Date of application request: February be maintained the same as those for the licensee has provided its analysis of the 16, 2001 (ULNRC–04390).
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Description of amendment request: The NRC staff has reviewed the 3. The proposed change does not involve The amendment would add the word licensee’s analysis and, based on this a significant reduction in the margin of ‘‘Senior’’ to the title ‘‘Vice President and review, it appears that the three safety. Chief Nuclear Officer’’ in paragraph c to standards of 10 CFR 50.92(c) are The changes are administrative in nature involving the relocation of administrative Technical Specification 5.2.1, ‘‘Onsite satisfied. Therefore, the NRC staff requirements from one licensing document to and Offsite Organizations.’’ The new proposes to determine that the another licensing document currently title would be ‘‘Senior Vice President amendment request involves no containing related requirements. Relocation and Chief Nuclear Officer.’’ significant hazards consideration. of TS administrative Sections 6.5, 6.7 and 6.9 Basis for proposed no significant Attorney for licensee: John O’Neill, to the YDQAP does not affect plant hazards consideration determination: Esq., Shaw, Pittman, Potts & operation, systems, or components. The As required by 10 CFR 50.91(a), the Trowbridge, 2300 N Street, NW., proposed administrative changes do not licensee has provided its analysis of the Washington, D.C. 20037. represent a change in initial conditions, system response time, or in any other issue of no significant hazards NRC Section Chief: Stephen Dembek. consideration, which is presented parameter affecting the course of an accident analysis supporting the Bases of any below: Yankee Atomic Electric Co., Docket No. 50–29, Yankee Nuclear Power Station Technical Specification. Therefore, the 1. The proposed change does not involve proposed administrative changes will not a significant increase in the probability or (YNPS) Franklin County, Massachusetts involve a significant reduction in the margin consequences of an accident previously Date of amendment request: of safety. evaluated. November 22, 2000. The proposed change revises Callaway The NRC staff has reviewed the Plant management organization by changing Description of amendment request: licensee’s analysis and, based on this the title, Vice President and Chief Nuclear The requested amendment would review, it appears that the three Officer to Senior Vice President and Chief relocate certain administrative standards of 10 CFR 50.92(c) are Nuclear Officer; creating Vice President- requirements from the YNPS Defueled satisfied. Therefore, the NRC staff Nuclear, to add another corporate level of Technical Specifications to the YNPS proposes to determine that the oversight for plant site activities and nuclear Decommissioning Quality Assurance amendment request involves no staff supervision; and centralizing the Program (YDQAP). Additional editorial Operations, Operations Support, and significant hazards consideration. Engineering functions under the Vice changes to titles and designations are Attorney for licensee: Thomas Dignan, President-Nuclear. These are administrative also proposed. Esquire, Ropes and Gray, One changes. [The proposed change does not Basis for proposed no significant International Place, Boston, change any plant safety limit, plant hazards consideration determination: Massachusetts 02110–2624. operations, or the plant design related to any As required by 10 CFR 50.91(a), the NRC Section Chief: Stephen Dembek. accident previously evaluated.] licensee has provided its analysis of the Therefore, the proposed changes do not Previously Published Notices of issue of no significant hazards involve a significant increase in the Consideration of Issuance of consideration, which is presented probability or consequences of accident Amendments to Facility Operating below: previously evaluated. Licenses, Proposed No Significant 2. The proposed change does not create the 1. The proposed change does not involve possibility of a new or different kind of Hazards Consideration Determination, a significant increase in the probability or and Opportunity for a Hearing accident from any accident previously consequences of an accident previously evaluated. evaluated. The following notices were previously The proposed change revises Callaway The administrative nature of the changes published as separate individual Plant management organization by changing will not affect any important to safety the title, Vice President and Chief Nuclear notices. The notice content was the systems or components or their mode of same as above. They were published as Officer to Senior Vice President and Chief operation. Relocation of TS administrative Nuclear Officer; creating the title Vice individual notices either because time Sections 6.5, 6.7 and 6.9 to the YDQAP does President-Nuclear, to add another corporate did not allow the Commission to wait not result in changes to either system design level of oversight for plant site activities and or operating strategies. Relocation of these for this biweekly notice or because the nuclear staff supervision; and centralizing administrative requirements to the YDQAP action involved exigent circumstances. the Operations, Operations Support, and has no affect on accident initiators or They are repeated here because the Engineering functions under the Vice biweekly notice lists all amendments President-Nuclear. These are administrative mitigation. Therefore, the proposed changes. [The proposed change does not administrative changes will not involve a issued or proposed to be issued involve an initiator of an accident.] significant increase in the probability or involving no significant hazards Therefore, the proposed revision will not consequences of an accident previously consideration. create a new or different kind of accident evaluated. For details, see the individual notice from any accident previously evaluated. 2. The proposed change does not create the in the Federal Register on the day and 3. The proposed change does not involve possibility of a new or different accident from any previously evaluated. page cited. This notice does not extend a significant reduction in a margin of safety. the notice period of the original notice. The proposed change revises Callaway The proposed changes do not modify plant Plant management organization by changing operation, systems, or components. Omaha Public Power District, Docket the title, Vice President and Chief Nuclear Relocation of TS administrative Sections 6.5, No. 50–285, Fort Calhoun Station, Unit 6.7 and 6.9 to the YDQAP does not affect any Officer to Senior Vice President and Chief No. 1, Washington County, Nebraska Nuclear Officer; creating the title Vice of the parameters or conditions that could President-Nuclear, to add another corporate contribute to the initiation of any accident. Date of amendment request: April 14, level of oversight for plant site activities and No new accident scenarios are created as a 2000, as supplemented by letters dated nuclear staff supervision; and centralizing result of relocating the aforementioned June 2, July 28, and December 1, 2000, the Operations, Operations Support, and administrative requirements to the YDQAP. and January 31, 2001. In addition, no important to safety equipment Engineering functions under the Vice Brief description of amendment President-Nuclear. These are administrative or functions are altered as a result of this changes. proposed change. Therefore, the proposed request: The proposed amendment Therefore, the proposed change to the administrative changes will not create the would change the surveillance Technical Specifications do not involve a possibility of a new or different accident requirements for laboratory testing of significant reduction in the margin of safety. from any previously evaluated. the charcoal adsorbers for the control
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room, the spent fuel pool storage area site, http://www.nrc.gov (the Electronic the physics methods in CASMO–4/ and the safety injection pump rooms. In Reading Room). SIMULATE–3 for application to Palo addition, the amendment would delete Verde Units 1, 2, and 3, and will require AmerGen Energy Company, LLC, Docket the laboratory testing requirements for review by the NRC staff. No. 50–289, Three Mile Island Nuclear the containment charcoal adsorbers. The Station, Unit 1, Dauphin County, Date of issuance: March 20, 2001. changes comply with the guidance of Pennsylvania Effective date: March 20, 2001,and Generic Letter 99–02, ‘‘Laboratory shall be implemented within 45 days of Testing of Nuclear-Grade Activated Date of application for amendment: the date of issuance, including putting Charcoal.’’ August 9, 2000, as supplemented the condition mentioned above on the Date of publication of individual February 22, 2001. The February 22, use of the new methodology, that was notice in Federal Register: March 5, 2001 2001, supplement provided additional given in the licensee’s letter of March (66 FR 13355). clarifying information and did not 13, 2001, in the Updated Final Safety Expiration date of individual notice: change the initial proposed no Analysis Report for Palo Verde. April 4, 2001. significant hazards consideration determination or expand the Amendment Nos.: Unit 1–132, Unit Notice of Issuance of Amendments to amendment beyond the scope of the 2–132, Unit 3–132. Facility Operating Licenses original notice. Facility Operating License Nos. NPF– 41, NPF–51, and NPF–74: The During the period since publication of Brief description of amendment: The amendments revised the Technical the last biweekly notice, the amendment approved a revision to the Specifications. Commission has issued the following Updated Final Safety Analysis Report amendments. The Commission has (UFSAR) to reflect a revised steam Date of initial notice in Federal determined for each of these generator tube failure accident analysis Register: October 4, 2000 (65 FR 59219). amendments that the application which includes the dose resulting from The Commission’s related evaluation complies with the standards and the postulated post-accident steam of the amendment is contained in a requirements of the Atomic Energy Act release through the main steam safety Safety Evaluation dated March 20, 2001. of 1954, as amended (the Act), and the valves. The existing radiological dose No significant hazards consideration Commission’s rules and regulations. calculations described in the UFSAR do comments received: No. The Commission has made appropriate not account for this release. Date of issuance: March 9, 2001. Calvert Cliffs Nuclear Power Plant, Inc., findings as required by the Act and the Docket Nos. 50–317 and 50–318, Calvert Commission’s rules and regulations in Effective date: As of the date of issuance and shall be implemented Cliffs Nuclear Power Plant, Unit Nos. 1 10 CFR Chapter I, which are set forth in and 2, Calvert County, Maryland the license amendment. within 30 days. Amendment No.: 230. Date of application for amendments: Notice of Consideration of Issuance of Facility Operating License No. DPR– January 27, 2000, as supplemented on Amendment to Facility Operating 50. Amendment authorized UFSAR June 15, 2000, and November 21, 2000. License, Proposed No Significant revision. Hazards Consideration Determination, Date of initial notice in Federal Brief description of amendments: The and Opportunity for A Hearing in Register: October 18, 2000 (65 FR amendments revise Technical connection with these actions was 62382). Specifications 3.9.3 and 3.9.4 by published in the Federal Register as The Commission’s related evaluation modifying the conditions of indicated. of the amendment is contained in a containment closure during core Unless otherwise indicated, the Safety Evaluation dated March 9, 2001. alterations, fuel handling and the loss of Commission has determined that these No significant hazards consideration shutdown cooling. The amendments amendments satisfy the criteria for comments received: No. also revise the way the personnel air categorical exclusion in accordance lock and the containment purge system with 10 CFR 51.22. Therefore, pursuant Arizona Public Service Company, et al., are operated during maintenance to 10 CFR 51.22(b), no environmental Docket Nos. STN 50–528, STN 50–529, activities on the shutdown cooling impact statement or environmental and STN 50–530, Palo Verde Nuclear system. assessment need be prepared for these Generating Station, Units Nos. 1, 2, and Date of issuance: March 12, 2001. 3, Maricopa County, Arizona amendments. If the Commission has Effective date: As of the date of prepared an environmental assessment Date of application for amendments: issuance to be implemented within 30 under the special circumstances June 8, 2000, as supplemented by the days. provision in 10 CFR 51.12(b) and has letters of January 3 and March 13, 2001. Amendment Nos.: 242 and 216. made a determination based on that Brief description of amendments: The Renewed Facility Operating License assessment, it is so indicated. amendments revise Technical Nos. DPR–53 and DPR–69: Amendments For further details with respect to the Specification (TS) 5.6.5, ‘‘Core revised the Technical Specifications. action see (1) the applications for Operating Limits Report,’’ to add a amendment, (2) the amendment, and (3) methodology using the CASMO–4 and Date of initial notice in Federal the Commission’s related letter, Safety SIMULATE–3 Codes to the list of Register: March 8, 2000 (65 FR 12288). Evaluation and/or Environmental analytical methods used to determine The June 15, 2000, and November 21, Assessment as indicated. All of these core operating limits contained in TS 2000, submittals provided clarifying items are available for public inspection 5.6.5.b. The amendments allow the use information that did not change the at the Commission’s Public Document of the CASMO–4 and SIMULATE–3 original proposed no significant hazards Room, located at One White Flint North, methodology to perform nuclear design consideration determination. 11555 Rockville Pike (first floor), calculations; however, as stated in the The Commission’s related evaluation Rockville, Maryland 20852. Publicly supplemental letter of January 3, 2001, of these amendments is contained in a available records will be accessible and the licensee agreed that the introduction Safety Evaluation dated March 12, 2001. electronically from the ADAMS Public of significantly different or new fuel No significant hazards consideration Library component on the NRC Web designs will require further validation of comments received: No.
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Calvert Cliffs Nuclear Power Plant, Inc., Effective date: As of the date of Effective date: As of the date of Docket Nos. 50–317 and 50–318, Calvert issuance and shall be implemented issuance and shall be implemented Cliffs Nuclear Power Plant, Unit Nos. 1 within 60 days. within 60 days of issuance. and 2, Calvert County, Maryland Amendment No.: 193. Amendment No: 145. Facility Operating License No. NPF– Date of application for amendments: Facility Operating License No. DPR– 29: The amendment revises the Facility September 14, 2000. 20. Amendment revised the Technical Operating License and Technical Brief description of amendments: The Specifications. Specifications. amendments revise the reactor coolant Date of initial notice in Federal Date of initial notice in Federal heatup and cooldown curves in the Register: January 24, 2001 (66 FR 7679). Register: March 22, 2000 (65 FR 15380). Technical Specifications. The Commission’s related evaluation The Commission’s related evaluation Date of issuance: March 15, 2001. of the amendment is contained in a of the amendment is contained in a Effective date: As of the date of Safety Evaluation dated March 7, 2001. Safety Evaluation dated March 14, 2001. issuance to be implemented within 30 No significant hazards consideration comments received: No. No significant hazards consideration days. comments received: No. Amendment Nos.: 243 and 217. Entergy Operations, Inc., Docket No. 50– Renewed Facility Operating License 313, Arkansas Nuclear One, Unit No. 1, Exelon Generation Company, LLC, Nos. DPR–53 and DPR–69: Amendments Pope County, Arkansas Docket Nos. 50–237 and 50–249, revised the Technical Specifications. Dresden Nuclear Power Station, Units 2 Date of initial notice in Federal Date of amendment request: and 3, Grundy County, Illinois Register: October 18, 2000 (65 FR September 28, 2000. Brief description of amendment: The Date of application for amendments: 62382). February 29, 2000, as supplemented by The Commission’s related evaluation amendment changes the Arkansas Nuclear One, Unit 1 technical letter dated January 11, 2001. of these amendments is contained in a Brief description of amendments: The specifications to revise the safety-related Safety Evaluation dated March 15, 2001. amendments reduced the number of 4160 Volt (V) bus loss-of-voltage and No significant hazards consideration safety valves required for overpressure 480 V bus degraded voltage relay comments received: No. protection at Dresden, Unit 2, by allowable values. removing from Technical Specifications Carolina Power & Light Company, Date of issuance: March 12, 2001. (TS) Section 3.6.E, the safety valve Docket No. 50–261, H. B. Robinson Effective date: As of the date of function and setpoint of the Target Rock Steam Electric Plant, Unit No. 2, issuance and shall be implemented safety/relief valve (SRV). The Darlington County, South Carolina within 60 days from the date of amendments also moved the remaining issuance. Date of application for amendment: safety valve lift pressure setpoints from Amendment No.: 211. August 10, 2000. TS Section 3.6.E to TS Section 4.6.E, Brief description of amendment: This Facility Operating License No. DPR changed the number of required safety amendment revises Required Actions 51: Amendment revised the Technical valves from nine to eight, and removed suspending operations involving Specifications. footnote ‘‘c’’ of Unit 3 TS Section 4.6.E. reactivity additions and revises various Date of initial notice in Federal Date of issuance: March 23, 2001. Limiting Condition for Operation Notes Register: December 13, 2000 (65 FR Effective date: Immediately, to be precluding reduction in boron 77918). implemented within 30 days. concentration. The Commission’s related evaluation Amendment Nos.: 184 and 179. Date of issuance: March 14, 2001. of the amendment is contained in a Facility Operating License Nos. DPR– Effective date: March 14, 2001. Safety Evaluation dated March 12, 2001. 19 and DPR–25: The amendments Amendment No. 190. No significant hazards consideration revised the Technical Specifications. Facility Operating License No. DPR– comments received: No. Date of initial notice in Federal 23. Amendment revises the Technical Entergy Operations, Inc., System Energy Register: February 21, 2001 (66 FR Specifications. Resources, Inc., South Mississippi 11055). Date of initial notice in Federal Electric Power Association, and Entergy The January 11, 2001, letter is within Register: September 6, 2000 (65 FR Mississippi, Inc.,Docket No. 50–416, the scope of the original notice and did 54084). Grand Gulf Nuclear Station, Unit 1, not change the original no significant The Commission’s related evaluation Claiborne County, Mississippi hazards consideration determination. of the amendment is contained in a The Commission’s related evaluation of Safety Evaluation dated March 14, 2001. Date of application for amendment: the amendments is contained in a Safety No significant hazards consideration January 21, 2000, as supplemented by Evaluation dated March 23, 2001. comments received: No. letters dated June 29, September 1, No significant hazards consideration Consumers Energy Company, Docket October 26, and December 22, 2000, and comments received: No. No. 50–255, Palisades Plant, Van Buren February 22, 2001. County, Michigan Brief description of amendment: The FirstEnergy Nuclear Operating Date of application for amendment: amendment provides for a full-scope Company, et al., Docket No. 50–334, December 8, 2000. implementation of the alternative source Beaver Valley Power Station, Unit No. 1, Brief description of amendment: The term, as described in NUREG–1465, Shippingport, Pennsylvania amendment deletes Technical ‘‘Accident Source Terms for Light-Water Date of application for amendment: Specification Section 5.5.3, ‘‘Post Nuclear Power Plants,’’ Regulatory July 21, 2000, as supplemented by Accident Sampling Program,’’ for Guide 1.183, ‘‘Alternative Radiological letters dated December 1, and December Palisades and thereby eliminates the Source Terms for Evaluating Design- 13, 2000, and January 29, 2001. requirements to have and maintain the Basis Accidents at Nuclear Power Brief description of amendment: This post-accident sampling system for the Reactors,’’ and 10 CFR 50.67, ‘‘Accident amendment approves revisions to the plant. source term.’’ Main Steam Line Break (MSLB) design- Date of issuance: March 7, 2001. Date of issuance: March 14, 2001. basis accident dose consequence
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analysis as documented in the Updated Facility Operating License No. NPF– Effective date: As of the date of Final Safety Analysis Report (UFSAR) 58: This amendment revised the issuance to be implemented within 30 and a technical specification (TS) Technical Specifications. days from the date of issuance. change. The changes to the MSLB Date of initial notice in Federal Amendment No.: 185. accident dose consequence analysis Register: January 10, 2001 (66 FR 2013). include revisions to input parameter The supplemental letter contained Facility Operating License No. DPR– values and assumptions. The TS change clarifying information that was within 46: Amendment authorized revision to reduces the limit on reactor coolant the scope of the original Federal the USAR. system specific activity in technical Register notice and did not change the Date of initial notice in Federal specification 3/4.4.8. The revisions are initial no significant hazards Register: July 14, 1999 (64 FR 38030). in accordance with the methodology consideration determination. The November 14, 2000, supplemental described in Nuclear Regulatory The Commission’s related evaluation letter provided clarifying information Commission Generic Letter 95–05, of the amendment is contained in a that was within the scope of the original ‘‘Voltage-Based Repair Criteria for Safety Evaluation dated March 12, 2001. Federal Register notice and did not Westinghouse Steam Generator tubes by No significant hazards consideration change the staff’s initial no significant Outside Diameter Stress Corrosion comments received: No. hazards consideration determination. Cracking.’’ Florida Power and Light Company, et The Commission’s related evaluation Date of issuance: March 12, 2001. al., Docket Nos. 50–335 and 50–389, St. of the amendment is contained in a Effective date: As of date of issuance Lucie Plant, Unit Nos. 1 and 2, St. Lucie Safety Evaluation dated March 13, 2001. and shall be implemented within 60 County, Florida No significant hazards consideration days. comments received: No. Amendment No: 236. Date of application for amendments: Facility Operating License No. DPR– November 28, 2000, as supplemented Nuclear Management Company, LLC, 66: Amendment revised the Technical January 17, 2001, and February 15, Docket No. 50–263, Monticello Nuclear Specifications and approved changes to 2001. Generating Plant, Wright County, the UFSAR. Brief description of amendments: The Minnesota amendments revised the Technical Date of initial notice in Federal Specifications (TS) to permit, as an Date of application for amendment: Register: February 7, 2001 (66 FR 9382). alternative to the current dedicated Shift July 20, 2000. Information from the July 21, and Technical Advisor (STA), a single, Brief description of amendment: The December 13, 2000, letters was used for qualified individual to simultaneously amendment revises the Technical the staff’s initial proposal to determine serve as an STA and a Senior Reactor Specifications (TSs) to (1) include the that the amendment request involves a Operator, and either option would be automatic reactor water cleanup no significant hazards consideration permitted on a shift-by-shift basis. (RWCU) system isolation feature, (2) determination. The December 1, 2000, Date of Issuance: March 14, 2001. restore the dose equivalent iodine-131 and January 29, 2001, letters provided Effective Date: March 14, 2001. limit to 2 microcuries per gram, (3) supplemental information applicable to Amendment Nos.: 113 and 173. change the RWCU reactor water level this amendment request but did not automatic isolation signal from Low to change the initial proposed no Facility Operating License Nos. DPR– Low-Low reactor water level and add significant hazards consideration 67 and NPF–16: Amendments revised TSs for the high pressure coolant determination or expand the the TS. injection (HPCI) and reactor core amendment request beyond the scope of Date of initial notice in Federal isolation cooling low steam line the original notice. Register: December 27, 2000 (65 FR 81922). The letters dated January 17, pressure isolation instrumentation, (4) The Commission’s related evaluation 2001, and February 15, 2001, contained delete the HPCI 150,000 lb/hr low range of the amendment is contained in a clarifying information that did not affect high flow isolation instrumentation and Safety Evaluation dated March 12, 2001. the original proposed no significant adds a time delay to the 300,000 lb/hr No significant hazards consideration hazards determination, or expand the upper range high flow isolation comments received: No. scope of the request as noticed. instrumentation, and (5) change the FirstEnergy Nuclear Operating The Commission’s related evaluation suppression chamber water allowable Company, Docket No. 50–440, Perry of the amendments is contained in a water level from volume units to level Nuclear Power Plant, Unit 1, Lake Safety Evaluation dated March 14, 2001. units. County, Ohio No significant hazards consideration Date of issuance: March 7, 2001. comments received: No. Date of application for amendment: Effective date: As of the date of December 11, 2000, as supplemented by Nebraska Public Power District, Docket issuance and shall be implemented letter dated February 15, 2001. No. 50–298, Cooper Nuclear Station, within 45 days. Brief description of amendment: This Nemaha County, Nebraska Amendment No.: 117. amendment revised the existing Date of amendment request: June 15, Facility Operating License No. DPR– Minimum Critical Power Ratio (MCPR) 1999, as supplemented by letter dated 22. Amendment revised the Technical Safety Limit contained in Technical November 14, 2000. Specifications. Specification 2.1.1.2 by increasing the Brief description of amendment: The limit for two recirculation loop Date of initial notice in Federal amendment authorized revision of the Register: August 23, 2000 (65 FR 51361). operation from 1.09 to 1.10. Updated Safety Analysis Report (USAR) Date of issuance: March 12, 2001. to allow the use of the service water The Commission’s related evaluation Effective date: As of the date of system to directly supply cooling water of the amendment is contained in a issuance and shall be implemented to the reactor equipment cooling system Safety Evaluation dated March 7, 2001. within 90 days. during a loss-of-coolant accident event. No significant hazards consideration Amendment No.: 119. Date of issuance: March 13, 2001. comments received: No.
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Nuclear Management Company, LLC, significant hazards consideration Specifications (TS) to specify required Docket No. 50–263, Monticello Nuclear determination. actions and completion times applicable Generating Plant, Wright County, The Commission’s related evaluation to conditions when two low-pressure Minnesota of the amendment is contained in a coolant injection pumps, each in a Safety Evaluation dated March 14, 2001. Date of application for amendment: different subsystem, are inoperable. No significant hazards consideration January 10, 2001. Date of issuance: March 12, 2001. comments received: No. Effective date: March 12, 2001. Brief description of amendment: The Amendment Nos: 240, 269, 229. amendment removes the standby liquid PPL Susquehanna, LLC, Docket Nos. 50– Facility Operating License Nos. DPR– control (SLC) pump flow surveillance 387 and 50–388, Susquehanna Steam 33, DPR–52, and DPR–68. Amendments requirement to recycle demineralized Electric Station, Units 1 and 2, Luzerne revise the TS.. water to the test tank and changes the County, Pennsylvania Date of initial notice in the Federal testing frequency of the SLC pump Date of application for amendments: Register: November 15, 2000 (65 FR capacity test from monthly to quarterly. July 31, 2000. 69066) and re-noticed February 7, 2001 Date of issuance: March 8, 2001. Brief description of amendments: The (66 FR 9387). Effective date: As of the date of amendments revised the main steam The Commission’s related evaluation issuance and shall be implemented isolation valve leakage rate surveillance of the amendment is contained in a within 45 days. requirements. Safety Evaluation dated March 12, 2001. Amendment No.: 118. Date of issuance: March 9, 2001. No significant hazards consideration Facility Operating License No. DPR– Effective date: As of date of issuance comments received: No. 22. Amendment revised the Technical and shall be implemented within 30 Specifications. days. Tennessee Valley Authority, Docket No. Date of initial notice in Federal Amendment Nos.: 190 and 165. 50–260, Browns Ferry Nuclear Plant, Register: February 7, 2001 (66 FR 9386). Facility Operating License Nos. NPF– Unit 2, Limestone County, Alabama The Commission’s related evaluation 14 and NPF–22. The amendments Date of application for amendment: of the amendment is contained in a revised the Technical Specifications. November 21, 2000 as supplemented by Safety Evaluation dated March 8, 2001. Date of initial notice in Federal a February 9, 2001 reply to a request for No significant hazards consideration Register: October 18, 2000 (65 FR additional information. comments received: No. 62390). Brief description of amendment: It The Commission’s related evaluation Omaha Public Power District, Docket revises the minimum critical power of the amendments is contained in a ratio safety limits specified in the No. 50–285, Fort Calhoun Station, Unit Safety Evaluation dated March 9, 2001. No. 1, Washington County, Nebraska facility Technical Specifications (TS) for No significant hazards consideration two-loop and single-loop operation. Date of amendment request: comments received: No. Date of issuance: March 13, 2001. September 5, 2000, as supplemented by PPL Susquehanna, LLC, Docket Nos. 50– Effective date: March 13, 2001. letters dated September 28, 2000, 387 and 50–388, Susquehanna Steam Amendment No.: 270 December 1, 2000, and December 11, Electric Station, Units 1 and 2, Luzerne Facility Operating License No. DPR– 2000. County, Pennsylvania 52: Amendment revises the TS. Brief description of amendment: The Date of initial notice in Federal Date of application for amendments: amendment revised Sections 1.1, 1.3, Register: December 13, 2000 (65 FR November 16, 2000. 2.10, 3.10, and 5.9 and associated Bases 77927). The letter dated February 9, Brief description of amendments: The of the Fort Calhoun Station, Unit No. 1 2001, contained clarifying information amendments eliminated response time (FCS) technical specifications. The that did not affect the original proposed testing requirements for certain reactor amendment allows use of NRC- no significant hazards determination, or protection system and isolation approved Siemens Power Corporation expand the scope of the request as actuation system instrumentation. (SPC) methodologies for determining noticed. reactor core operating limits in Date of issuance: March 12, 2001. Effective date: As of date of issuance The Commission’s related evaluation conjunction with use of SPC fabricated and shall be implemented within 30 of the amendment is contained in a nuclear fuel. Additionally, the revised days. Safety Evaluation dated March 13, 2001. SPC fuel assembly growth model for Amendment Nos.: 191 and 166. No significant hazards consideration FCS Cycle 20 core reload was reviewed Facility Operating License Nos. NPF– comments received: No. and approved. 14 and NPF–22. The amendments Union Electric Company, Docket No. Date of issuance: March 14, 2001 revised the Technical Specifications. Effective date: March 14, 2001, to be 50–483, Callaway Plant, Unit 1, Date of initial notice in Federal Callaway County, Missouri implemented within 30 days from the Register: January 10, 2001 (66 FR 2022). date of issuance. The Commission’s related evaluation Date of application for amendment: Amendment No.: 196. of the amendments is contained in a November 22, 2000 Facility Operating License No. DPR– Safety Evaluation dated March 12, 2001. Brief description of amendment: The 40. Amendment revised the Technical No significant hazards consideration amendment revises Technical Specifications. comments received: No. Specification (TS) 5.5.14, ‘‘Technical Date of initial notice in Federal Specifications (TS) Bases Control Register: December 27, 2000 (65 FR Tennessee Valley Authority, Docket Program’’ to reflect the changes made to 81925). Nos. 50–259, 50–260, and 50–296, 10 CFR 50.59 as published in the The September 28, December 1 and Browns Ferry Nuclear Plant , Units 1, 2, Federal Register on October 4, 1999 11, 2000, supplemental letters provided and 3, Limestone County, Alabama (Volume 64, Number 191, ‘‘Changes, additional clarifying information, did Date of application for amendments: Tests, and Experiments,’’ pages 53582 not expand the scope of the application October 6, 2000. through 53617). A conforming change is as originally noticed, and did not Description of amendment request: made to TS 5.5.14 to replace the word change the staff’s original proposed no The amendments revise the Technical ‘‘involves’’ with the word ‘‘requires,’’ as
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it applies to changes to the TS Bases loss-of-voltage and degraded voltage adopted Exchange Act Rule 11Ac1-7, without prior NRC approval. relay settings. the Trade-Through Disclosure Rule.4The Date of issuance: March 15, 2001 Date of issuance: March 12, 2001. Commission is publishing this notice to Effective date: March 15, 2001, and Effective date: March 12, 2001. solicit comments from interested shall be implemented within 60 days Amendment Nos.: 224 and 224. persons on the proposed Linkage Plan from the date of issuance. Facility Operating License Nos. DPR– amendment. Amendment No.: 142. 32 and DPR–37: Amendments change Facility Operating License No. NPF– the Technical Specifications. I. Description and Purpose of the 30: The amendment revised the Date of initial notice in Federal Amendment Technical Specifications. Register: January 10, 2001 (66 FR 2025). On November 17, 2000, the Date of initial notice in Federal The Commission’s related evaluation Commission adopted Rule 11Ac1-7 to Register: December 27, 2000 (65 FR of the amendments is contained in a require a broker-dealer to disclose to its 81931). The Commission’s related Safety Evaluation dated March 12, 2001. customer when the customer’s order for evaluation of the amendment is No significant hazards consideration listed options is executed at a price contained in a Safety Evaluation dated comments received: No. inferior to a better published quote March 15, 2001. Dated at Rockville, Maryland this 27th day (‘‘intermarket trade-through’’), and to No significant hazards consideration of March 2001. disclose the better published quote comments received: No. For the Nuclear Regulatory Commission. available at that time. However, a Virginia Electric and Power Company, John A. Zwolinski, broker-dealer is not required to disclose Docket Nos. 50–338 and 50–339, North Director, Division of Licensing Project to its customer an intermarket trade- Anna Power Station, Units 1 and 2, Management, Office of Nuclear Reactor through if the broker-dealer effects the Regulation. Louisa County, Virginia transaction on an exchange that [FR Doc. 01–8101 Filed 4–3–01; 8:45 am] participates in an approved linkage plan Date of application for amendment: BILLING CODE 7590–01–P that includes provisions reasonably June 22, 2000, as supplemented designed to limit customers’ orders from November 15, 2000. being executed at prices that trade Brief description of amendment: SECURITIES AND EXCHANGE through a better published quote. The These amendments revise Technical COMMISSION purpose of the proposed amendment to Specification (TS) 3.1.2.7, TS 3.1.2.8, TS the Linkage Plan is to add provisions to 3.5.1, TS 3.5.5, TS 3.6.2.2, and TS 3.9.1 [Release No. 34–44106; File No. 4–429] the Linkage Plan that are reasonably to increase the boron concentration designed to limit intermarket trade- limits in the refueling water storage Joint Industry Plan; Notice of Filing of Amendment to the Options Intermarket throughs. tank, casing cooling tank, safety The proposed amendment would injection accumulators, and the reactor Linkage Plan To Conform the Options Intermarket Linkage Plan to the change the definitions of ‘‘National Best coolant system during refueling. Bid or Offer’’ (‘‘NBBO’’) and ‘‘Trade- Date of issuance: March 20, 2001. Requirements of Securities Exchange Act Rule 11Ac1–7 Throughs’’ so that the terms would Effective date: As of the date of apply to unlinked, as well as linked, issuance and shall be implemented at Pursuant to section 11A(a)(3) of the exchanges. The Participants represent the end of the Fall 2001 refueling outage Securities Exchange Act of 1934 that the proposed changes would extend for Unit 1, and at the end of the Fall (‘‘Act’’) 1 and Rule 11Aa3–2, the requirement in the Linkage Plan 2002 refueling outage for Unit 2. thereunder,2 notice is hereby given that that, absent reasonable justification and Amendment Nos.: 225 and 206 on March 13, 2001, the American Stock during normal market conditions, Facility Operating License Nos. NPF– Exchange LLC (‘‘Amex’’), Chicago Board members should not effect trade- 4 and NPF–7: Amendments change the Options Exchange, Inc. (‘‘CBOE’’), throughs, to unlinked markets, as well Technical Specifications. International Securities Exchange LLC as linked markets. Date of initial notice in Federal (‘‘ISE’’), Pacific Exchange, Inc. (‘‘PCX’’), Next, the proposed amendment would Register: July 26, 2000 (65 FR 46018). and Philadelphia Stock Exchange, Inc. require that Participants establish The November 15, 2000, supplement (‘‘Phlx’’) (collectively the procedures for conducting surveillance contained clarifying information only, ‘‘Participants’’) submitted to the for trade-throughs, both with respect to and did not change the initial no Securities and Exchange Commission trading through linked and unlinked significant hazards consideration (‘‘SEC’’ or ‘‘Commission’’) an markets. It also would require that determination. amendment to the Options Intermarket Participants adopt uniform rules that The Commission’s related evaluation Linkage Plan.3 The amendment of the amendments is contained in a proposes to conform the Linkage Plan to 4 17 CFR 240.11Ac1-7. See Securities Exchange Safety Evaluation dated March 20, 2001. the requirements of the recently- Act Release No. 43591 (November 17, 2000), 65 FR No significant hazards consideration 75439 (December 1, 2000) (‘‘Adopting Release’’). comments received: No. Specifically, in the Adopting Release, the 1 15 U.S.C. 78k-1(a)(3). Commission noted that to conform to the Virginia Electric and Power Company, et 2 17 CFR 240,11Aa3-2. regulations of the Trade Through Disclosure Rule, al., Docket Nos. 50–280 and 50–281, 3 On July 28, 2000, the Commission approved a a linkage plan must, at a minimum: (1) Limit national market system plan for the purpose of participants from trading through, not only the Surry Power Station, Units 1 and 2, creating and operating an intermarket options quotes of other linkage plan participants, but also, Surry County, Virginia market linkage (‘‘Linkage Plan’’) proposed by the the quotes of exchanges that are not participants in Amex, CBOE, and ISE. See Securities Exchange Act an approved linkage plan; (2) require plan Date of application for amendments: Release No. 43086 (July 28, 2000), 65 FR 48023 participants to actively surveil their markets for December 19, 2000. (August 4, 2000). Subsequently, upon request by the trades executed at prices inferior to those publicly Brief Description of amendments: Phlx and PCX, the Commission issued orders to quoted on other exchanges; and (3) make clear that These amendments revise Table 3.7–4, permit these exchanges to participate in the Linkage the failure of a market with a better quote to Plan. See Securities Exchange Act Release Nos. complain within a specified period of time that its item 7, and Technical Specification 43573 (November 16, 2000), 65 FR 70850 quote was traded-through may affect potential 3.6.B. The changes revise the range of (November 28, 2000) and 43574 (November 16, liability, but does not signify that a trade-through allowable values for the 4160-volt bus 2000), 65 FR 70851 (November 28, 2000). has not occurred.
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would make it a violation of a Washington, DC 20549–0609. Copies of II. Self-Regulatory Organization’s Participant’s rules for a member to the submission, all subsequent Statement of the Purpose of, and engage in a pattern or practice of trading amendments, all written statements Statutory Basis for, the Proposed Rule through bids and offers in other linked with respect to the proposed Linkage Change markets,5 unless one of the enumerated Plan amendment that are filed with the exceptions to the Linkage Plan’s Trade- Commission, and all written In its filing with the Commission, Through provisions applies and, in the communications relating to the EMCC included statements concerning case of a Block Trade, where the proposed Linkage Plan amendment the purpose of and basis for the initiating member has satisfied between the Commission and any proposed rule change and discussed any aggrieved parties at the block price. person, other than those that may be comments it received on the proposed Lastly, the proposed amendment withheld from the public in accordance rule change. The text of these statements would add a provision to the Linkage with the provisions of 5 U.S.C. 552, will may be examined at the places specified Plan that states that a failure to lodge a be available for inspection and copying in Item IV below. EMCC has prepared Trade-Through complaint will not at the Commission’s Public Reference summaries, set forth in sections (A), (B), signify that a Trade-Through has not and (C) below, of the most significant Room. Copies of such filings will also be 2 occurred, but instead, would affect only available for inspection and copying at aspects of these statements. liability. the principal offices of the Amex, CBOE, (A) Self-Regulatory Organization’s The Participants believe that, upon ISE, Phlx, and PCX. All submissions Statement of the Purpose of, and Commission approval of the should refer to File No. 4–429 and Statutory Basis for, the Proposed Rule amendment, coupled with the adoption should be submitted by April 25, 2001. Change and approval of the conforming rules by the Participants, the Linkage Plan would For the Commission, by the Division of EMCC, as part of its risk analysis, Market Regulation, pursuant to delegated meet the requirements of the Trade- calculates a margin amount for each authority.6 Through Disclosure Rule, and therefore, member.3 Among the factors used in broker-dealers who effect transactions Margaret H. McFarland, making these calculations are the on one of the linked markets would be Deputy Secretary. liquidity ratings assigned to the exempt from making the required [FR Doc. 01–8208 Filed 4–3–01; 8:45 am] securities through EMCC (‘‘EMCC disclosures under the Trade-Through BILLING CODE 8010–01–M eligible instruments’’) and the volatility Disclosure Rule. of those securities. Several members have recently requested on an ad hoc II. Implementation of the Plan SECURITIES AND EXCHANGE Amendment basis that EMCC prepare specialized COMMISSION reports showing either the liquidity The Participants intend to make the ratings for all EMCC eligible proposed amendment to the Linkage [Release No. 34–44125; File No. SR–EMCC– instruments or the volatilities applicable Plan reflected in this filing effective 00–10] at a given time for all those instruments. when the Commission approves the These reports may assist the requesting amendment. Self–Regulatory Organizations; The member in monitoring their trading Emerging Markets Clearing III. Solicitation of Comments positions and avoiding any overnight Corporation; Notice of Filing and Interested persons are invited to exposure cap violation resulting from Immediate Effectiveness of Proposed their positions. submit written data, views, and Rule Change Relating to Fee arguments concerning the foregoing, Schedules While EMCC has the right to charge including whether the proposed Linkage the requesting member for the cost of Plan amendment is consistent with the preparing any specialized reports,4 it DATES: Act. Persons making written submission March 28, 2001. has determined to establish a fixed fee should file six copies thereof with the Pursuant to section 19(b)(1) of the for the preparation of these specialized Secretary, Securities and Exchange Securities Exchange Act of 1934 risk reports and set the fee in the fee Commission, 450 Fifth Street, NW., (‘‘Act’’),1 notice is hereby given that on schedule. The fee for preparation of a December 8, 2000, the Emerging report showing one standard deviation 5 In the Adopting Release, the Commission noted Markets Clearing Corporation (‘‘EMCC’’) of volatility, as defined and calculated that in addition to the minimal provisions that must filed with the Securities and Exchange in accordance with EMCC Rule 4, be included in an intermarket linkage plan to allow section 5.II of all EMCC eligible broker-dealers effecting transactions on exchanges Commission (‘‘Commission’’) the participating in the plan to be excepted from the proposed rule change as described in instruments (‘‘Volatility Report’’) will be disclosure requirements of the Trade-Through Items I, II, and III below, which items $500. The fee for preparation of a report Disclosure Rule, each exchange participating in a have been prepared primarily by EMCC. showing the liquidity rating of all such linkage plan would have to adopt certain rules. Specifically, the Commission stated that each The Commission is publishing this exchange, notice to solicit comments on the 2 The Commission has modified the text of the would have to adopt rules to allow the exchange proposed rule change from interested summaries prepared by EMCC. to sanction specialists or market makers that trade parties. 3 EMCC calculates each member’s margin amount through better prices of other exchanges, maintain pursuant to the formula set forth in EMCC Rule 4, policies and procedures that would limit the I. Self–Regulatory Organization’s section 5. occurrence of intermarket trade-throughs, and Statement of the Terms of Substance of 4 EMCC Rule 20, section 2, states, ‘‘A Member maintain records that would identify intermarket may be charged for any unusual expense caused trade-throughs and any review or remedial action the Proposed Rule Change directly or indirectly by such Member including but taken by the exchange in response to such without limitation, the cost of producing records intermarket trade-throughs. The proposed rule change will allow pursuant to a court order or other legal process in See Adopting Release, supra note 5 at n.62. EMCC to modify its current fee any litigation or other legal proceeding to which Notwithstanding the more limited language in the schedule. such Member is a party or in which such records proposed amendment to the Linkage Plan, each relating to such Member are so required to be exchange’s rules must address trade-throughs of produced, whether such production is required at better quotes displayed by both linked and 6 17 CFR 200.30-3(a)(29). the instance of such Member, or of any other party unlinked markets. 1 15 U.S.C. 78s(b)(1). other than the Corporation.’’
