5–21–03 Vol. 68 No. 98 Wednesday May 21, 2003 Pages 27727–27890

5–21–03 Wednesday Vol. 68 No. 98 May 21, 2003

Pages 27727–27890

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1 II Federal Register / Vol. 68, No. 98 / Wednesday, May 21, 2003

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public interest. Subscriptions: Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–741–6005 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http:// www.archives.gov/federallregister/. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 68 FR 12345.

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2 III

Contents Federal Register Vol. 68, No. 98

Wednesday, May 21, 2003

Agriculture Department Comptroller of the Currency See Forest Service PROPOSED RULES See Rural Business-Cooperative Service National banks: NOTICES Securities; reporting and disclosure requirements, 27753– Agency information collection activities; proposals, 27757 submissions, and approvals, 27778–27780

Antitrust Division Defense Department NOTICES See Navy Department Competitive impact statements and proposed consent judgments: Univision Communications Inc., 27851–27863 Education Department Village Voice Media, LLC, et al., 27863–27864 NOTICES National cooperative research notifications: Agency information collection activities; proposals, Global Climate and Energy Project, 27865 submissions, and approvals, 27790–27791 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Energy Department NOTICES Centers for Disease Control and Prevention Grants and cooperative agreements; availability, etc.: NOTICES Biological and Environmental Research Office programs— Grants and cooperative agreements; availability, etc.: Genomic sequencing targets; input and nominations Birth defects— request, 27791–27793 Clinical Practices to Prevent Birth Defects and Developmental Disabilities to Promote Health Among Women with Disabilities Program, 27808– Environmental Protection Agency 27810 RULES Duchenne and Becker Muscular Dystrophy and other Pesticides; tolerances in food, animal feeds, and raw single gene disorders; surveillance and epidemiologic agricultural commodities: research, 27810–27813 Indoxacarb, 27740–27746 Meetings: Pyraflufen-ethyl, 27729–27740 Disease, Disability, and Injury Prevention and Control Superfund program: Special Emphasis Panels, 27813 National oil and hazardous substances contingency Centers for Medicare & Medicaid Services plan— NOTICES National priorities list update, 27746–27747 Medicaid: NOTICES State plan amendments, reconsideration; hearings— Agency information collection activities; proposals, Arkansas, 27815–27816 submissions, and approvals, 27793–27797 Michigan, 27813–27815 Meetings: Environmental Policy and Technology National Advisory Children and Families Administration Council, 27797–27799 NOTICES Pesticide, food, and feed additive petitions: Grants and cooperative agreements; availability, etc.: Interregional Research Project (No. 4), 27799–27802 Help America Vote Act— Pesticides; emergency exemptions, etc.: Election Assistance for Individuals with Disabilities Carbofuran, 27802–27805 Program, 27816–27818 Pesticides; experimental use permits, etc.: Coast Guard HBB Partnership, 27805 RULES Reports and guidance documents; availability, etc.: Ports and waterways safety: Review of reference dose and reference concentration Des Plaines River, Joliet, IL; regulated navigation area, processes, 27805–27806 27727–27729 Superfund; response and remedial actions, proposed settlements, etc.: Commerce Department Southern Solvents Site, FL, 27806 See International Trade Administration Water pollution; discharge of pollutants (NPDES): See National Oceanic and Atmospheric Administration Alaska; oil and gas extraction facilities on north slope of See Patent and Trademark Office Brooks Range; general permit, 27806–27807 Committee for the Implementation of Textile Agreements NOTICES Executive Office of the President Cotton, wool, and man-made textiles: See Presidential Documents China, 27787–27789 See Trade Representative, Office of United States

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Farm Credit Administration See Transportation Security Administration PROPOSED RULES Farm credit system: Housing and Urban Development Department Financing eligibility and scope, loan policies and NOTICES operations, and general provisions— Agency information collection activities; proposals, Credit and related services; miscellaneous submissions, and approvals, 27838–27840 amendments, 27757–27760 Interior Department Federal Communications Commission See Fish and Wildlife Service PROPOSED RULES See Land Management Bureau Digital television stations; table of assignments: See Minerals Management Service Montana, 27767–27768 See Surface Mining Reclamation and Enforcement Office Federal Maritime Commission NOTICES Internal Revenue Service Agreements filed, etc., 27807 NOTICES Ocean transportation intermediary licenses: Meetings: Uraycar Transport Services, Inc., et al., 27807–27808 Taxpayer Advocacy Panels; correction, 27884–27885

Fish and Wildlife Service International Trade Administration NOTICES NOTICES Comprehensive conservation plans; availability, etc: Antidumping: Noxubee National Wildlife Refugee, MS, 27840–27841 Stainless steel sheet and strip in coils from— Environmental statements; availability, etc.: Taiwan, 27782–27783 Incidental take permits— Antidumping and countervailing duties: Riverside County, CA; coastal California gnatcatcher, Administrative review requests, 27781–27782 27841–27842 Justice Department Food and Drug Administration See Antitrust Division RULES See National Institute of Corrections Animal drugs, feeds, and related products: NOTICES Bambermycins, 27727 Grants and cooperative agreements; availability, etc.: NOTICES Agency information collection activities; proposals, Community Oriented Policing Services Office— submissions, and approvals, 27818–27822 Community policing discretionary grants (2002 FY), Reports and guidance documents; availability, etc.: 27846–27851 FDA Modernization Act of 1997— Drug and biologics firms conducting postmarketing Land Management Bureau commitment studies; performance report, 27822– NOTICES 27823 Meetings: Wild Horse and Burro Advisory Board, 27842–27843 Forest Service NOTICES Minerals Management Service Environmental statements; notice of intent: NOTICES Wallowa-Whitman National Forest, OR; withdrawn, Agency information collection activities; proposals, 27780 submissions, and approvals, 27843–27845 Meetings: Royalty management: Resource Advisory Committees— Indian gas production in designated areas not associated Sanders County, 27780 with index zones; additional royalty payments; major portion prices and due dates; correction, 27845 Health and Human Services Department See Centers for Disease Control and Prevention National Aeronautics and Space Administration See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Meetings: See Food and Drug Administration Advisory Council See Health Resources and Services Administration Aerospace Technology Advisory Committee, 27865 See National Institutes of Health Health Resources and Services Administration National Foundation on the Arts and the Humanities NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Continuing Clinical Education Program in Pacific Basin; Humanities Panel, 27865–27866 planning, development, implementation, and Senior Executive Service: operation, 27823–27826 Performance Review Board; membership, 27866 National Vaccine Injury Compensation Program: Petitions received, 27826–27836 National Institute of Corrections NOTICES Homeland Security Department Meetings: See Coast Guard Advisory Board, 27865

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National Institutes of Health Rural Business-Cooperative Service NOTICES NOTICES Meetings: Agency information collection activities; proposals, National Cancer Institute, 27836–27837 submissions, and approvals, 27780–27781 National Institute of Child Health and Human Development, 27838 Securities and Exchange Commission National Institute of Mental Health, 27837 NOTICES National Institute on Aging, 27838 Regulatory responsibility allocation program: National Association of Securities Dealers, Inc., et al., National Oceanic and Atmospheric Administration 27869–27872 PROPOSED RULES Self-regulatory organizations; proposed rule changes: Fishery conservation and management: American Stock Exchange LLC, 27872–27876 Northeastern United States fisheries— Depository Trust Co., 27876–27879 Northeast multispecies, 27774–27777 National Association of Securities Dealers, Inc., 27879– Summer flounder, scup, and black sea bass, 27768– 27880 27773 National Securities Clearing Corp., 27880–27882 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities; proposals, MainStay Funds, et al., 27867–27869 submissions, and approvals, 27783–27784 Electronic Navigation Charts released as Nautical Charts; digital navigation and associated data; distribution to Small Business Administration public on Internet, 27784–27785 NOTICES Meeting: Disaster loan areas: North Pacific Fishery Management Council, 27785–27786 Alabama, 27882 Meetings: Kansas, 27882 Gulf of Mexico Fishery Management Council et al., 27786 Mississippi, 27883 Permits: Texas, 27883 Foreign fishing, 27787 State Department National Science Foundation NOTICES NOTICES Art objects; importation for exhibition: Antarctic Conservation Act of 1978; permit applications, Anne Frank the Writer: An Unfinished Story, 27883 etc., 27866

Navy Department Surface Mining Reclamation and Enforcement Office NOTICES NOTICES Base realignment and closure: Agency information collection activities; proposals, Surplus Federal property— submissions, and approvals, 27845–27846 Naval Air Station, Key West, FL; withdrawn, 27790 Inventions, Government-owned; availability for licensing, Textile Agreements Implementation Committee 27790 See Committee for the Implementation of Textile Agreements Office of United States Trade Representative See Trade Representative, Office of United States Trade Representative, Office of United States NOTICES Patent and Trademark Office Dominican Republic; reinstatement of government NOTICES procurement treatment of products, 27883 Patents: Human drug products: Ranolazine; interim term extension, 27787 Transportation Security Administration RULES Postal Service Aviation security infrastructure fees, 27747–27752 PROPOSED RULES Domestic Mail Manual: Treasury Department Customized MarketMail; mailing nonrectangular- or See Comptroller of the Currency irregular-shaped items; classification change, 27760– See Internal Revenue Service 27767 NOTICES Agency information collection activities; proposals, Presidential Documents submissions, and approvals, 27883–27884 PROCLAMATIONS Special observances: World Trade Week (Proc. 7679), 27887–27890 Separate Parts In This Issue Railroad Retirement Board NOTICES Part II Agency information collection activities; proposals, Executive Office of the President, Presidential Documents, submissions, and approvals, 27866–27867 27887–27890

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To subscribe to the Federal Register Table of Contents Reader Aids LISTSERV electronic mailing list, go to http:// Consult the Reader Aids section at the end of this issue for listserv.access.gpo.gov and select Online mailing list phone numbers, online resources, finding aids, reminders, archives, FEDREGTOC-L, Join or leave the list (or change and notice of recently enacted public laws. settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7679...... 27889 12 CFR Proposed Rules: 11...... 27753 16...... 27753 613...... 27757 614...... 27757 618...... 27757 21 CFR 558...... 27727 33 CFR 165...... 27727 39 CFR Proposed Rules: 111...... 27760 40 CFR 180 (2 documents) ...... 27729, 27740 300...... 27746 47 CFR Proposed Rules: 73...... 27767 49 CFR 1510...... 27747 1511...... 27747 50 CFR Proposed Rules: 648 (2 documents) ...... 27768, 27774

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Rules and Regulations Federal Register Vol. 68, No. 98

Wednesday, May 21, 2003

This section of the FEDERAL REGISTER day. The supplemental NADA is ‘‘5.33’’ and ‘‘10- to 20–milligrams’’ and contains regulatory documents having general approved as of February 10, 2003, and by adding in their respective places applicability and legal effect, most of which the regulations are amended in 21 CFR ‘‘10.66’’ and ‘‘10 to 40 milligrams’’; and are keyed to and codified in the Code of 558.95 to reflect the approval. The basis ■ c. In paragraphs (d)(4)(ii)(b), Federal Regulations, which is published under of approval is discussed in the freedom (d)(4)(iii)(d), and (d)(4)(iv)(c) by adding 50 titles pursuant to 44 U.S.C. 1510. of information summary. ‘‘Daily bambermycins intakes in excess The Code of Federal Regulations is sold by In accordance with the freedom of of 20 mg/head/day have not been shown the Superintendent of Documents. Prices of information provisions of 21 CFR part to be more effective than 20 mg/head/ new books are listed in the first FEDERAL 20 and 21 CFR 514.11(e)(2)(ii), a day.’’ at the end of the paragraph. REGISTER issue of each week. summary of safety and effectiveness Dated: May 8, 2003. data and information submitted to Steven D. Vaughn, support approval of this application DEPARTMENT OF HEALTH AND Director, Office of New Animal Drug may be seen in the Dockets Management Evaluation, Center for Veterinary Medicine. HUMAN SERVICES Branch (HFA–305), Food and Drug [FR Doc. 03–12721 Filed 5–20–03; 8:45 am] Administration, 5630 Fishers Lane, rm. Food and Drug Administration BILLING CODE 4160–01–S 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through 21 CFR Part 558 Friday. The agency has carefully considered DEPARTMENT OF HOMELAND New Animal Drugs for Use in Animal SECURITY Feeds; Bambermycins the potential environmental impact of this action and has concluded that the Coast Guard AGENCY: Food and Drug Administration, action will not have a significant impact HHS. on the human environment and that an 33 CFR Part 165 ACTION: Final rule. environmental impact statement is not required. FDA’s finding of no significant [CGD09–03–214] SUMMARY: The Food and Drug impact and the evidence supporting that RIN 1625–AA11 Administration (FDA) is amending the finding, contained in an environmental animal drug regulations to reflect assessment, may be seen in the Dockets Regulated Navigation Area; Des approval of a supplemental new animal Management Branch between 9 a.m. and Plaines River, Joliet, IL drug application (NADA) filed by 4 p.m., Monday through Friday. Intervet, Inc. The supplemental NADA This rule does not meet the definition AGENCY: Coast Guard, DHS. provides for use of bambermycins Type of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because ACTION: Temporary final rule; request for A medicated articles to make Type B it is a rule of ‘‘particular applicability.’’ comments. and Type C medicated feeds used to Therefore, it is not subject to the increase rate of weight gain in pasture SUMMARY: The Coast Guard is congressional review requirements in 5 cattle (slaughter, stocker, feeder cattle, establishing a regulated navigation area U.S.C. 801–808. and dairy and beef replacement heifers) on the Des Plaines River in Joliet, when consumed free-choice or hand-fed List of Subjects in 21 CFR Part 558 Illinois. This temporary final rule at a rate of not less than 10 milligrams Animal drugs, Animal feeds. requires that certain southbound tows (mg) nor more than 40 mg passing under the Jefferson Street bridge ■ bambermycins per head per day. Therefore, under the Federal Food, use an assist tug. This action is Drug, and Cosmetic Act and under DATES: This rule is effective May 21, necessary to ensure vessel and public authority delegated to the Commissioner 2003. safety due to an allision with this bridge of Food and Drugs and redelegated to the FOR FURTHER INFORMATION CONTACT: Eric structure. This rule is intended to Center for Veterinary Medicine, 21 CFR restrict vessel traffic in a portion of the S. Dubbin, Center for Veterinary part 558 is amended as follows: Medicine (HFV–126), Food and Drug Des Plaines River near Joliet, Illinois. Administration, 7500 Standish Pl., PART 558—NEW ANIMAL DRUGS FOR DATES: This rule is effective from 8 a.m. Rockville, MD 20855, 301–827–0232, e- USE IN ANIMAL FEEDS (local) on May 11, 2003 until November mail: [email protected]. 15, 2003. ■ SUPPLEMENTARY INFORMATION: Intervet, 1. The authority citation for 21 CFR ADDRESSES: Documents indicated in this Inc., PO Box 318, 405 State St., part 558 continues to read as follows: preamble as being available in the Millsboro, DE 19966, filed a supplement Authority: 21 U.S.C. 360b, 371. docket are part of docket [CGD09–02– to NADA 141–034 that provides for use 214] and are available for inspection or of GAINPRO (bambermycins) Type A § 558.95 [Amended] copying at Coast Guard Marine Safety medicated articles to make Type B and ■ 2. Section 558.95 Bambermycins is Office (MSO) Chicago, 215 W. 83rd St, Type C medicated feeds used to increase amended by: Suite D, Burr Ridge, Illinois 60521 rate of weight gain in pasture cattle ■ a. In paragraphs (d)(4)(ii)(b) and between 8 a.m. and 3:30 p.m., Monday (slaughter, stocker, feeder cattle, and (d)(4)(iv)(a) by removing ‘‘20’’ and by through Friday, except Federal holidays. dairy and beef replacement heifers) adding in its place ‘‘40’’; FOR FURTHER INFORMATION CONTACT: when consumed free-choice or hand-fed ■ b. In paragraph (d)(4)(iii)(d) by adding MST2 Kenneth Brockhouse, U.S. Coast at a rate of not less than 10 mg nor more ‘‘cattle, and dairy and beef replacement Guard Marine Safety Office Chicago, at than 40 mg bambermycins per head per heifers’’ after ‘‘feeder’’, and by removing (630) 986–2175.

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SUPPLEMENTARY INFORMATION: Background and Purpose accidents, or other causes of a similar nature. Request for Comments On May 2, 2003, a southbound tow allided with the pier of the Jefferson Small Entities We encourage you to participate in Street bridge. This allision resulted in Under the Regulatory Flexibility Act this rulemaking by submitting significant structural damage to the (5 U.S.C. 601–612), we have considered comments and related material. We bridge pier. Southbound tows with a 3 whether this rule would have a encourage comments on whether a by 5 configuration, transiting under the significant economic impact on a regulated navigation area is the Cass Street Bridge and then the Jefferson substantial number of small entities. appropriate tool to provide for the safe Street Bridge, only have 100 feet of The term ‘‘small entities’’ comprises navigation of tows transiting through horizontal maneuvering room. In small businesses, not-for-profit the draws of the Jefferson Street bridge addition, the Des Plaines River regularly organizations that are independently on the Des Plaines River in the vicinity has significant current in this area. owned and operated and are not of Joliet, Illinois. If you do so, please In order to prevent future allisions, a dominant in their fields, and include your name and address, identify regulated navigation area (RNA) is being governmental jurisdictions with the docket number for this rulemaking established from the Ruby Street Bridge populations of less than 50,000. (CGD09–03–214), indicate the specific to the McDonough Street Bridge in The Coast Guard certifies under 5 section of this document to which each which southbound tows in a 3 by 5 U.S.C. 605(b) that this rule will not have comment applies, and give the reason configuration must use an assist tug. a significant economic impact on a for each comment. Please submit all This RNA is being established until an substantial number of small entities. comments and related material in an adequate protection cell is constructed This rule will affect the following unbound format, no larger than 81⁄2 by around the bridge pier. entities, some of which may be small 11 inches, suitable for copying. If you entities: The operators of southbound Discussion of Rule would like to know they reached us, tows, in a 3 by 5 configuration, please enclose a stamped, self-addressed Southbound tows greater than 89 feet intending to transit through the RNA. postcard or envelope. We will consider in overall width and more than 800 feet This RNA will not have a significant all comments and material received in length must use an assist tug when economic impact on a substantial during the comment period. We may transiting through the RNA. This RNA number of small entities because this change this proposed rule in view of encompasses the Des Plaines River from rule will only remain in effect until a them. mile 288.7 (the Ruby Street Bridge), to protection cell can be erected or until mile 287.3 (the McDonough Street other recommendations are provided Public Meeting Bridge). Deviation from this rule is which reduce the risk of allisions with prohibited unless specifically the Jefferson Street Bridge. We do not now plan to hold a public If you think that your business, authorized by the Commander, Ninth meeting. But you may submit a request organization, or governmental Coast Guard District or his designated for a meeting by writing to Marine jurisdiction qualifies as a small entity representative. His designated Safety Office Chicago at the address and that this rule would have a representative is the Captain of the Port under ADDRESSES explaining why one significant economic impact on it, Chicago. would be beneficial. If we determine please submit a comment (see that one would aid this rulemaking, we Regulatory Evaluation ADDRESSES) explaining why you think it will hold one at a time and place qualifies and how and to what degree announced by a later notice in the This rule is not a ‘‘significant this rule would economically affect it. Federal Register. regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Assistance for Small Entities Regulatory Information Planning and Review, and does not Under subsection 213(a) of the Small require an assessment of potential costs We did not publish a notice of Business Regulatory Enforcement and benefits under section 6(a)(3) of that Fairness Act of 1996 (Public Law 104– proposed rulemaking (NPRM) for this Order. The Office of Management and regulation. Under 5 U.S.C. 553(b)(B), the 121), we offered to assist small entities Budget has not reviewed it under that in understanding the rule so that they Coast Guard finds that good cause exists Order. It is not ‘‘significant’’ under the for not publishing an NPRM, and under can better evaluate its effects on them regulatory policies and procedures of and participate in the rulemaking 5 U.S.C. 553(d)(3), good cause exists for the Department of Homeland Security. process. Small businesses may send making this rule effective less than 30 The operational reporting requirements comments on the actions of Federal days after publication in the Federal of the RNA are minimal and necessary employees who enforce, or otherwise Register. On May 2, 2003, a tow allided to provide immediate, improved determine compliance with, Federal with the pier of the Jefferson Street security for the public, vessels, and U.S. regulations to the Small Business and Bridge which resulted in substantial ports and waterways. The requirements Agriculture Regulatory Enforcement damage to the bridge structure. As a do not alter normal barge cargo loading Ombudsman and the Regional Small result, it is estimated that the bridge will operations or transits. Additionally, this Business Regulatory Fairness Boards. be inoperable for 4 to 6 months while rule is temporary in nature and the The Ombudsman evaluates these repairs are made. The Captain of the Coast Guard may issue a NPRM as it actions annually and rates each agency’s Port Chicago believes that immediate considers whether to make this rule responsiveness to small business. If you action is necessary to help prevent any permanent. The minimal hardships that wish to comment on actions by future allisions with the pier. Further, may be experienced by persons or employees of the Coast Guard, call 1– additional allisions might result in total vessels are necessary to the national 888–REG–FAIR (1–888–734–3247). structural failure, closure of the river for interest in protecting the public, vessels, a period of time as a result of an and vessel crews from the devastating Collection of Information allision, and the possible loss of life as consequences of acts of terrorism, and This rule calls for no new collection a result of another allision. from sabotage or other subversive acts, of information under the Paperwork

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Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects Navigation Area (RNA): All portions of 3520). We have analyzed this rule under the Des Plaines River between mile 287.3 (McDonough St. Bridge) and mile Federalism Executive Order 13211, Actions Concerning Regulations That 288.7 (Ruby Street Bridge). A rule has implications for federalism Significantly Affect Energy Supply, (b) Applicability. This section applies under Executive Order 13132, Distribution, or Use. We have to operators of all southbound tows Federalism, if it has a substantial direct determined that it is not a ‘‘significant transiting beneath the Jefferson Street effect on State or local governments and energy action’’ under that order because Bridge (mile 287.9), Joliet, Illinois with would either preempt State law or it is not a ‘‘significant regulatory action’’ barge configurations of over 89 feet in impose a substantial direct cost of under Executive Order 12866 and is not overall width and more than 800 feet in compliance on them. We have analyzed likely to have a significant adverse effect length. this rule under that Order and have on the supply, distribution, or use of (c) Regulations. (1) All southbound determined that it does not have energy. The Administrator of the Office tows to which this section applies must implications for federalism. of Information and Regulatory Affairs use an assist tug when transiting has not designated it as a significant through the RNA. Unfunded Mandates Reform Act energy action. Therefore, it does not (2) The general regulations contained in 33 CFR 165.13 apply to this section. The Unfunded Mandates Reform Act require a Statement of Energy Effects under Executive Order 13211. (3) Deviation from this section is of 1995 (2 U.S.C. 1531–1538) requires prohibited unless specifically Federal agencies to assess the effects of Environment authorized by the Commander, Ninth their discretionary regulatory actions. In Coast Guard District or his designated particular, the Act addresses actions We have analyzed this rule under Commandant Instruction M16475.1D, representatives. Designated that may result in the expenditure by a which guides the Coast Guard in representatives include the Captain of State, local, or tribal government, in the complying with the National the Port Chicago. aggregate, or by the private sector of Environmental Policy Act of 1969 $100,000,000 or more in any one year. Dated: May 9, 2003. (NEPA) (42 U.S.C. 4321–4370f), and Though this rule will not result in such Ronald F. Silva, have concluded that there are no factors an expenditure, we do discuss the Rear Admiral, Coast Guard, Commander, in this case that would limit the use of effects of this rule elsewhere in this Ninth Coast Guard District. categorical exclusion under section preamble. [FR Doc. 03–12687 Filed 5–20–03; 8:45 am] 2.B.2 of the Instruction. Therefore, this BILLING CODE 4910–15–P Taking of Private Property rule is categorically excluded, under figure 2–1 paragraph (34)(g), of the This rule will not effect a taking of instruction, from further environmental private property or otherwise have ENVIRONMENTAL PROTECTION documentation because this rule is not AGENCY taking implications under Executive expected to result in any significant Order 12630, Governmental Actions and environmental impact as described in 40 CFR Part 180 Interference with Constitutionally NEPA. A final ‘‘Environmental Analysis Protected Property Rights. Check List’’ and a final ‘‘Categorical [OPP–2003–0163; FRL–7306–1] Exclusion Determination’’ are available Civil Justice Reform Pyraflufen-ethyl; Pesticide Tolerance in the docket where indicated under This rule meets applicable standards ADDRESSES. AGENCY: Environmental Protection in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165 Agency (EPA). Order 12988, Civil Justice Reform, to ACTION: Final rule. minimize litigation, eliminate Harbors, Marine safety, Navigation ambiguity, and reduce burden. (water), Reporting and recordkeeping SUMMARY: This regulation establishes a requirements, Security measures, tolerance for combined residues of Protection of Children Vessels, Waterways. pyraflufen-ethyl in or on cotton. We have analyzed this rule under ■ For the reasons discussed in the Nichino America Incorporated Executive Order 13045, Protection of preamble, the Coast Guard amends 33 requested this tolerance under the Children from Environmental Health CFR part 165 as follows: Federal Food, Drug, and Cosmetic Act Risks and Safety Risks. This rule is not (FFDCA), as amended by the Food an economically significant rule and PART 165—REGULATED NAVIGATION Quality Protection Act of 1996 (FQPA). does not create an environmental risk to AREAS AND LIMITED ACCESS AREAS DATES: This regulation is effective May health or risk to safety that may ■ 1. The authority citation for part 165 21, 2003. Objections and requests for disproportionately affect children. continues to read as follows: hearings, identified by docket ID number OPP–2003–0163, must be Indian Tribal Governments Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; received on or before July 21, 2003. This rule does not have tribal Department of Homeland Security Delegation ADDRESSES: Written objections and implications under Executive Order No. 0170. hearing requests may be submitted electronically, by mail, or through hand 13175, Consultation and Coordination ■ 2. From 8 a.m. on May 11, 2003 delivery/courier. Follow the detailed with Indian Tribal Governments, through 8 p.m. on November 15, 2003 instructions as provided in Unit VI. of because it does not have a substantial add temporary § 165.T09–214 to read as the SUPPLEMENTARY INFORMATION. direct effect on one or more Indian follows: tribes, on the relationship between the FOR FURTHER INFORMATION CONTACT: Federal Government and Indian tribes, § 165.T09–214 Regulated Navigation Area; Joanne I. Miller, Registration Division or on the distribution of power and Des Plaines River, Joliet, Illinois (7505C), Office of Pesticide Programs, responsibilities between the Federal (a) Regulated navigation area. The Environmental Protection Agency, 1200 Government and Indian tribes. following waters are a Regulated Pennsylvania Ave., NW., Washington,

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DC 20460–0001; telephone number: http://www.epa.gov/fedrgstr/. A defines ‘‘safe’’ to mean that ‘‘there is a (703) 305–6224; e-mail address: frequently updated electronic version of reasonable certainty that no harm will [email protected]. 40 CFR part 180 is available at http:// result from aggregate exposure to the SUPPLEMENTARY INFORMATION: www.access.gpo.gov/nara/cfr/ pesticide chemical residue, including cfrhtml_00/Title_40/40cfr180_00.html, a all anticipated dietary exposures and all I. General Information beta site currently under development. other exposures for which there is A. Does this Action Apply to Me? To access the OPPTS Harmonized reliable information.’’ This includes Guidelines referenced in this document, exposure through drinking water and in You may be potentially affected by go directly to the guidelines at http:// residential settings, but does not include this action if you an agricultural www.epa.gov/opptsfrs/home/ occupational exposure. Section producer, food manufacturer, or guidelin.htm. 408(b)(2)(C) of the FFDCA requires EPA pesticide manufacturer. Potentially An electronic version of the public to give special consideration to affected entities may include, but are docket is available through EPA’s exposure of infants and children to the not limited to: electronic public docket and comment pesticide chemical residue in • Crop production (NAICS 111) system, EPA Dockets. You may use EPA establishing a tolerance and to ‘‘ensure • Animal production (NAICS 112) Dockets at http://www.epa.gov/edocket/ that there is a reasonable certainty that • Food manufacturing (NAICS 311) to submit or view public comments, • no harm will result to infants and Pesticide manufacturing (NAICS access the index listing of the contents children from aggregate exposure to the 32532) of the official public docket, and to pesticide chemical residue....’’ This listing is not intended to be access those documents in the public exhaustive, but rather provides a guide EPA performs a number of analyses to docket that are available electronically. determine the risks from aggregate for readers regarding entities likely to be Although not all docket materials may affected by this action. Other types of exposure to pesticide residues. For be available electronically, you may still further discussion of the regulatory entities not listed in this unit could also access any of the publicly available be affected. The North American requirements of section 408 of the docket materials through the docket FFDCA and a complete description of Industrial Classification System facility identified in Unit I.B.1. Once in (NAICS) codes have been provided to the risk assessment process, see the final the system, select ‘‘search,’’ then key in rule on Bifenthrin Pesticide Tolerances assist you and others in determining the appropriate docket ID number. whether this action might apply to November 26, 1997) (62 FR 62961) certain entities. If you have any II. Background and Statutory Findings (FRL–5754–7). questions regarding the applicability of In the Federal Register of November III. Aggregate Risk Assessment and this action to a particular entity, consult 20, 2002 (67 FR 70073) (FRL–7184–7), Determination of Safety the person listed under FOR FURTHER EPA issued a notice pursuant to section INFORMATION CONTACT. 408 of FFDCA, 21 U.S.C. 346a, as Consistent with section 408(b)(2)(D) amended by FQPA (Public Law 104– of the FFDCA, EPA has reviewed the B. How Can I Get Copies of this 170), announcing the filing of a available scientific data and other Document and Other Related pesticide petition (1F6428) by Nichino relevant information in support of this Information? America Incorporated, 4550 New action. EPA has sufficient data to assess 1. Docket. EPA has established an Linden Hill Road, Suite 501, the hazards of and to make a official public docket for this action Wilmington, DE 19808. That notice determination on aggregate exposure, under docket identification ID number included a summary of the petition consistent with section 408(b)(2) of the OPP–2003–0163. The official public prepared by Nichino America FFDCA, for tolerances for residues of docket consists of the documents Incorporated, the registrant. There were pyraflufen-ethyl on cotton undelinted specifically referenced in this action, no comments received in response to seed at 0.04 ppm and cotton gin any public comments received, and the notice of filing. byproduct at 1.5 ppm. EPA’s assessment other information related to this action. The petition requested that 40 CFR of exposures and risks associated with Although a part of the official docket, 180.585 be amended by establishing establishing the tolerance follows. the public docket does not include tolerances for combined residues of the A. Toxicological Profile Confidential Business Information (CBI) herbicide pyraflufen-ethyl (ethyl 2- or other information whose disclosure is chloro-5-(4-chloro-5-difluoromethoxy-1- EPA has evaluated the available restricted by statute. The official public methyl-1H-pyrazol-3-yl)-4- toxicity data and considered its validity, docket is the collection of materials that fluorophenoxyacetate) and its acid completeness, and reliability as well as is available for public viewing at the metabolite, E-1 (2-chloro-5-(4-chloro-5- the relationship of the results of the Public Information and Records difluoromethoxy-1-methyl-1H-pyrazol- studies to human risk. EPA has also Integrity Branch (PIRIB), Rm. 119, 3-yl)-4-fluorophenoxyacetic acid), considered available information Crystal Mall #2, 1921 Jefferson Davis expressed as the ester equivalent in or concerning the variability of the Hwy., Arlington, VA. This docket on cotton undelinted seed at 0.05 parts sensitivities of major identifiable facility is open from 8:30 a.m. to 4 p.m., per million (ppm) and cotton gin subgroups of consumers, including Monday through Friday, excluding legal byproduct at 1.5 ppm. infants and children. The nature of the holidays. The docket telephone number Section 408(b)(2)(A)(i) of the FFDCA toxic effects caused by pyraflufen-ethyl is (703) 305–5805. allows EPA to establish a tolerance (the are discussed in Table 1 of this unit as 2. Electronic access. You may access legal limit for a pesticide chemical well as the no observed adverse effect this Federal Register document residue in or on a food) only if EPA level (NOAEL) and the lowest observed electronically through the EPA Internet determines that the tolerance is ‘‘safe.’’ adverse effect level (LOAEL) from the under the ‘‘Federal Register’’ listings at Section 408(b)(2)(A)(ii) of the FFDCA toxicity studies reviewed.

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY

Guideline No. Study Type Results

870.3100 90–day oral toxicity in rats NOAEL = 5,000 parts per million (ppm) (456–499 milligrams/kilograms/day (mg/kg/day)). LOAEL = 15,000 ppm (1,489–1,503 mg/kg/day) based on clinical signs, death, effects on erythrocytes, changes in clinical chemicals for liver function and splenomegaly.

870.3150 90–day oral toxicity in dogs NOAEL = 1,000 mg/kg/day. LOAEL not established, no effects observed.

870.3200 28–Day dermal toxicity in rats NOAEL = 1,000 mg/kg/day. LOAEL not established; no effects observed.

870.3700 Prenatal developmental in Maternal NOAEL ≥ 1,000 mg/kg/day rats Maternal LOAEL not determined; no effects observed. Developmental NOAEL ≥ 1,000 mg/kg/day. Developmental LOAEL not determined; no effects observed.

870.3700 Prenatal developmental in Maternal NOAEL = 20 mg/kg/day. rabbits Maternal LOAEL= 60 mg/kg/day based on mortality. Developmental = 60 mg/kg/day. Developmental LOAEL = 150 mg/kg/day based on increased incidence of abortion.

870.3800 Reproduction and fertility Parental NOAEL = 1,000 ppm (70.8–82.3 mg/kg/day (M); effects 80.1–91.2 (F). Parental LOAEL = 10,000 ppm (721–844 and 813–901 mg/ kg/day) based on decreased body weight (bwt) and bwt gains of F0 and F1(M) and F1(F), gross and microscopic liver lesions of (M) and (F)-both generations. Reproductive NOAEL ≥ 10,000 ppm (721–844 and 813–901 mg/kg/day). Reproductive LOAEL not determined; no effects observed. Offspring NOAEL = 1,000 ppm (70.8–82.3 mg/kg/day (M); 80.1–91.2 (F). Offspring LOAEL = 10,000 ppm (721–844 and 813–901 mg/ kg/day) based on decreased bwt and bwt gains of the F1 and F2 pups. 870.4100 Chronic toxicity in dogs NOAEL ≥ 1,000 mg/kg/day. LOAEL not determined; no effects observed.

870.4200 Carcinogenicity in mice NOAEL = 200 ppm (20.99 mg/kg/day (M); 19.58 mg/kg/day (F). LOAEL = 1,000 ppm (109.7 mg/kg/day (M); 98.3 mg/kg/day (F) based on liver toxicity, hepatocellular tumors at 5,000 ppm; possibly hemangioma/ hemangioasarcomas.

870.4300 Chronic toxicity in rodents/car- NOAEL = 2,000 ppm (86.7 mg/kg/day (M); 111.5 mg/kg/day cinogenicity in rats (F). LOAEL = 10,000 ppm (468.1 mg/kg/day (M); 578.5 mg/kg/ day (F) based on decreased bwt and bwt gain in males and microcytic anemia, liver lesions and kidney toxicity (both sexes); possible increase pheochromocytomas in females.

870.5100 Gene nutation Non-mutagenic when tested up to 5,000 µg/plate, in presence and absence of metabolic activation (S9-mix), in S. typhimurium strains TA98, TA100, TA1535, TA1537 and TA1538 and E.coli strain WP2(uvrA). There was no evidence of induced mutant colonies over background.

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline No. Study Type Results 870.5300 Gene mutation In mammalian cell gene mutation assays at the TK locus, L5178Y mouse lymphoma cells cultured in vitro were exposed to pyraflufen-ethyl in dimethylsulfoxide (DMOS) in the absence of mammalian metabolic activation (S9-mix) and with S9-mix. Concentrations 160 µg/mL were insol- uble; cytotoxicity was seen at 80 µg/mL -S9 and 160 µg/ mL +S9. There was no increase in the number of mutant colonies over background in the absence of S9-mix but a non-reproducible dose-related increase in the number of mutant colonies was seen in the presence of S9-mix. In mammalian cell gene mutation assays at the TK locus, L5178Y mouse lymphoma cells cultured in vitro were exposed to pyraflufen-ethyl in DMSO in the absence of mammalian metabolic activation (S9-mix) and with S9- mix. There was no evidence of induced mutant colonies over background up to cytotoxic concentrations (50 µg/ mL-S9; and 350 µg/mL +S9.

870.5375 Chromosomal aberration In a mammalian cell cytogenetics assay, human primary lymphocyte cultures were exposed to pyraflufen-ethyl in DMSO without metabolic activation (S9-mix) or with S9- mix. Compound precipitation occurred at 2,600 µg/mL +/- S9. There was no evidence of chromosomal aberration induction over background.

870.5395 Cytogenetics In a CD-1 mouse bone marrow micronucleus assay, five mice/sex/dose/harvest time were treated via oral gavage with pyraflufen-ethyl in corn oil. ET-751 was tested to the limit (LTD) dose of 5,000 mg/kg bwt. Signs of compound toxicity were limited to piloerection, hunched posture in one female, and piloerection and hunched posture in one male receiving 5,000 mg/kg. No bone marrow cytotoxicity was seen at any dose. There was no statistically significant increase in the frequency of micronucleated poly- chromatic erythrocytes in bone marrow after any dose or treatment time.

870.5500 Bacillus subtilis In a differential killing/growth inhibition assay in bacteria, strains H17 (rec+) and M45 (rec-) of B. subtilis were exposed to pyraflufen-ethyl in DMSO in the presence and absence of metabolic activation (S9-mix). There was no evidence of greater growth inhibition or cell killing in repair-defective strains compared to repair competent strains up to the limit of test material solubility.

870.5550 Unscheduled DNA synthesis In an in vivo/in vitro UDS assay in rat hepatocytes, (UDS) pyraflufen-ethyl was administered to five SPF outbred al- bino Hsd/Ola Sprague-Dawley male rats per test group by oral gavage (four of the five rats were used for hepatocyte culture). No signs of overt toxicity to the test animals or cytotoxic effects to the target cells were seen up to the LTD (2,000 mg/kg). The mean net nuclear grain count was below zero for both doses at both treatment times indicating no induction of UDS as tested in this study.

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline No. Study Type Results 870.7485 Metabolism and pharmaco- Pyraflufen-ethyl was readily absorbed and excreted within kinetics 96 hours following a single or repeated oral dose of 5 mg/ kg (plasma t1/2 of 3–3.5 hours). However, at a dose of 500 mg/kg, absorption was saturated as indicated by Cmax values which did not reflect the 100-fold dose differential (2.7–2.8 Fg eq/g for the low-dose group and 100–107 Fg eq-hr/g for the high-dose group). Following single or multiple oral low doses (5 mg/kg) of pyraflufen ethyl, urinary excretion accounted for 27–33% of the administered radioactivity suggesting that a multiple exposure regimen did not affect the absorption/excretion processes. Urinary excretion was reduced to only 5–7% following a single 500 mg/kg dose. Excretion via the feces accounted for the remainder of the administered radioactivity in all treatment groups. Analysis of biliary excretion following a single 5 mg/kg dose showed that 36% of the administered dose appeared in the bile. Based upon the excretion data, total bioavailability of a low dose was approximately 56%. Biliary excretion data were not available for a high-dose group which prevented a definitive assessment of bioavailability. Excretory patterns did not exhibit gender-related variability. However, plasma and blood clearance was more rapid in females than in males as shown by plasma/blood radioactivity time-course and the greater AUC values for males (32.3 vs 18.4 Fg eq-hr/ g for the low-dose group and 2,738 vs 1,401 Fg eq-hr/g for the high-dose group). Radioactivity concentrations indicated tissue concentrations at or near detection limits (generally <0.01 Fg eq/g and never exceeding 0.02 Fg eq/g) at 96 hrs postdose for any tissues. Therefore, neither pyraflufen-ethyl nor its metabolites appear to undergo significant sequestration. Tissue burden data following compound administration did not suggest a specific target beyond those tissues, namely liver and kidney, which are associated with absorption and elimination of orally administered xenobiotics.

B. Toxicological Endpoints calculate an acute or chronic reference carcinogenic risk. The Q* approach dose (aRfD or cRfD) where the RfD is assumes that any amount of exposure The dose at which no observed equal to the NOAEL divided by the will lead to some degree of cancer risk. adverse effects levels are (the NOAEL) appropriate UF (RfD = NOAEL/UF). from the toxicology study identified as A Q* is calculated and used to estimate Where an additional safety factor (SF) is risk which represents a probability of appropriate for use in risk assessment is retained due to concerns unique to the used to estimate the toxicological level occurrence of additional cancer cases FQPA, this additional factor is applied -6 of concern (LOC). However, the lowest (e.g., risk is expressed as 1 x 10 or one to the RfD by dividing the RfD by such in a million). Under certain specific dose at which observed adverse effects additional factor. The acute or chronic of levels concern are identified (the circumstances, MOE calculations will Population Adjusted Dose (aPAD or be used for the carcinogenic risk LOAEL) is sometimes used for risk cPAD) is a modification of the RfD to assessment if no NOAEL was achieved assessment. In this non-linear approach, accommodate this type of FQPA SF. a ‘‘point of departure’’ is identified in the toxicology study selected. An For non-dietary risk assessments uncertainty factor (UF) is applied to (other than cancer) the UF is used to below which carcinogenic effects are reflect uncertainties inherent in the determine the LOC. For example, when not expected. The point of departure is extrapolation from laboratory animal 100 is the appropriate UF (10X to typically a NOAEL based on an data to humans and in the variations in account for interspecies differences and endpoint related to cancer effects sensitivity among members of the 10X for intraspecies differences) the though it may be a different value human population as well as other LOC is 100. To estimate risk, a ratio of derived from the dose response curve. unknowns. An UF of 100 is routinely the NOAEL to exposures (margin of To estimate risk, a ratio of the point of used, 10X to account for interspecies exposure (MOE) = NOAEL/exposure) is departure to exposure (MOEcancer = point differences and 10X for intraspecies calculated and compared to the LOC. of departure/exposures) is calculated. A differences. The linear default risk methodology summary of the toxicological endpoints For dietary risk assessment (other (Q*) is the primary method currently for pyraflufen-ethyl used for human risk than cancer) the Agency uses the UF to used by the Agency to quantify assessment is shown in Table 2:

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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PYRAFLUFEN-ETHYL FOR USE IN HUMAN RISK ASSESSMENT

Hazard Based Special Exposure Scenario Dose (mg/kg/day) UF/MOE FQPA Safety Factor Endpoint for Risk Assessment

Dietary Risk Assessments

Acute dietary Not applicable Not applicable No adverse effect attributable to a single exposure (dose) was observed in oral toxicity studies, including the developmental toxicity studies in rats and rabbits.

Chronic dietary NOAEL= 20 1X Mouse carcinogenicity. UF = 100 LOAEL = 98 mg/kg/day based on liver toxicity. Chronic RfD = 0.20 mg/kg/ day

Incidental oral short-term (1–30 NOAEL= 20 1X Developmental toxicity-rabbit. days) residential only UF = 100 LOAEL = 60 mg/kg/day based on decreases in MOE=100 body weight and food consumption, GI observations, and abortions.

Incidental oral intermediate-term NOAEL= 20 1X Mouse carcinogenicity. (1–6 months) residential only UF = 100 LOAEL = 98 mg/kg/day based on liver toxicity MOE=100 at interim sacrifice.

Non-Dietary Risk Assessments

Dermal short-term and inter- Not applicable Not applicable In a 28-dermal toxicity study in rats, no dermal mediate-term or systemic toxicity was seen at the LTD (1,000 mg/kg/day). The physical and chemical characteristics (e.g., Kow is low) indicate that dermal absorption is not expected to occur to any appreciable extent. There is no concern for prenatal and/or postnatal toxicity. Therefore, no hazard was identified and quantification of dermal risk is not required.

Residential MOE = not applicable Not applicable

Occupational MOE = not applicable Not applicable

Inhalation1 short-term (1–30 Oral NOAEL= 20 1X Developmental toxicity-rabbit. days) LOAEL = 60 mg/kg/day based on decreases in bwt and food consumption, GI observations, and abortions.

Residential MOE = 100

Occupational MOE= 100

Inhalation1 intermediate-term Oral NOAEL= 20 1X Mouse carcinogenicity. (1–6 months) LOAEL = 98 mg/kg/day based on liver toxicity at interim sacrifice.

Residential MOE = 100

Occupational MOE= 100

Inhalation1 long-term (< 6 Oral NOAEL= 20 1X Mouse carcinogenicity. months) LOAEL = 98 mg/kg/day based on liver toxicity.

Residential MOE =100

Occupational MOE= 100

-2 -1 Cancer Classification: ‘‘Likely to be Carcinogenic to Humans’’ by the oral route Q1* = 3.32 x 10 (mg/kg/day) 1-Oral endpoints were selected because inhalation studies were unavailable. Absorption via the inhalation route is presumed to be equivalent to oral absorption. * The reference to the FQPA SF refers to any additional SF retained due to concerns unique to the FQPA.