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instruments (‘‘Liquidity Rating Report’’) available for inspection and copying in proposed rule change and discussed any will be $500. the Commission’s Public Reference comments it received on the proposed The proposed rule change is Section, 450 Fifth Street, NW., rule change. The text of these statements consistent with the requirements of Washington, DC 20549. Copies of such may be examined at the places specified Section 17A of the Act and the rules and filing also will be available for in Item IV below. NSCC has prepared regulations thereunder applicable to inspection and copying at the principal summaries, set forth in sections (A), (B) EMCC because it provides for the office of EMCC. All submissions should and (C) below, of the most significant equitable allocation of dues, fees, and refer to File No. SR–EMCC–00–10 and aspects of these statements.3 other charges among EMCC’s should be submitted by April 25, 2001. (A) Self-Regulatory Organization’s participants. For the Commission by the Division of Statement of the Purpose of, and (B) Self–Regulatory Organization’s Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule Statement on Burden on Competition authority. Change EMCC does not believe that the Margaret H. McFarland, On November 20, 2000, the proposed rule change will have an Deputy Secretary. Commission approved a rule change impact on or impose a burden on [FR Doc. 01–8207 Filed 4–3–01; 8:45 am] implementing three enhancements to competition. BILLING CODE 8010–01–M NSCC’s ACAT Service.4 One of the enhancements extended the timeframe (C) Self–Regulatory Organization’s in which a Receiving Member must Statement on Comments on the SECURITIES AND EXCHANGE reject a reclaim transfer. As stated in the Proposed Rule Change Received From COMMISSION order granting approval, NSCC proposed Members, Participants or Others [Release No. 34–44124; File No. SR–NSCC– to implement this enhancement in No written comments relating to the 00–14] January 2001. However, NSCC intended proposed rule change have been to implement this enhancement solicited or received. EMCC will notify Self-Regulatory Organizations: immediately. the Commission of any written National Securities Clearing NSCC believes that the proposed rule comments received by EMCC. Corporation; Notice of Filing and change is consistent with the Immediate Effectiveness of Proposed requirements of Section 17A(b)(3)(F) of III. Date of Effectiveness of the Rule Change Relating to the the Act 5 and the rules and regulations Proposed Rule Change and Timing for Implementation Date for an thereunder because it will facilitate the Commission Action Enhancement to ACAT Service prompt and accurate clearance and The foregoing rule change has become settlement of securities transactions effective pursuant to section March 28, 2001. and, in general, protect investors and 19(b)(3)(A)(ii) of the Act and Rule 19b– Pursuant to Section 19(b)(1) of the the public interest. 4(f)(2) thereunder because the proposed Securities Exchange Act of 1934 rule change establishes a due, fee, or (‘‘Act’’),1 notice is hereby given that on (B) Self-Regulatory Organization’s charge imposed by the self-regulatory November 28, 2000, the National Statement on Burden on Competition organization. At any time within sixty Securities Clearing Corporation NSCC does not believe that the days of the filing of such rule change, (‘‘NSCC’’) filed with the Securities and proposed rule change will have any the Commission may summarily Exchange Commission (‘‘Commission’’) impact, or impose any burden, on abrogate such rule change if it appears the proposed rule change as described competition. to the Commission that such action is in Items I, II, and III below, which items have been prepared primarily by NSCC. (C) Self-Regulatory Organization’s necessary or appropriate in the public Statement on Comments on the interest, for the protection of investors, The Commission is publishing this notice to solicit comments on the Proposed Rule Change Received From or otherwise in furtherance of the Members, Participants or Others purposes of the Act. proposed rule change from interested parties. Written comments relating to the IV. Solicitation of Comments proposed rule change have not yet been I. Self-Regulatory Organization’s Interested persons are invited to solicited or received. NSCC will notify Statement of the Terms of Substance of the Commission of any written submit written data, views, and the Proposed Rule Change arguments concerning the foregoing, comments received by NSCC. The purpose of the rule filing is to including whether the proposed rule III. Date of Effectiveness of the change is consistent with the Act. make a technical correction to a previous filing regarding the Proposed Rule Change and Timing for Persons making written submissions Commission Action should file six copies thereof with the implementation date to an enhancement Secretary, Securities and Exchange of the Automated Customer Account The foregoing rule change has become Commission, 450 Fifth Street, NW., (‘‘ACAT’’) service.2 effective pursuant to Section 6 Washington, DC 20549–0609. Copies of 19(b)(3)(A)(iii) of the Act and Rule II. Self-Regulatory Organization’s 19b–4(f)(5) 7 promulgated thereunder the submission, all subsequent Statement of the Purpose of, and amendments, all written statements because the proposal effects a change in Statutory Basis for, the Proposed Rule an existing service of a registered with respect to the proposed rule Change change that are filed with the clearing agency that does not adversely Commission, and all written In its filing with the Commission, affect the safeguarding of securities or communications relating to the NSCC included statements concerning the purpose of and basis for the 3 The Commission has modified the text of the proposed rule change between the summaries prepared by NSCC. Commission and any person, other than 4 1 15 U.S.C. 78s(b)(1). Supra note 2. those that may be withheld from the 2 Securities Exchange Act Release No. 43597 5 15 U.S.C. 78q-1(b)(3)(F). public in accordance with the (November 20, 2000), 65 FR 70862 (November 28, 6 15 U.S.C. 78s(b)(3)(A)(iii). provisions of 5 U.S.C. 552, will be 2000) [SR–NSCC–00–11]. 7 17 CFR 240.19b–(f)(5).
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funds in the custody or control of the SECURITIES AND EXCHANGE per 1,000 positions and the transaction clearing agency and does not COMMISSION fee for the focused position service of IPS is currently $0.50 per 1,000 significantly affect the respective rights [Release No. 34–44128; File No. SR–NSCC– or obligations of the clearing agency or 01–03] positions. Pursuant to this rule change, persons using the service. At any time the transaction fee for both the full within sixty days of the filing of such Self-Regulatory Organizations; position and focused position services proposed rule change, the Commission National Securities Clearing of IPS will be as follows: from 0 to may summarily abrogate such rule Corporation; Notice of Filing and 49,999 positions per month, $6.00 per change if it appears to the Commission Immediate Effectiveness of Proposed 1,000 positions; from 50,000 to 249,999 that such action is necessary or Rule Change Relating to Fees Charged positions per month, $5.00 per 1000 appropriate in the public interest, for for Services Relating to the Insurance positions; from 250,000 to 999,999 the protection of investors, or otherwise Processing Service positions per month; $4.00 per 1,000 positions; and for more than 999,999 in furtherance of the purposes of the March 28, 2001. positions per month, $2.00 per 1,000 Act. Pursuant to Section 19(b)(1) of the positions. IV. Solicitation of Comments Securities Exchange Act of 1934 (‘‘Act’’1), notice is hereby given that on There is currently no transaction fee Interested persons are invited to January 26, 2001, National Securities for the asset pricing service of IPS. submit written data, views, and Clearing Corporation (‘‘NSCC’’) filed Pursuant to this rule change, the arguments concerning the foregoing, with the Securities and Exchange transaction fee for the asset pricing including whether the proposed rule Commission (‘‘Commission’’) the service of IPS will be as follows: from change is consistent with the Act. proposed rule change as described in 0 to 49,999 items per month, $0.75 per Persons making written submissions Items I, II, and III below, which items 1,000 items; from 50,000 to 249,999 should file six copies thereof with the have been prepared primarily by NSCC. items per month, $0.65 per 1,000 items, Secretary, Securities and Exchange The Commission is publishing this from 250,000 to 999,999 items per Commission, 450 Fifth Street, NW., notice to solicit comments on the month, $0.55 per 1,000 items; for more Washington, DC 20549–0609. Copies of proposed rule change from interested than 999,999 items per month, $0.45 per the submission, all subsequent parties. 1,000 items. amendments, all written statements I. Self-Regulatory Organization’s The transaction fee for the with respect to the proposed rule Statement of the Terms of Substance of commissions service of IPS is currently change that are filed with the the Proposed Rule Change $8.50 per 1,000 items. Pursuant to this Commission, and all written The proposed rule change consists of rule change, the transaction fee for the communications relating to the revisions to NSCC’s Fee Schedule for commissions service of IPS will be as proposed rule change between the various services that are part of NSCC’s follows: from 0 to 999 items per month, Commission and any person, other than Insurance Processing Service (‘‘IPS’’). $40.00 per 1,000 items; from 1,000 to those that may be withheld from the 9,999 items per month, $35.00 per 1,000 public in accordance with the II. Self-Regulatory Organization’s items; from 10,000 to 29,999 items per provisions of 5 U.S.C. 552, will be Statement of the Purposes of, and month, $30,00 per 1,000 items; for more available for inspection and copying in Statutory Basis for, the Proposed Rule than 29,999 items per month, $25.00 per the Commission’s Public Reference Change 1,000 items. Section, 450 Fifth Street, NW., In its filing with the Commission, The proposed rule change is Washington, DC 20549. Copies of such NSCC included statements concerning consistent with the requirements of the filing also will be available for the purpose of and basis for the Act and the rules and regulations inspection and coping at the principal proposed rule change and discussed any thereunder because it provides for the comments it received on the proposed office of NSCC. All submissions should equitable allocation of dues, fees, and rule change. The text of these statements refer to File No. SR–NSCC–00–14 and other charges among NSCC’s may be examined at the places specified should be submitted by April 25, 2001. participants. in Item IV below. NSCC has prepared For the Commission by the Division of summaries, set forth in sections (A), (B), (B) Self-Regulatory Organization’s Market Regulation, pursuant to delegated and (C) below, of the most significant 8 Statement on Burden on Competition authority. aspects of these statements.2 Margaret H. McFarland, NSCC does not believe that the (A) Self-Regulatory Organization’s Deputy Secretary. proposed rule change will have an Statement of the Purposes of, and impact on or impose a burden on [FR Doc. 01–8209 Filed 4–3–01; 8:45 am] Statutory Basis for, the Proposed Rule competition. BILLING CODE 8010–01–M Change The purpose of the proposed rule (C) Self-Regulatory Organization’s change is to adjust the fees that NSCC Statement on Comments on the charges for various services that are part Proposed Rule Change Received From of NSCC’s IPS effective with respect to Members, Participants or Others services provided on and after February No written comments relating to the 1, 2001. proposed rule change have been The transaction fee for the full solicited or received. NSCC has sent Position service of IPS is currently $0.60 letters to participants who use IPS 1 15 U.S.C. 78s(b)(1). communicating the fee changes. NSCC 2 The Commission has modified the text of the will notify the Commission of any 8 17 CFR 200.30–3(a)(12). summaries prepared by NSCC. written comments received by NSCC.
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III. Date of Effectiveness of the SECURITIES AND EXCHANGE fund industry and NSCC’s mutual fund Proposed rule Change and Timing for COMMISSION services have evolved, however, members have requested and NSCC has Commission Action [Release No. 34–44127; File No. SR–NSCC– 01–02] determined that it would be appropriate The foregoing rule change has become to expand this membership category to effective pursuant to Section Self-Regulatory Organizations; also permit a broker-dealer that is a 19(b)(3)(A)(ii) of the Act and Rule 19b- National Securities Clearing codistributor, subdistributor, or is 4(f)(2) thereunder because the proposed Corporation; Notice of Filing and otherwise authorized to process rule changes a due, fee, or other charge. Immediate Effectiveness of Proposed transactions through NSCC’s mutual At any time within sixty days of the Rule Change Relating to Membership fund services on behalf of a fund to be filing of such rule change, the Criteria for Rule 51 Fund Members eligible for NSCC membership as a fund Commission may summarily abrogate member. Any such broker-dealer would such rule change if it appears to the March 28, 2001. have to meet all other previously Commission that such action is Pursuant to Section 19(b)(1) of the established membership criteria. necessary or appropriate in the public Securities Exchange Act of 1934 This rule change will permit more 1 interest, for the protection of investors, (‘‘Act’’), notice is hereby given that on people to settle fund transactions or otherwise in furtherance of the January 23, 2001, National Securities through NSCC’s automated services and purposes of the Act. Clearing Corporation (‘‘NSCC’’) filed therefore will facilitate the prompt and with the Securities and Exchange accurate clearance and settlement of IV. Solicitation of Comments Commission (‘‘Commission’’) the fund securities transactions. The proposed rule change as described in proposed rule change is therefore Interested persons are invited to Items I, II, and III below, which items consistent with the requirements of submit written data, views, and have been prepared primarily by NSCC. Section 17A of the Act of 1934 and the arguments concerning the foregoing, The Commission is publishing this rules and regulations thereunder. including whether the proposed rule notice to solicit comments on the (B) Self-Regulatory Organization’s change is consistent with the Act. proposed rule change from interested Statement on Burden on Competition Persons making written submissions parties. should file six copies thereof with the NSCC does not believe that the I. Self-Regulatory Organization’s Secretary, Securities and Exchange proposed rule change will have an Statement of the Terms of Substance of Commission, 450 Fifth Street, NW., impact on or impose a burden on the Proposed Rule Change Washington, DC 20549–0609. copies of competition. the submission, all subsequent The proposed rule change will allow (C) Self-Regulatory Organization’s amendments, all written statements NSCC to modify the membership Statement on Comments on the with respect to the proposed rule criteria for Rule 51 fund members. Proposed Rule Change Received from change that are filed with the II. Self-Regulatory Organization’s Members, Participants or Others Commission, and all written Statement of the Purpose of, and No written comments relating to the communications relating to the Statutory Basis for, the Proposed Rule proposed rule change have been proposed rule change between the Change solicited or received. NSCC will notify Commission and any person, other than In its filing with the Commission, the Commission of any written those that may be withheld from the NSCC included statements concerning comments received by NSCC. public in accordance with the the purpose of and basis for the III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be proposed rule change and discussed any available for inspection and copying in Proposed Rule Change and Timing for comments it received on the proposed Commission Action the Commission’s Public Reference rule change. The text of these statements Section, 450 Fifth Street, NW., may be examined at the places specified The foregoing rule change has become Washington, DC 20549. Copies of such in Item IV below. NSCC has prepared effective pursuant to Section 19(b)(3)(A) filing also will be available for summaries, set forth in sections (A), (B), of the Act and Rule 19b–4(f)(4) inspection and copying at the principal and (C) below, of the most significant thereunder because the proposed rule office of NSCC. All submissions should aspects of these statements.2 change effects or changes an existing service that does not adversely affect the refer to File No. SR–NSCC–01–03 and (A) Self-Regulatory Organization’s should be submitted by April 25, 2001. safeguarding of securities or funds in Statement of the Purpose of, and the custody or control of NSCC or for For the Commission by the Division Statutory Basis for, the Proposed Rule which it is responsible and does not of Market Regulation, pursuant to Change significantly affect the respective rights delegated authority. NSCC’s Rule 51 sets forth the criteria or obligations of NSCC or its members Margaret H. McFarland, for entities seeking access to NSCC’s using the service. At any time within sixty days of the filing of such rule Deputy Secretary. mutual fund services as a ‘‘fund member.’’ When Fund/Serv was change, the Commission may summarily [FR Doc. 01–8210 Filed 4–3–01; 8:45 am] originally introduced, NSCC’s rules abrogate such rule change if it appears BILLING CODE 8010–01–M provided that a broker-dealer that is the to the Commission that such action is principal underwriter of a mutual fund necessary or appropriate in the public was eligible to become a fund member, interest, for the protection of investors, as these were the entities that were or otherwise a furtherance of the distributing funds at that time. As the purposes of the Act. IV. Solicitation of Comments 1 15 U.S.C. 78s(b)(1). 2 The Commission has modified the text of the Interested persons are invited to summaries prepared by NSCC. submit written data, views, and
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arguments concerning the foregoing, I. Self-Regulatory Organization’s The proposed rule change is including whether the proposed rule Statement of the Terms of Substance of consistent with the requirements for change is consistent with the act. the Proposed Rule Change Section 17A of the Act and the rules and Persons making written submissions The proposed rule change will allow regulations thereunder applicable to should file six copies thereof with the NSCC to provide mutual fund/insurance NSCC because it provides for the Secretary, Securities and Exchange services and fund members with a one- equitable allocation of dues, fees, and Commission, 450 Fifth Street, NW., time partial discount of their 2000 other charges among NSCC’s Washington, DC 20549–0609. Copies of service fees.2 participants. the submission, all subsequent (B) Self-Regulatory Organization’s amendments, all written statements II. Self-Regulatory Organization’s Statement on Burden on Competition with respect to the proposed rule Statement of the Purpose of, and change that are filed with the Statutory Basis for, the Proposed Rule NSCC does not believe that the Commission, and all written Change proposed rule change will impact or impose a burden on competition. communications relating to the In its filing with the Commission, proposed rule change between the NSCC included statements concerning (C) Self-Regulatory Organization’s Commission and any person, other than the purpose of and basis for the Statement on Comments on the those that may be withheld from the proposed rule change and discussed any Proposed Rule Change Received from public in accordance with the comments it received on the proposed Members, Participants or Others provisions of 5 U.S.C. 552, will be rule change. The text of these statements available for inspection and copying in No written comments have been may be examined at the places specified solicited or received. NSCC will notify the Commission’s Public Reference in Item IV below. NSCC has prepared Section, 450 Fifth Street, NW., the Commission of any written summaries, set forth in sections (A), (B), comments received by NSCC. Washington, DC 20549. Copies of such and (C) below, of the most significant filing also will be available for aspects of these statements.3 III. Date of Effectiveness of the inspection and copying at the principal Proposed Rule Change and Timing for office of NSCC. All submissions should (A) Self-Regulatory Organization’s Commission Action Statement of the Purpose of, and refer to File No. SR–NSCC–01–02 and The foregoing rule change has become Statutory Basis for, the Proposed Rule should be submitted by April 25, 2001. effective pursuant to Section Change For the Commission by the Division of 19(b)(3)(A)(ii) of the Act and Rule 19b– Market Regulation, pursuant to delegated The purpose of the proposed rule 4(f)(2) thereunder because the proposed authority. filing is to provide a one-time partial rule change is changing a due, fee, or Margaret H. McFarland, discount to NSCC fund members for charge imposed by the self-regulatory Fund/Serv fees. NSCC’s board of Deputy Secretary. organization. At any time within sixty directors had determined to provide [FR Doc. 01–8211 Filed 4–3–01; 8:45 am] days of the filing of such rule change, Rule 2 mutual fund/insurance services the Commission may summarily BILLING CODE 8010–01–M members and Rule 51 fund members abrogate such rule change if it appears with a one-time partial discount of their to the Commission that such action is year 2000 Fund/Serv transaction fees, necessary or appropriate in the public SECURITIES AND EXCHANGE which fee is $.25 per side per order or interest, for the protection of investors, COMMISSION transfer request.4 This decision was or otherwise in furtherance of the made because of an increase in year purposes of the Act. [Release No. 34–44126; File No. SR–NSCC– 2000 gross margins due to rise in Fund/ 01–01] Serv transaction volumes and a IV. Solicitation of Comments determination not to fund certain Fund/ Interested persons are invited to Self-Regulatory Organizations; Serv development work at this time. submit written data, views, and National Securities Clearing NSCC intend to give mutual fund/ arguments concerning the foregoing, Corporation; Notice of Filing and insurance services members and fund including whether the proposed rule Immediate Effectiveness of Proposed members the benefit of this discount for change is consistent with the Act. Rule Change Relating to Fee the twelve months ending December 31, Persons making written submissions Schedules 2000. Based upon individual transaction should file six copies thereof with the Secretary, Securities and Exchange March 28, 2001. volumes, each mutual fund/insurance services member fund member will Commission, 450 Fifth Street, NW., Pursuant to Section 19(b)(1) of the receive a proportional share of an Washington, DC 20549–0609. Copies of Securities Exchange Act of 1934 amount equivalent to 50% of the net the submission, all subsequent (‘‘Act’’) 1, notice is hereby given that on excess revenues generated by the Fund amendments, all written statements January 12, 2001, National Securities service during the year 2000 period. The with respect to the proposed rule Clearing Corporation (‘‘NSCC’’) filed necessary adjustments to accommodate change that are filed with the with the Securities and Exchange the refund will be reflected in billing Commission, and all written Commission (‘‘Commission’’) the statements transmitted to fund members communications relating to the proposed rule change as described in in February 2001. proposed rule change between the Items I, II, and III below, which items Commission and any person, other than have been prepared primarily by NSCC. 2 NSCC amended the filing to make it clear that those that may be withheld from the The Commission is publishing this the one-time partial discount also would be public in accordance with the notice to solicit comments on the provided to mutual fund/insurance services provisions of 5 U.S.C. 552, will be proposed rule change from interested members. Letter from Richard Paley, Associate Counsel, NSCC (February 14, 2001). available for inspection and copying in parties. 3 The Commission had modified the text of the the Commission’s Public Reference summaries prepared by NSCC. Section, 450 Fifth Street, NW., 1 15 U.S.C. 78s(b)(1) 4 NSCC Rules, Addendum A, Section IV(N)(2). Washington, DC 20549. Copies of such
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filing also will be available for (A) Self-Regulatory Organization’s to remove impediments to and perfect inspection and copying at the principal Statement of the Purpose of, and the mechanism of a national system and office of NSCC. All submissions should Statutory Basis for, the Proposed Rule to protect investors and the public refer to File No. SR–NSCC–01–01 and Change interest, by relieving SCCP and its should be submitted by April 25, 2001. The purpose of the proposed rule participants from providing and For the Commission by the Division of change is to delete SCCP Rule 20. Rule reviewing duplicative reports that are Market Regulation, pursuant to delegated 20 requires SCCP to provide a daily unnecessary. authority. bookkeeping form to margin members (B) Self-Regulatory Organization’s Margaret H. McFarland, that utilize SCCP’s omnibus account. Statement on Burden on Competition Deputy Secretary. SCCP participants must verify the form [FR Doc. 01–8212 Filed 4–3–01; 8:45 am] upon receipt and promptly report any SCCP does not believe that the proposed rule change will impose any BILLING CODE 8010–01–M exceptions or corrections. Additionally, Rule 20 provides that as of the last inappropriate burden on competition. Friday of each month SCCP requests (C) Self-Regulatory Organization’s SECURITIES AND EXCHANGE each participant to respond in writing as Statement on Comments on the COMMISSION to whether their monthly account Proposed Rule Change Received From statement is accurate for each type of Members, Participants or Others account. If a statement is incorrect, any [Release No. 34–44129; File No. SR–SCCP– No written comments were either 01–02] differences should be reported on research requests and enclosed with the solicited or received. Self-Regulatory Organizations; The written reply. The reply must be signed III. Date of Effectiveness of the Stock Clearing Corporation of by the participant and returned to SCCP Proposed Rule Change and Timing for Philadelphia; Notice of Filing of by the twentieth day of the month Commission Action Proposed Rule Change Relating to the following the date of the statement. Deletion of Rule 20 Pursuant to the rule, penalties may be Within thirty-five days of the date of imposed on a participant who fails to publication of this notice in the Federal March 28, 2001. respond to confirmation requests in a Register or within such longer period (i) Pursuant to Section 19(b)(1) of the timely manner, the rule provides for a as the Commission may designate up to Securities Exchange Act of 1934 hearing process for such participants. ninety days of such date if it finds such (‘‘Act’’), as amended, notice is hereby SCCP believes that Rule 20 is longer period to be appropriate and given that on February 5, 2001, the unnecessary because the information publishes its reasons for so finding or Stock Clearing Corporation of provided to participants on a monthly (ii) as to which SCCP consents, the Philadelphia (‘‘SCCP’’) filed with the basis is essentially duplictive of Commission will: Securities and Exchange Commission information provided daily pursuant to (A) By order approve such proposed (‘‘Commission’’) the proposed rule SCCP Rule 6. Moreover, SCCP believes rule change or change as described in Items I, II, and that the participant certification (B) institute proceedings to determine III below, which items have been requirement in Rule 20 is unnecessary, whether the proposed rule change prepared primarily by SCCP. The burdensome, and inconsistent with should be disapproved. Commission is publishing this notice to general practices in the financial IV. Solicitation of Comments solicit comments on the proposed rule services industry. SCCP Rule 6 provides change from interested parties.1 that all transactions executed on the Interested persons are invited to Philadelphia Stock exchange, Inc., and submit written data, views, and I. Self-Regulatory Organization’s all other transactions submitted by a arguments concerning the foregoing, Statement of the Terms of Substance of participant to SCCP are subject to SCCP including whether the proposed rule the Proposed Rule Change trade recording and confirmation. All change is consistent with the Act. The purpose of the proposed rule transactions are recorded and confirmed Persons making written submissions change is to delete SCCP Rule 20. to SCCP participants daily. SCCP should file six copies thereof with the considers each transaction complete and Secretary, Securities and Exchange II. Self-Regulatory Organization’s accurate unless notified by the Commission, 450 Fifth Street, NW., Statement of the Purpose of, and participant of any inaccuracy prior to Washington, DC 20549–0609. Copies of Statutory Basis for, the Proposed Rule settlement date. Participants are liable the submission, all subsequent Change for any loss resulting from their failure amendments, all written statements with respect to the proposed rule In its filing with the Commission, to notify SCCP of any discrepancies. change that are filed with the SCCP included statements concerning Accordingly, the monthly reports Commission, and all written the purpose of and basis for the required by SCCP Rule 20 are communications relating to the proposed rule change and discussed any unnecessary given compliance with proposed rule change between the comments it received on the proposed Rule 6. Deletion of Rule 20 will relieve Commission and any person, other than rule change. The text of these statements SCCP participants of a monthly those that may be withheld from the may be examined at the places specified requirement that they are required in public in accordance with the in Item IV below. SCCP has prepared any event to perform daily under Rule provisions of 5 U.S.C. 552, will be summaries, set forth in sections (A), (B), 6. For these reasons, the proposed rule available for inspection and copying in and (C) below, of the most significant change is consistent with Section 17A of the Commission’s Public Reference aspects of these statements. the Act in general and with Section Section, 450 Fifth Street NW., 17A(b)(3)(F) of the Act specifically in Washington, DC 20549. Copies of such 1 A copy of the text of SCCP’s proposed rule change and the attached exhibit are available at the that it is designed to promote the filing also will be available for Commission’s Public Reference Section or through prompt and accurate clearance and inspection and copying at the principal SCCP. settlement of securities transactions and office of SCCP. All submissions should
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refer to File No. SR–SCCP–01–02 and The interest rates are: Percent should be submited by April 25, 2001. Percent Others (Including Non-Profit Or- For the Commission by the Division of ganizations) With Credit Market Regulation, Pursuant to delegated For Physical Damage: Available Elsewhere ...... 7.000 authority. Homeowners With Credit Avail- For Economic Injury: Margaret H. McFarland, able Elsewhere ...... 7.000 Businesses and Small Agricul- Deputy Secretary. Homeowners Without Credit tural Cooperatives Without [FR Doc. 01–8273 Filed 4–3–01; 8:45 am] Available Elsewhere ...... 3.5000 Credit Available Elsewhere ... 4.000 Businesses With Credit Avail- BILLING CODE 8010–01–M able Elsewhere ...... 8.000 Businesses and Non-Profit Or- The number assigned to this disaster ganizations Without Credit for physical damage is 332605. The SMALL BUSINESS ADMINISTRATION Available Elsewhere: ...... 4.000 number assigned to this disaster for Others (Including Non-Profit Or- economic injury is 9L3000. [Declaration of Economic Injury Disaster ganizations) With Credit #9K78] Available Elsewhere: ...... 7.000 (Catalog of Federal Domestic Assistance For Economic Injury: Program Nos. 59002 and 59008) State of Florida; (Amendment #1) Businesses and Small Dated: March 29, 2001. The above numbered declaration is Africultural Cooperatives Without Credit Available Else- John Whitmore, hereby amended to include Nassau, where: ...... 4.000 Acting Administrator. Taylor and Walton Counties and the [FR Doc. 01–8221 Filed 4–3–01; 8:45 am] contiguous counties of Baker, Bay, The number assigned to this disaster BILLING CODE 8025–01–U Dixie, Duval, Holmes, Jefferson, for physical damage is 332506. The Lafayette, Madison, Okaloosa and number assigned to this disaster for Washington in the State of Florida; economic injury is 9L2900. SMALL BUSINESS ADMINISTRATION Covington and Geneva in the State of Alabama; and Camden and Charlton in (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) Small Business Investment Company; the State of Georgia as an economic Computation of Alternative Maximum Dated: March 27, 2001. injury disaster loan area due to freezing Annual Cost of Money to Small John Whitmore, temperatures. Businesses The number assigned for economic Acting Administrator. injury is 9L2400 for Alabama, and [FR Doc. 01–8223 Filed 4–3–01; 8:45 am] 13 CFR 107.855 limits the maximum 9L2500 for Georgia. BILLING CODE 8025–01–U annual Cost of Money (as defined in 13 All other information remains the CFR § 107.50) that may be imposed same, i.e., applications for economic upon a Small Business in connection injury may be filed until November 13, SMALL BUSINESS ADMINISTRATION with Financing by means of Loans or 2001. through the purchase of Debt Securities. (Catalog of Federal Domestic Assistance [Declaration of Disaster #3326] The cited regulation incorporates the Program No. 59002.) State of South Carolina term ‘‘Debenture Rate’’, which is Dated: March 26, 2001. defined in 13 CFR § 107.50 as the John Whitmore, Charleston County and the contiguous interest rate, as published from time to Acting Administrator. counties of Berkeley, Colleton, time in the Federal Register by SBA, for [FR Doc. 01–8222 Filed 4–3–01; 8:45 am] Dorchester and Georgetown constitute a ten year debentures issued by Licensees BILLING CODE 8025–01–U disaster area due to damages caused by and funded through public sales of a fire that occurred on February 21, certificates bearing SBA’s guarantee. 2001. Applications for loans for Accordingly, Licensees are hereby SMALL BUSINESS ADMINISTRATION physical damage may be filed until the notified that effective the date of close of business on May 29, 2001 and [Declaration of Disaster #3325] publication of this Notice, and until for economic injury until the close of further notice, the Debenture Rate, plus State of Illinois business on December 31, 2001 at the address listed below or other locally the 1 percent annual fee which is added Henry County and the contiguous announced locations: U.S. Small to this Rate to determine a base rate for counties of Bureau, Knox, Mercer, Rock Business Administration, Disaster Area computation of maximum Cost of Island, Stark, and Whiteside constitute 2 Office, One Baltimore Place, Suite Money, is 7.353 percent per annum. a disaster area due to damages caused 300, Atlanta, GA 30308. 13 CFR 107.855 does not supersede or by flooding that occurred on February The interest rates are: preempt any applicable law imposing 26, 2001 and continued through March an interest ceiling lower than the ceiling 3, 2001. Applications for loans for Percent imposed by its own terms. Attention is physical damage as a result of this directed to Section 308(i) of the Small disaster may be filed until the close of For Physical Damage: Homeowners With Credit Avail- Business Investment Act of 1958, as business on May 29, 2001 and for amended, regarding that law’s Federal economic injury until the close of able Elsewhere ...... 7.000 Homeowners Without Credit override of State usury ceilings, and to business on December 31, 2001 at the Available Elsewhere ...... 3.500 its forfeiture and penalty provisions. address listed below or other locally Businesses With Credit Avail- announced locations: U.S. Small able Elsewhere ...... 8.000 (Catalog of Federal Domestic Assistance Business Administration, Disaster Area Businesses and Non-Profit Or- Program No. 59.011, small business 2 Office, One Baltimore Place, Suite ganizations Without Credit investment companies) 300, Atlanta, GA 30308. Available Elsewhere ...... 4.000
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Dated: March 29, 2001. Administration, Room 3–C–2 specific beneficiaries under the Ticket Harry E. Haskins, Operations Building, 6401 Security Program. This information will be Acting Associate Administrator for Boulevard, Baltimore, Maryland 21235– housed under both the EN’s employer Investment. 6401, telephone (410) 965–3677. identification number and each [FR Doc. 01–8224 Filed 4–3–01; 8:45 am] SUPPLEMENTARY INFORMATION: beneficiary’s ticket number, which BILLING CODE 8025–01–U essentially represents the social security I. Background and Purpose of the number. Additional information Proposed New System of Records, the collected will include the type, amount Ticket-to-Work and Self-Sufficiency SOCIAL SECURITY ADMINISTRATION and date of the payments made, as well Program Payment Database, 60–0295 as EN payment requests that are denied. Privacy Act of 1974, as Amended; New and Proposed Alterations to Existing II. Proposed Routine Use Disclosures of System of Records; New Routine Use System of Records, the Completed Data Maintained in the Proposed New Disclosures; and Alterations to Determination Record—Continuing System of Records, the Ticket-to-Work Existing System of Records Disability Determination, 60–0050 and Self-Sufficiency Program Payment A. General Background AGENCY: Social Security Administration Database On December 17, 1999, the President (SSA). A. Proposed Routine Use Disclosures ACTION: New system of records, signed into law the Ticket-to-Work and proposed routine uses and alterations to Work Incentives Improvement Act of We are proposing to establish routine existing system of records. 1999, Public Law 106–170. Section uses of information that will be 101(a) of this law amended title XI of maintained in the proposed new system SUMMARY: In accordance with the the Social Security Act (the Act) by as discussed below. Privacy Act (5 U.S.C. 552a(e)(4) and adding section 1148, which provides for 1. To the Office of the President for (e)(11)), we are issuing public notice of the establishment of the Ticket-to-Work the purpose of responding to an our intent to: and Self-Sufficiency Program (Ticket individual pursuant to an inquiry (1) Establish a new system of records, Program). The Ticket Program provides received from that individual or from a the Ticket-to-Work and Self-Sufficiency that certain title II and title XVI Social third party on his or her behalf. We will Program Payment Database, and routine Security beneficiaries with disabilities disclose information under this routine uses applicable to this system, and will receive a Ticket they can use to use only in situations in which an (2) Alter an existing system of records, obtain employment services, vocational individual may contact the Office of the the Completed Determination Record- rehabilitation services or other support President, seeking that office’s Continuing Disability Determinations, services from an employment network assistance in a SSA matter on his or her 60–0050. (EN) which is of the beneficiary’s choice behalf. Information would be disclosed The proposed new system of records and which is willing to provide such when the Office of the President makes and the altered system will maintain services to the beneficiary. an inquiry and presents evidence that information collected for use in In order to implement and administer the office is acting on behalf of the connection with SSA’s implementation this program SSA must collect and individual whose record is requested. of the Ticket-to-Work and Work maintain personal identifiable 2. To a congressional office in Incentives Improvement Act of 1999, information about SSA title II and title response to an inquiry from that office Public Law 106–170. We invite public XVI beneficiaries with disabilities who made at the request of the subject of a comment on these proposals. are participating in the Ticket Program. record. We will disclose information DATES: We filed a report of the proposed SSA’s maintenance of this information under this routine use only in situations new systems of records and proposed requires an alteration to an existing in which an individual may ask his/her altered system with the Chairman of the system of records and to establish a new congressional representative to Senate Governmental Affairs system of records under the Privacy Act. intercede in an SSA matter on his or her Committee, the Chairman of the House Information about the participants for behalf. Information would be disclosed Reform and Oversight Committee, and the Ticket program will be maintained when the congressional representative the Director, Office of Information and in a new system of records entitled, the makes an inquiry and presents evidence Regulatory Affairs, Office of Ticket-to-Work and Self-Sufficiency that he or she is acting on behalf of the Management and Budget (OMB) on Program Payment Database, and in an individual whose record is requested. March 28, 2001. We also requested OMB existing system of records entitled, the 3. To student volunteers and other to waive the 40-day advance notice Completed Determination Record— workers, who technically do not have requirements for the system. If OMB Continuing Disability Determination. the status of Federal employees, when does not grant the waiver we will not they are performing work for SSA as B. Collection and Maintenance of Data authorized by law, and they need access implement the proposal before May 7, for the Proposed New System of 2001. to personally identifiable information in Records, the Ticket-to-Work and Self- SSA records in order to perform their ADDRESSES: Interested individuals may Sufficiency Program Payment Database assigned Agency functions. Under comment on this publication by writing The information that will be certain Federal statutes, SSA is to the SSA Privacy Officer, Social maintained in the Ticket-to-Work and authorized to use the services of Security Administration, 3–A–6 Self-Sufficiency Program Payment volunteers and participants in certain Operations Building, 6401 Security Database will be collected from the educational, training, employment and Boulevard, Baltimore, Maryland 21235. Program Manager (PM) and SSA community service programs. Examples All comments received will be available regarding claims for payment made by of such statutes and programs are: 5 for public inspection at the above ENs for specific beneficiaries. U.S.C. 3111 regarding student address. Specifically, the Ticket-to-Work and volunteers and 42 U.S.C. 2753 regarding FOR FURTHER INFORMATION CONTACT: Ms. Self-Sufficiency Program Payment the College Work Study Program. We Pamela McLaughlin, Social Insurance Database will maintain payments contemplate disclosing information Specialist, Social Security requested by and made to ENs for under this routine use only when SSA
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uses the services of these individuals, this routine use unless disclosure is include title II and title XVI disability and they need access to information in expressly permitted by the IRC. We will beneficiaries who have been selected to this system to perform their assigned disclose information under this routine receive a Ticket as part of the Ticket-to- duties. use only as necessary to enable DOJ, a Work Self-Sufficiency Program; 4. Disclosure to contractors and other court, or other tribunal, to effectively • Expanding the categories of records Federal agencies, as necessary, for the defend SSA, its components or maintained in the system to indicate purpose of assisting SSA in the efficient employees in litigation involving the Ticket eligibility, receipt, assignment administration of its programs. We will proposed system of records. 7. and use, alleged and verified earnings disclose information under this routine Information may be disclosed to State or and other work-related information and use only in situations in which SSA Private alternate providers having an suspension of continuing disability may enter into a contractual agreement approved business arrangement with determinations; or similar agreement with a third party SSA to perform vocational rehabilitation • Expanding the ‘‘Purpose(s)’’ for to assist in accomplishing an agency services for SSA disability beneficiaries which the system is used to include function relating to this system of and recipients. record information related to the records. This proposed routine use would administration and evaluation of the 5. Non-tax return information which permit us to disclose information from Ticket-to-Work Self-Sufficiency is not restricted from disclosure by the proposed system for the purpose of Program; and federal law may be disclosed to the assisting beneficiaries/recipients to • Expanding the routine uses of General Services Administration (GSA) participate in vocational rehabilitation. records maintained in the system to and the National Archives and Records include disclosure to the Secretary of Administration (NARA) under 44 U.S.C. B. Compatibility of Proposed Routine Health and Human Services (HHS) and Sec. 2904 and Sec. 2906, as amended by Uses to contractors for the purpose of NARA Act of 1984, for the use of those The Privacy Act (5 U.S.C. 552a(b)(3)) assisting SSA in the administration and agencies in conducting records and our disclosure regulations (20 CFR evaluation of the Ticket-to-Work and management studies. The Administrator part 401) permit us to disclose Self-Sufficiency Program; and of GSA and the Archivist of NARA are information under a published routine • Making other ‘‘housekeeping’’ charged by 44 U.S.C. Sec. 2904 with use for a purpose which is compatible changes throughout the systems notice. promulgating standards, procedures and with the purpose for which we collected III. Records Storage Medium and guidelines regarding records the information. Section 401.150(c) of Safeguards for the Proposed New management and conducting records the regulations permits us to disclose System, the Ticket-to-Work and Self- management studies. Section 2906 of information under a routine use where Sufficiency Program Payment Database that law, also amended by the NARA necessary to assist in carrying out SSA and Proposed Alterations to Existing Act of 1984, provides that GSA and programs. Section 401.120 of the System of Records, the Completed NARA are to have access to federal regulations provides that we will Determination Record—Continuing agencies’ records and that agencies are disclose information when a law Disability Determinations to cooperate with GSA and NARA. In specifically requires the disclosure. The carrying out these responsibilities, it proposed routine uses numbered 1–7 We will maintain information about may be necessary for GSA and NARA to above will ensure efficient the Ticket Program in the proposed new have access to this proposed system of administration and evaluation of the system of records and the altered system records. In such instances, the routine Ticket-to-Work Program; the disclosures in electronic form, computer data use will facilitate disclosure. that would be made under routine use systems and paper form. Only 6. To the Department of Justice (DOJ), number 5 are required by Federal law. authorized SSA personnel who have a a court, or other tribunal, or another Thus, all of the routine uses are need for the information in the party before such tribunal when: appropriate and meet the relevant performance of their official duties will (a) SSA, or any component thereof; or statutory and regulatory criteria. be permitted access to the information. (b) Any SSA employee in his/her Security measures include the use of official capacity; or C. Proposed Alterations to the Existing access codes to enter the computer (c) Any SSA employee in his/her System of Records, the Completed systems that will maintain the data and individual capacity where DOJ (or SSA Determination Record—Continuing storage of the computerized records in where it is authorized to do so) has Disability Determinations, 60–0050 secured areas that are accessible only to agreed to represent the employee; or The Completed Determination employees who require the information (d) The United States or any agency Record—Continuing Disability in performing their official duties. Any thereof where SSA determines that the Determinations System contains manually maintained records will be litigation is likely to affect the information pertaining to allowed kept in locked cabinets or in otherwise operations of SSA or any of its disability claimants on which a secure areas. Also, all entrances and components, is a party to litigation or continuing disability issue has occurred exits to SSA buildings and related has an interest in such litigation, and and a decision of continuance or facilities are patrolled by security SSA determines that the use of such cessation has been approved. We are guards. records by DOJ, a court, or other altering this system to add information Contractor personnel having access to tribunal is relevant and necessary to the pertaining to title II and title XVI data in the proposed new system of litigation, provided, however, that in beneficiaries with disabilities who have records and the altered system of each case, SSA determines that such been selected to receive a Ticket as part records along with contractor personnel disclosure is compatible with the of the Ticket Program. involved in the evaluation of the Ticket purpose for which the records were Specifically, we are altering the Program will be required to adhere to collected. Completed Determination Record— SSA rules concerning safeguards, access Wage and other information which Continuing Disability Determinations and use of the data. Specifically, the PM are subject to the disclosure provisions systems notice as follows: will maintain the data in their data of the Internal Revenue Code (IRC) (26 • Expanding the categories of center, access to which will be restricted U.S.C. 6103) will not be disclosed under individuals covered by the system to to those with electronic proximity cards.