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-1 C. Exposure Assessment the Q1* of 0.0332 (mg/kg/day) to the limits on a pesticide’s concentration in 1. Dietary exposure from food and exposure value results in a cancer risk drinking water in light of total aggregate -7 feed uses. Tolerances have been estimate of 6.6 x 10 . Therefore, the exposure to a pesticide in food, and established (40 CFR 180.585) for the lifetime cancer risk to the U.S. from residential uses. Since DWLOCs combined residues of pyraflufen-ethyl population is below EPA’s level of address total aggregate exposure to (ethyl 2-chloro-5-(4-chloro-5- concern. pyraflufen-ethyl they are further 2. Dietary exposure from drinking difluoromethoxy-1-methyl-1H-pyrazol- discussed in the aggregate risk sections water. The Agency lacks sufficient 3-yl)-4-fluorophenoxyacetate) and its below. monitoring exposure data to complete a acid metabolite, E-1 (2-chloro-5-(4- Based on the FIRST and SCI-GROW comprehensive dietary exposure chloro-5-difluoromethoxy-1-methyl-1H- models the EECs of pyraflufen-ethyl for analysis and risk assessment for pyrazol-3-yl)-4-fluorophenoxyacetic acute exposures are estimated to be 1.25 pyraflufen-ethyl in drinking water. acid), expressed as the ester equivalent parts per billion (ppb) for surface water Because the Agency does not have in or on a variety of raw agricultural and 0.002 ppb for ground water. The comprehensive monitoring data, commodities. Risk assessments were EECs for chronic exposures are drinking water concentration estimates estimated to be 0.28 ppb for surface conducted by EPA to assess dietary are made by reliance on simulation or exposures from pyraflufen-ethyl in food water and 0.002 ppb for ground water. modeling taking into account data on 3. From non-dietary exposure. The as follows: the chemical and physical i. Acute exposure. Acute dietary risk term ‘‘residential exposure’’ is used in characteristics of pyraflufen-ethyl. this document to refer to non- assessments are performed for a food- The Agency uses the First Index use pesticide if a toxicological study has occupational, non-dietary exposure Reservoir Screening Tool (FIRST) or the (e.g., for lawn and garden pest control, indicated the possibility of an effect of Pesticide Root Zone/Exposure Analysis concern occurring as a result of a 1–day indoor pest control, termiticides, and Modeling System (PRZM/EXAMS), to flea and tick control on pets). or single exposure. No adverse effect produce estimates of pesticide Pyraflufen-ethyl is currently attributable to a single exposure (dose) concentrations in an index reservoir. registered for use on the following of pyraflufen-ethyl was observed in the The Screening Concentration in Ground residential non-dietary sites: Airports, oral toxicity studies, including the Water (SCI-GROW) model is used to nurseries, ornamental turf, golf courses, developmental toxicity studies in rats predict pesticide concentrations in roadsides, and railroads. The risk and rabbits. Therefore, EPA did not shallow ground water. For a screening- assessment was conducted using the identify an acute dietary endpoint and level assessment for surface water EPA an acute dietary assessment was not will use FIRST (a tier 1 model) before following residential exposure performed because no acute risk is using PRZM/EXAMS (a tier 2 model). assumptions: adults and children may expected. The FIRST model is a subset of the be exposed to residues of pyraflufen- ii. Chronic exposure. In conducting PRZM/EXAMS model that uses a ethyl through postapplication contact this chronic dietary risk assessment the specific high-end runoff scenario for with treated areas which may include Dietary Exposure Evaluation Model pesticides. While both FIRST and residential/recreational areas. (DEEMTM) analysis evaluated the PRZM/EXAMS incorporate an index 4. Cumulative exposure to substances individual food consumption as reservoir environment, the PRZM/ with a common mechanism of toxicity. reported by respondents in the United EXAMS model includes a PCT crop area Section 408(b)(2)(D)(v) of the FFDCA State Department of Agriculture (USDA) factor as an adjustment to account for requires that, when considering whether nationwide Continuing Surveys of Food the maximum PCT crop coverage within to establish, modify, or revoke a Intake by Individuals (CSFII) 1989–1992 a watershed or drainage basin. tolerance, the Agency consider and accumulated exposure to the None of these models include ‘‘available information’’ concerning the chemical for each commodity. The consideration of the impact processing cumulative effects of a particular following assumptions were made for (mixing, dilution, or treatment) of raw pesticide’s residues and ‘‘other the chronic exposure assessments: water for distribution as drinking water substances that have a common 100% crop treated (PCT) and tolerance- would likely have on the removal of mechanism of toxicity.’’ level residues for pyraflufen-ethyl on all pesticides from the source water. The EPA does not have, at this time, treated crops. This assessment was Tier primary use of these models by the available data to determine whether I analysis. The exposure from Agency at this stage is to provide a pyraflufen-ethyl has a common pyraflufen-ethyl residues in food coarse screen for sorting out pesticides mechanism of toxicity with other occupies less than 1% of the chronic for which it is highly unlikely that substances or how to include this population adjusted dose (cPAD) for all drinking water concentrations would pesticide in a cumulative risk population subgroups and is not a ever exceed human health levels of assessment. Unlike other pesticides for concern. concern. which EPA has followed a cumulative iii. Cancer. The cancer dietary Since the models used are considered risk approach based on a common exposure assessment was conducted to be screening tools in the risk mechanism of toxicity, pyraflufen-ethyl using the DEEM analysis evaluated the assessment process, the Agency does does not appear to produce a toxic individual food consumption as not use estimated environmental metabolite produced by other reported by respondents in the USDA concentrations (EECs) from these substances. For the purposes of this nationwide CSFII 1989–1992 and models to quantify drinking water tolerance action, therefore, EPA has not accumulated exposure to the chemical exposure and risk as a percent referance assumed that pyraflufen-ethyl has a for each commodity. The following dose (%RfD) or percent population common mechanism of toxicity with assumptions were made for the cancer adjusted dose (%PAD). Instead, other substances. For information assessments: 100% PCT and tolerance- drinking water levels of comparison regarding EPA’s efforts to determine level residues for pyraflufen-ethyl on all (DWLOCs) are calculated and used as a which chemicals have a common treated crops. The estimated exposure to point of comparison against the model mechanism of toxicity and to evaluate the U.S. population (total) to pyraflufen- estimates of a pesticide’s concentration the cumulative effects of such ethyl is 2 x 10-5 mg/kg/day. Applying in water. DWLOCs are theoretical upper chemicals, see the final rule for

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Bifenthrin Pesticide Tolerances (62 FR the developmental studies with Different populations will have different 62961, November 26, 1997). pyraflufen-ethyl; there is no evidence of DWLOCs. Generally, a DWLOC is increased susceptibility of young rats in calculated for each type of risk D. Safety Factor for Infants and the reproduction study with pyraflufen- assessment used: Acute, short-term, Children ethyl; there are no residual uncertainties intermediate-term, chronic, and cancer. 1. In general. Section 408 of the identified in the exposure databases; the When EECs for surface water and FFDCA provides that EPA shall apply dietary food exposure assessment is ground water are less than the an additional tenfold margin of safety expected to be conservative, tolerance- calculated DWLOCs, EPA concludes (MOS) for infants and children in the level residues and 100% crop treated with reasonable certainty that exposures case of threshold effects to account for information were used; and dietary to the pesticide in drinking water (when prenatal and postnatal toxicity and the drinking water exposure is based on considered along with other sources of completeness of the database on toxicity conservative modeling estimates. exposure for which EPA has reliable and exposure unless EPA determines data) would not result in unacceptable E. Aggregate Risks and Determination of that a different MOS will be safe for levels of aggregate human health risk at Safety infants and children. MOS are this time. Because EPA considers the incorporated into EPA risk assessments To estimate total aggregate exposure aggregate risk resulting from multiple either directly through use of a MOE to a pesticide from food, drinking water, exposure pathways associated with a analysis or through using uncertainty and residential uses, the Agency pesticide’s uses, levels of comparison in (safety) factors in calculating a dose calculates DWLOCs which are used as a drinking water may vary as those uses level that poses no appreciable risk to point of comparison against the model change. If new uses are added in the humans. estimates of a pesticide’s concentration future, EPA will reassess the potential 2. Prenatal and postnatal sensitivity. in water (EECs). DWLOC values are not impacts of residues of the pesticide in There is no evidence of increased regulatory standards for drinking water. drinking water as a part of the aggregate susceptibility of rat or rabbit fetuses DWLOCs are theoretical upper limits on risk assessment process. following in utero exposure in the a pesticide’s concentration in drinking 1. Acute risk. No adverse effect developmental studies with pyraflufen- water in light of total aggregate exposure attributable to a single exposure (dose) ethyl. There is no evidence of increased to a pesticide in food and residential of pyraflufen-ethyl was observed in the susceptibility of young rats in the uses. In calculating a DWLOC, the oral toxicity studies, including the reproduction study with pyraflufen- Agency determines how much of the developmental toxicity studies in rats ethyl. EPA concluded there are no acceptable exposure (i.e., the PAD) is and rabbits. Therefore, an acute RfD was residual uncertainties for prenatal and/ available for exposure through drinking not established and no acute risk is or postnatal exposure. water e.g., allowable chronic water expected. 3. Conclusion. There is a complete exposure (mg/kg/day) = cPAD - (average 2. Chronic risk. Using the exposure toxicity database for pyraflufen-ethyl food + residential exposure). This assumptions described in this unit for and exposure data are complete or are allowable exposure through drinking chronic exposure, EPA has concluded estimated based on data that reasonably water is used to calculate a DWLOC. that exposure to pyraflufen-ethyl from accounts for potential exposures. The A DWLOC will vary depending on the food will utilize <1% of the cPAD for field trial data on cotton, while some of toxic endpoint, drinking water the U.S. population and <1% of the which may be limited in geographic consumption, and bwts. Default bwts cPAD for children (1–6 years). Based on representation or lack of early season and consumption values as used by the the use pattern, chronic residential application, indicate that residues of United States Environmental Protection exposure to residues of pyraflufen-ethyl pyraflufen-ethyl are expected to be Agency Office of Water are used to is not expected. In addition, there is finite. EPA determined that the 10X SF calculate DWLOCs: 2 liter (L)/70 kg potential for chronic dietary exposure to to protect infants and children should (adult male), 2L/60 kg (adult female), pyraflufen-ethyl in drinking water. After be removed and instead, a different and 1L/10 kg (child). Default bwts and calculating DWLOCs and comparing additional safety factor of 1X should be drinking water consumption values vary them to the EECs for surface and ground used. The FQPA factor is removed on an individual basis. This variation water, EPA does not expect the because: There is no evidence of will be taken into account in more aggregate exposure to exceed 100% of increased susceptibility of rat or rabbit refined screening-level and quantitative the cPAD, as shown in the following fetuses following in utero exposure in drinking water exposure assessments. Table 3:

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON- CANCER) EXPOSURE TO PYRAFLUFEN-ETHYL

Ground Chronic cPAD mg/kg/ % cPAD Surface 1 Water EEC DWLOC Population Subgroup day (Food) Water EEC (ppb)2 (ppb)2 (ppb)3

U.S population 0.20 <1 0.28 0.002 7,000 Males (20+ years old) 0.20 <1 0.28 0.002 7,000 Females (13–50 years old) 0.20 <1 0.28 0.002 6,000 Children (1–6 years old) 0.20 <1 0.28 0.002 2,000 Males (13–19 years old) 0.20 <1 0.28 0.002 7,000 1 Subgroups with the highest food-source dietary exposure were selected for adult males, adult females and children. The following bwts were used (70 kg adult male; 60 kg adult females; 10 kg child). 2 The crop producing the highest level was used (potatoes, 0.009 lb active ingredient/acre). 3 Chronic DWLOC (ppb) = [maximum chronic water exposure (mg/kg/day) x bwt (kg)] ÷ [water consumption (L) x 10-3 mg/kg]).

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3. Short-term risk. The short-term because no handler exposure is and residential exposures aggregated aggregate risk assessment estimates risks expected and postapplication inhalation result in aggregate MOEs of 170,000 for likely to result from 1–30 days exposure exposure is expected to be negligible. A children (1–6 years old). These to pyraflufen-ethyl residues from food, short-term aggregate risk assessment is aggregate MOEs do not exceed the drinking water, and residential pesticide required for infants and children Agency’s level of concern for aggregate uses. High-end estimates of residential because there is a potential for oral post- exposure to food and residential uses. In exposure are used in the short-term application exposure resulting from addition, short-term DWLOCs were aggregate assessment, while average residential uses. calculated and compared to the EECs for (chronic) values are used to account for Pyraflufen-ethyl is currently chronic exposure of pyraflufen-ethyl in registered for use that could result in dietary (food only) exposure. The short- ground and surface water. After term aggregate risk assessment is short-term residential exposure and the calculating DWLOCs and comparing considered conservative because food- Agency has determined that it is source dietary exposure is based on a appropriate to aggregate chronic food them to the EECs for surface and ground Tier 1 DEEM assessment (tolerance level and water and short-term exposures for water, EPA does not expect short-term residues and 100% crop treated pyraflufen-ethyl. aggregate exposure to exceed the information were used). Using the exposure assumptions Agency’s level of concern, as shown in A short-term aggregate risk described in this unit for short-term Table 4: assessment is not performed for adults exposures, EPA has concluded that food

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO PYRAFLUFEN-ETHYL

Aggregate Aggregate Surface Ground Short-Term Population Subgroup MOE (Food + Level of Con- Water EEC Water EEC DWLOC Residential)1 cern (LOC) (ppb)2 (ppb)2 (ppb)3 Children (1–6 years old) 170,000 100 0.28 0.002 2,000 1 Aggregate MOE = NOAEL (Avg Food Exposure + Residential Exposure). 2 The crop producing the highest level was used (potatoes, 0.009 lb ai/acre). 3DWLOC(ppb) = [maximum water exposure (mg/kg/day) x bwt (kg)] ÷ [water consumption (L) x 10-3 mg/kg] *(bwt: Children-10 kg).

-2 4. Intermediate-term risk. The because no handler exposure is route of exposure (Q1* of 3.32 x 10 intermediate-term aggregate risk expected and postapplication inhalation (mg/kg/day)-1). Using the exposure assessment estimates risks likely to exposure is expected to be negligible. assumptions discussed in this unit for result from 1–6 months of exposure to Also, an intermediate-term aggregate cancer, the cancinogenic risk is pyraflufen-ethyl residues from food, risk assessment is not preformed for determined for the U.S. population drinking water, and residential pesticide infants and children because (total) only. The aggregate cancer uses. High-end estimates of residential postapplication exposure over the DWLOC (2.3 ppb) is greater than EPA’s exposure are used in the intermediate- intermediate-term duration is not likely estimates of pyraflufen-ethyl residues in term assessment, while average values based on the use pattern. drinking water. Therefore, the aggregate are used for food and drinking water 5. Aggregate cancer risk for U.S. cancer risk from residues of pyraflufen- exposure. population. Pyraflufen-ethyl has been ethyl in food and drinking water does An intermediate-term aggregate risk classified as a ‘‘Likely to be not exceed EPA’s level of concern as assessment is not preformed for adults Carcinogenic to Humans’’ by the oral shown in the following Table 5:

TABLE 5.—CANCER DWLOC CALCULATIONS FOR THE U.S. POPULATION

Aggregate Ground Surface Cancer -1 Negligible cancer risk 2 2 3 Q1* mg/kg/day) 1 Water EEC Water EEC DWLOC Risk Level (food and (ppb) (ppb) (ppb) residential 0.0332 3.0E-6 8.3E-7 0.002 0.28 2.3 1 Negligible risk is that below 10-6. 3.0E-6 is statistically within the range that EPA generally accepts as ‘‘negligible risk’’. 2 The crop producing the highest level was used (potatoes). 3Cancer DWLOC (ppb) = [maximum water exposure (mg/kg/day) x bwt (kg)] ÷ [water consumption (L) x 10-3 mg/kg]

6. Determination of safety. Based on IV. Other Considerations method is adequate for enforcement of these risk assessments, EPA concludes tolerances in/on cotton. A. Analytical Enforcement Methodology that there is a reasonable certainty that Adequate enforcement methodology no harm will result to the general Nichino America, Inc. has submitted (example—GC) is available to enforce population, and to infants and children a petition method validation (PMV) and the tolerance expression. The method from aggregate exposure to pyraflufen- an independent laboratory validation for may be requested from: Chief, ethyl residues. a Gas Chromatography/Mass Analytical Chemistry Branch, Spectometry (GC/MS) method proposed Environmental Science Center, 701 for the enforcement of tolerances for Mapes Rd., Ft. Meade, MD 20755–5350; residues of pyraflufen ethyl and its acid telephone number: (410) 305–2905; e- metabolite, E-1. The proposed plant mail address: [email protected].

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B. International Residue Limits for an exemption from the requirement EPA is authorized to waive any fee There is neither a Codex proposal, nor of a tolerance issued by EPA under new requirement ‘‘when in the judgement of Canadian or Mexican limits, for residues section 408(d) of FFDCA, as was the Administrator such a waiver or of pyraflufen-ethyl in/on cotton. provided in the old sections 408 and refund is equitable and not contrary to Harmonization is not an issue for this 409 of the FFDCA. However, the period the purpose of this subsection.’’ For petition. for filing objections is now 60 days, additional information regarding the rather than 30 days. waiver of these fees, you may contact C. Conditions James Tompkins by phone at (703) 305– A. What Do I Need to Do to File an 5697, by e-mail at A risk assessment for human health Objection or Request a Hearing? has been conducted for this proposed [email protected], or by mailing a use. Using the proposed or You must file your objection or request for information to Mr. Tompkins recommended tolerances, the chronic request a hearing on this regulation in at Registration Division (7505C), Office estimates are well below the Agency’s accordance with the instructions of Pesticide Programs, Environmental level of concern and the cancer risk provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania estimate is also within Agency’s level of 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460– concern. The following data are being you must identify docket ID number 0001. required by the Agency to complete the OPP–2003–0163 in the subject line on If you would like to request a waiver database requirements prior to approval the first page of your submission. All of the tolerance objection fees, you must of an unconditional registration of requests must be in writing, and must be mail your request for such a waiver to: pyraflufen-ethyl on cotton: mailed or delivered to the Hearing Clerk James Hollins, Information Resources • Product label contain a statement on or before July 21, 2003. and Services Division (7502C), Office of limiting use to commercial applicators 1. Filing the request. Your objection Pesticide Programs, Environmental only so that possible use by must specify the specific provisions in Protection Agency, 1200 Pennsylvania homeowners on residential turf would the regulation that you object to, and the Ave., NW., Washington, DC 20460– be minimized and/or include a grounds for the objections (40 CFR 0001. 3. Copies for the Docket. In addition restriction prohibiting use by 178.25). If a hearing is requested, the to filing an objection or hearing request homeowners for the turf and ornamental objections must include a statement of with the Hearing Clerk as described in use sites. the factual issues(s) on which a hearing • Unit VI.A., you should also send a copy Proposed uses in farmyards, farm is requested, the requestor’s contentions of your request to the PIRIB for its buildings, fence lines, dry ditches and on such issues, and a summary of any inclusion in the official record that is ditch banks be removed from the label evidence relied upon by the objector (40 described in Unit I.B.1. Mail your due to the potential for residues to CFR 178.27). Information submitted in copies, identified by docket ID number contact food sources in these use sites. connection with an objection or hearing • OPP–2003–0163, to: Public Information The label for pyraflufen ethyl request may be claimed confidential by and Records Integrity Branch, should clearly state the allowable marking any part or all of that number of applications per season. Information Resources and Services information as CBI. Information so Division (7502C), Office of Pesticide V. Conclusion marked will not be disclosed except in Programs, Environmental Protection Therefore, tolerances are established accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., for combined residues of pyraflufen- 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person ethyl (ethyl 2-chloro-5-(4-chloro-5- information that does not contain CBI or by courier, bring a copy to the difluoromethoxy-1-methyl-1H-pyrazol- must be submitted for inclusion in the location of the PIRIB described in Unit 3-yl)-4-fluorophenoxyacetate) and its public record. Information not marked I.B.1. You may also send an electronic acid metabolite, E-1 (2-chloro-5-(4- confidential may be disclosed publicly copy of your request via e-mail to: opp- chloro-5-difluoromethoxy-1-methyl-1H- by EPA without prior notice. [email protected]. Please use an ASCII pyrazol-3-yl)-4-fluorophenoxyacetic Mail your written request to: Office of file format and avoid the use of special acid), expressed pyraflufen-ethyl in or the Hearing Clerk (1900C), characters and any form of encryption. on cotton undelinted seed at 0.04 ppm Environmental Protection Agency, 1200 Copies of electronic objections and and cotton gin byproduct at 1.5 ppm. Pennsylvania Ave., NW., Washington, hearing requests will also be accepted DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or VI. Objections and Hearing Requests your request to the Office of the Hearing ASCII file format. Do not include any Under section 408(g) of the FFDCA, as Clerk in Rm.104, Crystal Mall #2, 1921 CBI in your electronic copy. You may amended by the FQPA, any person may Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your file an objection to any aspect of this The Office of the Hearing Clerk is open request at many Federal Depository regulation and may also request a from 8 a.m. to 4 p.m., Monday through Libraries. hearing on those objections. The EPA Friday, excluding legal holidays. The procedural regulations which govern the telephone number for the Office of the B. When Will the Agency Grant a submission of objections and requests Hearing Clerk is (703) 603–0061. Request for a Hearing? for hearings appear in 40 CFR part 178. 2. Tolerance fee payment. If you file A request for a hearing will be granted Although the procedures in those an objection or request a hearing, you if the Administrator determines that the regulations require some modification to must also pay the fee prescribed by 40 material submitted shows the following: reflect the amendments made to the CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue FFDCA by the FQPA, EPA will continue fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility to use those procedures, with must mail the fee to: EPA Headquarters that available evidence identified by the appropriate adjustments, until the Accounting Operations Branch, Office requestor would, if established resolve necessary modifications can be made. of Pesticide Programs, P.O. Box one or more of such issues in favor of The new section 408(g) of the FFDCA 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account provides essentially the same process identify the fee submission by labeling uncontested claims or facts to the for persons to ‘‘object’’ to a regulation it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual

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issues(s) in the manner sought by the U.S.C. 601 et seq.) do not apply. In relationship between the Federal requestor would be adequate to justify addition, the Agency has determined Government and Indian tribes, or on the the action requested (40 CFR 178.32). that this action will not have a distribution of power and substantial direct effect on States, on the responsibilities between the Federal VII. Statutory and Executive Order relationship between the national Government and Indian tribes, as Reviews government and the States, or on the specified in Executive Order 13175. This final rule establishes a tolerance distribution of power and Thus, Executive Order 13175 does not under section 408(d) of the FFDCA in responsibilities among the various apply to this rule. response to a petition submitted to the levels of government, as specified in Agency. The Office of Management and Executive Order 13132, entitled VIII. Congressional Review Act Budget (OMB) has exempted these types Federalism(64 FR 43255, August 10, The Congressional Review Act, 5 of actions from review under Executive 1999). Executive Order 13132 requires U.S.C. 801 et seq., as added by the Small Order 12866, entitled Regulatory EPA to develop an accountable process Business Regulatory Enforcement Planning and Review (58 FR 51735, to ensure ‘‘meaningful and timely input Fairness Act of 1996, generally provides October 4, 1993). Because this rule has by State and local officials in the that before a rule may take effect, the been exempted from review under development of regulatory policies that agency promulgating the rule must Executive Order 12866 due to its lack of have federalism implications.’’ ‘‘Policies submit a rule report, which includes a significance, this rule is not subject to that have federalism implications’’ is copy of the rule, to each House of the Executive Order 13211, Actions defined in the Executive Order to Congress and to the Comptroller General Concerning Regulations That include regulations that have of the United States. EPA will submit a Significantly Affect Energy Supply, ‘‘substantial direct effects on the States, report containing this rule and other Distribution, or Use (66 FR 28355, May on the relationship between the national required information to the U.S. Senate, 22, 2001). This final rule does not government and the States, or on the the U.S. House of Representatives, and contain any information collections distribution of power and the Comptroller General of the United subject to OMB approval under the responsibilities among the various States prior to publication of this final Paperwork Reduction Act (PRA), 44 levels of government.’’ This final rule rule in the Federal Register. This final U.S.C. 3501 et seq., or impose any directly regulates growers, food rule is not a ‘‘major rule’’ as defined by enforceable duty or contain any processors, food handlers and food 5 U.S.C. 804(2). unfunded mandate as described under retailers, not States. This action does not Title II of the Unfunded Mandates alter the relationships or distribution of List of Subjects in 40 CFR Part 180 Reform Act of 1995 (UMRA) (Public power and responsibilities established Environmental protection, Law 104–4). Nor does it require any by Congress in the preemption Administrative practice and procedure, special considerations under Executive provisions of section 408(n)(4) of the Agricultural commodities, Pesticides Order 12898, entitled Federal Actions to FFDCA. For these same reasons, the and pests, Reporting and recordkeeping Address Environmental Justice in Agency has determined that this rule requirements. Minority Populations and Low-Income does not have any ‘‘tribal implications’’ Populations (59 FR 7629, February 16, as described in Executive Order 13175, Dated: May 7, 2003. 1994); or OMB review or any Agency entitled Consultation and Coordination Debra Edwards, action under Executive Order 13045, with Indian Tribal Governments (65 FR Director, Registration Division, Office of entitled Protection of Children from 67249, November 6, 2000). Executive Pesticide Programs. Environmental Health Risks and Safety Order 13175, requires EPA to develop ■ Therefore, 40 CFR chapter I is Risks (62 FR 19885, April 23, 1997). an accountable process to ensure amended as follows: This action does not involve any ‘‘meaningful and timely input by tribal technical standards that would require officials in the development of PART 180—[AMENDED] Agency consideration of voluntary regulatory policies that have tribal consensus standards pursuant to section implications.’’ ‘‘Policies that have tribal ■ 1. The authority citation for part 180 12(d) of the National Technology implications’’ is defined in the continues to read as follows: Transfer and Advancement Act of 1995 Executive Order to include regulations Authority: 21 U.S.C. 321(q), 346(a) and (NTTAA), Public Law 104–113, section that have ‘‘substantial direct effects on 371. 12(d) (15 U.S.C. 272 note). Since one or more Indian tribes, on the ■ 2. Section 180.585 is amended by tolerances and exemptions that are relationship between the Federal alphabetically adding commodities in established on the basis of a petition Government and the Indian tribes, or on the table in paragraph (a) to read as under section 408(d) of the FFDCA, the distribution of power and follows: such as the tolerance in this final rule, responsibilities between the Federal do not require the issuance of a Government and Indian tribes.’’ This § 180.585 Pyraflufen-ethyl; tolerances for proposed rule, the requirements of the rule will not have substantial direct residues. Regulatory Flexibility Act (RFA) (5 effects on tribal governments, on the (a)***

Commodity Parts per million

Cotton, gin byproduct ...... 1.5 Cotton, undelinted seed ...... 0.04

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* * * * * Industrial Classification System is establishing a tolerance for combined [FR Doc. 03–12359 Filed 5–20–03; 8:45 am] (NAICS) codes have been provided to residues of the insecticide indoxacarb BILLING CODE 6560–50–S assist you and others in determining [(S)-methyl 7-chloro-2,5-dihydro-2- whether this action might apply to [[(methoxycarbonyl)[4- certain entities. If you have any (trifluoromethoxy)phenyl] ENVIRONMENTAL PROTECTION questions regarding the applicability of amino]carbonyl]indeno [1,2- AGENCY this action to a particular entity, consult e][1,3,4]oxadiazine-4a(3H)-carboxylate] the person listed under FOR FURTHER and its R-enantimomer [(R)-methyl 7- 40 CFR Part 180 INFORMATION CONTACT. chloro-2,5-dihydro-2- [[(methoxycarbonyl)[4- [OPP–2003–0151; FRL–7305–2] B. How Can I Get Copies of this (trifluoromethoxy)phenyl] Document and Other Related amino]carbonyl]indeno [1,2- Indoxacarb; Pesticide Tolerances for Information? Emergency Exemptions e][1,3,4]oxadiazine-4a(3H)-carboxylate 1. Docket. EPA has established an in or on collards at 3.0 parts per million AGENCY: Environmental Protection official public docket for this action (ppm). This tolerance will expire and is Agency (EPA). under docket identification (ID) number revoked on June 30, 2006. EPA will ACTION: Final rule. OPP–2003–0151. The official public publish a document in the Federal docket consists of the documents Register to remove the revoked SUMMARY: This regulation establishes a specifically referenced in this action, tolerance from the Code of Federal time-limited tolerance for combined any public comments received, and Regulations. residues of indoxacarb and its R- other information related to this action. Section 408(l)(6) of the FFDCA enantimomer in or on collards. This Although a part of the official docket, requires EPA to establish a time-limited action is in response to EPA’s granting the public docket does not include tolerance or exemption from the of an emergency exemption under Confidential Business Information (CBI) requirement for a tolerance for pesticide section 18 of the Federal Insecticide, or other information whose disclosure is chemical residues in food that will Fungicide, and Rodenticide Act (FIFRA) restricted by statute. The official public result from the use of a pesticide under authorizing use of the pesticide on docket is the collection of materials that an emergency exemption granted by collards. This regulation establishes a is available for public viewing at the EPA under section 18 of FIFRA. Such maximum permissible level for residues Public Information and Records tolerances can be established without of indoxacarb in this food commodity. Integrity Branch (PIRIB), Rm. 119, providing notice or period for public The tolerance will expire and is revoked Crystal Mall #2, 1921 Jefferson Davis comment. EPA does not intend for its on June 30, 2006. Hwy., Arlington, VA. This docket actions on section 18-related tolerances DATES: This regulation is effective May facility is open from 8:30 a.m. to 4 p.m., to set binding precedents for the 21, 2003. Objections and requests for Monday through Friday, excluding legal application of section 408 of the FFDCA hearings, identified by docket ID holidays. The docket telephone number and the new safety standard to other number OPP–2003–0151, must be is (703) 305–5805. tolerances and exemptions. Section received on or before July 21, 2003. 2. Electronic access. You may access 408(e) of the FFDCA allows EPA to ADDRESSES: Written objections and this Federal Register document establish a tolerance or an exemption hearing requests may be submitted electronically through the EPA Internet from the requirement of a tolerance on electronically, by mail, or through hand under the ‘‘Federal Register’’ listings at its own initiative, i.e., without having delivery/courier. Follow the detailed http://www.epa.gov/fedrgstr/. A received any petition from an outside instructions as provided in Unit VII. of frequently updated electronic version of party. the SUPPLEMENTARY INFORMATION. 40 CFR part 180 is available at http:// Section 408(b)(2)(A)(i) of the FFDCA FOR FURTHER INFORMATION CONTACT: www.access.gpo.gov/nara/cfr/ allows EPA to establish a tolerance (the Barbara Madden, Registration Division cfrhtml_00/Title_40/40cfr180_00.html, a legal limit for a pesticide chemical (7505C), Office of Pesticide Programs, beta site currently under development. residue in or on a food) only if EPA Environmental Protection Agency, 1200 An electronic version of the public determines that the tolerance is ‘‘safe.’’ Pennsylvania Ave., NW., Washington, docket is available through EPA’s Section 408(b)(2)(A)(ii) of the FFDCA DC 20460–0001; telephone number: electronic public docket and comment defines ‘‘safe’’ to mean that ‘‘there is a (703) 305–6463; e-mail address: system, EPA Dockets. You may use EPA reasonable certainty that no harm will [email protected]. Dockets at http://www.epa.gov/edocket/ result from aggregate exposure to the to submit or view public comments, pesticide chemical residue, including SUPPLEMENTARY INFORMATION: access the index listing of the contents all anticipated dietary exposures and all I. General Information of the official public docket, and to other exposures for which there is access those documents in the public reliable information.’’ This includes A. Does this Action Apply to Me? docket that are available electronically. exposure through drinking water and in You may be potentially affected by Although not all docket materials may residential settings, but does not include this action if you are a federal or state be available electronically, you may still occupational exposure. Section government agency (NAICS 9241) access any of the publicly available 408(b)(2)(C) of the FFDCA requires EPA involved in administration of docket materials through the docket to give special consideration to environmental quality programs (i.e., facility identified in Unit I.B.1. Once in exposure of infants and children to the Departments of Agriculture, the system, select ‘‘search,’’ then key in pesticide chemical residue in Environment, etc). the appropriate docket ID number. establishing a tolerance and to ‘‘ensure This listing is not intended to be that there is a reasonable certainty that exhaustive, but rather provides a guide II. Background and Statutory Findings no harm will result to infants and for readers regarding entities likely to be EPA, on its own initiative, in children from aggregate exposure to the affected by this action. Other types of accordance with sections 408(e) and pesticide chemical residue. . . .’’ entities not listed in this unit could also 408(l)(6) of the Federal Food, Drug, and Section 18 of the FIFRA authorizes be affected. The North American Cosmetic Act (FFDCA), 21 U.S.C. 346a, EPA to exempt any Federal or State

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agency from any provision of FIFRA, if of the amounts specified in the oxadiazine-4a(3H)-carboxylate] in or on EPA determines that ‘‘emergency tolerance remaining in or on collards collards at 3.0 ppm. EPA’s assessment of conditions exist which require such after that date will not be unlawful, the dietary exposures and risks exemption.’’ This provision was not provided the pesticide is applied in a associated with establishing the amended by the Food Quality Protection manner that was lawful under FIFRA, tolerance follows. Act of 1996 (FQPA). EPA has and the residues do not exceed a level A. Toxicological Endpoints established regulations governing such that was authorized by this tolerance at emergency exemptions in 40 CFR part the time of that application. EPA will EPA has evaluated the available 166. take action to revoke this tolerance toxicity data and considered its validity, earlier if any experience with, scientific completeness, and reliability as well as III. Emergency Exemption for data on, or other relevant information the relationship of the results of the Indoxacarb on Collards and FFDCA on this pesticide indicate that the studies to human risk. EPA has also Tolerances residues are not safe. considered available information The State of Georgia requested an Because this tolerance is being concerning the variability of the emergency exemption use for approved under emergency conditions, sensitivities of major identifiable indoxacarb (Avaunt) for control of the EPA has not made any decisions about subgroups of consumers, including diamondback moth in collards, since whether indoxacarb meets EPA’s infants and children. The nature of the this pest appears to have developed registration requirements for use on toxic effects caused by indoxacarb and resistance to almost all available collards or whether a permanent the endpoints used in risk assessment chemical alternatives. Although tolerance for this use would be are discussed in Unit III.A. and B. of the spinosad has provided satisfactory appropriate. Under these circumstances, final rule on indoxacarb pesticide diamondback moth control until EPA does not believe that this tolerance tolerances published in the Federal recently, field failures were detected in serves as a basis for registration of Register of July 18, 2002 (67 FR 47299) 2002, suggesting that resistance may be indoxacarb by a State for special local (FRL–7186–2). Please refer to that involved. According to the State, needs under FIFRA section 24(c). Nor document should you desire detailed potential yield losses tend to be either does this tolerance serve as the basis for toxicological information on 0% or 100%, since in affected fields the any State other than Georgia to use this indoxacarb. damage level may be considered either pesticide on this crop under section 18 The Agency has identified an acute acceptable or a cause for rejection, in of FIFRA without following all dietary endpoint for females 13 years which case the crop would not be provisions of EPA’s regulations and older and for the general harvested. The State estimated an implementing FIFRA section 18 as population, including infants and overall 10% decrease in yield in the identified in 40 CFR part 166. For children. The acute population adjusted absence of effective insecticides and a additional information regarding the dose (aPAD) for females is 0.02 doubling of insecticide costs from emergency exemption for indoxacarb, milligrams/kilogram/day (mg/kg/day). $24.50 to $49.00 because of a lack of contact the Agency’s Registration The acute dietary endpoint for the efficacy leading to repeated Division at the address provided under general population including infants applications. The 10% estimate FOR FURTHER INFORMATION CONTACT. and children is 0.12 mg/kg/day. The represents anticipated total losses in a chronic population adjusted dose few fields and minor losses in fields IV. Aggregate Risk Assessment and (cPAD) for all populations is 0.02 mg/ with manageable moth populations. Determination of Safety kg/day. Indoxacarb has been classified EPA has authorized under FIFRA EPA performs a number of analyses to as ‘‘not likely’’ to be carcinogenic to section 18 the use of indoxacarb on determine the risks from aggregate humans. collards for control of diamond back exposure to pesticide residues. For moth in Georgia. After having reviewed further discussion of the regulatory B. Exposure Assessment the submission, EPA concurs that requirements of section 408 of the 1. Dietary exposure from food and emergency conditions exist for this FFDCA and a complete description of feed uses. Tolerances have been State. the risk assessment process, see the final established (40 CFR 180.564) for the As part of its assessment of this rule on Bifenthrin Pesticide Tolerances combined residues of indoxacarb, in or emergency exemption, EPA assessed the (62 FR 62961, November 26, 1997) on a variety of raw agricultural potential risks presented by residues of (FRL–5754–7). commodities including alfalfa, head indoxacarb in or on collards. In doing Consistent with section 408(b)(2)(D) lettuce, peanuts, potatoes, and soybeans. so, EPA considered the safety standard of the FFDCA, EPA has reviewed the Additionally, there are tolerances for in section 408(b)(2) of the FFDCA, and available scientific data and other milk, milk fat, meat, fat and meat by- EPA decided that the necessary relevant information in support of this products of cattle, goat, hog, horse, and tolerance under section 408(l)(6) of the action. EPA has sufficient data to assess sheep. Risk assessments were conducted FFDCA would be consistent with the the hazards of indoxacarb and to make by EPA to assess dietary exposures from safety standard and with FIFRA section a determination on aggregate exposure, indoxacarb in food as follows: 18. Consistent with the need to move consistent with section 408(b)(2) of the i. Acute exposure. Acute dietary risk quickly on the emergency exemption in FFDCA, for a time-limited tolerance for assessments are performed for a food- order to address an urgent non-routine combined residues of indoxacarb [(S)- use pesticide if a toxicological study has situation and to ensure that the resulting methyl 7-chloro-2,5-dihydro-2- indicated the possibility of an effect of food is safe and lawful, EPA is issuing [[(methoxycarbonyl)[4- concern occurring as a result of a 1–day this tolerance without notice and (trifluoromethoxy) phenyl] amino] or single exposure. The Dietary opportunity for public comment as carbonyl]indeno[1,2-e][1,3,4]oxadiazine- Exposure Evaluation Model (DEEM provided in section 408(l)(6) of the 4a(3H)-carboxylate] and its R- version 7.76) analysis evaluated the FFDCA. Although this tolerance will enantimomer [(R)-methyl 7-chloro-2,5- individual food consumption as expire and is revoked on June 30, 2006, dihydro-2- [[(methoxycarbonyl)[4- reported by respondents in the U.S. under section 408(l)(5) of the FFDCA, (trifluoromethoxy)phenyl] amino] Department of Agriculture (USDA) residues of the pesticide not in excess carbonyl]indeno[1,2-e][1,3,4] 1989–1992 nationwide Continuing

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Surveys of Food Intake by Individuals (GENEEC) or the Pesticide Root Zone/ indoor pest control, termiticides, and (CSFII) and accumulated exposure to Exposure Analysis Modeling System flea and tick control on pets). the chemical for each commodity. The (PRZM/EXAMS) to estimate pesticide Indoxacarb is not registered for use on following assumptions were made for concentrations in surface water and SCI- any sites that would result in residential the acute exposure assessments: Acute GROW, which predicts pesticide exposure. Tier II assessment, a partially refined concentrations in ground water. In 4. Cumulative exposure to substances analysis with use of anticipated residues general, EPA will use GENEEC (a Tier with a common mechanism of toxicity. (ARs) from field trial data, refined I model) before using PRZM/EXAMS (a Section 408(b)(2)(D)(v) of the FFDCA processing factors, and 100% crop Tier II model) for a screening-level requires that, when considering whether treated. assessment for surface water. The to establish, modify, or revoke a ii. Chronic exposure. In conducting GENEEC model is a subset of the PRZM/ tolerance, the Agency consider this chronic dietary risk assessment the EXAMS model that uses a specific high- ‘‘available information’’ concerning the DEEM (version 7.76) analysis end runoff scenario for pesticides. cumulative effects of a particular evaluated the individual food GENEEC incorporates a farm pond pesticide’s residues and ‘‘other consumption as reported by scenario, while PRZM/EXAMS substances that have a common respondents in the USDA 1989–1992 incorporate an index reservoir mechanism of toxicity.’’ nationwide Continuing Surveys of Food environment in place of the previous EPA does not have, at this time, Intake by Individuals (CSFII) and pond scenario. The PRZM/EXAMS available data to determine whether accumulated exposure to the chemical model includes a percent crop area indoxacarb has a common mechanism for each commodity. The following factor as an adjustment to account for of toxicity with other substances or how assumptions were made for the chronic the maximum percent crop coverage to include this pesticide in a cumulative exposure assessments: Tolerance level within a watershed or drainage basin. risk assessment. Unlike other pesticides residues for all commodities and None of these models include for which EPA has followed a assumed all raw agricultural consideration of the impact processing cumulative risk approach based on a commodities were 100% treated with (mixing, dilution, or treatment) of raw common mechanism of toxicity, indoxacarb. Refined processing factors water for distribution as drinking water indoxacarb does not appear to produce were used in the chronic analysis for would likely have on the removal of a toxic metabolite produced by other several commodities, in place of the pesticides from the source water. The substances. For the purposes of this DEEM default processing factors. primary use of these models by the tolerance action, therefore, EPA has not iii. Cancer. Indoxacarb has been Agency at this stage is to provide a assumed that indoxacarb has a common classified as ‘‘not likely’’ to be coarse screen for sorting out pesticides mechanism of toxicity with other carcinogenic to humans. Therefore, for which it is highly unlikely that substances. For information regarding cancer risk was not assessed. drinking water concentrations would EPA’s efforts to determine which iv. Anticipated residue information. ever exceed human health levels of chemicals have a common mechanism Section 408(b)(2)(E) of the FFDCA concern. of toxicity and to evaluate the authorizes EPA to use available data and Since the models used are considered cumulative effects of such chemicals, information on the anticipated residue to be screening tools in the risk see the final rule for Bifenthrin Pesticide levels of pesticide residues in food and assessment process, the Agency does Tolerances (62 FR 62961, November 26, the actual levels of pesticide chemicals not use estimated environmental 1997). that have been measured in food. If EPA concentrations (EECs) from these C. Safety Factor for Infants and Children relies on such information, EPA must models to quantify drinking water require that data be provided 5 years exposure and risk as a percent reference Section 408 of the FFDCA provides after the tolerance is established, dose (%RfD) or percent population that EPA shall apply an additional modified, or left in effect, demonstrating adjusted dose (%PAD). Instead drinking tenfold margin of safety for infants and that the levels in food are not above the water levels of comparison (DWLOCs) children in the case of threshold effects levels anticipated. Following the initial are calculated and used as a point of to account for prenatal and postnatal data submission, EPA is authorized to comparison against the model estimates toxicity and the completeness of the require similar data on a time frame it of a pesticide’s concentration in water. data base on toxicity and exposure deems appropriate. As required by DWLOCs are theoretical upper limits on unless EPA determines that a different section 408(b)(2)(E) of the FFDCA, EPA a pesticide’s concentration in drinking margin of safety will be safe for infants will issue a data call-in for information water in light of total aggregate exposure and children. Margins of safety are relating to anticipated residues to be to a pesticide in food, and from incorporated into EPA risk assessments submitted no later than 5 years from the residential uses. Since DWLOCs address either directly through use of a MOE date of issuance of this tolerance. total aggregate exposure to indoxacarb analysis or through using uncertainty 2. Dietary exposure from drinking they are further discussed in the (safety) factors in calculating a dose water. The Agency lacks sufficient aggregate risk sections below. level that poses no appreciable risk to monitoring exposure data to complete a Based on the PRZM/EXAMS and SCI- humans. comprehensive dietary exposure GROW models, the EECs of indoxacarb The prenatal and postnatal toxicology analysis and risk assessment for for acute exposures are estimated to be data base for indoxacarb is complete indoxacarb in drinking water. Because 13.7 parts per billion (ppb) for surface with respect to FQPA considerations. the Agency does not have water and 0.02 ppb for ground water. The nature of the toxic effects caused by comprehensive monitoring data, The EECs for chronic exposures are indoxacarb are discussed in Unit III.D. drinking water concentration estimates estimated to be 3.7 ppb for surface water of the final rule on indoxacarb pesticide are made by reliance on simulation or and 0.02 ppb for ground water. tolerances published in the Federal modeling taking into account data on 3. From non-dietary exposure. The Register of July 18, 2002 (67 FR 47299) the physical characteristics of term ‘‘residential exposure’’ is used in (FRL–7186–2). Please refer to that indoxacarb. this document to refer to non- document should you desire detailed The Agency uses the Generic occupational, non-dietary exposure toxicological information on indoxacarb Estimated Environmental Concentration (e.g., for lawn and garden pest control, regarding FQPA considerations.

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The Agency concluded that the FQPA regulatory standards for drinking water. with reasonable certainty that exposures safety factor could be reduced to 1X for DWLOCs are theoretical upper limits on to indoxacarb in drinking water (when indoxacarb. There is no indication of a pesticide’s concentration in drinking considered along with other sources of quantitative or qualitative increased water in light of total aggregate exposure exposure for which EPA has reliable susceptibility of rats or rabbits to in to a pesticide in food and residential data) would not result in unacceptable utero and/or postnatal exposure. EPA uses. In calculating a DWLOC, the levels of aggregate human health risk at did require a developmental Agency determines how much of the this time. Because EPA considers the neurotoxicity study as confirmatory acceptable exposure (i.e., the PAD) is aggregate risk resulting from multiple data. The requirement of a available for exposure through drinking exposure pathways associated with a developmental neurotoxicity study is water (e.g., allowable chronic water pesticide’s uses, levels of comparison in not based on the criteria reflecting exposure (mg/kg/day) = cPAD - (average drinking water may vary as those uses special concern for the developing food + chronic non-dietary, non- fetuses or young which are generally occupational exposure)). This allowable change. If new uses are added in the used for requiring a DNT study - and a exposure through drinking water is used future, EPA will reassess the potential safety factor (e.g., neuropathy in adult to calculate a DWLOC. impacts of indoxacarb on drinking water animals; central nervous system A DWLOC will vary depending on the as a part of the aggregate risk assessment malformations following prenatal toxic endpoint, drinking water process. exposure; brain weight or sexual consumption, and body weights. Default 1. Acute risk. Using the exposure maturation changes in offspring; and/or body weights and consumption values assumptions discussed in this unit for functional changes in offspring) and as used by the USEPA Office of Water acute exposure, the acute dietary therefore, does not warrant an FQPA are used to calculate DWLOCs: 2 liter exposure from food to indoxacarb will safety factor; and the dietary (food and (L)/70 kg (adult male), 2L/60 kg (adult occupy 12% of the aPAD for the U.S. drinking water) exposure assessments female), and 1L/10 kg (child). Default population, 64% of the aPAD for body weights and drinking water will not underestimate the potential females 13 years and older, 67% of the consumption values vary on an exposures for infants and children. aPAD for all infants (<1 year old) and There are no registered residential uses individual basis. This variation will be 79% of the aPAD for children 1–5 years at the current time. taken into account in more refined screening-level and quantitative old, the children subpopulations at D. Aggregate Risks and Determination of drinking water exposure assessments. greatest exposure. In addition, despite Safety Different populations will have different the potential for acute dietary exposure To estimate total aggregate exposure DWLOCs. Generally, a DWLOC is to indoxacarb in drinking water, after to a pesticide from food, drinking water, calculated for each type of risk calculating DWLOCs and comparing and residential uses, the Agency assessment used: Acute, short-term, them to conservative model EECs of calculates DWLOCs which are used as a intermediate-term, chronic, and cancer. indoxacarb in surface and ground water, point of comparison against the model When EECs for surface water and EPA does not expect the aggregate estimates of a pesticide’s concentration ground water are less than the exposure to exceed 100% of the aPAD, in water (EECs). DWLOC values are not calculated DWLOCs, EPA concludes as shown in Table 1. below:

TABLE 1.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO INDOXACARB

Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC DWLOC kg) (Food) (ppb) (ppb) (ppb)

U.S. population 0.12 12 13.7 0.02 3,700

All Infants (< 1year old) 0.12 67 13.7 0.02 400

Children (1–5 years old) 0.12 79 13.7 0.02 760

Females (13–40 years old) 0.02 64 13.7 0.02 218

2. Chronic risk. Using the exposure cPAD for children (1–2 years old), the in drinking water, after calculating assumptions described in this unit for children subpopulation at greatest DWLOCs and comparing them to chronic exposure, EPA has concluded exposure. There are no residential uses conservative model EECs of indoxacarb that exposure to indoxacarb from food for indoxacarb that result in chronic in surface and ground water, EPA does will utilize 30% of the cPAD for the residential exposure to indoxacarb. In not expect the aggregate exposure to U.S. population, 29% of the cPAD for addition, despite the potential for exceed 100% of the cPAD, as shown in all infants (<1 year old) and 79% of the chronic dietary exposure to indoxacarb Table 2. below:

TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON- CANCER) EXPOSURE TO INDOXACARB

Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)

U.S. population 0.02 30 3.7 0.02 490

All infants (< 1 year old) 0.02 29 3.7 0.02 65

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TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON- CANCER) EXPOSURE TO INDOXACARB—Continued

Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)

Children (1–2 years old) 0.02 79 3.7 0.02 30

3. Short-term risk. Short-term expression. The method may be A. What Do I Need to Do to File an aggregate exposure takes into account requested from: Chief, Analytical Objection or Request a Hearing? residential exposure plus chronic Chemistry Branch, Environmental You must file your objection or exposure to food and water (considered Science Center, 701 Mapes Rd., Ft. request a hearing on this regulation in to be a background exposure level). Meade, MD 20755–5350; telephone accordance with the instructions Indoxacarb is not registered for use on number: (410) 305–2905; e-mail address: provided in this unit and in 40 CFR part any sites that would result in residential [email protected]. 178. To ensure proper receipt by EPA, exposure. Therefore, the aggregate risk you must identify docket ID number is the sum of the risk from food and B. International Residue Limits OPP–2003–0151 in the subject line on water, which were previously the first page of your submission. All addressed. There are no Mexican, Canadian or Codex Maximum Residue Limits (MRLs) requests must be in writing, and must be 4. Intermediate-term risk. mailed or delivered to the Hearing Clerk Intermediate-term aggregate exposure established for indoxacarb on collards. Therefore, no compatibility problems on or before July 21, 2003. takes into account non-dietary, non- 1. Filing the request. Your objection occupational exposure plus chronic exist for the proposed tolerance. must specify the specific provisions in exposure to food and water (considered VI. Conclusion the regulation that you object to, and the to be a background exposure level). grounds for the objections (40 CFR Indoxacarb is not registered for use on Therefore, the tolerance is established 178.25). If a hearing is requested, the any sites that would result in residential for combined residues of the insecticide objections must include a statement of exposure. Therefore, the aggregate risk indoxacarb [(S)-methyl 7-chloro-2,5- the factual issues(s) on which a hearing is the sum of the risk from food and dihydro-2-[[(methoxycarbonyl)[4- is requested, the requestor’s contentions water, which were previously (trifluoromethoxy)phenyl] on such issues, and a summary of any addressed. amino]carbonyl]indeno[1,2- evidence relied upon by the objector (40 5. Aggregate cancer risk for U.S. CFR 178.27). Information submitted in population. Indoxacarb has been e][1,3,4]oxadiazine-4a(3H)-carboxylate] and its R-enantimomer [(R)-methyl 7- connection with an objection or hearing classified as ‘‘not likely’’ to be request may be claimed confidential by carcinogenic to humans. Therefore, chloro-2,5-dihydro-2- [[(methoxycarbonyl) [4- marking any part or all of that cancer risk was not assessed. information as CBI. Information so 6. Determination of safety. Based on (trifluoromethoxy)phenyl] marked will not be disclosed except in these risk assessments, EPA concludes amino]carbonyl] indeno[1,2- accordance with procedures set forth in that there is a reasonable certainty that e][1,3,4]oxadiazine-4a(3H)-carboxylate] 40 CFR part 2. A copy of the no harm will result to the general in or on collards at 3.0 ppm. information that does not contain CBI population, and to infants and children must be submitted for inclusion in the from aggregate exposure to indoxacarb VII. Objections and Hearing Requests public record. Information not marked residues. Under section 408(g) of the FFDCA, as confidential may be disclosed publicly V. Other Considerations amended by the FQPA, any person may by EPA without prior notice. file an objection to any aspect of this Mail your written request to: Office of A. Analytical Enforcement Methodology regulation and may also request a the Hearing Clerk (1900C), The petitioner has submitted a hearing on those objections. The EPA Environmental Protection Agency, 1200 method for enforcing tolerances of procedural regulations which govern the Pennsylvania Ave., NW., Washington, indoxacarb in/on plant commodities, a submission of objections and requests DC 20460–0001. You may also deliver high-performance liquid for hearings appear in 40 CFR part 178. your request to the Office of the Hearing chromatography (HPLC)/column Although the procedures in those Clerk in Rm.104, Crystal Mall #2, 1921 switching/ultraviolet (UV) detector regulations require some modification to Jefferson Davis Hwy., Arlington, VA. method (AMR 2712–93). This method reflect the amendments made to the The Office of the Hearing Clerk is open has been radiovalidated and undergone from 8 a.m. to 4 p.m., Monday through FFDCA by the FQPA, EPA will continue a successful independent laboratory Friday, excluding legal holidays. The to use those procedures, with validation (ILV) and a successful telephone number for the Office of the appropriate adjustments, until the petition method validation (PMV) trial Hearing Clerk is (703) 603–0061. by the Analytical Chemistry Laboratory necessary modifications can be made. 2. Tolerance fee payment. If you file (ACL). The HPLC/UV Method AMR The new section 408(g) of the FFDCA an objection or request a hearing, you 2712–93 was forwarded to the Food and provides essentially the same process must also pay the fee prescribed by 40 Drug Administration for inclusion in the for persons to ‘‘object’’ to a regulation CFR 180.33(i) or request a waiver of that Pesticide Analytical Manual (PAM), for an exemption from the requirement fee pursuant to 40 CFR 180.33(m). You Vol. II). The Agency has determined that of a tolerance issued by EPA under new must mail the fee to: EPA Headquarters this method is suitable for enforcement section 408(d) of the FFDCA, as was Accounting Operations Branch, Office of the tolerances associated with this provided in the old sections 408 and of Pesticide Programs, P.O. Box petition. 409 of the FFDCA. However, the period 360277M, Pittsburgh, PA 15251. Please Adequate enforcement methodology for filing objections is now 60 days, identify the fee submission by labeling is available to enforce the tolerance rather than 30 days. it ‘‘Tolerance Petition Fees.’’

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EPA is authorized to waive any fee issues(s) in the manner sought by the to ensure ‘‘meaningful and timely input requirement ‘‘when in the judgement of requestor would be adequate to justify by State and local officials in the the Administrator such a waiver or the action requested (40 CFR 178.32). development of regulatory policies that refund is equitable and not contrary to have federalism implications.’’ ‘‘Policies VIII. Statutory and Executive Order the purpose of this subsection.’’ For that have federalism implications’’ is Reviews additional information regarding the defined in the Executive Order to waiver of these fees, you may contact This final rule establishes a time- include regulations that have James Tompkins by phone at (703) 305– limited tolerance under section 408 of ‘‘substantial direct effects on the States, 5697, by e-mail at the FFDCA. The Office of Management on the relationship between the national [email protected], or by mailing a and Budget (OMB) has exempted these government and the States, or on the request for information to Mr. Tompkins types of actions from review under distribution of power and at Registration Division (7505C), Office Executive Order 12866, entitled responsibilities among the various of Pesticide Programs, Environmental Regulatory Planning and Review (58 FR levels of government.’’ This final rule Protection Agency, 1200 Pennsylvania 51735, October 4, 1993). Because this directly regulates growers, food Ave., NW., Washington, DC 20460– rule has been exempted from review processors, food handlers, and food 0001. under Executive Order 12866 due to its retailers, not States. This action does not If you would like to request a waiver lack of significance, this rule is not alter the relationships or distribution of of the tolerance objection fees, you must subject to Executive Order 13211, power and responsibilities established mail your request for such a waiver to: Actions Concerning Regulations That by Congress in the preemption James Hollins, Information Resources Significantly Affect Energy Supply, provisions of section 408(n)(4) of the and Services Division (7502C), Office of Distribution, or Use (66 FR 28355, May FFDCA. For these same reasons, the Pesticide Programs, Environmental 22, 2001). This final rule does not Agency has determined that this rule Protection Agency, 1200 Pennsylvania contain any information collections does not have any ‘‘tribal implications’’ Ave., NW., Washington, DC 20460– subject to OMB approval under the as described in Executive Order 13175, 0001. Paperwork Reduction Act (PRA), 44 entitled Consultation and Coordination 3.Copies for the Docket. In addition to U.S.C. 3501 et seq., or impose any with Indian Tribal Governments (65 FR filing an objection or hearing request enforceable duty or contain any 67249, November 6, 2000). Executive with the Hearing Clerk as described in unfunded mandate as described under Order 13175, requires EPA to develop Unit VII.A., you should also send a copy Title II of the Unfunded Mandates an accountable process to ensure of your request to the PIRIB for its Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal inclusion in the official record that is Law 104–4). Nor does it require any officials in the development of described in Unit I.B.1. Mail your special considerations under Executive regulatory policies that have tribal copies, identified by the docket ID Order 12898, entitled Federal Actions to implications.’’ ‘‘Policies that have tribal number OPP–2003–0151, to: Public Address Environmental Justice in implications’’ is defined in the Information and Records Integrity Minority Populations and Low-Income Executive Order to include regulations Branch, Information Resources and Populations (59 FR 7629, February 16, that have ‘‘substantial direct effects on Services Division (7502C), Office of 1994); or OMB review or any Agency one or more Indian tribes, on the Pesticide Programs, Environmental action under Executive Order 13045, relationship between the Federal Protection Agency, 1200 Pennsylvania entitled Protection of Children from Government and the Indian tribes, or on Ave., NW., Washington, DC 20460– Environmental Health Risks and Safety the distribution of power and 0001. In person or by courier, bring a Risks (62 FR 19885, April 23, 1997). responsibilities between the Federal copy to the location of the PIRIB This action does not involve any Government and Indian tribes.’’ This described in Unit I.B.1. You may also technical standards that would require rule will not have substantial direct send an electronic copy of your request Agency consideration of voluntary effects on tribal governments, on the via e-mail to: [email protected]. consensus standards pursuant to section relationship between the Federal Please use an ASCII file format and 12(d) of the National Technology Government and Indian tribes, or on the avoid the use of special characters and Transfer and Advancement Act of 1995 distribution of power and any form of encryption. Copies of (NTTAA), Public Law 104–113, section responsibilities between the Federal electronic objections and hearing 12(d) (15 U.S.C. 272 note). Since Government and Indian tribes, as requests will also be accepted on disks tolerances and exemptions that are specified in Executive Order 13175. in WordPerfect 6.1/8.0 or ASCII file established on the basis of a FIFRA Thus, Executive Order 13175 does not format. Do not include any CBI in your section 18 exemption under section 408 apply to this rule. electronic copy. You may also submit an of the FFDCA, such as the tolerance in electronic copy of your request at many this final rule, do not require the IX. Congressional Review Act Federal Depository Libraries. issuance of a proposed rule, the The Congressional Review Act, 5 requirements of the Regulatory U.S.C. 801 et seq., as added by the Small B. When Will the Agency Grant a Flexibility Act (RFA) (5 U.S.C. 601 et Business Regulatory Enforcement Request for a Hearing? seq.) do not apply. In addition, the Fairness Act of 1996, generally provides A request for a hearing will be granted Agency has determined that this action that before a rule may take effect, the if the Administrator determines that the will not have a substantial direct effect agency promulgating the rule must material submitted shows the following: on States, on the relationship between submit a rule report, which includes a There is a genuine and substantial issue the national government and the States, copy of the rule, to each House of the of fact; there is a reasonable possibility or on the distribution of power and Congress and to the Comptroller General that available evidence identified by the responsibilities among the various of the United States. EPA will submit a requestor would, if established resolve levels of government, as specified in report containing this rule and other one or more of such issues in favor of Executive Order 13132, entitled required information to the U.S. Senate, the requestor, taking into account Federalism (64 FR 43255, August 10, the U.S. House of Representatives, and uncontested claims or facts to the 1999). Executive Order 13132 requires the Comptroller General of the United contrary; and resolution of the factual EPA to develop an accountable process States prior to publication of this final

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rule in the Federal Register. This final Dated: May 9, 2003. Authority: 21 U.S.C. 321(q), 346(a) and rule is not a ‘‘major rule’’ as defined by Debra Edwards, 371. 5 U.S.C. 804(2). Director, Registration Division, Office of ■ 2. Section 180.564 is amended by Pesticide Programs. alphabetically adding the following List of Subjects in 40 CFR Part 180 ■ Therefore, 40 CFR chapter I is commodity to the table in paragraph (b) Environmental protection, amended as follows: to read as follows: Administrative practice and procedure, § 180.564 Indoxacarb; tolerances for Agricultural commodities, Pesticides PART 180—[AMENDED] residues. and pests, Reporting and recordkeeping ■ 1. The authority citation for part 180 * * * * * requirements. continues to read as follows: (b)***

Expiration/revoca- Commodity Parts per million tion date

Collards ...... 3.0 06/30/06 *****

* * * * * further response action other than Range), OU 6 (site 11—Golf Course [FR Doc. 03–12480 Filed 5–20–03; 8:45 am] operation and maintenance activities Pesticide Disposal Area), OU 7, (Site BILLING CODE 6560–50–S and enforcement. 16—AIMD Seepage Pit/NDI Holding EFFECTIVE DATE: June 20, 2003. Tank), OU 8 (Site 3—Oil and Sludge Disposal Pit), OU 9 (Site 36—Control FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION Deborah A. Vaughn-Wright, Remedial Tower TCE Plume, Site 37—Hangars 13 AGENCY Project Manager, Federal Facilities and 14 DCE Plume, Site 57—Building 824A/Day Tank 1 Area, and Site 58— 40 CFR Part 300 Branch, Waste Management Division, U.S. Environmental Protection Agency, Building 312 Area), OU 10 (Site 21— [FRL–7499–8] 61 Forsyth Street, Atlanta, Georgia Golf Course Maintenance Area and Site 30303, 404–562–8539, fax 404–562– 25—Former Transformer Storage Area), National Oil and Hazardous 8518, e-mail vaughn- OU 11 (Site 45—Former Steam Substances Pollution Contingency [email protected]. Generating Plant), and OU 12 (Site 32— Plan; National Priorities List Former DRMO Area). A Notice of Intent SUPPLEMENTARY INFORMATION: The to Delete for this site was published in AGENCY: Environmental Protection portions of Cecil Field to be deleted the Federal Register on January 29, Agency (EPA). from the NPL include OU 4 (site 10), OU 2003 (68 FR 4429). The closing date for ACTION: Notice of partial deletion of 5 (site 14), OU 12 (sites 44, 42 and the comments on the Notice of Intent to Cecil Field Naval Air Station (Site) Old Golf Course) and an additional Delete was March 31, 2003. EPA From the National Priorities List (NPL). 16,527 acres which are not associated received no comments during this SUMMARY: The Environmental Protection with an operable unit that have been period. Agency, Region 4, announces the partial evaluated as not posing a risk to human The EPA identifies sites which appear deletion of the Cecil Field Naval Air health and the environment (BRAC to present a significant risk to public Station Superfund Site (the ‘‘Site’’) (EPA environmental condition of property 1, health, welfare, or the environment and ID# FL 5170022474) from the National 2, 3 and 4). it maintains the NPL as the list of those Priorities List (NPL). The portion to be The boundaries of the base are within sites. Deletion from the NPL does not deleted is described below. The NPL is the following coordinates: 30.3012 necessarily preclude further remedial codified as appendix B to the National North Latitude, 81.9306 West action. Federal Facilities are not subject Oil and Hazardous Substances Pollution Longitude; 30.3012 North Latitude, of the Hazardous Substances Response Contingency Plan (NCP), 40 CFR part 81.9244 West Longitude; 30.3063 North Fund (Fund) financed remedial actions. 300, which EPA promulgated pursuant Latitude, 81.8781 West Longitude; However, all federal facilities have a to section 105 of the Comprehensive 30.2468 North Latitude, 81.8445 West continuing statutory duty to conduct Environmental Response, Longitude; 30.1784 North Latitude, further remediation, if required even Compensation, and Liability Act 81.8676 West Longitude; 30.1783 North after the federal property is transferred (CERCLA), as amended, 42 U.S.C. 9605. Latitude, 81.8847 West Longitude. to non-federal owners. The EPA has determined, with the Within these coordinates are several List of Subjects in 40 CFR Part 300 concurrence of the State of Florida areas which are not part of this partial through its Department of deletion. The areas not included are Environmental protection, Air Environmental Protection, that the Building 635, Building 605, Potential pollution control, Chemicals, Hazardous parcels to be deleted under this action Source of Contamination (PSC) 51 substances, Hazardous waste, do not pose a significant threat to public (Current golf Course), Operable Unit Intergovernmental relations, Penalties, health or the environment, as defined by (OU) 1 (Sites 1—Old Landfill and Site Reporting and recordkeeping CERCLA, and therefore, further 2—recent landfill), OU 2 (Site 5—Oil requirements, Superfund, Water remedial measures pursuant to CERCLA Disposal Area Northwest and Site 17— pollution control, Water supply. Oil and Sludge Disposal Pit Southwest), are not appropriate for these parcels. Dated: April 18, 2003. The remaining parcels comprising the OU 3 (Site 7—Old Firefighter Training Cecil Field Naval Air Station Superfund Area and Site 8—Boresite Range/ A. Stanley Melburg, Site will remain on the NPL. Response Hazardous Waste Storage/Firefighting Acting Regional Administrator, Region 4. actions are either underway at these Area), OU 5 (Site 15—Blue 10 Ordnance ■ For the reasons set out in the preamble, parcels or the parcels do not require any Disposal Area, Site 49—Recent Skeet 40 CFR part 300, Title 40 of Chapter 1 of

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the Code of Federal Regulations is Authority: 42 U.S.C. 9601–9657; 33 U.S.C. Field Naval Air Station to read as amended as follows: 1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR, follows: 1991 Comp.; p. 351; E.O. 12580, 52 FR 2923, PART 300—[AMENDED] 3 CFR, 1987 Comp.; p. 193. Appendix B to Part 300—National Appendix B—[Amended] Priorities List ■ 1. The authority citation for part 300 * * * * * continues to read as follows: ■ 2. Table 2 of appendix B to part 300 is amended by revising the entry for Cecil

TABLE 2.—FEDERAL FACILITIES SECTION

St Site name City/County Notes (a)

FL ...... Cecil Field Naval Air Station ...... Jacksonville ...... P (a) * * * ******* P=Sites within partial deletion(s).

[FR Doc. 03–12476 Filed 5–20–03; 8:45 am] The Appropriations Act also prohibits Small Entity Inquiries BILLING CODE 6560–50–M TSA from imposing the ASIF during the The Small Business Regulatory suspension period. Therefore, air Enforcement Fairness Act (SBREFA) of carriers and foreign air carriers engaged 1996 requires TSA to comply with small DEPARTMENT OF HOMELAND in air transportation will not incur any entity requests for information and SECURITY obligations to make ASIF payments to advice about compliance with statutes TSA for the months of June, July, and regulations within the TSA’s Transportation Security Administration August, and September of 2003, which jurisdiction. Any small entity that has a otherwise would have been required to question regarding this document may be paid to TSA by the last day of July, 49 CFR Parts 1510 and 1511 contact the individuals listed in FOR August, September, and October of FURTHER INFORMATION CONTACT. Persons [Docket No. TSA–2001–11120 and TSA– 2003, respectively. 2002–11334; Amendment Nos. 1510–2 and can obtain further information regarding 1511–1] DATES: This rule is effective from June SBREFA on the Small Business 1, 2003, through September 30, 2003. Administration’s web page at http:// RIN 1652–AA29 FOR FURTHER INFORMATION CONTACT: www.sba.gov/advo/laws/law_lib.html. Randall Fiertz, Office of Revenue, Office Temporary Suspension of the of Finance and Administration, Good Cause for Immediate Adoption September 11th Security Fee and the Transportation Security Administration This action is being taken without Aviation Security Infrastructure Fee Headquarters, West Building, Floor 5, providing the opportunity for notice and AGENCY: Transportation Security TSA–14, 400 Seventh Street, SW., comment, and it provides for an Administration (TSA), DHS. Washington, DC 20590; e-mail: TSA- effective date less than 30 days after ACTION: Temporary final rule. [email protected], telephone: 571–227– publication in the Federal Register. 2323; or Susan Truax, Office of the Section 44940(d)(1) of title 49, U.S.C. SUMMARY: The Transportation Security Chief Counsel, Transportation Security explicitly exempts the imposition of the Administration (TSA) is issuing this Administration Headquarters, West civil aviation security fees authorized in rule to temporarily suspend the Building, Floor 8, TSA–2, 400 Seventh section 44940 from the procedural September 11, 2001, Passenger Civil Street, SW., Washington, DC 20590; e- rulemaking notice and comment Aviation Security Service Fee and the mail: [email protected], telephone: procedures set forth in 5 U.S.C. 553 of Aviation Security Infrastructure Fee 571–227–1996. the Administrative Procedure Act (ASIF) during the period beginning June SUPPLEMENTARY INFORMATION: (APA). Apart from that exemption, the 1, 2003, and ending September 30, 2003, APA allows an agency to forego notice as provided in Public Law 108–11, Availability of Rulemaking Document and comment rulemaking when ‘‘the enacted on April 16, 2003, titled, You can get an electronic copy using agency for good cause finds * * * that ‘‘Emergency Wartime Supplemental the Internet by— notice and public procedures thereon Appropriations Act, 2003’’ (1) Searching the Department of are impracticable, unnecessary, or (Appropriations Act). Transportation’s electronic Docket contrary to the public interest.’’ 5 U.S.C. TSA interprets the Appropriations Management System (DMS) web page 553(b). TSA finds good cause under 5 Act to prohibit TSA from requiring (http://dms.dot.gov/search); U.S.C. 553 that notice and comment are passengers to pay the September 11th (2) Accessing the Government impracticable and contrary to the public Security Fee if they purchase air Printing Office’s web page at http:// interest before issuing this rule. transportation during the suspension www.access.gpo.gov/su_docs/aces/ Immediate action is necessary to period, regardless of whether the air aces140.html; or provide sufficient time to direct and transportation actually takes place (3) Visiting the TSA’s Law and Policy foreign air carriers to implement any during the suspension period. web page at http://www.tsa.dot.gov/ necessary changes in their business Accordingly, TSA will not impose the public/index.jsp. practices before the beginning of the September 11th Security Fee on air In addition, copies are available by suspension period. transportation purchased from 12 a.m., writing or calling the individuals in the Further, as the Appropriations Act Eastern Daylight Time, on June 1, 2003, FOR FURTHER INFORMATION CONTACT mandates the effective dates for the through 11:59 p.m., Eastern Daylight section. Make sure to identify the docket suspension period of the civil aviation Time, on September 30, 2003. number of this rulemaking. security fees, the Administrator finds

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that good cause exists under 5 U.S.C. Fee and the ASIF during the period awards, the carrier must not collect the 553(d) for making this final rule beginning June 1, 2003, and ending fee on such tickets issued during the effective less than 30 days after the date September 30, 2003 (suspension suspension period. In addition, of publication in the Federal Register. period). TSA, which is an agency within notwithstanding 49 CFR 1510.9(c), the the Department of Homeland Security direct or foreign air carrier will not Background and operating under the direction of the incur any obligation to pay the amount Under 49 U.S.C. 44940 and the Under Secretary of BTS, is the agency of such uncollected fee to TSA. Transportation Security Regulations at charged with imposing these fees by Under 49 CFR 1510.9(d), direct and 49 CFR parts 1510 and 1511, regulation. Therefore, TSA is publishing foreign air carriers may not collect the respectively, air carriers and foreign air this rule to temporarily suspend these September 11th Security Fee unless carriers are required to pay to TSA fees fees as required by the Appropriations required by part 1510. Therefore, if a known as the September 11th Security Act. Unless otherwise defined in this direct or foreign air carrier collects a Fee and the Aviation Security document, any terms used in this September 11th Security Fee from a Infrastructure Fee (ASIF). document have the meaning set forth in passenger who purchases a ticket during The September 11th Security Fee is a 49 CFR parts 1510 and 1511. the suspension period, the carrier must fee in the amount of $2.50 per Discussion of the Rule refund the fee to the passenger. enplanement imposed by TSA on Direct and foreign air carriers must passengers of domestic and foreign air During the suspension period from continue to collect the September 11th carriers in air transportation, foreign air June 1, 2003, through September 30, Security Fee on air transportation transportation, and intrastate air 2003, TSA is suspending §§ 1510.5 and purchased by passengers through 11:59 transportation originating at airports in 1510.9(a) through (c), as well as p.m., Eastern Daylight Time, on May 31, the United States. This fee is limited to §§ 1511.5(a) through (c) and 1511.7(b), 2003, even if the flight for which the $2.50 per enplanement for up to two and adding new §§ 1510.23 and transportation is purchased is to be enplanements (or up to $5) per one-way 1511.15, respectively. operated during the suspension period. trip or four enplanements (or up to $10) Tickets Reissued During the per round trip. 49 CFR 1510.5(a). Suspension of the September 11th Security Fee Suspension Period. If a passenger Section 118 of the Aviation and purchases a ticket before the suspension Transportation Security Act (ATSA) The Appropriations Act prohibits period begins and the carrier reissues a (Pub. L. 107–71; 11/19/2001) authorized TSA from imposing the September 11th replacement ticket during the TSA to impose the September 11th Security Fee during the suspension suspension period without any changes Security Fee to help pay TSA’s costs of period. TSA interprets this provision to to the original itinerary, the carrier providing civil aviation security mean that TSA may not require continues to be responsible for services. Under 49 CFR 1510.9(a) and passengers to pay the September 11th collecting the amount of the September (b), direct air carriers and foreign air Security Fee if they purchase air 11th Security Fee that applied upon the carriers must collect from each transportation (tickets) during the initial purchase of the ticket. If, as a passenger a September 11th Security suspension period, regardless of result of the reissuance, however, the whether the air transportation actually Fee on air transportation sold on or after ticket is repriced during the suspension takes place during the suspension February 1, 2002. period, TSA considers the date the period. Accordingly, TSA is establishing The ASIF is a fee imposed by TSA on ticket was reissued to be the date the air carriers and foreign air carriers the following requirements governing passenger purchased the ticket. engaged in air transportation, foreign air direct and foreign air carrier compliance Therefore, the September 11th Security transportation, and intrastate air with 49 CFR part 1510 during the Fee will not apply to the reissued ticket. transportation, based on each carrier’s suspension period. Repricing a ticket means a transaction in security costs incurred in the year 2000. Tickets Purchased During the which the itinerary of a paid ticket is Section 118 of the ATSA authorized Suspension Period. Under TSA’s revised due to voluntary changes made TSA to impose the ASIF, to the extent regulation at 49 CFR 1510.9, where a by the passenger and the ticket is that the September 11th Security Fee passenger purchases a ticket from a reissued to determine the new price of was insufficient to pay TSA’s costs of direct or foreign air carrier, or from the the itinerary. Section 1510.5(c) of 49 providing civil aviation security carrier’s agent such as a travel agent, the CFR imposes the fee on tickets obtained services. Under 49 CFR 1511.5 and carrier must collect the September 11th by redeeming frequent flyer awards. 1511.7(b), each air carrier and foreign Security Fee from the passenger at that However, upgrades using these awards air carrier engaged in air transportation time. Notwithstanding 49 CFR 1510.9(a) are not charged an additional fee. must pay to TSA the ASIF incurred for and (b), a direct air carrier or foreign air Therefore, redeeming these awards each month by the last calendar day of carrier must not collect the September during the suspension period for cabin the following month. For months up to 11th Security Fee from any passenger upgrades must not be treated as and including September of 2004, the for air transportation sold during the repricing the ticket and the fee must payment is 8.333 percent of the total suspension period. This means that continue to be charged. Free upgrades amount of the carrier’s costs of when a passenger purchases a ticket also do not constitute repricing and screening passengers and property from a direct or foreign air carrier or its therefore do not result in refund of the transported by passenger aircraft in the agent and the passenger pays in full for fee. United States during calendar year the ticket at any time from 12 a.m., 2000. Eastern Daylight Time, on June 1, 2003 Example 1. A passenger purchases a On April 16, 2003, the President through 11:59 p.m., Eastern Daylight round-trip ticket before the suspension signed into law the Appropriations Act, Time, on September 30, 2003, the period with two enplanements per one-way trip (for a total of four enplanements) and, which among other things, prohibits the carrier must not collect the September due to changes made by the passenger, the Under Secretary for Border and 11th Security Fee from the passenger. carrier reissues the ticket during the Transportation Security (BTS) of the Since 49 CFR 1510.5(c) imposes the suspension period with a revised itinerary of Department of Homeland Security from security fee on passengers obtaining one enplanement per trip (for a total of two imposing the September 11th Security tickets by redeeming frequent flyer enplanements), which results in repricing of

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the itinerary. The carrier must refund to the Unlike in the case of scheduled Time, on September 30, 2003, the public passenger the amount of the September 11th passenger flights, passengers on public charter operator must not collect the Security Fee previously collected when the charter flights purchase their tickets September 11th Security Fee from the passenger initially purchased the ticket, and from a public charter operator. passenger. In addition, since the fee will the carrier must not collect the fee for the reissued ticket. Regulations of the Department of not be imposed on passengers, the direct Example 2. If a passenger purchases a Transportation require the charter or foreign air carrier operating the flight ticket before the suspension period and the operator to place all funds collected must not collect the September 11th carrier reissues the ticket during the from passengers in an escrow account Security Fee from the charter operator suspension period because the passenger and to forward payment to the direct or for any passengers who purchased redeems frequent flier awards in order to foreign air carrier operating the flight at tickets from the public charter operator obtain an upgrade, the carrier must not a later date.2 In its January 25th letter, during the suspension period. refund the September 11th Security Fee it TSA made clear that tickets purchased Notwithstanding 49 CFR 1510.9(c), the collected when the passenger initially by public charter passengers are not direct or foreign air carrier will not purchased the ticket. Similarly, if the carrier reissues the ticket during the suspension considered to be sold for purposes of incur any obligation to pay the amount period because the carrier provided a free TSA’s regulations governing the of such fee (not collected from upgrade, the carrier must not refund the September 11th Security Fee, until the passengers) to TSA. September 11th Security Fee. earlier of: (1) The time the direct or Continuing Payment of Fees to TSA. Example 3. If a passenger purchases a foreign air carrier receives funds from Under 49 CFR 1510.13(a), direct and ticket prior to the suspension period and the the public charter escrow account; or (2) foreign air carriers must pay all travel is already underway during the the date the direct or foreign air carrier September 11th Security Fees imposed suspension period and there is a repricing of operates the flight. The purpose of this each calendar month to TSA by the last the ticket, the carrier must not collect the interpretation by TSA was to more calendar day of the month following the September 11th Security Fee for the changed imposition of the fee. Therefore, direct or unused portion of the itinerary. Therefore, closely align a direct or foreign air any fee collected for the changed or unused carrier’s obligation to pay the fee to TSA and foreign air carriers must pay to TSA portion of the itinerary must be refunded to with its actual receipt of the fee from the any September 11th Security Fees the passenger. public charter operator. TSA will imposed on tickets purchased during the month of May, 2003, no later than Prepaid Air Transportation. In the maintain the existing payment structure June 30, 2003. In addition, any other case of prepaid air transportation (for for the charter operators to remit the security fees imposed prior to the example, prepaid ticket advice), if the September 11th Security Fees to direct suspension period, but not remitted by passenger fully prepays air and foreign air carriers while also air carriers to TSA, are still due to TSA transportation before the suspension maintaining the requirements for direct and foreign air carriers to remit the fees during and after the suspension period. period and the carrier issues a ticket In the case of tickets purchased on against the prepaid amount during the to TSA during and after the suspension period. public charter flights, direct and foreign suspension period, the carrier must As a result, however, the definition of air carriers must continue to forward to collect the September 11th Security Fee when air transportation is sold on a TSA, in accordance with 49 CFR 1510, for that ticket, because TSA considers public charter flight for purposes of 49 any September 11th Security Fees paid the air transportation to have been CFR part 1510 does not coincide with by passengers who purchased tickets purchased before the suspension period. the time the passenger actually prior to the beginning of the suspension However, if a passenger fully prepays purchases a ticket for that flight. As period. These payments continue to be air transportation during the suspension discussed above, the Appropriations Act due to TSA by the last calendar day of period and the carrier issues a ticket suspends the imposition of fees on air June, July, August, and September of against the prepaid amount during or transportation that a passenger actually 2003. after the suspension period, the carrier purchases during the suspension period. For example, if a passenger purchases must not collect the September 11th Accordingly, TSA is providing the a ticket from a public charter operator Security Fee for that ticket. following guidance to direct and foreign on May 15, 2003, for a flight that will Tickets for Passengers on Public air carriers related to air transportation take place on June 15, 2003, the public Charter Flights. As discussed above, on public charter flights. During the charter operator will collect the under TSA’s regulation at 49 CFR suspension of the September 11th September 11th Security Fee from the 1510.9, where a passenger purchases a Security Fee, TSA will (1) continue to passenger and place it in an escrow ticket from a direct or foreign air carrier, allow direct air carriers to remit the account. As explained in TSA’s letter of or from the carrier’s agent such as a already collected fees to TSA according January 25, 2002, in order to more travel agent, the carrier must collect the to the structure identified in the January closely align a direct or foreign air September 11th Security Fee from the 25, 2002, letter; however (2) Charter carrier’s obligation to pay the fee to TSA passenger at the time of ticket purchase. operators may not collect September with the carrier’s actual receipt of the On January 25, 2002, TSA issued a letter 11th Security Fees from passengers fee from the public charter operator, the clarifying when the fee is considered to paying in full during the suspension ticket is considered to be sold at the be collected in the case of passengers period. time the charter operator provides the who purchase tickets on public charter Additional Guidance for Suspension escrow funds to the direct or foreign air flights.1 of Fees for Public Charter Passengers. carrier operating the flight or the date For passengers on public charter flights, the flight occurs, whichever comes first. 1 You may obtain an electronic copy of the letter when the passenger purchases a ticket If the public charter operator, in the by accessing TSA’s electronic docket for TSA 2001– 11120. Using the search function of the Department from the charter operator, which means example, provides the escrow funds to of Transportation’s electronic Docket Management paying the charter operator in full for the carrier on June 14, 2003, the carrier System (DMS) Web page (http://dms.dot.gov/ the ticket at any time from 12 a.m., must pay the fee to TSA by July 31, search), type in the last 5 digits of the docket Eastern Daylight Time, on June 1, 2003 2003. If a direct or foreign air carrier number shown above. Click on ‘‘search.’’ On the next page, which contains the docket summary through 11:59 p.m., Eastern Daylight does not collect the appropriate fee from information for the docket you selected, click on the a passenger, the air carrier is still link for TSA 2001–11120–11. 2 See 14 CFR 212.8. responsible for paying the fee to TSA.

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A carrier may offset fees refunded to air transportation is considered to be the (2 U.S.C. 1531–1538) requires agencies passengers during the suspension selling carrier. If a passenger’s air to prepare a written assessment of the period against future amounts of transportation includes travel on two or costs, benefits, and other effects of September 11th Security Fees due to more carriers, or if the passenger’s air proposed or final rules that include a TSA in June 2003 and following months transportation is otherwise on an Federal mandate likely to result in the under 49 CFR part 1510. aircraft not operated by the selling expenditure by State, local, or tribal Resumption of Imposition of the carrier, the selling carrier is responsible governments, in the aggregate, or by the September 11th Security Fee. TSA will for paying the September 11th Security private sector, of $100 million or more resume imposition of the September Fee applicable to the air transportation. annually (adjusted for inflation.) 11th Security Fee beginning at 12 a.m. on October 1, 2003, without any further Suspension of the ASIF Executive Order 12866 Assessment notice. Therefore, direct and foreign air The Appropriations Act prohibits In conducting these analyses, TSA has carriers must resume collecting and TSA from imposing the ASIF during the determined that the economic impact of paying to TSA the September 11th suspension period, June 1, 2003, to this rule does not meet the standards for Security Fee on tickets purchased by September 30, 2003. Therefore, a ‘‘significant regulatory action’’ under passengers beginning on 12 a.m., notwithstanding 49 CFR 1511.5 (a) section 3(f) of Executive Order 12866 Eastern Daylight Time, on October 1, through (c) and 1511.7(b), air carriers and does not require an assessment of 2003, in accordance with the and foreign air carriers engaged in air potential costs and benefits under requirements of 49 CFR part 1510. If an transportation will not incur any section 6(a)(3), of that Order. However, air carrier does not collect the obligations to make payments to TSA TSA has determined that because of the appropriate fee from a passenger, that for the months of the suspension period public interest in the subject of security should have been collected before the that otherwise would be required under fees, this rule is considered significant suspension period, the air carrier is still 49 CFR 1511.7(b) to be paid in July, and, therefore, has been reviewed by the responsible for paying the fee to TSA. August, September, and October of Office of Management and Budget. In the case of public charter flights, 2003. Payment due under 49 CFR Although a regulatory analysis or because public charter operators will 1511.7(b) for May of 2003 remains due evaluation does not accompany this not collect September 11th Security by June 30, 2003. Any other ASIF rule, TSA recognizes the rule will Fees from passengers who purchase incurred prior to the suspension period, impose no or de minimus costs on the tickets during the suspension period, but not remitted to TSA, continues to be aviation industry and the public other there will be instances where the escrow due to TSA during and after the than those weighed by Congress in payments that direct or foreign air suspension period. passing the Appropriations Act. Air carriers receive from public charter TSA will resume imposition of the carriers will benefit through not having operators after September 30, 2003, will ASIF beginning October 1, 2003, to collect the security fees and the not include September 11th Security without any further notice. Therefore, public will benefit by not having to pay Fees for some or all of the tickets sold direct and foreign air carriers must the security fees. The September 11th for a flight. If the public charter operator resume making payments to TSA under Security Fee that passengers will not did not collect the fee due to the 49 CFR part 1511, beginning with the have to pay and air carriers will not suspension, the direct or foreign air payment due under 49 CFR 1511.7(b) no have to collect and remit to TSA is carrier will not incur any obligation to later than November 30, 2003. pay those fees to TSA, notwithstanding estimated to be $600 million. The 49 CFR part 1510. Paperwork Reduction Act Aviation Security Infrastructure Fee that Reporting Requirements Continue The Paperwork Reduction Act of 1995 air carriers will not incur, and therefore During the Suspension Period. In (44 U.S.C. 3507(d)) requires that the will not remit to TSA, is estimated to be accordance with 49 CFR 1510.17, each TSA consider the impact of paperwork $100 million. This mandatory security direct and foreign air carrier must and other information collection fee suspension totaling $700 million is continue to provide TSA with quarterly burdens imposed on the public. We imposed by the Appropriations Act and reports that provide an accounting of have determined that there are no new is not a direct impact of this rulemaking. fees imposed, collected, refunded, and information collection requirements This rule addresses implementation of remitted to TSA. If a carrier collects no associated with this rule. the suspension of the fee as it relates to fees during the suspension period, the the initial fee imposition requirements carrier must submit the required report Regulatory Impact Analyses provided in 49 CFR part 1510. showing zeros in the appropriate fields Changes to Federal regulations must Regulatory Flexibility Act Assessment in the report. The Bureau of undergo several economic analyses. Transportation Statistics collects such First, Executive Order 12866, Regulatory The Regulatory Flexibility Act (RFA) data for TSA. The Bureau website Planning and Review (58 FR 51735, of 1980 requires that agencies perform a address for reporting the data is http:/ October 4, 1993), directs each Federal review to determine whether a proposed /www.bts.gov/oai/tsa/. For further agency to propose or adopt a regulation or final rule will have a significant information on these reporting only upon a reasoned determination economic impact on a substantial requirements, air carriers may also that the benefits of the intended number of small entities. If the contact Ms. Nancy Sharpe, Data regulation justify its costs. Second, the determination is that it will, the agency Administrator, Bureau of Transportation Regulatory Flexibility Act of 1980 (5 must prepare a regulatory flexibility Statistics, Office of Airline Information, U.S.C. 601–612) requires agencies to analysis as described in the RFA. For K–14, 400 7th Street, SW., Room 4125, analyze the economic impact of purposes of the RFA, small entities Washington, DC 20590, phone: 202– regulatory changes on small entities. include small businesses, not-for-profit 366–2261, fax: 202–366–3383. Third, the Office of Management and organizations, and small governmental Travel Involving More than One Budget directs agencies to assess the jurisdictions. Individuals and States are Carrier. For purposes of 49 CFR part effect of regulatory changes on not included in the definition of a small 1510, a direct air carrier or foreign air international trade. Fourth, the entity. When no notice of proposed carrier that provides or offers to provide Unfunded Mandates Reform Act of 1995 rulemaking has first been published, no

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such assessment is required for a final Energy Policy and Conservation Act Security Fee on air transportation rule. (EPCA) Public Law 94–163, as amended purchased by passengers through 11:59 (42 U.S.C. 6362). We have determined p.m., Eastern Daylight Time, on May 31, International Trade Impact Assessment that this rulemaking is not a major 2003, even if the flight for which the The Trade Agreement Act of 1979 regulatory action under the provisions transportation is purchased is to be prohibits Federal agencies from of the EPCA. operated during the suspension period. establishing any standards or engaging (b) Tickets reissued during the List of Subjects in 49 CFR Parts 1510 in related activities that create suspension period. (1) If a passenger and 1511 unnecessary obstacles to the foreign purchases a ticket before the suspension commerce of the United States. Accounting, Auditing, Air carriers, period begins and the carrier reissues a Legitimate domestic objectives, such as Air transportation, Enforcement, Federal replacement ticket during the safety, are not considered unnecessary oversight, Foreign air carriers, Reporting suspension period without any changes obstacles. The statute also requires and recordkeeping requirements, to the original itinerary, the carrier consideration of international standards Security measures. continues to be responsible for and, where appropriate, that they be the The Amendment collecting the amount of the September basis for U.S. standards. TSA has 11th Security Fee that applied upon the assessed the potential effect of this ■ In consideration of the foregoing, the initial purchase of the ticket. If, as a rulemaking and has determined that it Transportation Security Administration result of the reissuance, however, the will not have a significant impact on amends Chapter XII of Title 49, Code of ticket is repriced during the suspension foreign commerce and, therefore, has no Federal Regulations, as follows: period, the September 11th Security Fee effect on any trade-sensitive activity. will not apply to the reissued ticket. SUBCHAPTER A—ADMINISTRATIVE Repricing a ticket means a transaction in Unfunded Mandates Assessment AND PROCEDURAL RULES which the itinerary of a paid ticket is The Unfunded Mandates Reform Act revised due to voluntary changes made PART 1510—PASSENGER CIVIL of 1995 is intended, among other things, by the passenger and the ticket is AVIATION SECURITY SERVICE FEES to curb the practice of imposing reissued to determine the new price of unfunded Federal mandates on State, ■ 1. The authority citation for part 1510 the itinerary. Redemption of frequent local, and tribal governments. Title II of continues to read as follows: flyer awards during the suspension the Act requires each Federal agency to Authority: 49 U.S.C. 44940. period for cabin upgrades does not prepare a written statement assessing constitute repricing of the ticket and the effects of any Federal mandate in a ■ 2. From June 1, 2003, through therefore the fee must continue to be proposed or final agency rule that may September 30, 2003, suspend §§ 1510.5 charged. Free upgrades do not constitute result in a $100 million or more and 1510.9(a) through (c), and add a new repricing and therefore do not result in expenditure (adjusted annually for § 1510.23 to read as follows: refund of the fee. inflation) in any one year by State, local, (i) Example 1. A passenger purchases a and tribal governments, in the aggregate, § 1510.23 Temporary suspension of the September 11th Security Fee. round-trip ticket before the suspension or by the private sector; such a mandate (a) Suspension of the September 11th period with two enplanements per one-way is deemed to be a ‘‘significant regulatory trip (for a total of four enplanements) and, action.’’ Security Fee. (1) Notwithstanding 49 due to changes made by the passenger, the This rulemaking does not contain CFR 1510.9(a) and (b), a direct air carrier reissues the ticket during the such a mandate. The requirements of carrier or foreign air carrier must not suspension period with a revised itinerary of Title II of the Act, therefore, do not collect the September 11th Security Fee one enplanement per trip (for a total of two apply and TSA has not prepared a from any passenger for air enplanements), which results in repricing of statement under the Act. transportation sold during the the itinerary. The carrier must refund to the suspension period. For purposes of this passenger the amount of the September 11th Executive Order 13132, Federalism section, the suspension period is 12:00 Security Fee previously collected when the passenger initially purchased the ticket, and The TSA has analyzed this final rule a.m., Eastern Daylight Time, on June 1, the carrier must not collect the fee for the under the principles and criteria of 2003, through 11:59 p.m., Eastern reissued ticket. Executive Order 13132, Federalism. We Daylight Time, on September 30, 2003. (ii) Example 2. If a passenger purchases a determined that this action will not When a passenger purchases a ticket ticket before the suspension period and the have a substantial direct effect on the from a direct or foreign air carrier or its carrier reissues the ticket during the States, or the relationship between the agent and the passenger pays in full, suspension period because the passenger national Government and the States, or including through redemption of redeems frequent flier awards in order to obtain an upgrade, the carrier must not on the distribution of power and frequent flier awards, for the ticket during the suspension period, the refund the September 11th Security Fee it responsibilities among the various collected when the passenger initially levels of government, and therefore does carrier must not collect the September purchased the ticket. Similarly, if the carrier not have federalism implications. 11th Security Fee from the passenger. In reissues the ticket during the suspension addition, notwithstanding 49 CFR period because the carrier provided a free Environmental Analysis 1510.9(c), the direct or foreign air carrier upgrade, the carrier must not refund the The TSA has reviewed this action for will not incur any obligation to pay the September 11th Security Fee. purposes of the National Environmental amount of such uncollected fee to TSA. (iii) Example 3. If a passenger purchases a Policy Act of 1969 (NEPA) (42 U.S.C. (2) If a direct or foreign air carrier ticket prior to the suspension period and the 4321–4347) and has determined that collects a September 11th Security Fee travel is already underway during the suspension period and there is a repricing of this action will not have a significant from a passenger who purchases a ticket the ticket, the carrier must not collect the effect on the human environment. during the suspension period, the September 11th Security Fee for the changed carrier must refund the fee to the Energy Impact or unused portion of the itinerary. Therefore, passenger. any fee collected for the changed or unused The energy impact of the notice has (3) Direct and foreign air carriers must portion of the itinerary must be refunded to been assessed in accordance with the continue to collect the September 11th the passenger.