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Access to the data files is further CATEGORIES OF RECORDS IN THE SYSTEM: SSA records in order to perform their restricted by use of a three-tiered The information maintained in this assigned Agency functions. password which allows access (1) to the system of records is collected from title 4. Disclosure to contractors and other system; (2) to the specific application; II and title XVI disability beneficiaries Federal agencies, as necessary, for the and (3) to the specific portion where the and from other systems of records purpose of assisting SSA in the efficient Ticket-to-Work Self-Sufficiency Program maintained by SSA. Specifically, it will administration of its programs. Payment Database is stored. Further, contain the beneficiaries’ name, ticket 5. Non-tax return information which this data will be stored on a secure number (which represents the SSN), is not restricted from disclosure by server separate from other health benefit payments requested by and made to federal law may be disclosed to the information the contractor maintains. employment networks (ENs) for specific General Services Administration (GSA) SSA personnel having access to the beneficiaries under the Ticket Program. and the National Archives and Records data on these systems will be informed This information will be housed under Administration (NARA) under 44 U.S.C. of the criminal penalties of the Privacy both the EN’s employer identification Sec. 2904 and Sec. 2906, as amended by Act for unauthorized access to or number (EIN) and each beneficiary’s NARA Act of 1984, for the use of those disclosure of information maintained in ticket number (SSN). Additional records agencies in conducting records these systems. See 5 U.S.C. 552a(i)(1). will include: type, amount and date of management studies. the payments made, as well as EN 6. To the Department of Justice (DOJ), IV. Effect of the Proposed New System payment requests that are denied. a court or other tribunal, or another of Records, the Ticket-to-Work and party before such tribunal when: Self-Sufficiency Program Payment AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (a) SSA, or any component thereof; or Database and Proposed Alterations to Section 1148 of the Social Security (b) Any SSA employee in his/her Existing System of Records, the Act. official capacity; or Completed Determination Record— (c) Any SSA employee in his/her PURPOSE: Continuing Disability Determinations, individual capacity where DOJ (or SSA on the Rights of Individuals Information in this system of records where it is authorized to do so) has will be used by SSA to implement and The proposed new system and altered agreed to represent the employee; or administer the Ticket-to-Work Program system of records will maintain only (d) The United States or any agency under section 1148 of the Act. that information that is relevant to the thereof where SSA determines that the Information in this system of records implementation, administration and litigation is likely to affect the will also be used to produce evaluation of section 1148 of the Act. operations of SSA or any of its management information and program There are existing security standards components, evaluation data and reports providing that protect access to and disclosure of such information as: is a party to litigation or has an interest in records in the existing system as well as such litigation, and SSA determines that the the proposed new system. Therefore, we • Number and classification of beneficiaries use of such records by DOJ, the court, or being served by ENs. other tribunal is relevant and necessary to the do not anticipate that the proposed • system of records and the alteration to Number and classification of beneficiaries litigation, provided, however, that in each with increased work activity. case, SSA determines that such disclosure is existing system of records will have an • Classifications of ENs providing service. unwarranted adverse effect on the rights compatible with the purpose for which the • Type of payments requested. records were collected. of individuals. • Amount of payments requested. • Wage and other information which Dated: March 28, 2001. Type of payments made. • Amount of payments made. are subject to the disclosure provisions William A. Halter, • Disposition of payment requests. of the IRC (26 U.S.C. 6103) will not be Acting Commissioner of Social Security. disclosed under this routine use unless ROUTINE USES OF RECORDS MAINTAINED IN THE disclosure is expressly permitted by the 60–0295 SYSTEM, INCLUDING CATEGORIES OF USERS AND IRC. THE PURPOSES OF SUCH USES: SYSTEM NAME: 7. Information may be disclosed to Disclosures may be made for routine State or private alternate providers Ticket-to-Work and Self-Sufficiency uses as indicated below. However, Program Payment Database. having an approved business disclosure of any information arrangement with SSA to perform SECURITY CLASSIFICATION: constituting ‘‘returns or return vocational rehabilitation services for None. information’’ within the scope of the SSA disability beneficiaries and Internal Revenue Code (IRC) will not be recipients. SYSTEM LOCATION: disclosed unless disclosure is Social Security Administration, Office authorized by that statute. POLICIES AND PRACTICES FOR STORING, of Systems Operations, 6401 Security 1. To the Office of the President for RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: Boulevard, Baltimore, MD 21043. the purpose of responding to an individual pursuant to an inquiry STORAGE: CONTRACTOR SITES: received from that individual or from a Data are stored in electronic and Addresses may be obtained by writing third party on his or her behalf. paper form. to the system manager(s) at the address 2. To a congressional office in below. response to an inquiry from that office RETRIEVABILITY: made at the request of the subject of a Records in this system are retrieved CATEGORIES OF INDIVIDUALS COVERED BY THE record. by name and SSN of the beneficiary, the SYSTEM: 3. To student volunteers and other employer identification number and the All title II and title XVI disability workers, who technically do not have name of the employment network (EN). beneficiaries who are eligible to receive the status of Federal employees, when a Ticket under the Ticket-to-Work they are performing work for SSA as SAFEGUARDS: program and individuals who have been authorized by law, and they need access Only authorized SSA personnel who placed on inactive status. to personally identifiable information in have a need for the information in the
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performance of their official duties will identification documents sufficient to obtained from SSA, Employment be permitted access to the information. establish his/her identity, the individual Networks and Program Managers. Security measures include the use of must certify in writing that he/she is the Records from this system are also access codes to enter the database and person claimed to be and that he/she derived from the Supplemental Security storage of the electronic records in understands that the knowing and Income Record and Special Veterans secured areas that are accessible only to willful request for, or acquisition of, a Benefits (SVB), 60–0103, Master employees who require the information record pertaining to another individual Beneficiary Record, 60–0090, and the in performing their official duties. Any under false pretenses is a criminal Completed Determination Record— manually maintained records will be offense. Continuing Disability Determinations, kept in locked cabinets or in otherwise If notification is requested by 60–0050. secure areas. Also, all entrances and telephone, an individual must verify exits to SSA buildings and related his/her identity by providing identifying SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: facilities are patrolled by security information that parallels the record to guards. which notification is being requested. If None. Contractor personnel having access to it is determined that the identifying 60–0050 data in the systems of records and information provided by telephone is contractor personnel involved in the insufficient, the individual will be SYSTEM NAME: evaluation of the Ticket Program will be required to submit a request in writing Completed Determination Record— required to adhere to SSA rules or in person. If an individual is Continuing Disability Determinations, concerning safeguards, access and use of requesting information by telephone on HHS/SSA/OP. the data. Specifically, the contractor behalf of another individual, the subject will maintain the data in their data individual must be connected with SSA SECURITY CLASSIFICATION: center, access to which will be restricted and the requesting individual in the None. to those with electronic proximity cards. same phone call. SSA will establish the Access to the data files is further subject individual’s identity (his/her SYSTEM LOCATION: restricted by use of a three-tiered name, SSN, address, date of birth and Social Security Administration, Office password which allows access to: (1) place of birth along with one other piece of Systems Operations, 6401 Security The system; (2) the specific application; of information such as mother’s maiden Boulevard, Baltimore, MD 21235 and (3) the specific portion where the name) and ask for his/her consent in Ticket-to-Work and Self-Sufficiency providing information to the requesting CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Program Payment Database is stored. individual. Further, this data will be stored on a If a request for notification is This file contains a record on allowed secure server separate from other health submitted by mail, an individual must disability claimants on which a benefit information the contractor include a notarized statement to SSA to continuing disability issue has occurred maintains. verify his/her identity or must certify in and a decision of continuance or the request that he/she is the person cessation has been approved. This file RETENTION AND DISPOSAL: claimed to be and that he/she also covers title II and title XVI Payment and management understands that the knowing and disability beneficiaries who have been information maintained in this system willful request for, or acquisition of, a selected to receive a Ticket-to-Work as are retained 10 years or until it is record pertaining to another individual part of the Ticket-to-Work and Self- determined that they are no longer under false pretenses is a criminal Sufficiency Program. needed. Means of disposal is offense. These procedures are in CATEGORIES OF RECORDS IN THE SYSTEM: appropriate to storage medium (e.g., accordance with SSA Regulations (20 deletion of individual records from the CFR 401.40). Name and social security number electronic site when appropriate or (SSN) of the individual and other data shredding of paper records that are RECORD ACCESS PROCEDURES: such as date of birth, district office and produced from the system). Same as notification procedures. state agency code, date disability began, Requesters also should reasonably type of claim, reason for reopening, SYSTEM MANAGER AND ADDRESS: specify the record contents they are continuance or cessation code, date of Associate Commissioner, Office of seeking. These procedures are in termination (if applicable), date of Systems Operations, 6401 Security accordance to SSA Regulations (20 CFR completion, etc. In addition, data Boulevard, Baltimore, MD 21235. 401.50). related to the Ticket-to-Work program such as Ticket eligibility, receipt, NOTIFICATION PROCEDURE: CONTESTING RECORD PROCEDURES: assignment and use, alleged and verified An individual can determine if this Same as notification procedures. earnings and other work-related system contains a record about him/her Requesters should also reasonably information and suspension of by writing to the systems manager(s) at identify the record, specify the continuing disability determinations. the above address and providing his/her information they are contesting and name, SSN or other information that state the corrective action sought and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: may be in the system of records that will the reasons for the correction with Sections 221 and 1148 of the Act. identify him/her. An individual supporting justification showing how PURPOSE(S): requesting notification of records in the record is untimely, incomplete, person should provide the same inaccurate or irrelevant. These This system is used to (1) record the information, as well as provide an procedures are in accordance with SSA result of continuing disability identity document, preferably with a Regulations (20 CFR 401.65). investigations; and (2) record photograph, such as a driver’s license or information related to the some other means of identification, such RECORD SOURCE CATEGORIES: administration and evaluation of the as a voter registration card, credit card, Data contained in the Ticket-to-Work Ticket-to-Work and Self-Sufficiency etc. If an individual does not have any Self-Sufficiency Program Database are Program.
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ROUTINE USES OF RECORDS MAINTAINED IN THE disclosure is expressly permitted by the address shown above and furnishing his SYSTEM, INCLUDING CATEGORIES OF USERS AND IRC. or her name, SSN, approximate date and THE PURPOSES OF SUCH USES: 6. To student volunteers and other place claim was file, type of claim (DI, Disclosure may be made for routine workers, who technically do not have BL, or SSI), and return address. uses as indicated below. However, the status of Federal employees, when (Furnishing the SSN is voluntary, but it disclosure of any information they are performing work for SSA as will make searching for an individual’s constituting ‘‘returns or return authorized by law, and they need access record easier and avoid delay.) information’’ within the scope of the to personally identifiable information in An individual requesting notification Internal Revenue Code (IRC) will not be SSA records in order to perform their of records in person should provide the disclosed unless disclosure is assigned Agency functions. same information, as well as provide an authorized by that statute. 7. The Commissioner shall disclose to identity document, preferably with a 1. To a congressional office in the Secretary of Health and Human photograph, such as a driver’s license or response to an inquiry from the office Services, or to any State, any record or some other means of identification, such made at the request of the subject of a information requested in writing by the as a voter registration card, credit card, record. Secretary to be so disclosed for the etc. If an individual does not have any 2. To the Internal Revenue Service, as purpose of administering any program identification documents sufficient to necessary, for the purpose of auditing administered by the Secretary, if records establish his/her identity, the individual SSA’s compliance with the safeguard or information of such type were so must certify in writing that he/she is the provisions of the IRC of 1986, as disclosed under applicable rules, person claimed to be and that he/she amended. regulations and procedures in effect understands that the knowing and 3. Information may be disclosed to before the date of enactment of the willful request for, or acquisition of, a contractors and other Federal agencies, Social Security Independence record pertaining to another individual as necessary, for the purpose of assisting Improvements Act of 1994. under false pretenses is a criminal SSA in the efficient administration of its 8. To contractors for the purpose of offense. programs. We contemplate disclosing assisting SSA in the efficient If notification is requested by information under this routine use only administration and evaluation of the telephone, an individual must verify in situations in which SSA may enter Ticket-to-Work and Self-Sufficiency his/her identity by providing identifying into a contractual or similar agreement Program. (These contractors would be information that parallels the record to with a third party to assist in limited to the Program Manager, which which notification is being requested. If accomplishing an agency function is directly assisting SSA in it is determined that the identifying relating to this system of records. administering the Ticket program, and information provided by telephone is 4. Non-tax return information which to Employment Networks, which are insufficient, the individual will be required to submit a request in writing is not restricted from disclosure by providing services to SSA beneficiaries or in person. If an individual is Federal law may be disclosed to the under the Ticket program.) requesting information by telephone on General Services Administration (GSA) POLICIES AND PRACTICES FOR STORING, behalf of another individual, the subject and the National Archives and Records RETRIEVING, ACCESSING, RETAINING, AND individual must be connected with SSA Administration (NARA) for the purpose DISPOSING OF RECORDS IN THE SYSTEM: and the requesting individual in the of conducting records management STORAGE: same phone call. SSA will establish the studies with respect to their duties and subject individual’s identity (his/her responsibilities under 44 U.S.C. 2904 Records are maintained in magnetic name, SSN, address, date of birth and and 2906, as amended by NARA Act of media (e.g., magnetic tapes). place of birth along with one other piece 1984. RETRIEVABILITY: of information such as mother’s maiden 5. To the Department of Justice (DOJ), The records are retrieved by the SSN. name) and ask for his/her consent in a court or other tribunal, or another providing information to the requesting SAFEGUARDS: party before such tribunal when: individual. (a) SSA, or any component thereof; or Only authorized personnel having a If a request for notification is (b) Any SSA employee in his/her need for this information in the submitted by mail, an individual must official capacity; or performance of their official duties have include a notarized statement to SSA to (c) Any SSA employee in his/her access to this data under stringent verify his/her identity or must certify in individual capacity where DOJ (or SSA security measures involving guards, the request that he/she is the person where it is authorized to do so) has building passes and photographs, etc. claimed to be and that he/she agreed to represent the employee; or (See Appendix G to this publication for understands that the knowing and (d) The United States or any agency additional information relating to willful request for, or acquisition of, a thereof where SSA determines that the safeguards SSA employs to protect record pertaining to another individual litigation is likely to affect the personal information.) under false pretenses is a criminal operations of SSA or any of its RETENTION AND DISPOSAL: offense. These procedures are in components, accordance with SSA Regulations (20 The records are maintained CFR 401.40). is a party to litigation or has an interest in indefinitely. such litigation, and SSA determines that the An individual who requests access to use of such records by the litigation, SYSTEM MANAGER(S) AND ADDRESS: his or her medical records shall be given provided, however, that in each case, SSA SSA Privacy Officer, Social Security direct access to those records unless determines that such disclosure is SSA determines that it is likely that compatible with the purpose for which the Administration, 6401 Security Boulevard, Baltimore, Maryland 21235. direct access would adversely affect the records were collected. individual. If SSA determines that Wage and other information which NOTIFICATION PROCEDURE: direct access to the medical record(s) are subject to the disclosure provisions An individual can determine if this would adversely affect the individual, of the IRC (26 U.S.C. 6103) will not be system contains a record about him/her he or she must designate a responsible disclosed under this routine use unless by contacting the system manager at the representative who is capable of
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explaining the contents of the medical current industry practices and Procedural record(s) to him or her and who would procedures involving the introduction The meeting is open to the public. be willing to provide the entire record(s) of pressurized nitrogen gas from Please note that the meeting may close to the individual. These procedures are waterfront facilities to a marine vessel’s early if all business is finished. All in accordance with SSA Regulations (20 cargo tanks during inerting, padding, attendees at the meeting are encouraged CFR 401.55). purging, and line clearing operations. to fully review the Subcommittee’s task A parent or guardian who requests As a result of this meeting, and statement prior to the meeting. Copies of notification of or access to a minor’s subsequent meetings as deemed the Subcommittee’s task statement can medical record shall at the time he or necessary by the chairman, this be obtained from Lieutenant Michael she makes the request designate a Subcommittee will develop McKean, telephone 202–267–0087, fax physician or other health professional recommendations to prevent the 202–267–4570. It is also available from (other than a family member) who is occurrence of cargo tank the CTAC Internet Website at: capable of explaining the contents of the overpressurization incidents. This www.uscg.mil/hq/g-m/advisory/ctac. At medical record(s) to him or her and who meeting will be open to the public. the discretion of the Subcommittee would be willing to provide the entire DATES: The Subcommittee will meet on Chair, members of the public may make record(s) to the individual. These Tuesday, April 24, 2001, from 9:00 a.m. oral presentations during the meeting. If procedures are in accordance with SSA to 4:30 p.m. and on Wednesday, April you would like to make an oral Regulations (20 CFR 401.55). 25, 2001, from 8:30 a.m. to 12:00 p.m. presentation at the meeting, please This meeting may close early if all RECORD ACCESS PROCEDURES: notify the Coast Guard Technical business is finished. Written material Representative to the Subcommittee and Same as notification procedures. Also, and requests to make oral presentations submit written material on or before requesters should reasonably specify the should reach the Coast Guard on or April 16, 2001. If you would like a copy record contents they are seeking. before April 16, 2001. Requests to have of your material distributed to each a copy of your material distributed to CONTESTING RECORD PROCEDURES: member of the Subcommittee in each member of the Subcommittee Same as notification procedures. Also, advance of a meeting, please submit 25 should reach the Coast Guard on or copies to the Coast Guard Technical requesters should reasonably identify before April 16, 2001. the record, specify the information they Representative to the Subcommittee no ADDRESSES: The Subcommittee will later than April 16, 2001. are contesting and state the corrective meet at the Stolt-Nielsen Transportation action sought and the reasons for the Group Ltd., 15635 Jacintoport Blvd., Information on Services for Individuals correction with supporting justification Houston, Texas. Send written material With Disabilities showing how the record is incomplete, and requests to make oral presentations For information on facilities or untimely, inaccurate or irrelevant. to Lieutenant Michael McKean, Coast services for individuals with These procedures are in accordance Guard Technical Representative for the disabilities, or to request special with SSA Regulations (20 CFR 401.65). Subcommittee, Commandant (G-MSO– assistance at the meeting, contact the RECORD SOURCE CATEGORIES: 3), U.S. Coast Guard Headquarters, 2100 Deputy Assistant to the Executive Second Street SW., Washington, DC These records summarize information Director of CTAC as soon as possible. 20593–0001. contained in the claims folder which Dated: March 27, 2001. FOR FURTHER INFORMATION CONTACT: was obtained from the individual or Howard L. Hime, Lieutenant Michael McKean, Deputy someone acting on the individual’s Acting Director of Standards, Marine Safety behalf and from this individual’s Assistant to the Executive Director of and Environmental Protection. CTAC, telephone 202–267–0087, fax physician or a physician performing a [FR Doc. 01–8185 Filed 4–3–01; 8:45 am] 202–267–4570. consultative examination or from BILLING CODE 4910–15–U hospitals and other treatment sources. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Advisory Committee Act, 5 U.S.C. App. DEPARTMENT OF TRANSPORTATION OF THE PRIVACY ACT: 2. None. Agenda of Meeting Federal Aviation Administration [FR Doc. 01–8262 Filed 4–3–01; 8:45 am] The agenda of the CTAC Agency Information Collection Activity BILLING CODE 4191–02–P Subcommittee on Cargo Tank Under OMB Review Overpressurization includes the following: AGENCY: Federal Aviation DEPARTMENT OF TRANSPORTATION (1) Introduction of Subcommittee Administration (FAA), DOT. members and attendees. ACTION: Notice. Coast Guard (2) Brief overview of Subcommittee SUMMARY: In compliance with the [USCG–2001–9254] tasking and desired outcome. (3) Definition of technical terms. Paperwork Reduction Act of 1995 (44 Chemical Transportation Advisory (4) Review of current statutory U.S.C. 3501 et seq.), this notice Committee requirements. announces that the Information (5) Review of inerting, purging, Collection Request (ICR) abstracted AGENCY: Coast Guard, DOT. padding, and line clearing operations. below has been forwarded to the Office ACTION: Notice of meeting. (6) Identification of risk factors that of Management and Budget (OMB) for cause overpressurization. extension of a currently approved SUMMARY: The newly formed (7) Review of existing guidance, collection. The ICR describes the nature Subcommittee of the Chemical literature search tasking, and of the information collection and the Transportation Advisory Committee identification of best practices. expected burden. The Federal Register (CTAC) on Vessel Cargo Tank (8) Discussion of final product format Notice with a 60-day comment period Overpressurization will meet to review and plan for future work. soliciting comments on the following
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collection of information was published DEPARTMENT OF TRANSPORTATION the normal coordination process or the on 12/28/2000, page 82454. public rulemaking procedures. Federal Aviation Administration DATES: Comments must be submitted on The advisory committee consists of or before May 4, 2001. A comment to twelve members, nine of whom have Notice of Establishment of the Aircraft been appointed by the Administrator, as OMB is most effective if OMB receives Repair and Maintenance Advisory it within 30 days of publication. follows: Committee (a) Three representatives of labor FOR FURTHER INFORMATION CONTACT: Judy organizations representing aviation Street on (202) 267–9895. AGENCY: Federal Aviation Administration (FAA), DOT. mechanics SUPPLEMENTARY INFORMATION: ACTION: Notice. (b) One representative of cargo air Federal Aviation Administration (FAA) carriers SUMMARY: This notice announces the (c) One representative of passenger air Title: Airport Security (14 CFR part establishment of the FAA Aircraft carriers 107). Repair and Maintenance Advisory (d) One representative of aircraft Type of Request: Extension of a Committee. repair facilities (e) One representative of aircraft currently approved collection. FOR FURTHER INFORMATION CONTACT: OMB Control Number: 2120–0075. Ellen Bowie, Federal Aviation manufacturers (f) One representative of on-demand Forms: FAA Forms 1650–7 and 1650– Administration (AFS–340), 800 passenger air carriers and corporate 8. Independence Avenue, SW, aircraft operations; and Affected Public: 465 Regulated Washington, DC 20591; phone (202) (g) One representative of regional Airport Operators. 267–9952; fax (202) 367–5115; e-mail: passenger air carriers. Abstract: 14 CFR part 107, Airport [email protected]. The remaining three positions on the Security, implements the provisions of SUPPLEMENTARY INFORMATION: the Public Law 103–272 and the advisory committee consist of a Aviation Security Improvement Act that Background representative from the Department of relate to security of persons and Commerce, designated by the Secretary On July 27, 2000, a notice was of Commerce, a representative from the property at airports operating in published in the Federal Register, commercial air transportation. Airport Department of State, designated by the 65FR46192, announcing the FAA’s Secretary of State, and one security programs, training records, intent to establish an Aircraft Repair screenings, bomb threats, and arrest representative from the Federal Aviation and Maintenance Advisory Committee. Administration, designated by the reports are needed to ensure protection The advisory committee was mandated of persons and property in air Administrator. by the Wendell H. Ford Aviation Meetings of the Aircraft Repair and transportation against acts of criminal Investment and Reform Act for the 21st Maintenance Advisory Committee will violence to ensure passenger screening Century, Public Law 106–81, section be announced in the Federal Register procedures are effective and that 734, (AIR–21). This notice announces and be open to the public. However information is available to comply with the establishment of that advisory meetings of any associated working Congressional reporting requirements. committee. In accordance with AIR–21, groups will not be open to the public Estimated Annual Burden Hours: the committee will review issues related except to the extent that individuals or 103,587 hours annually. to the use and oversight of aircraft and organizations with an interest and ADDRESSES: Send comments to the aviation component repair and expertise are selected to participate. No Office of Information and Regulatory maintenance facilities located within, or public announcement of working group Affairs, Office of Management and outside of, the United States. The meetings will be made. Budget, 725 17th Street, NW., advisory committee will provide advice and recommendations to the Secretary Issued in Washington, DC on March 29, Washington, DC 20503, Attention FAA 2001. Desk Officer. of Transportation, through the FAA Russell S. Unangst, Jr., Comments are invited on: Whether Administrator, on the following tasks: (1) The amount and type of aircraft Manager, Resource and Program Management the proposed collection of information Branch, AFS–310. is necessary for the proper performance and aviation component repair work [FR Doc. 01–8192 Filed 4–3–01; 8:45 am] of the functions of the Department, that is being performed by air carriers including whether the information will and aircraft repair facilities located BILLING CODE 4910–13–M have practical utility; the accuracy of within, and outside of, the United States. the Department’s estimate of the burden DEPARTMENT OF TRANSPORTATION of the proposed information collection; (2) The staffing needs of those facilities, and ways to enhance the quality, utility and Federal Aviation Administration clarity of the information to be (3) Any balance of trade or safety collected; and ways to minimize the issues associated with that work. Notice of Extension of Public The advisory committee affords the burden of the collection of information Comment Period; Draft Supplemental FAA additional opportunities to obtain on respondents, including the use of Environmental Impact Statement; Cal direct, firsthand information and insight automated collection techniques or Black Memorial Airport, Halls from the represented interests meeting other forms of information technology. Crossing, Utah and exchanging ideas with respect to Issued in Washington, DC, on March 29, proposed rule and existing rules that AGENCY: Federal Aviation 2001. should be revised or eliminated. The Administration, DOT. Steve Hopkins, advisory committee will make ACTION: Notice. Manager, Standards and Information recommendations to increase safety Division, APF–100. through improved oversight of aircraft SUMMARY: The Federal Aviation [FR Doc. 01–8271 Filed 4–3–01; 8:45 am] repair facilities. However, the activities Administration has extended the public BILLING CODE 4910–13–M of the committee will not circumvent comment on the Draft Supplemental
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Environmental Impact Statement received your comments, include a self- is hereby given of meeting of the (DSEIS) for Cal Black Memorial Airport addressed, stamped postcard. Commercial Space Transportation at Halls Crossing, Utah until April 30, You may also submit comments Advisory Committee (COMSTAC). The 2001. through the Internet to http:// meeting will take place on Thursday, DATES AND ADDRESSES FOR COMMENTS: dms.dot.gov. You may review the public May 10, 2001, from 8:00 a.m. to 1:00 Comments concerning the DSEIS may docket containing the petition, any p.m. at the Federal Aviation be submitted by April 30, 2001, to Mr. comments received, any final Administration Headquarters Building, Dennis Ossenkop, ANM–611, Federal disposition in person in the Dockets 800 Independence Avenue SW., Aviation Administration, Northwest Office between 9 a.m. and 5 p.m., Washington, DC, in the Bessie Coleman Mountain Region, Airports Division, Monday through Friday, except Federal Conference Center (second floor). This holidays. The Dockets Office (telephone 1601 Lind Avenue, SW., Renton, WA will be the thirty-third meeting of the 1–800–647–5527) is on the plaza level 98055–4056. COMSTAC. If you desire additional information of the NASSIF Building at the related to this project, please contact Department of Transportation at the The agenda for the meeting will Mr. Dennis Ossenkop at the above above address. Also, you may review include a status report on the Space address. public dockets on the Internet at http:/ Commission report, a legislative update on Congressional activities involving Issued in Renton, Washington on March /dms.dot.gov. 28, 2001. FOR FURTHER INFORMATION CONTACT: commercial space transportation; an Lowell H. Johnson, Forest Rawls (202) 267–8033, or activities report from FAA’s Associate Administrator for Commercial Space Manager, Airports Division, Northwest Vanessa Wilkins (202) 267–8029, Office Mountain Region. of Rulemaking (ARM–1), Federal Transportation (formerly the Office of [FR Doc. 01–8190 Filed 4–3–01; 8:45 am] Aviation Administration, 800 Commercial Space Transportation [60 Independence Avenue, SW., FR 62762, December 7, 1995]); and a Billing Code 4910–13–M Washington, DC 20591. detailed briefing on the 2001 This notice is published pursuant to Commercial Space Transportation DEPARTMENT OF TRANSPORTATION 14 CFR §§ 11.85 and 11.91. Forecasts, including the COMSTAC Issued in Washington, DC, on March 30, Commercial Geostationary Launch Federal Aviation Administration 2001. Demand Model and the FAA [Summary Notice No. PE–2001–27] Donald P. Byrne, Commercial Space Transportation Assistant Chief Counsel for Regulations. Projections for Non-Geosynchronous Petitions for Exemption; Summary of Petitions for Exemption Orbits. Petitions Received; Dispositions of Meetings of the Technology and Petitions Issued Docket No.: FAA–2001–8806. Petitioner: America West Airlines, Innovative, Reusable Launch Vehicle, AGENCY: Federal Aviation Inc. Risk Management, and Launch Administration (FAA), DOT. Section of 14 CFR Affected: 14 CFR Operations and Support Working ACTION: Notice of petitions for § 93.123. Groups will be held on Wednesday, exemption received. Description of Relief Sought: May 9, 2001. For specific information To amend Exemption No. 5133I concerning the times and locations of SUMMARY: Pursuant to FAA’s rulemaking permitting Mesa Airlines, Inc., or any these meetings, contact the Contact provisions governing the application, regional carrier flying as American West Person listed below. processing, and disposition of petitions Express, to operate certain slots on Individuals who plan to attend and for exemption part 11 of Title 14, Code behalf of America West Express flights need special assistance, such as sign of Federal Regulations (14 CFR), this between Ronald Reagan Washington language interpretation or other notice contains a summary of certain National Airport (DCA) and Columbus, petitions seeking relief from specified Ohio. Currently, this exemption allows reasonable accommodations, should requirements of 14 CFR. The purpose of America West to operate four flights inform the Contact Person listed below this notice is to improve the public’s (two arrivals and two departures) at in advance of the meeting. awareness of, and participation in, this DCA. FOR FURTHER INFORMATION CONTACT: aspect of FAA’s regulatory activities. Brenda Parker (AST–200), Office of the Neither publication of this notice nor [FR Doc. 01–8272 Filed 4–3–01; 8:45 am] Associate Administrator for Commercial the inclusion or omission of information BILLING CODE 4910–13–M Space Transportation (AST), 800 in the summary is intended to affect the Independence Avenue SW., Room 331, legal status of any petition or its final DEPARTMENT OF TRANSPORTATION disposition. Washington, DC 20591, telephone (202) 267–8308; E-mail DATES: Comments on petitions received Federal Aviation Administration [email protected]. must identify the petition docket number involved and must be received Commercial Space Transportation Issued in Washington, DC, March 29, 2001. on or before April 16, 2001. Advisory Committee—Open Meeting Patricia G. Smith, ADDRESSES: Send comments on any AGENCY: Federal Aviation Associate Administrator for Commercial petition to the Docket Management Administration (FAA), DOT. Space Transportation. System, U.S. Department of ACTION: Notice of Commercial Space [FR Doc. 01–8267 Filed 4–3–01; 8:45 am] Transportation, Room Plaza 401, 400 Transportation Advisory Committee BILLING CODE 4910–13–M Seventh Street, SW., Washington, DC Open Meeting. 20590–0001. You must identify the docket number FAA–2000–XXXX at the SUMMARY: Pursuant to Section 10(a)(2) of beginning of your comments. If you the Federal Advisory Committee Act wish to receive confirmation that FAA (Pub. L. 92–463, 5 U.S.C. App. 2), notice
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DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on March 28, Capacity Expansion Act of 1990 (Title 2001. IX of the Omnibus Budget Federal Aviation Administration Janice L. Peters, Reconciliation Act of 1990) (Public Law Designated Official. 101–508) and Part 158 of the Federal RTCA Joint Special Committee 190/ [FR Doc. 01–8191 Filed 4–3–01; 8:45 am] Aviation Regulations (14 CFR part 158). Eurocae Working Group 52 Software BILLING CODE 4910–13–M On March 27, 2001, the FAA Guidance determined that the application to impose and use the revenue from a PFC Pursuant to section 10(a)(2) of the DEPARTMENT OF TRANSPORTATION submitted by Monroe County Board of Federal Advisory Committee Act (Pub. County Commissioners was L. 92–463, 5 U.S.C., appendix 2), notice Federal Aviation Administration substantially complete within the is hereby given for Joint Special Notice of Intent To Rule on Application requirements of section 158.25 of Part Committee (SC)–190/EUROCAE To Impose and Use the Revenue From 158. The FAA will approve or Working Group 52 meeting to be held a Passenger Facility Charge (PFC) at disapprove the application, in whole or April 24–27, 2001, starting at 9:00 a.m. Key West International Airport, Key in part, no later than July 13, 2001. on April 24. The meeting will be held West, FL The following is a brief overview of at the Radisson Suite Hotel Oceanfront, the application. 3101 North Highway A1A, Melbourne, AGENCY: Federal Aviation PFC Application No.: 01–05–C–00– FL 32903. Administration (FAA), DOT. EYW. ACTION: Notice of intent to rule on The agenda will include: Plenary Level of the Proposed PFC: $3.00. application. session: (1) Welcome and Introductory Proposed Charge Effective Date: August 1, 2001. Remarks; (2) Review Meeting Agenda; SUMMARY: The FAA proposes to rule and Proposed Charge Expiration Date: (3) Review Previous Meeting Minutes; invites public comment on the December 1, 2003. (4) Reports: (a) Executive Committee; (b) application to impose and use the Total Estimated Net PFC Revenue: Annual Report; (c) Certification revenue from a PFC at Key West $1,631,431. Authorities Software Team; (d) Status of International Airport under the FAA Activities; (e) Status of Joint provisions of the Aviation Safety and Brief Description of Proposed Project(s) Capacity Expansion Act of 1990 (Title Aviation Authorities Activities; (5) PFC Application and Administration Rockwell Collins Company IX of the Omnibus Budget Reconciliation Act of 1990) (Public Law Construct General Aviation Aprons (Ph. Presentation; (6) Introduction to 1 & 2) Communication Navigation 101–508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). Runway Safety Area Study (EYW & Surveillance/Air Traffic Management MTH) DATES: Comments must be received on (CNS/ATM) domain and Sub-group Install Runway 7–25 PAPI’s (MTH) or before May 4, 2001. status report; (7) Review CNS/ATM Mark Runway 7–25 (MTH) ADDRESSES: Comments on this Draft 1, Sections 1,2,3,5 and Terminal Modifications application may be mailed or delivered Appendices; (8) CNS/ATM Sub-group Install Stand-By Generator presents Section 4 to the Plenary. April in triplicate to the FAA at the following address: Orlando Airports District Update Master Plan and ALP 25 (8:30 a.m): (9) Continue Plenary on Update Master Plan and ALP (MTH) Section 4; (10) Sub-group break-out Office, 5950 Hazeltine National Drive, Suite 400, Orlando, Florida 32822. Construct T-Hangar Taxiways (MTH) sessions; (11) Plenary for approval of In addition, one copy of any Construct Aircraft Parking Aprons section 1, 2, 3, 5 and Appendices. April comments submitted to the FAA must (MTH) 26 (8:30 a.m): (12) Plenary for approval be mailed or delivered to James L. Environmental Mitigation Rwy 9 RPZ of section 4; (13) Sub-group break-out Roberts, County Administrator of and RSA sessions; April 27 (8:30 a.m): Plenary Monroe County Board of County Rehab Airport Beacon Tower/Replace Session: (14) Executive Committee Commissioners at the following address: Beacon Report; (15) Web-site deliverable Report; 3491 South Roosevelt Boulevard, Key Construct T-Hangar Taxiways (16) Approvals for CNS/ATM Document West, Florida 33040. Construct General Aviation Aprons or CNS/ATM related Frequently Asked Air carriers and foreign air carriers Runway 9–27 RPZ and RSA Clearing Questions; (17) Other Business; (18) may submit copies of written comments Construct ARFF Building (MTH) Date and Location of Next Meeting; (19) previously provided to Monroe County Seal Coat Aircraft Parking Aprons Closing. Board of County Commissioners under Acquire RPZ Land Runway 27 Attendance is open to the interested section 158.23 of Part 158. Class or Classes of Air Carriers, which public but limited to space availability. FOR FURTHER INFORMATION CONTACT: the Public Agency has Requested not be With the approval of the chairman, Matthew J. Thys, Program Manager, Required to Collect PFCs: ATCO- members of the public may present oral Orlando Airports District Office, 5950 Nonscheduled/On-Demand Air Carriers statements at the meeting. Persons Hazeltine National Drive, Suite 400, filing FAA Form 1800–31 Orlando, Florida 32822, (407) 812–6331 wishing to present statements or obtain Any person may inspect the Ext. 21. The application may be information should contact the RTCA application in person at the FAA office reviewed in person at this same Secretariat, 1140 Connecticut Avenue, listed above under FOR FURTHER location. NW., Suite 1020, Washington, DC, INFORMATION CONTACT. 20036; (202) 833–9339 (phone); (202) SUPPLEMENTARY INFORMATION: The FAA In addition, any person may, upon 833–9434 (fax); or http://www.rtca.org proposes to rule and invites public request, inspect the application, notice (web site). Members of the public may comment on the application to impose and other documents germane to the present a written statement to the and use the revenue from a PFC at Key application in person at the Monroe West International Airport under the County Board of County committee at any time. provisions of the Aviation Safety and Commissioners.
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Issued in Orlando, FL on March 27, 2001. Public involvement activities addressed, stamped postcard or you W. Dean Stringer, completed included neighborhood may print the acknowledgment page Manager, Orlando Airports District Office, meetings, steering committee activities, that appears after submitting comments Southern Region. newsletters and public meetings which electronically. [FR Doc. 01–8193 Filed 4–3–01; 8:45 am] were used to obtain input from citizens FOR FURTHER INFORMATION CONTACT: For BILLING CODE 4910–13–M who may have been affected by the information about the vision proposal. All of the neighborhood exemptions in this notice, Ms. Sandra meetings were open to all citizens and Zywokarte, Office of Bus and Truck DEPARTMENT OF TRANSPORTATION advertised in the Baton Rouge media to Standards and Operations, (202) 366– solicit general public participation. 2987; for information about legal issues Federal Highway Administration To ensure that a full range of issues related to this notice, Mr. Joe Solomey, related to this proposed action are Environmental Impact Statement: City Office of the Chief Counsel, (202) 366– addressed and all significant issues 1374, FMCSA, Department of of Baton Rouge and Unincorporated identified comments and suggestions Parts of East Baton Rouge Parish, LA Transportation, 400 Seventh Street, were invited from all interested parties SW., Washington, DC 20590. Office to be directed to the FHWA at the AGENCY: Federal Highway hours are from 7:45 a.m. to 4:15 p.m., Administration (FHWA), DOT. address provided above. e.t., Monday through Friday, except (Catalog of Federal Domestic assistance Federal holidays. ACTION: Withdrawal of notice of intent. Program Number 20.205 Highway Planning SUPPLEMENTARY INFORMATION: and Construction. The regulations SUMMARY: The FHWA is issuing this Implementing Executive Order 12372 Electronic Access and Filing notice to advise the public that the regarding inter-governmental consultation on Notice of Intent to prepare an federal program and activities apply to this You may submit or retrieve comments Environmental Impact Statement (EIS) program) online through the Document for the proposed highway project in East Issued on March 26, 2001. Management System (DMS) at: http:// Baton Rouge Parish, Louisiana has been William A. Sussmann, dmses.dot.gov/submit. Acceptable withdrawn. The Louisiana Department Division Administrator, Baton Rouge, LA. formats include: MS Word (versions 95 of Transportation of Development [FR Doc. 01–8198 Filed 4–3–01; 8:45 am] to 97), MS Word for Mac (versions 6 to 8), Rich Text File (RTF), American (LDOTD) is not planning to pursue to BILLING CODE 4910–22–M the project as proposed. Standard Code Information Interchange (ASCII)(TXT), Portable Document FOR FURTHER INFORMATION CONTACT: Format (PDF), and WordPerfect William C. Farr, Program Operations DEPARTMENT OF TRANSPORTATION (versions 7 to 8). The DMS is available Manager, 5304 Flanders Drive, Suite A, 24 hours each day, 365 days each year. Baton Rouge, LA 70808, Telephone: Federal Motor Carrier Safety Electronic submission and retrieval help (225) 757–7615, or Ms. Michele Administration and guidelines are available under the Deshotels, Environmental Impact [Docket Nos. FMCSA–98–4334 and FMCSA– help section of the web site. Program Manager, LDOTD, Section 28, 98–3637 (formerly FHWA–98–4334 and An electronic copy of this document P.O. Box 94245, Baton Rouge, LA FHWA–98–3637)] may also be downloaded by using a 70804–9245, Telephone: 225–248–4192. Qualification of Drivers; Exemption computer, modem and suitable SUPPLEMENTARY INFORMATION: A Notice Applications; Vision communications software from the of Intent was published (63 FR 16616) Government Printing Office’s Electronic to prepare an EIS on a proposal to AGENCY: Federal Motor Carrier Safety Bulletin Board Service at (202) 512– improve Interstate 10 through Baton Administration (FMCSA), DOT. 1661. Internet users may also reach the Rouge, Louisiana. The proposed project ACTION: Notice of renewal of exemption; Office of the Federal Register’s home included the construction of an request for comments. page at: http://www.nara.gov/fedreg and additional lane in the east and west the Government Printing Office’s SUMMARY: This notice announces the bound directions in order to provide an database at: http://www.access.gpo.gov/ FMCSA’s decision to renew the eight-lane freeway facility, interchange nara. improvements to address safety and exemptions from the vision requirement capacity problems, as well as frontage in 49 CFR 391.41(b)(10), for 13 Background road additions and extensions. It would individuals. Thirteen individuals have requested also have included congestion DATES: This decision is effective April 5, renewal of their exemptions from the management measures consisting of 2001. Comments from interested vision requirement in 49 CFR ramp metering, incident management, persons should be submitted by May 4, 391.41(b)(10) which applies to drivers of park and ride lots, transit improvements 2001. commercial motor vehicles (CMVs) in and demand management strategies. ADDRESSES: Mail or hand deliver interstate commerce. They are Joe F. The proposed project began at the comments to the U.S. Department of Arnold, Gary A. Barrett, Ivan L. Beal, eastern end of the Mississippi River Transportation, Dockets Management Johnny A. Beutler, Richard D. Carlson, Bridge and extended eastward along Facility, Room PL–401, 400 Seventh David J. Collier, Loras G. Knebel, Dexter Interstates 10 and 12 to points Street, SW., Washington, DC 20590, or L. Myhre, James H. Oppliger, Stephanie immediately east of the interchanges submit electronically at http:// D. Randels, Duane L. Riendeau, Darrell with Essen Lane. The proposed dmses.dot.gov/submit. All comments L. Rohlfs, and Robert A. Wagner. Under construction was approximately 11.2 received will be available for 49 U.S.C. 31315 and 31136(e), the kilometers (7 miles) long from the examination and copying at the above FMCSA may grant an exemption for a western terminus to the eastern address from 9 a.m. to 5 p.m., e.t., renewable 2-year period if it finds ‘‘such terminus of Interstate 10 and 9.7 Monday through Friday, except Federal exemption would likely achieve a level kilometers (6 miles) from Interstate 110 holidays. Those desiring notification of of safety that is equivalent to, or greater to Interstate 12. receipt of comments must include a self- than, the level that would be achieved
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absent such exemption.’’ Accordingly, Basis for Renewing Exemptions an exemption from the vision the FMCSA has evaluated the 13 Under 49 U.S.C. 31315(b)(1), an requirements. That information is petitions for renewal on their merits and exemption may be granted for no longer available by consulting the above cited has decided to extend each exemption than 2 years from its approval date and Federal Register publications. These 13 individuals identified in for a renewable 2-year period. may be renewed upon application for an On April 5, 1999, the agency today’s publication have successfully additional 2-year period. In accordance published a notice of final disposition driven with an exception from the with 49 U.S.C. 31315 and 31136(e), each announcing its decision to exempt 23 vision requirements for the past two of the 13 applicants has satisfied the individuals, including 12 of these years. These drivers have received entry conditions for obtaining an applicants for renewal, from the vision physical examinations during the past exemption from the vision requirements requirement in 49 CFR 391.41(b)(10) (64 two-year period, in accordance with the (63 FR 30285; 63 FR 54519; 63 FR FR 16517). The qualifications, program requirements. Either an 66266; 64 FR 16517), and each has experience, and medical condition of ophthalmologist or optometrist has each applicant were stated and requested timely renewal of the attested that they continued to meet the discussed in detail at 63 FR 66226 exemption. These 13 applicants have standard in 49 CFR 391.41(b)(10) in the (December 1, 1998). One comment was submitted evidence showing that the better eye. Upon filing their renewal received, and its contents were carefully vision in their better eye continues to application, all 13 applicants have considered by the agency in reaching its meet the standard specified at 49 CFR presented proof of continued final decision to grant the petitions (64 391.41(b)(10), and that the vision qualification. Their vision impairment FR 16517). On October 9, 1998, the impairment is stable. In addition, a is stable. The driving record of all 13- agency published a notice of final review of their records of safety while renewal applicants continues to disposition announcing its decision to driving with their respective vision highlight their safe driving. These exempt 12 individuals, including Mr. deficiencies over the past 2 years individuals have, and are continuing to, Wagner, from the vision requirement in indicates each applicant continues to achieve a level of safety that is 49 CFR 391.41(b)(10) (63 FR 54519). His meet the vision exemption standards. equivalent to, or greater than, the level qualifications, experience, and medical These factors provide an adequate basis that would be achieved absent the condition were stated and discussed in for predicting each driver’s ability to exemption. detail at 63 FR 30285 (June 3, 1998). continue to drive safely in interstate Nonetheless, interested parties or Three comments were received, and commerce. Therefore, the FMCSA organizations possessing information their contents were carefully considered concludes that extending the exemption that would otherwise show that any, or by the agency in reaching its final for a period of 2 years is likely to all of these drivers, are not currently decision to grant the petitions (63 FR achieve a level of safety equal to that achieving the statutory level of safety 54519). The agency determined that existing without the exemption for each should immediately notify the FMCSA. exempting the individuals from 49 CFR renewal applicant. The FMCSA will evaluate any adverse 391.41(b)(10) was likely to achieve a Discussion of Comments evidence submitted and, if safety is level of safety equal to, or greater than, being compromised or if continuation of the level that would be achieved The Advocates for Highway and Auto the exemption would not be consistent without the exemption as long as the Safety (AHAS) expresses opposition to with the goals and objectives of 49 vision in each applicant’s better eye the FMCSA’s procedures for renewing U.S.C. 31315 and 31136(e), the FMCSA continues to meet the standard specified exemptions from the vision requirement will take immediate steps to revoke the in 391.41(b)(10). As a condition of the in 49 CFR 391.41(b)(10). Specifically, exemption of a driver. the AHAS objects to the agency’s exemption, therefore, the agency Conclusion imposed requirements on the extension of the exemptions without individuals similar to the grandfathering any opportunity for public comment In accordance with 49 U.S.C. 31315 provisions in 49 CFR 391.64(b) applied prior to the decision to renew and and 31136(e), the FMCSA extends the to drivers who participated in the reliance on a summary statement of exemptions from the vision requirement agency’s former vision waiver program. evidence to make its decision to extend in 49 CFR 391.41(b)(10) granted to Joe These requirements are as follows: (1) the exemption of each driver. F. Arnold, Gary A. Barrett, Ivan L. Beal, That each individual be physically The FMCSA believes that the Johnny A. Beutler, Richard D. Carlson, examined every year (a) by an requirements for a renewal of an David J. Collier, Loras G. Knebel, Dexter ophthalmologist or optometrist who exemption under 49 U.S.C. 31315 and L. Myhre, James H. Oppliger, Stephanie attests that vision in the better eye meets 31136(e) can be satisfied by initially D. Randels, Duane L. Riendeau, Darrell the standard in 49 CFR 391.41(b)(10), granting the renewal and then L. Rohlfs, and Robert A. Wagner, subject and (b) by a medical examiner who requesting and evaluating, if needed, to the following conditions: (1) That attests the individual is otherwise subsequently comments submitted by each individual be physically examined physically qualified under 49 CFR interested parties. As indicated above, every year (a) by an ophthalmologist or 391.41; (2) that each individual provide the agency previously published notices optometrist who attests that the vision a copy of the ophthalmologist’s or of final disposition announcing its in the better eye continues to meet the optometrist’s report to the medical decision to exempt these 13 individuals standard in 49 CFR 391.41(b)(10), and examiner at the time of the annual from the vision requirement in 49 CFR (b) by a medical examiner who attests medical examination; and (3) that each 391.41(b)(10). That final decision to that the individual is otherwise individual provide a copy of the annual grant exemptions to each of these physically qualified under 49 CFR medical certification to the employer for individuals was based on the merits of 391.41; (2) that each individual provide retention in the driver’s qualification each case and only after careful a copy of the ophthalmologist’s or file and retains a copy of the consideration of the comments received optometrist’s report to the medical certification on his/her person while to its notices of application. Those examiner at the time of the annual driving for presentation to a duly notices of applications stated in detail medical examination; and (3) that each authorized Federal, State, or local the qualifications, experience, and individual provide a copy of the annual enforcement official. medical condition of each petitioner for medical certification to the employer for
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retention in the driver’s qualification SUMMARY: As authorized by Pub. L. 105– properly consider the comments. file and retains a copy of the 383, the Secretary of Transportation, as Comments should also state the certification on his/her person while represented by the Maritime commenter’s interest in the waiver driving for presentation to a duly Administration (MARAD), is authorized application, and address the waiver authorized Federal, State, or local to grant waivers of the U.S.-build criteria given in § 388.4 of MARAD’S enforcement official. Each exemption requirement of the coastwise laws under regulations at 46 CFR part 388. will be valid for 2 years unless revoked certain circumstances. A request for Vessel Proposed for Waiver of the U.S.- earlier by the FMCSA. The exemption such a waiver has been received by build Requirement will be revoked if: (1) The person fails MARAD. The vessel, and a description to comply with the terms and of the proposed service, is listed below. (1) Name of vessel and owner for conditions of the exemption; (2) the Interested parties may comment on the which waiver is requested. Name of exemption has resulted in a lower level effect this action may have on U.S. vessel: ACHIEVER. Owner: Clive of safety than was maintained before it vessel builders or businesses in the U.S. Edward Lonsdale. was granted; or (3) continuation of the that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of exemption would not be consistent with determines that in accordance with Pub. vessel. According to the applicant: the goals and objectives of 49 U.S.C. L. 105–383 and MARAD’s regulations at ‘‘Length Overall: 19.2 meters or 63 feet, 31315 and 31136(e). 46 CFR part 388 (65 FR 6905; February Beam: 4.3 meters or 14 ft 10 inches, 11, 2000) that the issuance of the waiver Draft: 1.59 meters or 6 feet, Under deck Request for Comments will have an unduly adverse effect on a tonnage: 30.89 tons, Deck erections: 4.27 The FMCSA has evaluated the U.S.-vessel builder or a business that tons, Gross Tonnage: 35 tons, Net qualifications and driving performance uses U.S.-flag vessels, a waiver will not Tonnage: 26 tons.’’ of the 13 applicants here and extends be granted. (3) Intended use for vessel, including their exemptions based on the evidence DATES: Submit comments on or before geographic region of intended operation introduced. The agency will review any May 4, 2001. and trade. According to the applicant: ‘‘I comments received concerning a ADDRESSES: Comments should refer to am planning to use Achiever for sailing particular driver’s safety record and docket number MARAD–2001–9305. adventure charters from Dutch Harbor, determine if the continuation of the Written comments may be submitted by visiting the Natural Wonders of the exemption is consistent with the hand or by mail to the Docket Clerk, Aleutian Islands. Achiever has the requirements at 49 U.S.C. 31315 and U.S. DOT Dockets, Room PL–401, facility to offer live-aboard 31136(e). While comments of this nature Department of Transportation, 400 7th accommodation for charter parties. I will be entertained at any time, the St., SW., Washington, DC 20590–0001. will be working in partnership with a FMCSA requests that interested parties You may also send comments Dutch Harbour resident, Jeff Hancock with information concerning the safety electronically via the Internet at http:// who currently organises local adventure records of these drivers submit dmses.dot.gov/submit/. All comments kayaking and back packing trips from comments by May 4, 2001. All will become part of this docket and will his Sport Equipment Store Aleutian comments will be considered and will be available for inspection and copying Adventure Sports, based in Dutch be available for examination in the at the above address between 10 a.m. Harbor. We will be employing a docket room at the above address. The and 5 p.m., E.T., Monday through professional American captain and crew FMCSA will also continue to file in the Friday, except federal holidays. An to run the trips and we aim to carry no docket relevant information which electronic version of this document and more than 12 passengers on short trips becomes available. Interested persons all documents entered into this docket around the Aleutian chain of islands. should continue to examine the docket is available on the World Wide Web at Our joint interests will enhance Dutch for new material. http://dms.dot.gov. Harbor’s facilities, hopefully Authority: 49 U.S.C. 322, 31136 and 31315; FOR FURTHER INFORMATION CONTACT: encouraging visitors from around the and 49 CFR 1.73. Kathleen Dunn, U.S. Department of world.’’ Geographic area: ‘‘North and Transportation, Maritime South of the Alaska Peninsular from the Issued on: March 29, 2001. Administration, MAR–832 Room 7201, Shumagin Islands to Attu Island at the Julie Anna Cirillo, 400 Seventh Street, SW., Washington, Western end of the Aleutian Islands.’’ Acting Deputy Administrator, DC 20590. Telephone 202–366–2307. (4) Date and Place of construction and [FR Doc. 01–8265 Filed 4–3–01; 8:45 am] SUPPLEMENTARY INFORMATION: Title V of (if applicable) rebuilding. Date of BILLING CODE 4910–EX–P Pub. L. 105–383 provides authority to construction: 1991. Place of the Secretary of Transportation to construction: Whakatane, New Zealand. administratively waive the U.S.-build (5) A statement on the impact this DEPARTMENT OF TRANSPORTATION requirements of the Jones Act, and other waiver will have on other commercial Maritime Administration statutes, for small commercial passenger passenger vessel operators. According to vessels (no more than 12 passengers). the applicant: ‘‘I am aware of several This authority has been delegated to the small motor fishing vessels that offer [Docket Number: MARAD–2001–9305] Maritime Administration per 49 CFR half-day fishing trips from Dutch Requested Administrative Waiver of 1.66, Delegations to the Maritime Harbour. They are fast launches that the Coastwise Trade Laws Administrator, as amended. By this take small parties out on halibut fishing notice, MARAD is publishing trips. Achiever will not conflict with AGENCY: Maritime Administration, information on a vessel for which a these charter vessels and to the best of Department of Transportation. request for a U.S.-build waiver has been my knowledge there are no other received, and for which MARAD operators offering the type of charter I ACTION: Invitation for public comments requests comments from interested intend to offer. From my knowledge of on a requested administrative waiver of parties. Comments should refer to the the port of Dutch Harbor I have the Coastwise Trade Laws for the vessel docket number of this notice and the identified: Miss Amber, Lucille, Grand Achiever. vessel name in order for MARAD to Aleutian, Silver Cloud and Miss
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Peppers. I have attached print outs from electronically via the Internet at http:// business in the area and that boat the registry.’’ dmses.dot.gov/submit/. All comments operates 45 minute cruises during the (6) A statement on the impact this will become part of this docket and will day. Based on an extensive survey, there waiver will have on U.S. shipyards. be available for inspection and copying are no businesses providing evening and According to the applicant: ‘‘Rather at the above address between 10 a.m. dinner cruise service and I would not be than being in conflict with any US and 5 p.m., E.T., Monday through competing with any other service, shipyards, Achiever will add to their Friday, except federal holidays. An American built or otherwise.’’ ‘‘The area custom. Dutch Harbor’s shipyards offer electronic version of this document and of operation is the mid Potomac River excellent hauling facilities, which I will all documents entered into this docket (home ported in Colonial Beach be interested in utilizing. Achiever is a is available on the World Wide Web at Virginia) and on occasion the boat steel yacht with many Standard http://dms.dot.gov. would travel into the Chesapeake Bay. American fixtures. The local facilities FOR FURTHER INFORMATION CONTACT: (4) Date and Place of construction and cater for all her needs.’’ Kathleen Dunn, U.S. Department of (if applicable) rebuilding. Date of Dated: March 30, 2001. Transportation, Maritime construction: 1987. Place of By Order of the Maritime Administrator. Administration, MAR–832 Room 7201, construction: Vista Yacht Company, (TAIWAN). Joel C. Richard, 400 Seventh Street, S.W., Washington, (5) A statement on the impact this Secretary, Maritime Administration. DC 20590. Telephone 202–366–2307. SUPPLEMENTARY INFORMATION: Title V of waiver will have on other commercial [FR Doc. 01–8293 Filed 4–3–01; 8:45 am] passenger vessel operators. According to BILLING CODE 4910–81–P Pub. L. 105–383 provides authority to the Secretary of Transportation to the applicant: ‘‘This waiver application administratively waive the U.S.-build will have no effect on existing operators as there are no operators that provide DEPARTMENT OF TRANSPORTATION requirements of the Jones Act, and other statutes, for small commercial passenger the service we are describing. While Maritime Administration vessels (no more than 12 passengers). there are such operators out of ports on the Chesapeake we will not compete [Docket Number MARAD–2001–9306] This authority has been delegated to the Maritime Administration per 49 CFR with them. We only charter from § 1.66, Delegations to the Maritime Colonial Beach and only occasionally go Requested Administrative Waiver of into Chesapeake waters. We will not the Coastwise Trade Laws Administrator, as amended. By this notice, MARAD is publishing take charters out of Chesapeake water AGENCY: Maritime Administration, information on a vessel for which a ports.’’ Department of Transportation. request for a U.S.-build waiver has been (6) A statement on the impact this ACTION: Invitation for public comments received, and for which MARAD waiver will have on U.S. shipyards. on a requested administrative waiver of requests comments from interested According to the applicant: ‘‘This will the Coastwise Trade Laws for the vessel parties. Comments should refer to the not affect shipyards at all, except that APOLONIA. docket number of this notice and the use of our boat will necessitate vessel name in order for MARAD to maintenance that will be offered to local SUMMARY: As authorized by Pub. L. 105– properly consider the comments. US shipyards (small ones) for work.’’ 383, the Secretary of Transportation, as Comments should also state the Dated: March 30, 2001. represented by the Maritime commenter’s interest in the waiver By Order of the Maritime Administrator. Administration (MARAD), is authorized application, and address the waiver to grant waivers of the U.S.-build Joel C. Richard, criteria given in § 388.4 of MARAD’S Secretary. requirement of the coastwise laws under regulations at 46 CFR Part 388. certain circumstances. A request for [FR Doc. 01–8292 Filed 4–3–01; 8:45 am] such a waiver has been received by Vessel Proposed for Waiver of the U.S.- BILLING CODE 4910–81–P MARAD. The vessel, and a description Build Requirement of the proposed service, is listed below. (1) Name of vessel and owner for DEPARTMENT OF TRANSPORTATION Interested parties may comment on the which waiver is requested. Name of effect this action may have on U.S. vessel: APOLONIA. Owner: Phil W. Maritime Administration vessel builders or businesses in the U.S. Bolin. that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of [Docket Number: MARAD–2001–9307] determines that in accordance with Pub. vessel. According to the applicant: L. 105–383 and MARAD’s regulations at Requested Administrative Waiver of ‘‘Boat is 43 feet long, 15.5 feet wide and the Coastwise Trade Laws 46 CFR Part 388 (65 FR 6905; February weighs 36,000 pounds. Gross ton weight 11, 2000) that the issuance of the waiver then is 18 tons.’’ AGENCY: Maritime Administration, will have an unduly adverse effect on a (3) Intended use for vessel, including Department of Transportation. U.S.-vessel builder or a business that geographic region of intended operation ACTION: Invitation for public comments uses U.S.-flag vessels, a waiver will not and trade. According to the applicant: be granted. on a requested administrative waiver of ‘‘Vessel will be used to give evening the Coastwise Trade Laws for the vessel DATES: Submit comments on or before cruises on Friday evenings, dinner CHARDONNAY. May 4, 2001. cruises on Saturday evening and a few ADDRESSES: Comments should refer to Potomac river cruises during the week. SUMMARY: As authorized by Pub. L. 105– docket number MARAD–2001–9306. The vessel will be operated out of 383, the Secretary of Transportation, as Written comments may be submitted by Colonial Beach Virginia on the Potomac represented by the Maritime hand or by mail to the Docket Clerk, River and on occasion in the Administration (MARAD), is authorized U.S. DOT Dockets, Room PL–401, Chesapeake Bay. The majority of the to grant waivers of the U.S.-build Department of Transportation, 400 7th time the boat operation will be within requirement of the coastwise laws under St., S.W., Washington, D.C. 20590–0001. 50 nautical miles of Colonial Beach. certain circumstances. A request for You may also send comments There is only one charter cruise such a waiver has been received by
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MARAD. The vessel, and a description Vessel Proposed for Waiver of the U.S.- Administration (MARAD), is authorized of the proposed service, is listed below. Build Requirement to grant waivers of the U.S.-build Interested parties may comment on the (1) Name of vessel and owner for requirement of the coastwise laws under effect this action may have on U.S. which waiver is requested. Name of certain circumstances. A request for vessel builders or businesses in the U.S. vessel: CHARDONNAY. Owner: Captain such a waiver has been received by that use U.S.-flag vessels. If MARAD Christopher Riedel. MARAD. The vessel, and a description determines that in accordance with Pub. (2) Size, capacity and tonnage of of the proposed service, is listed below. L. 105–383 and MARAD’s regulations at vessel. According to the applicant: ‘‘50′, Interested parties may comment on the 46 CFR Part 388 (65 FR 6905; February 20 net tons, 22 gross tons.’’ effect this action may have on U.S. 11, 2000) that the issuance of the waiver (3) Intended use for vessel, including vessel builders or businesses in the U.S. will have an unduly adverse effect on a geographic region of intended operation that use U.S.-flag vessels. If MARAD U.S.-vessel builder or a business that and trade. According to the applicant: determines that in accordance with Pub. uses U.S.-flag vessels, a waiver will not ‘‘Taking 6 or less people on day sails L. 105–383 and MARAD’s regulations at be granted. and sight seeing tours. This will have 46 CFR part 388 (65 FR 6905; February virtually no impact on other vessels 11, 2000) that the issuance of the waiver DATES: Submit comments on or before will have an unduly adverse effect on a May 4, 2001. operating in and around the South Florida, the Bahamas and Caribbean.’’ U.S.-vessel builder or a business that ADDRESSES: Comments should refer to (4) Date and Place of construction and uses U.S.-flag vessels, a waiver will not docket number MARAD–2001–9307. (if applicable) rebuilding. Date of be granted. Written comments may be submitted by construction: 1971. Place of DATES: Submit comments on or before hand or by mail to the Docket Clerk, construction: Taiwan. May 4, 2001. U.S. DOT Dockets, Room PL–401, (5) A statement on the impact this ADDRESSES: Comments should refer to Department of Transportation, 400 7th waiver will have on other commercial docket number MARAD–2001–9304. St., SW., Washington, DC 20590–0001. passenger vessel operators. According to Written comments may be submitted by You may also send comments the applicant: ‘‘This will have virtually hand or by mail to the Docket Clerk, electronically via the Internet at http:// no impact on other operators. There is U.S. DOT Dockets, Room PL–401, dmses.dot.gov/submit/. All comments a demand for it that the other operators Department of Transportation, 400 7th will become part of this docket and will can not provide currently. The few St., SW., Washington, DC 20590–0001. be available for inspection and copying operators that are working South Florida You may also send comments at the above address between 10 a.m. welcome my boat and my services. We electronically via the Internet at http:// and 5 p.m., E.T., Monday through will be exchanging groups of people dmses.dot.gov/submit/. All comments Friday, except federal holidays. An when we have more than we can will become part of this docket and will electronic version of this document and handle. I look forward to working with be available for inspection and copying all documents entered into this docket the other operators in my area.’’ at the above address between 10 a.m. is available on the World Wide Web at (6) A statement on the impact this and 5 p.m., E.T., Monday through http://dms.dot.gov. waiver will have on U.S. shipyards. Friday, except federal holidays. An According to the applicant: ‘‘This will electronic version of this document and FOR FURTHER INFORMATION CONTACT: have absolutely no negative impact on all documents entered into this docket Kathleen Dunn, U.S. Department of U.S. shipyards. In fact since the boat is available on the World Wide Web at Transportation, Maritime will have coastwise privileges, U.S. http://dms.dot.gov. Administration, MAR–832 Room 7201, shipyards will benefit from repair FOR FURTHER INFORMATION CONTACT: 400 Seventh Street, S.W., Washington, work.’’ Kathleen Dunn, U.S. Department of DC 20590. Telephone 202–366–2307. Dated: March 30, 2001. Transportation, Maritime Administration, MAR–832 Room 7201, SUPPLEMENTARY INFORMATION: Title V of By order of the Maritime Administrator. 400 Seventh Street, SW., Washington, Pub. L. 105–383 provides authority to Joel C. Richard, the Secretary of Transportation to DC 20590. Telephone 202–366–2307. Secretary, Maritime Administration. administratively waive the U.S.-build SUPPLEMENTARY INFORMATION: Title V of requirements of the Jones Act, and other [FR Doc. 01–8291 Filed 4–3–01; 8:45 am] Pub. L. 105–383 provides authority to statutes, for small commercial passenger BILLING CODE 4910–81–P the Secretary of Transportation to vessels (no more than 12 passengers). administratively waive the U.S.-build This authority has been delegated to the requirements of the Jones Act, and other DEPARTMENT OF TRANSPORTATION Maritime Administration per 49 CFR statutes, for small commercial passenger § 1.66, Delegations to the Maritime Maritime Administration vessels (no more than 12 passengers). Administrator, as amended. By this This authority has been delegated to the notice, MARAD is publishing [Docket Number MARAD–2001–9304] Maritime Administration per 49 CFR information on a vessel for which a 1.66, Delegations to the Maritime Requested Administrative Waiver of request for a U.S.-build waiver has been Administrator, as amended. By this the Coastwise Trade Laws received, and for which MARAD notice, MARAD is publishing requests comments from interested AGENCY: Maritime Administration, information on a vessel for which a parties. Comments should refer to the Department of Transportation. request for a U.S.-build waiver has been docket number of this notice and the ACTION: Invitation for public comments received, and for which MARAD vessel name in order for MARAD to on a requested administrative waiver of requests comments from interested properly consider the comments. the Coastwise Trade Laws for the vessel parties. Comments should refer to the Comments should also state the MARACUDJA. docket number of this notice and the commenter’s interest in the waiver vessel name in order for MARAD to application, and address the waiver SUMMARY: As authorized by Pub. L. 105– properly consider the comments. criteria given in § 388.4 of MARAD’S 383, the Secretary of Transportation, as Comments should also state the regulations at 46 CFR Part 388. represented by the Maritime commenter’s interest in the waiver
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application, and address the waiver SUMMARY: As authorized by Pub. L. 105– request for a U.S.-build waiver has been criteria given in § 388.4 of MARAD’S 383, the Secretary of Transportation, as received, and for which MARAD regulations at 46 CFR part 388. represented by the Maritime requests comments from interested Administration (MARAD), is authorized parties. Comments should refer to the Vessel Proposed for Waiver of the U.S.- to grant waivers of the U.S.-build docket number of this notice and the Build Requirement requirement of the coastwise laws under vessel name in order for MARAD to (1) Name of vessel and owner for certain circumstances. A request for properly consider the comments. which waiver is requested. Name of such a waiver has been received by Comments should also state the vessel: MARACUDJA. Owner: Sean MARAD. The vessel, and a description commenter’s interest in the waiver Donovan Clatchey. of the proposed service, is listed below. application, and address the waiver (2) Size, capacity and tonnage of Interested parties may comment on the criteria given in Section 388.4 of vessel. According to the applicant: effect this action may have on U.S. MARAD’S regulations at 46 CFR part ‘‘LOA: 35 FT–00 IN Beam: 19 FT–00 IN vessel builders or businesses in the U.S. 388. Draft: 3 FT–01 IN Weight: 5.85 Tons’’ that use U.S.-flag vessels. If MARAD (3) Intended use for vessel, including determines that in accordance with Pub. Vessel Proposed for Waiver of the U.S.- geographic region of intended operation L. 105–383 and MARAD’s regulations at Build Requirement and trade. According to the applicant: 46 CFR Part 388 (65 FR 6905; February (1) Name of vessel and owner for ‘‘The intended use is to operate as a Sail 11, 2000) that the issuance of the waiver which waiver is requested. Name of and Scuba dive charter. Off the will have an unduly adverse effect on a vessel: TEUGEGA. Owner: Edward C. Southeast coast of Florida up to 100 U.S.-vessel builder or a business that Siemon; Theodore J. Szymanski. miles offshore. With no more than 12 uses U.S.-flag vessels, a waiver will not passengers.’’ be granted. (2) Size, capacity and tonnage of vessel. According to the applicant: ‘‘5.7 (4) Date and Place of construction and DATES: Submit comments on or before net tons; L = 27 FT 11 IN; B = 9 FT 1 (if applicable) rebuilding. Date of May 4, 2001. construction: 1995. Place of IN; D = 4 FT 6 IN.’’ ADDRESSES: Comments should refer to construction: Aigrefeuille, France. docket number MARAD–2001–9303. (3) Intended use for vessel, including (5) A statement on the impact this Written comments may be submitted by geographic region of intended operation waiver will have on other commercial hand or by mail to the Docket Clerk, and trade. According to the applicant: passenger vessel operators. According to U.S. DOT Dockets, Room PL–401, Sailing charters for up to and including the applicant: ‘‘The impact of this Department of Transportation, 400 7th six passengers.’’ ‘‘Cayuga Lake in waiver will not have any negative affect St., SW., Washington, DC 20590–0001. upstate New York State’’ on local charter businesses. Three are You may also send comments (4) Date and Place of construction and only a few operators in the proposed electronically via the Internet at http:// (if applicable) rebuilding. Date of area. There are many hotels and tourism dmses.dot.gov/submit/. All comments construction: 1982. Place of is booming.’’ construction: Niagara-on-the-Lake, (6) A statement on the impact this will become part of this docket and will Ontario, Canada; built by C&C Yachts.’’ waiver will have on U.S. shipyards. be available for inspection and copying According to the applicant: ‘‘There will at the above address between 10 a.m. (5) A statement on the impact this not be any negative effects to any and 5 p.m., E.T., Monday through waiver will have on other commercial shipyards.’’ Friday, except federal holidays. An passenger vessel operators. According to electronic version of this document and the applicant: ‘‘There is one active Dated: March 30, 2001. all documents entered into this docket sailing charter operator, Alcyone By order of the Maritime Administrator. is available on the World Wide Web at Charters, (607) 272–7963, on Cayuga Joel C. Richard, http://dms.dot.gov. Lake and he has encouraged us to Secretary, Maritime Administration FOR FURTHER INFORMATION CONTACT: provide charter service since he has [FR Doc. 01–8294 Filed 4–3–01; 8:45 am] Kathleen Dunn, U.S. Department of been unable to meet the demand for BILLING CODE 4910–81–P Transportation, Maritime sailing charters.’’ Administration, MAR–832 Room 7201, (6) A statement on the impact this 400 Seventh Street, S.W., Washington, waiver will have on U.S. shipyards. DEPARTMENT OF TRANSPORTATION DC 20590. Telephone 202–366–2307. According to the applicant: ‘‘This SUPPLEMENTARY INFORMATION: Title V of Maritime Administration waiver will not have an adverse impact Pub. L. 105–383 provides authority to on United States vessel builders. [Docket Number MARAD–2001–9303] the Secretary of Transportation to Without a waiver for Teugega, we would administratively waive the U.S.-build not conduct sailing charters. We would Requested Administrative Waiver of requirements of the Jones Act, and other not purchase another vessel for the the Coastwise Trade Laws statutes, for small commercial passenger purpose of chartering.’’ vessels (no more than 12 passengers). AGENCY: Maritime Administration, Dated: March 30, 2001. Department of Transportation. This authority has been delegated to the Maritime Administration per 49 CFR By Order of the Maritime Administrator. ACTION: Invitation for public comments Section 1.66, Delegations to the Joel C. Richard, on a requested administrative waiver of Maritime Administrator, as amended. Secretary, Maritime Administration. the Coastwise Trade Laws for the vessel By this notice, MARAD is publishing [FR Doc. 01–8290 Filed 4–3–01; 8:45 am] TEUGEGA. information on a vessel for which a BILLING CODE 4910–81–P
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Part II
Department of the Interior Fish and Wildlife Service
50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arkansas River Basin Population of the Arkansas River Shiner; Final Rule
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DEPARTMENT OF THE INTERIOR ways that it may be improved. As soon Department of Environmental Quality, as practicable hereafter, the Department pers. comm., 1993). An accurate Fish and Wildlife Service of the Interior intends to propose the assessment of Arkansas River shiner review of the present rule and populations in the Arkansas, Cimarron, 50 CFR Part 17 thereafter, if appropriate, the proposal of and Beaver/North Canadian rivers is RIN 1018–AG12 a new approach to this critical habitat difficult because the populations may be designation after consideration of these so small that individuals may escape Endangered and Threatened Wildlife further comments, as part of the detection during routine surveys. The and Plants; Final Designation of recovery planning process. small size of Arkansas River shiner Critical Habitat for the Arkansas River DATES: This final rule is effective May 4, aggregations in these three rivers Basin Population of the Arkansas 2001. significantly reduces the likelihood that River Shiner ADDRESSES: The complete these populations will persist over administrative record for this rule is on evolutionarily significant timescales in AGENCY: Fish and Wildlife Service, the absence of intensive conservation Interior. file at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services efforts. ACTION: Final rule. In 1999, six Arkansas River shiners Office, 222 S. Houston, Suite A, Tulsa, were reportedly collected from the SUMMARY: We, the U.S. Fish and Oklahoma 74127–8909. You may view Arkansas River in Wichita, KS, at two Wildlife Service (Service), designate the complete file for this rule, by locations—four from near the 47th critical habitat pursuant to the appointment, during normal business Street South bridge and two near the hours at the above address. Endangered Species Act of 1973, as Kansas State Highway 96 crossing amended (Act), for the Arkansas River FOR FURTHER INFORMATION CONTACT: Ken (Vernon Tabor, U.S. Fish and Wildlife Basin population of the Arkansas River Collins, Oklahoma Ecological Services Service, Manhattan, KS, pers. comm., shiner (Notropis girardi). This Office, at the above address; telephone 2000). Prior to this collection, the designation is made in response to a 918/581–7458, facsimile 918/581–7467. Arkansas River shiner was believed to court settlement in Center for Biological SUPPLEMENTARY INFORMATION: be extirpated from the Arkansas River. Diversity v. Bruce Babbitt, et al. C99– Background Further examination of these specimens 3202 SC, directing us to submit for by Dr. Frank Cross revealed that these publication in the Federal Register a The Arkansas River shiner is a small, individuals were actually sand shiners proposal to withdraw the existing ‘‘not robust minnow with a small, dorsally (Notropis stramineus), a species which prudent’’ critical habitat determination flattened head, rounded snout, and superficially resembles the Arkansas together with a new proposed critical small subterminal mouth (located near River shiner. habitat determination for the Arkansas the head end of the body but not at the The decline of this species throughout River Basin population of the Arkansas extreme end) (Miller and Robison 1973, its historical range is primarily the River shiner by June 23, 2000, and final Robison and Buchanan 1988). Dorsal result of modification of the duration rule by March 15, 2001 (subsequently (back) coloration tends to be light tan, and timing of stream flows and extended until March 28, 2001). We are with silvery sides gradually grading to inundation by impoundments, channel designating as critical habitat a total of white on the belly. Adults attain a desiccation by water diversion and approximately 1,846 kilometers (1,148 maximum length of 51 millimeters (2 groundwater mining, stream miles) of rivers and 91.4 meters (300 inches). Dorsal, anal, and pelvic fins all channelization, and introduction of feet) of their adjacent riparian zones. have eight rays, and there is a small, nonindigenous species. Additional Critical habitat includes portions of the black chevron usually present at the information on the biology and status of Arkansas River in Kansas, the Cimarron base of the caudal fin. this species can be found in the River in Kansas and Oklahoma, the The Arkansas River shiner was first November 23, 1998, final listing Beaver/North Canadian River in described based on a fish collection in determination (63 FR 64772). Biological Oklahoma, and the Canadian/South 1926 from the Cimarron River northwest factors relevant to the species’ habitat Canadian River in New Mexico, Texas, of Kenton, Cimarron County, Oklahoma needs are discussed in the ‘‘Primary and Oklahoma. Section 7 of the Act (Hubbs and Ortenburger 1929). Constituent Elements’’ section of this requires Federal agencies to ensure that Historically, the Arkansas River shiner final rule. actions they authorize, fund, or carry was widespread and abundant out are not likely to adversely modify throughout the western portion of the Previous Federal Action designated critical habitat. As required Arkansas River basin in Kansas (KS), We included the Arkansas River by section 4 of the Act, we considered New Mexico (NM), Oklahoma (OK), and shiner in our September 18, 1985, economic and other relevant impacts Texas (TX). This species has Review of Vertebrate Wildlife (50 FR prior to making a final decision on what disappeared from more than 80 percent 37958) as a category 2 candidate for areas to designate as critical habitat. of its historical range and is now almost listing. Category 2 included those taxa This final critical habitat designation entirely restricted to about 820 for which information indicated that a is being completed pursuant to a kilometers (km) (508 miles (mi)) of the proposal to list as endangered or settlement agreement of a law suit Canadian River in OK, TX, and NM threatened was possibly appropriate, executed on February 16, 2000, and, (Larson et al. 1991; Pigg 1991). An but for which conclusive data on accordingly, must be published at this extremely small population may still biological vulnerability and threats were time without further review or delay. persist in the Cimarron River in OK and not currently available to support a However, the Department of the KS, based on the collection of only nine proposed rule. Our January 6, 1989, Interior’s initial review of this final individuals since 1985. A remnant revised Animal Notice of Review (54 FR critical habitat rule has raised concerns population also may persist in the 554) retained this status for the that are worthy of further attention. Beaver/North Canadian River of OK, Arkansas River shiner. Accordingly, we will continue to solicit based on collection of only four We first received detailed information additional public comments on the individuals since 1990 (Larson et al. on the status of the species in 1989 (Pigg effects of this final designation and 1991; Jimmie Pigg, Oklahoma 1989). A partial status survey by Larson
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et al. (1990) was a source of additional Conservation Council for Hawaii v. Amarillo, TX (August 7, 2000); information. We subsequently prepared Babbitt, 2 F. Supp. 2d 1280 (D. Hawaii Oklahoma City, OK (August 9, 2000); a status report on this species (U.S. Fish 1998)). Based on the standards applied Pratt, KS (August 11, 2000). Transcripts and Wildlife Service 1990). Following in those judicial opinions, we of these hearings are available for this report, Larson et al. (1991) and Pigg reexamined the question of whether inspection (see ADDRESSES section). (1991) provided comprehensive status designation of critical habitat for the We solicited nine independent expert survey information. In our November Arkansas River Basin population of the opinions of persons who are familiar 21, 1991, Animal Candidate Review for Arkansas River shiner is prudent. with this species to peer review the Listing as Endangered or Threatened As part of a settlement order of proposed critical habitat designation. Species (56 FR 58804), we reclassified February 16, 2000, in Center for However, none of the peer reviewers the Arkansas River shiner as a category Biological Diversity v. Bruce Babbitt, et submitted comments. We received a 1 candidate. At that time, category 1 al. C99–3202 SC, we agreed to total of 212 comments (148 written and (now referred to as candidates) included reconsider the question of whether 64 oral) from individuals, agencies, and those taxa for which we had substantial critical habitat would be prudent; and, organizations. Of these comments, 18 information on biological vulnerability if designation of critical habitat is supported critical habitat designation, and threats to support proposals to list prudent, we agreed to subsequently 146 were opposed to designation, and the taxa as endangered or threatened. propose designation of critical habitat 48 were neutral but provided We published a proposed rule to list for the Arkansas River Basin population information. We reviewed all comments the Arkansas River basin population of of the Arkansas River shiner by June 23, received for substantive issues and new the Arkansas River shiner as endangered 2000. Our proposed designation of data regarding critical habitat and the and invited public comment on August critical habitat for the Arkansas River Arkansas River shiner. We address all 3, 1994 (59 FR 39532). A nonnative shiner was published in the Federal comments received during the comment population of the Arkansas River shiner Register on June 30, 2000 (65 FR 40576). periods and public hearing testimony in that has become established in the Pecos We held three public hearings on the the following summary of issues. River was not included in that proposal. proposed rule in Amarillo, TX, on Comments of a similar nature are We reopened the comment period from August 7, 2000, Oklahoma City, OK, on grouped into issues. January 6, 1995, to February 3, 1995, (60 August 9, 2000, and in Pratt, KS, on FR 2070) to accommodate three public August 11, 2000. On August 15, 2000 Issue 1: Procedural Issues and Legal hearings. Following lifting of a (65 FR 49781), we published a notice in Compliance moratorium on issuing final listings or the Federal Register extending the (1) Comment: Critical habitat critical habitat designations on April 26, comment period on the proposed rule designation is not a required or 1996, we again reopened the comment and draft environmental assessment and necessary action under the Endangered period on the proposal on December 5, announcing the availability of the draft Species Act. In the final rule listing the 1997 (62 FR 64337). We published the economic analysis for comment. The Arkansas River Basin population of the final rule listing the Arkansas River final comment period was open until Arkansas River shiner, the Fish and basin population of the Arkansas River October 16, 2000. Wildlife Service determined that shiner as a threatened species on Summary of Comments and designation of critical habitat was not November 23, 1998 (63 FR 64772). Section 4(a)(3) of the Act requires Recommendations prudent because no benefit to the that, to the maximum extent prudent In the June 30, 2000, proposed rule, species would result. Why did the and determinable, we designate critical we requested all interested parties to Service reverse its opinion? Why were habitat at the time a species is submit comments or information that the parties affected by the designation determined to be endangered or might bear on the designation of critical not represented or involved in the threatened. Our regulations (50 CFR habitat for the Arkansas River shiner (65 litigation that led to the settlement 424.12(a)(1)) state that critical habitat is FR 40576). The first comment period agreement? not prudent if one or both of the was scheduled to close on August 29, Our Response: The Act (4(a)(3)) following situations exist—(i) the 2000. We extended this comment period requires that critical habitat be species is threatened by taking or other until October 16, 2000, to continue to designated for species listed as human activity and identification of solicit comments on the proposed rule threatened or endangered unless such critical habitat can be expected to and draft environmental assessment and designation would not be prudent. In increase the degree of this threat, or (ii) to accept comments on the draft the final rule listing the Arkansas River designation of critical habitat would not economic analysis (August 15, 2000; 65 Basin population of the Arkansas River be beneficial to the species. In the final FR 49781). We contacted all appropriate shiner as threatened, we determined rule listing the Arkansas River Basin State and Federal agencies, Tribes, that designation of critical habitat population of the Arkansas River shiner county governments, scientific would not be prudent because such (63 FR 64772), we found that organizations, and other interested designation would provide little benefit designation of critical habitat was not parties and invited them to comment. In to the species. However, as stated in the prudent because we believed critical addition, we published newspaper proposed rule to designate critical habitat would not provide any notices inviting public comment and habitat, a series of court decisions have additional benefit beyond that provided announcing the public hearings in the overturned several of our through listing as threatened. following newspapers in New Mexico: determinations made for different In the last few years, a series of court Quay County Sun; Kansas: Dodge City species that designation of critical decisions have overturned several of our Globe, Hutchinson News Herald, and habitat would not be prudent (for determinations made for different Wichita Eagle Beacon; Oklahoma: example, Natural Resources Defense species that designation of critical Woodward News, The Daily Council v. U.S. Department of the habitat would not be prudent (for Oklahoman, and Tulsa World; Texas: Interior 113 F.3d 1121 (9th Cir. 1997); example, Natural Resources Defense Amarillo Globe News, and Lubbock Conservation Council for Hawaii v. Council v. U.S. Department of the Avalanche Journal. We held three Babbitt, 2 F. Supp. 2d 1280 (D. Hawaii Interior 113 F.3d 1121 (9th Cir. 1997); public hearings on the proposed rule: 1998)).