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(2) Prepaid air transportation. In the period against future amounts of DC 20590, phone: 202–366–2261, fax: case of prepaid air transportation (for September 11th Security Fees due to 202–366–3383. example, prepaid ticket advice), if the TSA in June 2003 and following months (g) Travel involving more than one passenger prepays air transportation under 49 CFR part 1510. carrier. For purposes of 49 CFR part before the suspension period and the (4) If a carrier does not collect the 1510, a direct air carrier or foreign air carrier issues a ticket against the appropriate fee from a passenger that carrier that provides or offers to provide prepaid amount during the suspension should have been collected before the air transportation is considered to be the period, the carrier must collect the suspension period, the air carrier selling carrier. If a passenger’s air September 11th Security Fee for that remains responsible for paying the fee to transportation includes travel on two or ticket. However, if a passenger prepays TSA. more carriers, or if the passenger’s air (e) Resumption of imposition of the air transportation during the suspension transportation is otherwise on an September 11th Security Fee. (1) TSA period and the carrier issues a ticket aircraft not operated by the selling will resume imposition of the against the prepaid amount during or carrier, the selling carrier is responsible September 11th Security Fee beginning after the suspension period, the carrier for paying the September 11th Security at 12 a.m. on October 1, 2003, without must not collect the September 11th Fee applicable to the air transportation. Security Fee for that ticket. any further notice. Therefore, direct and (c) Tickets for passengers on public foreign air carriers must resume PART 1511—AVIATION SECURITY charter flights. (1) A direct or foreign air collecting and paying to TSA the INFRASTRUCTURE FEE carrier operating a public charter flight September 11th Security Fee on tickets purchased by passengers beginning on must not collect the September 11th ■ 3. The authority citation for part 1511 12 a.m., Eastern Daylight Time, on Security Fee from the charter operator continues to read as follows: for any passengers who purchased air October 1, 2003, in accordance with the Authority: 49 U.S.C. 44901 and 44940. transportation (tickets) from the public requirements of 49 CFR part 1510. These fees imposed in October 2003 are charter operator and paid in full during ■ 4. From June 1, 2003, through the suspension period. Notwithstanding due to TSA no later than November 30, 2003. September 30, 2003, suspend 49 CFR 1510.9(c), the direct or foreign §§ 1511.5(a) through (c) and 1511.7(b), air carrier will not incur any obligation (2) In the case of public charter flights, because public charter operators and add a new § 1511.15 to read as to pay the amount of such fee (not follows: collected from passengers) to TSA. will not collect September 11th Security (d) Continuing payment of fees to Fees from passengers who purchase § 1511.15 Temporary Suspension of the TSA. (1) Direct and foreign air carriers tickets during the suspension period, ASIF. there will be instances where the escrow must pay to TSA any September 11th (a) Notwithstanding 49 CFR 1511.5 (a) Security Fees imposed on tickets payments that direct or foreign air carriers receive from public charter through (c) and 1511.7(b), an air carrier purchased during the month of May, or foreign air carrier engaged in air 2003, no later than June 30, 2003. In operators after September 30, 2003, will not include September 11th Security transportation will not incur any addition, any other security fees obligation to make payments to TSA for imposed prior to the suspension period, Fees for some or all of the tickets sold for a flight. If the public charter operator the months of the suspension period but not remitted by air carriers to TSA, that otherwise would be required under remain due to TSA during and after the did not collect the fee for this reason, the direct or foreign air carrier will not 49 CFR 1511.7(b) to be paid in July, suspension period. August, September, and October of (2) In the case of tickets purchased on incur any obligation to pay those fees to 2003. Payment due under 49 CFR public charter flights, direct and foreign TSA, notwithstanding 49 CFR part 1510. (f) Reporting requirements continue 1511.7(b) for May of 2003 remains due air carriers must continue to forward to during the suspension period. In by June 30, 2003. Any other ASIF TSA, in accordance with 49 CFR 1510, accordance with 49 CFR 1510.17, each incurred by an air carrier or foreign air any September 11th Security Fees paid direct and foreign air carrier must carrier prior to the suspension period, by passengers who purchased tickets provide TSA with quarterly reports that but not remitted to TSA, continues to be prior to the beginning of the suspension provide an accounting of fees imposed, due to TSA during and after the period. These payments continue to be collected, refunded, and remitted to suspension period. due to TSA by the last calendar day of TSA. If a carrier collects no fees during June, July, August, and September of (b) TSA will resume imposition of the the suspension period, the carrier must 2003. ASIF beginning October 1, 2003, submit the required report showing without any further notice. Therefore, (i) Example. If a passenger purchases a zeros in the appropriate fields in the ticket from a public charter operator on May each air carrier and foreign air carriers report. The Bureau of Transportation must resume making payments to TSA 15, 2003, for a flight that will take place on Statistics collects such data for TSA. June 15, 2003, the public charter operator under 49 CFR part 1511, beginning with will collect the September 11th Security Fee The Bureau website address for the payment due under 49 CFR from the passenger and place it in an escrow reporting the data is http://www.bts.gov/ 1511.7(b) no later than November 30, account. If the public charter operator oai/tsa/. For further information on 2003. provides the escrow funds to the carrier on these reporting requirements, air June 14, 2003, the carrier must pay the fee carriers may also contact Ms. Nancy Issued in Arlington, VA, on May 15, 2003. to TSA by July 31, 2003. Sharpe, Data Administrator, Bureau of James M. Loy, (ii) [Reserved] Transportation Statistics, Office of Administrator. (3) A carrier may offset fees refunded Airline Information, K–14, 400 Seventh [FR Doc. 03–12775 Filed 5–19–03; 10:52 am] to passengers during the suspension Street, SW., Room 4125, Washington, BILLING CODE 4910–62–P

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Proposed Rules Federal Register Vol. 68, No. 98

Wednesday, May 21, 2003

This section of the FEDERAL REGISTER 874–4448 or by electronic mail to of the Exchange Act or that are required contains notices to the public of the proposed [email protected]. to file periodic reports with the SEC issuance of rules and regulations. The Comments may be inspected and under section 15(d) of the Exchange Act purpose of these notices is to give interested photocopied at the OCC’s Public (public issuers). All registered national persons an opportunity to participate in the Reference Room, 250 E Street, SW., banks are public issuers for purposes of rule making prior to the adoption of the final rules. Washington, DC. You may make an the law. appointment to inspect comments by Pursuant to the amendments to calling (202) 874–5043. section 12(i) made by the Sarbanes- DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: Oxley Act, the OCC administers and Mary Ann Nash, Counsel, 202–874– enforces the following new provisions Office of the Comptroller of the 5090; or Martha Clarke, Acting Assistant of the Act with respect to registered Currency Director, Legislative & Regulatory national banks in addition to any new Activities Division, 202–874–5090. requirements that were added through 12 CFR Parts 11 and 16 SUPPLEMENTARY INFORMATION: amendments to sections of the Exchange [Docket No. 03–09] Act that were enforced by the OCC prior Background to the enactment of the Sarbanes-Oxley RIN 1557–AC12 Section 12(i) of the Exchange Act Act. vests the OCC with the powers, • Section 301 3 establishes certain Reporting and Disclosure functions, and duties otherwise vested oversight, independence, funding, and Requirements for National Banks With with the Securities and Exchange other requirements for the audit Securities Registered Under the Commission (SEC) to administer and committees of public issuers. It requires Securities Exchange Act of 1934; enforce certain provisions of the the SEC to issue implementing rules Securities Offering Disclosure Rules Exchange Act as they apply to national that prohibit any national securities AGENCY: Office of the Comptroller of the banks that have a class of securities exchange or national securities Currency. registered under the Exchange Act association from listing the securities of 1 ACTION: Notice of proposed rulemaking. (registered national banks). an issuer that fails to comply with these On July 30, 2002, President Bush audit committee requirements. The SEC SUMMARY: The Office of the Comptroller signed into law the Sarbanes-Oxley issued final rules to implement section of the Currency (OCC) is proposing to Act.2 Prior to the enactment of the 301 on April 9, 2003. 4 The rules took revise its regulations to reflect Sarbanes-Oxley Act, section 12(i) gave effect on April 25, 2003. amendments to the Securities Exchange the OCC the authority to administer and • Section 302 requires the SEC to Act of 1934 (Exchange Act) made by the enforce sections 12, 13, 14(a), 14(c), adopt rules that require the principal Sarbanes-Oxley Act of 2002 (Sarbanes- 14(d), 14(f), and 16 of the Exchange Act. executive officers and principal Oxley Act). These amendments to the The Sarbanes-Oxley Act amends some financial officers of public issuers to Exchange Act give the OCC the of those sections of the Exchange Act to include certain certifications in the authority to administer and enforce a impose additional requirements and, as issuer’s annual and quarterly reports number of the Sarbanes-Oxley Act’s a result, the OCC will administer and filed under the Exchange Act. The SEC new reporting, disclosure, and corporate enforce these new requirements as they issued final rules implementing this governance requirements with respect to apply to registered national banks. In section on August 29, 2002.5 The rules national banks that have a class of addition, the Sarbanes-Oxley Act took effect on the same day. securities registered under the Exchange amends section 12(i) to add new Act. We are also proposing to make sections of the securities laws to the list 3 U.S.C. 78j–1(m). conforming revisions to our rules which of provisions that are enforced and 4 68 FR 18788 (April 16, 2003). prescribe securities offering disclosure administered by the OCC. 5 67 FR 57275 (Sept. 9, 2002). Section 906 of the rules for national banks that issue Titles III and IV of the Sarbanes-Oxley Sarbanes-Oxley Act is a criminal statute and Act include a number of provisions that includes another certification requirement that is securities that are not subject to the separate from the certification requirements of registration requirements of Securities are designed to improve the corporate section 302. Section 906 provides that all periodic Act of 1933. governance and financial disclosures of reports that contain financial statements and that are filed by public issuers under sections 13(a) or DATES: Comments must be received by issuers that have a class of securities registered under sections 12(b) or 12(g) 15(d) of the Exchange Act must include a written June 20, 2003. certification by the chief executive officer and chief ADDRESSES: Written comments should financial officer (or equivalent) that (1) the report 1 Under section 12(i), the OCC and the other complies with the requirements of section 13(a) or be submitted to the Communications Federal banking agencies have the power to issue 15(d) of the Exchange Act, and (2) the information Division, Office of the Comptroller of rules that are necessary to carry out their functions contained in the periodic report fairly presents, in the Currency, 250 E Street, SW., under the Exchange Act. These rules are required all material respects, the financial condition and Attention: Docket No. 03–09, Public to be substantially similar to the SEC’s rules unless results of operations of the issuer. Section 906 a Federal banking agency determines that became effective on July 30, 2002, and persons who Information Room, Mailstop 1–5, substantially similar regulations with respect to the knowingly or willfully make false certifications are Washington, DC 20219. Due to insured depository institutions that it supervises are subject to specified criminal penalties. See 18 disruptions in paper mail delivery in not necessary or appropriate in the public interest U.S.C. 1350. The plain language of section 906 the Washington, DC area, commenters or for the protection of investors and the agency specifically refers to periodic reports filed by a publishes its findings in the Federal Register public issuer with the SEC although Section 12(i) are encouraged to submit comments by within 60 days after the SEC issues regulations. of the Exchange Act requires bank issuers to file fax or electronic mail when possible. 2 Public Law 107–204, 116 Stat. 745 (July 30, periodic reports with their banking regulator. Comments may be sent by fax to (202) 2002). Continued

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• Section 303 requires the SEC to accordance with generally accepted OCC any reports or forms required by issue rules prohibiting the officers and accounting principles (GAAP). The SEC the SEC’s regulations. directors of public issuers, and persons has issued final implementing We are proposing to amend part 11 to acting under their direction, from regulations,9 which apply to releases reflect the new provisions of the fraudulently influencing, coercing, and disclosures made after March 28, Sarbanes-Oxley Act that the OCC is manipulating, or misleading the issuer’s 2003, and to annual and quarterly required to administer and enforce with independent auditor for purposes of reports filed with respect to fiscal respect to registered national banks. rendering the issuer’s financial periods ending after March 28, 2003. Accordingly, the proposal revises § 11.2 statements materially misleading. The • Section 404 mandates that the SEC to cross-reference new subsection SEC published proposed rules issue rules that require all annual 10A(m) of the Exchange Act and implementing this section on October reports filed under section 13(a) or 15(d) sections 302, 303, 304, 306, 401(b), 404, 24, 2002.6 On April 24, 2003, the SEC of the Exchange Act to include certain 406, and 407 of the Sarbanes-Oxley Act. voted to adopt final rules, which will statements and assessments related to The effect of the proposal is to require take effect 30 days after publication in the issuer’s internal control structures registered national banks to comply the Federal Register.7 and procedures for financial reporting.10 with the rules issued by the SEC • Section 304 requires the chief There is no statutory deadline for pursuant to those statutory provisions. executive officer and chief financial adoption of final rules implementing the Part 16 of the OCC’s regulations, officer of public issuers to reimburse the requirements of section 404. The SEC entitled ‘‘Securities Offering Disclosure issuer for certain compensation and published a proposed rule on October Rules,’’ sets forth rules governing the profits received if the issuer is required 30, 2002.11 offer and sale of securities by national to restate its financial reports due to • Section 406 mandates that the SEC bank issuers that are not subject to the material noncompliance, as a result of adopt rules that require public issuers to registration and reporting requirements misconduct, with any financial (1) disclose in their periodic reports of the Securities Act of 1933.14 Section reporting requirements under the filed under the Exchange Act whether 16.20 of the regulation mirrors the Federal securities laws. The the issuer has adopted a code of ethics requirements of section 15(d) of the requirements of section 304 took effect for its senior financial officers and, if Exchange Act 15 and requires each on July 30, 2002. No implementing not, the reasons why such a code has national bank that files a registration regulations are required. not been adopted; and (2) promptly statement that has been declared • Section 306(a) prohibits the disclose on Form 8–K any change to, or effective by the OCC pursuant to part 16 directors and executive officers of any waiver of, the issuer’s code of ethics. to file the current and periodic reports public issuer of equity securities from The SEC published a final rule required by section 13 of the Exchange 16 purchasing, selling, or transferring any implementing this section on January Act in accordance with the SEC’s equity security acquired by the director 31, 2003. 12 The requirements of that regulation 15D, as if the securities or executive officer in connection with rule took effect on March 3, 2003. covered by the registration statement his or her service as a director or • Section 407 mandates that the SEC were securities registered pursuant to executive officer during any ‘‘blackout adopt rules that require public issuers to section 12 of the Exchange Act. period’’ with respect to the security. A disclose in their periodic reports filed The proposal revises section 16.20 to ‘‘blackout period’’ generally is a period under the Exchange Act whether the reference sections 10A(m) and 13 of the of three consecutive business days audit committee of the issuer includes Exchange Act and to cross-reference the during which trading in the issuer’s at least one financial expert and, if not, requirements of the revised securities is suspended for 50% or more the reasons why the audit committee § 11.2(a)(1)(ii). The effect of the proposal of the beneficiaries of the issuer’s does not include such an expert. The is to require banks filing registration individual account plans. The SEC SEC published a final rule statements pursuant to part 16 to adopted final regulations pursuant to implementing this section on January comply with certain provisions of the 8 Exchange Act, including new subsection section 306(a) on January 26, 2003. 31, 2003.13 The requirements of that 10A(m), and those sections of the The rules took effect on the same day. rule took effect on March 3, 2003. • Section 401(b) requires the SEC to Sarbanes-Oxley Act that are directly issue rules that prohibit issuers from Description of the Proposed Rule applicable to section 15(d) filers and including misleading pro forma Part 11 of the OCC’s regulations, that are administered and enforced by financial information in their reports entitled ‘‘Securities Exchange Act the OCC with respect to registered under the securities laws or in any Disclosure Rules,’’ currently national banks. The proposal is thus public release. Issuers also must implements the requirements of section consistent with the objectives of part 16, reconcile any pro forma financial 12(i) by applying to registered national which we adopted in order to promote information included in such filings or banks, by means of cross-reference, the generally comparable treatment between public releases with the issuer’s SEC’s regulations implementing the national bank issuers of securities and financial statements prepared in other issuers that are directly subject to reporting and disclosure provisions of 17 sections 12, 13, 14(a), 14(c), 14(d), 14(f), section 15(d). Sections 11.2 and 16.20 currently Because section 906 is a criminal statute, the and 16 of the Exchange Act. Part 11 cross-reference both the statutory Department of Justice has jurisdiction to determine requires national banks to file with the whether the requirements of the statute apply to provisions that the OCC has the issuers that file their periodic reports with the authority to administer and enforce and Federal banking agencies rather than the SEC. Until 9 68 FR 4820 (Jan. 30, 2003). the Department of Justice clarifies this issue, 10 Section 404 also requires the registered public the SEC’s regulations implementing national bank issuers should continue to file their accounting firm that prepares or issues the audit section 906 certifications as part of the periodic report for the issuer’s annual report to attest to, and 14 As of December 31, 2002, there were reports that they file with the OCC. report on, the issuer’s assessment of its internal approximately 20 national banks subject to the 6 67 FR 65325 (Oct. 24, 2002). control structures and procedures for financial requirements of part 16.20. 7 See SEC Press Release 2003–51 (Apr. 24 2003). reporting. 15 15 U.S.C. 78o(d). The publication of this rule in the Federal Register 11 67 FR 66207 (Oct. 30, 2002). 16 15 U.S.C. 78m. is pending. 12 68 FR 5110 (Jan. 31, 2003). 17 See 59 FR 54789, 54790 (Nov. 2, 1994) 8 68 FR 4338 (Jan. 28, 2003). 13 68 FR 5110 (Jan. 31, 2003). (preamble to most recent revisions to part 16).

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those provisions. The proposed rule clear? If so, which language requires section 12(i) of the Securities Exchange eliminates cross-references to the clarification? Act of 1934 (Exchange Act) made by the specific sections of the SEC’s • Would a different format (grouping Sarbanes-Oxley Act of 2002. These regulations in favor of a more general and order of sections, use of headings, amendments to section 12(i) give the reference to the rules, regulations, and paragraphing) make the regulation OCC the authority to administer and forms adopted by the SEC pursuant to easier to understand? If so, what enforce a number of the Sarbanes-Oxley the listed statutory provisions. The changes to the format would make the Act’s new reporting, disclosure, and existing statutory cross-references in regulation easier to understand? corporate governance requirements with parts 11 and 16 are adequate, in our • What else could we do to make the respect to national banks that have a judgment, to alert registered national regulation easier to understand? class of securities registered under the banks and national banks required by Exchange Act. Regulatory Analysis part 16 to make filings pursuant to The OCC is also proposing to make section 15(d) of the Exchange Act of the Regulatory Flexibility Act conforming revisions to 12 CFR part 16, requirements that apply to them and to Pursuant to section 605(b) of the which prescribes securities offering prompt them to consult the appropriate Regulatory Flexibility Act, 5 U.S.C. disclosure rules for national banks that SEC regulations. 605(b) (RFA), the regulatory flexibility issue securities that are not subject to National banks may also monitor the the registration requirements of the 18 analysis otherwise required under Federal Register, the SEC’s Web site, section 604 of the RFA is not required Securities Act of 1933. The proposed and other appropriate publications to if the agency certifies that the rule will rule amends section 16.20 to include ensure that they are aware of not have a significant economic impact references to the requirements of the developments that affect them. If the on a substantial number of small entities Sarbanes-Oxley Act that the OCC is rules or forms issued by the SEC under and publishes its certification and a authorized to administer and enforce. 12 CFR part 11 incorporates by these sections require issuers to file short, explanatory statement in the reference the applicable SEC documents with the SEC, national banks Federal Register along with its rule. As regulations. The OCC does not maintain must make such filings with the OCC in of December 31, 2002, there were its own forms for collecting information accordance with the provisions of part approximately 25 national banks that and instead requires reporting banks to 11 or part 16, as appropriate. had a class of securities registered under file SEC forms. Part 11 ensures that Request for Comments sections 12(b) or 12(g) of the Exchange publicly owned national banks provide Act and therefore subject to the The OCC solicits comment on all adequate information about their proposed amendments to part 11. As of aspects of the proposed rule. operation to current and potential the same date, only 15 of these Commenters who suggest that the OCC shareholders, depositors, and to the institutions have assets of less than $100 modify the requirements of the SEC’s public. The OCC reviews the million and are considered small rules, regulations, and forms for information to ensure that it complies entities for purposes of the RFA. See 5 registered national banks should with Federal law and makes public all U.S.C. 601; 13 CFR 121.201. As of support their request by demonstrating information required to be filed under December 31, 2002, there were how such a modification would satisfy these rules. Investors, depositors, and approximately 20 national banks subject the standard in section 12(i); that is, the public use the information to make to part 16 reporting requirements. with respect to registered national informed investment decisions. Based on the relatively small number banks, that the SEC’s rules, regulations Title: (MA)—Securities Exchange Act of national banks affected by the or forms are not necessary or Disclosure Rules (12 CFR part 11). appropriate in the public interest or for proposed revisions to parts 11 and 16 of OMB Number: 1557–0106. the protection of investors. our rules, the OCC hereby certifies that Form Numbers: SEC Forms 3, 4, 5, 8– this proposal will not have a significant K, 10, 10–K, 10–Q, Schedules 13D, 13G, Solicitation of Comments on Use of economic impact on a substantial 14A, 14B, and 14C. Plain Language number of small entities. Accordingly, a Estimated number of respondents: 75. Section 722 of the Gramm-Leach- regulatory flexibility analysis is not Estimated number of responses: 456. Bliley Act, Public Law 106–102, section needed. Average hours per response: Varies. 722, 113 Stat. 1338, 1471 (November 12, Paperwork Reduction Act of 1995 Estimated total burden hours: 4,156.5 1999), requires the Federal banking hours. agencies to use plain language in all In accordance with the Paperwork The likely respondents: National proposed and final rules published after Reduction Act of 1995, the OCC may not banks, individuals. January 1, 2000. We invite your conduct or sponsor, and a respondent is The information collection comments on how to make this proposal not required to respond to, an requirements in 12 CFR part 16 enable easier to understand. For example: information collection unless it displays the OCC to perform its responsibilities • Have we organized the material to a currently valid Office of Management relating to offerings of securities by suit your needs? If not, how could this and Budget (OMB) control number. national banks by providing the material be better organized? The information collection investing public with facts about the • Are the requirements in the requirements contained in this notice of condition of a bank, the reasons for proposed regulation clearly stated? If proposed rulemaking have been raising new capital, and the terms of not, how could the regulation be more submitted to OMB for review and securities offerings. Part 16 generally clearly stated? Is it appropriate to approval under OMB Control Number requires banks to conform to the eliminate specific cross-references in 1557–0106 ((MA)—Securities Exchange Securities and Exchange Commission our rules to specific provisions of the Act Disclosure Rules—12 CFR part 11) rules. SEC’s rules? and OMB Control Number 1557–0120 Title: (MA)—Securities Offering • Does the proposed regulation ((MA)—Securities Offering Disclosure Disclosure Rules (12 CFR part 16). contain language or jargon that is not Rules—12 CFR part 16). OMB Number: 1557–0120. The OCC is proposing to revise 12 Description: Sections 16.3 and 16.5 18 See http://www.sec.gov. CFR part 11 to reflect amendments to require a national bank to file its

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registration statement with the OCC. (4) Ways to minimize the burden of List of Subjects Section 16.4 requires a national bank to the information collection on 12 CFR Part 11 submit certain communications not respondents, including the use of deemed an offer to the OCC. Section automated collection techniques or Confidential business information, 16.5 provides an exemption for items other forms of information technology; National banks, Reporting and that satisfy the requirements of SEC and recordkeeping requirements, Securities. (5) Estimates of capital or start-up Rule 144, which, in turn, requires 12 CFR Part 16 certain filings. Section 16.6 requires a costs and costs of operation, national bank to file documents with the maintenance, and purchase of services National banks, Reporting and OCC and to make certain disclosures to to provide information. recordkeeping requirements, Securities. OMB is required to make a decision purchasers in sales of nonconvertible Authority and Issuance debt. Section 16.7 requires a national concerning these collections of bank to file a notice with the OCC. information between 30 and 60 days For the reasons set forth in the Section 16.8 requires a national bank to after publication of this document in the preamble, the OCC proposes to amend file offering documents with the OCC. Federal Register. Therefore, a comment parts 11 and 16 of chapter I of title 12 Section 16.15 requires a national bank is best assured of having its full effect of the Code of Federal Regulations as to file a registration statement and sets if OMB receives it within 30 days of follows: forth content requirements for the publication. Comments should be sent PART 11—SECURITIES EXCHANGE registration statement. Section 16.17 to: ACT DISCLOSURE RULES requires a national bank to file four Jessie Dunaway, Clearance Officer, Office of the Comptroller of the copies of each document filed under 1. The authority citation for part 11 is Currency, Legislative and Regulatory part 16, and requires filers of revised to read as follows: amendments or revisions to underline Activities Division, Attention: 1557– Authority: 12 U.S.C. 93a; 15 U.S.C. 78l, or otherwise indicate clearly any 0106 & 1557–0120, 250 E Street, SW., Mailstop 8–4, Washington, DC, 20219. 78m, 78n, 78p, 78w, 7241, 7242, 7243, 7244, changed information. Section 16.18 7261, 7262, 7264 and 7265. requires a national bank to file an Due to delays in delivery of paper mail amended prospectus when the in the Washington area, commenters are 2. Section 11.2 is revised to read as information in the current prospectus encouraged to submit comments by fax follows: becomes stale, or when a change in or email. Comments may be sent by fax to 202–874–4448 or by e-mail to § 11.2 Reporting requirements for circumstances makes the current registered national banks. prospectus incorrect. Section 16.19 [email protected]. Joseph F. Lackey, Jr., Desk Officer, (a) Filing, disclosure and other requires a national bank to submit a requirements—(1) General. Except as request to the OCC if it wishes to Office of Information and Regulatory Affairs, Attention: 1557–0106 & 1557– otherwise provided in this section, a withdraw a registration statement, national bank whose securities are amendment, or exhibit. Section 16.20 0120, Office of Management and Budget, Room 10235, Washington, DC 20503. subject to registration pursuant to requires a national bank to file current section 12(b) or section 12(g) of the and periodic reports as required by Comments may also be sent by e-mail to [email protected]. Securities Exchange Act of 1934 (the sections 10A and 13 of the Exchange 1934 Act) (15 U.S.C. 78l(b) and (g)) shall Act and those provisions of the Unfunded Mandates Reform Act comply with the rules, regulations, and Sarbanes-Oxley Act that the OCC is Section 202 of the Unfunded forms adopted by the Securities and authorized to enforce. Section 16.30 Mandates Reform Act of 1995 requires Exchange Commission (Commission) requires a national bank to include that an agency prepare a budgetary pursuant to— certain elements and follow certain impact statement before promulgating a (i) Sections 10A(m), 12, 13, 14(a), procedures in any request to the OCC rule that includes a Federal mandate 14(c), 14(d), 14(f) and 16 of the 1934 Act for a no-objection letter. that may result in expenditure by State, (15 U.S.C. 78f(m), 78l, 78m, 78n(a), (c), Estimated number of respondents: 73. local, and tribal governments, in the (d) and (f), and 78p); and Estimated number of responses: 73. aggregate, or by the private sector, or (ii) Sections 302, 303, 304, 306, Average hours per response: Varies. $100 million or more in any one year. 401(b), 404, 406 and 407 of the Estimated total burden hours: 2,275 If a budgetary impact statement is Sarbanes-Oxley Act of 2002 (codified at hours. required, section 205 of the Unfunded 15 U.S.C. 7241, 7242, 7243, 7244, 7261, Likely respondents: National banks. Mandates Reform Act also requires an 7262, 7264 and 7265). Comments agency to identify and consider a (2) [Reserved] reasonable number of regulatory (b) References to the Commission. The OCC invites comments on: alternatives before promulgating a rule. Any references to the ‘‘Securities and (1) Whether the collection of The OCC has determines that this Exchange Commission’’ or the information contained in the proposed proposal will not result in expenditure ‘‘Commission’’ in the rules, regulations rulemaking is necessary for the proper by State, local, and tribal governments, and forms described in paragraph (a)(1) performance of the OCC’s functions, in the aggregate, or by the private sector, of this section shall with respect to including whether the information has or $100 million or more in any one year. securities issued by registered national practical utility; Accordingly, we have not prepared a banks be deemed to refer to the OCC (2) The accuracy of the OCC’s budgetary impact statement. unless the context otherwise requires. estimate of the burden of the information collection, including the Executive Order 12866 PART 16—SECURITIES OFFERING validity of the methodology and The Comptroller of the Currency has DISCLOSURE RULES assumptions used; determined that this proposal does not (3) Ways to enhance the quality, constitute a ‘‘significant regulatory 1. The authority citation for part 16 utility, and clarity of the information to action’’ for the purposes of Executive continues to read as follows: be collected: Order 12866. Authority: 12 U.S.C. 1 et seq. and 93a.

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2. Section 16.20 is revised to read as proposing amendments to conform our amended by the Farm Security and follows: regulations to recent changes in the Rural Investment Act (Pub. L. 107–171) Farm Credit Act of 1971, as amended (2002 Farm Bill or FSRIA); and (3) to § 16.20 Compliance with requirements of (Act), to address comments we received help ensure that FCS association the securities laws. requesting that the FCA reduce lending complies with the Act and our (a) Each bank that files a registration regulatory burden, ensure compliance regulations. statement that has been declared with the Act, and clarify certain A. Reducing Regulatory Burden effective pursuant to this part shall regulations. comply with the rules, regulations, and In response to our regulatory burden forms adopted by the Commission DATES: Please send your comments to solicitation discussed above, CoBank, pursuant to sections 10A(m) and 13 of the FCA by June 20, 2003. ACB (CoBank), requested that we the Exchange Act and those provisions ADDRESSES: You may send comments by address several issues concerning of the Sarbanes-Oxley Act of 2002 that electronic mail to ‘‘[email protected],’’ regulations governing title III banks. are listed in § 11.2(a)(1)(ii) of this through the Pending Regulations section 1. Domestic Title III Lending chapter as if the securities covered by of FCA’s Web site, ‘‘http:// the registration statement were www.fca.gov,’’ or through the CoBank requested that we amend securities registered pursuant to section government-wide ‘‘http:// § 613.3100 that pertains to eligibility 12 of the Exchange Act (15 U.S.C. 78l). www.regulations.gov’’ portal. You may and scope of financing for domestic (b) Suspension of the duty to file also send comments to Robert E. borrowers because § 613.3100(c)(1) current and periodic reports under this Donnelly, Acting Director, Regulation appears to prohibit loans to subsidiaries section will be in accordance with and Policy Division, Office of Policy of subsidiaries of certain eligible section 15(d) of the Exchange Act (15 and Analysis, Farm Credit borrowers. Because the Act does not U.S.C. 78o(d)). Administration, 1501 Farm Credit Drive, prohibit financing subsidiaries or other (c) Paragraph (a) of this section does McLean, Virginia 22102–5090 or by entities in which an eligible utility or an not apply if the bank is a subsidiary of facsimile to (703) 734–5784. You may eligible cooperative has an ownership a one-bank holding company, the review copies of all comments we interest, we propose to clarify our financial statements of the bank and the receive at our office in McLean, regulations to permit a title III bank to parent bank holding company are Virginia. provide limited financing to such entities. The financing provided shall substantially the same, and the bank’s FOR FURTHER INFORMATION CONTACT: not exceed the percentage of ownership parent bank holding company files Dale Aultman, Policy Analyst, Office of current and periodic reports pursuant to attributable to the eligible cooperative or Policy and Analysis, Farm Credit utility, multiplied by the value of the section 13 of the Exchange Act (15 Administration, McLean, VA 22102– U.S.C. 78m). total assets of such entity. 5090, (703) 883–4498; TTY (703) 883– In addition, CoBank asked that we (d) Paragraph (a) of this section does 4434; or not apply if the bank files the amend § 613.3100(c)(2) to clarify that it James Morris, Senior Counsel, Office of authorizes financing activities broader registration statement in connection General Counsel, Farm Credit than those permitted under the Rural with a merger, consolidation, or Administration, McLean, VA 22102– Electrification Act. The legislative acquisition of assets subject to 12 CFR 5090, (703) 883–4020, TTY (703) 883– history of the Farm Credit Act of 1971, 5.33(e)(8). 4020. as amended, clearly demonstrates that Dated: April 29, 2003. SUPPLEMENTARY INFORMATION: Congress intended for banks for John D. Hawke, Jr., cooperatives (BCs) and agricultural Comptroller of the Currency. I. Objectives credit banks (ACBs) to provide [FR Doc. 03–12259 Filed 5–20–03; 8:45 am] The primary objectives of our financing for ‘‘non act’’ purposes.2 This BILLING CODE 4810–33–P proposal are to conform our regulations legislative history is discussed in the to recent statutory amendments and to preamble proposing the existing rule. reduce regulatory burden imposed on See 61 FR 42092, August 13, 1996. We FARM CREDIT ADMINISTRATION System institutions, while ensuring propose amending this section to clarify compliance with the Act and FCA that a subsidiary that is eligible to 12 CFR Parts 613, 614, and 618 regulations. We expect our amendments borrow under § 613.3100(c)(1)(iii) may to improve the flow of credit to System also obtain financing for energy-related RIN 3052–AC06 customers, make similar entity or public utility-related purposes that participation transactions less cannot be financed by the lenders Eligibility and Scope of Financing; burdensome, and help ensure referred to in § 613.3100(c)(1)(ii). Loan Policies and Operations; General compliance with the Act and FCA Operation of a licensed cable television Provisions; Credit and Related regulations. utility is one example of such purpose. Services Since the legislative history of the II. Background AGENCY: Farm Credit Administration. relevant language of section 3.8 of the We are proposing these amendments Act indicates that the permissible ‘‘non ACTION: Proposed rule. for three reasons: (1) To address act’’ purposes usually involve providing SUMMARY: The Farm Credit comments we received in response to of communication services such as cable Administration (FCA, we, our) proposes our request that the public identify ways television facilities and cellular radio to amend regulations governing we could reduce regulatory burden;1 (2) facilities, the permissible purposes do domestic and international lending, to conform our regulations to the Act, as not appear to be restricted to cable certain intra-Farm Credit System (FCS television or communication services. or System) agreements concerning 1 On August 18, 1998, we published a document 2 similar entity participation transactions, in the Federal Register inviting the public to ‘‘Non act’’ purpose means a purpose that is identify existing FCA regulations and policies that ineligible for financing by the Rural Utilities provisions of general financing impose unnecessary burdens on the System. See 63 Service (RUS) or the Rural Telephone Bank (RTB) agreements, and related services. We are FR 44176. as described in paragraph § 613.3100(c)(1)(ii).

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However, because title III generally basis for some approvals required by cooperative or eligible utility owns less authorizes lending to those that provide existing FCA regulations. than 50 percent of the entity, then the energy or utility services, it is However, the FSRIA did not amend financing provided may not exceed the reasonable to interpret section 3.8 of the the requirement in section 3.1 for percentage of ownership attributable to Act to authorize financing for ‘‘non act’’ approval to finance certain similar the eligible cooperative or utility, purposes, provided they are energy- entities having System loan multiplied by the value of the total related or public utility-related. commitments or who are System assets of such entity. customers. The proposed regulation 2. Related Services would codify the remaining approval Section 613.3100(c)(2)—Purposes for Financing Electric and CoBank also requested that we clarify requirement. We note that System Telecommunication Utilities that it is able to provide the same institutions may enter into agreements related services as Farm Credit Banks on such terms and conditions as they We propose to clarify that a BC or (FCBs) and BCs. We amended choose, including, where appropriate, ACB may provide financing for §§ 618.8000 and 618.8005 to clarify that annual agreements. subsidiaries of cooperatives or other CoBank has the same authority to entities that are eligible under C. Ensure Loan Making Complies With § 613.3100(c)(1)(ii) for energy-related or provide related services under title I of the Act and Regulations the Act as FCBs and the same public utility-related purposes even if authorities to provide related services During examinations of some System such purposes would be ineligible for under title III of the Act as BCs. institutions, we have identified loans financing by the RUS or the RTB. that fail to comply with various Section 3.8(b)(1)(A) of the Act B. Conforming FCA Regulations To requirements of the Act and our authorizes BCs and ACBs to finance Reflect Recent Amendments to the Act regulations. The Act provides FCA rural utilities that are eligible to borrow Enactment of the FSRIA amended the broad authorities and remedies with from the RUS or RTB, and their Act with respect to: respect to such ‘‘ineligible’’ loans. For subsidiaries. Although the Rural (1) International lending by BCs, and example, FCA may require a direct Electrification Act prohibits the RUS or (2) similar entity transactions. lender association to divest itself of the RTB from financing the activities of loan or cure the ineligibility. In certain subsidiaries, section 3.8(b)(1)(A) 1. International Lending appropriate cases, FCA may use its of the Act expressly authorizes a BC or FSRIA amended section 3.7 of the Act cease and desist or civil money penalty ACB to extend credit to the same to authorize a bank operating under title authorities. However, a review of subsidiaries. As FCA discussed in its III of the Act to finance certain general financing agreements (GFAs) preamble when the present § 613.3100 international transactions involving between FCBs and the ACB and their was proposed in 1996, the legislative ‘‘agricultural supplies.’’ This section direct lender associations has revealed history makes it clear the present formerly authorized a bank operating that, while most GFAs address ineligible language of section 3.8 of the Act was under title III of the Act to finance loans in some fashion, they do not all intended to authorize title III banks to certain transactions involving ‘‘farm expressly prohibit funding ineligible finance activities that are ineligible for supplies.’’ After the amendment of loans. RUS or RTB loans. See 61 FR 42092, section 3.7, CoBank can finance certain Without in any way limiting FCA’s August 13, 1996. Because the present transactions involving ‘‘agricultural other authorities or remedies under the language of § 613.3100(c)(2) could be supplies,’’ which is statutorily defined Act, the proposed regulations mandate narrowly read to limit such financing to to include a farm supply, agriculture- that the GFA between the funding bank subsidiaries that ‘‘operate a licensed related processing equipment, and the direct lender association cable television utility,’’ FCA is now agriculture-related machinery, and other expressly require that the calculation of proposing an amendment to clarify that capital goods related to the storage or financing available be based solely on banks operating under title III may handling of agricultural commodities or loans that comply with the Act and FCA provide such financing for any energy- products. Because of this amendment, regulations. related or public utility-related purpose. We believe it is important for the the definition of ‘‘farm supplies’’ in part III. Section-by-Section Analysis 613 no longer defines the limit of System to be able to finance these CoBank’s authority. The proposed rule Subpart B—Financing for Banks operations that provide valuable makes conforming changes to part 613 Operating Under Title III of the Farm services to rural consumers and to add a definition of ‘‘agricultural Credit Act essential revenues for rural utility systems. supply.’’ Sections 613.3100(b)(2)(ii) and 2. Similar Entity Participations 613.3100(c)(1)(v)—Domestic Lending Section 613.3200—International Lending FSRIA also amended sections We propose to clarify that a bank 3.1(11)(B) and 4.18A of the Act so that operating under title III may finance a We propose to conform our one type of FCS institution no longer subsidiary or other entity in which regulations to recent changes in section needs approval from another type of eligible cooperatives or certain eligible 3.7 of the Act made by FSRIA that FCS institution when it participates utilities have an ownership interest. authorize a bank operating under title III with a non-FCS lender in certain loans Proposed § 613.3100(b)(2)(ii) permits a of the Act to finance certain to a similar entity.3 These amendments title III bank to provide limited international transactions involving to the Act have eliminated the statutory financing to a subsidiary or other entity ‘‘agricultural supplies.’’ We propose to in which an eligible cooperative has an amend § 613.3200(a) by adding a 3 ‘‘Similar entity’’ means a party that is ineligible ownership interest. Proposed definition of ‘‘agricultural supply.’’ The for a loan from a Farm Credit bank or association, § 613.3100(c)(1)(v) permits a title III proposed definition of ‘‘agricultural but has operations that are functionally similar to bank to provide limited financing to a supply’’ in § 613.3200(a)(1) includes a the activities of eligible borrowers in that a majority of its income is derived from, or a majority of its subsidiary or other entity in which farm supply, agriculture-related assets are invested in, the conduct of activities that certain eligible utilities have an processing equipment, agriculture- are performed by eligible borrowers. ownership interest. If the eligible related machinery, and other capital

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goods related to the storage or handling remedies, proposed § 614.4125(a) would 12 CFR Part 618 of agricultural commodities or products. expressly state that if financing under a Agriculture, Archives and records, The term ‘‘farm supply,’’ which is GFA is based on a loan that FCA Banks, banking, Insurance, Reporting included in the new definition of determines does not comply with the and recordkeeping requirements, Rural ‘‘agricultural supply,’’ is defined in Act and these regulations, then the areas, Technical assistance. § 613.3200(a)(2). financing available must be recalculated For the reasons stated in the Subpart C—Similar Entity Authority without that loan. We emphasize that preamble, parts 613, 614, and 618 of Under Sections 3.1(11)(B) and 4.18A of the remedies described in this section chapter VI, title 12 of the Code of the Act do not limit our other authorities or Federal Regulations, are proposed to be remedies under the Act. amended as follows: Section 613.3300—Participations and Subpart A—Related Services Other Interests in Loans to Similar PART 613—ELIGIBILITY AND SCOPE Entities Section 618.8000—Definitions and OF FINANCING We propose to amend our regulations Section 618.8005—Eligibility to conform them to changes the 2002 1. The authority citation for part 613 Farm Bill made in sections 3.1(11)(B) We propose to amend §§ 618.8000(b) continues to read as follows: and 4.18A of the Act regarding similar and 618.8005(c) to clarify that ACBs Authority: Secs. 1.5, 1.7, 1.9, 1.10, 1.11, entity transactions. Because of these have the same authority to offer related 2.2, 2.4, 2.12, 3.1, 3.7, 3.8, 3.22, 4.18A, 4.25, changes, FCS institutions are no longer services under title III of the Act as BCs, 4.26, 4.27, 5.9, 5.17 of the Farm Credit Act required to obtain the approvals now and the same authority to offer related (12 U.S.C. 2013, 2015, 2017, 2018, 2019, required by present § 613.3300(d). services under title I of the Act as FCBs. 2073, 2075, 2093, 2122, 2128, 2129, 2143, 2206a, 2211, 2212, 2213, 2243, 2252). Although the FSRIA removed the Proposed § 618.8000(b) deletes the statutory provisions that were the basis phrase, ‘‘that is appropriate to the Subpart B—Financing for Banks of the § 613.3300(d) approval recipient’s on-farm, aquatic, or Operating Under Title III of the Farm requirements, it did not remove the cooperative operations’’ in order to Credit Act statutory requirement that a bank eliminate any possible confusion about operating under title III not participate limitations on related services offerings 2. Amend § 613.3100 by revising in a loan to a similar entity under under title III. Similarly, proposed paragraphs (b)(2)(ii), (c)(1)(v), and (c)(2) section 3.1 if the similar entity has a § 618.8005(c) deletes the phrase, to read as follows: loan or loan commitment outstanding ‘‘appropriate to cooperative operations.’’ § 613.3100 Domestic lending. with an FCB or association, unless In addition, proposed § 618.8005(a) agreed to by the FCB or association. (b) * * * adds the phrase ‘‘appropriate to on-farm Therefore, while we propose deleting * * * * * and aquatic operations’’ to the existing present § 613.3100(d) to reflect the (2) * * * paragraph, in order to reflect the elimination of other statutory approval * * * * * statutory limitation on related services requirements, we propose adding a new (ii) Any legal entity in which an section to reflect this statutory offered under title I. eligible cooperative (or a subsidiary or requirement. Proposed § 613.3100(d) IV. Regulatory Flexibility Act other entity in which an eligible requires a bank operating under title III cooperative has an ownership interest) to obtain the agreement of an FCB or Pursuant to section 605(b) of the has an ownership interest, provided that association in order to participate in a Regulatory Flexibility Act (5 U.S.C. 601 if the percentage of ownership loan to a similar entity under section 3.1 et seq.), the FCA hereby certifies that the attributable to the eligible cooperative is if the similar entity has a loan, or a loan proposed rule will not have a significant less than 50 percent, financing may not commitment outstanding, with the FCB economic impact on a substantial exceed the percentage of ownership or association. System institutions may number of small entities. Each of the attributable to the eligible cooperative structure the terms and conditions of banks in the System, considered multiplied by the value of the total the agreement to accommodate their together with its affiliated associations, assets of such entity; or specific situations. For example, they has assets and annual income in excess * * * * * may grant approvals on an annual basis of the amounts that would qualify them (c) * * * allowing similar entity participations in as small entities. Therefore, System * * * * * their chartered territory. institutions are not ‘‘small entities’’ as (1) * * * defined in the Regulatory Flexibility Subpart C—Bank/Association Lending * * * * * Act. Relationship (v) Any legal entity in which an List of Subjects eligible utility under paragraph (c)(1)(ii) Section 614.4125—Funding and of this section (or a subsidiary or other Discount Relationships Between Farm 12 CFR Part 613 entity in which an eligible utility under Credit Banks or Agricultural Credit paragraph (c)(1)(ii) has an ownership Banks and Direct Lender Associations Advertising, Aged, Agriculture, interest) has an ownership interest, Direct lender associations may not Banks, banking, Civil rights, Credit, Fair provided that if the percentage of make or hold any loan that does not housing, Marital status discrimination, ownership attributable to the eligible comply with the Act and FCA Religious discrimination, Rural areas, utility is less than 50 percent, financing regulations, including, without Sex discrimination, Signs and symbols. may not exceed the percentage of limitation, part 613. We propose to 12 CFR Part 614 ownership attributable to the eligible amend § 614.4125(a) to mandate that utility multiplied by the value of the each GFA require that the calculation of Agriculture, Banks, banking, Flood total assets of such entity. financing available be based solely on insurance, Foreign trade, Reporting and (2) Purposes for financing. A bank for loans that are in compliance. Without recordkeeping requirements, Rural cooperatives or agricultural credit bank limiting FCA’s other authorities or areas. may extend credit to entities that are

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eligible to borrow under paragraph (c)(1) 4.12, 4.12A, 4.13B, 4.14, 4.14A, 4.14C, 4.14D, adding in its place, the word ‘‘to’’ in of this section in order to provide 4.14E, 4.18, 4.18A, 4.19, 4.25, 4.26, 4.27, paragraph (c). 4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, electric or telecommunication services Dated: May 15, 2003. in a rural area. A subsidiary that is 7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit Act (12 U.S.C. 2011, 2013, 2014, 2015, 2017, Jeanette C. Brinkley, eligible to borrow under paragraph 2018, 2019, 2071, 2073, 2074, 2075, 2091, Secretary, Farm Credit Administration Board. (c)(1)(iii) of this section may also obtain 2093, 2094, 2097, 2121, 2122, 2124, 2128, [FR Doc. 03–12631 Filed 5–20–03; 8:45 am] financing from a bank for cooperatives 2129, 2131, 2141, 2149, 2183, 2184, 2201, or agricultural credit bank for energy- 2202, 2202a, 2202c, 2202d, 2202e, 2206, BILLING CODE 6705–01–P related or public utility-related purposes 2206a, 2207, 2211, 2212, 2213, 2214, 2219a, that cannot be financed by the lenders 2219b, 2243, 2244, 2252, 2279a, 2279a–2, referred to in paragraph (c)(1)(ii), 2279b, 2279c–1, 2279f, 2279f–1, 2279aa, POSTAL SERVICE including, without limitation, financing 2279aa–5); sec. 413 of Pub. L. 100–233, 101 Stat. 1568, 1639. to operate a licensed cable television 39 CFR Part 111 utility. Subpart C—Bank/Association Lending Customized MarketMail TM * * * * * Relationship 3. Amend § 613.3200 to read as AGENCY: Postal Service. 6. Amend § 614.4125(a) by adding a follows: ACTION: Proposed rule. a. Revise paragraph (a); and second sentence to read as follows: b. Remove the words ‘‘farm supplies’’ § 614.4125 Funding and discount SUMMARY: On March 14, 2003, the and add in their place, the words relationships between Farm Credit Banks or United States Postal Service, in ‘‘agricultural supplies’’ each place they agricultural credit banks and direct lender conformance with sections 3622 and appear in paragraphs (b) introductory associations. 3623 of the Postal Reorganization Act text, (c) introductory text, and (c)(1). (a) * * * Each general financing (39 U.S.C. 101 et seq.), filed a request for § 613.3200 International lending. agreement must require that the amount a recommended decision by the Postal of financing available to a direct lender Rate Commission (PRC) on the (a) Definitions. For the purpose of this association be based solely on loans that establishment of Customized section only the following definitions comply with the Act and these MarketMail TM as a minor classification apply: regulations. If financing under a general change. ThePRC designated this filing as (1) Agricultural supply includes: financing agreement is based on a loan Docket No. MC2003–1. (i) A farm supply; and that FCA determines does not comply In view of this filing, the Postal (ii) Agriculture-related processing with the Act and these regulations, then Service proposes to amend current equipment, agriculture-related the amount of financing available must mailing standards in the Domestic Mail machinery, and other capital goods be reduced by the amount of the Manual (DMM) that would permit related to the storage or handling of ineligible loan. mailers to mail irregular-shaped and agricultural commodities or products. (2) Farm supply refers to an input that * * * * * nonrectangular-shaped Regular is used in a farming or ranching Standard Mail and Nonprofit Standard PART 618—GENERAL PROVISIONS 1 4 operation. Mail pieces, including pieces that are ⁄ inch thick or less. Such pieces would be 7. The authority citation for part 618 * * * * * limited to the nonletter basic rate continues to read as follows: categories in the Standard Mail Regular Subpart C—Similar Entity Authority Authority: Secs. 1.5, 1.11, 1.12, 2.2, 2.4, Under Sections 3.1(11)(B) and 4.18A of and Nonprofit subclasses. 2.5, 2.12, 3.1, 3.7, 4.12, 4.13A, 4.25, 4.29, 5.9, Current mailing standards require that the Act 5.10, 5.17 of the Farm Credit Act (12 U.S.C. any mailpiece that is 1⁄4 inch thick or 2013, 2019, 2020, 2073, 2075, 2076, 2093, 4. Revise § 613.3300(d) to read as 2122, 2128, 2183, 2200, 2211, 2218, 2243, less may not be mailed if the piece is follows: 2244, 2252). not rectangular in shape. This ban on nonrectangular letter-size mail and, in § 613.3300 Participations and other Subpart A—Related Services some cases, nonrectangular flat-size interests in loans to similar entities. mail has limited the options available to 8. Amend § 618.8000(b) by revising * * * * * businesses and various organizations the first sentence to read as follows: (d) Approval by other Farm Credit that might wish to reach existing or System institutions. A bank for § 618.8000 Definitions. potential customers with advertising cooperatives or agricultural credit bank messages and designs—including the may not participate in a loan to a similar * * * * * (b) Related service means any service shape of the mailpiece—that are more entity under title III of the Act if the creative than those now permitted similar entity has a loan or loan or type of activity provided by a System bank or association that is appropriate under Postal Service mailing standards. commitment outstanding with a Farm Customized MarketMail (CMM) Credit Bank or an association chartered to the recipient’s operations, including control of related financial matters. would significantly overcome this under the Act, unless agreed to by the limitation under controlled Farm Credit Bank or association. *** * * * * * circumstances that would ensure PART 614—LOAN POLICIES AND minimal impact on Postal Service OPERATIONS § 618.8005 [Amended] operations, while allowing mailers the 9. Amend § 618.8005 by: latitude to target a specific audience 5. The authority citation for part 614 a. Adding the phrase ‘‘appropriate to with highly individualized mailpiece continues to read as follows: on-farm and aquatic operations’’ after designs. More creative designs could Authority: 42 U.S.C. 4012a, 4104a, 4104b, the word ‘‘services’’ in paragraph (a); encourage greater customer interest and 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, and response rates to promotions, 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, b. Removing the phrase ‘‘appropriate advertising, or other types of 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, to cooperative operations of’’ and communications.

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DATES: Submit comments on or before was specifically developed so that CMM mailer-supplied containers, including June 5, 2003. pieces would bypass mail processing those prepared as Express Mail and ADDRESSES: Mail or deliver written operations designed for fairly Priority Mail drop shipment, would be comments to the Manager, Mailing standardized, rectangular-shaped mail. required to be accompanied by sample containers for tare weight calculations. Standards, ATTN: Neil Berger, U.S. CMM Verification and Entry Postal Service, 1735 N. Lynn Street, Mailings with more than three different Room 3025, Arlington, VA 22209–6038. At the mailer’s option, CMM items types of containers or mailings Written comments may also be would have to be presented for postage consisting of nonidentical-weight pieces submitted via fax to (703) 292–4058. verification at the origin office under would be required to be presented using Copies of all written comments will be existing plant-verified drop shipment a manifest mailing system (MMS) under available for inspection and (PVDS) procedures as defined in DMM DMM P910 or any other available photocopying between 9 a.m. and 4 P950, prepared as Express Mail or postage payment system if approved by p.m., Monday through Friday, at the Priority Mail drop shipment standards the Business Mailer Support (BMS) Postal Service Headquarters Library, 475 under DMM M072, or taken directly to manager, Postal Service Headquarters. a destination Postal Service facility with L’Enfant Plaza SW., 11th Floor North, CMM containers would be required to Washington, DC. a business mail entry unit as a presorted mailing subject to the requirements in bear the correct container label and be FOR FURTHER INFORMATION CONTACT: DMM E610.8.0. endorsed to the attention of the delivery Garry A. Rodriguez, (212) 613–8748, Under the PVDS option, current unit supervisor or postmaster with New York Rates and Classification standards for a 200-piece minimum instructions to ‘‘open and distribute’’ Service Center; or Neil Berger, (703) volume would apply only to the entire the contents. At the DDU, the CMM 292–3645, Mailing Standards. PVDS mailing job rather than to the pieces would be distributed to mail SUPPLEMENTARY INFORMATION: A basic quantity for each destination delivery carriers for casing, and delivery, or in requirement for mailability in Domestic unit (DDU). Normally, the DDU is the the case of noncarrier offices, to clerks Mail Classification Schedule (DMCS) facility where the mail would be for distribution directly into post office § 6020 (and Domestic Mail Manual distributed to and cased for delivery by boxes. (DMM) § C010.1.1) is that ‘‘[a]ll items, the corresponding mail carrier or, for At the mailer’s option, every piece in other than keys and identification noncarrier offices, the facility where the a mailing would be permitted to bear devices, which are 0.25 inch thick or mail is distributed into post office the correct carrier route code under less must be rectangular in shape, at boxes. Transportation to each DMM M014. If applied, the carrier route least 3.5 inches in width, and at least 5 destination would be either on a vehicle code would require the use of CASS- inches in length.’’ Administrative owned or contracted by the mailer, or it certified software and the current USPS rulings issued by the Postal Service would be through the use of existing Carrier Route File scheme, hard-copy have interpreted and further clarified Express Mail or Priority Mail drop Carrier Route Files, or another AIS that the term ‘‘rectangular’’ implies that shipment standards in DMM D072. product containing carrier route rectangular mailpieces must have four CMM Preparation information, subject to DMM A930 and right-angle corners, four straight and A950. Carrier route information would regular edges, and no holes or other Each CMM mailing would be subject also require updating within 90 days voids within their dimensions. to the current minimum volume before the mailing date. Mailpieces that are 1⁄4 inch thick or requirement of 200 pieces for presorted thinner typically meet the dimensional Standard Mail mailpieces only. There CMM Rates standards for ‘‘letter-size mail’’ or ‘‘flat- would be, however, no minimum CMM pieces would be subject to the size mail.’’ These two mail processing volume requirements for packaging or basic nonletter piece rates, with no categories represent both the vast containerization because all mail destination entry discount, in the majority of mailpieces sorted and processing operations would be Standard Mail Regular and Nonprofit distributed in mail processing facilities bypassed. and virtually all mail sorted into cases Packaging of CMM pieces would be subclasses. Owing to the irregular or and delivered by Postal Service carriers. required for all types of containers used nonrectangular shape inherent with The requirement that mail must be in order to maintain mailpiece CMM pieces, such pieces would also be rectangular within certain dimensions orientation, inhibit movement of the subject to the residual shape surcharge for the typical letter-size or flat-size pieces, and ensure stability in transit. At (RSS). Currently, the RSS is applied mailpieces was established to ensure the same time, packaging would help only to mailable pieces within the that the Postal Service could efficiently protect the individual mailpieces from Standard Mail subclasses that are handle and deliver such mail, whether damage. The number of pieces in each prepared as a parcel or are not within by automated, mechanized, or manual package and the method of packaging the dimensional standards for either means. would be at the mailer’s discretion, letter-size mail or flat-size mail. CMM items would differ from other subject to applicable standards for CMM pieces would not be eligible for letter-size mail and flat-size mail that is suitable materials and package sizes in any destination entry discount, 1⁄4 inch thick or less in two significant DMM M020. automation rate, or other presort rate. In aspects. First, CMM items could be CMM would be required to be addition, because CMM pieces would nonrectangular or irregular in shape. prepared in containers as appropriate to not be handled in mail processing Second, such mail would be required to the volume of mail destined for the facilities, such pieces would not be bypass all Postal Service handling DDU. Equipment such as sleeved letter eligible for the parcel barcode discount, between the mailer’s plant (or point of trays, Express Mail and Priority Mail which currently is available to origin) and the post office delivery unit. containers (i.e., Postal Service pouches, appropriately barcoded pieces that are CMM items would therefore not be sacks, envelopes, and boxes) or also subject to the residual shape expected or required to be compatible envelopes or boxes supplied by the surcharge. Special services, as provided with mechanical or automated mailer would be permitted as in DMM S900, would not be available processing because their entry profile containers. Each mailing presented in for CMM pieces.

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CMM Postage Payment (3) Thickness: No less than 0.007 inch ZIP Codes included in addresses on at its thinnest point and no more than pieces claimed at Regular Standard Mail CMM pieces would be subject to the 3 same options of postage payment ⁄4 inch when measured at its thickest and Nonprofit Standard Mail rates to be (precanceled stamps, metered postage, point. verified and corrected within 12 months (4) Weight: No more than 3.3 ounces. before the mailing date using a method or permit imprint) for Standard Mail CMM pieces would be permitted to pieces as permitted by current standards approved by the Postal Service. This have voids or holes within their requirement ensures that mail is in DMM P600. CMM mailers would not dimensions, and they would also be addressed for the correct ZIP Code be required to obtain special mailing permitted to have a nonuniform destination and eliminates potential permits or authorizations other than thickness. If pieces are of nonuniform those already required for Regular or thickness, packages of CMM pieces misdirection of mail. The use of Nonprofit Standard Mail. would be required to be prepared by detached address labels (DALs) would Mailers would, in most cases, be counterstacking under DMM M020 to not be permitted for CMM pieces. required to pay postage through an ensure stability in transit. CMM Delivery approved manifest mailing system Mailpiece design approval by the (MMS) when more than three different manager of business mail entry in the Postal Service handling of CMM types of mailing containers are used or district serving the office of mailing, mailpieces would end when the mail when the mailing consists of though not required, would be highly carrier delivers the pieces to the nonidentical-weight pieces. Express recommended. Physical or graphic addresses shown on the pieces or when Mail and Priority Mail drop shipments content would be subject to current the postal employee distributes the generally are also better processed standards in DMM C020 and C030 and pieces to the correct post office boxes. through a manifesting system. The to any applicable nonpostal statutes and Deliverable CMM pieces would be Business Mail Support (BMS) manager regulations. at Headquarters would approve the delivered or left at the address, and manifest mailing systems and any other CMM Addressing CMM pieces that are undeliverable as postage payment system such as an Each CMM piece would be required to addressed because of an invalid address optional procedure. bear a complete mailing address would be discarded. CMM Markings and Endorsements including an accurate 5-digit ZIP Code Ancillary service endorsements used or ZIP+4 code. CMM pieces must bear for address correction services and the In addition to the current class and the exceptional address format or the forwarding and return of mail would not rate markings required for Standard occupant address format under DMM be available. Each piece would also be Mail pieces, CMM pieces would have to A040. required to bear the appropriate carrier bear the marking ‘‘CUSTOMIZED The exceptional address format uses release endorsement in DMM D042 MARKETMAIL’’ (or the approved both a recipient’s name and the (‘‘Carrier—Leave If No Response’’) to abbreviations ‘‘CUST MKTMAIL’’ or alternative ‘‘Current Occupant’’ or indicate that a deliverable CMM piece is ‘‘CMM’’). The standards and placement ‘‘Current Resident,’’ followed by a to be left in a safe location near the of applicable markings and complete delivery address, city, state, recipient’s mail receptacle if the piece endorsements would follow existing and ZIP Code or ZIP+4 code. If the cannot be placed inside the receptacle. requirements for Standard Mail pieces named recipient has moved, mail under DMM M012. bearing an exceptional address format is Although exempt from the notice and comment requirements of the CMM Physical Characteristics neither forwarded to the recipient’s new address nor returned to the sender. Administrative Procedure Act [5 U.S.C. CMM mailpieces could be constructed Instead, such mail is left at the indicated of 553(b), (c)] regarding proposed of any material that is safe for handling delivery address for the current rulemaking by 39 U.S.C. 410(a), the by Postal Service personnel. However, resident. Postal Service invites public comment CMM pieces would have to be The occupant address format does not on the following proposed revisions to sufficiently flexible to withstand normal use an actual recipient’s name but only the Domestic Mail Manual, incorporated handling required for carrier casing and the designation ‘‘Occupant,’’ in the Code of Federal Regulations. See delivery and for placement into mail ‘‘Householder,’’ or ‘‘Resident’’ in place 39 CFR 111.1. receptacles and post office boxes. of a name, followed by a complete CMM pieces would not be allowed to delivery address, city, state, and ZIP List of Subjects in 39 CFR Part 111 have attachments or enclosures. Code or ZIP+4 code. Mail bearing an Postal Service. However, it would be permissible for a occupant address is never forwarded or CMM piece to be constructed or returned. PART 111—[AMENDED] assembled from layers or parts to form The address block could be placed a single item. anywhere on the mailpiece as currently 1. The authority citation for 39 CFR For purposes of defining the permitted for flat-size mailpieces, part 111 continues to read as follows: dimensional requirements, a straight whether printed directly on the line drawn between the most distant mailpiece, or printed on an address Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, outer points on a CMM mailpiece would label permanently affixed to the piece. 401, 403, 404, 414, 416, 3001–3011, 3201– define the axis of its length and a The address and other mandatory 3219, 3403–3406, 3621, 3626, 5001. perpendicular line to that axis would be information such as postage indicia and 2. Amend the following sections of the axis of its height. The minimum and class and rate markings would be the Domestic Mail Manual (DMM) as set maximum dimensions and weight are as required to be clearly identifiable and forth below: follows: legible, following current mailing (1) Height: No less than 31⁄2 inches standards. Domestic Mail Manual (DMM) and no more than 12 inches. CMM pieces would be subject to the (2) Length: No less than 5 inches and standard for address quality and address * * * * * no more than 15 inches. list maintenance that requires all 5-digit

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C Characteristics and Content (1) The length and the axis of length endorsement ‘‘Carrier—Leave If No are determined by drawing a straight Response’’ as specified in M012. C000 General Information line between the two outer points most * * * * * C010 General Mailability Standards distant from each other. E Eligibility 1.0 MINIMUM AND MAXIMUM (2) The height is determined by DIMENSIONS drawing perpendicular lines to the * * * * * points that are the greatest distance E100 First-Class Mail 1.1 Minimum above and below the axis of length. The [Revise 1.1 to read as follows:] sum of these two lines defines the E110 Basic Standards height. For mailability, the following 1.0 CLASSIFICATION AND c. The maximum weight may not standards apply: DESCRIPTION exceed 3.3 ounces. a. All mailpieces (except Customized 1.1 Eligibility MarketMail mailed under E660 and keys d. Pieces may be rectangular or and identification devices mailed under nonrectangular, may be of irregular [Revise 1.1 to read as follows:] thickness, and may include die cuts, E130) that are 1⁄4 inch thick or less must All mailable matter may be sent as be rectangular, with four square corners holes, and voids. First-Class Mail (which for the purposes and parallel opposite sides. e. Pieces must be flexible enough to of the standards in 1.0 includes Priority b. All mailpieces must be at least fit inside a minimum-size mail Mail) or as Express Mail, except 7 8 31⁄2 inches high and at least 5 inches receptacle measuring 4 ⁄ inches wide, Customized MarketMail under E660 or long (see Exhibit 1.1). 147⁄8 inches high, and 57⁄8 inches long other matter prohibited by the c. All mailpieces must be at least (deep). respective standards. 0.007 inch thick. f. Design approval by the district * * * * * * * * * * business mail entry manager is not required, but it is recommended. E600 Standard Mail 1.3 Length and Height 3.0 RESIDUAL SHAPE SURCHARGE E610 Basic Standards * * * * * * * * * * [Redesignate current 1.3c as 1.3d and add [Revise redesignated 3.0 to read as follows:] 4.0 ENCLOSURES AND new 1.3c to read as follows:] Mail that is prepared as a parcel or is ATTACHMENTS c. Standard Mail Customized not letter-size or flat-size as defined in MarketMail. C050 is subject to a residual shape * * * * * * * * * * surcharge. Mail that is prepared as 4.3 Nonincidental First-Class Customized MarketMail under E660 is Enclosures C600 Standard Mail also subject to the residual shape [Revise first sentence of 4.3 to read as 1.0 DIMENSIONS surcharge. There are different surcharges for Presorted rate pieces and follows; no other change:] 1.1 Basic Standards Enhanced Carrier Route rate pieces. Letters or other pieces of These standards apply to Standard * * * * * nonincidental First-Class Mail, subject Mail: to postage at First-Class Mail rates, may D Deposit, Collection, and Delivery * * * * * be enclosed with Standard Mail (except [Revise 1.1b to read as follows:] D000 Basic Information matter mailed as Customized MarketMail under E660). * * * b. Presorted rate and Customized * * * * * MarketMail pieces are subject only to 4.4 Nonincidental First-Class D040 Delivery of Mail the basic mailability standards in C010. Attachments * * * * * * * * * * [Revise first sentence of 4.4 to read as [Redesignate current 2.0 through 5.0 as 3.0 D042 Conditions of Delivery follows; no other change:] through 6.0, respectively; add new 2.0 to read Letters or other pieces of as follows:] * * * * * [Revise heading of 7.0 to read as follows:] nonincidental First-Class Mail may be 2.0 CUSTOMIZED MARKETMAIL placed in an envelope and securely 7.0 CARRIER RELEASE Mailpieces prepared as Customized attached to the address side of a MarketMail (CMM) under E660 must [Redesignate current text of 7.0 as 7.1 and Standard Mail piece (except matter meet these additional standards and add heading to read as follows:] mailed as Customized MarketMail under E660), or of the principal piece, physical characteristics: 7.1 Parcels a. The material used for constructing as applicable. * * * the pieces, including paper, plastic, or An uninsured parcel may not be left 4.5 Attachment of Other Standard any other suitable material, must be free in an unprotected place, such as a porch Mail Matter of sharp edges, protrusions, and other or stairway, unless the addressee has filed a written order, or the mailer has [Revise introductory sentence and 4.5b to design elements that could cause harm read as follows:] or injury to USPS personnel handling endorsed the parcel ‘‘Carrier—Leave If these pieces. No Response.’’ The endorsement must The front or back cover page of a b. The dimensions of the pieces must appear directly below the return address Standard Mail piece (except Customized not be smaller than the minimum as specified in M012. MarketMail) may bear an attachment dimensions for letter-size mail in C050 [Add new 7.2 to read as follows:] that is also Standard Mail matter if: or greater than the maximum * * * * * 7.2 Customized MarketMail dimensions for flat-size mail in C050. b. The material qualifies for and is Length and height are defined as Any matter mailed as Customized mailed at Standard Mail rates. follows: MarketMail under E660 must bear the * * * * *

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5.0 RATES c. Individual Rates. There are separate E620 Presorted Rates minimum per piece rates for each 5.1 General Information * * * * * subclass (Regular, Enhanced Carrier [Revise heading and text of 3.0 to read as [Revise 5.1 to read as follows:] Route, Nonprofit, and Nonprofit follows:] Enhanced Carrier Route) and within All Standard Mail rates are presorted 3.0 RESIDUAL SHAPE SURCHARGE rates (including all nonprofit rates). each subclass for the type of mailing These rates apply to mailings meeting and the level of presort within each Presorted Standard Mail that is the basic standards in E610 and the mailing under E620, E630, E640, and prepared as a parcel or is not letter-size corresponding standards for Presorted E660. Except for Customized or flat-size as defined in C050 is subject rates under E620, Enhanced Carrier MarketMail, discounted per piece rates to a residual shape surcharge. Route rates under E630, automation also may be claimed for destination * * * * * rates under E640, or Customized entry mailings (destination bulk mail center (DBMC), destination sectional MarketMail rates under E660. Except for E630 Enhanced Carrier Route Rates Customized MarketMail, destination center facility (DSCF), and destination entry discount rates are available under delivery unit (DDU)) under E650. DDU * * * * * rates are available only for mail entered E650, and barcode discounts are 5.0 RESIDUAL SHAPE SURCHARGE available for machinable parcels under at Enhanced Carrier Route or Nonprofit [Revise 5.0 to read as follows:] E620. A mailpiece is subject to the Enhanced Carrier Route rates. See R600 residual shape surcharge if it is for individual per piece rates. Enhanced Carrier Route Standard prepared as a parcel, or if it is not letter- 5.3 Piece/Pound Rates Mail that is prepared as a parcel or is size or flat-size under C050, or if it is not letter-size or flat-size as defined in [Revise 5.3 by adding a new sentence after prepared as Customized MarketMail C050 is subject to a residual shape the first sentence to read as follows; no other surcharge. under E660. Nonprofit rates may be change:] used only by organizations authorized * * * * * by the USPS under E670. Not all * * * Pieces exceeding 3.3 ounces may E650 Destination Entry processing categories qualify for every not be mailed as Customized rate. Pieces are subject to either a single MarketMail. * * * 1.0 BASIC STANDARDS minimum per piece rate or a combined * * * * * 1.1 Rate Application piece/pound rate, depending on the [Revise heading of 5.4 to read as follows:] weight of the individual pieces in the [Revise first sentence of 1.1 to read as 5.4 Machinable Parcel Barcode mailing under 5.2 or 5.3. follows; no other change:] Discount 5.2 Minimum per Piece Rates Except for Customized MarketMail as [Revise last sentence to read as follows:] defined in E660, Regular, Nonprofit, The minimum per piece rates (i.e., the * * * Pieces mailed at Enhanced Enhanced Carrier Route, and Nonprofit minimum postage that must be paid for Carrier Route, Nonprofit Enhanced Enhanced Carrier Route Standard Mail each piece) apply as follows: Carrier Route, or Customized meeting the basic standards in E610 * * * * * MarketMail rates are not eligible for a may qualify for the destination BMC, [Revise 5.2b and 5.2c to read as follows:] barcoded discount. SCF, or DDU entry rates, as applicable, if deposited at the correct destination b. Letters and Nonletters. In applying 5.5. Residual Shape Surcharge postal facility, subject to the general the minimum per piece rates, a standards below and the specific mailpiece is categorized as either a letter [Revise 5.5 to read as follows:] standards in 5.0, 6.0, and 7.0, or a nonletter, based on whether the Standard Mail that is prepared as a respectively. * * * piece meets the letter-size standard in parcel or is not letter-size or flat-size as C050, without regard to placement of * * * * * defined in C050 is subject to a residual [Add new E660 to read as follows:] the address on the piece, except under shape surcharge. Mail that is prepared these conditions: as Customized MarketMail under E660 E660 Customized MarketMail (1) If the piece meets both the is also subject to the residual shape Summary definition of a letter in C050 and the surcharge. There are different definition of an automation flat in C820, surcharges for Presorted rate pieces and E660 describes the eligibility the piece may be prepared and entered Enhanced Carrier Route rate pieces. standards for Customized MarketMail at an automation flat (nonletter) rate. Only the surcharges for Presorted rate (CMM) including standards for (2) If the piece is prepared for pieces apply to Customized MarketMail. minimum volumes, addressing, and drop shipment. automation letter rates, address * * * * * placement is used to determine the 1.0 BASIC STANDARDS length when applying the size standards 9.0 SPECIAL SERVICES and aspect ratio requirements to qualify * * * * * 1.1 General for automation letter rates under C810. Customized MarketMail (CMM) is an For this purpose, the length is 9.3 Ineligible Matter option for mailing nonrectangular and considered to be the dimension parallel Special services may not be used for irregular-shaped Regular Standard Mail to the address. any of the following types of Standard and Nonprofit Standard Mail pieces if (3) If the piece is mailed as Mail: the pieces weigh 3.3 ounces or less and Customized MarketMail under E660, the * * * * * meet the physical characteristics and piece is always subject to the applicable [Add 9.3e to read as follows:] the dimensional requirements in C600 Regular or Nonprofit Standard Mail and the mail preparation standards in basic nonletter per piece rate and must e. Pieces mailed as Customized M660. Other Regular and Nonprofit not exceed the maximum weight for MarketMail. Standard Mail measuring 3⁄4 inch thick those rates. * * * * * or less and meeting the applicable

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standards in C600, E660, and M660 may under P950. Minimum volumes per listed below may not be part of the same be entered as CMM at the mailer’s destination are not required. mailing. See M041, M045, M610, M620, option. CMM must be entered directly at and M900 for copalletized, combined, or 2.0 RATES a destination delivery unit (DDU). mixed-rate mailings. Each CMM piece is subject to the 1.2 Basic Standards * * * * * Presorted Regular or Nonprofit Standard [Add 1.4d(8) to read as follows:] All pieces in a CMM mailing must: Mail nonletter, nondestination entry (8) Customized MarketMail and any a. Meet the basic standards for basic rate plus the residual shape other type of mail. Standard Mail in E610 and, for surcharge. CMM is not eligible for the Nonprofit Standard Mail, the additional parcel barcode discount. * * * * * standards in E670. 3.0 SPECIAL SERVICES M012 Markings and Endorsements b. Be part of a single mailing of at least 200 addressed pieces. All pieces CMM is not eligible for any special * * * * * must be identical in size, shape, and service. 2.0 MARKINGS—FIRST-CLASS MAIL weight unless excepted by standard * * * * * AND STANDARD MAIL under an approved postage payment E700 Package Services system. 2.1 Placement c. Bear a complete delivery address E710 Basic Standards Markings must be placed as follows: using the exceptional address format or 1.0 BASIC INFORMATION * * * * * occupant address format under A040 [Revise 2.1b to read as follows:] 1.1 Definition with the correct ZIP Code or ZIP+4 b. Other Markings. The rate-specific code. Each piece must also bear a carrier [Revise first sentence of 1.1 to read as markings ‘‘AUTO,’’ ‘‘AUTOCR,’’ release endorsement as specified by follows; no other change:] ‘‘Presorted’’ (or ‘‘PRSRT’’); ‘‘Single- D042.7.0. These additional addressing Package Services mail consists of Piece’’ (or ‘‘SNGLP’’) (First-Class Mail standards apply: mailable matter that is neither mailed or only); and ‘‘ECRLOT,’’ ‘‘ECRWSH,’’ (1) Detached address labels (DALs) required to be mailed as First-Class Mail ‘‘ECRWSS,’’ and ‘‘Customized under A060 are not permitted. nor entered as Periodicals (unless MarketMail’’ (or ‘‘CUST MKTMAIL’’ or (2) Ancillary service endorsements permitted or required by standard) or as ‘‘CMM’’) (Standard Mail only)) may be under F010 are not permitted. Customized MarketMail as defined in placed as follows: (3) All 5-digit ZIP Codes included in E660. * * * (1) In the location specified in 2.1a. addresses on pieces must be verified * * * * * (2) In the address area on the line and corrected within 12 months before directly above or two lines above the the mailing date, using a USPS- F Forwarding and Related Services address if the marking appears alone or approved method. The mailer’s F000 Basic Services if no other information appears on the signature on the postage statement line with the marking except optional F010 Basic Information certifies that this standard has been met endorsement line information under when the corresponding mail is * * * * * M013 or carrier route package presented to the USPS. This standard information under M014. applies to each address individually, 5.0 CLASS TREATMENT FOR ANCILLARY SERVICES (3) If preceded by two asterisks (**), not to a specific list or mailing. An the ‘‘AUTO,’’ ‘‘AUTOCR,’’ address meeting this standard may be * * * * * ‘‘PRESORTED’’ (or ‘‘PRSRT’’), used in mailings at any other rates to 5.3 Standard Mail ‘‘CUSTOMIZED MARKETMAIL’’ (or which the standard applies during the ‘‘CUST MKTMAIL’’ or ‘‘CMM’’), or 12-month period after its most recent Undeliverable-as-addressed (UAA) ‘‘Single-Piece’’ (or ‘‘SNGLP’’) marking update. Standard Mail is treated as described in also may be placed on the line directly (4) At the mailer’s option, a carrier Exhibit 5.3a and Exhibit 5.3b, with these above or two lines above the address in route information line under M014 may additional conditions: a mailer keyline or a manifest keyline, be added. If this option is used, a carrier * * * * * or it may be placed above the address route code must be applied to every [Add 5.3k to read as follows:] and below the postage in an MLOCR piece in the mailing and must be k. Customized MarketMail under ink-jet printed date correction/meter applied using CASS-certified software E660 is not eligible to use ancillary drop shipment line. Alternatively, the and the current USPS Carrier Route File service endorsements. ‘‘AUTO,’’ ‘‘AUTOCR,’’ ‘‘PRSRT,’’ or scheme, hard copy Carrier Route Files, * * * * * ‘‘SNGLP’’ marking may be placed to the or another AIS product containing left of the barcode clear zone (subject to carrier route information, subject to M Mail Preparation and Sortation the standards in C840) on letter-size A930 and A950. Carrier route M000 General Preparation Standards pieces. information must be updated within 90 * * * * * days before the mailing date. M010 Mailpieces d. Be marked, sorted, and M011 Basic Standards M070 Mixed Classes documented as specified in M660. * * * * * e. Be entered at the destination 1.0 TERMS AND CONDITIONS delivery unit appropriate to the delivery * * * * * M072 Express Mail and Priority Mail address on the corresponding mail, as a Drop Shipment 1.4 Mailings mailing subject to the applicable 1.0 BASIC STANDARDS requirements in E650, as a mailing using Mailings are defined as: Express Mail or Priority Mail drop * * * * * 1.1 Enclosed Mail shipment under M072, or as a plant- d. Standard Mail. Except as provided [Revise last sentence of 1.1 to read as follows; verified drop shipment (PVDS) mailing in E620.1.2, the types of Standard Mail no other change:]

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* * * When a drop shipment is 1.0 BASIC STANDARDS 2.0 PREPARATION destined to a 5-digit facility, then 1.1 All Mailings 2.1 Packaging sacking or traying is not required for letters or flats, if all enclosed presort All mailings and all pieces in each Two or more pieces to the same 5- destination packages are destined to the mailing prepared as Customized digit destination must be packaged same 5-digit ZIP Code as the Express MarketMail (CMM) are subject to under M020 in any container to Mail or Priority Mails pouch, sack, or specific preparation standards in 1.0 maintain the integrity and stability of container. and 2.0 and to these general standards: the pieces throughout transit and * * * * * a. All pieces must meet the standards handling. The maximum weight for any for basic eligibility in E610 and specific package is 20 pounds. Pieces of irregular 1.3 Containers for Expedited eligibility in E660. Nonprofit Standard thickness must also be counterstacked Transport Mail must meet the additional eligibility as provided in M020. At the mailer’s [Revise 1.3 to read as follows:] standards in E670. option, CMM may be prepared in carrier b. CMM pieces must not be part of a route packages, subject to the applicable Acceptable containers for expedited mailing containing any other type of standards in M050 and E630. transport are as follows: Standard Mail. a. An Express Mail drop shipment c. Each mailing must meet the 2.2 Containers must be contained in a blue and orange applicable standards for mail If more than three types of containers Express Mail pouch, except that preparation in M010 and M020 and the Customized MarketMail under E660 are used, the mailing must be prepared following: using an approved manifest mailing may be contained in USPS-provided (1) Subject to the marking standards Express Mail envelopes and cartons or system (MMS) under P910, unless the in M012, Regular Standard Mail pieces Business Mailer Support (BMS) manager in any properly labeled container must be marked ‘‘Presorted Standard’’ supplied by the mailer. approves another postage payment (or ‘‘PRSRT STD’’) and Nonprofit system. Each mailing presented in b. A Priority Mail drop shipment must Standard Mail pieces must be marked mailer-supplied containers must be be contained in either an orange Priority ‘‘Nonprofit Organization’’ (or accompanied by sample containers for Mail sack or a letter-size tray, except ‘‘Nonprofit Org.’’ or ‘‘Nonprofit’’). All tare weight calculations. The size of the that Customized MarketMail under E660 pieces must also be marked Customized containers must be appropriate to the may be contained in USPS-provided MarketMail,’’ ‘‘CUST MKTMAIL,’’ or dimensions of the pieces, and the Priority Mail envelopes and cartons or ‘‘CMM.’’ number of containers must be in any properly labeled container (2) At the mailer’s option, a carrier appropriate to the volume of pieces in supplied by the mailer. route information line under M014 may the mailing. If Express Mail or Priority * * * * * be added. If this option is used, a carrier Mail drop shipment is used, containers 1.7 Label 23 route code must be applied to every are subject to the standards in M072. piece in the mailing and must be [Revise 1.7 to read as follows:] applied using CASS-certified software 2.3 Containerizing and Labeling As an alternative to sacks for Priority and the current USPS Carrier Route File Mail must be prepared in 5-digit, 5- Mail drop shipments, letter trays or scheme, hard copyCarrier Route Files, digit scheme using L606, or 5-digit mailer-supplied containers for or another AIS product containing carrier route containers, with no Customized MarketMail under E660 carrier route information, subject to minimum volume (piece or weight) may be used. Label 23 is affixed to the A930 and A950. Carrier route required for an individual container. In letter tray or mailer-supplied container. information must be updated within 90 addition to the required labeling, A single Label 23 may be used to days before the mailing date. mailer-supplied containers must be identify two letter trays strapped d. All pieces in the mailing must meet marked ‘‘DELIVERY UNIT—OPEN AND together. The two trays must be of the specific sortation and preparation DISTRIBUTE’’ on the container label or identical size, and each individual tray standards in M660. on the address side of the container. must be strapped under M033.1.5. Label e. Pieces are subject to the rate Containers are prepared and labeled as 23 must be affixed to the sleeve of the eligibility specified in E660. follows: top tray before strapping. These trays 1.2 Postage a. PVDS drop shipments must be must be strapped securely around the prepared in 5-digit or 5-digit carrier length of the two trays. The total weight CMM is subject to the same options of postage payment (precanceled stamps, route letter trays or in mailer-supplied of two trays strapped together or mailer- containers and labeled as follows: supplied containers used for CMM may metered postage, or permit imprint) for not exceed 70 pounds. Standard Mail as permitted under P600. (1) Line 1: City, state, and 5-digit ZIP Code on mail. * * * * * 1.3 Documentation (2) Line 2: ‘‘DELIVERY UNIT—STD A complete, signed postage statement, CMM.’’ using the correct USPS form or an M600 Standard Mail (3) Line 3: Office of mailing or mailer approved facsimile with the residual information (see M031). * * * * * shape surcharge, must accompany each [Add new M660 to read as follows:] mailing. Mailings of nonidentical- b. Express Mail and Priority Mail drop M660 Customized MarketMail weight pieces or mailings using more shipments must be prepared in USPS- than three different types of containers provided Express Mail or Priority Mail Summary must also be supported by standardized containers (i.e., pouches, sacks, cartons, M660 describes the basic preparation documentation meeting the standards in or envelopes) or in mailer-supplied and marking standards for P012. Documentation for nonidentical- containers and must be labeled under CustomizedMarketMail (CMM) meeting weight pieces is not required if the M072. the eligibility standards in E660. correct rate is affixed to each piece. * * * * *

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P Postage and Payment Methods Priority Mail segment, and the mail Customized MarketMail, C600, E660, enclosed may receive only the following M660 P000 Basic Information services: * * * * * * * * * * a. First-Class Mail may be sent with Standard Mail P040 Permit Imprints certified, special handing, or, for First- Class Mail parcels only, electronic * * * * * * * * * * option Delivery Confirmation or mail preparation 4.0 INDICIA FORMAT electronic option Signature * * * * * Confirmation. 4.1 Basic Standard Customized MarketMail, M660 b. Standard Mail subject to the * * * * * Exhibit 4.1b Indicia Formats residual shape surcharge (except An appropriate amendment to 39 CFR [Revise Exhibit 4.1b, Standard Mail by Customized MarketMail) may be sent 111 to reflect these changes will be adding an example of with electronic option Delivery published if the proposal is adopted. ‘‘CustomizedMarketMail,’’ ‘‘Cust MktMail,’’ Confirmation. Neva R. Watson, or ‘‘CMM’’ marking.] c. Package Services mail may be sent with special handling or, for Package Attorney, Legislative. Services parcels only, electronic option [FR Doc. 03–12719 Filed 5–20–03; 8:45 am] Delivery Confirmation or electronic BILLING CODE 7710–12–P option Signature Confirmation. * * * * * FEDERAL COMMUNICATIONS S500 Special Services for Express Mail COMMISSION * * * * * 47 CFR Part 73 2.0 EXPRESS MAIL DROP SHIPMENT [DA 03–1545, MB Docket No. 03–118, RM– * * * * * [Revise 2.0 to read as follows:] 10585] R Rates and Fees For an Express Mail drop shipment, Digital Television Broadcast Service; * * * * * the content of each Express Mail pouch Butte, MT R600 Standard Mail is considered one mailpiece for indemnity coverage, and the mail AGENCY: Federal Communications 1.0 REGULAR STANDARD MAIL enclosed may receive only the following Commission. * * * * * services: ACTION: Proposed rule. a. First-Class Mail may be sent with SUMMARY: The Commission requests 1.2 Nonletters—3.3 oz. or Less certified, special handing, or, for First- comments on a petition filed by KXLF * * * * * Class Mail parcels only, electronic Communications, Inc., licensee of [Add footnote 2 to ‘‘Presorted’’ to read as option Delivery Confirmation or KXLF–TV, NSTC channel 4, Butte, follows:] electronic option Signature Montana, requesting the substitution of Confirmation. 2. Customized MarketMail pieces are DTV channel 5 for DTV channel 15. subject to the Basic nondestination b. Priority Mail may be sent with DTV Channel 5 can be allotted to Butte, entry nonletter rate, plus the residual certified, special handing, electronic Montana, at reference coordinates 46– shape surcharge. option Delivery Confirmation, or 00–27 N. and 112–26–30 W. with a * * * * * electronic option Signature power of 10.7, a height above average Confirmation. 3.0 NONPROFIT STANDARD MAIL terrain HAAT of 588 meters. Since the c. Standard Mail subject to the community of Butte is located within * * * * * residual shape surcharge (except 400 kilometers of the U.S.-Canadian 3.2 Nonletters—3.3 oz. or Less Customized MarketMail) may be sent border, concurrence from the Canadian with electronic option Delivery must be obtained for this allotment. * * * * * Confirmation. DATES: Comments must be filed on or [Add footnote 2 to ‘‘Presorted’’ to read as follows:] d. Package Services mail may be sent before July 7, 2003, and reply comments with special handling or, for Package on or before July 22, 2003. 2. Customized MarketMail pieces are Services parcels only, electronic option ADDRESSES: The Commission permits subject to the Basic nondestination Delivery Confirmation or electronic the electronic filing of all pleadings and entry nonletter rate, plus the residual option Signature Confirmation. comments in proceeding involving shape surcharge. * * * * * petitions for rule making (except in * * * * * broadcast allotment proceedings). See I Index Information S Special Services Electronic Filing of Documents in Rule I000 Information Making Proceedings, GC Docket No. 97– S000 Miscellaneous Services * * * * * 113 (rel. April 6, 1998). Filings by paper * * * * * can be sent by hand or messenger I020 References delivery, by commercial overnight S070 Mixed Classes * * * * * courier, or by first-class or overnight 1.0 BASIC INFORMATION U.S. Postal Service mail (although we I022 Subject Index continue to experience delays in [Revise 1.0 to read as follows:] * * * * * receiving U.S. Postal Service mail). The For a Priority Mail drop shipment, no [Add the following two entries to read as Commission’s contractor, Vistronix, special services may be added to the follows:] Inc., will receive hand-delivered or

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messenger-delivered paper filings for List of Subjects in 47 CFR Part 73 NMFS, One Blackburn Drive, the Commission’s Secretary at 236 Digital television broadcasting, Gloucester, MA 01930–2298. Massachusetts Avenue, NE., Suite 110, Television. Copies of supporting documents used Washington, DC 20002. The filing hours by the Summer Flounder, Scup, and at this location are 8 a.m. to 7 p.m. All For the reasons discussed in the Black Sea Bass Monitoring Committee hand deliveries must be held together preamble, the Federal Communications and of the Environmental Assessment, with rubber bands or fasteners. Any Commission proposes to amend 47 CFR Regulatory Impact Review, Initial envelopes must be disposed of before Part 73 as follows: Regulatory Flexibility Analysis (EA/ entering the building. Commercial PART 73—RADIO BROADCAST RIR/IRFA) are available from Daniel overnight mail (other than U.S. Postal SERVICES Furlong, Executive Director, Mid- Service Express Mail and Priority Mail) Atlantic Fishery Management Council, must be sent to 9300 East Hampton 1. The authority citation for part 73 Room 2115, Federal Building, 300 South Drive, Capitol Heights, MD 20743. U.S. continues to read as follows: Street, Dover, DE 19901–6790. The EA/ Postal Service first-class mail, Express Authority: 47 U.S.C. 154, 303, 334 and 336. RIR/IRFA is also accessible via the Mail, and Priority Mail should be Internet at http:/www.nero.nmfs.gov. addressed to 445 12th Street, SW., § 73.622 [Amended] FOR FURTHER INFORMATION CONTACT: Washington, DC 20554. All filings must 2. Section 73.622(b), the Table of Sarah McLaughlin, Fishery Policy be addressed to the Commission’s Digital Television Allotments under Analyst, (978) 281–9279, fax (978) 281– Secretary, Office of the Secretary, Montana is amended by removing DTV 9135, e-mail Federal Communications Commission, channel 15 and adding DTV channel 5 [email protected]. Washington, DC 20554. In addition to at Butte. SUPPLEMENTARY INFORMATION: filing comments with the FCC, Federal Communications Commission. interested parties should serve the Background Barbara A. Kreisman, petitioner, or its counsel or consultant, The summer flounder, scup, and as follows: Scott S. Patrick, Dow, Chief, Video Division, Media Bureau. [FR Doc. 03–12685 Filed 5–20–03; 8:45 am] black sea bass fisheries are managed Lohnes & Albertson, PLLC, 1200 New cooperatively by the Atlantic States BILLING CODE 6712–01–P Hampshire Avenue, NW., Suite 800, Marine Fisheries Commission Washington, DC 20036–6802 (Counsel (Commission) and the Mid-Atlantic for KXLF Communications, Inc.). Fishery Management Council (Council), DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Pam in consultation with the New England Blumenthal, Media Bureau, (202) 418– National Oceanic and Atmospheric and South Atlantic Fishery Management 1600. Administration Councils. The management units specified in SUPPLEMENTARY INFORMATION: This is a 50 CFR Part 648 the Fishery Management Plan (FMP) for synopsis of the Commission’s Notice of the Summer Flounder, Scup, and Black Proposed Rule Making, MB Docket No. [Docket No. 030509120–3120–01; I.D. Sea Bass Fisheries include summer 03–118, adopted May 8, 2003, and 033103D] flounder (Paralichthys dentatus) in U.S. released May 15, 2003. The full text of RIN 0648–AQ32 waters of the Atlantic Ocean from the this document is available for public southern border of North Carolina (NC) inspection and copying during regular Fisheries of the Northeastern United northward to the U.S./Canada border, business hours in the FCC Reference States; Recreational Measures for the and scup (Stenotomus chrysops) and Information Center, Portals II, 445 12th Summer Flounder, Scup, and Black black sea bass (Centropristis striata) in Street, SW., Room CY–A257, Sea Bass Fisheries; Fishing Year 2003 U.S. waters of the Atlantic Ocean from Washington, DC 20554. This document 35°13.3′ N. lat. (the latitude of Cape AGENCY: may also be purchased from the National Marine Fisheries Hatteras Lighthouse, Buxton, NC) Commission’s duplicating contractor, Service (NMFS), National Oceanic and northward to the U.S./Canada border. Qualex International, Portals II, 445 Atmospheric Administration (NOAA), The FMP and its implementing 12th Street, SW., Room CY–B402, Commerce. regulations found at 50 CFR part 648, Washington, DC 20554, telephone 202– ACTION: Proposed rule; request for subparts A, G (summer flounder), H 863–2893, facsimile 202–863–2898, or comments. (scup), and I (black sea bass), describe via e-mail [email protected]. the process for specifying annual SUMMARY: NMFS proposes recreational Provisions of the Regulatory recreational measures that apply in the measures for the 2003 summer flounder, Exclusive Economic Zone (EEZ). The Flexibility Act of 1980 do not apply to scup, and black sea bass fisheries. The this proceeding. states manage these fisheries within 3 implementing regulations for these miles of their coast, under the Members of the public should note fisheries require NMFS to publish Commission’s Interstate Summer that from the time a Notice of Proposed recreational measures for the upcoming Flounder, Scup, and Black Sea Bass Rule Making is issued until the matter fishing year and to provide an FMP. The Federal regulations govern is no longer subject to Commission opportunity for public comment. The vessels fishing in the EEZ, as well as consideration or court review, all ex intent of these measures is to prevent vessels possessing a Federal fisheries parte contacts are prohibited in overfishing of the summer flounder, permit, regardless of where they fish. Commission proceedings, such as this scup, and black sea bass resources. The Council’s FMP established one, which involve channel allotments. DATES: Comments must be received on Monitoring Committees (Committees) See 47 CFR 1.1204(b) for rules or before June 5, 2003. for the three fisheries, consisting of governing permissible ex parte contacts. ADDRESSES: Comments on the proposed representatives from the Commission, For information regarding proper recreational specifications should be the Mid-Atlantic, New England, and filing procedures for comments, see 47 sent to Patricia A. Kurkul, Regional South Atlantic Councils, and NMFS. CFR 1.415 and 1.420. Administrator, Northeast Region, The FMP and its implementing