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As part of a settlement order of adversely modify a listed species’ complex, interactive, and difficult to February 16, 2000, in Center for designated critical habitat. Regulations identify with certainty. However, such Biological Diversity v. Bruce Babbitt, et implementing the requirements of trends as declining flows, elimination al. C99–3202 SC, we agreed to section 7 (50 CFR 402.02) define and degradation of riparian areas, and reconsider the question of whether ‘‘jeopardize the continued existence’’ (of impoundment of previously flowing critical habitat would be prudent; and, a species) and ‘‘destruction or adverse water can be reasonably cited as reasons if we found that designation of critical modification’’ (of critical habitat) so for the species’ historic and present habitat is prudent, we agreed to similarly that the two prohibitions are decline. All of those examples are subsequently propose designation of nearly identical, thus resulting in little threats to the species’ habitat, so critical habitat for the Arkansas River additional protection through critical designation of critical habitat is prudent Basin population of the Arkansas River habitat designation. under the Act. In addition, while it is shiner. Individuals that are not party to Section 9 of the Act also provides unlikely that a single catastrophic event a lawsuit do not participate in substantial protection to listed species would, in itself, result in the immediate negotiations to resolve that litigation. by prohibiting any person (as opposed extinction of the species, the precarious However, we solicited advice and to section 7 which involves only Federal nature of the population and its comments from all interested agencies) from such activities as taking restricted distribution leave it individuals during the public comment listed species without proper permits, as vulnerable to significant extirpations periods established for the EA well as controlling transportation, which could lead to its eventual (Environmental Assessment) process selling, and importing or exporting extinction. and the proposed rule. listed species. Critical habitat is not (5) Comment: The Service was Upon further consideration, we protected under section 9, so no effect involved in preparing a Memorandum believe designation of critical habitat for on strictly non-Federal activities are of Understanding (MOU) among, the the Arkansas River shiner may be of added through critical habitat involved States, the Service, and other some benefit and is thus considered designation. parties interested in a cooperative and prudent. A critical habitat designation Despite the little additional benefit voluntary approach to Arkansas River benefits species conservation primarily critical habitat may provide listed shiner conservation. However, the MOU by identifying important areas and by species, its designation is required approach was abandoned. Critical describing the features within those under the Act if any benefits would habitat designation was not a part of the areas that are essential to conservation accrue to the species at hand. As MOU, and will jeopardize the of the species, alerting public and described above, there may be some opportunity to fully explore the private entities to the areas’ importance. benefit to the Arkansas River shiner effectiveness of the MOU approach. Although the designation of critical through designation of its critical Our Response: The commenter is habitat does not, in and of itself, restrict habitat. correct that an attempt to develop and human activities within an area or (3) Comment: The court did not sign a MOU was never completed. mandate any specific management or require that the Service designate However, we do not agree that the recovery actions, it does help focus critical habitat for the shiner. Rather, it designation of critical habitat in any Federal, tribal, State, and private required only that critical habitat be way precludes a cooperative approach conservation and management efforts in proposed and considered. Now that to conserving the Arkansas River shiner. such areas. Designating critical habitat critical habitat has been proposed, the As elaborated upon below, we believe may also provide some educational or Service should withdraw the proposal that a recovery planning process informational benefits. and return to its original ‘‘not prudent’’ involving the cooperation of numerous (2) Comment: The shiner is already determination. stakeholders remains the best approach protected under sections 4, 7, and 9 of Our Response: As explained above, to shiner conservation and will have a the Act. Why is additional protection we believe that designation of critical significant influence on how critical necessary? habitat provides some benefit to shiner habitat is managed, rather than the Our Response: Section 4 of the Act conservation and that recent court critical habitat designation driving governs listing of species, designation of interpretations on prudency of critical management decisions. critical habitat, and recovery planning. habitat would not lend support in this (6) Comment: Designating critical Neither the listing provisions nor case to a ‘‘not prudent’’ determination. habitat prior to development of a recovery planning process provide The court cases that reversed our not- recovery plan for the Arkansas River protective mechanisms per se. Rather, prudent determinations have used shiner is inappropriate. This ‘‘cart once a species is listed under the similar rationales for their decisions. before the horse’’ approach is provisions of section 4, the recovery (4) Comment: The Service did not use irresponsible toward the affected public. process begins, and the protections the best scientific and commercial The public should be allowed to afforded listed species under sections 7 information available in this participate in developing a recovery and 9 are then in effect. designation. No credible information plan for the species, which would be far We agree that protections afforded exists as to the threats faced by the more effective than designating critical listed species under sections 7 and 9 are species. The Service admits that its habitat. substantial, and that critical habitat contention that a single catastrophic Our Response: We agree that, in an designation usually adds only marginal event could eliminate the species is ideal situation, we would have a protections above those already afforded hypothetical and untenable. recovery plan in place for any species listed species. Under section 7, Federal Our Response: The best scientific and prior to designating its critical habitat. agencies are required to utilize their commercial information available shows In that way, the public would have authorities to further the conservation of that the Arkansas River shiner has been input into the recovery process, and species and the ecosystems upon which extirpated from around 80 percent of its enough would be known about the they depend. Federal agencies are historical range, and that its decline species to help determine what areas are prohibited from implementing actions continues in many of the areas in which essential to its recovery. However, the likely to jeopardize the continued it remains. As with most species, the Act requires that critical habitat be existence of a species or to destroy or factors causing the shiner’s decline are designated concurrently with a species’
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listing or, in some circumstances, each individual landowner within the beginning on August 7, 2000. Thus, the within 1 year of a final listing proposed area would have been nearly public was given 38 days notice of the determination. Unfortunately, the Act impossible. However, we went well dates and locations of the public does not allow for a delay in critical beyond the general notification hearings, exceeding the 15-day habitat designation until after a recovery requirements of the Act and the notification requirement in the plan is in place. Administrative Procedure Act. This regulations (50 CFR 424.16(c)(3). In It is important to note that the included notification of all State, local, addition, we mailed the proposed rule recovery planning process, which will and tribal governments; mailings to over and other information to over 1,100 allow the involvement of affected 1,100 interested parties; publication of interested parties on our mailing list, individuals; local, state, and tribal notices in 9 newspapers; issuance of a issued a press release announcing the governments; and others interested in press release and other informational proposal and the public hearings, and conservation of the Arkansas River materials; and announcement of all published legal notices in 9 newspapers shiner, will result in development of public hearings. We regret any instances covering the entire geographic area specific recovery actions to be where interested parties may have been affected by the proposed designation We implemented on behalf of the species’ unaware of the proposed designation. believe we provided the public adequate conservation. Although recovery plan The public comment period on this notification of the public hearings. implementation is not mandatory, the action was open for 60 days and We held public hearings in Amarillo, plan does usually provide a ‘‘blueprint’’ extended for an additional 48 days, for TX, Oklahoma City, OK, and Pratt, KS. for achieving recovery and substantially a total of 108 days of public comment. Although we exceeded the statutory influence how the species is managed The Act requires that a minimum of 60 requirement of one public hearing, we under the Act. Thus, although critical days be allowed for comment on a agree that more public hearings on the habitat is usually designated prior to critical habitat proposal. Thus, we proposal would have been desirable, recovery plan development, its on-the- exceeded the statutory requirement. In particularly in rural areas. However, ground recovery implementation can be addition, the court order limited the workforce, budgetary, and time influenced by a final recovery plan. It is amount of time we could allow for constraints did not allow us to hold the the consideration of critical habitat public review of the information. number of public hearings we would during the section 7 process, rather than The public comment period was have liked, and forced us to centralize its mere designation, that actually initially open for 60 days following the hearing sites. Further, the court- determines how a species’ habitat is publication of the proposed rule on June ordered deadline for making a final managed. 30, 2000. The initial 60-day comment determination on the proposal (March (7) Comment: Critical habitat should period met the requirement under 14, 2001) did not allow us to delay the be designated only in areas where the regulations at 50 CFR 424.16(c)(2). The public hearings until after the draft species is present. draft EA was also available for public economic analysis became available, nor Our Response: The definition of review at that time. During the 60-day did it allow us to hold hearings in the critical habitat under section 3(5) of the review period on the proposed rule and winter. Nonetheless, the public had Act includes areas outside the draft EA, we announced the availability ample opportunity to review and geographic areas occupied by the of the draft economic analysis (65 FR comment on the economic analysis, and species at the time it was listed, upon 49781; August 15, 2000) and extended many persons did so. a determination that such areas are the close of the public comment period (10) Comment: Federal designation of essential to the conservation of the 48 days beyond the initial 60 days, to critical habitat is duplicative and species. The term ‘‘conservation’’ is allow for a full review and comment intrusive upon States’ rights. defined under section 3(3) of the Act as period upon the draft economic Our Response: Since the designation the measures necessary to bring a analysis. Thus, the public had 108 days of critical habitat does not, in itself, species to the point that its protection to review and comment upon the prescribe specific management actions under the Act is no longer necessary, proposed rule and draft EA, and 63 days or restrictions, we do not see how a i.e., the species is recovered. We do not on the draft economic analysis. designation is duplicative of State believe that the Arkansas River shiner’s (9) Comment: Numerous commenters management efforts. As stated above, current distribution and numbers are felt that there were too few public the manner in which consideration of adequate to achieve its recovery. Thus, hearings held, and that the ones that critical habitat during the section 7 we determined that areas outside its were held should have been delayed process is implemented, will be strongly current geographic range are necessary until after the public had the influenced by the recovery planning to reach that goal. opportunity to review the draft process which will, in turn, involve the (8) Comment: All landowners within economic analysis. Some were States in which Arkansas River shiner the area affected by the designation concerned that the public hearings were recovery will occur. It is our intent that should have been notified. The Service held in the busy summer season and States will be closely involved in, and is attempting to implement critical should have been held in winter. Some therefore influential upon, recovery habitat without giving landowners questioned the geographic distribution plan development. adequate time to review the of the hearing sites, and some were (11) Comment: The proposed rule, information. (Numerous commenters concerned that the hearings were poorly draft economic analysis, and draft EA expressed concerns about the length of publicized. did not indicate that any coordination the comment period, particularly with Our Response: The Act requires that took place with any State or local regard to the amount of time allowed for at least one public hearing be held on governments nor any private review of the draft EA and draft a proposed designation of critical organizations. economic analysis.) habitat if requested within 45 days of Our Response: While the documents Our Response: Given the wide- publication of a proposed rule. In listed above did not describe in detail ranging nature of this designation, the anticipation of the public’s interest in the coordination that has taken place thousands of landowners involved, and the proposed designation, we during this designation process, we the amount of time available to announced in the proposal that we have coordinated extensively with all complete the designation, contacting would hold three public hearings involved States, as well as many water
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conservation districts and other local provide seeds and insects eaten by only applies to State-sponsored governments, throughout the listing of shiners, and thus contains a primary activities and does not apply to the species and its designation of constituent element of critical habitat. Federally-sponsored activities as does a critical habitat. On April 14, 2000, we (14) Comment: The designation of designation of critical habitat under the requested information on areas to critical habitat for the Arkansas River Act. Additionally, the State designation include or exclude from a proposed shiner is arbitrary. does not fully overlap this Federal designation and requested biological Our Response: We used the best designation. We may exclude areas from and economic information germane to scientific and commercial data available critical habitat upon determining that an the potential proposal from 5 Native in developing this designation. area is not in need of special American Nations, 34 State agencies, 31 Considerations that went into this management considerations or State and local elected officials, 57 mapping effort are described in the protection. However, the commenter county governments, 22 knowledgeable ‘‘Methods’’ section of this final rule. didn’t provide sufficient information to individuals, and 124 organizations, (15) Comment: The phrase ‘‘federally enable us to conduct such an local units of government, water funded actions on private lands’’ ‘‘and evaluation. conservation districts, and similar private actions that require a Federal (18) Comment: What is to stop the entities. We also contacted numerous permit or authorization’’ should be Service from enlarging the critical Federal agencies and elected officials by clarified. Does this mean all actions that habitat designation in the future? letter. receive Federal funds such as Our Response: Our future revision of (12) Comment: A copy of the participation in U.S. Department of this critical habitat determination would settlement agreement leading to the Agriculture programs, technical likely be a result of the recovery critical habitat designation should be assistance from the Natural Resource planning process, in which we intend to made available to the public. The Conservation Service, transition promote full citizen involvement. amount of funds paid to the Center for payments, government loans, loan Should the recovery planning process Biological Diversity as part of the deficiency payments, conservation plan identify additional areas necessary for settlement agreement should be part of compliance, etc.? critical habitat designation, or if other the public record. Our Response: It is up to Federal public comment indicates the need for Our Response: As stated in the agencies to determine whether their revisions to this designation, we would proposed and final rules, all supporting actions may affect a listed species or go through the complete rulemaking information for this designation is critical habitat and thus be subject to the process, including public participation, available for public inspection at the consultation requirements under section before finalizing a revised designation. Oklahoma Ecological Services Field 7 of the Act. An ‘‘action’’ is defined in We do not anticipate increasing this Office (see ADDRESSES section). In section 7 regulations (50 CFR 402.02) as designation. addition, persons may request copies of ‘‘* * * all activities or programs of any Issue 2: National Environmental Policy any documents associated with this kind authorized, funded, or carried out, Act (NEPA) Compliance designation, subject to the provisions of in whole or in part, by Federal agencies the Freedom of Information Act, by * * * Examples include but are not (19) Comment: The Service did not writing to the Field Supervisor at that limited to * * * the granting of adequately comply with the office. The settlement agreement is part licenses, contracts, leases, easements, requirements of the National of the public record in the United States rights-of-way, permits, or grants-in-aid Environmental Policy Act (NEPA). An District Court for the Northern District * * * or actions directly or indirectly Environmental Assessment (EA) is not of California, San Francisco Division, causing modifications to the land, adequate for an action of this Center for Biological Diversity v. Bruce water, or air.’’ magnitude; an Environmental Impact Babbitt, et al., Civil No. C99–3202 SC. (16) Comment: Critical habitat is Statement (EIS) is required. Council on The Stipulated Settlement Agreement unnecessary because the Service does Environmental Quality regulatory and the Order entering that agreement not have the authority to regulate water requirements for the content of an EIS were filed by the Court clerk on quality or quantity and use—only the were not met, and the public was not February 16, 2000. The Agreement does states and Environmental Protection provided adequate information. not specify attorney’s fees but Agency (EPA) do. The State of Kansas Our Response: The commenters did establishes that the Federal defendant has been working with the EPA to not provide sufficient rationale for their ‘‘agrees to pay Plaintiff’s reasonable enhance water quality. belief that an EIS is required. An EIS is attorneys’ fees and costs, such amount Our Response: We agree that we do required only if we find that the to be negotiated by the parties upon not have the authority to regulate water proposed action is expected to have a Defendant’s receipt of Plaintiff’s fee use, and have no intention of attempting significant impact on the human request.’’ to do so. However, any Federal agency environment. To make that (13) Comment: The 300-foot ‘‘buffer whose actions influence water quality or determination we prepared an EA, zone’’ is excessive and unnecessary. quantity in a way that may affect critical which analyzed the probable effects of Our Response: Critical habitat habitat must enter into section 7 the designation as well as several includes the area of bankfull width plus consultation. Those consultations alternatives to the proposed action. The 300 feet on either side of the banks. This cannot result in restrictions that are EA was made available for public is not for the purpose of creating a outside the action agencies’ authorities review and comment on June 30, 2000. ‘‘buffer zone.’’ Rather, it defines the to implement. In addition, we conducted a draft lateral extent of those areas we believe (17) Comment: Critical habitat is economic analysis. The economic are essential to the species’ unnecessary because the Kansas analysis was made available for public conservation. Although the shiner Department of Wildlife and Parks has review and comment on August 15, cannot be found in the areas when they designated critical habitat and has 2000. Based on those analyses and are dry, the areas are sometimes flooded ongoing plans to help conserve habitat comments received from the public, we and provide habitat during high-water for the shiner. prepared a final EA and made a Finding periods. In addition, the riparian Our Response: The designation of of No Significant Impact (FONSI), vegetation within these lateral areas critical habitat under Kansas State law negating the need for preparing an EIS.
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The final EA, final economic analysis, and discussed in sufficient detail the Historically, the Arkansas River shiner and FONSI provide our rationale for major issues we were aware of when we occupied 370 km (230.0 mi) of the determining that critical habitat prepared the draft EA. We have Canadian River in Texas. At present, the designation would not have a significant addressed all other issues brought to our ARS occupies 265 river-km (164.5 river- effect on the human environment. Those attention during the comment period in mi). This represents a loss of 28.5 documents are available for public the final EA and/or related documents. percent of the historically occupied review (see ADDRESSES section). (25) Comment: The draft EA fails to habitat in Texas. With the exception of (20) Comment: Neither the EA nor the discuss the environmental impacts of those aggregations inhabiting the reach economic analysis used information each alternative, including the proposed between Ute Dam, NM, and the upper from landowners or the Oklahoma Farm action. Such discussion should reaches of Lake Meredith, TX, the Bureau. include—adverse environmental Arkansas River shiner continues to Our Response: We considered all impacts that cannot be avoided; the decline. information submitted during the relationship between short-term use of We used survey data from a variety of comment periods. the environment and maintenance/ sources including the Texas Parks and (21) Comment: The draft EA failed to enhancement of long-term productivity; Wildlife Department, Bureau of include information on coordination and any irreversible or irretrievable Reclamation, University of New Mexico, with State and other Federal agencies. commitments of resources (CEQ Oklahoma State University, University Our Response: A discussion of our regulations paragraph 1502.16). of Kansas, University of Oklahoma, extensive pre-proposal coordination is Our Response: We disagree with the University of Michigan, Westark included in the final EA and available commenter. We considered a no-action Community College, Texas Tech through the Oklahoma Field Office (see alternative and several action University, and the Oklahoma ADDRESSES section). See the ‘‘National alternatives and discussed the adverse Department of Environmental Quality in Environmental Policy Act’’ section and beneficial environmental impacts of assessing the current status of the below for a discussion of the 10th each. We determined through the EA Arkansas River shiner. Some of this Circuit Court precedent on critical that the environmental effects of the information was funded by contract habitat and NEPA. critical habitat designation are with us, and we were active participants (22) Comment: The purpose of the insignificant above the effects from the in some of these studies. Fish and NEPA action should be clearly stated as listing. We believe our EA was habitat data were collected in each a court settlement in Center for consistent with the spirit and intent of study using standard survey techniques. Biological Diversity v. Babbitt et al. NEPA. (28) Comment: The population in the Our Response: The primary purpose (26) Comment: The draft EA did not Pecos River is no different than that in of the proposed designation is to aid in provide names and qualifications of the Arkansas River Basin, and no the conservation of the Arkansas River persons who prepared the document critical habitat was proposed for the shiner, as stated in the draft EA. (CEQ regulations paragraph 1502.17), Pecos River system. However, we clearly state in the final and the mailing list for those provided Our Response: While the origin of the EA that a secondary purpose of the copies of the draft EA was not included founding stock for the Pecos River action is to comply with the settlement (CEQ regulations paragraph 1502.19). population undoubtedly came from the agreement. Our Response: The regulations cited Arkansas River Basin, we consider these (23) Comment: The cover sheet of the by the commenter pertain to preparation two populations to be different. The draft EA does not indicate the lead of an EIS, not an EA. Arkansas River basin population is agency, list the cooperating agencies, discrete and separate, based on natural, provide the name, address, and phone Issue 3: Biological Concerns geographic isolation, from the number of the contact person, or denote The following comments and nonnative, introduced population in the the suspense date for submitting responses involve issues related to the Pecos River, likely the result of comments. biological basis for the designation and intentional or unintentional release of Our Response: The lead agency and status of the Arkansas River shiner. bait fish by anglers. The Arkansas River contact information were provided in (27) Comment: The Arkansas River basin population represents the only the cover letter transmitting the draft EA shiner population is stable, has surviving natural occurrence of the to interested persons. We have added readapted to other areas, has not taxon. The Pecos River population is not that information to the cover sheet in declined in TX or otherwise does not significant because it is an introduced the final EA. There are no formally- require the protection of the Act. Status population located outside of the recognized cooperating agencies in this information was missing from the species’ historic range and, as stated in action. proposed rule. How does the Service the final listing determination (63 FR (24) Comment: The draft EA fails to obtain status information on the 64772), is not essential for recovery of clearly define the major issues in species? the species within its historic range. We accordance with CEQ regulations Our Response: The Arkansas River do not believe listing or active paragraph 1502.14. Major issues which Basin population of the Arkansas River conservation of the introduced Pecos should be discussed in greater detail shiner was listed as threatened in 1998. River population is appropriate nor is include—whether the benefit of the Additional information on the biology such conservation required by the Act. action justifies the cost; effect on private and status of this species and our (29) Comment: The Arkansas River property; plus all other issues identified rationale for the listing can be found in shiner population in NM is healthy. by State and local governments, the November 23, 1998, final listing Our Response: Surveys and collection concerned citizens, and organizations. determination (63 FR 64772). Overall, records establish that the Arkansas Our Response: The major issues are the range of the Arkansas River shiner River shiner historically inhabited the defined in the Purpose and Need has declined by approximately 80 Canadian River from the TX-NM State portion of the draft EA. The regulation percent. As stated in the final rule, an line as far upstream as the Sabinoso area cited by the commenter speaks to analysis of the amount of occupied in central San Miguel County, NM alternatives rather than the Purpose and habitat demonstrates that the range of (Sublette et al. 1990), a distance of over Need section. We believe we identified the ARS has been reduced in Texas. 193 river-km (120 river-mi). The
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Arkansas River shiner also occurred in (32) Comment: The Arkansas River inadvertently collected by the Ute and Revuelto creeks and the shiner is used for bait or is sought by commercial bait industry or was Conchas River. Present aggregations of commercial bait dealers. occasionally being harvested for Arkansas River shiners are limited to Our Response: We have no personal use as bait. We do not believe roughly 52 river-km (32 river-mi) of the information which indicates that the that the abundance of the Arkansas Canadian River and a short segment of Arkansas River shiner is used as bait or River shiner has been or is likely to be Revuelto Creek. Although the Arkansas is a species selectively harvested by the seriously impacted by commercial River shiner population in the Canadian commercial bait industry. Arkansas harvest of bait fish. However, there is no River of NM appears to be stable, the River shiners may occasionally be conclusive evidence to confirm or refute range of the species has declined by captured incidental to harvest of this position and we believe the effect over 73 percent. commercial bait fishes. There also are of this factor warrants further (30) Comment: When was the most records of the existence or capture of investigation. As previously stated, the recent occurrence of the Arkansas River Arkansas River shiners outside of their section 9 prohibitions against take will shiner in the Cimarron River in Kansas historic range, such as the Pecos River likely minimize any effects to the near the Kansas State Highway 23 population, that are likely the result of species from the inadvertent collection crossing. intentional or unintentional release of of the species during commercial bait Our Response: The most recent bait fish by anglers. Prior to listing, the harvest. As stated in the final listing collection was in May of 1992. The Arkansas River shiner also may have determination (63 FR 64772), we believe specimen is catalogued in the natural occasionally been collected for personal the most significant threat to the ARS history museum at the University of use as bait by individual anglers. All from the commercial bait industry or Kansas, catalogue number KU 23070. four of the States within the historic bait collection for personal use is the This specimen was collected in Harper range of the species allow the harvest of potential for introduction of non- County, Oklahoma, near the U.S. Route fish for personal use as bait. However, indigenous fishes into occupied 283 crossing about 6.5 km (4 mi) south at the time of listing in 1998, the Arkansas River shiner habitat. of Englewood, KS. To our knowledge, Arkansas River shiner was already listed (34) Comment: Does the Arkansas no intensive fish surveys have occurred as threatened or endangered in the River shiner spawn in tributaries? Our Response: Spawning regularly in this segment of the Cimarron River States of KS, NM, and OK and collection occurs in the Canadian\South Canadian since that time. or possession was prohibited without a valid state permit. Following listing River and historically occurred in all of (31) Comment: A few comments under the Act in 1998, it was prohibited the other major Arkansas River requested clarification of the to take (includes harass, harm, pursue, tributaries such as the Cimarron and identification of the fish collected hunt, shoot, wound, kill, trap, or collect, Beaver\North Canadian Rivers. The only within the City of Wichita in 1999, or or to attempt any of these), import or small tributary that currently supports a informed us that these specimens were, export, shipping in interstate commerce resident population of the Arkansas in fact, not Arkansas River shiners and in the course of commercial activity, or River shiner is Revuelto Creek in NM. that the species has been extirpated selling or offering for sale in interstate Recent studies (Wilde et al. 2000) did from the Arkansas River in Kansas. or foreign commerce any Arkansas River not document spawning in Revuelto Another questioned whether the shiner except without prior obtainment Creek. Historically, other small occurrence of the species in the of a Federal section 10(a)(1)(A) or tributaries may have contained Arkansas River was a miraculous 10(a)(1)(B) recovery or incidental take spawning sites but few supported recovery or an indication that more permit, respectively. permanent, resident populations. Other study was needed. (33) Comment: What is the effect of than Moore (1944) and Wilde et al. Our Response: In 1999, six fish were commercial bait harvest on the Arkansas (2000), very little published information collected from two locations in the River shiner and have such effects been on reproduction by the Arkansas River Arkansas River within the Wichita, KS, documented. shiner exists. metropolitan area. At that time, the Our Response: As previously (35) Comment: Rainfall events specimens were believed to be Arkansas discussed, there is some evidence that, exceeding 5–6 inches are required to River shiners. However, the specimens at least occasionally, Arkansas River cause flooding and only one major flood were in poor condition and subsequent shiners were collected and used as bait event has occurred on the Cimarron re-examination of the specimens by Dr. prior to Federal listing as threatened. River since 1983; under such conditions Frank Cross led him to conclude that The rarity of this fish outside of the habitat for the Arkansas River shiner these fish were not Arkansas River Canadian\South Canadian River would does not exist. Others questioned the shiners. The minnow family, indicate that this fish is not likely to wisdom of designating critical habitat in Cyprinidae, is the largest and most occur in the retail trade or to be streams that do not sustain reliable widely distrubuted family of fishes with collected for personal use very stream flows or that are restricted to over 280 known species occurring in frequently. As stated in the final rule, pools during certain times of the year. North America alone (Robison and Larson et al. (1991) reported that there Both the Arkansas and Cimarron Rivers Buchanan 1988). Identification of is no evidence that the species has been were historically dry rivers and individual species, particularly within adversely affected by the commercial Arkansas River shiners cannot exist in the genus Notropis is difficult due to the harvest of bait fish. They suggested that a dry river. One individual noted that large number of species, their small size, slender-bodied fishes such as the minnows disappear during the dry and overall similar appearance. Even Arkansas River shiner would constitute months and then return with the spring within a species, individuals can vary only a small percentage of the rains and wanted an explanation of this considerably in size and appearance. In commercial harvest, assuming the phenomenon. Rivers which dry up preparing the proposed rule, we used commercial bait industry used large- every 3 or 4 years were not suitable the best information available to us at mesh seines as the major mode of habitat for the Arkansas River shiner. the time. At present the Arkansas River capture. We suspect that the Arkansas The Arkansas River shiner is hardy and shiner is believed to be extirpated from River shiner, while perhaps not a highly if it can find suitable habitat to survive the entire Arkansas River. sought commercial species, may be during periods of drought or low flow
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conditions, protection under the Act is would likely occur in rivers and streams these species are generally less than that not necessary because they are not of the Arkansas River basin. We do not of livestock at higher stocking rates. likely to become extinct. Another sought believe that construction of terraces, White-tailed deer (Odocoileus identification of refugia during periods shelterbelts, grassed waterways, and virginianus) are the only large-bodied, of drought or reduced stream flow, in other vegetative plantings for native ungulate that regularly occur in particular, if tributaries were important. conservation are likely to significantly riparian zones. Deer do not forage, herd, Our Response: We know of no impact habitat or threaten survival of or move in the same manner as specific studies which investigated the the Arkansas River shiner. livestock. Deer in the southern United response of Arkansas River shiners to (37) Comment: Designation of critical States do not tend to concentrate in drought and very few studies that habitat would result in the creation of large herds and do not remain in document how the species responds an artificial environment for the riparian areas for extended periods of during periods of low or no flow. Arkansas River shiner and we should time as do cattle. Deer typically do not Generally, during periods of low or no not proceed with the designation. trample vegetation and streambanks to flow, plains fishes seek refugia in Our Response: Designation of critical the same extent as cattle. Where cattle isolated pools or adjoining tributaries. habitat does not result in the creation of have access to streamside zones, they Here they strive to survive until suitable an artificial environment. In order to be generally reduce the suitability of the flow conditions return. This pattern of included in a critical habitat riparian zone for deer, either by retraction and recolonization of designation, the habitat must first be consumption of forage or by trampling occupied areas in response to flow and ‘‘essential to the conservation of the vegetation (Menzel 1984). Restriction of other habitat conditions is typical of species.’’ Critical habitat designations livestock grazing is one of the principal fishes who endure harsh conditions of identify, to the extent known using the management tools used for white-tailed plains rivers and streams. Localized best scientific and commercial data deer on public lands. Additionally, the extirpations are not typically of concern available, habitat areas that provide dietary preferences of deer and livestock where sufficient numbers of the species essential life cycle needs of the species generally do not overlap to a significant survive and can recolonize these areas (i.e., areas on which are found the extent. Deer are opportunistic feeders, when conditions improve. However, primary constituent elements, as consuming a wide variety of plant Arkansas River shiners and other plains defined at 50 CFR 424.12(b)). These species (Jackson (1961) as cited in fishes cannot survive when conditions physical and biological features, as Menzel (1984)), and cattle forage almost lead to permanent drying of river outlined in 50 CFR 424.12, include, but exclusively on grasses and forbs. systems. Such conditions are in part are not limited to, the following: space Consequently, we do not believe that responsible for the current status of the for individual and population growth, wildlife exert the same influence on the species. Although the Arkansas River and for normal behavior; food, water, or riparian zone as do cattle and likely will shiner is a fairly hardy species, other nutritional or physiological not degrade Arkansas River shiner conditions have degraded to the point requirements; cover or shelter; sites for habitat. where it can no longer persist in certain breeding, reproduction, or rearing of (39) Comment: The Arkansas River reaches. Conservation of the core offspring; and habitats that are protected shiner has no lasting value and is not an habitats is essential to survival and from disturbance or are representative of indicator of the health of ecosystems. recovery of the species. However, the historical geographical and The species should be allowed to conservation of sufficient reaches to ecological distributions of a species. In become extinct. allow expansion when suitable flow some cases, restoration of one or more Our Response: Congress, in section 2 conditions return or under conditions of of the constituent elements may be of the Act (Findings, Purposes, and overall improving habitat conditions needed before efforts to reintroduce a Policy), found that numerous species of and population expansion also is crucial species to an area where it is no longer fish, wildlife, and plants had become to survival and recovery of the species. extant would be successful. Recovery extinct or were in danger of, or, The absence of the Arkansas River efforts often focus on habitat restoration threatened with, extinction due to a lack shiner from an area during certain to obtain more natural conditions and of concern for their conservation. periods or under certain conditions does may involve the removal or corrective Furthermore, Congress found that these not necessarily mean the reach is restoration of any artificial, detrimental species of fish, wildlife and plants are unoccupied. Please also see our habitat traits. intrinsically valuable to the nation and response to Comment (64) under Issue (38) Comment: Several species of its people for reasons of aesthetic, 5. wildlife occur within the riparian ecological, educational, historical, (36) Comment: Current soil corridor and livestock could not have a recreational, and scientific value conservation practices keep runoff from greater impact on Arkansas River shiner (section 2(a)(3)). These findings are the entering the river and such measures habitat than these animals. basis of the Act. would likely preclude existence of Our Response: As stated in the final A variety of opinions likely exist as to Arkansas River shiner habitat. listing determination (63 FR 64772), we a particular species’ contribution to Our Response: Some soil conservation believe well-managed, free-range society. We believe that conserving all practices, such as terracing, are very livestock grazing is compatible with species of wildlife has a positive effect effective at reducing run-off and may viable Arkansas River shiner on society. Society, like the Arkansas contribute to overall declines in peak populations and will not cause River shiner, depends upon reliable discharge during rainfall events. significant degradation of the riparian supplies of clean water. Conserving However many conservation practices, zone. In fact, low to moderate grazing water resources will help to provide a such as construction of terraces, and seasonal or rotational grazing necessary resource for future shelterbelts, grassed waterways, and practices are compatible with many generations of people and maintain a certain vegetative plantings, are natural resource objectives. healthy aquatic ecosystem for fish and specifically designed to minimize soil Although many species of wildlife wildlife. As the health of ecosystems erosion and control sedimentation. inhabit lowland and riparian areas, they declines, the number of species Without these practices in place, soil are a natural component of the inhabiting those systems decline. In erosion and ensuing increased siltation ecosystem and the overall impacts of general, the presence of rare and
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declining species is very often a good (44) Comment: The Arkansas River shiner, with the exception of the indicator of failing ecosystem health. It shiner had not been reported from the occurrence of the Red River shiner. If would be contrary to the Act and our South Canadian River in over 50 years eradication of the Red River shiner from mission to allow the Arkansas River and the species no longer occurs there. the Cimarron River is feasible, shiner to become extinct without taking Our Response: Data available to us restoration of the Arkansas River shiner all reasonable preventative actions. and contained in our files demonstrates here would likely be successful. (40) Comment: Animals are only to be that the Arkansas River shiner persists Techniques to reduce or eliminate Red utilized to serve the needs of human in the majority of the South Canadian River shiners could include netting, kind and interfering with the natural River. The most recent data available for trapping, electrofishing, habitat process of extinction is frivolous, futile, Texas was published in 2000, and for modification, or use of fish toxicants. and unnecessary. Oklahoma in 1997. This information is Stream flow restoration would not likely Our Response: As stated in the final included in the administrative record compensate for the effect of the Red listing determination (63 FR 64772), we and is available for review by the public River shiner. The most effective agree that extinction and the dynamic by appointment, during normal business approach is to eliminate or minimize processes of natural selection, fitness, hours, at the Oklahoma Field Office. the possibility of establishment of this and evolution are natural, ecological Appointments can be made by fish into other Arkansas River phenomena. Numerous natural, contacting the Field Supervisor (see tributaries. We intend to fully address including catastrophic, events over ADDRESSES section). the threat from introduction of non- geologic time have resulted in the (45) Comment: What is the effect of native fishes during the recovery extinction of many species. However, the Red River shiner (Notropis bairdi) planning process for the Arkansas River evolutionary changes rarely occur at on Arkansas River shiner populations, shiner. rates comparable to those induced by have these effects been taken into (46) Comment: Recovery efforts human environmental alteration. consideration, and how would intended to eradicate Red River shiners Congress clearly recognized human- improving stream flow conditions would also impact other imperiled caused increases in the rate of species compensate for the competitive effect of Arkansas River basin fishes such as the extinctions and passed the Act in an the Red River shiner. peppered chub (Macryhybopsis attempt to decrease the rate at which Our Response: Competition with the tetranema) and the Arkansas darter human-caused extinctions occur. non-indigenous Red River shiner (Etheostoma cragini) and controlling the Allowing a species to become extinct contributed to diminished distribution Red River shiner or attempting simply because it has not adapted to and abundance of the Arkansas River restoration of the Arkansas River shiner rapid habitat changes caused by human shiner in the Cimarron River. The in light of the potential for introduction development is not permissible under morphological characteristics, of this non-native species is not wise the Act. population size, and ecological and would be unsuccessful even if (41) Comment: Several factors, such preferences exhibited by the Red River critical habitat was designated. as climate change, greenhouse gases, shiner suggest that it competes with the Our Response: As previously stated, and other natural phenomena, are Arkansas River shiner for food and other we intend to address the threat from responsible for the declining status of essential life requisites in the Cimarron introduction of the Red River shiner or the Arkansas River shiner, not just the River (Cross et al. 1983, Felley and other non-native fishes during the few mentioned by the Service. Cothran 1981). The accidental or recovery process. The needs of other Our Response: This issue is not intentional introduction of the Red organisms will be fully considered at relevant to the designation of critical River shiner into other stream systems that time. habitat and was addressed in the final represents a potentially serious threat; (47) Comment: The Arkansas River listing determination (63 FR 64772), however, we do not believe shiner was not reported from the under factor E in the ‘‘Summary of introductions of the Red River shiner Canadian River in TX until 1954 and Factors Affecting the Species’’ section. have presently had a detrimental effect was not an indigenous species until that (42) Comment: Wildlife species, such on any stream system in the Arkansas time. as least terns, whooping cranes, and River Basin other than the Cimarron Our Response: We agree, in part. The other water birds, racoons, fish, and River. Accidental or intentional releases Arkansas River shiner was first reported coyotes feed on Arkansas River shiners of the Red River shiner within stream captured from TX in 1954 by Cross et and decimate shiner populations during segments occupied by the Arkansas al. (1955) and Lewis and Dalquest those periods when the river is confined River shiner have occurred on several (1955). However records exist from to pools. In many instances this instances but no populations have upstream reaches of the Canadian River predation operates as a natural become established outside of that in in NM prior to 1950 (Sublette et al. population control mechanism. the Cimarron River (Luttrell et al. 1995). 1990). Consequently, we believe that the Our Response: This issue is not A recent record of another Red River Arkansas River shiner is native/ relevant to the designation of critical endemic, the Red River pupfish indigenous to the entire Canadian/South habitat and was addressed in the final (Cyprinodon rubrofluviatilis), from the Canadian River. listing determination (63 FR 64772), Salt Fork of the Arkansas River (Pigg et (48) Comment: There is no reason to under factor C in the ‘‘Summary of al. 1997) indicates that releases of fish save the Arkansas River shiner in Factors Affecting the Species’’ section. from the Red River continue to occur. Kansas, instead we should concentrate (43) Comment: Very little new status Certainly, the risk of extinction for the conservation efforts, such as land or biological information was included entire Arkansas River basin population acquisition, in Texas where the species in the proposed rule and the would increase if Red River shiners occurs. information used was dated. became established in the Canadian/ Our Response: Conservation Our Response: Most of the South Canadian River downstream of (recovery) of listed species is the information on the habitat requirements, Lake Meredith. ultimate purpose of the Act. Kansas food habits, and reproductive needs of The Cimarron River presently includes a significant portion of the the Arkansas River shiner was obtained provides all of the primary constituent historic range and recovery of the within the last three years. elements needed by the Arkansas River Arkansas River shiner will ultimately
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involve restoration of self-sustaining within the section of the Canadian River cubic meters per second (cubic m/s) populations in portions of its historic between Ute Reservoir, NM, and Lake (469 cubic feet per second (cfs)). range, including Kansas. The recovery Meredith, TX. This also would imply Streamflows at this gage for the years process was initiated upon listing of the that habitat requirements of these 1970 to 1999 now average 9.0 cubic species in 1998 and is not dependent species are somewhat different. The m/s (320 cfs). At the gaging station near upon designation of critical habitat. purpose of the Act is protection of Calvin, OK, some 272 river-km (169 Please also see our response to ecosystems and where possible, we river-mi) downstream, stream flows for Comment (81) under Issue 8. intend to consider habitat requirements the years from 1905 to 1965 averaged 51 Land acquisition can be an important of the chub as we undertake recovery for cubic m/s (1,804 cfs). Average tool in the conservation of federally the Arkansas River shiner. We also will streamflows at this gage over the entire listed species. Recovery planning for the encourage management based on period of record (1906 to 1999) is 52 species may include recommendations ecosystem principles which will ensure cubic m/s (1836 cfs). for land acquisition or easements benefits to all species in the area. involving private landowners. However, (51) Comment: The Service has no Issue 4: Economic Concerns these efforts would only be undertaken evidence to support the assumption that (53) Comment: Many commenters with the cooperation of the landowner. groundwater withdrawals from the High believed that we underestimated the Recovery actions such as land Plains aquifer has affected flows in the potential economic effects associated acquisition will be fully evaluated Canadian River or habitat for the with critical habitat designation. during the recovery phase. Arkansas River shiner. Our Response: Section 7 of the Act (49) Comment: The species experts Our Response: As explained in the requires other Federal agencies to disagree on habitat requirements for the final listing determination (63 FR ensure that any action authorized, Arkansas River shiner. Cross (1967) 64772), we agree that the extreme funded, or carried out by such agency is claimed that shiners are rarely found in southern portion of the High Plains not likely to jeopardize the continued quiet pools or backwaters and Wilde et aquifer does not influence streamflows existence of any endangered or al. (2000) found that the shiner in the Canadian River. We also agree threatened species or result in the exhibited no obvious selection or that the influence of the High Plains destruction or adverse modification of avoidance of any particular habitat type. Aquifer on streamflows in the Canadian critical habitat. The Act does not place Our Response: Cross’s work primarily River upstream of Lake Meredith is requirements on any other parties to described the preferred habitat of adult relatively minor. However, downstream consider the effect of their actions on fish during the period from 1940’s of the Hutchinson-Roberts County line critical habitat. As a result, non-Federal through late 1960’s when Arkansas in TX, the Canadian River is confined entities can only be affected by critical River shiner habitat in KS was more within the sediments of the Ogallala habitat designation when the activities intact than it is at present. The work by formation and groundwater discharge they carry out have a Federal nexus and Wilde et al. (2000) included both adults contributes to surface flows. the activity having the nexus could and juveniles from the Canadian River Groundwater depletion continues adversely modify critical habitat. in TX after this system had already been within much of the Central Regional The draft economic analysis to the degraded by the construction of several Subdivision of the High Plains aquifer. proposed rule found little incremental impoundments. Adult fish may use Kromm and White (1992) state that cost associated with the proposed slightly different habitats than sub- streamflow has been dramatically designation because the shiner already adults and fish in the Canadian River reduced by groundwater withdrawals in inhabits many of the areas being likely exploit available habitat when western Kansas and has eliminated proposed for designation, many of the preferred habitat is unavailable. aquatic ecosystems in many areas of the areas overlap with interior least tern Additionally, plains rivers are highly High Plains. Additionally, Luckey and habitat, which is a federally protected variable environments and plains river Becker 1998 also found that discharge species, and because many of the fishes are adapted to utilize the entire from the High Plains aquifer is activities occurring within proposed spectrum of habitat available in these important to streamflow in sections of critical habitat boundaries lacked any systems. Consequently, the microhabitat the western portions of the Arkansas identifiable Federal nexus. features utilized by Arkansas River River basin. Since the publication of the draft shiners, as reported by the experts, will (52) Comment: Has the Service economic analysis, information has vary according to conditions which specifically studied flows in the developed showing that not all the areas existed at the time of the study. Both Canadian River; there is currently much being proposed for critical habitat studies provide information that is more water flowing in the South overlap with least tern habitat, as was important in describing the habitat Canadian River than occurred 50 years originally believed. Furthermore, new utilized by the Arkansas River shiner. ago. information obtained subsequent to the (50) Comment: Arkansas River shiners Our Response: We have not proposed designation, indicates that the and peppered chubs have similar conducted specific studies related to section of the Arkansas River through habitat requirements and actions taken streamflow in the Canadian/South the City of Wichita is now no longer to conserve the shiner would also Canadian River. Instead, we rely heavily believed to be occupied by the species. benefit the chub. upon streamflow information collected As a result, the Addendum to the draft Our Response: Generally we agree by the U.S. Geological Survey (USGS) at economic analysis now projects that with this comment. Protection of the numerous streamflow gaging stations there will be some incremental costs habitat of one species will often result location within the Arkansas River associated with the critical habitat in at least partial or total protection for Basin. These data demonstrate that designation. These costs result from the other species in the same area. streamflow in the South Canadian River some additional section 7 consultations However, life history and habitat is not considerably greater than flows that could occur for some of the requirements of the two species do not which occurred some 50 years earlier. activities taking place within critical overlap completely (Wilde et al. 2000). For example, at the gaging station at habitat and that could be attributed to The current range of the chub and the Bridgeport, OK, stream flows for the the designation. Activities and Arkansas River shiner only overlap years from 1944 to 1964 averaged 13.2 associated Federal nexuses that could be