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regulations require the Committees to required for summer flounder. However, season. The precautionary default review scientific and other relevant as described below, under the Council- alternative would reduce landings by 67 information annually and to recommend recommended conservation equivalency percent, assuming the measures are management measures necessary to measures, Virginia (VA) would be implemented by all states. Because the achieve the recreational harvest limits required to reduce summer flounder precautionary default measures must be established for the summer flounder, landings in 2003 (by 11 percent). restrictive enough to achieve the scup, and black sea bass fisheries for the NMFS implemented Framework necessary reductions in the state upcoming fishing year. The Council’s Adjustment 2 to the FMP in July 2001 requiring the greatest reductions, FMP limits these measures to minimum (66 FR 36208). This framework application of the precautionary default fish size, possession limit, and fishing implemented a process that makes would achieve higher than necessary season. conservation equivalency a management reductions in most states. State-specific The Council’s Demersal Species option for the summer flounder reductions would range from 41 percent Committee and the Commission’s recreational fishery. Conservation in Delaware (DE) to 88 percent in NC. Summer Flounder, Scup, and Black Sea equivalency allows each state to Finally, the coastwide alternative Bass Management Board (Board) then establish its own recreational recommended by the Council and Board consider the Committees’ management measures (possession to be implemented in the EEZ if recommendations and any public limits, fish size limits, and fishing conservation equivalency is not comment in making their seasons), as long as the combined effect implemented, consists of a 17–inch recommendations to the Council and of all of the states’ management (43.18–cm) minimum fish size, a the Commission, respectively. The measures achieve the same level of possession limit of four fish per person, Council then reviews the conservation as would Federal and no closed season. The coastwide recommendations of the Demersal coastwide measures developed to alternative would reduce recreational Species Committee, makes its own achieve the recreational harvest limit, if landings by 32 percent, based on 2001 recommendations, and forwards them to implemented by all of the states (i.e., data, assuming the coastwide NMFS for review. The Commission both would have equivalent Fs). regulations are implemented by all similarly adopts recommendations for Conservation equivalency was states. State-specific reductions would the states. NMFS is required to review implemented for the 2002 summer range from 0 percent in DE to 63 percent the Council’s recommendations to flounder recreational fishery. in NC. ensure that they are consistent with the The Council and Board recommend The Commission has established targets specified for each species in the annually either conservation conservation equivalency guidelines FMP. equivalency (whereby states develop that require each state, using state- Final quota specifications for the 2003 state-specific measures) or coastwide specific equivalency tables, to summer flounder, scup, and black sea management measures (whereby all determine and implement an bass fisheries were published on states adopt the same measures as the appropriate possession limit, size limit, January 2, 2003 (68 FR 60). These Federal measures) for the summer and closed season to achieve the specifications were determined to be flounder recreational fishery to ensure landings reduction necessary for each consistent with the 2003 target fishing that the recreational harvest limit will state. The state-specific tables are mortality rate (F) (for summer flounder) not be exceeded. If the Council and the adjusted to account for the past and target exploitation rates (for scup Board recommend conservation effectiveness of the regulations in each and black sea bass). The 2003 coastwide equivalency, they must also recommend state. State-specific reductions recreational harvest limits are 9.28 coastwide management measures that associated with the 2003 coastwide million lb (4,209 mt) for summer would be implemented if, following recreational harvest limit of 9.28 million flounder, 4.01 million lb (1,819 mt) for NMFS review and public comment, lb (4,209 mt) are based on the number scup, and 3.43 million lb (1,557 mt) for conservation equivalency is not of fish landed in 1998 (because 1998 is black sea bass. The specifications do not implemented in the final rule. In the last year that recreational summer establish recreational measures, since addition, the Council and the Board flounder regulations were consistent final recreational catch data were not must recommend precautionary default along the coast), and the number of fish available when the Council made its measures that would apply in states that projected to have been landed in 2002. recreational harvest limit do not implement conservation Recreational landings in 1998 were recommendation to NMFS. equivalent measures, or for which 6.978 million fish, coastwide. Based on All minimum fish sizes discussed management proposals are not approved the mean weight of landed fish for 2000, below are total length (TL) by the Board. The precautionary default 2001, and 2002, the harvest limit for measurements of the fish, i.e., the measures are defined as the set of 2003 was converted to numbers of fish, straight-line distance from the tip of the measures that would achieve the i.e., 4.122 million fish. Landings snout to the end of the tail while the fish greatest reduction in landings required projections for 2002 indicate that VA is is lying on its side. for any state. the only state required to reduce In December 2002, the Council and summer flounder landings (by 11 Summer Flounder Board voted to recommend conservation percent) in 2003. States other than VA The 2003 summer flounder equivalency to achieve the 2003 (from Maine (ME) to NC) do not require recreational harvest limit is 9.28 million recreational harvest limit. Additionally, any reductions in recreational summer lb (4,209 mt), 4.5 percent less than the the Board agreed to allow states that flounder landings if their current 2002 recreational harvest limit. landed less than their 2002 target to regulations are maintained. However, 2002 recreational summer liberalize regulations for 2003. The The Board required each state to flounder landings are projected to be precautionary default measures submit its conservation equivalency 8.13 million lb (3,688 mt), 12 percent specified by the Council and Board are proposal to the Commission by January less than the 2002 recreational harvest the same as specified for 2002 and 15, 2003. The Commission’s Summer limit. Assuming the same level of consist of an 18–inch (45.72–cm) Flounder Technical Committee has fishing effort in 2003, no coastwide minimum fish size, a possession limit of since evaluated the proposals and reductions in landings would be one fish per person, and no closed advised the Board of each proposal’s

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consistency with respect to achieving undersized fish is reduced, substantial 50–fish possession limit, and an open the coastwide recreational harvest limit. biomass could be added to the stock by season of July 1 through December 31. After the Technical Committee 2003 and availability of legal-sized fish Due to low scup landings in the evaluation, the Board met on February could increase. Because fewer fish were southern range of the species, the Board 25, 2003, to approve or disapprove each landed by in the recreational fishery in approved a 10–inch (25.4–cm) state’s proposal. 2002 than in 2001, the Council decided minimum fish size, a 50–fish possession The Commission invited public that the 2001 landings should be used limit, and no closed season for DE, participation in its review process by as a basis to determine the appropriate Maryland (MD), VA, and NC. The holding public meetings and offering possession and size limits to constrain Monitoring Committee has the public the opportunity to comment the 2003 landings to the recreational recommended that, should the Board on the state proposals. During the harvest limit. Additionally, to evaluate implement conservation equivalency for comment period, the Commission will properly the required coastwide the 2003 scup fishery, states from MA notify NMFS as to which state proposals measures, it is necessary first to through NY adopt a 10–inch minimum have been approved or disapproved. extrapolate the 2001 landings to fish size and a 50–fish possession limit, NMFS will provide this information in estimate the level of landings that and achieve the necessary reductions the final rule, establishing the 2003 would have resulted if the states had not through state-specific season recreational measures for these fisheries. implemented any scup fishery closures. modification. Although MA is permitted If, at the final rule stage, the As a result, to achieve the 2003 harvest a 22–percent increase in landings, it has Commission recommends, and NMFS limit, a 27–percent reduction from the chosen to maintain its 2002 regulations accepts, conservation equivalency, extrapolated 2001 level of landings is for the 2003 season. Because the Federal NMFS would waive the Federal necessary. FMP does not contain provisions for recreational measures for federally The 2003 scup recreational fishery conservation equivalency, and states permitted charter/party permit holders will be managed under separate may adopt their own unique measures and recreational vessels fishing for regulations for state and Federal waters; under Addendum IX, it is likely that summer flounder in the EEZ. Those the Federal measures would apply only state and Federal recreational scup vessels would be required to abide by to party/charter boats with Federal measures will differ for the 2003 season. the requirements enacted by the state in permits. In Federal waters, the Council which they land summer flounder. recommended coastwide management Black Sea Bass States that do not submit proposals, or measures of a 10–inch (25.4–cm) The 2003 black sea bass recreational for which proposals were disapproved minimum fish size, a 50–fish possession harvest limit is 3.43 million lb (1,557 by the Commission, would be required limit, and open seasons of January 1 mt), the same as that implemented in by the Commission to adopt the through February 28, and July 1 through 2002. However, the 2002 recreational precautionary default measures. States November 30. The Council has black sea bass landings are projected to assigned the precautionary default estimated that these measures would be 4.4 million lb (1,996 mt). After measures would be allowed to resubmit reduce recreational scup landings (from extrapolating the 2002 landings to revised management measures. The the extrapolated 2001 level) by 27 estimate the level of landings that Commission would notify NMFS of any percent, assuming that regulations will would have been expected if the states resubmitted proposals that were be implemented by all of the states. For had not implemented any seasonal approved after publication of the final comparative purposes, the current black sea bass fishery closures, the rule implementing the recreational (status quo) scup recreational measures Council determined that the specifications. NMFS then would in the EEZ are a 10–inch (25.4–cm) extrapolated 2002 landings would have publish a notice in the Federal Register minimum fish size, a 20–fish possession to be reduced by 27 percent to achieve to notify the public of any changes in limit and open seasons of January 1 the 2003 harvest limit. the state’s management measures. through February 28, and July 1 through The Council and Board recommended Scup October 2. NMFS has reviewed the the following measures for the 2003 Council’s analyses of these measures coastwide recreational black sea bass The 2003 scup recreational harvest and is proposing the Council’s preferred fishery: A 12–inch minimum fish size, limit is 4.01 million lb (1,819 mt), 48 alternative without modification. a 25–fish possession limit, and open percent more than the recreational The Board postponed making a final seasons of January 1 through September harvest limit for 2002. The 2002 decision on state measures for scup at 1, and September 16 through November recreational scup landings are projected its December 2002 meeting and advised 30. These measures are expected to to have been 3.76 million lb (1,706 mt). its staff to prepare an addendum to the provide a 27–percent reduction in As a result of the increase in the harvest Commission’s Interstate FMP that recreational black sea bass landings limit, recreational scup landings can would provide the states with a (from the 2002 level). For comparative increase by 7 percent in 2003, relative mechanism for effectively managing purposes, the current (status quo) black to the projected landings for 2002. their 2003 recreational scup fisheries on sea bass regulations include an 11.5– Although it appears that constraints on a state-by-state basis. A prior addendum inch (29.21–cm) minimum fish size, a the fishery could be relaxed, any that addressed the 2002 recreational 25–fish possession limit, and no closed relaxation should be balanced with the fishery expired at the end of 2002. On season. NMFS has reviewed the consideration of stock status. The most February 25, 2003, the Board approved Council’s analyses of these measures recent assessment indicates that the Addendum IX to the Commission’s and is proposing the Council’s preferred scup biomass increased in 2002 and is Interstate FMP (Addendum IX), which alternative without modification. likely to increase again in 2003. Survey allows states from Massachusetts (MA) information indicates that regulations through New York (NY) to develop Classification may have protected a large 1997 year either regional or state-specific This proposed rule has been class and also indicate that strong year management measures. For New Jersey determined to be not significant for classes were produced in 1999 through (NJ), which has limited recreational purposes of E.O. 12866. 2001. If the 1999, 2000, and 2001 year scup landings data, the Board approved The Council prepared an IRFA that classes are large, and mortality of a 10–inch (25.4–cm) minimum size, a describes the economic impact this

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proposed rule, if adopted, would have flounder, scup, and/or black sea bass in the analysis likely overestimates the on small entities. 2001, the most recent year for which potential revenue impacts of these A description of the action, why it is complete permit data are available. Only measures because some anglers would being considered, and the legal basis for 368 of these vessels reported active continue to take party/charter vessel this action are contained in the participation in the recreational summer trips, even if the restrictions limit their preamble to this rule. This proposed flounder, scup, and/or black sea bass landings. Also, some may engage in rule does not duplicate, overlap, or fisheries in 2001. catch and release fishing, and others conflict with other Federal rules. A copy The effects of the various management may target other species. It was not of the complete IRFA is available from measures were analyzed by employing possible to estimate the sensitivity of the Council (see ADDRESSES). A quantitative approaches, to the extent anglers to specific management summary of the analysis follows. possible. Where quantitative data were measures. Second, the universe of party/ The proposed action could affect any not available, the Council conducted charter vessels that participate in the recreational angler who fishes for qualitative analyses. Although NMFS’ fisheries is likely to be even larger than summer flounder, scup, or black sea Regulatory Flexibility Act guidance presented in these analyses, as party/ bass. However, this summary of the recommends assessing changes in charter vessels that do not possess a IRFA focuses upon the impacts on profitability as a result of proposed Federal summer flounder, scup, or black party/charter vessels issued a Federal measures, the quantitative impacts were sea bass permit because they fish only permit for summer flounder, scup, and/ instead evaluated using changes in in state waters are not represented in the or black sea bass because these vessels party/charter vessel revenues as a proxy. assessments. Considering the large can be specifically identified in the This is because reliable cost data are not proportion of landings from state waters Federal vessel permit database and available for these fisheries. Without (approximately 92 percent of summer would be impacted by the recreational reliable cost data, profits cannot be flounder, 94 percent of scup landings, measures, regardless of whether they discriminated from gross revenues. As and 19 percent of black sea bass fish in Federal or state waters. Although reliable cost data become available, landings in 2001), it is probable that other recreational anglers are likely to impacts to profitability can be more some party/charter vessels fish only in be impacted, they are not considered accurately forecast. Similarly, changes state waters and, thus, do not hold small entities, nor is there a permit to long-term solvency were not assessed Federal permits for these fisheries. requirement to participate in these due both to the absence of cost data and Third, vessels that hold only state fisheries. because the recreational management permits likely will be fishing under In the EA, the no action alternative for measures change annually according to different, potentially less restrictive, each species is defined as the the specification-setting process. recreational measures for summer continuation of the management Data from the Marine Recreational flounder and scup in state waters under measures implemented for the 2002 Fisheries Statistical Survey (MRFSS) the Commission’s conservation fishing season. The Council did not were used to project the number of equivalency programs. For all of these analyze an alternative combining the recreational party/charter vessel trips reasons, actual party/charter losses may status quo measures in place for all made in each state. The MRFSS data be less than the amounts shown in this three species. In consideration of the indicate that anglers fished 30.96 assessment. Council-recommended recreational million days in 2002 in the Northeast harvest limits established for the 2003 Region (ME through NC). In the Impacts of Summer Flounder fishing year, implementation of the Northeast Region, party/charter anglers Alternatives same recreational measures established comprised about 5 percent of the angler The proposed action for the summer for the 2002 fishing year would be fishing days, and party/charter anglers flounder recreational fishery would inconsistent with the goals and fishing in MA, NY, NJ, MD, and NC limit coastwide catch to 9.28 million lb objectives of the FMP and its comprised 82 percent of the total (4,209 mt) and reduce landings by at implementing regulations, and, because projected party/charter effort. The least 4.5 percent, compared to 2002, by it could result in overfishing of the number of trips in each state ranged either deferring management to the black sea bass fishery, it also would be from approximately 365,500 in NJ to states or imposing coastwide Federal inconsistent with National Standard 1 of approximately 12,700 trips in ME. The measures throughout the EEZ. the Magnuson-Stevens Act. Therefore, number of trips that targeted summer There is very little information the no action alternative was not flounder, scup, and/or black sea bass available to estimate empirically how considered to be a reasonable alternative was identified, as appropriate, for each sensitive the affected party/charter boat to the preferred action and its collective measure, and the number of trips that anglers might be to the proposed fishing impacts were not analyzed in the EA/ would be impacted by the proposed regulations. It is possible that the RIR/IRFA. The no action measure for measures was estimated. Finally, the proposed management measures could summer flounder was analyzed in revenue impacts were estimated by restrict the recreational fishery for 2003 Alternative 1, in combination with calculating the average fee paid by and cause a decrease in satisfaction that preferred measures for scup and black anglers on party/charter vessels in the recreational anglers experience (i.e., via sea bass. The no action measures for Northeast Region in 2002 ($40.72 per a reduced possession limit, larger scup and black sea bass were considered angler), and the revenue impacts on minimum fish size, or closed season) as part of Alternative 2, in combination individual vessels were estimated. The and/or demand for party/charter trips. with the non-preferred coastwide analysis assumed that angler effort and Due to lack of data on angler measure for summer flounder, i.e., the catch rates in 2003 will be similar to satisfaction, these effects cannot be measure that would be implemented if 2002. quantified. conservation equivalency is not The Council noted that this method is The impact of the proposed summer implemented in the final rule. likely to result in overestimation of the flounder conservation equivalency The Council estimated that the potential revenue losses that would alternative among states is likely to be proposed measures could affect any of result from implementation of the similar to the level of landings the 760 vessels possessing a Federal proposed coastwide measures in these reductions that are required of each charter/party permit for summer three fisheries for several reasons. First, state. Landings projections for 2002

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indicate that VA is the only state Precautionary default measures are during the periods of March 1 through required to reduce summer flounder defined as measures that would achieve June 30, and October 3 through landings (by 11 percent) in 2003. States at least the overall required reduction in December 31. The analysis concluded other than VA (from ME to NC) do not landings for each state. The that the measures would affect 11 require any reductions in recreational precautionary default measures percent of angler trips taken aboard summer flounder landings if their specified by the Council and Board (in party/charter boats in MA, 4 percent in current regulations are maintained. If Alternative 3) consists of an 18–inch RI, 5 percent in NY, and less than 1 the preferred conservation equivalency (45.72–cm) minimum fish size, a percent in NJ, DE, MD, and NC, with alternative is effective at achieving the possession limit of one fish per person, statewide revenue losses identified for recreational harvest limit, then it is and no closed season. MA ($486,423), RI ($55,664), NY likely to be the only alternative that The precautionary default measures ($702,429), NJ ($67,060), MD ($25,450), minimizes economic impacts, to the would reduce state specific landings by and NC ($8,064). No state revenue losses extent practicable, yet achieves the a range of 41 percent (DE) to 88 percent were identified for ME, NH, CT, DE, or biological objectives of the FMP. (NC). As specified by Framework 2 to VA. Because states have a choice, it is more the Federal FMP, states that fail to The average maximum gross revenue rational for the states to adopt implement conservation equivalent loss per party/charter vessel associated conservation equivalent measures that measures would be required to with this alternative was estimated to be result in fewer adverse economic implement precautionary default $9,927 in MA, $3,976 in RI, $22,659 in impacts that to acquiesce to the much measures. The state-specific landings NY, $1,916 in NJ, $25,450 in MD, and more restrictive measures contained in reductions associated with the $2,688 in NC. the precautionary default alternative. precautionary default measures are For the scup measures considered in The impacts of the non-preferred substantially higher than the reductions Alternative 3, impacted trips were summer flounder coastwide alternative that would be implemented using defined as individual angler trips taken (in Alternative 2), which proposes a 17– conservation equivalency. As such, it is aboard party/charter vessels in 2002 that inch (43.2–cm) minimum fish size, a expected that states will avoid the landed at least one scup smaller than 10 possession limit of four fish per person, impacts of precautionary approach inches, that landed more than 50 scup, and no closed season, were evaluated measures by establishing conservation or that landed at least one scup during using the quantitative method described equivalent management measures. the period of March 1 through July 13. above. Impacted trips were defined as Therefore, the precautionary default The analysis concluded that the individual angler trips taken aboard provision that is included in the measures in this alternative would affect party/charter vessels in 2002 that conservation equivalency proposal was 11 percent of the party/charter trips in landed at least one summer flounder not analyzed as a separate provision. MA and 1 percent or less of the party/ smaller than 17 inches (43.2 cm), or that charter trips in most states, with Impacts of Scup Alternatives landed more than four summer statewide revenue losses identified for flounder. The analysis concluded that The proposed action for scup would MA ($469,518), RI ($9,576), NY the measures would affect 1 percent or limit coastwide landings to 4.01 million ($81,902), NJ ($19,880), MD ($25,450), less of the party/charter trips in most lb (1,819 mt) and reduce landings by at and NC ($8,064). No state revenue losses states, with state revenue losses least 27 percent compared to 2001. were identified for ME, NH, CT, DE, or identified for MA ($927), Rhode Island For the preferred scup alternative (in VA. (RI) ($15,850), NY ($155,636), NJ Alternative 1), impacted trips were The average maximum gross revenue ($22,208), DE ($570), MD ($570), VA defined as individual angler trips taken loss per party/charter vessel associated ($7,362), and NC ($161). (These figures aboard party/charter vessels in 2002 that with this alternative was estimated to be are for all vessels operating in each state landed at least one scup smaller than 10 $9,582 in MA, $684 in RI, $2,642 in NY, rather than for each vessel.) No state inches (25.4 cm), that landed more than $568 in NJ, $25,450 in MD, and $2,688 revenue losses were identified for ME, 50 scup, or that landed at least one scup in NC. New Hampshire (NH), or Connecticut during the proposed closed seasons of Impacts of Black Sea Bass Alternatives (CT). March 1 through June 30, and December The average maximum gross revenue 1 through December 31. The analysis The proposed action for black sea bass loss per party/charter vessel was concluded that the measures would would limit coastwide landings to 3.43 estimated to be $9 in MA, $634 in RI, affect 10 percent of the party/charter million lb (1,557 mt) and reduce $2,993 in NY, $347 in NJ, $285 in DE, trips in MA and 1 percent or less of the landings by at least 27 percent $190 in MD, $409 in VA, and $23 in NC. party/charter trips in five states, with compared to 2002. For the reasons noted above (alternative statewide revenue losses identified for For the preferred black sea bass species, catch and release fishing, etc.), MA ($421,057), RI ($2,324), NY alternative (in Alternative 1), impacted it is very likely that some anglers would ($1,829), NJ ($6,475), MD ($25,450), and trips were defined as individual angler continue to take party/charter vessel NC ($8,064). trips taken aboard party/charter vessels trips, even if the restrictions limit their The average maximum gross revenue in 2002 that landed at least one black landings. Therefore, this method is loss per party/charter vessel associated sea bass smaller than 12 inches (30.48 likely to overestimate the potential with the preferred scup alternative was cm), that landed more than 25 black sea revenue impacts of the proposed estimated to be $8,593 in MA, $166 in bass, or that landed at least one black measures. In addition, an average of 8 RI, $59 in NY, $185 in NJ, $25,450 in sea bass during the proposed closed percent of recreational summer flounder MD, and $2,688 in NC. seasons of September 2 through landings were derived from the EEZ in For the scup no action alternative (in September 15, and December 1 through 2001. Federal coastwide measures Alternative 2), impacted trips were December 31. The analysis concluded would apply to federally permitted defined as individual angler trips taken that the measures would affect 3 percent vessels wherever they fish. However, aboard party/charter vessels in 2002 that of the party/charter trips in NJ, 4 the states could potentially implement landed at least one scup smaller than 10 percent in DE, and 1 percent or less in different recreational measures for inches (25.4 cm), that landed more than most states, with statewide revenue summer flounder. 20 scup, or that landed at least one scup losses identified for MA ($1,805), RI

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($5,404), CT ($368), NY ($20,332), NJ combination of permits held and by (g) Time restrictions. Vessels that are ($441,702), DE ($89,544), MD ($41,331), state. In RI, for example, revenue losses not eligible for a moratorium permit VA ($19,418), and NC ($364). No state could reach $993 for vessels that land under § 648.4(a)(6), and fishermen revenue losses were identified for ME or all three species in 2003, compared to subject to the possession limit, may not NH. expected revenues for 2002. However, possess scup, except from January 1 The average maximum gross revenue in MD, a vessel that lands all three through February 28 and from July 1 loss per party/charter vessel associated species could potentially lose up to a through November 30. This time period with the proposed black sea bass maximum of $39,417 in 2003. On may be adjusted pursuant to the alternative was estimated to be $19 in average, the largest potential losses were procedures in § 648.120. MA, $193 in RI, $46 in CT, $442 in NY, projected for party/charter vessels $8,334 in NJ, $44,772 in DE, $13,777 in operating out of MA, NJ, DE, and MD in 5. In § 648.125, the first sentence of MD, $1,022 in VA, and $52 in NC. 2003. paragraph (a) is revised to read as For the non-preferred black sea bass There are no new reporting or follows: measures considered in Alternative 2, recordkeeping requirements contained § 648.125 Possession limit. impacted trips were defined as in any of the alternatives considered for individual angler trips taken aboard this action. (a) No person shall possess more than party/charter vessels in 2002 that 50 scup in, or harvested from, the EEZ landed at least one black sea bass List of Subjects in 50 CFR Part 648 unless that person is the owner or smaller than 11.5 inches (29.21 cm), or Fisheries, Fishing, Reporting and operator of a fishing vessel issued a that landed more than 25 black sea bass. recordkeeping requirements. scup moratorium permit, or is issued a The analysis concluded that the scup dealer permit.*** proposed alternative would affect 3 Dated: May 14, 2003. percent of the party/charter trips in DE, John Oliver, * * * * * 2 percent in NJ, and 1 percent or less in Deputy Assistant Administrator for 6. Section 648.142 is revised to read most states, with statewide revenue Operations, National Marine Fisheries as follows: losses identified for RI ($1,960), CT Service. ($368), NJ ($248,570), DE ($82,988), MD For the reasons set out in the § 648.142 Time restrictions. preamble, 50 CFR part 648 is proposed ($16,329), VA ($21,261), and NC ($119). Vessels that are not eligible for a to be amended as follows: No state revenue losses were identified moratorium permit under § 648.4(a)(7), for ME, NH, MA, or NY. and fishermen subject to the possession The average maximum gross revenue PART 648—FISHERIES OF THE limit, may not possess black sea bass, loss per party/charter vessel associated NORTHEASTERN UNITED STATES with this alternative was estimated to be except from January 1 through 1. The authority citation for part 648 September 1 and September 16 through $70 in RI, $46 in CT, $4,690 in NJ, continues to read as follows: $41,494 in DE, $5,443 in MD, $1,119 in November 30. This time period may be VA, and $17 in NC. Authority: 16 U.S.C. 1801 et seq. adjusted pursuant to the procedures in For the non-preferred black sea bass 2. In § 648.105, the first sentence of § 648.140. measures considered in Alternative 3, paragraph (a) is revised to read as 7. In § 648.143, paragraph (b) is impacted trips were defined as follows: revised to read as follows: individual angler trips taken aboard § 648.105 Possession restrictions. party/charter vessels in 2002 that § 648.143 Minimum sizes. landed at least one black sea bass (a) Unless otherwise specified * * * * * pursuant to § 648.107, no person shall smaller than 12.5 inches (31.75 cm) or (b) The minimum size for black sea that landed more than 25 black sea bass. possess more than four summer bass is 12 inches (30.48 cm) TL for all The analysis concluded that the flounder in, or harvested from, the EEZ, vessels that do not qualify for a measures would affect approximately 5 unless that person is the owner or percent of the party/charter trips in DE, operator of a fishing vessel issued a moratorium permit, and for party boats 3 percent in NJ, and 1 percent or less in summer flounder moratorium permit, or holding a moratorium permit, if fishing most states, with statewide revenue is issued a summer flounder dealer with passengers for hire or carrying losses identified for RI ($1,960), CT permit. *** more than five crew members, and for ($368), NY ($3,220), NJ ($483,095), DE * * * * * charter boats holding a moratorium ($125,132), MD ($40,395), VA ($29,602), 3. In § 648.107, the first sentence of permit, if fishing with more than three and NC ($364). No state revenue losses paragraph (a) introductory text is crew members. The minimum size may were identified for ME, NH, or MA. revised to read as follows: be adjusted for recreational vessels The average maximum gross revenue pursuant to the procedures in § 648.140. loss per party/charter vessel associated § 648.107 Conservation equivalent measures for the summer flounder fishery. * * * * * with this alternative was estimated to be $70 in RI, $46 in CT, $70 in NY, $9,115 (a) For 2003, the Regional in NJ, $62,566 in DE, $13,465 in MD, Administrator has determined that [FR Doc. 03–12647 Filed 5–20–03; 8:45 am] $1,558 in VA, and $52 in NC. conservation equivalent measures shall BILLING CODE 3510–22–S be implemented by the states for the Combined Impacts of Summer recreational summer flounder fishery. Flounder, Scup, and Black Sea Bass *** Alternatives * * * * * Potential revenue losses in 2003 could 4. In § 648.122, paragraph (g) is differ for party/charter vessels that land revised to read as follows: more than one of the regulated species. The cumulative maximum gross § 648.122 Time and area restrictions. revenue loss per vessel varies by the * * * * *

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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: E. mesh fishing opportunity for vessels in Martin Jaffe, Fishery Policy Analyst, the GOM. The exempted grate raised National Oceanic and Atmospheric 978–281–9272. footrope trawl fishery proposed in this Administration SUPPLEMENTARY INFORMATION: In framework adjustment is the product of September 2002, the New England 8 years of experimental work conducted [Docket No. 030514123–3123–01; I.D. by the Maine Department of Marine 041003B] Fishery Management Council’s (Council) Whiting Monitoring Resources (ME DMR), in cooperation RIN 0648–AQ76 Committee (WMC) released the 2002 with the fishing industry. The gear itself Stock Assessment and Fishery evolved throughout the course of the 50 CFR Part 648 Evaluation (SAFE) Report for small- experimental fisheries, as different mesh mesh multispecies (whiting, red hake, configurations and grate bar spacing Fisheries of the Northeastern United and offshore hake), which represents the were tested. The gear proposed for the States; Northeast Multispecies WMC’s third-year review of the whiting exempted fishery in this framework Fishery; Framework Adjustment 38 management program implemented in adjustment represents the configuration that encountered the most success AGENCY: National Marine Fisheries Amendment 12 to the FMP. The 2002 minimizing regulated species bycatch Service (NMFS), National Oceanic and SAFE Report also includes the WMC’s when vessels used it to target whiting in Atmospheric Administration (NOAA), recommendations regarding the future the area proposed for exemption. The Commerce. management of the small mesh multispecies resources. The WMC proposed season (July 1 - November 30) ACTION: Proposed rule; request for determined that the fishing mortality and area (see coordinates below) for this comments. objectives of the whiting management fishery most closely represents the SUMMARY: NMFS proposes measures program appear to have been achieved, traditional Maine whiting fishery and contained in Framework Adjustment 38 based on the evaluation of relative the area utilized by the fishermen who (Framework 38) to the Northeast exploitation indices as a proxy for participated in the experimental whiting Multispecies Fishery Management Plan fishing mortality. grate fisheries. (FMP) that would exempt a fishery from The northern stock of whiting (as well The biological analyses in Framework the Gulf of Maine (GOM)/Georges Bank as the northern stock of red hake) is 38 indicate that establishing a seasonal (GB) Regulated Mesh Area mesh size considered to be ‘‘rebuilt,’’ or above its grate raised footrope trawl fishery in the regulations. Framework 38 would target biomass level according to the inshore GOM would not be expected to establish an exempted small mesh silver Amendment 12 overfishing definition. significantly impact fishing mortality or hake (Merluccius bilinearis) (whiting) The relative exploitation of northern rebuilding schedules for any small mesh fishery in the inshore GOM. The whiting is far below the target value that multispecies or large mesh regulated exempted fishery would be authorized the WMC set as a proxy for FMSY, so groundfish stocks. Fishing mortality (F) from July 1 through November 30 each overfishing is not thought to be on whiting in the northern area is very year; require the use of specific occurring. The current relative low and the increase in F that would be exempted grate raised footrope trawl exploitation index is only 11 percent of created by the grate fishery is projected gear; establish a maximum whiting the WMC’s FMSY proxy. With respect to be very low. possession limit of 7,500 lb (3,402 kg); to management thresholds, targets, and The Groundfish Plan Development and include incidental catch biological objectives, the WMC Team (PDT) reviewed the grate raised restrictions. concluded that exploitation of the footrope trawl experimental fishery data northern stock of whiting could absorb in the context of juvenile groundfish DATES: Comments on this proposed rule some increase. As one way to increase bycatch and determined that the must be received on or before June 5, exploitation in the northern stock area, impacts of this fishery on juvenile 2003. the WMC recommended consideration groundfish mortality would not likely ADDRESSES: Copies of the Framework 38 of new exempted fisheries for small be significant. The PDT concluded that, document, its Regulatory Impact Review mesh multispecies if experimental data based on the experimental data, this (RIR), the Initial Regulatory Flexibility demonstrate that these fisheries can fishery would primarily take juvenile Analysis (IRFA), the Environmental minimize regulated species bycatch. American plaice, redfish, witch Assessment, and other supporting Based on this recommendation, the flounder, and white hake as bycatch. documents for the framework Council initiated a framework action The amount of bycatch would depend adjustment are available from Paul J. pursuant to 50 CFR 648.80(a)(8)(ii), in large measure on the amount of effort Howard, Executive Director, New which allows additions or deletions to in the fishery. In terms of weight, data England Fishery Management Council, small mesh exemptions in the NE presented in the Framework 38 50 Water Street, Mill 2, Newburyport, multispecies regulated mesh areas in document indicate that expected MA 01950. These documents are also cases where there may be insufficient regulated species bycatch would be less available online at http:// data or information to determine, than 5 percent of the total catch. Using www.nefmc.org. without public comment, the percentage additional data provided by ME DMR Written comments on the proposed catch of regulated species or small mesh from the 2002 experimental fishery, the rule should be sent to Patricia A. species. This framework adjustment PDT estimated that the numbers of Kurkul, Regional Administrator, NMFS, would establish a seasonal exempted juvenile fish that may be caught in this Northeast Regional Office, One grate raised footrope trawl fishery for fishery could increase the catch of Blackburn Drive, Gloucester, MA 01930. silver hake (whiting) in the inshore juvenile plaice by 1.5 7 percent and the Mark the outside of the envelope GOM. This action would allow for a catch of juvenile witch flounder could ‘‘Comments on Framework 38.’’ transition from a successful increase less than 0.5 percent. While Comments may also be sent via experimental fishery for whiting catch-at-age estimates are not available facsimile (fax) to (978) 281–9135. focused on minimizing regulated to make these comparisons for redfish Comments will not be accepted if species bycatch to a more permanent and white hake, the PDT expects submitted via e-mail or the Internet. fishery that provides a seasonal small bycatch of these species to be minimal.

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Exempted Grate Raised Footrope Trawl experience demonstrates that the help to ensure that fishermen rig the net Fishery Area catches of whiting are generally lower correctly, so that the footrope is not in The proposed area is an inshore area and the bycatch of regulated species is contact with the sea floor and thus, in the GOM extending to the Loran relatively higher during these months much less likely to catch these species. 44500 line and northward along the than during the summer. Given that the The prohibition on crabs, longhorn coast of Maine. This area most closely 2001 and 2002 data for the proposed sculpin, sea raven and dogfish is represents the historical whiting fishery sweepless trawl show low absolute designed to reduce the damage to and the area utilized by the fishermen bycatch of regulated species during whiting, a soft bodied fish, from October and November, the gear should abrasion and puncture, as well as to who have participated in the fish with even lower bycatch during the encourage keeping the footrope off the experimental whiting grate fisheries summer. sea floor. Except for a few juveniles, between 1996 and 2002. During the very few dogfish are retained by the development of this framework Gear Specifications grate raised footrope trawl net, as they adjustment, the Council considered Several gear specifications are are toolarge to pass through the grate. three options for the fishery area, proposed for this fishery, including net including the proposed area option. The specifications for the raised footrope Annual Review first option was the largest area under trawl that are consistent with those in The PDT would annually review sea consideration and included an offshore the Cape Cod Bay whiting fishery, a sampling data from the fishery and component to the proposed area. requirement to use a sweepless trawl, develop recommendations, as necessary, Another option was the smallest area and a requirement to use a Nordmore- to ensure that groundfish bycatch under consideration and represented a style grate with a maximum bar spacing remains at a minimum. Because this subset of the proposed action where of 50 mm (1.97 inches). A minimum would be a seasonal fishery, the Council past experimental fishing was codend mesh requirement of 2.5 inches could modify the specifications for this concentrated. The proposed option was (6.35 cm) (square or diamond mesh) is fishery through a framework adjustment selected by the Council, following an also proposed. Vessels would be to the FMP prior to the next season, if endorsement by the PDT, even though allowed to use net strengtheners in this the PDT recommended adjustments to sampling was not conducted throughout fishery, provided that they are address regulated species bycatch. the entire area. The proposed option consistent with the existing net The Council desires 10–percent was selected because there are sufficient strengthener provisions for 2.5 inch observer coverage in this fishery. No similarities (species composition, (6.35 cm) mesh. later than 2006, NMFS, in consultation hydrography, habitat, current flow, with the PDT, would determine if the bottom topography) between it and the Whiting/Offshore Hake Possession level of observer coverage is sufficient to subset where the experiment occurred Limit monitor catch and bycatch in this to suggest that bycatch in the proposed A maximum whiting/offshore hake fishery with an acceptable level of area option may be similar to that possession limit of 7,500 lb (3,402 kg) is precision. If practicable, the level of observed in the experiments. Thus, the proposed for this fishery. Vessels using desired observer coverage would be rate of capture of regulated species mesh larger than the minimum 2.5 adjusted (increased or decreased) would not be expected to differ over the inches (6.35 cm) would not be allowed consistent with that analysis. The PDT proposed area. to possess more than 7,500 lb (3,402 kg) could recommend adjustments to the Fishing Season of whiting/offshore hake. level of observer coverage prior to 2006, Incidental Catch Restrictions based on information examined during The proposed season for the GOM the annual review described above. Grate Raised Footrope Trawl Fishery is Incidental catch restrictions are July 1- November 30. This period proposed to ensure that the net is fished Classification encompasses the traditional seasonal properly and remains off the ocean This proposed rule has been presence of whiting along the coast of bottom. The incidental catch restrictions determined to be not significant for Maine in the GOM and the period of mirror those incorporated into the Cape purposes of Executive Order 12866. documented catch and bycatch during Cod Bay raised footrope trawl fishery, The Council prepared an IRFA that research trials and experimental small with the addition of a prohibition on the describes the economic impact this mesh fisheries permitted by NMFS possession of dogfish. Vessels proposed rule, if adopted, would have between 1996 and 2002. The PDT participating in the GOM Grate Raised on small entities. A description of the expressed support for a season from July Footrope Trawl Fishery may retain red reasons why this action is being 1 November 30, based on documented hake, squid, butterfish, mackerel, considered, and the objectives of and catch rates and experimental data from alewife, and herring up to the amounts legal basis for this action are contained 2001 and 2002, which were reviewed by allowed by the regulations for those at the beginning of this section in the the PDT in detail. species, provided they comply with all preamble. There are no new During the development of this regulations for those species. The recordkeeping or reporting requirements framework adjustment, the Council following additional restrictions apply: proposed in this rule. There are no considered establishing a season for this A prohibition on the possession of relevant Federal rules that duplicate, fishery from June 1 November 30, but regulated species (Atlantic cod, witch overlap, or conflict with this rule. All ultimately decided to eliminate the flounder, American plaice, yellowtail vessels that would be impacted by this month of June from consideration after flounder, winter flounder, windowpane proposed rulemaking are considered to evaluating the data. These data show flounder, haddock, pollock, redfish, and be small entities; therefore, there will be that the coastal whiting fishery started white hake), monkfish, lobsters, skates, no disproportionate impacts between in July and ended in November. crabs, longhorn sculpin, sea raven, large and small entities. A summary of The majority of experimental tows summer flounder (fluke), ocean pout, the analysis follows: with the proposed sweepless trawl were and spiny dogfish. The Council considered the no action conducted during October and The prohibition on the possession of alternative--not establishing an November 2001 and 2002. Past monkfish, lobsters, and skates would exempted grate raised footrope trawl

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fishery. While there would be no participated in the experimental GOM GRATE RAISED FOOTROPE adverse economic impacts on the fisheries, would participate in and TRAWL WHITING FISHERY EX- fishing industry as a result of the no benefit from this experimental fishery. EMPTION AREA—Continued action alternative, the economic The economic benefits, although not (July 1 through November 30) opportunities resulting from the significant at the large scale, would be proposed action would be foregone. important to participating vessels, Point N. Lat. W. Long. Slight variations to the proposed especially those along the coast of action were considered by the Council Maine and in smaller ports adjacent to GRF4 ...... 43° 41.8′ 69° 20′ as follows: Beginning the season in the the GOM. GRF5 ...... 44° 58.8′ 69° 20′ June; increasing the size of the exemption area; or less restrictive gear List of Subjects in 50 CFR Part 648 (i) Mesh requirements and possession restrictions. Several of these options Fishing, Fisheries, Reporting and restrictions. (A) All nets must comply (larger area, longer season) may have recordkeeping requirements. with a minimum mesh size of 2.5 inch resulted in increased economic benefits Dated: May 15, 2003. (6.35 cm) square or diamond mesh, to the participants compared with the subject to the restrictions specified in Rebecca Lent, proposed action. However, there was paragraph (a)(16)(i)(B) of this section. sufficient uncertainty regarding bycatch Deputy Assistant Administrator for An owner or operator of a vessel Regulatory Programs, National Marine rates of regulated multispecies Fisheries Service. participating in the GOM Grate Raised associated with these options, which the For the reasons stated in the Footrope Trawl Exempted Whiting Council considered the risk to preamble, 50 CFR part 648 is proposed Fishery may not fish for, possess on associated bycatch species (particularly to be amended as follows: board, or land any species of fish, other regulated multispecies) to be too great to than whiting and offshore hake, subject warrant further consideration. The PART 648—FISHERIES OF THE to the applicable possession limits as uncertainty resulted from the lack of NORTHEASTERN UNITED STATES specified in paragraph (a)(16)(i)(C) of experimental data in the larger area and this section, except for the following during the month of June. Because the 1. The authority citation for part 648 allowable incidental species: Red hake; experiment had not been conducted in continues to read as follows: butterfish; herring; mackerel; squid; and the larger area, there were no data to Authority: 16 U.S.C. 1801 et seq. alewife. support a decision to allow an exempted 2. In § 648.80, paragraph (a)(16) is (B) All nets must comply with the fishery in the area outside of the redesignated as paragraph (a)(17) and a minimum mesh size specified in proposed area. Similarly, there were no new paragraph (a)(16) is added to read paragraph (a)(16)(i)(A) of this section. experimental data during the month of as follows: Counting from the terminus of the net, June, but data from May indicated the minimum mesh size is applied to significantly higher bycatch rates than § 648.80 Multispecies regulated mesh the first 100 meshes (200 bars in the during the proposed season. Due to a areas and restrictions on gear and methods case of square mesh) from the terminus lack of data on bycatch rates during the of fishing. of the net for vessels greater than 60 ft month of June and from the larger area, * * * * * (18.3 m) in length and is applied to the the exemption could not be justified. (a) * * * * * first 50 meshes (100 bars in the case of Therefore, the Council made a (16) GOM Grate Raised Footrope square mesh) from the terminus of the precautionary decision to constrain the Trawl Exempted Whiting Fishery. net for vessels less than or equal to 60 exempted fishery to the season and area Vessels subject to the minimum mesh ft (18.3 m) in length. in which experimental data size restrictions specified in paragraphs (C) An owner or operator of a vessel demonstrated low bycatch rates. (a)(3) or (4) of this section may fish participating in the GOM Grate Raised The economic effects of the proposed with, use, or possess in the GOM Grate Footrope Trawl Exempted Whiting exempted grate raised footrope trawl Raised Footrope Trawl Whiting Fishery Fishery may fish for, possess, and land fishery are not expected to be significant area from July 1 through November 30 combined silver hake and offshore hake to the economy as a whole or to the of each year, nets with a mesh size only up to 7,500 lb (3,402 kg). An owner fishing industry in general. However, smaller than the minimum size or operator fishing with mesh larger past experience suggests that specified, if the vessel complies with than the minimum mesh size specified approximately 50 vessels could be the requirements specified in in paragraph (a)(16)(i)(A) of this section expected to participate in this exempted paragraphs (a)(16)(i) and (ii) of this may not fish for, possess, or land silver fishery, and these vessels would be section. The GOM Grate Raised hake or offshore hake in quantities expected to share in a possible $1 Footrope Trawl Whiting Fishery Area larger than 7,500 lb (3,402 kg). million in increased revenue (an (copies of a chart depicting the area are (ii) Gear specifications. In addition to additional $20,000 in annual revenue available from the Regional the requirements specified in paragraph per participating vessel). Analyses Administrator upon request) is defined (a)(16)(i) of this section, an owner or suggest that the initial fishery using the by straight lines connecting the operator of a vessel fishing in the GOM proposed grate raised footrope trawl following points in the order stated: Grate Raised Footrope Trawl Exempted would not be expected to expand Whiting Fishery must configure the quickly, but would probably allow bait GOM GRATE RAISED FOOTROPE vessel’s trawl gear as specified in fishing activities to occur and would TRAWL WHITING FISHERY EX- paragraphs (a)(16)(ii)(A) through (C) of likely result in activity levels similar to EMPTION AREA this section. those that occurred in 1996. Whiting (A) An owner or operator of a vessel (July 1 through November 30) market limitations, the characteristics of fishing in the GOM Grate Raised the grate raised footrope trawl fishery Point N. Lat. W. Long. Footrope Trawl Exempted Whiting (area, season, etc.), and other factors Fishery must configure the vessel’s suggest that a similar number of vessels, GRF1 ...... 43° 15′ 70° 35.4′ trawl gear with a raised footrope trawl with similar characteristics (size, GRF2 ...... 43° 15′ 70° 00′ as specified in paragraphs (a)(9)(ii)(A) tonnage, homeport) as those that GRF3 ...... 43° 25.2′ 70° 00′ through (C) of this section. In addition,

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the restrictions specified in paragraphs consisting of parallel bars of not more material is allowed in the lengthening (a)(16)(ii)(B) and (C) apply to vessels than 50 mm (1.97 inches) spacing that piece of the net forward of the grate to fishing in the GOM Grate Raised excludes all fish and other objects, direct catch towards the grate. Footrope Trawl Exempted Whiting except those that are small enough to (iii) Annual review. On an annual Fishery. pass between its bars into the codend of basis, the Groundfish PDT will review (B) The raised footrope trawl must be the trawl. The grate must be secured in data from this fishery, including sea used without a sweep of any kind the trawl, forward of the codend, in sampling data, to determine whether (chain, roller frame, or rockhopper). The such a manner that it precludes the adjustments are necessary to ensure that drop chains must be a maximum of 3/ passage of fish or other objects into the regulated species bycatch remains at a 8–inch (0.95 cm) diameter bare chain codend without the fish or objects minimum. If the Groundfish PDT and must be hung from the center of the having to first pass between the bars of recommends adjustments to ensure that footrope and each corner (the quarter, or the grate. The net must have an outlet regulated species bycatch remains at a the junction of the bottom wing to the or hole to allow fish or other objects that minimum, the Council may take action belly at the footrope). Drop chains must are too large to pass between the bars of prior to the next season through the be at least 42 inches (106.7 cm) in the grate to exit the net. The aftermost framework adjustment process specified length and must be hung at intervals of edge of this outlet or hole must be at in § 648.90(b), subject to the 8 ft (2.4 m) along the footrope from the least as wide as the grate at the point of Administrative Procedures Act. corners to the wing ends. attachment. The outlet or hole must * * * * * (C) The raised footrope trawl net must extend forward from the grate toward [FR Doc. 03–12742 Filed 5–20–03; 8:45 am] have a rigid or semi-rigid grate the mouth of the net. A funnel of net BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 98

Wednesday, May 21, 2003

This section of the FEDERAL REGISTER displays a currently valid OMB control and household income should not contains documents other than rules or number. exceed 100 percent of a State’s non- proposed rules that are applicable to the metropolitan median household Rural Business-Cooperative Service public. Notices of hearings and investigations, income. committee meetings, agency decisions and Title: Rural Economic Development Need and Use of the Information: rulings, delegations of authority, filing of Loan and Grant Program. RUS will collect the information from petitions and applications and agency OMB Control Number: 0570–0012. applicants applying for grants under 7 statements of organization and functions are Summary of Collection: Section 313 of examples of documents appearing in this CFR part 1778. Applicants must section. the Rural Electrification Act of 1936 (7 demonstrate that there is an imminent U.S.C. 940(c)) established a loan and emergency or that a decline occurred grant program. The program provides within 2 years of the date the DEPARTMENT OF AGRICULTURE zero interest loans and grants to Rural application was filed with Rural Utilities Service (RUS) borrowers for the Development. The information is Submission for OMB Review; purpose of promoting rural economic unique to each borrower and emergency Comment Request development and job creation projects. situation. The loans and grants under this program Description of Respondents: Not-for- May 16, 2003. may be provided to approximately 1,700 profit institutions; State, local or tribal The Department of Agriculture has electric and telephone utilities across government. submitted the following information the country that borrowed funds from Number of Respondents: 100. collection requirement(s) to OMB for RUS. Under this program, the RUS Frequency of Responses: Reporting: review and clearance under the borrowers may receive the loan funds on occasion. Paperwork Reduction Act of 1995, and pass them on to businesses or other Total Burden Hours: 400. Public Law 104–13. Comments organizations. Rural Utility Service regarding (a) whether the collection of Need and Use of the Information: The Title: 7 CFR Part 1755, information is necessary for the proper information collected is used to evaluate Telecommunications Field Trials. performance of the functions of the applications for funding consideration, conduct an environmental review, OMB Control Number: 0572–NEW. agency, including whether the Summary of Collection: Title 7 CFR prepare legal documents, receive loan information will have practical utility; 1755.3 prescribes the conditions and payments, oversee the operation of a (b) the accuracy of the agency’s estimate provision of a field trial. Field trials are revolving loan fund, monitor the use of of burden including the validity of the contractual obligations that a funds, enforce other government methodology and assumptions used; (c) manufacturer and Rural Utility Service requirements such as compliance with ways to enhance the quality, utility and (RUS) telecommunications borrower civil rights regulations. If the clarity of the information to be enter into. They consist of limited field information were not collected, the collected; (d) ways to minimize the installation of a qualifying product in agency would be unable to select the burden of the collection of information closely monitored situations designed to projects that will receive loan or grant on those who are to respond, including determine to RUS’ satisfaction the through the use of appropriate funds. Description of Respondents: Business products effectiveness under actual field automated, electronic, mechanical, or conditions. RUS will use field trials as other technological collection or other for-profit. Number of Respondents: 120. a means for determining the operational techniques or other forms of information effectiveness of a new or revised technology should be addressed to: Desk Frequency of Responses: Recordkeeping; reporting: on occasion; product where such experience does not Officer for Agriculture, Office of already exist. Field trial process allows Information and Regulatory Affairs, annually. Total Burden Hours: 4,273. manufacturers a means of immediate Office of Management and Budget access to the RUS borrower market; (OMB), Washington, DC 20503 and to Rural Utilities Service provides borrowers an opportunity to Departmental Clearance Office, USDA, Title: 7 CFR Part 1778, Emergency and immediately utilize advance products OCIO, Mail Stop 7602, Washington, DC Imminent Community Water Assistance and a means to safely obtain the 20250–7602. Comments regarding these Grants. necessary information on technically information collections are best assured OMB Control Number: 0572–0110. advanced products which will address of having their full effect if received Summary of Collection: The Rural the products suitability for use in the within 30 days of this notification. Utilities Service (RUS) is authorized harsh environment of rural America. Copies of the submission(s) may be under section 306A of the Consolidated Need and Use of the Information: obtained by calling (202) 720–8681. Farm and Rural Development Act, (7 RUS will use various forms to enter into An agency may not conduct or U.S.C. 1926(a)) to provide grants to rural contractual obligations, to establish sponsor a collection of information areas and small communities to secure agreements by the manufacturer and a unless the collection of information adequate quantities of safe water. Grants borrower, or identify the product(s) that displays a currently valid OMB control made under this program shall be made are under field trial. number and the agency informs for 100 percent of the project cost and Telecommunication borrowers potential persons who are to respond to may be made to public bodies and participate in field trials do so on a the collection of information that such private nonprofit corporations serving voluntary basis. The information is persons are not required to respond to rural areas. Grants can serve rural areas closely reviewed to determine that the the collection of information unless it with population not in excess of 5000, products comply with the established