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affected by additional section 7 Although the draft economic analysis a small channel dam or run-of-the-river consultations include concentrated stated that we did not believe that any hydropower project could influence animal feeding operations (CAFOs) incremental effects associated with distribution and abundance of shiners, requiring U.S. EPA permits under the critical habitat designation would occur but not necessarily other small fishes National Pollution Discharge for agricultural-related practices, the consumed by terns. In the absence of Elimination System, sand and gravel Addendum to the draft economic such activities, however, consultations removal operations, and pipeline analysis acknowledges that in some required by shiner critical habitat will construction and maintenance activities areas small impacts could occur. The occur simultaneous with consultations requiring U.S. Army Corps of Engineers Addendum found that, due to a better for the least tern in those areas occupied permits under section 404 of the Clean understanding of areas occupied for the both species. Water Act. While the Addendum shiner and least tern, agricultural- (58) Comment: Some commenters reflects the associated costs of these related activities may take place in areas believed that we should have consultations, we do not believe that being designated for critical habitat considered the effect of listing the such costs are significant. where the shiner and tern’s current shiner in our economic analysis. (54) Comment: We received several occupancy are not well documented. In Our Response: We disagree that the comments from individuals concerned these areas, any future section 7 economic impacts of the listing should about how critical habitat designation consultations that occur could therefore be considered in the economic analysis will affect surface and groundwater be attributed to critical habitat. The for the designation of critical habitat. withdrawals. Addendum finds, however, that such The Act is clear that the listing decision Our Response: The permitting and effects remain relatively minor due to be based solely on the best available management of water access falls under the combined fact that many of the scientific and commercial data available the control of individual states. agricultural-related activities lack a (section 4(b) of the Act). Congress also Consequently, a Federal nexus does not clear Federal nexus, which would allow made it clear in the Conference Report exist that would allow us to affect us the opportunity to consult, and the accompanying the 1982 amendments to surface and groundwater withdrawals relatively minor impacts currently the Act that ‘‘economic considerations under the Act and a result, we do not adopted agricultural practices have had have no relevance to determinations believe that any section 7 consultations to date on the river ecosystems being regarding the status of species * * *’’ If will be conducted for these activities. designated. we were to consider the economic The Addendum to the draft economic (57) Comment: We received several impacts of listing in the critical habitat analysis further clarifies these issues. comments of concern that our draft designation analysis it would lead to (55) Comment: We received economic analysis failed to identify confusion, because the designation comments stating that it was inaccurate some Federal nexuses that potentially analysis is meant to determine whether to assume that their would be no could result in new consultations with areas should be excluded from the incremental effect on section 7 us over the effects these actions could designation of critical habitat based consultations for activities affecting have on critical habitat once it is solely upon the costs and benefits of the shiner critical habitat that also affect the designated. designation, and not upon the costs and interior least tern. Our Response: The draft economic benefits of listing a species. Our Response: The Addendum to the analysis attempted to identify all the Additionally, because the Act draft economic analysis corrects for this potential Federal nexuses on private specifically precludes us from oversight and now provides estimates lands and their associated activities in considering the economic impacts of the for the few section 7 consultations that order to assess the likelihood of listing, it would be improper to consider we believe may need to discuss an additional section 7 consultations those impacts in the context of an activities impact on shiner critical occurring because of the proposed economic analysis of the critical habitat habitat, in addition to the interior least designation. While the draft economic designation. Our economic analyses tern. Because the section 7 consultation analysis identified many different address how the actions we are would need to occur regardless of shiner Federal agencies having potential currently considering may affect current critical habitat designation, we believe nexuses on some private property or planned activities and practices; they the incremental effects to be minimal. activities, the analysis considered the do not address impacts associated with (56) Comment: We received many likelihood that critical habitat could previous Federal actions, which in this comments from individuals concerned trigger additional section 7 case includes the listing of the shiner as about the designation’s impact on consultations based on the historical a threatened species. This method is agricultural activities occurring on the record of whether any of these nexuses consistent with the standards published 91.4 meters (300 ft) ‘‘buffer zone’’ or associated activities has triggered by the Office of Management and bordering the designated river systems, consultations in the past. In most cases, Budget for preparing economic analyses including the planting of crops or our section 7 consultations for the under Executive Order 12866. livestock grazing that may receive some interior least tern, which occupies a (59) Comment: We received a form of Federal subsidy or the operation significant portion of the area being comment that our draft economic of CAFOs, which may require a Federal designated as critical habitat for the analysis relied too much on our own permit to discharge wastes into river shiner, involve many of the same resources for information at the expense bodies. activities that may affect shiner critical of other established information Our Response: In general, we have not habitat. The only instance where the sources. observed any adverse impacts shiner critical habitat would result in Our Response: The Act is clear that associated with traditional agricultural new, incremental consultations within only the Federal government is required practices along the river systems being least tern habitat would involve projects to consider the effect of its actions on designated for critical habitat. As a that impede movement of the shiners or critical habitat. As a result, we believe result, we have conducted very few their reproductive products (e.g., eggs, that only Federal government agency consultations on agricultural-related larvae) but do not adversely impact representatives are in a position to activities within the areas proposed for abundance of other fishes used by the characterize whether or not any critical habitat. least tern as a food source. For example, additional or re-initiated section 7
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consultations may occur as a result of human populations, regardless of their river throughout downtown Wichita and critical habitat designation. Because socioeconomic characterization. As water depths are generally in excess of critical habitat in this case is composed such, we do not believe that Executive those preferred by the Arkansas River principally of private lands, the only Order 12898 applies to critical habitat shiner. This reach of the river is also Federal agencies that could be affected designations. degraded by high nutrient loading and by this designation are those that issue (62) Comment: Some commenters groundwater contamination and permits, fund, or authorize activities on believed that the draft economic substrates in this reach are private lands. The draft economic analysis failed to adequately consider predominantly silt. Based on this analysis found that the activities the effect that the designation would information, we have excluded a 12.4- occurring on private land have very few have on small businesses and rural mile reach of the Arkansas River Federal nexuses. Furthermore, few of communities. through the City of Wichita. However, the activities associated with these Our Response: The Regulatory the current mayor has made remediation nexuses have required or are likely to Flexibility Act, as amended by the a priority and the city is taking steps to require section 7 consultations. Small Business Regulatory Enforcement improve water quality within this reach. Consequently, the sources of available, Fairness Act, generally requires an Water quality improvements should useful information outside of the agency to prepare a regulatory flexibility facilitate improvement in habitat Service was limited for the analysis of analysis of any rule subject to notice conditions in the river downstream of this designation. and comment rulemaking requirements the city. The excluded section also (60) Comment: We received many under the Administrative Procedure Act remains important to recovery of the comments from individuals expressing or any other statute unless the agency Arkansas River shiner because it serves their concern that critical habitat certifies that the rule will not have a to connect the upper section with the designation will infringe on their rights significant economic impact on a lower section during periods of high as private property owners and that the substantial number of small entities. We flow. Maintenance of this connection is designation could result in a reduction are certifying that this rule will in fact essential to successful egg development in their property’s value. not have a significant economic impact and movement of juvenile Arkansas Our Response: Because only the on a substantial number of small entities River shiners between the two sections, Federal government is required to and as a result, we do not need to and will facilitate future efforts to consider the effect of its actions on prepare either an initial or final restore Arkansas River shiners to this critical habitat we do not believe that regulatory flexibility analysis. We have section of the Arkansas River. the designation will result in any based our decision on the finding of the Considering the river functions to pass significant effects to private property draft economic analysis and Addendum flood waters during elevated stream owners. Only activities taking place on that this rule will not result in any flow conditions, we do not anticipate their property having some sort of significant additional burden to the that the city would propose Federal nexus could potentially be regulated community, regardless of the modification of this reach to the point affected and experience has shown that size of the entity. that connection between the upper and the majority of such activities have Issue 5: Site-Specific Issues lower sections during elevated flows rarely warranted enough concern to would no longer occur. trigger a formal section 7 consultation. The following comments and (64) Comment: Designation of critical Activities occurring on private property responses involve issues related to the habitat in the Cimarron River provides that could result in the ‘‘take’’ of a inclusion or exclusion of specific no benefit. Restoration of the Cimarron species, however, would still be subject streams reaches or our methods for and Arkansas rivers is not to direct consultation with the Service, selecting appropriate areas for hydrologically feasible and these rivers regardless of any connecting Federal designation as critical habitat. do not qualify as critical habitat. Areas nexus, under section 10 of the Act. Such (63) Comment: The Arkansas River without sufficient flow should not requirements remain unaffected by the within the City of Wichita, KS, qualify as critical habitat and should be designation of critical habitat and as a metropolitan area is unoccupied and is excluded. How can rivers that do not result the impacts can not be attributed not suitable habitat for the Arkansas always flow be habitat for the Arkansas to this rulemaking. River shiner due to surface and River shiner? (61) Comment: The Environmental groundwater contamination and the Our Response: As stated in our Protection Agency (EPA) indicated that presence of water control structures that response to comment 35, these rivers we should evaluate Executive Order impede movement of the species. and streams historically have portions 12898, Federal Actions to Address Our Response: During preparation of that dry either seasonally, during Environmental Justice in Minority the proposed rule, we believed this drought conditions, or for other natural Populations and Low-Income section of the Arkansas River was reasons. The species is adapted to this Populations, in our economic analysis. inhabited by the Arkansas River shiner. phenomenon and persist in isolated Our Response: Executive Order 12898 Further examination of these specimens pools and tributary refugia only to requires that each Federal agency make revealed that they were not Arkansas recolonize the dewatered areas once achieving environmental justice part of River shiners and the section of the flow resumes. Consequently, the its mission by identifying and Arkansas River through the City of absence of the Arkansas River shiner or addressing, as appropriate, Wichita is now no longer believed to be other fishes from an area during certain disproportionately high and adverse occupied by the species. In addition, periods or under certain conditions does human health or environmental effects two flow control structures exist within not necessarily mean the reach is not of its programs, policies, and activities this reach that are likely physical suitable habitat. on minorities and low-income barriers to the movement of Arkansas Arkansas River shiners successfully populations. We do not believe that the River shiner during normal and low spawn during elevated flows but major designation of critical habitat for flow conditions. One of these structures, overbank flood events are not necessary endangered and threatened species the Lincoln Street Dam, also serves to to ensure successful reproduction. results in any changes to human health impound the river for the purpose of Arkansas River shiners can, and do, or environmental effects on surrounding maintaining constant water levels in the spawn in isolated pools during the
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summer but the reproductive effort is disturbances can, although not always, aggregation of Arkansas River shiners. not likely to be successful. Flows in the increase sediment delivery, destabilize This segment contains all of the primary Cimarron River and eastern portions of banks, reduce organic litter, simplify constituent elements needed by the the Arkansas River basin in Kansas stream channels, increase peak flows Arkansas River shiner and is considered appear suitable for reproduction. and otherwise reduce the value of the essential to conservation of the species. As long as these drought and other habitat for stream fishes. In some Because the area is already occupied by adverse circumstances are temporary instances, injury or mortality of fishes the species, protection under the Act and not permanent, the shiner can may occur. Because the riparian within this section is already applicable recolonize reaches that were dewatered. corridor is particularly susceptible to regardless of the critical habitat Over the past several decades, the extent degradation from such activities, we designation. Additionally, the National of areas in the Arkansas River basin that concluded that the adjacent riparian Park Service, the primary land owner in periodically lose flow has increased due corridor would require special the reach downstream of the U.S. Routes to human alterations of the watersheds management consideration and 87\287 crossing, requested the area be and stream channels and diversion of therefore was appropriate for inclusion included because the designation would the streamflows. If sufficient areas of in critical habitat. assist the National Park Service in flow persist, and if all other habitat (66) Comment: Critical habitat in the future recovery of the species and needs are met, then the stream is Cimarron River in Oklahoma should be management of its habitat (Karen P. suitable for the species whether or not extended to a point at least one-half Wade, Director, Intermountain Region, there is flow throughout all areas at all mile beyond the Lone Mountain/Safety National Park Service, in litt. 2000). times. Clean facility. Critical habitat in the (68) Comment: Portions of the There are areas in the Cimarron and Cimarron River in Oklahoma should be Arkansas River downstream of the Arkansas rivers where flows are extended downstream to the Highway Oklahoma\Kansas state boundary artificially altered by human diversion 412 crossing near the confluence of should be included in the designation. and uses, up to and including complete Eagle Chief Creek. Our Response: These reaches are not loss of flow. In some of these areas, Our Response: Because of the suitable for the Arkansas River shiner changes in management may potentially requirement for all proposed critical due to the influence of flood control increase duration of flows and the habitat designations to undergo public impoundments and stream length of stream channel with review and comment, areas normally are channelization. Please see our permanent water, thus making them not added to the designation without an discussion at Unit 4 under the ‘‘Critical valuable for recovery and survival of additional proposal. However, if Habitat Designation’’ section. Arkansas River shiner. restoration efforts are successful, (69) Comment: Areas where the (65) Comment: Although some existing Arkansas River shiner Arkansas River shiner has not been comments supported inclusion of the aggregations may expand and utilize recorded from in the last two years adjacent riparian zone as critical habitat, additional segments of the Cimarron should not be designated as critical many others were strongly opposed to River downstream of the designated habitat. this approach because the riparian zone reach. We could amend critical habitat Our Response: Failure to record should not be considered habitat for the at a later date if information gained Arkansas River shiner from specific Arkansas River shiner. through the recovery planning process locations in the past several years is Our Response: Riparian areas form the indicates such revisions are warranted. generally indicative of low population basis of healthy aquatic ecosystems and If, at that time, we believe a revision is levels but does not necessarily support influence the primary constituent warranted and funding available, we a declaration of extirpation from the elements, therefore they are essential to would propose revised critical habitat entire stream. Documentation of small the conservation of the species and may and consider all information provided, populations is very difficult and often be included in a critical habitat both on additional areas considered in results in false declarations of designation. Streams and stream the revision as well as areas included in extirpation (Mayden and Kuhajda 1996). functioning are inextricably linked to the current designation, before a final At the least, this illustrates the need for adjacent riparian and upland areas. rule is published. Based on the best caution in concluding that a population Streams regularly submerge portions of available science at this time, we has been extirpated. Fish, particularly the riparian zone via floods and channel determine that the areas designated by small species, are often very difficult to migration, and portions of the riparian this rule are sufficient to conserve the locate when population levels are very zone provide seeds and insects eaten by species. As stated in our response to low. shiners. comment 18, we do not currently (70) Comment: Those streams The riparian zone also provides an anticipate a need to expand the present proposed for designation of critical array of important watershed functions designation. habitat that contain the nonnative Red that directly benefit plains fishes. (67) Comment: Critical habitat in the River shiner does not meet the proposed Vegetation in the corridor shades the Canadian River (Unit 1a) should not constituent elements description of few stream, stabilizes banks and provides include the area downstream of the U.S. or no predatory or competitive organic litter and large woody debris. Routes 87\287 crossing to the mouth of nonnative species present, and therefore The riparian zone stores sediment, Coetas Creek because this segment is do not qualify for designation as critical recycles nutrients and chemicals, within the operation pool of Lake habitat. mediates stream hydraulics and controls Meredith. Critical habitat designation Our Response: The Cimarron River microclimate. Healthy riparian zones should not include the Canadian River currently contains all of the primary help ensure water quality essential to in the Texas Panhandle. constituent elements for the Arkansas aquatic life. Human activities in the Our Response: The segment of the River shiner, with the exception of the riparian zone can harm stream function Canadian River from the mouth of occurrence of the Red River shiner. We and fishes by directly and indirectly Coetas Creek upstream to the vicinity of recognize the influence of this interfereing with these important Ute Reservoir, NM, including the nonnative on the Arkansas River shiner functions. For example grazing, crossing of U.S. Routes 87\287, is and intend to investigate measures to cultivation, road building and similar occupied by a relatively stable control or remove the Red River shiner
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prior to any attempts to reestablish the management practices do not result in certain types of grazing in riparian Arkansas River shiner. Although the take of listed species. Private actions on zones likely have minimal impacts. In lack of nonnative aquatic species is the private property, such as those fact, low to moderate grazing and best case scenario for the Arkansas River mentioned in the comment above, seasonal or rotational grazing practices shiner, the mere presence of nonnative would generally be exempt from the are compatible with many natural aquatic species does not eliminate an regulatory provisions of the Act unless resource objectives. However, negative area from consideration as critical the actions involve Federal funds, effects of overgrazing remain a concern habitat. There is strong potential for Federal authorization, or some other (see ‘‘Summary of Factors Affecting the enhancement of the Cimarron River to Federal nexus, or if the individual is Species’’ section in the final listing the point where it may once again engaged in an activity that is likely to determination (63 FR 64772)). In support healthy populations of result in take of the Arkansas River instances where water quality Arkansas River shiner. shiner. The term ‘‘take’’ means to degradation may be occurring as a result harass, harm, pursue, hunt, shoot, of livestock grazing, fencing of the Issue 6: Effects of Designation wound, kill, trap, capture, or collect, or riparian area is one of many corrective The following comments and to attempt to engage in any such measures which could be responses involve issues related to the conduct. Prohibitions against take of the recommended. Designation of critical effects of critical habitat designation on species under section 9 of the Act habitat does not result in the land management or other activities. would be present regardless of whether establishment of a refuge or wildlife (71) Comment: The Service should or not critical habitat has been management area and fencing of the clarify how critical habitat designation designated. If areas designated as riparian corridor is not anticipated to will affect private properties, private critical habitat are not occupied by occur except in those isolated instances land uses, and management practices. Arkansas River shiners, no take in the previously discussed. Specific concerns raised included form of harm or harassment would We are sensitive to the concerns of taking\confiscation of private property, occur from activities on these areas and individuals concerning property rights imposed land use restrictions, reduced no section 9 prohibitions would be in and genuinely do not believe the land values, limited or restricted surface force. However, effects from activities in designation of critical habitat will have and groundwater rights and ability to unoccupied habitat that extend significant effects beyond those imposed irrigate, supercede state’s right to downstream to areas occupied by a by the listing of the Arkansas River manage and regulate water, forced listed species could result in take, shiner. We will work with any fencing of riparian zone, hamper regardless of whether or not critical landowner within the designated areas individual decision-making capacity, habitat has been designated. Although to help identify actions that would or forced land acquisition, further the legal definition of harm includes would not likely result in take of the regulation of oil and gas industry, habitat modification, this applies only Arkansas River shiner, identify regulation of pesticides, restrict off-road to the species and not to critical habitat. measures to conserve the shiner, and and recreational vehicle use, require Critical habitat is not protected under where appropriate, to develop Habitat acquisition of water rights, prohibit or the take prohibitions of section 9, and Conservation Plans and associated restrict farming operations such as there is no regulatory effect of critical permits under section 10 of the Act to cultivation, grazing, haying, pecan habitat on strictly non-Federal activities. authorize incidental take of the shiner. harvest, restrict aquaculture, and If the action causing take does not In unoccupied areas, individual regulate CAFOs. involve a Federal nexus, a private party landowners will not be affected unless Our Response: A critical habitat could seek a section 10(a)(1)(B) a Federal nexus exists. designation has no effect on situations incidental take permit to legally take (72) Comment: The Service should where a Federal agency is not involved, Arkansas River shiners incidental to clarify how critical habitat designation for example, a landowner undertaking a otherwise lawful activities. When a will affect specific Federal activities and project on private land that involves no Federal nexus is involved, consultation projects. Specific actions mentioned Federal funding or permit. Individuals, under the Act would be required. included construction and operation of organizations, States, local and tribal Within the delineated critical habitat watershed dams, farm program governments, and other non-Federal boundaries for the Arkansas River payments, government loans, technical entities would potentially be affected by shiner, only lands containing one or assistance by Federal agencies, the designation of critical habitat only if more of the primary constituent operation of flood control projects, their actions occur on Federal lands, elements that are essential for the operation of Federal dams, existing require a Federal permit, license, or primary biological needs of the species waste-water discharges, conservation other authorization, or involve Federal are considered critical habitat. Existing plan compliance, and Lake Meredith funding and the action has the potential human-constructed features and Salinity Control project. to affect the species or its critical structures within the critical habitat Our Response: Section 7(a) of the Act habitat. In this instance, Federal boundary, such as buildings, requires Federal agencies to ensure that agencies are required to enter into powerlines, roads, railroads, and others actions they fund, authorize, or carry section 7 consultation with us. Effects of not currently containing one or more of out do not destroy or adversely modify the designation on projects with a the primary constituent elements are not critical habitat to the extent that the Federal nexus is explained in the considered critical habitat and are not action appreciably diminishes the value ‘‘Effect of Critical Habitat Designation’’ included in the designation. of the critical habitat for the survival section and in Comment (72). Designation of critical habitat does and recovery of the species. Federal A critical habitat designation does not not prescribe specific management actions not affecting the species or its impose any additional regulatory actions but does serve to identify areas critical habitat, as well as actions on burdens on private land other than that are in need of special management non-Federal lands that are not federally those imposed by the species’ listing. considerations. Regarding grazing, we funded or permitted, will not require Private landowners continue to be free believe well-managed livestock grazing section 7 consultation and will not be to manage their property as they see fit, is compatible with viable Arkansas affected. Specific Federal actions will using care to ensure that their land River shiner populations and that need to be reviewed by the action
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agency to determine if the species or its project modifications. Implementation plight and allows us to spend funds designated critical habitat would be of reasonable and prudent measures and from our budget designated for listed affected. If the Federal action agency alternatives are not discretionary. species management and protection. It determines the proposed activity may However, discretionary measures to also increases the likelihood that other affect the species or critical habitat, they minimize or avoid adverse effects of a involved Federal, State, and private will consult with us under section 7 of proposed action on listed species or organizations will dedicate more funds the Act. The implications of the critical habitat would be provided as to recovery of the Arkansas River shiner. consultation process on the various conservation recommendations in the Section 7 of the Act provides mandatory agencies would vary according to the biological opinion. protection from any federally permitted, nature of the project. If, during the We are required to deliver a biological authorized, funded or carried out consultation process, it is determined opinion, which concludes consultation, activity that would cause jeopardy or that the activity is likely to adversely to the action agency within 135 days of adverse modification of critical habitat, modify critical habitat, we will work receipt of a request for formal as explained above. In fact, the Service, with the agency to modify the activity consultation (50 CFR 402.14(e)). If the U.S. Army Corps of Engineers, and the to minimize negative impacts to critical action agency incorporates consultation Bureau of Reclamation have already habitat. We will work with the agencies into their planning process and provided funding for implementation of and affected public early in the consultation is initiated early, project conservation actions for the species. We consultation process to avoid or delays are unlikely. Meetings with us, do not believe the designation will minimize potential conflicts and, preparation of documents, and hinder or delay recovery. whenever possible, find a solution implementation of any reasonable and (75) Comment: Does the listing and which protects listed species and their prudent alternatives or measures critical habitat designation allow the habitat while allowing the action to go identified in the biological opinion may Service to be granted access to private forward in a manner consistent with its result in some additional project costs. property or allow trespass? intended purpose. Large water development projects Our Response: No. We do not Projects that were constructed or virtually always involve a Federal condone entering private land without invoked before the listing of the agency through funding, permitting, or landowner permission. Arkansas River shiner would not be other action. Therefore, future (76) Comment: Designation of critical affected by this designation except in construction and ongoing operation of habitat will prohibit hunting, fishing, those instances where the agency still Federal reservoirs should be evaluated hiking, off-road vehicle use and other retains some discretion or authority over by the action agency for impacts to the forms of recreation. Off-road vehicle use the project. For these completed projects species or its critical habitat, and, where is not affecting the Arkansas River where affects to the species or critical impacts occur, these actions would shiner. habitat are anticipated, or a undergo consultation under section 7 of Our Response: As stated in the final modification of the existing project is the Act. If feasible, modifications to listing determination (63 FR 64772), we proposed, section 7 consultation would these projects will be sought to ensure believe that normal, lawfully authorized be required. Projects which have that the ecosystems upon which this recreational activities such as hunting, completed section 7 consultation but species depends are conserved. and fishing, do not result in take of the have not yet been fully constructed and However, if no adverse impacts would Arkansas River shiner and would not be the potential destruction or adverse occur, or if the affected habitat is prohibited under section 9 of the Act. modification of critical habitat for the unoccupied and unsuitable, further These activities do not generally impact Arkansas River shiner has not been consultation under section 7 would be or destroy the physical habitat for the addressed, section 7 consultation must unlikely. shiner. However, although specific be reinitiated with us. (73) Comment: Designation of critical studies are lacking, heavy recreation use If a project was determined to habitat will bring a rash of lawsuits. may be adversely impacting the stream adversely affect the Arkansas River Our Response: Section 11(g) of the and habitat for the Arkansas River shiner, or destroy or adversely modify Act allows citizens or organizations shiner, particularly during periods of its critical habitat, the action agency seeking redress in those instances where low flow. Within areas occupied by the would initiate formal consultation with they contend that no action, limited shiner, recreational and off-road vehicle us. We would then prepare a biological action, or inappropriate action is putting use within the river bed to the extent opinion, pursuant to 50 CFR 402.14 (h) listed species at risk. The individual or that habitat for the Arkansas River and (i). If incidental take of a listed organization making such claims is shiner is adversely impacted could be a species was involved, we would provide required to present information to violation of section 9. reasonable and prudent measures in an support its position. The Lake Meredith National incidental take statement to minimize (74) Comment: We cannot guarantee Recreation Area is managed by the take and its effects. Under the terms of that funds will be available for species National Park Service. Consequently, sections 7(b)(4) and 7(o)(2), taking that management and recovery or to the National Park Service has an is incidental to and not intended as part reimburse funds expended on obligation under section 7 of the Act to of the agency action is not considered management and to offset economic evaluate its activities for possible effects taking within the bounds of the Act, losses. Designation of critical habitat on listed species. We do not anticipate provided that such taking is in will hinder, complicate, or delay that recreational activities at the Lake compliance with an incidental take recovery. Meredith National Recreation Area or statement in a biological opinion. Our Response: We agree that listing other Federal reservoirs would be If we determine during formal does not guarantee that additional significantly altered as a result of consultation that a project would funding will become available to evaluations under section 7. jeopardize the continued existence of a implement appropriate management of (77) Comment: Even though the listed species, we would seek to develop the species, such as that which may be lateral extent only includes a 300-foot reasonable and prudent alternatives to recommended in an approved recovery riparian corridor, the implications of the avoid jeopardy. Such reasonable and plan. The listing does, however, raise designation appear to apply to the entire prudent alternatives might require the level of awareness about the species’ watershed of the streams designated as
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critical habitat, including their policies, and programs than through private stakeholders in the development tributaries. Federal regulation. We believe that and implementation of conservation Our Response: Habitat quality within designating tribal land for the Arkansas actions for the species. The plan the mainstem river channels is directly River shiner provides very little benefit establishes a framework for agencies to and indirectly related to the character of to the species and would compromise coordinate activities, and cooperate the floodplain and the associated the government-to-government with each other in conservation efforts, tributaries, side channels, and relationship essential to achieving our set recovery priorities, and estimate backwater habitats. Consequently mutual goals of managing for healthy costs of various tasks necessary to activities occurring in the entire ecosystems upon which the Arkansas accomplish the goals of the plan. The watershed can influence stream flow, River shiner depends. plan will describe site specific habitat quality, and other key habitat management actions necessary to Issue 8: Recovery features (e.g., substrate type and water achieve conservation and survival of the quality). Federal agencies are The following comments and species. One of the main emphases of responsible for ensuring that their responses involve issues related to recovery plans is to address threats activities do not jeopardize the recovery and recovery planning for the affecting the survival of the species and continuing existence of the shiner or Arkansas River shiner. Although not to remove or minimize their influence. destroy or adversely modify it relevant to the designation of critical However, we have no intention of designated critical habitat. Some habitat, we chose to address some of the restoring these ecosystems to pristine activities which occur within a comments related to this issue. conditions. The recovery plan also will watershed would likely have an impact (81) Comment: Some comments identify delisting criteria. on the species or its critical habitat and expressed concern regarding In the ‘‘Available Conservation must undergo section 7 consultation. implementation of unfavorable recovery Measures’’ section of the final listing Although activities within the actions or noted that the details, costs, determination, we listed four general watershed may affect the critical habitat, and recovery goals of the recovery conservation measures that could be it is not our intent to designate areas program were missing from the implemented to help conserve the outside of the floodplain as critical proposed rule. Others mentioned Arkansas River shiner. While this list habitat. specific tasks, such as further research, does not constitute the entire scope of (78) Comment: How will designation captive propagation, control of salt a recovery plan as discussed in the affect commercial minnow dealers? cedar (Tamarix sp.), stream flow provisions of section 4(f) of the Act, it Our Response: As stated in the final restoration, control of non-native fishes, does provide an indication of measures listing determination (63 FR 64772), we and restoration of the Arkansas River we intend to investigate during anticipate that listing of the Arkansas shiner to unoccupied habitat, which we preparation of a recovery plan. River shiner would only have minimal might implement during recovery. Future conservation and recovery of effects on the activities of the Our Response: The Secretaries of the the shiner will emphasize remaining commercial minnow industry. Interior and Commerce set forth an aggregations and habitats in the Commercial minnow harvest does not interagency policy to minimize social Canadian, Cimarron, and Beaver\North generally lead to habitat impacts and the and economic impacts of the Act Canadian Rivers. We also intend to designation of critical habitat is not consistent with timely recovery of listed address the implications of groundwater likely to have any effect on commercial species on July 1, 1994 (59 FR 34272). withdrawals and diversions of surface harvest of bait fish. Consistent with this policy, we intend water during the recovery process. (79) Comment: The designation of to work closely with stakeholders Generally, we will support and critical habitat will result in control of, throughout the Arkansas River basin encourage the States in their efforts to or ‘‘taking’’ of, private property in regarding development of recovery increase irrigation efficiency and violation of the rights granted under the actions for the Arkansas River shiner improve conservation of groundwater Fifth and Tenth Amendments to the and will strive to balance sources in the High Plains. Conservation U.S. Constitution. implementation of those recovery of the High Plains aquifer, and the Our Response: This designation will actions with social and economic resulting benefits to streamflow within not ‘‘take’’ private property. The concerns. the Arkansas River basin, will not occur designation of critical habitat affects The ultimate purpose of listing a without the participation of the States. only Federal agency actions. Please see species as threatened or endangered We believe voluntary conservation of our discussion under the section under the Act is to recover the species the groundwater resource will be more entitled ‘‘Takings.’’ to the point at which it no longer needs effective in recovery efforts for the the protections provided to the listed Arkansas River shiner than restricting or Issue 7: Designation of Critical Habitat species. The Act mandates the otherwise regulating withdrawals. on Tribal Land conservation of listed species through Introductions of non-indigenous (80) Comment: One commenter different mechanisms. Section 4(f) of the species will be closely monitored. questioned why we did not propose to Act authorizes us to develop and Where needed, we will develop and designate critical habitat on tribal lands implement recovery plans for listed implement measures to minimize or but proposed critical habitat on other species. A recovery plan delineates eliminate the accidental or intentional private lands when the designation reasonable actions which are believed to release of these species. Studies will be would have the same effects on both. be required to recover and\or protect initiated to determine the feasibility of, Our Response: Under the Presidential listed species and may address and techniques for, eradicating or Memorandum of April 29, 1994, and measures specifically mentioned during controlling Red River shiners in the Executive Order 13175, we have an the comment period. Recovery plans do Cimarron River. If control or eradication obligation to consult with tribes on a not, of themselves, commit personnel or is feasible, a control program will likely government-to-government basis and funds nor obligate an agency, entity, or be implemented. believe that fish, wildlife, and other person to implement the various tasks As stated in the following section natural resources on tribal lands are listed in the plan. Recovery plans serve entitled ‘‘Methods’’, we have already better managed under tribal authorities, to bring together Federal, State, and begun steps to evaluate and study
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captive propagation of the Arkansas interest in pursuing this program within 3(3) of the Act, means ‘‘to use and the River shiner using the non-native Pecos the metropolitan area. use of all methods and procedures River population. And we have begun (84) Comment: The Service handled which are necessary to bring any participating in a joint effort to recovery poorly by waiting until after endangered species or threatened investigate the feasibility of controlling the settlement agreement to begin species to the point at which the salt cedar as a means of enhancing recovery planning. The Service has measures provided pursuant to this Act stream flow in western portions of the completed most of the recovery plan are no longer necessary’’ (i.e., the basin. The State of Texas also has without public involvement. species is recovered and removed from initiated similar efforts in the Canadian Our Response: We are currently in the the list of endangered and threatened River. process of assembling a recovery team species). (82) Comment: Recovery of the and drafting a recovery plan for the Section 4(b)(2) of the Act requires that species is too costly and recovery is not Arkansas River shiner. This draft we base critical habitat proposals upon guaranteed by listing or through the recovery plan will include a more the best scientific and commercial data recovery process. The Service should thorough analysis of recovery needs of available, taking into consideration the involve stakeholders in meetings and in the shiner. We did not wait until after economic impact, and any other the development of recovery actions. the settlement agreement to begin relevant impact, of specifying any Our Response: Regulations at 50 CFR recovery planning. We prepared, at the particular area as critical habitat. We 424.11(b) require the Secretary of the time of the final listing determination, a can exclude areas from critical habitat Interior to make listing decisions based recovery outline for the shiner and have designation if we determine that the on ‘‘the best available scientific and begun to implement some preliminary benefits of exclusion outweigh the commercial information regarding a recovery tasks identified in the outline. benefits of including the areas as critical species’ status, without reference to Recovery outlines are brief internal habitat, provided the exclusion will not possible economic or other impacts of planning documents that are prepared result in the extinction of the species. such determination.’’ Neither the Act within 60 days after the date of In order to be included in a critical nor implementing regulations allows us publication of the final rule. These habitat designation, the habitat must to consider the recovery potential or documents are intended to direct first be ‘‘essential to the conservation of recovery cost for a species in recovery efforts pending completion of the species.’’ Critical habitat determining whether a species should the recovery plan. We have not, to this designations identify, to the extent be listed. point, completed or even begun drafting known using the best scientific and It is our policy (59 FR 34270) to solicit a recovery plan. Considering the first commercial data available, habitat areas active participation by the scientific two sections of a recovery plan present that provide essential life cycle needs of community, local, State, and Federal information on the biology, life history, the species (i.e., areas on which are agencies, Tribal governments, and other and threats to the species, the final found the primary constituent elements, interested parties in the development listing determination and this document as defined at 50 CFR 424.12(b)). and implementation of recovery plans. will be used in the preparation of these Section 4 requires that we designate Because the Arkansas River shiner sections. As such, much of the work critical habitat at the time of listing and occurs primarily on private property, we required to draft a recovery plan has based on what we know at the time of fully realize that recovery of this species been completed. However, an the designation. When we designate will depend upon local community implementation schedule, which details critical habitat at the time of listing or support and the voluntary cooperation estimates of the time required to under short court-ordered deadlines, we of private landowners, and we welcome complete identified tasks and costs to will often not have sufficient them as cooperators in the recovery carry out those measures needed to information to identify all areas of effort. We will work closely with achieve the plan’s goal is far from critical habitat. We are required, stakeholders in the management and complete. We hope to utilize the nevertheless, to make a decision and recovery of the Arkansas River shiner to expertise of the many stakeholders in thus must base our designations on ensure that the concerns of local the completion of this section of the what, at the time of designation, we governments, citizens, and others are plan. Once a recovery plan for the know to be critical habitat. considered. Technical assistance will be Arkansas River shiner has been Within the geographic area occupied provided to those property owners and developed, the plan will be available for by the species, we will designate only land managers who wish to implement public review and comment prior to areas currently known to be essential. conservation measures for this species. adoption. We will not speculate about what areas (83) Comment: Use the Safe Harbor might be found to be essential if better program to save species. Critical Habitat information became available, or what Our Response: A Safe Harbor Critical habitat is defined in section areas may become essential over time. If Agreement is a voluntary arrangement 3(5)(A) of the Act as—(i) the specific the information available at the time of between us and cooperating non-Federal areas within the geographic area designation does not show that an area landowners designed to promote occupied by a species, at the time it is provides essential life cycle needs of the voluntary management of listed species listed in accordance with the Act, on species, then the area should not be (64 FR 52676). Through this process, we which are found those physical or included in the critical habitat will authorize any necessary future biological features (I) essential to the designation. incidental take while providing conservation of the species and (II) that Our regulations state that, ‘‘The participating landowners with may require special management Secretary shall designate as critical assurances that no additional considerations or protection and; (ii) habitat areas outside the geographic area restrictions will be imposed as a result specific areas outside the geographic presently occupied by the species only of their conservation actions. We intend area occupied by a species at the time when a designation limited to its to utilize Safe Harbor Agreements to the it is listed, upon a determination that present range would be inadequate to extent practical during conservation of such areas are essential for the ensure the conservation of the species.’’ the Arkansas River shiner. In fact, the conservation of the species. The term (50 CFR 424.12(e)). Accordingly, when City of Wichita has already expressed ‘‘conservation,’’ as defined in section the best available scientific and
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commercial data do not demonstrate available to these planning efforts calls best scientific information available that the conservation needs of the for a different outcome. indicates that recovery of this species species require designation of critical will depend on conservation of Methods habitat outside of occupied areas, we relatively long stretches of large rivers will not designate critical habitat in In finalizing critical habitat for the (Platania and Altenbach 1998). areas outside the geographic area Arkansas River shiner, we reviewed the Historically, the species has been occupied by the species. overall approach to the conservation of documented from several smaller The Service’s Policy on Information the species undertaken by local, State, tributaries (e.g. Skeleton Creek, Standards Under the Endangered tribal, and Federal agencies and private Wildhorse Creek, and others) to these Species Act, published in the Federal individuals and organizations since the rivers (Larson et al. 1991). Examination Register on July 1, 1994 (59 FR 34271), species’ listing in 1998. We also of the collection records provided in provides criteria, establishes solicited information from Larson et al. (1991) shows that about 53 procedures, and provides guidance to knowledgeable biologists and reviewed percent of the reported capture dates for ensure that decisions made by the the available information pertaining to Arkansas River shiner in these smaller Service represent the best scientific and habitat requirements of the species. This tributaries occurred during the months commercial data available. It requires final critical habitat designation of June and July. Another 18 percent Service biologists, to the extent described below constitutes our best occurred during the months of May and consistent with the Act and with the use assessment of areas essential for the August. Consequently, we believe that conservation of the Arkansas River of the best scientific and commercial these tributaries are occupied only shiner and is based on the best scientific data available, to use primary and during certain seasons during higher and commercial information available. original sources of information as the flows and do not represent optimum The areas designated are currently basis for recommendations to designate habitat. These seasonally occupied within or outside of the geographical critical habitat. When determining habitats may be important feeding, range occupied by the species and which areas are critical habitat, a nursery, or spawning areas and all contain one or more of the primary primary source of information should be tributaries, no matter their size, are constituent elements identified in the the listing package for the species. important in contributing flows to the ‘‘Primary Constituent Elements’’ section Additional information may be obtained critical habitat reaches. Federal actions below. All of the areas designated as from a recovery plan, articles in peer- which may substantially reduce these critical habitat are within the area flows may adversely affect critical reviewed journals, conservation plans historically occupied by the species and habitat and will be subject to developed by States and counties, require special management consultation provisions outlined in scientific status surveys and studies, consideration and protection to ensure section 7 of the Act. Considering newly and biological assessments or other their contribution to the species’ hatched Arkansas River shiner seek unpublished materials (i.e., gray recovery. literature). Important considerations in selection mouths of tributaries where food is Habitat is often dynamic, and species of areas included in the critical habitat more abundant (Moore 1944), this may move from one area to another over designation include factors specific to designation (see ‘‘Lateral Extent of time. Furthermore, we recognize that each river system, such as size, Critical Habitat’’ section) includes small designation of critical habitat may not connectivity, and habitat diversity, as sections of the tributaries near their include all of the habitat areas that may well as rangewide recovery confluence, which are important rearing eventually be determined to be considerations, such as genetic diversity areas for larval Arkansas River shiner. necessary for the recovery of the and representation of all major portions Stabilization of the Arkansas River species. For these reasons, all should of the species’ historical range. Each shiner at its present population level understand that critical habitat area contains stream reaches with and distribution will not achieve designations do not signal that habitat interconnected waters so that individual conservation. The overall trend in the outside the designation is unimportant Arkansas River shiners can move status of the Arkansas River shiner has or may not be required for recovery. between areas, at least during certain been characterized by dramatic declines Areas outside the critical habitat flows or seasons. The ability of the fish in numbers and range despite the fact designation will continue to be subject to repopulate areas where they have that this species evolved in rapidly to conservation actions that may be been depleted or extirpated is vital to fluctuating, harsh environments. None implemented under Section 7(a)(1) and recovery. Some areas include stream of the threats affecting the Arkansas to the regulatory protections afforded by reaches that do not have optimum River shiner have been eliminated since the section 7(a)(2) jeopardy standard Arkansas River shiner habitat, but the fish was listed; consequently, and the Section 9 take prohibition, as provide migration corridors. known Arkansas River shiner determined on the basis of the best Additionally, these reaches play a vital aggregations remain fragmented and available information at the time of the role in the overall health of the aquatic isolated to essentially one river system action. We specifically anticipate that ecosystem and, therefore, the integrity and are vulnerable to those natural or federally funded or assisted projects of upstream and downstream Arkansas manmade factors that might further affecting listed species outside their River shiner habitats. This critical reduce population size. If recovery designated critical habitat areas may habitat designation reflects the need for actions fail to reverse Arkansas River still result in jeopardy findings in some areas of sufficient stream length to shiner declines in the Canadian\South cases. Similarly, critical habitat provide habitat for Arkansas River Canadian River, the species’ designations made on the basis of the shiner populations large enough to be vulnerability to catastrophic events, best available information at the time of self-sustaining over time, despite such as the introduction of the Red designation will not control the fluctuations in local conditions. River shiner, or a prolonged period of direction and substance of future In considering this designation, we low or no flow, would increase. recovery plans, habitat conservation took into account that preferred habitat Recovery through protection and plans, or other species conservation for the Arkansas River shiner is the enhancement of the existing planning efforts if new information mainstems of larger plains rivers. The populations, plus reestablishment of
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populations in suitable areas of in accordance with the Act. Restoration The critical habitat designation is historical range, are necessary for the of Arkansas River shiner populations to divided among five reaches found species’ survival and recovery. As we additional portions of their historical within portions of four river systems. stated in the listing rule (November 23, range significantly reduces the The areas we selected for critical habitat 1998; 63 FR 64772), transplantation of likelihood of extinction due to any designation contain most, if not all, of Arkansas River shiners from the Pecos natural or manmade factors that might the remaining genetic diversity within River will be evaluated as a means to otherwise further reduce population the Arkansas River Basin and include a recover the Arkansas River shiner in size. A vital recovery component for this representation of each major subbasin unoccupied portions of its historic species will likely involve within the historical range of the habitat. In addition, our recovery establishment of secure, self-sustaining species. The designation incorporates outline for the species identified re- populations in habitats from which the more than 95 percent of the currently establishing the Arkansas River shiner species has been extirpated. We believe into suitable unoccupied historic habitat excluding areas outside the currently known aggregations of Arkansas River as a crucial component of recovery. In occupied range of the Arkansas River shiner in the Arkansas River basin, accordance with the outline, we have shiner from the critical habitat including the remnant populations that undertaken steps to develop and designation would be inadequate to may still persist in the Cimarron and document captive propagation ensure the conservation of the species. Beaver/North Canadian Rivers. The techniques for the Arkansas River Therefore, we determine that the designation also includes areas outside shiner. In November 1999, with the unoccupied areas designated as critical of the geographical range currently assistance of the NM Game and Fish habitat are essential for the conservation occupied by the Arkansas River shiner Department, we collected over 300 of the species. in the Arkansas, Cimarron, and Beaver/ Arkansas River shiners from the Pecos North Canadian Rivers that are Critical Habitat Designation River. These fish were transported to the considered essential for future Tishomingo National Fish Hatchery in Table 1 shows approximate river conservation of the species. lengths of occupied and unoccupied OK where hatchery personnel were The range, numbers, and presumably successful in inducing spawning of the habitat in each county in which critical genetic diversity of the species have species and coaxing the juveniles to habitat is designated. The designation feed in captivity. Future restoration encompasses approximately 1,846 km already been much reduced. Noss and efforts will undoubtedly occur, pending (1,148 mi) of stream channels and Cooperrider (1994) identified reduced completion of an approved recovery adjacent areas (see Lateral Extent of genetic diversity as one of the factors plan and genetic work to determine the Critical Habitat, below). However, the which predispose small populations to suitability of using Arkansas River amount of stream channel actually extinction. Therefore, to conserve and shiners from the Pecos River population designated as critical habitat is less than recover the fishes to the point where in transplantation efforts. this amount because in Oklahoma we they no longer require the protection of The inclusion of areas both within derived these figures from adding the Act and may be delisted, it is and outside of the geographical range county totals, and where the river forms important to maintain and protect all occupied by the Arkansas River shiner a county boundary, that length is remaining genetically diverse in this designation of critical habitat is included in both county totals. populations of this species.