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RUS standards and specifications and Frequency of Responses: Reporting on Frequency of Responses : Reporting: that the products are otherwise occasion. on occasion. acceptable for use on rural Total Burden Hours: 50. Total Burden Hours: 28. telecommunications systems. Without Rural Housing Service Animal & Plant Health Inspection this information, RUS has no means of Service determining the acceptability of Title: 7 CFR Part 1944–E, Rural Rental advanced technology in a manner that is and Cooperative Housing Loan Policies, Title: Mexican Fruit Fly; Treatments. timely enough for RUS borrowers to Procedures, and Authorizations. OMB Control Number: 0579–0215. take advantage of the improved benefits OMB Control Number: 0575–0047. Summary of Collection: The and promise that such products may Summary of Collection: The Rural Department of Agriculture is provide for rural America. Housing Agency (RHS), an agency of the responsible for preventing plant disease Description of Respondents: Business U.S. Department of Agriculture is or insect pests from entering the United or other for-profit; not-for-profit authorized to make loans to finance States, preventing the spread of pests institutions. rural rental and cooperative housing and noxious weeds not widely Number of Respondents: 4. projects and related facilities under distributed in the United States, and Frequency of Responses: Reporting: section 515 and 521 of title V of the eradicating those imported pests when on occasion. Housing Act of 1949, as amended. The eradication is feasible. The Mexican Total Burden Hours: 72. intent of the program is to provide fruit fly regulations, contained in 7 CFR affordable rental housing for elderly or 301.64 through 301.64–10 were Animal Plant and Health Inspection handicapped persons or families, or established to prevent the spread of the Service other persons and families of low or Mexican fruit fly to noninfested areas of Title: Johne’s Disease in Domestic moderate income in rural areas. the United States. The Mexican fruit fly Animals; Interstate Movement, 9 CFR Need and Use of the Information: is a destructive pest of citrus and many Part 80. RHS will collect information using other types of fruit. The short life cycle OMB Control Number: 0579–0148. various forms to evaluate the cost, of the Mexican fruit fly allows rapid Summary of Collection: Title 21 benefits, feasibility and financial development of serious outbreaks that U.S.C. authorizes sections 111, 114, performance of the proposed project, as can cause severe economic losses in 114a, 114–1, 115, 120, 121, 125, 126 well as the eligibility of the applicant. commercial citrus-producing areas. The 134a, 134c, 134f, and 134g. These Failure to collect this information Animal and Plant Health Inspection authorities permit the Secretary to would result in unauthorized Federal Service (APHIS) will collect information prevent, control and eliminate domestic assistance being granted. using form PPQ 519, Compliance Description of Respondents: Business diseases such as Johne’s disease, as well Agreement. or other for-profit; individuals or Need and Use of the Information: as to take actions to prevent and to households; not-for-profit institutions; APHIS will collect information to manage exotic diseases such as foot- State, local, or tribal government. ensure that permit conditions are met, and-mouth, classical swine fever, and Number of Respondents: 623. and that proper labeling, marking, and other foreign diseases. Johne’s disease Frequency of Responses: Reporting: other handling procedures are done affects cattle, sheep, goats, other On Occasion. before movement of the regulated ruminants and is incurable and Total Burden Hours: 35,088. article. Failure to collect this contagious eventually resulting in information would cripple APHIS death. The disease is nearly always Rural Housing Service ability to ensure that citrus and many introduced into a healthy herd by an Title: 7 CFR Part 1951–A, Account other types of fruit do not carry Mexican infected animal that is not showing Servicing Policies. fruit flies. symptoms of the disease. Moving OMB Control Number: 0575–0075. Description of Respondents: Business livestock affected with Johne’s disease Summary of Collection: The Rural or other for-profit; State; local or tribal requires the use of an owner-shipper Housing Service (RHS) provides government. statement, official eartags, and State supervised credit in the form of Single Number of Respondents: 722. participation in the program. Disease Family Housing, Multi-Family Housing, Frequency of Responses: Reporting: prevention is the most effective method and Community Facility loans and On occasion. for maintaining a healthy animal grants. Regulation 7 CFR part 1951–A Total Burden Hours: 462. population and for enhancing the sets forth the policies and procedures, Animal Plant and Health Inspection including the collection and use of Food and Nutrition Service Service (APHIS) ability to compete in information, regarding the application Title: Report of The Emergency Food the world market of animal and animal of payments on loans made under the Assistance Program (TEFAP) product trade. programs administered by the agencies Administrative. Need and Use of the Information: and the return of paid-in-full and OMB Control Number: 0584–0385. APHIS will collect information that satisfied promissory notes. Summary of Collection: The Common includes: (1) The number of animals to Need and Use of the Information: Rule entitled Uniform Administrative be moved, (2) the species of the animals, Borrowers submit information to the Requirements for Grants and (3) the point of origin and destination, local agency office servicing the county Cooperative Agreements to State and and (4) the consignor and consignee. in which their operation is located. The Local Governments (published by the Without the information APHIS would agency-servicing official reviews and Department as 7 CFR part 3106) sets be unable to ensure that Johne’s disease verifies the information. The financial reporting requirements for is not spread to healthy animal information is collected when needed State agencies administering non- populations throughout the United and on an individual case basis. entitlement programs, such as The States. Description of Respondents: Emergency Food Assistance Program Description of Respondents: Business Individuals or households; business or (TEFAP). The Food and Nutrition or other for profit. other for-profit. Service (FNS) requires state agencies to Number of Respondents: 250. Number of Respondents: 110. use the FNS–667, Report of the

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Emergency Food Assistance Program. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE This form is completed quarterly with a Questions maybe addressed to Cindy close-out report by State agencies Whitlock, Resource Analyst, La Grande Rural Business-Cooperative Service administering TEFAP. Ranger District, 3502 Highway 30, La Notice of Request for Extension of a Need and Use of the Information: FNS Grande, OR 97850, telephone: 541–962– Currently Approved Information will collect information to ensure that 8501. States meet the requirements, that States Collection Dated: May 8, 2003. match all Federal administrative funds AGENCY: Rural Business-Cooperative Karyn L. Wood, that are not passed down to local Service. agencies. Form FNS–667 is used to Forest Supervisor. ACTION: Proposed collection; comments report how Federal administrative funds [FR Doc. 03–12702 Filed 5–20–03; 8:45 am] requested. are utilized in three separate categories. BILLING CODE 3410–11–M States may use funds to pay costs SUMMARY: In accordance with the incurred by the State agency itself, or to Paperwork Reduction Act of 1995, this pay costs incurred by local recipient DEPARTMENT OF AGRICULTURE notice announces the Rural Business- agencies-emergency feeding Cooperative Service’s (RBS) intention to organizations (EFOs) that distribute Forest Service request information collection in USDA commodities to households. support of the program for 7 CFR part Description of Respondents: State, Notice of Sanders County Resource 1942–G Rural Business Enterprise local, or tribal government; Federal Advisory Committee Meeting Grants (RBEG) and Televisions government; farms; not-for-profit Demonstration Grants. institutions; business or other for-profit; AGENCY: Forest Service, USDA. DATES: Comments on this notice must be individuals or households. ACTION: Notice of meeting. received by July 21, 2003 to be assured Number of Respondents: 55. of consideration. Frequency of Responses: Reporting: FOR FURTHER INFORMATION CONTACT: Quarterly. SUMMARY: Pursuant to the authorities in Total Burden Hours: 963. the Federal Advisory Committee Act Amy Cavanaugh, Specialty Lenders (Pub. L. 92–463) and under the Secure Division, Rural Business-Cooperative Sondra A. Blakey, Rural Schools and Community Self- Service, U.S. Department of Agriculture, Departmental Information Collection Determination Act of 2000 (Pub. L. 106– STOP 3225, 1400 Independence Ave. Clearance Officer. 393) to Lolo and Kootenai National SW., Washington, DC 20250–3225, [FR Doc. 03–12728 Filed 5–20–03; 8:45 am] Forests’ Sanders County Resource Telephone (202) 690–2516. BILLING CODE 3410–01–M Advisory Committee will meet on July SUPPLEMENTARY INFORMATION: 10, at 6:30 p.m., in Thompson Fall, Title: Rural Business Enterprise Grants and Televisions Demonstration Montana for a business meeting. The DEPARTMENT OF AGRICULTURE Grants. meeting is open to the public. OMB Number: 0570–0022. Forest Service DATES: July 10, 2003, at 6:30 p.m. Expiration Date of Approval: October 31, 2003. Beaver Creek Fuels Reduction and ADDRESSES: The meeting will be held at Type of Request: Extension of a Associated Restoration Activities the Thompson Falls Courthouse, 1111 currently approved information Project, Wallowa-Whitman National Main Street, Thompson Falls, MT collection. Forest, Union County, OR 59873. Abstract: The objective of the RBEG AGENCY: Forest Service, USDA. program is to facilitate the development FOR FURTHER INFORMATION CONTACT: Lisa ACTION: Cancellation notice. of small and emerging private Krueger, Designated Forest Official businesses in rural areas. This purpose SUMMARY: On December 30, 1996, a (DFO), District Ranger Plains/Thompson is achieved through grants made by RBS Notice of Intent (NOI) to prepare an Falls District, Lolo National Forest at to public bodies and nonprofit environmental (EIS) for the Beaver (406) 826–4321, Brian Avery, District corporations. Television Demonstration Creek Salvage Timber Sale and Other Ranger Cabinet Ranger District, grants are available to private, nonprofit, Restoration Projects, on the La Grande Kootenai National Forest at (406) 827– public television systems to provide Ranger District of the Wallowa-Whitman 3533. information on agriculture and other National Forest, was published in the SUPPLEMENTARY INFORMATION: Agenda issues of importance to farmers and Federal Register (61 FR 68704). The topics include reviewing the status of rural residents. The regulation contains name of this project was later changed various requirements for information selected projects and receiving public on September 5, 1997, to ‘‘Beaver Creek from the grantees, and some comment. If the meeting location is Fuels Reduction and Associated requirements may cause the grantees to changed, notice will be posted in the Restoration Activities Project’’ in the require information from other parties. Federal Register (62 FR 46942). A local newspaper, including the Clark The information requested is vital for Notice of Availability for the draft EIS Fork Valley Press, Sanders County RBS to be able to process applications was published in the Federal Register Ledger, Daily Interlake, Missoulian, and in a responsible manner, make prudent on November 6, 1998 (63 FR 59988). River Journal. program decisions, and effectively Forest Service has decided to cancel the Dated: May 13, 2003. monitor the grantees’ activities to preparation of a final EIS analyzing fuel Lisa Krueger, protect the Government’s financial reduction proposals and related interest and ensure that funds obtained Designated Federal Official, District Ranger, activities within the Beaver Creek Plains/Thompson Falls Ranger District. from the Government are used unroaded area and La Grande Municipal appropriately. It includes information to [FR Doc. 03–12737 Filed 5–20–03; 8:45 am] Watershed. The NOI is hereby determine eligibility, the specific rescinded. BILLING CODE 3410–11–M purpose for which grant funds will be

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used, timeframes, who will be carrying automated, electronic, mechanical, or administrative reviews of various out the grant purposes, project priority, other technological collection antidumping and countervailing duty applicant experience, employment techniques or other forms of information orders and findings with April improvement, and mitigation of technology. Comments may be sent to anniversary dates. In accordance with economic distress. Cheryl Thompson, Regulations and the Department’s regulations, we are Estimate of Burden: Public reporting Paperwork Management Branch, U.S. initiating those administrative reviews. burden for this collection of information Department of Agriculture, Rural The Department of Commerce also is estimated to average 2.5 hours per Development, STOP 0742, 1400 received a request to revoke one response. Independence Ave. SW., Washington, antidumping duty order in part. Respondents: Nonprofit corporations DC 20250. All responses to this notice EFFECTIVE DATE: May 21, 2003. and public bodies. will be summarized and included in the FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: request for Office of Management and 720. Holly A. Kuga, Office of AD/CVD Budget approval. All comments will Enforcement, Import Administration, Estimated Number of Responses per also become a matter of public record. Respondent: 12. International Trade Administration, Estimated Number of Responses: Dated: May 12, 2003. U.S. Department of Commerce, 14th 8,660. John Rosso, Street and Constitution Avenue, NW., Estimated Total Annual Burden on Administrator, Rural Business-Cooperative Washington, DC 20230, telephone: (202) Respondents: 22,395. Service. 482–4737. Copies of this information collection [FR Doc. 03–12760 Filed 5–20–03; 8:45 am] SUPPLEMENTARY INFORMATION: can be obtained from Cheryl Thompson, BILLING CODE 3410–15–P Background Regulations and Paperwork Management Branch, at (202) 692–0043. The Department has received timely DEPARTMENT OF COMMERCE requests, in accordance with 19 CFR Comments 351.213(b)(2002), for administrative Comments are invited on: (a) Whether International Trade Administration reviews of various antidumping and the proposed collection of information countervailing duty orders and findings is necessary for the proper performance Initiation of Antidumping and with April anniversary dates. The of the functions of RBS, including Countervailing Duty Administrative Department also received a timely whether the information will have Reviews and Request for Revocation request to revoke in part the practical utility; (b) the accuracy of the in Part antidumping duty order on Certain Steel RBS estimate of the burden of the AGENCY: Import Administration, Concrete Reinforcing Bars from Turkey. proposed collection of information, International Trade Administration, Initiation of Reviews including the validity of the Department of Commerce. methodology and assumptions used; (c) ACTION: Notice of Initiation of In accordance with section 19 CFR ways to enhance the quality, utility, and Antidumping and Countervailing Duty 351.221(c)(1)(i), we are initiating clarity of the information to be Administrative Reviews and Request for administrative reviews of the following collected; and (d) ways to minimize the Revocation in Part. antidumping and countervailing duty burden of the collection of information orders and findings. We intend to issue on those who are to respond, including SUMMARY: The Department of Commerce the final results of these reviews not through the use of appropriate has received requests to conduct later than April 30, 2004.

Period to be reviewed

Antidumping Duty Proceedings The People’s Republic of China: Automotive Replacement Glass Windshields 1, A–570–867 ...... 9/19/01–3/31/03 Changchun Pilkington Safety Glass Company, Ltd. Dongguan Kongwan Automobile Glass, Ltd. Fuyao Glass Industry Group company, Ltd. Guilin Pilkington Safety Glass Company, Ltd. Peaceful City, Ltd. Shanghai Yaohua Pilkington Autoglass Company, Ltd. Shenzen CSG Automotive Glass Co., Ltd. (formerly Shenzhen Benxum AutoGlass Co., Ltd.) TCG International, Inc. Wuhan Yaohua Pilkington Safety Glass Company, Ltd. Xinyi Automotive Glass (Shenzhen) Co., Ltd. The People’s Republic of China: Brake Rotors 2, A–570–846 ...... 4/1/02–3/31/03 China National Machinery and Equipment Import & Export (Xianjiang) Corporation, and manufactured by any company other than Zibo Botai Manufacturing Co., Ltd. China National Automotive Industry Import & Export Corporation, and manufactured by any company other than Laizhou CAPCO Machinery Co., Ltd. Laizhou CAPCO Machinery Co., Ltd., and manufactured by any company other than Laizhou CAPCO Machinery Co., Ltd. Laizhou Luyuan Automobile Fittings Co., and manufactured by any company other than Laizhou Luyuan Automobile Fit- tings Co., or Shenyang Honbase Machinery Co., Ltd. Shenyang Honbase Machinery Co., Ltd., and manufactured by any company other than Laizhou Luyuan Automobile Fittings Co. or Shenyang Honbase Machinery Co., Ltd., China National Industrial Machinery Import & Export Corporation Laizhou Auto Brake Equipment Co., Ltd. Qingdao Gren (Group) Co.

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Period to be reviewed

Yantai Winhere Auto-Part Manufacturing Co., Ltd. Longkou Haimeng Machinery Co., Ltd. Zibo Luzhou Automobile Parts Co., Ltd. Laizhou Hongda Auto Replacement Parts Co., Ltd. Hongfa Machinery (Dalian) Co., Ltd. Qingdao Meita Automotive Industry Co., Ltd. Shangdong Huanri (Group) General Company Longkou TLC Machinery Co., Ltd. Zibo Golden Harvest Machinery Limited Company Shanxi Fengkun Metalurgical Limited Company Xianghe Xumingyuan Auto Parts Co., Ltd. Xiangfen Hengtai Brake Systems Co., Ltd. Turkey: Certain Steel Concrete Reinforcing Bars, A–489–807 4/1/02–3/31/03. Cebitas Demir Celik Endustrisi A.S. Cemtas Celik Makina Sanayi ve Ticaret A.S. Colakoglu Metalurji A.S. Demirsan Haddecilik Sanayi ve Ticaret A.S. Diler Demir Celik Endustri ve Ticaret A.S. Ege Celik Endustrisi Sanayi ve Ticaret A.S. Ege Metal Demir Celik Sanayi ve Ticaret A.S. Ekinciler Holding A.S. and Ekinciler Demir Celik San A.S. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S. Iskenderun Iron & Steel Works Co. Izmir Demir Celik Sanayi A.S. Kaptan Demir Celik Endustrisi ve Ticaret A.S. Kardemir—Karabuk Demir Celik Sanayi ve Ticaret A.S. Kroman Celik Sanayi A.S. Kurum Demir Sanayi ve Ticaret Metalenerji A.S. Metas Izmir Metalurji Fabrikasi Turk A.S. Nurmet Celik Sanayi ve Ticaret A.S. Nursan Celik Sanayi ve Haddecilik A.S. Sivas Demir Celik Isletmeleri A.S. Tosyali Demir Celik Sanayi A.S. Ucel Haddecilik Sanayi ve Ticaret A.S. Yazici Demir Celik Sanayi ve Ticaret A.S. Countervailing Duty Proceedings: None. Suspension Agreements: None. 1 If one of the named companies does not qualify for a separate rate, all other exporters of automotive replacement glass windshields from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 2 If one of the named companies does not qualify for a separate rate, all other exporters of brake rotors from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.

During any administrative review Interested parties must submit DEPARTMENT OF COMMERCE covering all or part of a period falling applications for disclosure under between the first and second or third administrative protective orders in International Trade Administration and fourth anniversary of the accordance with 19 CFR 351.305. [A–583–831] publication of an antidumping duty These initiations and this notice are order under § 351.211 or a in accordance with section 751(a) of the Stainless Steel Sheet and Strip in Coils determination under § 351.218(f)(4) to Tariff Act of 1930, as amended (19 from Taiwan: Extension of Time Limits continue an order or suspended U.S.C. 1675(a)), and 19 CFR for Preliminary Results of Antidumping investigation (after sunset review), the 351.221(c)(1)(i). Duty Administrative Review Secretary, if requested by a domestic Dated: May 15, 2003. interested party within 30 days of the AGENCY: Import Administration, date of publication of the notice of Holly A. Kuga, International Trade Administration, initiation of the review, will determine Acting Deputy Assistant Secretary, Group II Department of Commerce. whether antidumping duties have been for Import Administration. ACTION: Extension of time limits for the absorbed by an exporter or producer [FR Doc. 03–12769 Filed 5–20–03; 8:45 am] preliminary results of antidumping duty subject to the review if the subject BILLING CODE 3510–DS–P administrative review. merchandise is sold in the United States through an importer that is affiliated SUMMARY: The Department of Commerce with such exporter or producer. The (‘‘the Department’’) is extending the request must include the name(s) of the time limits for the preliminary results of the antidumping duty administrative exporter or producer for which the review of stainless steel sheet and strip inquiry is requested. (‘‘SSSS’’) from Taiwan.

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EFFECTIVE DATE: May 21, 2003. which the review under section Number of Respondents: 1,555. FOR FURTHER INFORMATION CONTACT: Lilit 751(a)(1) is requested. If it is not Average Hours Per Response: 15 Astvatsatrian, AD/CVD Enforcement practicable to complete the review minutes for an interview, 15 minutes for Group III, Office 9, Import within the foregoing time, the a vessel captain/owner to gather Administration, International Trade administering authority may extend that business information. Administration, U.S. Department of 245-day period to 365 days. Completion Commerce, 14th Street and Constitution of the preliminary results within 245- Needs and Uses: This is a request to Avenue, NW., Washington, DC 20230; day period is impracticable for the extend Paperwork Reduction Act telephone: (202) 482–6412. following reasons: (1) This review approval for data collection for the requires the Department to analyze Socio-Economic Pilot Study sponsored Background YUSCO’s complex affiliations and by the Atlantic Coast Cooperative On July 1, 2002, the Department corporate relationships; (2) this review Statistics Program (ACCSP) and published a notice of opportunity to requires the Department to gather and conducted by the National Marine request an administrative review of the analyze a significant amount of Fisheries Service. Due to a one year antidumping duty order on SSSS from information pertaining to Chia Far’s delay in initiating the project, data Taiwan. See Antidumping or manufacturing costs due to new collection efforts must be extended Countervailing Duty Order, Finding, or structural plant changes affecting the through June 30, 2004 to allow for Suspended Investigation; Opportunity POR; (3) this review involves a large completion of the proposed data to Request Administrative Review, 67 number of transactions and complex collection cycle.This pilot study is FR 44172 (July 1, 2002). On July 30, adjustments; and (4) this review designed to develop socio-cultural and 2002, Yieh United Steel Corporation involves examining complex economic information systems for (‘‘YUSCO’’) and Chia Far Industrial relationships between the producers Factory Co. Ltd. (‘‘Chia Far’’), commercial and recreational fisheries. and their customers and suppliers. Three specific arenas will be addressed Taiwanese producers of subject Because it is not practicable to during this study. The first is to identify merchandise, requested that the complete this review within the time and address potential problems with the Department conduct an administrative specified under the Act, we are mechanics of implementing the system. review of their sales of subject extending the due date for the merchandise during the period of preliminary results by an additional 30 These include all data gathering, entry, review (‘‘POR’’). On July 31, 2002, days until July 31, 2003, in accordance and storage activities as well as the 1 petitioners requested that the with section 751(a)(3)(A) of the Act. The ability to link the data to all other Department conduct an administrative final results continue to be due 120 days ACCSP data. The second is to carry out review of Chia Far, YUSCO, Tung Mung after the publication of the preliminary a field test of the survey instrument Development Co., Ltd. (‘‘Tung Mung’’) results. This notice is issued and across the different cultural and socio- and Ta Chen Stainless Pipe Co., Ltd. published in accordance with section economic contexts in which the data- (‘‘Ta Chen’’). On August 27, 2002, the 751(a)(3)(A) of the Act, and section gathering system must eventually be Department published a notice of 351.213(h)(2) of the Department’s implemented. Field testing questions initiation of a review of SSSS from regulations. and instruments is standard procedure Taiwan covering the period July 1, 2001 Dated: May 14, 2003. in preparing for any survey research. through June 30, 2002. See Initiation of The third arena is to verify the Barbara E. Tillman, Antidumping and Countervailing Duty economic model. Initial data gathering Acting Deputy Assistant Secretary for Import Administrative Reviews and Requests in the summer flounder fishery will be for Revocation in Part, 67 FR 55000 Administration, Group III. carried out and the data used for test (August 27, 2002). On March 24, 2003, [FR Doc. 03–12768 Filed 5–20–03; 8:45 am] runs of several standard economic the Department extended the time limit BILLING CODE 3510–DS–P for the preliminary results of this models. administrative review by 90 days. See Affected Public: Business or other for- Stainless Steel Sheet and Strip in Coils DEPARTMENT OF COMMERCE profit organizations, individuals or from Taiwan: Extension of Time Limits [I.D. 051603A] households. for Preliminary Results of Antidumping Frequency: Quarterly, semi-annually. Duty Administrative Review, 68 FR Submission for OMB Review; Respondent’s Obligation: Voluntary. 14195 (March 24, 2003). The Comment Request preliminary results of review are OMB Desk Officer: David Rostker, currently due no later than July 1, 2003. The Department of Commerce has (202) 395–3897. submitted to the Office of Management Copies of the above information Extension of Time Limits for and Budget (OMB) for clearance the Preliminary Results following proposal for collection of collection proposal can be obtained by Section 751(a)(3)(A) of the Tariff Act information under the provisions of the calling or writing Diana Hynek, of 1930, as amended (‘‘the Act’’) states Paperwork Reduction Act (44 U.S.C. Departmental Paperwork Clearance that the administering authority shall Chapter 35). Officer, (202) 482–0266, Department of make a preliminary determination Agency: National Oceanic and Commerce, Room 6625, 14th and within 245 days after the last day of the Atmospheric Administration (NOAA). Constitution Avenue, NW, Washington, month in which occurs the anniversary Title: Commercial Harvesters and DC 20230 (or via the Internet at of the date of publication of the order, Recreational Party and Charter Boat [email protected]).Written comments finding, or suspension agreement for Socio-cultural and Economic Data and recommendations for the proposed Collection Pilot. information collection should be sent 1 Petitioners are Allegheny Ludlum Corporation, Form Number(s): None. within 30 days of publication of this AK Steel Corporation, Butler Armco Independent OMB Approval Number: 0648–0400. notice to David Rostker, OMB Desk Union, J&L Specialty Steel, Inc., United States Steelworkers of America, AFL–CIO/CLC, and Type of Request: Regular submission. Officer, Room 10202, New Executive Zanesville Armco Independent Organization. Burden Hours: 793. Office Building, Washington, DC 20503.

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Dated: May 15, 2003. ADDRESSES: Comments in writing products or data on the Internet; NOS Gwellnar Banks, should be submitted to Director, Office Web sites. Management Analyst, Office of the Chief of Coast Survey, National Ocean One of the primary reasons for making Information Officer. Service, NOAA (N/CS), 1315 East-West digital navigational and related data [FR Doc. 03–12738 Filed 5–20–03; 8:45 am] Highway, Silver Spring, MD 20910. available to the public on the Internet is BILLING CODE 3510–22–S Written comments may be FAXed to to promote safe navigation. In the past, (301) 713–4019. Comments by e-mail mariners would have to wait until new should be submitted to editions of nautical charts, the U.S. DEPARTMENT OF COMMERCE [email protected]. Coast Pilot and other publications were released before they would have National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: access to updated information. Today’s Administration Mike Brown, Electronic Chart Products digital technologies and widespread Manager, Marine Chart Division, Office access to the Internet provide the means Distribution of Digital Navigation and of Coast Survey, NOS/NOAA, (301) to make this information available to the Associated Data; NOAA Electronic 713–2724, Extension 153, FAX, (301) mariner much sooner, sometimes in Navigational Charts Released as 713–4516. near real-time. In addition, often much Nautical Charts SUPPLEMENTARY INFORMATION: Under 33 more accurate or complete information can be distributed in digital format that AGENCY: National Ocean Service, U.S.C. 883a et seq. NOS is responsible could be provided in a printed National Oceanic and Atmospheric for providing nautical charts and related document. Administration, Department of information for safe navigation and Releasing NOS digital navigation data Commerce. other purposes. In fulfilling this responsibility, NOS collects and and information available on the ACTION: Notice. compiles hydrographic, tidal and Internet is expected to encourage commercial mariners, recreational SUMMARY: NOAA’s National Ocean current, geodetic and a variety of other boaters and others to use the most Service (NOS) is announcing the data and information. In the past, NOS accurate and complete digital distribution of certain digital navigation made this information available to the information available. Digital navigation and related data to the public on the public primarily by publishing and data that are easily accessible is in Internet. In July 2001, NOS began distributing various paper charts and demand; if NOS data were not available posting its Electronic Navigational other printed materials. It is now or accessible, people would be expected Charts (NOAA ENCs) on the Internet. technologically feasible to disseminate to utilize less reliable, less accurate or Now NOS is or will be making digital much of this information in digital less complete data with the attendant versions of the U.S. Coast Pilot, Tide format on the Internet and NOS intends increased risks. and Current Tables, Shoreline Data and to do so when it is reasonable and feasible to take such action. NOAA Another safety benefit from the certain other products available on the release of these data is that it may consulted with the U.S. Coast Guard Internet. These products have primary encourage the development of new and concerning its proposal to make digital application in navigation and in a broad better navigation products that utilize navigation data, including NOAA range of Geographic Information System the best data available. For example, ENCs, available on the Internet. The activities. The electronic distribution of several navigation software programs Coast Guard concurred that such action navigational and related data will have been developed to utilize products would promote marine safety. supplement other methods of such as NOAA ENCs. distribution; paper versions of these NOS digital products that are being A secondary benefit of releasing these products are expected to continue to be distributed are expected to be data on the Internet is that it is expected available from existing sources. distributed on the Internet include but to promote the open and efficient  A primary purpose of providing this are not limited to NOAA ENCs , the exchange of public, scientific and  information and data on the Internet is U.S. Coast Pilots , Water Level, technical information. The public to improve marine safety and reduce the Observations, Water Level Time Series generally, not just mariners, has an risk of accidents, including injury to Plots, Predicted Tides and Tidal interest in these data. Internet access to people, property, the environment and Currents, Tidal Predictions Program, NOS navigation and other data will local economies. Providing mariners Published Bench Mark Sheets with maximize dissemination of this with more timely and accurate Tidal Datums, Harmonic Constituents, information to ocean engineers, marine information via the Internet is expected Coastal Survey Maps/Shoreline Data, scientists, emergency response to improve their decision-making CORS—Global Positioning System personnel, a mangers and policy capability in an often rapidly changing Continuously Operating Reference makers, including those in state and marine environment. Station data, Geodetic Control Data local governments, academia and other In addition, NOS is announcing its Sheets, Tidal and Orthometric institutions as well as the private sector. intention to remove the ‘‘provisional’’ Elevations, Gravity Data, Online User  Such action may promote scientific label for NOAA ENCs distributed on Positioning Service, Geoid data, and advances, sound marine and coastal the Internet. Once that label is removed, various types of positioning and  management, and commercial a NOAA ENC will constitute a conversion software such as HTDP, development of new and better ‘‘nautical chart’’ for the purposes of the NADCON, LVL DH, and Surface Gravity navigation or other products. 1974 International Convention for the Prediction. Such action is designed to be Safety of Life at Sea, as previously NOS data that might be affected by consistent with section 2 of the announced in Federal Register, Volume the above announcement is posted at Paperwork Reduction Act, 44 U.S.C. 67, Number 111, pages 39695–39696, the following NOAA Web sites: http:// 3506(d) and Office of Management and published June 10, 2002. chartmaker.ncd.noaa,gov. http://co- Budget Circular A–130 regarding DATES: Comments on this action should ops.nos.noaa.gov; and http:// information management and be submitted on or before 5 p.m., EST, www.ngs.noaa.gov NOS may also dissemination and is expected to June 20, 2003. release other present or future nautical maximize the usefulness of government

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data. Currently NOAA collects, be certified, the developer may be through Saturday, June 14, 2003. The compiles and maintains these data and required to establish a process to ensure Scientific and Statistical Committee will little or no expense will be incurred in that NOS data are incorporated into the begin at 8 a.m. on Monday, June 9, and making these data available to the product without compromise to the data continue through Wednesday, June 11, public on the Internet. quality or data lineage. 2003. Generally, NOAA does not intend to NOS intends to issue standards The Council will begin its plenary limit access to, or restrict use of the data governing the certification process for session at 8 a.m. on Wednesday, June 11 it makes available on the Internet. Of derived navigational products. Among continuing through Wednesday June 18. course, sensitive data will be reviewed the standards under consideration are: Council Plenary Session: The agenda and if there are homeland security (1) The operation of a quality assurance for the Council’s plenary session will issues, proprietary concerns, privacy system that is in essential compliance include the following issues. The implications or similar issues, such data with a recognized quality standard, such Council may take appropriate action on may not be placed on the Internet. In as ISO 9000 series or equivalent, and (2) any of the issues identified. addition, in some cases where the data the certification by a U.S. Coast Guard- 1. Reports or use of the data are not completely approved quality standards organization (a) Executive Director’s Report reliable, where procedures for updating that results in products being (b) Trawl 3rd Wire Report the data are not fully tested and consistently manufactured to the same (c) NMFS Management/Enforcement operational, where the public may lack specification. Reports 2. Gulf of Alaska Rationalization familiarity with the use of those data NOS is publishing this notice (GOA): Review discussion papers and and associated products, or for other consistent with section 8.a(6)(j) of the refine alternatives, elements and reasons, NOS may release the data on a Office of Management and Budget options. provisional basis with a statement that Circular A–130. the data are not to be used for 3. Programmatic Groundfish Dated: May 14, 2003. navigational purposes. This was the Supplemental Environmental Impact case with the original release of NOAA Jamison S. Hawkins, Statement (PGSEIS): Select draft ENCs in 2001. Acting Assistant Administrator, Ocean preferred alternative. From all indications, mariners and Services and Coastal Zone Management, 4. Essential Fish Habitat (EFH)/ other users are now familiar with NOAA National Oceanic and Atmospheric Habitat Areas of Particular Concern ENCs. The response to NOAA ENCs Administration. (HAPC): Update on Supplemental on the Internet has been [FR Doc. 03–12703 Filed 5–20–03; 8:45 am] Environmental Impact Statement overwhelmingly positive, with more BILLING CODE 3510–JE–M development, report on Coral/Sponge than 480,000 individual files bycatch limits, Committee report on downloaded. NOAA ENCs were HAPC process. designed to comply with International DEPARTMENT OF COMMERCE 5. Bering Sea/Aleutian Island (BSAI) Hydrographic Organization’s S–57 ENC Pacific Cod Allocation: Final action on National Oceanic and Atmospheric Amendment 77 (fixed gear allocations). Product Specification and have been Administration greatly successful with a notable 6. Improved Retention/Improved absence of significant errors. Further, [I.D. 051303D] Utilization (IR/IU): Review alternatives the NOAA ENC files are now being and options for Trailing Amendment A updated for Notices to Mariners on a North Pacific Fishery Management (multi-species co-ops for head and gut monthly basis and then posted to the Council; Public Meetings catcher/processor sector and species NOAA ENC Web page, available for allocation). Final action on Trailing AGENCY: National Marine Fisheries Amendment C (minimum retention downloading. Consequently, NOS will Service (NMFS), National Oceanic and remove the ‘‘provisional’’ label for standards).  Atmospheric Administration (NOAA), 7. Steller Sea Lion (SSL): SSL NOAA ENCs distributed on the Commerce. Internet in the near future. Once that Mitigation Committee Report. ACTION: Notice of public meetings. label is removed, a NOAA ENC will 8. Groundfish Management: Target/ constitute a ‘‘nautical chart’’ for the Non-target workgroup report. BSAI Cod SUMMARY: The North Pacific Fishery depletion study - Review 1st year purposes of the 1974 International Management Council (Council) and its Convention for the Safety of Life at Sea. results. advisory committees will hold public 9. Crab Management: Initial Review In the future NOAA intends to meetings in Kodiak, AK. monitor the release and use of its data Pribilof Blue King Crab Rebuilding Plan. DATES: The meetings will be held June 10. Staff Tasking: Review tasking and and may remove, or in some cases, add 9 through June 18, 2003. See committees and provide direction to provisional use labels or other warnings SUPPLEMENTARY INFORMATION for specific staff. or restrictions through an dates and times. All meetings are open 11. Other Business: Approve updated announcement on the Web site to the public except executive sessions. Statement of Organization Practices and associated with the data. Procedures (SOPPs). NOS does not seek to limit access or ADDRESSES: The meetings will be held at the Best Western Kodiak Inn, 236 Scientific and Statistical Committee restrict use of the data it provides on the (SSC): The SSC agenda will include the Internet for most purpose, but it is Rezanof, Kodiak, AK 99615. Council address: North Pacific following issues: concerned about the use of these data in 1. Programmatic Groundfish SEIS situations that may compromise marine Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 2. Essential Fish Habitat safety. Consequently, NOS plans to 3. Improved Retention/Improved 99501–2252. work with mariners, product developers Utilization and others to establish specific FOR FURTHER INFORMATION CONTACT: 4. Groundfish Management procedures for users who wish to Council staff, phone: 907–271–2809. 5. Crab Management incorporate NOS data into certain SUPPLEMENTARY INFORMATION: The Advisory Panel: The Advisory Panel navigation products. Thus, in order for Council’s Advisory Panel will begin at will address the same agenda issues as a value-added navigational product to 8 a.m., Monday, June 9 and continue the Council.

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Although non-emergency issues not ADDRESSES: The meeting will be held at RFSAP may also recommend contained in this agenda may come the Florida Marine Research Institute, management measures to achieve the before this Council for discussion, in 100 Eighth Avenue, Southeast, St. ABC. The RFSAP may also make accordance with the Magnuson-Stevens Petersburg, FL 33701–5095; telephone: recommendations pertaining to its role Fishery Conservation and Management 727–896–8626. in future SEDAR meetings. Act, these issues may not be the subject Council address: Gulf of Mexico The RFSAP will hold it’s own session of formal Council action during the Fishery Management Council, 3018 U.S. meeting. Council action will be Highway 301 North, Suite 1000, Tampa, in conjunction with the Stock restricted to those issues specifically FL 33619. Assessment Workshop to review the following issues: (1) role of the RFSAP identified in the agenda listed in this FOR FURTHER INFORMATION CONTACT: Mr. in the SEDAR process; (2) review of notice and any issues arising after Phil Steele, NMFS Southeast Regional publication of this notice that require Office, 9721 North Executive Center alternatives for revision of the emergency action under section 305(c) Drive, St. Petersburg, FL 33702; rebuilding plan for Gulf red snapper, of the Magnuson-Stevens Act, provided telephone: 727–570–5305. and; (3) new information on Goliath the public has been notified of the grouper if that data is available. SUPPLEMENTARY INFORMATION: The Stock Council’s intent to take final action to Assessment Workshop will focus on the Both the Stock Assessment Workshop address the emergency. single yellowtail snapper stock off the report and the conclusions of the Special Accommodations U.S. mainland that falls within the RFSAP will be reviewed by the Stock These meetings are physically jurisdictional boundaries of the Gulf Assessment Review Workshop, the accessible to people with disabilities. Council, South Atlantic Council, and Council’s Standing and Special Reef Requests for sign language FFWCC. Yellowtail snapper in the Fish Scientific and Statistical interpretation or other auxiliary aids Caribbean appear to be a different Committee (SSC), (which will be should be directed to Gail Bendixen at population based on preliminary genetic convened as part of the Stock 907–271–2809 at least 7 working days analyses, and will not be included in Assessment Review Workshop), the prior to the meeting date. this assessment. Socioeconomic Panel (SEP), and the The Stock Assessment Workshop is Reef Fish Advisory Panel (AP). The Dated: May 14, 2003. the second step in the three-part SEDAR Richard W. Surdi, reports and recommendations of these process. The first step was the Data groups will then be presented to the Acting Director, Office of ustainable Fisheries, Review Workshop (held March 3–7, National Marine Fisheries Service. Gulf Council, which may set year a 2004 2003) and involved the assembly and total allowable catch (TAC) as well as [FR Doc. 03–12740 Filed 5–20–03; 8:45 am] review of available fishery data, life other management measures for the Gulf BILLING CODE 3510–22–S history information, analytical of Mexico exclusive economic zone techniques and models for the stock assessment. The second step is the component of the yellowtail snapper DEPARTMENT OF COMMERCE Stock Assessment Workshop, where stock. A copy of the agenda for the RFSAP National Oceanic and Atmospheric data sets from the Data Review Administration Workshop are used with population portion of the meeting can be obtained dynamics modeling techniques to by calling 813–228–2815. [I.D. 051403D] determine the status of stocks. The third Although other issues not on the step of SEDAR is the Stock Assessment agenda may come before the RFSAP for Gulf of Mexico Fishery Management Review Workshop (to be scheduled in Council; Public Meeting discussion, in accordance with the July, 2003), where the stock assessment Magnuson-Stevens Fishery is reviewed by an independent peer AGENCY: National Marine Fisheries Conservation and Management Act, Service (NMFS), National Oceanic and review panel. The Stock Assessment Workshop will those issues may not be the subject of Atmospheric Administration (NOAA), formal action during this meeting. Commerce. convene a select group of scientists, Actions of the RFSAP will be restricted ACTION: Notice of public meeting. industry representatives, and other knowledgeable persons to review the to those issues specifically identified in SUMMARY: The Gulf of Mexico Fishery available data and the yellowtail the agenda listed as available by this Management Council (Gulf Council) and snapper stock assessment presented by notice. South Atlantic Fishery Management FFWCC biologists. The workshop The RFSAP meeting is open to the Council (South Atlantic Council) in participants will prepare a written public and is physically accessible to cooperation with the Florida Marine Workshop report that provides an people with disabilities. Requests for Research Institute (FMRI) of the Florida overview of the analyses, general sign language interpretation or other Fish and Wildlife Conservation findings, and recommendations of the auxiliary aids should be directed to the Commission (FFWCC) and the workshop. As part of the Stock Council office (see ADDRESSES)by June Southeast Fisheries Science Center of Assessment Workshop, the Gulf Council 30, 2003. the National Marine Fisheries Service will convene a meeting of its Reef Fish (NOAA Fisheries) will convene a Stock Assessment Panel (RFSAP). The Dated: May 15, 2003. yellowtail snapper Stock Assessment RFSAP is composed of biologists who Richard W. Surdi, Workshop as part of the 2003 Southeast are trained in the specialized field of Acting Director, Office of Sustainable Data Assessment and Review (SEDAR) population dynamics. Based on its Fisheries, National Marine Fisheries Service. process. The workshop will be held review of the yellowtail snapper stock [FR Doc. 03–12741 Filed 5–20–03; 8:45 am] from Monday June 9, 2003 through assessment, the RFSAP may recommend BILLING CODE 3510–22–S Friday, June 13, 2003. whether to declare the stocks overfished DATES: The workshop will be held from and/or undergoing overfishing, and may Monday June 9, 2003 through Friday, recommend a range of acceptable June 13, 2003. biological catch (ABC) for 2004. The

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DEPARTMENT OF COMMERCE Dated: May 14, 2003. the patent is extended under 35 U.S.C. Bruce C. Morehead, 156(d)(5) for a term of one year, i.e., National Oceanic and Atmospheric Acting Director, Office of Sustainable until May 18, 2004. Administration Fisheries, National Marine Fisheries Service. Dated: May 9, 2003. [FR Doc. 03–12739 Filed 5–20–03; 8:45 am] James E. Rogan, [I.D. 051203D] BILLING CODE 3510–22–S Under Secretary of Commerce for Intellectual Permits; Foreign Fishing Property and Director of the United States Patent and Trademark Office. DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries [FR Doc. 03–12729 Filed 5–20–03; 8:45 am] Service (NMFS), National Oceanic and Patent and Trademark Office BILLING CODE 3510–16–P Atmospheric Administration (NOAA), Commerce. Grant of Interim Extension of the Term ACTION: Notice of receipt of foreign of U.S. Patent No. 4,567,264; COMMITTEE FOR THE fishing application. Ranolazine IMPLEMENTATION OF TEXTILE AGREEMENTS SUMMARY: NMFS publishes for public AGENCY: Patent and Trademark Office. review and comment a summary of an ACTION: Notice of interim patent term Procedures for Considering Requests application submitted by the extension. from the Public for Textile and Apparel Government of the Russian Federation Safeguard Actions on Imports from SUMMARY: The United States Patent and requesting authorization to conduct China Trademark Office has issued a fishing operations in the U.S. Exclusive certificate under 35 U.S.C. 156(d)(5) for Economic Zone (EEZ) in 2003 under May 19, 2003. a one-year interim extension of the term provisions of the Magnuson-Stevens AGENCY: The Committee for the of U.S. Patent No. 4,567,264. Fishery Conservation and Management Implementation of Textile Agreements Act (Magnuson-Stevens Act). FOR FURTHER INFORMATION CONTACT: (The Committee). Karin Ferriter by telephone at (703)306– ACTION: Notice of Procedures ADDRESSES: Comments may be 3159; by mail marked to her attention submitted to NMFS, Office of and addressed to Mail Stop Patent Ext., SUMMARY: This notice sets forth the Sustainable Fisheries, International Commissioner for Patents, P.O. Box procedures the Committee for the Fisheries Division, 1315 East-West 1450, Alexandria, VA 22313–1450; by Implementation of Textile Agreements Highway, Silver Spring, MD 20910; and/ fax marked to her attention at (703)872– (the Committee) will follow in or to the Regional Fishery Management 9411, or by e-mail to considering requests from the public for Councils listed here: [email protected]. textile and apparel safeguard actions as Paul J. Howard, Executive Director, provided for in the Report of the SUPPLEMENTARY INFORMATION: New England Fishery Management Section Working Party on the Accession of Council, 50 Water Street, Mill 2, 156 of title 35, United States Code, China to the World Trade Organization Newburyport, MA 01905, Phone (978) generally provides that the term of a (the Accession Agreement). The 465–0492, Fax (978) 465–3116; patent may be extended for a period of Committee hereby notifies interested Daniel T. Furlong, Executive Director, up to five years if the patent claims a parties of the procedures it will follow Mid-Atlantic Fishery Management product, or a method of making or using in considering requests. a product, that has been subject to Council, Federal Building, Room 2115, EFFECTIVE DATE: May 21, 2003. 300 South New Street, Dover, DE 19904, certain defined regulatory review, and ADDRESS: Request must be submitted to: Phone (302) 674–2331, Fax (302) 674– that the patent may be extended for the Chairman, Committee for the 4136. interim periods of up to a year if the regulatory review is anticipated to Implementation of Textile Agreements, FOR FURTHER INFORMATION CONTACT: extend beyond the expiration date of the Room H3100, U.S. Department of Robert A. Dickinson, Office of patent. Commerce, 14th and Constitution Sustainable Fisheries, (301) 713–2276. On March 5, 2003, patent owner Avenue, N.W., Washington, D.C. 20230. SUPPLEMENTARY INFORMATION: In Roche Palo Alto LLC, timely filed an Ten copies of any such request must be accordance with a Memorandum of application under 35 U.S.C. 156(d)(5) provided. Understanding with the Secretary of for an interim extension of the term of FOR FURTHER INFORMATION CONTACT: State, NMFS publishes, for public U.S. Patent No. 4,567,264. The patent William Dulka, Office of Textiles and review and comment, summaries of claims the active ingredient ranolazine Apparel, U.S. Department of Commerce, applications received by the Secretary of (RanexaTM). The application indicates (202) 482-4058. State requesting permits for foreign that a New Drug Application for the SUPPLEMENTARY INFORMATION: fishing vessels to fish in the U.S. EEZ human drug product ranolazine has Authority: Section 204 of the Agricultural under provisions of the Magnuson- been filed and is currently undergoing Act of 1956, as amended (7 U.S.C. 1854); Stevens Act (16 U.S.C. 1801 et seq.). regulatory review before the Food and Executive Order 11651 of March 3, 1972, as This notice concerns the receipt of an Drug Administration for permission to amended. application from the Government of the market or use the product commercially. Russian Federation requesting Review of the application indicates BACKGROUND: authorization to conduct joint venture that, except for permission to market or The Accession Agreement textile and (JV) operations in 2003 in the Northwest use the product commercially, the apparel safeguard allows the United Atlantic Ocean for Atlantic mackerel subject patent would be eligible for an States and other World Trade and Atlantic herring. The factory ship extension of the patent term under 35 Organization Member countries that DAURIYA is identified as the Russian U.S.C. 156. Since it is apparent that the believe imports of Chinese origin textile vessel that would receive Atlantic regulatory review period will continue and apparel products are, due to market mackerel and Atlantic herring from U.S. beyond the original expiration date of disruption, threatening to impede the vessels in JV operations. the patent (May 18, 2003), the term of orderly development of trade in these

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products to request consultations with Clothing as of the date the WTO directly competitive domestic product China with a view to easing or avoiding Agreement entered into force) sent to concerned. such market disruption. Upon receipt of the Chairman, Committee for the B. Import data. The following data, in the request, China has agreed to hold its Implementation of Textile Agreements, quantity by category unit (see ‘‘Textile shipments to a level no greater than 7.5 Room H3100, U.S. Department of Correlation’’), on total imports into the percent (6 percent for wool product Commerce, 14th and Constitution United States and imports from China categories) above the amount entered Avenue, NW., Washington, DC 20230. into the United States: during the first 12 months of the most Ten copies of any such request must be * Annual data for the most recent five recent 14 months preceding the request provided. The Committee will protect full calendar years for which such data for consultations. The United States any business confidential information are available; may implement such a limit. that is marked business confidential * Quarterly data for the most recent Consultations with China will be held from disclosure to the full extent year for which such data are partially within 30 days of receipt of the request permitted by law. To the extent that available, and quarterly data for the for consultations, and every effort will business confidential information is same quarter(s) of the previous year (e.g. be made to reach agreement on a provided, two copies of a non- January-March 2002, April-June 2002 mutually satisfactory solution within 90 confidential version must also be and January-March 2001, April-June days of receipt of the request for provided, in which business 2001). consultations. If agreement on a confidential information is summarized The data should demonstrate that different limit is reached, the Committee or, if necessary, deleted. Within 15 imports of Chinese origin textile and will issue a Federal Register Notice working days of receipt of a request, the apparel products that are like or directly containing a directive to the Bureau of Committee will determine whether the competitive with the product produced Customs and Border Protection that request provides the information by the domestic industry concerned are implements the negotiated limit. necessary for the Committee to consider increasing rapidly in absolute terms. The limit is effective beginning on the the request in light of the considerations C. Production Data. The following date of the request for consultations and set forth below. If the request does not, data, in quantity by category unit (see ending on December 31 of the year in the Committee will promptly notify the ‘‘Textile Correlation’’), on United States which consultations were requested, or requester of the reasons for this domestic production of the like or where three or fewer months remained determination and the request will not directly competitive products of U.S. in the year at the time of the request for be considered. However, the Committee origin indicating the nature and extent consultations, for the period ending 12 will reevaluate any request that is of market disruption: months after the request for resubmitted with additional * Annual data for the most recent five consultations. No limit may remain in information. full calendar years for which such data effect beyond one year, without Consistent with longstanding reapplication, unless otherwise agreed are available; Committee practice in considering between the United States and China. * Quarterly data for the most recent textile safeguard actions, requests may No limit may be applied to the same year for which such data are partially be filed by an entity (which may be a product at the same time under these available, and quarterly data for the trade association, firm, certified or procedures and under the product- same quarter(s) of the previous year (e.g. recognized union, or group of workers) specific China safeguard implemented January-March 2002, April-June 2002 that is representative of either: (A) a by Section 421 of the Trade Act of 1974 and January-March 2001, April-June domestic producer or producers of a (19 U.S.C. 2451). 2001). In order to facilitate the product that is a like or directly If the like or directly competitive implementation of the Accession competitive with the subject Chinese product(s) of U.S. origin does not Agreement textile and apparel textile or apparel product; or (B) a correspond to a category or categories of safeguard, the Committee has domestic producer or producers of a the U.S. Textile and Apparel Category determined that it is appropriate to component used in the production of a system for which production data are publish procedures it will follow in product that is like or directly available from official statistics of the considering requests for Accession competitive with the subject Chinese U.S. Department of Commerce (see Agreement textile and apparel safeguard textile or apparel product. ‘‘U.S. Imports, Production, Markets, actions. However, the Committee has A request will only be considered if Import Production Ratios and Domestic determined that actions taken under this the request includes the specific Market Shares for Textile and Apparel safeguard fall within the foreign affairs information set forth below in support Product Categories’’ at website: http:// exception to the rulemaking provisions of a claim that the Chinese origin textile otexa.ita.doc.gov/ipbook.pdf), the of 5 U.S.C. 553(a)(1), and this notice or apparel product is, due to market requester must provide a complete does not waive that determination. disruption, threatening to impede the listing of all sources from which the These procedures are not subject to the orderly development of trade in like or data were obtained and an affirmation requirement to provide prior notice and directly competitive products. that to the best of the requester’s opportunity for public comment, A. Product description. Name and knowledge, the data represent pursuant to 5 U.S.C. 553(a)(1) and description of the imported product substantially all of the domestic 553(b)(A). concerned, including the category or production of the like or directly categories or part thereof of the U.S. competitive product(s) of U.S. origin. In 1. Requirements for Requests. Textile and Apparel Category System such cases, data should be reported in The Committee will review requests (see ‘‘Textile Correlation’’ at http:// the first unit of quantity in the from the public for Accession otexa.ita.doc.gov/corr.htm) under which Harmonized Tariff Schedule of the Agreement textile and apparel safeguard such product is classified, the United States (http://dataweb.usitc.gov/ actions on imports of Chinese origin Harmonized Tariff Schedule of the SCRIPTS/tariff/toc.html) for the Chinese textile and apparel products (such United States subheading(s) under origin textile and/or apparel products products must have been covered by the which such product is classified, and and the like or directly competitive WTO Agreement on Textiles and the name and description of the like or products of U.S. origin.