TABLE 1.—RIVER DISTANCES, BY COUNTY, FOR OCCUPIED AND UNOCCUPIED DESIGNATED CRITICAL HABITAT FOR THE ARKANSAS RIVER SHINER [Information derived from USGS National Atlas 1:2,000,000 scale hydrography data sets]
Occupied Unoccupied Total County Kilometers Miles Kilometers Miles Kilometers Miles
Kansas: Barton ...... 0.0 44.4 27.5 44.4 27.5 Clark ...... 20.7 12.8 9.2 5.7 29.9 18.5 Comanche ...... 0.0 9.8 6.1 9.8 6.1 Cowley ...... 0.0 45.4 28.1 45.4 28.1 Edwards ...... 0.0 38.4 23.8 38.4 23.8 Finney ...... 0.0 42.5 26.4 42.5 26.4 Ford ...... 0.0 67 41.5 67 41.5 Gray ...... 0.0 41.6 25.8 41.6 25.8 Hamilton ...... 0.0 20.5 12.7 20.5 12.7 Kearny ...... 0.0 44.3 27.5 44.3 27.5 Kiowa ...... 0.0 .37 .23 0.37 .23 Meade ...... 28.6 17.7 ...... 0.0 28.6 17.7 Pawnee ...... 0.0 48.1 29.8 48.1 29.8 Reno ...... 0.0 54.3 33.7 54.3 33.7 Rice ...... 32.3 20.0 32.3 20.0 Sedgwick ...... 53.3 33.0 53.3 33.0 Seward ...... 15 9.3 ...... 0.0 15 9.3 Sumner ...... 0.0 32.1 19.9 32.1 19.9
Sub-total ...... 64.3 39.8 583.57 361.7 647.87 401.5 New Mexico: Quay ...... 51.8 32.1 ...... 51.8 32.1 Sub-total ...... 51.8 32.1 ...... 51.8 32.1
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TABLE 1.—RIVER DISTANCES, BY COUNTY, FOR OCCUPIED AND UNOCCUPIED DESIGNATED CRITICAL HABITAT FOR THE ARKANSAS RIVER SHINER—Continued [Information derived from USGS National Atlas 1:2,000,000 scale hydrography data sets]
Occupied Unoccupied Total County Kilometers Miles Kilometers Miles Kilometers Miles
Oklahoma: Beaver ...... 137.7 85.4 ...... 0.0 137.7 85.4 Blaine ...... 40.3 25.0 ...... 0.0 40.3 25.0 Caddo ...... 0.8 0.5 ...... 0.0 0.8 0.5 Canadian ...... 71.4 44.3 ...... 0.0 71.4 44.3 Cleveland ...... 81.2 50.3 ...... 0.0 81.2 50.3 Custer ...... 9.6 6.0 ...... 0.0 9.6 6.0 Dewey ...... 98.3 60.9 ...... 0.0 98.3 60.9 Ellis ...... 84.3 52.3 ...... 0.0 84.3 53.4 Grady ...... 37 22.9 ...... 0.0 37 22.9 Harper ...... 61.9 38.4 26.3 16.3 88.2 54.7 Hughes ...... 70 43.4 ...... 0.0 70 43.4 Major ...... 0.0 3.4 2.1 3.4 2.1 McClain ...... 104.1 64.5 ...... 0.0 104.1 64.5 McIntosh ...... 8.2 5.1 ...... 0.0 8.2 5.1 Pittsburg ...... 27 16.7 ...... 0.0 27 16.7 Pontotoc ...... 80.4 49.8 ...... 0.0 80.4 49.8 Pottawatomie ...... 44.5 27.6 ...... 0.0 44.5 27.6 Roger Mills ...... 84.3 52.3 ...... 0.0 84.3 52.3 Seminole ...... 48.5 30.1 ...... 0.0 48.5 30.1 Texas ...... 16.1 10.0 ...... 0.0 16.1 10.0 Woods ...... 0.0 214.9 133.2 214.9 133.2 Woodward ...... 1.9 1.2 127.6 79.1 129.5 80.3
Sub-total 1 ...... 1107.5 686.7 372.2 230.8 1479.7 918.5 Texas: Hemphill ...... 35.8 22.2 ...... 35.8 22.2 Oldham ...... 115.7 71.7 ...... 115.7 71.7 Potter ...... 47 29.1 ...... 47 29.1
Sub-total ...... 198.5 123.0 ...... 198.5 123.0
Total 1 ...... 1507.7 934.6 870.2 539.5 2377.9 1475.1 1 Note: Totals and subtotals are higher for Oklahoma than the actual lengths designated as critical habitat because, where the river forms a county boundary, that length is included in the table more than once.
For each stream reach designated, the still be important to the conservation of Promulgation’’ section of this rule for up-and downstream boundaries are the Arkansas River shiner even if they exact descriptions of boundaries). described below. The distances below are not designated as critical habitat. 1. Canadian/South Canadian River, are approximate due to the meandering These areas may be of value in NM, TX, and OK. The Canadian/South and dynamic nature of the river reaches. maintaining ecosystem integrity and Canadian River from near Ute Dam in Uncertainty on upstream and supporting other organisms indirectly NM to the upper reaches of Eufaula downstream distributional limits of contributing to recovery of the species. Reservoir in OK, except for those areas some Arkansas River shiner populations Additionally, these areas may have rendered unsuitable for Arkansas River may result in small areas of occupied those missing elements restored in the shiner by Lake Meredith in TX, is habitat being excluded from the future. We have not included these currently occupied by the Arkansas designation. Similarly, the need to areas in the critical habitat designation River shiner. These are the largest, identify sufficient reference points that because we have determined that they perhaps only, remaining viable define the specific limits of the are not essential to the conservation of aggregations of Arkansas River shiner, designation also may result in small the species. However, we anticipate that and are considered to represent the areas of occupied habitat being these areas can be adequately protected ‘‘core’’ of what remains of the species. Smaller tributary streams, with the excluded from the designation. Finally, under the Act through section 7 exception of Revuelto Creek in NM and as described previously, this critical consultation, the section 9 prohibition habitat designation is focused on small sections of the tributaries near against taking listed species, and the mainstem rivers, so we have not their confluence may be seasonally section 10 habitat conservation planning included some smaller tributaries that occupied by the Arkansas River shiner. process, and through other appropriate may at least seasonally support a. Canadian River, Quay County, NM, State and Federal statutes and Arkansas River shiner, but are not and Oldham and Potter Counties, TX— regulations. considered essential for the 215 km (134 mi) of river extending from conservation of this species. We designate the following areas as U.S. Highway 54 bridge near Logan, In some instances, areas outside of critical habitat for the Arkansas River NM, downstream to confluence with critical habitat that contain one or more Basin population of the Arkansas River Coetas Creek, TX. Seepage from Ute of the primary constituent elements may shiner (see the ‘‘Regulation Reservoir, inflow from Revuelto Creek,
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and several springs help sustain also persist in the 49 km (30 mi) section County, OK. Historically, almost the perennial flow in most years. There are of the South Canadian River from the entire Cimarron River mainstem and occasional periods of no flow, and prior Indian Nation Turnpike bridge several of the major tributaries were to 1956, low flows in the lower section downstream to the upper limits of inhabited by the Arkansas River shiner, were historically maintained by effluent Eufaula Reservoir. However, the including the type locality for the from the Amarillo, TX, wastewater downstream distributional limit of these species (the area from which the treatment plant. This segment of the populations frequently fluctuates. specimens that were used to first Canadian River, despite flows having Management of water surface elevations describe the species were taken). A been modified by Conchas and Ute in Eufaula Reservoir for flood control small population of Arkansas River reservoirs, still supports a largely intact and the resultant backwater effects shiner could still persist in the plains river fish fauna. routinely alter stream morphology at the Cimarron River in OK and KS, based on We did not include the following downstream extent of the population. the collection of nine individuals since areas in the designation. Upstream of Under elevated surface water 1985. Arkansas River shiners were last Ute Reservoir, the Canadian River was conditions, the lower reaches of this reported from the Cimarron River in substantially modified following the segment are degraded or may be entirely 1992. At present, habitat appears construction of Conchas Reservoir and unsuitable for Arkansas River shiner. suitable throughout most of the system, likely provides little suitable habitat. A 2. Beaver/North Canadian River, but detailed studies have not yet been small portion of Arkansas River shiner Beaver, Ellis, Harper, Major, Texas, and conducted. Recovery activities for historical range occurs upstream of Woodward Counties, OK—259 km (161 Arkansas River shiner will likely Conchas Reservoir, but the suitability of mi) of river extending from Optima Dam include augmenting existing that reach for Arkansas River shiner is in Texas County, OK, downstream to populations and reestablishing unknown. No extant aggregations of U.S. Highway 60/281 bridge in Major additional aggregations in this system or Arkansas River shiner are known from County, OK. Almost the entire Beaver/ the Arkansas River in KS. Lack of that reach. Arkansas River shiners still North Canadian River mainstem and at adequate streamflow in both systems occur in portions of the 3.2 km (2 mi) least one of the major tributaries (Deep and the presence of Red River shiners in reach between the U.S. Highway 54 Fork River) in OK was historically the Cimarron River will hinder recovery bridge and Ute Dam, above the reach known to support Arkansas River shiner efforts in these two rivers. The designated as critical habitat. We do not aggregations. A small population may introduction of the Red River shiner, in consider this section of the stream to be still persist between Optima Dam and combination with habitat loss and essential to the conservation of the the upper reaches of Canton Reservoir, degradation, was responsible for the species since it rarely contains suitable based on the collection of four diminished distribution and abundance habitat due to the influence of Ute individuals since 1990. At present, of the Arkansas River shiner in the Reservoir. habitat in large areas of the drainage are Cimarron River. The Red River shiner, b. Canadian/South Canadian River, degraded or unsuitable, either because a small minnow endemic to the Red Hemphill County, TX, and Blaine, of reservoirs, reduced stream flow, or River, was first recorded from the Caddo, Canadian, Cleveland, Custer, water quality impairment. The segment Cimarron River in Kansas in 1972 (Cross Dewey, Ellis, Grady, Hughes, McClain, between Optima Dam and the upper et al. 1985) and from the Cimarron River McIntosh, Pittsburg, Pontotoc, reaches of Canton Reservoir offers the in Oklahoma in 1976 (Marshall 1978). Pottawatomie, Roger Mills, and best opportunity for recovery of the Since that time, the nonindigenous Red Seminole Counties, OK—593 km (368 Arkansas River shiner in the Beaver/ River shiner has essentially replaced the mi) of river extending from the U.S. North Canadian River. Habitat in this Arkansas River shiner in the Cimarron Highway 60/83 bridge near Canadian, reach appears suitable although detailed River. The Cimarron River is included TX, downstream to the Indian Nation studies have not yet been conducted. in the designation because it is essential Turnpike bridge northwest of Recovery activities will include habitat and contains all of the primary McAlester, OK. This segment of the augmenting existing aggregations of the constituent elements, except for the Canadian/South Canadian River is the Arkansas River shiner and presence of a competitive nonnative longest unfragmented reach in the reestablishing additional populations in species, which we intend to address Arkansas River basin that still supports this system. Designation of the during recovery planning efforts for the the Arkansas River shiner. Here, unoccupied areas of this reach reflects Arkansas River shiner range from rare to the need for areas of sufficient stream Arkansas River shiner. We are also common, with the species becoming length to provide habitat for Arkansas including unoccupied areas of this more abundant in a downstream River shiner populations large enough reach since it reflects the need for areas direction. to be self-sustaining over time, despite of sufficient stream length to provide We did not include the following fluctuations in local conditions. habitat for Arkansas River shiner reaches in the designation. The We did not include the following populations large enough to be self- Canadian River upstream of the reaches in the designation. Above sustaining over time, despite community of Canadian, TX, to Sanford Optima Reservoir, pumping from the fluctuations in local conditions. Dam at Lake Meredith, supported High Plains aquifer has considerably 4. Arkansas River, Barton, Cowley, Arkansas River shiner prior to the reduced streamflow in the Beaver River Edwards, Finney, Ford, Gray, Hamilton, construction of Lake Meredith. (Luckey and Becker 1998), and the Kearny, Kiowa, Pawnee, Reno, Rice, However, habitat in this segment is habitat is no longer suitable for Sedgwick, and Sumner Counties, KS— degraded and generally unsuitable. Arkansas River shiner. 564 km (351 mi) of river extending from Some aggregations of Arkansas River 3. Cimarron River, Clark, Comanche, Kansas State Highway 27 bridge in shiner may still persist upstream of Meade, and Seward Counties, KS, and Hamilton County, KS, downstream to Canadian, TX, primarily on a seasonal Beaver, Harper, Woods, and Woodward, KS/OK State line in Cowley County, KS, basis and in extremely small numbers. Counties, OK—215 km (134 mi) of river excluding a 20 km (12.4 mi) reach of the Altered flow regimes will continue to extending from U.S. Highway 54 bridge Arkansas River within the City of affect habitat quality in this reach. in Seward County, KS, downstream to Wichita metropolitan area, extending Aggregations of Arkansas River shiner U.S. Highway 281 bridge in Woods from the westbound lane of Kansas State
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Highway 96 crossing downstream to the reservoirs were modified to mimic shiner or its habitat. Thus, in Interstate 35 crossing. The Arkansas historic, pre-impoundment flow determining the lateral extent of critical River in KS contains a significant patterns, we suspect that the reaches habitat along riverine systems, we must portion of the species’ historical range. below Kaw and Keystone reservoirs consider the definition of critical habitat The Arkansas River shiner historically would never provide suitable habitat. under the Act. That is, critical habitat inhabited the entire mainstem of the The distance between Kaw Dam and the must contain the elements essential to a Arkansas River, but had begun to upper reaches of Keystone Reservoir is species’ conservation and must be in decline by 1952 due to the construction only 139 river km (86 river mi), and the need of special management of John Martin Reservoir 10 years earlier distance between Keystone Dam and the considerations or protection. We see no on the Arkansas River in Bent County, McClellan-Kerr Navigation System is need for special management Colorado (Cross et al. 1985). only about 130 river km (81 river mi). considerations or protection for the Typically, releases from John Martin These distances are likely insufficient to entire floodplain, and we are not Reservoir and irrigation return flows sustain reproducing populations (see proposing to designate the whole from eastern Colorado maintain ‘‘Primary Constituent Elements’’ below). floodplain as critical habitat. However, streamflow in the Arkansas River as far The 1998 listing rule for the Arkansas conservation of the river channel alone east as Syracuse, KS (Kansas Geologic River shiner conservatively estimated is not sufficient to ensure the survival Survey 1996). Between Syracuse and that at least 3,900 km (2,450 mi) of and recovery of the Arkansas River Garden City, KS, the river often ceases habitat within the species’ range was shiner. For instance, the diet of the to flow due to surface and groundwater occupied historically. This final Arkansas River shiner includes many withdrawals. Surface flow then resumes designation involves approximately half species of terrestrial insects and seeds of near Great Bend, KS. Lack of sufficient that amount. Considering the amount of grasses occurring in the riparian streamflow and ongoing water quality historically occupied habitat that corridor (Jimenez 1999). We believe the degradation renders much of the occurred in the smaller tributaries of the riparian corridors adjacent to the river Arkansas River west of Great Bend at Arkansas River Basin, which are not channel provide a reasonable lateral least seasonally unsuitable for Arkansas included in this designation, the extent for critical habitat designation. River shiner. However, in early 1995, amount being designated as critical Riparian areas are seasonally flooded the U.S. Supreme Court ruled that habitat is much less than one-half of the habitats (i.e., wetlands) that are major Colorado had violated the Arkansas historically occupied habitat. Although contributors to a variety of vital River Compact by depleting usable the amount of habitat being designated functions within the associated stream flows of the Arkansas River in Kansas as critical habitat is less than one-half channel (Federal Interagency Stream (Kansas v. Colorado, No. 105, Orig., US the historical range of the species, we Restoration Working Group 1998, Supreme Ct, 1995). Based on this ruling, believe that conservation of the Brinson et al. 1981). They are Colorado has provided additional water Arkansas River shiner within these responsible for energy and nutrient to Kansas and, according to USGS, areas can secure the long-term survival cycling, filtering runoff, absorbing and releases of water in the Arkansas River and recovery of this species. gradually releasing floodwaters, have helped to increase the flow of the recharging groundwater, maintaining Lateral Extent of Critical Habitat river to near record levels during the streamflows, protecting stream banks 1998 water year. We expect habitat This designation takes into account from erosion, and providing shade and conditions in the Arkansas River west of the naturally dynamic nature of riverine cover for fish and other aquatic species. Great Bend to improve as a result of the systems and recognizes that floodplains Healthy riparian corridors help ensure additional water. Recovery for Arkansas are an integral part of the stream water courses maintain the primary River shiner will include reestablishing ecosystem. Habitat quality within the constituent elements essential to stream additional populations in this system or mainstem river channels in the fishes, including the Arkansas River the Cimarron River, or potentially both historical range of the Arkansas River shiner. based upon the assessment of the shiner is intrinsically related to the The lateral extent (width) of riparian Recovery Team regarding the feasibility character of the floodplain and the corridors fluctuates considerably of reducing or controlling the presence associated tributaries, side channels, between a stream’s headwaters and its of the Red River shiner in the Cimarron and backwater habitats that contribute mouth. The appropriate width for River. This segment of the Arkansas to the key habitat features (e.g., riparian buffer strips has been the River is the longest unfragmented, substrate, water quality, and water subject of several studies (Castelle et al. unoccupied reach in the Arkansas River quantity) in these reaches. Among other 1994). Most Federal and State agencies basin. Stream flows in approximately things, the floodplain provides space for generally consider a zone 23–46 meters the eastern half of this stream segment natural flooding patterns and latitude (m) (75.4–150.9 feet (ft)) wide on each are more reliable and habitats are for necessary natural channel side of a stream to be adequate (NRCS characteristic of those used by Arkansas adjustments to maintain appropriate 1998, Moring et al. 1993, Lynch et al. River shiner. This stream segment channel morphology and geometry. A 1985), although buffer widths as wide as contains one or more of the primary relatively intact riparian zone, along 152 m (500 ft) have been recommended constituent elements and thus is with periodic flooding in a relatively for achieving flood attenuation benefits essential for the conservation of the natural pattern, are important in (Corps 1999). In most instances, Arkansas River shiner. maintaining the stream conditions however, riparian buffer zones are We did not include the following necessary for long-term survival and primarily intended to reduce (i.e. buffer) reaches in the designation. Downstream recovery of the Arkansas River shiner. detrimental impacts to the stream from of the KS/OK State line, large areas of Human activities that occur outside sources outside the river channel. the basin are unsuitable for Arkansas the river channel can have a Consequently, while a riparian corridor River shiner, either because of reservoirs demonstrable effect on physical and 23–46 m (75.4–150.9 ft) in width may (i.e., Kaw and Keystone) and the biological features of aquatic habitats. function adequately as a buffer, it is associated streamflow alterations, or However, not all of the activities that likely inadequate to preserve the natural because of stream channel alteration for occur within a floodplain will have an processes that provide Arkansas River navigation. Even if releases from these adverse impact on the Arkansas River shiner constituent elements.
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Generally, we consider a lateral basin (Gilbert 1980). Adults are shiner (Wilde et al. 2000). Arkansas distance of 91.4 m (300 ft) on each side uncommon in quiet pools or backwaters River shiners were collected over a wide of the stream beyond the bankfull width lacking streamflow, and almost never range of conditions—water temperatures to be an appropriate riparian corridor occurred in habitats having deep water from 0.4 to 36.8° Celsius (32.7 to 98.2° width for the preservation of Arkansas and bottoms of mud or stone (Cross Fahrenheit), dissolved oxygen from 3.4 River shiner constituent elements. The 1967). Cross (1967) believed that adults to 16.3 parts per million, conductivity bankfull width is the width of the prefer to orient into the current on the (total dissolved solids) from 0.7 to 14.4 stream or river at bankfull discharge, ‘‘lee’’ sides of large transverse sand millisiemens per centimeter, and pH i.e., the flow at which water begins to ridges and prey upon food organisms from 5.6 to 9.0. leave the channel and move into the washed downstream in the current. In the South Canadian River of central floodplain (Rosgen 1996); this activity The Arkansas River shiner is believed OK, Polivka and Matthews (1997) found generally occurs every 1 to 2 years to be a generalized forager and feeds that Arkansas River shiner exhibited (Leopold et al. 1992). Bankfull upon both items suspended in the water only a weak relationship between the discharge, while a function of the size column and items lying on the substrate environmental variables they measured of the stream, is a fairly consistent (Jimenez 1999, Bonner et al. 1997). In and the occurrence of the species within feature related to the formation, the South Canadian River of central OK, the stream channel. Water depth, maintenance, and dimensions of the Polivka and Matthews (1997) found that current, dissolved oxygen, and sand stream channel (Rosgen 1996). gut contents were dominated by sand/ ridge and midchannel habitats were the sediment and detritus (decaying organic environmental variables most strongly Primary Constituent Elements material) with invertebrate prey being associated with the distribution of In identifying areas as critical habitat, an incidental component of the diet. In Arkansas River shiner within the 50 CFR 424.12 provides that we the Canadian River of NM and TX, the channel. Similarly, microhabitat consider those physical and biological diet of Arkansas River shiner was selection by Arkansas River shiner in features that are essential to dominated by detritus, invertebrates, the Canadian River of NM and TX was conservation of the species and that may grass seeds, and sand and silt (Jimenez influenced by water depth, current require special management 1999). Invertebrates were the most velocity, and, to a lesser extent, water considerations or protection. These important food item, followed by temperature (Wilde et al. 2000). physical and biological features, as detrital material. Arkansas River shiners generally outlined in 50 CFR 424.12, include, but Terrestrial and semiaquatic occurred at mean water depths between are not limited to, the following: invertebrates were consumed at higher 17 and 21 centimeters (cm) (6.6–8.3 in) • Space for individual and levels than were aquatic invertebrates and current velocities between 30 and population growth, and for normal (Jimenez 1999). With the exception of 42 cm (11.7 and 16.4 in) per second. behavior; the winter season, when larval flies Juvenile Arkansas River shiner • Food, water, or other nutritional or were consumed much more frequently associated most strongly with current, physiological requirements; than other aquatic invertebrates, no conductivity, and backwater and island • Cover or shelter; particular invertebrate taxa dominated habitat types (Polivka and Matthews • Sites for breeding, reproduction, or the diet (Bonner et al. 1997). Fly larvae, 1997). rearing of offspring; and copepods, immature mayflies, insect Wilde et al. (2000) found no obvious • Habitats that are protected from eggs, and seeds were the dominant selection for or avoidance of any disturbance or are representative of the items in the diet of the nonnative particular habitat type (i.e., main historical geographical and ecological population of the Arkansas River shiner channel, side channel, backwaters, and distributions of a species. inhabiting the Pecos River in NM (Keith pools) by Arkansas River shiner. The important habitat features that Gido, University of Oklahoma, in litt. Arkansas River shiners did tend to provide for the physiological, 1997). select side channels and backwaters behavioral, and ecological requirements Most plains streams are highly slightly more than expected based on of the Arkansas River shiner include variable environments. Water the availability of these habitats (Wilde adequate spawning flows; habitat for temperatures, flow regimes, and overall et al. 2000). Likewise, they appeared to food organisms; appropriate water physicochemical conditions (e.g., make no obvious selection for or quality; a natural flow regime; rearing quantity of dissolved oxygen) typically avoidance of any particular substrate and juvenile habitat appropriate for fluctuate so drastically that fishes native type. Substrates in the Canadian River growth and development to adulthood; to these systems often exhibit life- in NM and TX were predominantly and flows sufficient to allow Arkansas history strategies and microhabitat sand; however, Arkansas River shiner River shiner to recolonize upstream preferences that enable them to cope were observed to occur over silt slightly habitats. Given the large geographic with these conditions. Matthews (1987) more than expected based on the range the species historically occupied, classified several species of fishes, availability of this substrate (Wilde et al. and the diverse habitats used by the including the Arkansas River shiner, 2000). various life-history stages, describing based on their tolerance for adverse Successful reproduction by Arkansas specific values or conditions for each of conditions and selectivity for River shiner appears to be strongly these habitat features is not always physicochemical gradients. The correlated with streamflow. Moore possible. However, the following Arkansas River shiner was described as (1944) believed the Arkansas River discussion summarizes the biological having a high thermal and oxygen shiner spawned in July, usually requirements of the Arkansas River tolerance, indicating a high capacity to coinciding with elevated flows shiner relevant to identifying the tolerate elevated temperatures and low following heavy rains associated with primary constituent elements of its dissolved oxygen concentrations summertime thunderstorms. Bestgen et critical habitat. (Matthews 1987). Observations from the al. (1989) found that spawning in the The Arkansas River shiner historically Canadian River in NM and TX revealed nonnative population of Arkansas River inhabited the main channels of wide, that dissolved oxygen concentrations, shiner in the Pecos River of NM shallow, sandy-bottomed rivers and conductivity, and pH rarely influenced generally occurred in conjunction with larger streams of the Arkansas River habitat selection by the Arkansas River releases from Sumner Reservoir.
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However, recent studies by Polivka and additional 216 km (134 mi) before they outlined above. These primary Matthews (1997) and Wilde et al. (2000) were capable of directed swimming constituent elements are the following: neither confirmed nor rejected the movements. Bonner and Wilde (2000) 1. A natural, unregulated hydrologic hypothesis that elevated streamflow speculate that 218 km (135 mi) may be regime complete with episodes of flood triggered spawning in the Arkansas the minimum length of unimpounded and drought or, if flows are modified or River shiner. river that allows for the successful regulated, a hydrologic regime Arkansas River shiners are open- completion of the life-history for the characterized by the duration, water, broadcast spawners that release Arkansas River shiner, based on their magnitude, and frequency of flow their eggs and sperm over an observations in the Canadian River in events capable of forming and unprepared substrate (Platania and NM and TX. maintaining channel and instream Altenbach 1998, Johnston 1999). Rapid hatching and development of habitat necessary for particular Examination of Arkansas River shiner the young is likely another adaptation in Arkansas River shiner life-stages in gonadal development between 1996 and plains fishes that enhances survival in appropriate seasons; 1998 in the Canadian River of NM and the harsh environments of plains 2. A complex, braided channel with TX demonstrated that the species streams. Arkansas River shiner eggs pool, riffle (shallow area in a streambed undergoes multiple, asynchronous (not hatch in 24–48 hours after spawning, causing ripples), run, and backwater happening at the same time) spawns in depending upon water temperature components that provide a suitable a single season (Wilde et al. 2000). The (Moore 1944, Platania and Altenbach variety of depths and current velocities Arkansas River shiner appears to be in 1998). The larvae are capable of in appropriate seasons; peak reproductive condition throughout swimming within 3–4 days; they then 3. A suitable unimpounded stretch of the months of May, June, and July seek out low-velocity habitats, such as flowing water of sufficient length to (Wilde et al. 2000, Polivka and backwater pools and quiet water at the allow hatching and development of the Matthews 1997); however, spawning mouths of tributaries where food is larvae; may occur as early as April and as late more abundant (Moore 1944). 4. Substrates of predominantly sand, as September. Arkansas River shiners Evidence from Wilde et al. (2000) with some patches of silt, gravel, and may, on occasion, spawn in standing indirectly supports the speculation by cobble; waters (Wilde et al. 2000), but it is Cross et al. (1985) that the Arkansas 5. Water quality characterized by low unlikely that such events are successful. River shiner initiates an upstream concentrations of contaminants and Both Moore (1944) and Platania and spawning migration. Whether this natural, daily and seasonally variable Altenbach (1998) described egg behavior represents a true spawning migration or temperature, turbidity, conductivity, in the Arkansas River shiner. The just a general tendency in these fish to dissolved oxygen, and pH; fertilized eggs are nonadhesive and orient into the current and move 6. Abundant terrestrial, semiaquatic, semibuoyant. Platania and Altenbach upstream, perhaps in search of more and aquatic invertebrate food base; and (1998) found that spawned eggs settled favorable environmental conditions, is 7. Few or no predatory or competitive to the bottom of the aquaria where they unknown (Wilde et al. 2000). nonnative species present. quickly absorbed water and expanded. Regardless, strong evidence suggested The areas we are designating as Upon absorbing water, the eggs became the presence of a directed, upstream critical habitat for Arkansas River shiner more buoyant, rose with the water movement by the Arkansas River shiner provide one or more of the above current, and remained in suspension. over the course of a year. primary constituent elements. All of the The eggs would sink when water As previously discussed, areas designated as critical habitat current was not maintained in the introductions of nonindigenous species require special management aquaria. This led Platania and can have a significant adverse impact on considerations or protection to ensure Altenbach (1998) to conclude that the Arkansas River shiner populations their contribution to the species’ Arkansas River shiner and other plains under certain conditions. The recovery. fishes likely spawn in the upper to mid- morphological characteristics, water column during elevated flows. population size, and ecological Land Ownership Spawning under these conditions would preferences exhibited by the Red River The vast majority (about 98 percent) allow the eggs to remain suspended shiner, a species endemic to the Red of areas we designated as critical habitat during the 10- to 30-minute period the River drainage, suggest that it competes are in private ownership, with relatively eggs were non-buoyant. Once the egg with the Arkansas River shiner for food small, scattered tracts of State and became buoyant, it would remain and other essential life requisites (Cross Federal lands. Private lands are suspended in the water column as long et al. 1983, Felley and Cothran 1981). primarily used for grazing and as current was present. Since its introduction, the Red River agriculture, but also include towns, In the absence of sufficient shiner has colonized much of the small-lot residences, and industrial streamflows, the eggs would likely settle Cimarron River and frequently may be areas. A general description of land to the channel bottom, where silt and a dominant component of the fish ownership in each complex follows: shifting substrates would smother the community (Cross et al. 1983, Felley 1a. Canadian River—This reach is eggs, hindering oxygen uptake and and Cothran 1981). The intentional or predominantly in private ownership. causing mortality of the embryos. unintentional release of Red River The State of New Mexico owns scattered Spawning during elevated flows appears shiners, or other potential competitors, tracts. The reach in TX is in private to be an adaptation that likely increases into other reaches of the Arkansas River ownership, except for a small segment survival of the embryo and facilitates drainage by anglers or the commercial that is owned by the National Park dispersal of the young. Assuming a bait industry is a potentially serious Service as part of the Lake Meredith conservative drift rate of 3 km/hour, threat that could drastically alter habitat National Recreation Area. Platania and Altenbach (1998) estimated quality in these reaches. 1b. Canadian/South Canadian River— that the fertilized eggs could be We determined the primary This reach is predominantly in private transported 72–144 km (45–89 mi) constituent elements for Arkansas River ownership, with limited areas of State before hatching. Developing larvae shiner from studies on their habitat and tribal ownership. Although we have could then be transported up to an requirements and population biology, as included tribal lands within the critical
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habitat boundary, we have narratively endangered or threatened and with implementing a reasonable and prudent excluded them from the designation (see respect to its proposed or designated alternative vary accordingly. ‘‘American Indian Tribal Rights, critical habitat. Regulations Regulations at 50 CFR 402.16 also Federal-Tribal Trust Responsibilities, implementing these interagency require Federal agencies to reinitiate and the Endangered Species Act’’ cooperation provisions of the Act are consultation in instances where we have section). The Texas Parks and Wildlife codified at 50 CFR part 402. Section already reviewed an action for its effects Department owns a small segment 7(a)(4) of the Act and regulations at 50 on a listed species if critical habitat is downstream of the town of Canadian, CFR 402.10 require Federal agencies to subsequently designated and the TX (Gene Howe Wildlife Management confer with us on any action that is Federal agency has retained Area (WMA)). The Oklahoma likely to jeopardize the continued discretionary involvement or control Department of Wildlife Conservation existence of a proposed species or to over the action or such discretionary owns a small section near Roll, OK result in destruction or adverse involvement or control is authorized by (Packsaddle WMA). Small tracts of modification of proposed critical law. Consequently, some Federal tribal lands are near Oklahoma City. habitat. A section 7 conference on agencies may request reinitiation of 2. Beaver/North Canadian River—The proposed critical habitat results in a consultation if their actions may affect ownership is predominantly private, report that may provide conservation designated critical habitat, or with limited areas of State-owned lands. recommendations to assist the action conferencing with us on actions likely The Oklahoma Department of Wildlife agency in eliminating or minimizing to destroy or adversely modify proposed Conservation owns small sections near adverse effects to the proposed critical critical habitat. Beaver, OK (Beaver River WMA) and habitat that may be caused by the Section 4(b)(8) of the Act requires us near Fort Supply, OK (Cooper WMA). proposed agency action. The to describe in any proposed or final The Oklahoma Department of Parks and conservation recommendations in a regulation that designates critical Tourism owns a small section near conference report are advisory. We may habitat, a description and evaluation of Woodward, OK (Boiling Springs State issue a formal conference report, if those activities involving a Federal Park). requested by a Federal agency. Formal action that may adversely modify such 3. Cimarron River—Land here is conference reports on proposed critical habitat or that may be affected by such entirely in private ownership. habitat contain a conference opinion as 4. Arkansas River—This area is designation. A wide range of Federal to whether the proposed action is likely activities have the potential to destroy entirely in private ownership except for to destroy or adversely modify proposed a small area near the Kansas/Oklahoma or adversely modify critical habitat for critical habitat. This biological opinion the Arkansas River shiner. These State line owned by the U.S. Army is prepared as if critical habitat were Corps of Engineers (Kaw Wildlife Area). activities may include land and water designated as final, in accordance with management actions of Federal agencies This area is managed by the State of 50 CFR 402.13. (e.g., U.S. Army Corps of Engineers, Kansas (Kansas Department of Wildlife If we subsequently finalize the Natural Resources Conservation Service, and Parks). proposed critical habitat designation, Bureau of Reclamation, and the Bureau Effect of Critical Habitat Designation then section 7(a)(2) will require Federal agencies to enter into consultation with of Indian Affairs) and related or similar Section 7(a) of the Act requires us on agency actions that may affect actions of other federally regulated Federal agencies to ensure that actions critical habitat. Consultations on agency projects (e.g., road and bridge they fund, authorize, or carry out do not actions that will likely adversely affect construction activities by the Federal destroy or adversely modify critical critical habitat will result in issuance of Highway Administration; dredge and habitat to the extent that the action a biological opinion. We may adopt a fill projects, sand and gravel mining, appreciably diminishes the value of the formal conference report as the and bank stabilization activities critical habitat for the survival and biological opinion if no significant new conducted or authorized by the U.S. recovery of the species. Individuals, information or changes in the action Army Corps of Engineers; and, National organizations, States, local and tribal alter the content of the opinion (see 50 Pollutant Discharge Elimination System governments, and other non-Federal CFR 402.10(d)). permits authorized by the entities are affected by the designation If we find a proposed agency action is Environmental Protection Agency). of critical habitat only if their actions likely to destroy or adversely modify the Specifically, activities that may destroy occur on Federal lands, require a critical habitat, our biological opinion or adversely modify critical habitat are Federal permit, license, or other may include reasonable and prudent those that alter the primary constituent authorization, or involve Federal alternatives to the action that are elements (defined above) to an extent funding. Thus, activities on Federal designed to avoid destruction or adverse that the value of critical habitat for both lands that may affect the Arkansas River modification of critical habitat. the survival and recovery of the shiner or its critical habitat will require Reasonable and prudent alternatives are Arkansas River shiner is appreciably section 7 consultation. Actions on defined at 50 CFR 402.02 as alternative reduced. Such activities include, but are private or State lands receiving funding actions that can be implemented in a not limited to: or requiring a permit from a Federal manner consistent with the intended (1) Significantly and detrimentally agency also will be subject to the section purpose of the action, that are consistent altering the minimum flow or the 7 consultation process if the action may with the scope of the Federal agency’s natural flow regime of any of the affect critical habitat. Federal actions legal authority and jurisdiction, that are designated stream segments. Possible not affecting the species or its critical economically and technologically actions would include groundwater habitat, as well as actions on non- feasible, and that we believe would pumping, impoundment, water Federal lands that are not federally avoid destruction or adverse diversion, and hydropower generation. funded or permitted, will not require modification of critical habitat. We note that such flow reductions that section 7 consultation. Reasonable and prudent alternatives can result from actions affecting tributaries Federal agencies are required to vary from slight project modifications to of the designated stream reaches may evaluate their actions with respect to extensive redesign or relocation of the also destroy or adversely modify critical any species that is proposed or listed as project. Costs associated with habitat.
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(2) Significantly and detrimentally of critical habitat. Such project Service, Manhattan, KS, pers. comm., altering the characteristics of the modifications may include such things 2000). However, further examination of riparian zone in any of the designated as adjustment in timing of projects to these specimens revealed that they were stream segments. Possible actions would avoid sensitive periods for the species not Arkansas River shiners but instead include vegetation manipulation, timber and its habitat; replanting of riparian were sand shiners, a minnow that harvest, road construction and vegetation; minimization of work and closely resembles the Arkansas River maintenance, prescribed fire, livestock vehicle use in the wetted channel; shiner. Thus, the section of the grazing, off-road vehicle use, powerline restriction of riparian and upland Arkansas River through the City of or pipeline construction and repair, vegetation clearing; fencing to exclude Wichita is now no longer believed to be mining, and urban and suburban livestock and limit recreational use; use occupied by the species. In addition, development. of alternative livestock management two flow control structures, the Wichita (3) Significantly and detrimentally techniques; avoidance of pollution; Valley Center Flood Control Structure altering the channel morphology of any minimization of ground disturbance in Number 4 and the Lincoln Street Dam of the stream segments listed above. the floodplain; use of alternative exist within the excluded reach. These Possible actions would include material sources; storage of equipment two control structures likely are channelization, impoundment, road and and staging of operations outside the physical barriers to the movement of bridge construction, deprivation of floodplain; use of sediment barriers; Arkansas River shiner during normal substrate source, destruction and access restrictions; and use of best and low flow conditions. The Lincoln alteration of riparian vegetation, management practices to minimize Street Dam also serves to impound the reduction of available floodplain, erosion. river for the purpose of maintaining removal of gravel or floodplain terrace If you have questions regarding constant water levels in the river materials, reduction in stream flow, and whether specific activities will likely throughout downtown Wichita. Water excessive sedimentation from mining, constitute destruction or adverse depths maintained by the Lincoln Street livestock grazing, road construction, modification of critical habitat, contact Dam are generally in excess of those timber harvest, off-road vehicle use, and the Field Supervisor, Oklahoma preferred by the Arkansas River shiner. other watershed and floodplain Ecological Services Office (see This reach of the river is also degraded disturbances. ADDRESSES section). Requests for copies by high nutrient loading and (4) Significantly and detrimentally of the regulations on listed wildlife and groundwater contamination, and altering the water chemistry in any of inquiries about prohibitions and permits substrates in this reach are the designated stream segments. may be addressed to the U.S. Fish and predominantly silt. Although this reach Possible actions would include release Wildlife Service, Division of of the river is presently degraded and of chemical or biological pollutants into Endangered Species, P.O. Box 1306, generally unsuitable for Arkansas River the surface water or connected Albuquerque, New Mexico 87103 shiners, the City of Wichita is taking groundwater at a point source or by (telephone 505–248–6920; facsimile steps to improve water quality within dispersed release (non-point). 505–248–6788). this reach which should facilitate (5) Introducing, spreading, or We are in the process of developing improvement in habitat conditions in augmenting nonnative aquatic species a recovery plan for the Arkansas River the river downstream of the city. The in any of the designated stream Basin population of the Arkansas River excluded section remains important to segments. Possible actions would shiner. The recovery plan, when recovery of the Arkansas River shiner include fish stocking for sport, finalized, will provide because it serves to connect the upper aesthetics, biological control, or other recommendations on recovering this section with the lower section during purposes; use of live bait fish; species, including recommendations on periods of high flow. Maintenance of aquaculture; construction and operation management of its critical habitat. this connection is essential to successful of canals; and interbasin water transfers. Further, should the recovery plan egg development and movement of Not all of the identified activities are recommend adding or deleting areas as juvenile Arkansas River shiners between necessarily of current concern within critical habitat, we will consider the two sections. Considering the river the Arkansas River basin; however, they whether a future revision of critical functions to pass flood waters during do indicate the potential types of habitat is appropriate. elevated stream flow conditions, we do activities that will require consultation not anticipate that the city would in the future and, therefore, that may be Summary of Changes From the Proposed Rule propose modification of this reach to the affected by critical habitat designation. point that connection between the We do not expect that designation of A 20 km (12.4 mi) reach of the upper and lower sections during critical habitat in areas occupied by the Arkansas River within the City of elevated flows would no longer occur. Arkansas River shiner will result in a Wichita metropolitan area, extending regulatory burden above that already in from the westbound lane of Kansas State Economic Analysis place, due to the presence of the listed Highway 96 crossing downstream to the Section 4(b)(2) of the Act requires that species. However, areas designated as Interstate Highway 35 crossing, has been we designate critical habitat on the basis critical habitat that are not currently excluded from the designation. During of the best scientific and commercial occupied by the species may require preparation of the proposed rule, we information available and that we protections similar to those provided to believed that this section of the consider the economic and other occupied areas under past Arkansas River was inhabited by the relevant impacts of designating a consultations. Arkansas River shiner. In 1999, six fish particular area as critical habitat. The As discussed previously, Federal originally identified as Arkansas River economic impacts to be considered in a actions that are found likely to destroy shiners were collected from the critical habitat designation are the or adversely modify critical habitat may Arkansas River in Wichita, KS, at two incremental effects of the designation often be modified, through development locations—four from near the 47th over and above the economic impacts of reasonable and prudent alternatives, Street South bridge and two near the attributable to listing of the species. In in ways that will remove the likelihood Kansas State Highway 96 crossing general, these incremental impacts are of destruction or adverse modification (Vernon Tabor, U.S. Fish and Wildlife more likely to result from management
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activities in areas outside the present requirements. Conversely, such our Federal trust responsibility, we distribution of the listed species. designation is often viewed by tribes as consulted to the extent possible with the We may exclude areas from critical unwarranted and an unwanted intrusion Indian tribes having tribal trust habitat upon a determination that the into tribal self governance, thus resources, tribally owned fee lands, or benefits of such exclusions outweigh the compromising the government-to- tribal rights that might be affected by the benefits of specifying those areas as government relationship essential to designation of critical habitat. critical habitat; however, we cannot achieving our mutual goals of managing We met with representatives of the exclude areas from critical habitat when for healthy ecosystems upon which the Cherokee, Chickasaw, Creek, and the exclusion will result in the viability of threatened and endangered Seminole Nations on April 6, 2000, to extinction of the species. We utilized species populations depend. discuss the proposed designation. The the economic analysis, and took into To this end, we support tribal Chickasaw and Choctaw Nations are the consideration all comments and measures that preclude the need for two tribes that have habitat for Arkansas information submitted during the public conservation regulations, and we River shiner on their lands. Given our hearings and comment period, to provide technical assistance to Indian obligations under the Presidential determine whether areas should be tribes who wish assistance in Memorandum, we did not propose excluded from the final critical habitat developing and expanding tribal critical habitat on Tribal land. As designation. programs for the management of healthy provided under section 4(b)(2) of the The economic effects already in place ecosystems so that Federal conservation Act, we solicited information during the due to the listing of the Arkansas River regulations, such as designation of comment period as to whether these shiner as threatened is the baseline critical habitat, on tribal lands are areas should be designated as critical upon which we analyzed the economic unnecessary. habitat. We did not receive any effects of the designation of critical Section 4(b)(2) of the Act requires us comments except one (see comment 80) habitat. The critical habitat economic to consider the economic and other related to the issue of our not proposing analysis examined the incremental relevant impacts of critical habitat to designate critical habitat on tribal economic and conservation effects of designation, and authorizes us to lands during the public comment designating critical habitat. The exclude areas from designation upon period. In our weighing of the benefits economic effects of a designation were finding that the benefits of exclusion of excluding tribal lands from this evaluated by measuring changes in outweigh the benefits of including the designation of critical habitat we felt national, regional, or local indicators. A areas as critical habitat, so long as that such a designation would be draft analysis of the economic effects of excluding those areas will not result in expected to adversely impact our the proposed Arkansas River shiner the extinction of the species concerned. working relationship with the Tribes, critical habitat designation was In the proposed rule for this critical the maintenance of which is beneficial prepared and made available for public habitat designation we solicited in implementing natural resource review (August 15, 2000; 65 FR 49781). information from interested parties on programs of mutual interest. In addition, We concluded in the final analysis, the anticipated economic and other we feel that the designation will provide which included review and relevant impacts of designation. Below little if any benefit since the areas where incorporation of public comments, that we evaluate the benefits of excluding tribal lands occur (Unit 1b) is all no significant economic impacts are these tribal lands from critical habitat occupied by the Arkansas River shiner. expected from critical habitat and the benefits of including these After carefully balancing the designation above and beyond that areas. considerations involved in determining already imposed by listing the Arkansas In our deliberations over this critical whether lands should be included or River shiner. A copy of the final habitat designation, we identified two excluded from the designation of critical economic analysis is included in our categories of possible effects to tribes or habitat, we determined that the benefits administrative record and may be tribal resources. These include: (1) of promoting self-determination and the obtained by contacting the Oklahoma Effects resulting from designation of cooperative relationship with the tribes Ecological Services Field Office (see critical habitat on tribal lands; and (2) in managing threatened and endangered ADDRESSES section). effects on tribal resources, such as water species and their habitats, outweigh the deliveries, resulting from designation of benefits to be obtained from designating American Indian Tribal Rights, critical habitat on nontribal lands. We critical habitat for this species. Federal-Tribal Trust Responsibilities, identified tribal lands belonging to the Exclusion of these lands from the and the Endangered Species Act Choctaw and Chickasaw Nations as designation will not result in extinction In accordance with the Presidential containing stream reaches that may be of the Arkansas River shiner. Memorandum of April 29, 1994, and appropriate for designation of critical 2. Effects on Tribal Trust Resources Executive Order 13175, we believe that, habitat. Additionally, several tribes may From Critical Habitat Designation on to the maximum extent possible, fish, have lands located downstream from the Nontribal Lands wildlife, and other natural resources on designated critical habitat. tribal lands are better managed under We do not anticipate that designation tribal authorities, policies, and programs 1. Designation of Critical Habitat on of critical habitat on nontribal lands will than through Federal regulation Tribal Lands result in any impact on tribal trust wherever possible and practicable. The Presidential Memorandum of resources or the exercise of tribal rights. Based on this philosophy, we believe April 29, 1994, also requires us to As stated above, some tribes may have that, in most cases, designation of tribal consult with the tribes on matters that lands located downstream from critical lands as critical habitat provides very affect them, and section 4(b)(2) of the habitat for the Arkansas River shiner. little additional benefit to threatened Act requires us to gather information However, we did not propose to include and endangered species. This is regarding the designation of critical these lands in the critical habitat especially true where the habitat is habitat and the effects thereof from all designation since we determined that occupied by the species and is therefore relevant sources, including the tribes. they were not essential to the already subject to protection under the Recognizing a government-to- conservation of the Arkansas River Act through section 7 consultation government relationship with tribes and shiner.
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In complying with our tribal trust Act. Accordingly, the designation of unoccupied areas, incremental to the responsibilities, we must communicate currently occupied areas as critical listing of the Arkansas River shiner, as with all tribes potentially affected by the habitat does not have any incremental Federal agencies will need to ensure designation. Therefore, we solicited impacts on what actions may or may not that their actions do not result in information during the comment period be conducted by Federal agencies or adverse modification of the designated on the potential effects to tribes or tribal non-Federal persons that receive critical habitat. However, we resources that may result from critical Federal authorization or funding. Non- determined that the costs of these habitat designation. We did not receive Federal persons who do not have a additional consultations and any any substantive comments related to the Federal ‘‘sponsorship’’ of their actions resulting project modifications will not issue of impacts on tribal trust resources are not restricted by the designation of have an annual economic effect of $100 or exercise of tribal rights resulting from critical habitat (however, they continue million or adversely affect an economic designation of critical habitat on to be bound by the provisions of section sector, productivity, jobs, the nontribal lands during the public 9 of the Act concerning ‘‘take’’ of the environment, or other units of comment period. species). Additionally, critical habitat government. for the shiner overlaps with land Required Determinations (b) This rule will not create inhabited by the interior least tern inconsistencies with other agencies’ Regulatory Planning and Review (Sterna antillarum), a small white bird actions. Federal agencies have been In accordance with the criteria in that has been listed as endangered since required to ensure that their actions do Executive Order 12866, this rule is a 1985. Three of the five shiner critical not jeopardize the continued existence significant regulatory action and has habitat units overlap with areas of the Arkansas River shiner since its been reviewed by the Office of commonly inhabited by the least tern. listing in 1998. The prohibition against Management and Budget (OMB). For these areas, since consultations for adverse modification of critical habitat (a) This rule will not have an annual the least tern would have taken place is not expected to impose any additional economic effect of $100 million or regardless of the designation of critical restrictions above those that currently adversely affect an economic sector, habitat for the shiner, shiner critical exist. We do anticipate additional productivity, jobs, the environment, or habitat is unlikely to result in new, consultations to occur in unoccupied other units of government. A cost- incremental section 7 consultations in areas, incremental to the listing of the benefit analysis is not required for areas that overlap with least tern Arkansas River shiner, as Federal purposes of Executive Order 12866. The habitat. Thus, the incremental impacts agencies will need to ensure that their Arkansas River shiner was listed as a of consultations addressing shiner actions do not result in adverse threatened species in 1998. Currently, critical habitat in such areas will be modification of the designated critical we have not conducted any formal limited to the additional effort required habitat. section 7 consultation with other to conduct a consultation for two (c) This designation will not Federal agencies to ensure that their species at once. significantly impact entitlements, actions would not jeopardize the Designation of unoccupied areas as grants, user fees, loan programs, or the continued existence of the Arkansas critical habitat may have impacts on rights and obligations of their recipients. River shiner. what actions may or may not be Federal agencies are currently required Under the Act, critical habitat may conducted by Federal agencies or non- to ensure that their activities do not not be adversely modified by a Federal Federal persons that receive Federal jeopardize the continued existence of agency action; critical habitat does not authorization or funding. Based on our the species, and, as discussed above, we impose any restrictions on non-Federal understanding of the threats to the do not anticipate that the adverse persons unless they are conducting species, the prohibition against adverse modification prohibition (resulting from activities funded or otherwise modification of critical habitat in critical habitat designation) will have sponsored or permitted by a Federal unoccupied areas is not expected to any incremental effects in areas of agency (see Table 2 below). Section 7 impose any additional restrictions to occupied habitat. In unoccupied areas, requires Federal agencies to ensure that federally sponsored projects or activities we anticipate that there will be some they do not jeopardize the continued occurring in these areas, unless we incremental increase in the number of existence of the species. Based upon our make a determination that the proposed consultations as Federal agencies will experience with the species and its activity would result in an appreciable need to ensure that their actions do not needs, we conclude that any Federal reduction of the value of the critical result in adverse modification of the action or authorized action that could habitat for both the survival and designated critical habitat. potentially cause an adverse recovery of the Arkansas River shiner. (d) OMB has determined that this rule modification of the proposed critical As discussed in the final addendum to will raise novel legal or policy issues habitat would currently be considered the economic analysis, we do anticipate and, as a result, this rule has undergone as ‘‘jeopardy’’ to the species under the additional consultations to occur in OMB review.
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TABLE 2.—IMPACTS OF DESIGNATING CRITICAL HABITAT FOR ARKANSAS RIVER SHINER
Activities potentially af- fected by the designa- tion of critical habitat in Categories of activities areas occupied by the Activities potentially affected by the designation of critical habitat in unoccupied areas species (in addition to those affected from listing the species)
Federal activities poten- None ...... Activities such as those affecting waters of the United States by the U.S. Army Corps of En- tially affected 1. gineers under section 404 or by the Environmental Protection Agency under section 402 of the Clean Water Act; natural gas/petroleum pipeline and hydropower development/li- censing by the Federal Energy Regulatory Commission; construction of communication sites licensed by the Federal Communications Commission; road construction and mainte- nance, vegetation manipulation, right-of-way designation, regulation of agricultural activi- ties, and other activities funded by any Federal agency. Private or other non- None ...... Activities that require a Federal action (permit, authorization, or funding) and that involve Federal activities po- such activities as removing or destroying Arkansas River shiner habitat (as defined in the tentially affected 2. primary constituent elements discussion), whether by mechanical, chemical, or other means (e.g., channelization, flood control, water diversions, etc.), including indirect effects (e.g., edge effects, invasion of exotic plants or animals, or fragmentation); and that appre- ciably decrease habitat value or quality. 1 Activities initiated by a Federal agency. 2 Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.
Regulatory Flexibility Act (5 U.S.C. 601 areas of occupied designated critical River basin population of the Arkansas et seq.) habitat and few, if any, restrictions are River shiner imposes no additional In the economic analysis, we anticipated in areas of unoccupied restrictions to those currently in place, determined that designation of critical critical habitat. and therefore has little incremental habitat will not have a significant effect b. This rule will not produce a impact on State and local governments on a substantial number of small Federal mandate on State, local, or tribal and their activities. In unoccupied entities. As discussed under Regulatory governments or the private sector of areas, we do not anticipate the Planning and Review above, this more than $100 million or greater in any prohibition against adverse modification designation is not expected to result in year, i.e., it is not a ‘‘significant of critical habitat to impose any any additional restrictions in either regulatory action’’ under the Unfunded additional restrictions to federally areas occupied or unoccupied by the Mandates Reform Act. The designation sponsored projects or activities Arkansas River shiner. of critical habitat imposes no obligations occurring in these areas, unless through on State or local governments. the consultation process we find that Small Business Regulatory Enforcement the proposed activity will appreciably Takings Fairness Act (5 U.S.C. 804(2)) decrease habitat value or quality for Our economic analysis demonstrated In accordance with Executive Order both the survival and recovery of the that designation of critical habitat will 12630, this rule does not have Arkansas River shiner. not cause (a) an annual effect on the significant takings implications, and a In keeping with Department of the economy of $100 million or more, (b) takings implication assessment is not Interior policy, we requested any increases in costs or prices for required. This designation will not information from and coordinated consumers; individual industries; ‘‘take’’ private property. The designation development of this critical habitat Federal, State, or local government of critical habitat affects only Federal designation with appropriate State agencies; or geographic regions, or (c) agency actions. The rule will not resource agencies in Kansas, New any significant adverse effects on increase or decrease the current Mexico, Oklahoma, and Texas. We also competition, employment, investment, restrictions on private property utilized information on critical habitat productivity, innovation, or the ability concerning take of the Arkansas River submitted by the States during the of U.S.-based enterprises to compete shiner. Additionally, critical habitat listing of the Arkansas River shiner. We with foreign-based enterprises. designation does not preclude anticipate that the affected States will development of habitat conservation have representatives on our recovery Unfunded Mandates Reform Act (2 plans and issuance of incidental take team for this species. Consequently, we U.S.C. 1501 et seq.) permits. Landowners in areas that are will continue to coordinate this and any In accordance with the Unfunded included in the designated critical future designation of critical habitat for Mandates Reform Act: habitat will continue to have the Arkansas River shiner with the a. This rule will not ‘‘significantly or opportunity to utilize their property in appropriate State agencies. uniquely’’ affect small governments. A ways consistent with the survival of the Civil Justice Reform Small Government Agency Plan is not Arkansas River shiner. required. Small governments will be In accordance with Executive Order affected only to the extent that any Federalism 12988, the Department of the Interior’s programs involving Federal funds, In accordance with Executive Order Office of the Solicitor determined that permits, or other authorized activities 13132, the rule does not have significant this rule does not unduly burden the must ensure that their actions will not Federalism effects. A Federalism judicial system and meets the destroy or adversely modify critical assessment is not required. The requirements of sections 3(a) and 3(b)(2) habitat. However, as discussed above, designation of critical habitat in areas of the Order. The Office of the Solicitor no further restrictions are anticipated in currently occupied by the Arkansas reviewed this final determination. We
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made every effort to ensure that this 1995), cert. denied 116 S. Ct. 698 (1996). List of Subjects in 50 CFR Part 17 final determination contains no drafting However, when the range of the species Endangered and threatened species, errors, provides clear standards, includes States within the Tenth Circuit Exports, Imports, Reporting and simplifies procedures, reduces burden, (the States of CO, KS, NE, NM, OK, UT, recordkeeping requirements, and is clearly written such that and WY), such as that of the Arkansas Transportation. litigation risk is minimized. River shiner, pursuant to the Tenth Regulation Promulgation Paperwork Reduction Act of 1995 (44 Circuit ruling in Catron County Board of U.S.C. 3501 et seq.) Commissioners v. U.S. Fish and Wildlife Accordingly, we amend part 17, Service, 75 F.3d 1429 (10th Cir. 1996), This rule does not contain any subchapter B of chapter I, title 50 of the information collection requirements for we undertake a NEPA analysis for Code of Federal Regulations as set forth which OMB approval under the critical habitat designation. We below: Paperwork Reduction Act is required. completed an environmental assessment and finding of no significant impact on PART 17—[AMENDED] National Environmental Policy Act the designation of critical habitat for the 1. The authority citation for part 17 Our position is that, outside the Tenth Arkansas River shiner. continues to read as follows: Circuit, we do not need to prepare References Cited environmental analyses as defined by Authority: 16 U.S.C. 1361–1407; 16 U.S.C. the NEPA in connection with 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– A complete list of all references cited 625, 100 Stat. 3500; unless otherwise noted. designating critical habitat under the in this final rule is available upon Endangered Species Act of 1973, as request from the Oklahoma Ecological 2. Amend § 17.11(h), by revising the amended. We published a notice Services Office (see ADDRESSES section). entry for ‘‘shiner, Arkansas River’’ outlining our reasons for this under ‘‘FISHES’’ to read as follows: determination in the Federal Register Author on October 25, 1983 (48 FR 49244). This § 17.11 Endangered and threatened assertion was upheld in the courts of the The primary author of this notice is wildlife. Ninth Circuit (Douglas County v. Ken Collins (see ADDRESSES section). * * * * * Babbitt, 48 F.3d 1495 (9th Cir. Ore. (h) * * *
Species Vertebrate population Historic range where endangered or Status When listed Critical Special Common name Scientific name threatened habitat rules
******* FISHES ******* Shiner, Arkansas Notropis girardi ...... U.S.A. (AR, KS, Arkansas River Basin T 653 § 17.95(e) NA River. NM, OK, TX). (AR, KS, NM, OK, TX. *******
3. Amend § 17.95(e) by adding critical 2. Critical habitat includes the stream braided channel with pool, riffle, run, habitat for the Arkansas River shiner channels within the identified stream and backwater components that provide (Notropis girardi) in the same reaches indicated on the maps below, a suitable variety of depths and current alphabetical order as this species occurs and includes a lateral distance of 91.4 velocities in appropriate seasons; (3) a in 17.11(h) to read as follows. m (300 ft) on each side of the stream suitable unimpounded stretch of width at bankfull discharge. Bankfull flowing water of sufficient length to § 17.95 Critical habitat—fish and wildlife. discharge is the flow at which water allow hatching and development of the * * * * * begins to leave the channel and move larvae; (4) substrates of predominantly (e) Fishes. into the floodplain (Rosgen 1996) and sand, with some patches of gravel and * * * * * generally occurs with a frequency of cobble; (5) water quality characterized every 1 to 2 years (Leopold et al. 1992). ARKANSAS RIVER SHINER (Notropis by low concentrations of contaminants 3. Within these areas, the primary girardi) and natural, daily and seasonally constituent elements include, but are variable temperature, turbidity, 1. Critical habitat is depicted for not limited to, those habitat components conductivity, dissolved oxygen, and pH; Barton, Clark, Comanche, Cowley, that are essential for the primary (6) abundant terrestrial, semiaquatic, Edwards, Finney, Ford, Gray, Hamilton, biological needs of foraging, sheltering, and aquatic invertebrate food base; and Kearny, Kiowa, Meade, Pawnee, Reno, and reproduction. These elements (7) few or no predatory or competitive Rice, Sedgwick, Seward, and Sumner include the following—(1) a natural, nonnative species present. Counties, Kansas; Quay County, New unregulated hydrologic regime complete Mexico; Beaver, Blaine, Caddo, with episodes of flood and drought or, 4. Existing human-constructed Canadian, Cleveland, Custer, Dewey, if flows are modified or regulated, a features and structures within the Ellis, Grady, Harper, Hughes, Major, hydrologic regime characterized by the critical habitat boundary, such as McClain, McIntosh, Pittsburg, Pontotoc, duration, magnitude, and frequency of buildings, powerlines, roads, railroads, Pottawatomie, Roger Mills, Seminole, flow events capable of forming and urban development, and other features Texas, Woods, and Woodward Counties, maintaining channel and instream not containing any primary constituent Oklahoma; and Hemphill, Oldham, and habitat necessary for particular elements, are not considered critical Potter Counties, Texas, on the maps and Arkansas River shiner life-stages in habitat and are not included in the as described below. appropriate seasons; (2) a complex, designation. Tribal lands located within
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the critical habitat boundary of Unit 1b (Cimarron Meridian (CM) and Indian maps; river reach distances were are not considered critical habitat. Meridian (IM)), and Texas (geographic derived from digital data obtained from 5. Kansas (Sixth Principal Meridian coordinates): Areas of land and water as USGS National Atlas data set for river (SPM)), New Mexico (New Mexico follows (physical features were reaches, roads, and county boundaries. Principal Meridian (NMPM)), Oklahoma identified using USGS 7.5′ quadrangle BILLING CODE 4310–55–U
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Use Constraints: This map is intended to be used as a guide to identify the general areas where Arkansas River Shiner critical habitat has been designated. The precise legal definition of critical habitat should be obtained from the text of the Final Designation of Critical Habitat for the Arkansas River Shiner.
BILLING CODE 4310–55–C
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ARKANSAS RIVER SHINER (Notropis Reach 2. Beaver/North Canadian Reach 4. Arkansas River, Hamilton, girardi) River, Texas, Beaver, Harper, Ellis, Kearny, Finney, Gray, Ford, Edwards, Reach 1. Canadian/South Canadian Woodward, and Major Counties, Kiowa, Pawnee, Barton, Rice, Reno, River, New Mexico, Texas, and Oklahoma—259 km (161 mi) of river Sedgwick, Sumner, and Cowley Oklahoma. extending from Optima Dam in Texas Counties, Kansas—564 km (351 mi) of a. Canadian River—approximately County, Oklahoma (CM,T.2N., R.18E., river extending from Kansas State 215 km (134 mi) from U.S. Highway 54 NW1⁄4 SE1⁄4 SE1⁄4 Sec. 5) downstream to Highway 27 bridge in Hamilton County, bridge near Logan, Quay County, New U.S. Highway 60/281 bridge in Major Kansas (SPM, T. 24 S., R. 40 W., Sec. 18) Mexico (NMPM, T.13N., R.33E., NW1⁄4 County, Oklahoma (IM, T.20N., R.16W., downstream to KS/OK State line in Sec. 14) downstream to the confluence west boundary Sec. 28). Cowley County, Kansas (SPM, T.35S., with Coetas Creek, Potter County, Texas Reach 3. Cimarron River, Seward, R.5E., southern boundary Sec. 18). (35°27′53″ N, 101°52′46″ W). Meade, Clark and Comanche Counties, b. Canadian River—approximately Kansas and Beaver, Harper, Woods, and * * * * * 593 km (368 mi), extending from U.S. Woodward, Counties, Oklahoma—215 Dated: March 28, 2001. Highway 60/83 bridge near Canadian, km (134 mi) of river extending from U.S. Joseph E. Doddridge, Hemphill County, Texas (35°56′02″ N, Highway 54 bridge in Seward County, ° ′ ″ Acting Assistant Secretary for Fish and 100 22 00 W) downstream to Indian Kansas (SPM, T. 33 S., R. 32 W., Sec. 25) Wildlife and Parks. Nation Turnpike bridge northwest of downstream to U.S. Highway 281 bridge [FR Doc. 01–8082 Filed 3–30–01; 8:45 am] McAlester, Oklahoma (IM T.8N., R.13E., in Woods County, Oklahoma (IM, BILLING CODE 4310–55–U SE1⁄4 SW1⁄4 SE1⁄4 Sec. 23). T.24N., R.16W., Sec. 35).
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VerDate 11-MAY-2000 18:49 Apr 03, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\04APCU.LOC pfrm10 PsN: 04APCU ii Federal Register / Vol. 66, No. 65 / Wednesday, April 4, 2001 / Reader Aids
REMINDERS information disclosure; comments due by 4-10- Mississippi; comments due The items in this list were comments due by 4-11- 01; published 2-9-01 by 4-13-01; published 2- editorially compiled as an aid 01; published 1-11-01 ENVIRONMENTAL 28-01 to Federal Register users. AGRICULTURE PROTECTION AGENCY Texas; comments due by 4- Inclusion or exclusion from DEPARTMENT Air pollutants, hazardous; 13-01; published 2-28-01 this list has no legal Food Safety and Inspection national emission standards: Radio stations; table of significance. Service Washington; assignments: Meat and poultry inspection: perchloroethylene dry Missouri; comments due by cleaning facilities; 4-9-01; published 3-1-01 RULES GOING INTO Retained water in raw meat and poultry products; comments due by 4-11- Texas; comments due by 4- EFFECT APRIL 4, 2001 poultry chilling 01; published 3-12-01 9-01; published 3-1-01 requirements; comments Air programs: Television stations; table of HEALTH AND HUMAN due by 4-9-01; published Stratospheric ozone assignments: SERVICES DEPARTMENT 1-9-01 protection— Kansas; comments due by Food and Drug COMMERCE DEPARTMENT Laboratory essential uses 4-13-01; published 2-28- Administration National Oceanic and (2001 CY); de minimis 01 Biological products: Atmospheric Administration exemption; comments FEDERAL HOUSING due by 4-12-01; Human cells, tissues, and Fishery conservation and FINANCE BOARD published 3-13-01 cellular and tissue-based management: Federal home loan bank Laboratory essential uses products; establishment Atlantic highly migratory system: registration and listing; (2001 CY); de minimis species— Capital structure published 1-19-01 exemption; comments Pelagic longline due by 4-12-01; requirements; comments JUSTICE DEPARTMENT management; comments published 3-13-01 due by 4-9-01; published Privacy Act; implementation; 3-9-01 due by 4-9-01; Air quality implementation published 4-4-01 published 3-30-01 plans; approval and HEALTH AND HUMAN TRANSPORTATION Magnuson-Stevens Act promulgation; various SERVICES DEPARTMENT DEPARTMENT provisions— States; air quality planning Food and Drug Coast Guard Domestic fisheries; purposes; designation of Administration Drawbridge operations: exempted fishing areas: Food for human consumption: permits; comments due Massachusetts; published 4- Minnesota; comments due Imported food products that by 4-11-01; published 4-01 by 4-9-01; published 3-9- have been refused 3-27-01 01 TRANSPORTATION admission into U.S.; Foreign fishing vessels; Minnesota; correction; DEPARTMENT marking requirements and fee schedule; comments comments due by 4-9-01; reimportation prohibitions; Federal Aviation due by 4-9-01; published 3-30-01 comments due by 4-9-01; Administration published 3-8-01 Utah; comments due by 4- published 1-22-01 Airworthiness directives: Northeastern United States 9-01; published 3-9-01 HEALTH AND HUMAN CFM International, S.A.; fisheries— Washington; comments due SERVICES DEPARTMENT published 2-28-01 Tilefish; comments due by by 4-12-01; published 3- Health Care Financing 4-13-01; published 2-12- 13-01 Administration 01 COMMENTS DUE NEXT FEDERAL Group health plans; access, WEEK COMMODITY FUTURES COMMUNICATIONS portability, and renewability TRADING COMMISSION COMMISSION requirements: AGRICULTURE Commodity Exchange Act: Common carrier services: Bona fide wellness DEPARTMENT Futures commission Commercial mobile radio programs; comments due merchants; customers’ Animal and Plant Health services— by 4-9-01; published 1-8- funds; opting out of Inspection Service Spectrum aggregation 01 segregation; comments Exportation and importation of limits; biennial Nondiscrimination in health due by 4-12-01; published regulatory review; coverage in group market; animals and animal 3-13-01 products: comments due by 4-13- comments due by 4-9-01; Commodity Futures 01; published 2-12-01 published 1-8-01 Rinderpest and foot-and- Modernization Act of 2000; Spectrum aggregation mouth disease; disease INTERIOR DEPARTMENT implementation: limits; biennial status change— Fish and Wildlife Service Trading facilities, regulatory review; South Africa; comments intermediaries, and correction; comments Endangered and threatened due by 4-10-01; clearing organizations; due by 4-13-01; species: published 2-9-01 new regulatory framework; published 2-15-01 Appalachian elktoe; AGRICULTURE comments due by 4-9-01; Digital television comments due by 4-9-01; DEPARTMENT published 3-9-01 broadcasting— published 2-8-01 Food and Nutrition Service DEFENSE DEPARTMENT 740-806 MHz band; Critical habitat Child nutrition programs: Civilian health and medical conversion to digital designations— Special milk, summer food program of uniformed television; comments Quino checkerspot service, child and adult services (CHAMPUS): due by 4-10-01; butterfly; comments due care food, free and TRICARE program— published 4-3-01 by 4-9-01; published 2- 7-01 reduced price meals and Pharmacy Benefits Digital television stations; table free milk in schools Program, partial of assignments: Spruce-fir moss spider; programs— implementation; and Arkansas; comments due by comments due by 4-13- State Medicaid and State National Defense 4-13-01; published 2-28- 01; published 2-12-01 Children’s Health Authorization Act for 01 Marine mammals: Insurance Program; Fiscal Year 2001; California; comments due by Incidental take during children’s eligibility implementation; 4-9-01; published 2-21-01 specified activities—
VerDate 11-MAY-2000 18:49 Apr 03, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\04APCU.LOC pfrm10 PsN: 04APCU Federal Register / Vol. 66, No. 65 / Wednesday, April 4, 2001 / Reader Aids iii
Florida manatees; Undocumented barges; Drawback: comments due by 4-11- numbering; comments due Unused merchandise 01; published 3-12-01 by 4-11-01; published 1- drawback; merchandise LIST OF PUBLIC LAWS LABOR DEPARTMENT 11-01 processing fee; comments Employment and Training TRANSPORTATION due by 4-10-01; published This is a continuing list of Administration DEPARTMENT 2-9-01 public bills from the current Welfare-to-work grants; Federal Aviation TREASURY DEPARTMENT session of Congress which governing provisions Administration have become Federal laws. It Internal Revenue Service may be used in conjunction Effective date delay; Airworthiness directives: Excise taxes: with ‘‘PLUS’’ (Public Laws comments due by 4-11- Bell; comments due by 4-9- Update Service) on 202–523– 01; published 2-12-01 01; published 2-6-01 Excess benefit transactions; cross-reference; 6641. This list is also Boeing; comments due by LABOR DEPARTMENT comments due by 4-10- available online at http:// 4-9-01; published 2-21-01 Pension and Welfare 01; published 1-10-01 www.nara.gov/fedreg. Cessna; comments due by Benefits Administration Group health plans; access, Group health plans; access, 4-13-01; published 2-12- The text of laws is not 01 portability, and portability, and renewability renewability published in the Federal General Electric Co.; requirements: requirements— Register but may be ordered comments due by 4-11- in ‘‘slip law’’ (individual Bona fide wellness Bona fide wellness programs; comments due 01; published 3-12-01 pamphlet) form from the McDonnell Douglas; programs; comments Superintendent of Documents, by 4-9-01; published 1-8- due by 4-9-01; 01 comments due by 4-9-01; U.S. Government Printing published 2-21-01 published 1-8-01 Office, Washington, DC 20402 Nondiscrimination in health Nondiscrimination in (phone, 202–512–1808). The coverage in group market; Pilatus Aircraft Ltd.; health coverage in text will also be made comments due by 4-9-01; comments due by 4-12- 01; published 3-5-01 group market; cross- available on the Internet from published 1-8-01 reference; comments Pratt & Whitney; comments GPO Access at http:// NUCLEAR REGULATORY due by 4-9-01; due by 4-9-01; published www.access.gpo.gov/nara/ COMMISSION published 1-8-01 2-6-01 index.html. Some laws may Spent nuclear fuel and high- Nondiscrimination in not yet be available. level radioactive waste; Valentin GmbH; comments due by 4-13-01; published health coverage in independent storage; group market; S.J. Res. 6/P.L. 107–5 licensing requirements: 3-23-01 comments due by 4-9- Providing for congressional Approved spent fuel storage TRANSPORTATION 01; published 1-8-01 DEPARTMENT disapproval of the rule casks; list additions; Nondiscrimination submitted by the Department Federal Motor Carrier Safety comments due by 4-12- requirements for certain of Labor under chapter 8 of Administration 01; published 3-13-01 grandfathered church title 5, United States Code, POSTAL SERVICE Motor carrier safety standards: plans; exception; relating to ergonomics. (Mar. Domestic Mail Manual: Small passenger-carrying comments due by 4-9- 20, 2001; 115 Stat. 7) commercial motor vehicles First-class mail, standard 01; published 1-8-01 used in interstate Last List March 20, 2001 mail, and bound printed Income taxes: commerce; operator safety matter flats; changes; requirements; comments Annuity contracts; debt comments due by 4-13- due by 4-11-01; published instruments with original 01; published 3-16-01 Public Laws Electronic 1-11-01 issue discount; comments International Mail Manual: due by 4-12-01; published Notification Service TRANSPORTATION 1-12-01 (PENS) International Customized DEPARTMENT Mail service; comments Cafeteria plans; tax Research and Special due by 4-9-01; published treatment; cross-reference; Programs Administration 3-8-01 comments due by 4-10- PENS is a free electronic mail Hazardous materials: SECURITIES AND 01; published 1-10-01 notification service of newly EXCHANGE COMMISSION Carriage by rail and Procedure and administration: enacted public laws. To carriage by public subscribe, go to http:// Public utility holding Returns and return highway; Regulatory hydra.gsa.gov/archives/ companies: information disclosure to Flexibility Act and plain publaws-l.html or send E-mail taxpayer designee; cross- Foreign utility companies; language reviews; to [email protected] reference; comments due acquisition and ownership; comments due by 4-12- with the following text by 4-11-01; published 1- comments due by 4-9-01; 01; published 1-12-01 message: published 2-7-01 11-01 TREASURY DEPARTMENT SUBSCRIBE PUBLAWS-L TRANSPORTATION Customs Service TREASURY DEPARTMENT DEPARTMENT Your Name. Articles conditionally free, Practice before Internal Coast Guard Revenue Service: subject to reduced rates, Note: This service is strictly Drawbridge operations: etc.: Regulations modifications; for E-mail notification of new Washington; comments due Beverages made wuth comments due by 4-12- laws. The text of laws is not by 4-13-01; published 2- Caribbean rum; duty-free 01; published 1-12-01 available through this service. 12-01 treatment; comments due Privacy Act; implementation; PENS cannot respond to Vessel documentation and by 4-10-01; published 2-9- comments due by 4-9-01; specific inquiries sent to this measurement: 01 published 3-8-01 address.
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