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D. Market Share Data. The following actual producers of a like or directly consultations was made. The notice also data, in quantity by category unit (see competitive product, particular will contain a summary statement of the ‘‘Textile Correlation’’), on imports from consideration will be given to comments reasons and justifications for the request China as a percentage of the domestic representing the views of actual for consultations with China. market (defined as the sum of domestic producers in the United States of a like 3. Self Initiation. The Committee may, production of like or directly or directly competitive product. on its own initiative, consider whether competitive products and total imports); With respect to any request on total imports as a percentage of the imports of Chinese origin textile and considered by the Committee, the apparel products are, due to market domestic market; and on domestic Committee will make a determination production of like or directly disruption, threatening to impede the within 60 calendar days of the close of orderly development of trade in these competitive products as a percentage of the comment period as to whether the products. In such considerations, the the domestic market: Committee will request consultations Committee will follow procedures * Annual data for the most recent five with China. If the Committee is unable full calendar years for which such data to make a determination within 60 consistent with those set forth in are available; calendar days, it will cause to be Section 2 of this notice, including * Quarterly data for the most recent published in a notice in the Federal causing to be published in the Federal year for which such data is partially Register, including the date by which it Register a notice seeking public available, and quarterly data for the will make a determination. If the comment regarding the action it is same quarter(s) of the previous year (e.g. Committee makes a negative considering. January-March 2002, April-June 2002 determination, it will cause this and January-March 2001, April-June 4. Reapplication. Under the determination and the reasons therefore 2001). Accession Agreement, no action may E. Additional Information. A to be published in the Federal Register. remain in effect beyond one year, description of how the Chinese origin If the Committee makes an affirmative without reapplication, unless otherwise textile and apparel product(s) have determination that imports of Chinese agreed between the United States and adversely affected the domestic industry origin textiles and apparel products are, China. Reapplication will only take producing like or directly competitive due to market disruption, threatening to place if the Committee makes a new articles, such as the effect of imports impede the orderly development of affirmative determination that imports from China on prices in the United trade in these products, the Committee of Chinese origin textiles and apparel States or any other data deemed to be will request consultations with China products are, due to market disruption, with a view to easing or avoiding such pertinent. threatening to impede the orderly market disruption. Consultations with development of trade in these products. 2. Consideration of Requests. China will be held within 30 days of In considering requests or in If the Committee determines that the receipt of the request for consultations, considerations begun on its own request provides the information and every effort will be made to reach necessary for it to be considered, the agreement on a mutually satisfactory initiative for reapplication, the Committee will cause to be published in solution within 90 days of receipt of the Committee will follow procedures the Federal Register a notice seeking request for consultations. Immediately consistent with those set forth in this public comments regarding the request, after the Chinese Government receives notice. which will include the request and the the requests for consultations, the 5. Business Confidential Information. date by which comments must be Committee will cause to be published a Public Reading Room. The Committee received. The Federal Register notice notice in the Federal Register that such will protect any business confidential and the request, with the exception of consultations have been requested. The information that is marked business information marked ‘‘business notice will identify quantitative limits confidential from disclosure to the full confidential’’, will be posted by the on imports into the United States of extent permitted by law. To the extent Department of Commerce’s Office of Chinese origin textile and apparel that business confidential information is Textiles and Apparel on the Internet products subject to the request for provided, two copies of a non- (otexa.ita.doc.gov). The comment period consultations. The notice will further confidential version must also be shall be 30 calendar days. To the extent provide that, absent a mutually provided, in which business business confidential information is satisfactory solution, the limits will confidential information is summarized provided, a non-confidential version terminate on December 31 of the year in or, if necessary, deleted. The Committee must also be provided, in which which the request for consultations was business confidential information is made, unless three or fewer months will make available to the public non- summarized or, if necessary, deleted. remain in that year at the time of the confidential versions of the request that Comments received, with the exception request. If three or fewer months remain is being considered, non-confidential of information marked ‘‘business in the year at the time of the request, the versions of any public comments confidential’’, will be available in the notice will provide that, absent a received with respect to a request, and, Department of Commerce’s Trade mutually satisfactory solution, the limits in the event consultations are requested, Reference Room for review by the will terminate one year from the date on the statement of the reasons and public. If a comment alleges that there which consultations were requested. justifications for the request subsequent is no market disruption or that the The quantitative limits identified in the to the delivery of the statement to subject imports are not the cause of notice shall be 7.5 percent (6 percent for China. market disruption, the Committee will wool products) above the amount of D. Michael Hutchinson, closely review any supporting Chinese origin textile and apparel information and documentation, such as products subject to the request for Acting Chairman, Committee for the information about domestic production consultations entered into the United Implementation of Textile Agreements. or prices of like or directly competitive States during the first 12 months of the [FR Doc.03–12893 Filed 5–20–03; 8:45 am] products. In the case of requests most recent 14 months preceding the BILLING CODE 3510–DR–S submitted by entities that are not the month in which the request for

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DEPARTMENT OF DEFENSE Closure Community Redevelopment and Dated: May 15, 2003. Homeless Assistance Act of 1994, the P.C. LeBlanc, Department of the Navy following information is regarding the Lieutenant Commander, Judge Advocate withdrawal of previously reported General’s Corps, U.S. Navy, Alternate Federal Withdrawal of Surplus Land at a surplus property at NAS Key West, FL, Register Liaison Officer. Military Installation Designated for which was published in 61 FR 19614, [FR Doc. 03–12705 Filed 5–20–03; 8:45 am] Realignment: Naval Air Station (NAS), May 2, 1996. BILLING CODE 3810–FF–P Key West, FL Withdrawn Property Description: The AGENCY: Department of the Navy, DOD. following is a description of land and ACTION: Notice. facilities at NAS Key West, FL, that are DEPARTMENT OF EDUCATION withdrawn from surplus by the Federal SUMMARY: This notice provides government. Notice of Proposed Information information on withdrawal of surplus Land: Approximately 16.1 acres of Collection Requests property at NAS Key West, FL. improved and unimproved fee simple AGENCY: Department of Education. FOR FURTHER INFORMATION CONTACT: land at NAS Key West, FL, known as Richard A. Engel, Head, BRAC Real Truman Annex. This also includes the SUMMARY: The Acting Leader, Estate Section, Naval Facilities berthing wharf known as the Mole Pier. Regulatory Management Group, Office Engineering Command, 1322 Patterson Buildings: The following is a of the Chief Information Officer, invites Ave. SE., Suite 1000, Washington Navy summary of the facilities located on the comments on the proposed information Yard, DC 20374–5065, telephone (202) above-described land. General collection requests as required by the 685–9203, or E. R. Nelson, Director, Real Warehouses: three structures of Paperwork Reduction Act of 1995. Estate Department, Southern Division, approximately 34,120 square feet. DATES: Interested persons are invited to Naval Facilities Engineering Command, Dated: May 15, 2003. submit comments on or before July 21, P.O. Box 190010, 2155 Eagle Drive, 2003. P.C. LeBlanc, North Charleston, SC 29419–9010, SUPPLEMENTARY INFORMATION: Section telephone (843) 820–7494. Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Alternate Federal 3506 of the Paperwork Reduction Act of SUPPLEMENTARY INFORMATION: In 1995, Register Liaison Officer. 1995 (44 U.S.C. Chapter 35) requires NAS Key West, FL, was designated for [FR Doc. 03–12704 Filed 5–20–03; 8:45 am] that the Office of Management and realignment pursuant to the Defense BILLING CODE 3810–FF–P Budget (OMB) provide interested Base Closure and Realignment Act of Federal agencies and the public an early 1990 (DBCRA), Public Law 101–510, as opportunity to comment on information amended. Pursuant to this designation, DEPARTMENT OF DEFENSE collection requests. OMB may amend or in April of 1996, approximately 168.14 waive the requirement for public acres of land and related facilities at this Department of the Navy consultation to the extent that public installation were declared surplus to the participation in the approval process Federal Government and available for Notice of Availability of Government- would defeat the purpose of the use by (a) non-Federal public agencies Owned Invention; Available for information collection, violate State or pursuant to various statutes which Licensing Federal law, or substantially interfere authorize conveyance of property for AGENCY: Department of the Navy, DOD. with any agency’s ability to perform its public projects, and (b) homeless statutory obligations. The Acting ACTION: provider groups pursuant to the Stewart Notice. Leader, Regulatory Management Group, B. McKinney Homeless Assistance Act SUMMARY: The invention listed below is Office of the Chief Information Officer, (42 U.S.C. 11411), as amended. assigned to the United States publishes that notice containing Approximately 35 acres of land Government as represented by the proposed information collection improved with 10 buildings have been Secretary of the Navy and is available requests prior to submission of these requested for transfer by other Federal for licensing by the Department of the requests to OMB. Each proposed agencies and was not included within Navy. Navy Case No. 84,717, entitled information collection, grouped by the 168.14 acres. On July 3, 1997, a ‘‘Multiparameter System for office, contains the following: (1) Type second determination was made to Environmental Monitoring’’. of review requested, e.g. new, revision, withdraw approximately 16 acres of extension, existing or reinstatement; (2) ADDRESS: Requests for information improved and unimproved fee simple Title; (3) Summary of the collection; (4) about the invention cited should be land at NAS Key West, FL, known as the Description of the need for, and directed to the Naval Research Trumbo Point Annex Tank Farm. A proposed use of, the information; (5) Laboratory, Code 1004, 4555 Overlook third determination was made on Respondents and frequency of Avenue, SW., Washington, DC 20375– December 20, 1999, to withdraw 3.54 collection; and (6) Reporting and/or 5320, and must include the Navy Case acres of improved and unimproved fee Recordkeeping burden. OMB invites number. simple land at NAS Key West, FL, public comment. known as the Seminole Battery. A FOR FURTHER INFORMATION CONTACT: The Department of Education is fourth determination was made on May Catherine M. Cotell, Ph.D., Head, especially interested in public comment 2, 2003, to withdraw land and facilities Technology Transfer Office, NRL Code addressing the following issues: (1) Is previously reported as surplus that are 1004, 4555 Overlook Avenue, SW., this collection necessary to the proper now required by the Federal Washington, DC 20375–5320, telephone functions of the Department; (2) will Government. This withdrawal is (202) 767–7230. Due to temporary U.S. this information be processed and used required to satisfy new military Postal Service delays, please fax (202) in a timely manner; (3) is the estimate requirements and security concerns. 404–7920, E-Mail: [email protected] of burden accurate; (4) how might the Notice of Surplus Property: Pursuant or use courier delivery to expedite Department enhance the quality, utility, to paragraph (7)(B) of Section 2905(b) of response. and clarity of the information to be the DBCRA, as amended by the Base Authority: 35 U.S.C. 207, 37 CFR Part 404. collected; and (5) how might the

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Department minimize the burden of this DEPARTMENT OF ENERGY Washington, DC 20585–1290; email is collection on the respondents, including acceptable and encouraged for through the use of information Office of Science; Office of Biological submitting nominations using the technology. and Environmental Research; following addresses: Recommendations for Sequencing Dated: May 15, 2003. [email protected] and Targets in Support of the Science [email protected]. Joseph Schubart, Missions of the Office of Biological FOR FURTHER INFORMATION CONTACT: Dr. Acting Leader, Regulatory Management and Environmental Research (BER) Group, Office of the Chief Information Officer. Daniel W. Drell, SC–72, Office of AGENCY: Department of Energy (DOE). Biological and Environmental Research, Office of Postsecondary Education ACTION: Notice of recommendations for Office of Science, U.S. Department of Type of Review: Extension. sequencing targets. Energy, 1000 Independence Ave. SW., Washington, DC 20585–1290, phone: Title: Ronald E. McNair SUMMARY: This Federal Register notice (301) 903–4742, email: Postbaccalaureate Achievement Program seeks the input and nominations of [email protected]. The full Annual Performance Report Form. interested parties for candidate text of this notice is available via the Frequency: Annually. microbes, microbial consortia, and Internet using the following Web site Affected Public: Not-for-profit 100Mb-or-less-sized organisms for draft address: http://www.sc.doe.gov/ober/ institutions; State, Local, or Tribal genomic sequencing in support of Office microbial.html. of Biological and Environmental Gov’t, SEAs or LEAs. SUPPLEMENTARY INFORMATION: The DOE Research (BER) programs, among them, Office of Biological and Environmental Reporting and Recordkeeping Hour the Climate Change Research Program, Burden: Research supports fundamental research the Natural and Accelerated in a variety of missions (http:// Responses: 156. Bioremediation Research (NABIR) www.sc.doe.gov/ober/ober_top.html). Burden Hours: 702. Program, the Environmental Relevant BER programs may include the Management Science Program (EMSP), Abstract: McNair Program grantees Climate Change Research Program, the the Microbial Genome Program (MGP), Natural and Accelerated Bioremediation must submit the report annually. The and the GTL Program. Nominated report provides the Department of Research (NABIR) Program, the candidates should be relevant to DOE Environmental Management Science Education with information needed to mission needs, e.g., organisms involved evaluate a grantee’s performance and Program (EMSP), the Microbial Genome in environmental processes, including Program (MGP) and the GTL program. compliance with program requirements waste remediation, carbon management, and to award prior experience points in The Climate Change Research Program and energy production. This supports investigations of microbially- accordance with the program announcement is not an offer of direct mediated fixation of atmospheric CO . regulations. The data collected is also financial support for research on these 2 The NABIR program supports research aggregated to provide national organisms. Those nominations selected on microbial biotransformations and/or information on project participants and will result in the DNA sequence of immobilization of metal and program outcomes. selected organisms being determined at radionuclide wastes. The EMSP Requests for copies of the proposed a draft level (6–8 × coverage) at the DOE supports research into microbially- information collection request may be Production Genomics Facility (PGF) at mediated biotransformations of DOE- accessed from http://edicsweb.ed.gov, the Joint Genome Institute (JGI), relevant organic wastes such as by selecting the ‘‘Browse Pending (http://www.jgi.doe.gov). This chlorinated solvents. The MGP supports Collections’’ link and by clicking on announcement is designed to assist DOE key DOE missions by providing and link number 2279. When you access the in determining and prioritizing a list of analyzing microbial DNA sequence information collection, click on microbes, microbial consortia, or information to further the ‘‘Download Attachments’’ to view. modest-genome sized (not more than understanding and application of Written requests for information should 100Mb) organisms (including microbiology relating to energy be addressed to Vivian Reese, eukaryotes) that address DOE mission production, chemical and materials Department of Education, 400 Maryland needs. Following merit review, and production, environmental carbon Avenue, SW., Room 4050, Regional subject to the availability of funding and management, and environmental Office Building 3, Washington, DC programmatic relevance, draft cleanup. The GTL Program builds on 20202–4651 or to the e-mail address sequencing will be carried out at the the successes of the DOE Human [email protected]. Requests may also PGF. Genome Program (HGP) by seeking to be electronically mailed to the internet DATES: To assure consideration, understand biological function in DOE address [email protected] or faxed to nominations in response to this notice mission relevant microbes with 202–708–9346. Please specify the should be received by 4:30 p.m. (EST), emphases on identifying the multi- complete title of the information June 26, 2003, to be accepted for merit component protein complexes in cells, collection when making your request. review. It is anticipated that review will characterizing gene regulatory networks, Comments regarding burden and/or be completed early in the fall of 2003 probing the functional capabilities of the collection activity requirements with draft sequencing at the DOE PGF the environmental microbial repertoire should be directed to Joseph Schubart at to commence towards the end of 2003 of genes, and beginning to model these (202) 708–9266 or via his e-mail address or early in 2004, conditional upon the processes computationally. [email protected]. Individuals who provision of high quality DNA. Over the last nine years, sequencing use a telecommunications device for the ADDRESSES: Nominations responding to of a range of microorganisms that live in deaf (TDD) may call the Federal this notice should be sent to Dr. Daniel a wide diversity of environments has Information Relay Service (FIRS) at 1– W. Drell, Office of Biological and provided a considerable information 800–877–8339. Environmental Research, SC–72, Office base for scientific research related not [FR Doc. 03–12696 Filed 5–20–03; 8:45 am] of Science, U.S. Department of Energy, only to DOE missions, but also to other BILLING CODE 4000–01–P 1000 Independence Ave., SW., federal agency missions and U.S.

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industry. (http://www.tigr.org/tdb/mdb/ www.ornl.gov/microbialgenomes/ consortia are complex, approaches mdbcomplete.html, http:// seq2003.html. should be described to normalize the www.ornl.gov/microbialgenomes/ Aims: This request for nominations of DNA libraries in order to reduce the organisms.html and http:// candidate sequencing targets has two amount of sequencing required and www.jgi.doe.gov/JGI_microbial/html/). broad foci: assure adequate sampling of the Nonetheless, most of our current (1) Single culturable organisms. These complexity of the consortia. knowledge of microbiology still is may be bacteria, archaea, fungi, Additionally, the proposer(s) should be derived from individual species that microalgae or multicellular organisms prepared to work together with JGI either cause disease or grow easily and with genomes not larger than 100Mb. scientists to optimize the yield from the readily as monocultures under The criteria that will be used to evaluate sequencing effort required; laboratory conditions and are thus easy proposed candidates for draft (b) Past attempts to cultivate to study. The preponderance of species sequencing will include: consortium members are described, e.g., in the environment remains largely (a) The candidate has significant have any members of this consortium unknown to science. Many are thought relevance to the DOE missions noted been successfully cultured; to grow as part of interdependent above; (c) Some spatial/temporal/ consortia in which one species supplies (b) The genome size and structure are hydrochemical/geochemical or other a nutrient necessary for the growth of known; characterization of the environment is another. Virtually nothing is known of (c) The source of genomic DNA (i.e., given, e.g., the physicochemical the organization, membership, or strain or isolate, and researcher) is parameters of the site from which the functioning of these consortia, identified, and a clonal sample (or selected community is derived; a especially those involved in samples with low and characterized description of the site contaminants; the environmental processes of DOE polymorphism) are available; accessibility of the site for future interest. Fungi and small multicellular (d) A brief description of post sampling; the adequacy of site eukaryotes play important roles in the sequencing follow-up work (e.g., a data documentation; environment as well. use plan and how will data be annotated (d) If proposed, technical approaches Genomic analyses of sequenced to enable rapid and open use) is and technology development specific microbes have suggested that processes included; for defining and isolating members of a such as lateral gene transfers at various (e) The availability of a DNA/gene given consortium are described; times in the evolutionary history of transfer system supporting genetic (e) Some indication of the biological some microbial lineages may have analyses is known; function of the relationships, within blurred the understanding of their (f) Biological novelty or uniqueness consortium members, where available phylogenetic relationships. For this (i.e., unusual genetically determined along with a discussion of the scientific notice, groups of microbes that may characteristics pertinent to DOE and programmatic importance of have exchanged (or may be exchanging) missions) is described; understanding these relationships is genetic information via lateral gene (g) Place in the currently understood, given; exchange or plasmid mediated 16s RNA based, ‘‘Tree of Life’’ is (f) Information where available is exchanges can be proposed if the identified, e.g., is the proposed given about the phylogenetic position(s) processes of genetic exchange result in candidate in a sparsely populated or of the members of the consortium and functions relevant to DOE missions more heavily populated section of the what is known about closely related noted above. tree? organisms. Genomic analyses are badly needed of (h) A brief description of the user (g) Available informatics tools and microbial consortia and species community is given; annotation plan (e.g., for annotating refractory to laboratory culture that play (i) The potential impact on the genes from a consortium analysis or important roles in environments scientific community is large; grouping identified genes into a putative challenged with metals, radionuclides, (j) Explicit commitment to a data- ‘‘consortium phenotype’’ within the chlorinated solvents, or are involved in release schedule, consistent with the chosen environment) are described; carbon sequestration. The candidate(s) guidelines given below is provided. (h) Explicit commitment to a data- must mediate or catalyze metabolic (2) Currently unculturable or hard-to- release schedule, consistent with the events of energy or environmental culture organisms and environmental guidelines given below is provided. importance. Priority will be given to consortia. The review criteria that will Scientific community standards studies on those microbes or microbial be used to evaluate proposed candidates regarding access to sequencing data are consortia that can bioremediate metals for draft sequencing will include most evolving. BER conforms to the general and radionuclides, degrade significant of the criteria listed above for single guidance contained within the Draft biopolymers such as celluloses and culturable organisms (with less Rapid Data Release Policy (http:// lignins, produce potentially useful emphasis on genome size/structure, www.genome.gov/ energy-related materials (H2, CH4, presence/absence of a genetic system, or page.cfm?pageID=10506537) for ethanol, etc.), or fix or sequester CO2. position in the ‘‘Tree of Life’’ since it is ‘‘community resource projects.’’ The For this notice, candidate organisms recognized that few data on these usual and customary practice for the JGI (either individual organisms, consortia attributes will be available), but in is to put all sequencing data up on its of organisms, or eukaryotes with small addition, the following considerations web site (http://www.jgi.doe.gov/) at genomes) comprised of archaea, will be included: frequent and periodic intervals. bacteria, fungi, algae, and other (a) Some measure of the ‘‘complexity’’ However, for the purposes of this notice, eukaryotes with genome sizes not of the target consortium being proposed, BER does not regard individual genome greater than 100Mbp can be proposed e.g., approximate number of species, sequencing efforts involving less than for draft sequencing. For a current list size(s) of genomes, and proportions of 50Mb, or microbial community of microbes that have been and are different members (it is understood that sequencing efforts, as requested herein, being sequenced see http:// in most cases, only estimates of these as ‘‘community resource projects’’ www.ornl.gov/microbialgenomes/ parameters may be available) is within the definition of the Draft Rapid organisms.html and http:// discussed. When the environmental Data Release policy. BER’s position,

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which is provisional and subject to separate solicitations. Finally, there is ENVIRONMENTAL PROTECTION evolution, is that no more than 6 no commitment to finish a given drafted AGENCY months from the completion of 6 × sequence, although this option may be [OW–2003–0026, FRL–7501–4] coverage of the sequence for a single- considered at a later time. genome project, the data will be Submission Information: Interested Agency Information Collection released on the JGI web site or to a parties should submit a brief white Activities: Proposed Collection; publicly accessible database with no use paper to either of the foci given above, Comment Request; National Water restrictions. For microbial community Quality Inventory Reports (Clean Water projects, the JGI will conduct normal consisting of not more than 5 pages of narrative exclusive of attachments Act Sections 305(b), 303(d), 314(a), and QA/QC assessments on the sequence 106(e)) output (at approximately 2 × coverage), (which are discouraged) responding to then discuss with the proposer(s) and each of the specific criteria set forth. AGENCY: Environmental Protection with BER staff the extent to which Electronic submission (to Agency sequencing will be continued to achieve [email protected] and ACTION: Notice. a satisfactory genomic ‘‘view’’ of the [email protected]) is strongly SUMMARY: In compliance with the selected microbial community. From the encouraged. It is expected that the Paperwork Reduction Act (44 U.S.C. time of initiation of this discussion, not Principal Investigator will serve as the 3501 et seq.), this document announces more than 6 months will be permitted main point of contact for additional that EPA is planning to submit the to elapse before unconditional release of information on the nominated microbe. following continuing Information these data. BER is fully aware that some Nominations must contain a very short Collection Request (ICR) to the Office of ambiguity remains in the precise abstract or project summary and a cover Management and Budget (OMB): initiation of this ‘‘embargo’’ period but page with the name of the applicant, National Water Quality Inventory stresses its intention and commitment to mailing address, phone, fax, and email. Reports (Clean Water Act Sections the rapid release, without any use The nomination should include 2-page 305(b), 303(d), 314(a), and 106(e)); EPA restrictions, of this data into publicly curriculum vitae of the key ICR Number 1560.07, OMB Control accessible databases. investigators; letters of intent from Number 2040–0071, expiring on July 31, Upon selection of a nominated collaborators (suggesting the size of the 2003. Before submitting the ICR to OMB microbial sequencing target, BER interested community) are permitted. for review and approval, EPA is expects that Principal Investigators will Nominations will be reviewed relative soliciting comments on specific aspects collaborate with the JGI by providing to the scope and research needs of the of the proposed information collection high quality, high MW genomic DNA for BER relevant programs cited above. A as described below. library construction as well as assisting brief response to each nomination will DATES: Comments must be submitted on in annotating the draft sequence data or before July 21, 2003. until a sufficiently complete annotation be provided electronically following ADDRESSES: is achieved (understanding that this will merit and programmatic reviews. Follow the detailed SUPPLEMENTARY be sensitive to hypothetical gene Other useful Web sites include: instructions in INFORMATION. predictions and the usual uncertainties DOE JGI Microbial Sequencing FOR FURTHER INFORMATION CONTACT: of annotation). Following data Priorities for FY2003—http:// John Wilson, Assessment and Watershed acquisition and annotation, DOE www.ornl.gov/microbialgenomes/ Protection Division, Office of Water, expects that those whose nominations seq2003.html have been sequenced will make good Mail Code: 4503T, Environmental faith efforts to publish in the open Microbial Genome Program Home Protection Agency, 1200 Pennsylvania scientific literature the results of their Page—http://www.sc.doe.gov/ober/ Ave., NW., Washington, DC 20460; subsequent work, including both the microbial.html telephone number: 202–566–2385; fax genome sequences of the organisms DOE Joint Genome Institute Microbial number: 202–566–1331; e-mail address: sequenced under this notice as well as Web Page—http://www.jgi.doe.gov/ [email protected]. the annotation. (BER also expects the JGI_microbial/html/ SUPPLEMENTARY INFORMATION: EPA has Principal Investigator of a selected effort established a public docket for this ICR GenBank Home Page—http:// to either deposit a culture of the under Docket ID number OW–2003– microbe or consortium into a publicly www.ncbi.nlm.nih.gov/ 0026, which is available for public accessible collection or repository, or Human Genome Home Page—http:// viewing at the Water Docket in the EPA make it available directly so others can www.ornl.gov/hgmis Docket Center (EPA/DC), EPA West, have access). These parties are DOE Genomes to Life—http:// Room B102, 1301 Constitution Ave., encouraged to create process- and cost- DOEGenomestoLife.org NW., Washington, DC. The EPA Docket effective partnerships that will Center Public Reading Room is open maximize data production and analysis, DOE Natural and Accelerated from 8:30 a.m. to 4:30 p.m., Monday data dissemination, and progress Bioremediation Research (NABIR) through Friday, excluding legal towards understanding basic biological Program—http://www.lbl.gov/nabir holidays. The telephone number for the mechanisms that can further the aims of Biotechnology Investigations—Ocean Reading Room is (202) 566–1744, and this effort. Additionally, it must be Margins Program—http:// the telephone number for the Water explicitly understood that DOE will www.sc.doe.gov/ober/GC/omp.html Docket is (202) 566–2426. An electronic provide an assembled and version of the public docket is available Issued in Washington, DC, May 14, 2003. computationally annotated draft through EPA Dockets (EDOCKET) at (roughly 6 ×; carried out in a paired-end John Rodney Clark, http://www.epa.gov/edocket. Use sequencing approach) sequence of the Associate Director of Science for Resource EDOCKET to obtain a copy of the draft microbe(s) selected, but that research Management. collection of information, submit or using that sequence data should be [FR Doc. 03–12715 Filed 5–20–03; 8:45 am] view public comments, access the index funded from separate sources and/or BILLING CODE 6450–01–P listing of the contents of the public

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docket, and to access those documents section 305(b) reports contain requirements, there is not a process in the public docket that are available information on the extent of water currently in place to designate them for electronically. Once in the system, quality degradation, the pollutants and this purpose. Further, very few Tribes select ‘‘search,’’ then key in the docket sources affecting water quality, and have established water quality ID number identified above. State progress in controlling water standards, and EPA is currently in the Any comments related to this ICR pollution. process of preparing standards where should be submitted to EPA and OMB EPA’s Assessment and Watershed they are needed. Therefore, we assume within 60 days of this notice, and Protection Division (AWPD) works with that there would be no burden to Indian according to the following detailed its Regional counterparts to review and Tribes over the period covered by this instructions: Submit your comments to approve or disapprove State section ICR for 303(d) activities. EPA online using EDOCKET (our 303(d) lists and TMDLs from 56 The burden of specific activities that preferred method), by e-mail to ow- respondents (the 50 States, the District States undertake as part of their 305(b) [email protected], or by mail to: EPA of Columbia, and the five Territories). and 303(d) programs are derived from Docket Center, Environmental Section 303(d) specifically requires an ongoing project among EPA, States Protection Agency, Water Docket, Mail States to develop lists and TMDLs ‘‘from and other interested stakeholders to Code 4101T, 1200 Pennsylvania Ave., time to time’’ and EPA to review and develop a tool for estimating the States’ NW., Washington, DC 20460. approve or disapprove the lists and the resource needs for State water quality EPA’s policy is that public comments, TMDLs. EPA also collects State 305(b) management programs. This project has whether submitted electronically or in reports from 59 respondents (the 50 developed the State Water Quality paper, will be made available for public States, the District of Columbia, five Management Workload Model viewing in EDOCKET as EPA receives Territories, and 3 River Basin (SWQMWM), which estimates and sums them and without change, unless the commissions). the workload involved in more than one comment contains copyrighted material, This announcement includes the hundred activities or tasks comprising a CBI, or other information whose public reapproval of current, ongoing activities State water quality management disclosure is restricted by statute. When related to 305(b) and 303(d) reporting program. Over twenty States have EPA identifies a comment containing and TMDL development for the period contributed information about their copyrighted material, EPA will provide of August 1, 2003 through July 31, activities that became the basis for the a reference to that material in the 2006.During the period covered by this model. According to the SWQMWM, the version of the comment that is placed in ICR renewal, respondents will: complete States will carry out the following EDOCKET. The entire printed comment, their 2004 305(b) reports and 2004 activities or tasks to meet the 305(b) and including the copyrighted material, will 303(d) lists; complete their 2006 305(b) 303(d) reporting requirements: be available in the public docket. reports and 2006 303(d) lists; transmit Although identified as an item in the annual electronic updates of their 305(b) watershed characterization; modeling official docket, information claimed as databases in 2003 through 2006; and and analysis; development of a TMDL CBI, or whose disclosure is otherwise continue to develop TMDLs according document for public review; public restricted by statute, is not included in to their established schedules. EPA will outreach; formal public participation; the official public docket, and will not prepare two biennial Reports to tracking; planning; legal support; etc. In be available for public viewing in Congress: one in 2003 and one in 2005, general, respondents have conducted EDOCKET. For further information and EPA will review TMDL submissions each of these reporting and record about the electronic docket, see EPA’s from respondents. keeping activities for past 305(b) and Federal Register notice describing the The respondent community for 305(b) 303(d) reporting cycles and thus have electronic docket at 67 FR 38102 (May reporting consists of 50 States, the staff and procedures in place to 31, 2002), or go to http://www.epa.gov./ District of Columbia, 5 Territories continue their 305(b) and 303(d) edocket. (Puerto Rico, the Virgin Islands, Guam, reporting programs. The burden Affected entities: Entities potentially American Samoa, and the Northern associated with these tasks is estimated affected by this action are States, Mariana Islands), and 3 River Basin in this ICR to include the total number Territories and Tribes with Clean Water Commissions. The Ohio River Valley of TMDLs that may be submitted during Act (CWA) responsibilities. Sanitation Commission, the Delaware the period covered by this ICR. Title: National Water Quality River Basin Commission, and the The biennial frequency of the Inventory Reports (Clean Water Act Interstate Sanitation Commission have collection is mandated by section Sections 305(b), 303(d), 314(a), and jurisdiction over basins that lie in 305(b)(1) of the CWA. Section 305(b) 106(e)). (OMB Control Number 2040– multiple States. Indian Tribes are originally required respondents to 0071; EPA ICR Number 1560.07 exempt from the 305(b) reporting submit water quality reports on an expiring 07/31/2003. requirement, but some Tribes choose to annual basis. In 1977, the annual Abstract: Section 303(d) of the Clean participate as a way of presenting requirement was amended to a biennial Water Act requires States to identify and assessments and water quality issues to requirement in the CWA. EPA has rank waters which cannot meet water the public and Congress. One Tribe or determined that abbreviated reporting quality standards (WQS) following the Tribal Group prepared 305(b) reports in for hard-copy 305(b) reports, combined implementation of technology-based 1996 and 1997. However, since Tribal with annual electronic reporting using controls. Under section 303(d), States 305(b) reporting is a voluntary effort, it respondent databases, will meet the are also required to establish total is not included in the burden estimates CWA reporting requirements while maximum daily loads (TMDLs) for for this ICR. reducing burden to respondents. The listed waters not meeting standards as a The respondent community for 303(d) biennial period with annual electronic result of pollutant discharges. In activities consists of 50 States, the reporting ensures that information developing the section 303(d) lists, District of Columbia, and 5 Territories needed for analysis and water program States are required to consider various (Puerto Rico, the Virgin Islands, Guam, decisions is reasonably current, yet sources of water quality related data and American Samoa, and the Northern abbreviated reporting requirements information, including the section Mariana Islands). Although Indian provides respondents with sufficient 305(b) State water quality reports. The Tribes are not exempt from 303(d) time to prepare the reports.

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An agency may not conduct or (iv) Minimize the burden of the able to respond to a collection of sponsor, and a person is not required to collection of information on those who information; search data sources; respond to, a collection of information are to respond, including through the complete and review the collection of unless it displays a currently valid OMB use of appropriate automated electronic, information; and transmit or otherwise control number. The OMB control mechanical, or other technological disclose the information. numbers for EPA’s regulations are listed collection techniques or other forms of For current 305(b) and 303(d) in 40 CFR part 9 and 48 CFR chapter 15. information technology, e.g., permitting reporting activities, the primary source The EPA would like to solicit electronic submission of responses. we use in estimating burden for tasks to comments to: Burden Statement: Burden means the be performed by States is the State (i) Evaluate whether the proposed total time, effort, or financial resources Water Quality Management Workload collection of information is necessary expended by persons to generate, Model (SWQMWM), which estimates for the proper performance of the maintain, retain, or disclose or provide and sums the workload involved in functions of the agency, including information to or for a Federal agency. more than one hundred activities or whether the information will have This includes the time needed to review tasks comprising a State water quality practical utility; instructions; develop, acquire, install, management program. (ii) Evaluate the accuracy of the and utilize technology and systems for The average annual burden per agency’s estimate of the burden of the the purposes of collecting, validating, respondent for current 305(b) (59 proposed collection of information, and verifying information, processing respondents) and 303(d)(56 including the validity of the and maintaining information, and respondents) reporting activities is methodology and assumptions used; disclosing and providing information; 6,491 hours and the total annual burden (iii) Enhance the quality, utility, and adjust the existing ways to comply with to all respondents is 372,403 hours. The clarity of the information to be any previously applicable instructions table below displays a summary of the collected; and and requirements; train personnel to be burden estimates.

AVERAGE OF ANNUAL BURDEN FOR 305(B) AND 303(D) REPORTING ACTIVITIES

Number of Total annual Activity respondents burden

1. Review regs and guidance for 305(b) & 303(d) ...... 59 7,434 2. Plan and coordinate data acquisition and compile and screen data for assessments ...... 59 65,490 3. Development and submission of complete 305(b) report and response to EPA comments ...... 59 83,013 4. Develop, review and update 303(d) listing and de-listing methodology ...... 56 46,536 5. Prepare 303(d) list (includes identifying waters, setting priorities, and schedules) ...... 56 123,648 6. Required public outreach for 303(d) list ...... 56 14,840 7. Submission of 303(d) list to EPA and response to EPA comments ...... 56 12,208 8. Prepare annual electronic updates ...... 59 19,234 9. Implement enhanced benefit cost of WQS ...... 59 40,710

Total ...... 413,113

The additional burden for States to loaded hourly labor rate represents the technical support to respondents, and assess the costs and benefits of total cost for obtaining an hour’s worth reviewing and approving/disapproving achieving water quality standards of work, and includes: direct salary 303(d) lists and TMDL submissions. The depends on the level of detail and paid, paid or accrued vacation, paid or hourly cost estimates were calculated sophistication that the States choose to accrued sick leave, cost of other fringe for a technical federal position, Grade provide as well as factors such as the benefits (e.g., health, pension, etc.), 10 Step 7 effective as of January 2003 number of impaired waters in the State, general training, indirect expenses such ($22.49 per hour). The total costs are the State’s diversity of water resources, as professional support (e.g., clerical, based upon an overhead rate of 110 and the intensity of use of those accounting, supervisory, etc.), office percent. The average annual Agency resources. The estimate of the burden space, utilities, telephone service, burden for 305(b) and 303(d) reporting associated with the enhanced benefit equipment (e.g., fax machines, basic activities is estimated at 9,089 hours at cost analysis, resulting in an average computing needs such as hardware and a cost of $456,774. The cost of the increase in State burden of 690 hours software, etc.), etc. The average annual Agency’s additional burden to develop annually. cost to each respondent for current new guidance required by States to We use a separate analysis to estimate 305(b) and 303(d) reporting (including improve their estimates of the benefits the burden associated with current the enhanced benefit cost activities) is and costs of achieving WQS is estimated TMDL development. Based on estimates estimated to be $298,227. The total at approximately $300,000 which would of the number of TMDLs per year annual costs imposed on all 59 be incurred during 2004 and 2005. Over (4,000), the total average current burden respondents is estimated to be the 3-year period of this ICR, the annual associated with developing TMDLs $17,156,583. Average annual cost would be $100,000 which translates under the current 303(d) program is respondent costs for current TMDL into a burden of 2,117 hours annually. estimated to be 59,409 hours per development is estimated at $2,467,256 The annual average Agency burden and respondent, and the total annual burden per respondent and $138,166,323 for all costs for TMDL review is 11,200 hours for all 56 respondents is estimated to be 56 respondents. and $528,976. 3,326,904 hours. Agency burden estimates are based on To estimate respondent costs, we EPA’s prior experience in developing Respondent Total applied an average fully loaded cost per 305(b) and 303(d) guidance, preparing Annual Burden: 3,740,017 hours per hour to the burden estimates. This fully the Report to Congress, providing year.

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Annual Costs: $155,322,906 per year. in the EPA Docket Center (EPA/DC), 31, 2002), or go to www.epa.gov./ EPA West, Room B102, 1301 edocket. Agency Total Constitution Ave., NW., Washington, Affected entities: Entities potentially Annual Burden: 22,406 hours per DC. The EPA Docket Center Public affected by this action are elementary year. Reading Room is open from 8:30 a.m. to and middle school students, parents, Annual Costs: $1,085,750 per year. 4:30 p.m., Monday through Friday, and teachers (SIC Div. I: Group 8211). Dated: May 15, 2003. excluding legal holidays. The telephone Title: SunWise School Program; (OMB Diane C. Regas, number for the Reading Room is (202) Control Number 2060–0439; EPA ICR Director, Office of Wetlands, Oceans and 566–1744, and the telephone number for No. 1904.01, expiring on 11/30/03). Watersheds. Air and Radiation Docket is (202) 566– Abstract: The goal of the SunWise [FR Doc. 03–12759 Filed 5–20–03; 8:45 am] 1744. An electronic version of the School Program is to teach children and public docket is available through EPA their care givers how to protect BILLING CODE 6560–50–P Dockets (EDOCKET) at themselves from overexposure to the http://www.epa.gov/edocket. Use sun. The SunWise School Program ENVIRONMENTAL PROTECTION EDOCKET to obtain a copy of the draft recognizes the challenge of measuring AGENCY collection of information, submit or the progress and evaluating the view public comments, access the index effectiveness of an environmental and [OAR–2003–0070, FRL–7501–7] listing of the contents of the public public health education program where docket, and to access those documents the ultimate goal is to reduce risk and Agency Information Collection in the public docket that are available improve public health. Therefore, the Activities: Proposed Collection; electronically. Once in the system, continual and careful evaluation of Comment Request; The SunWise select ‘‘search,’’ then key in the docket program effectiveness through a variety School Program ID number identified above. of means, including data from pre- and AGENCY: Environmental Protection Any comments related to this ICR post-intervention surveys, tracking and Agency (EPA). should be submitted to EPA within 60 monitoring of classroom activities and ACTION: Notice. days of this notice, and according to the school policies, and advisory board following detailed instructions: Submit meetings, is necessary to monitor SUMMARY: In compliance with the your comments to EPA online using progress and refine the program. Paperwork Reduction Act (44 U.S.C. EDOCKET (our preferred method), by Surveys to be developed and 3501 et seq.), this document announces email to [email protected], or by administered include: (1) Student that EPA is planning to submit the mail to: EPA Docket Center, survey to identify current sun safety following continuing Information Environmental Protection Agency, Air knowledge and behaviors among Collection Request (ICR) to the Office of and Radiation Docket, Mailcode 6102T, students; (2) Parent survey to compare Management and Budget (OMB): The 1200 Pennsylvania Ave., NW., findings with those of their children as SunWise School Program, Global Washington, DC 20460. well as to draw comparisons with the Programs Division, EPA ICR No. EPA’s policy is that public comments, benchmarks established in other 1904.01, expiration date: 11/30/03. whether submitted electronically or in national surveys; and (3) Teacher Before submitting the ICR to OMB for paper, will be made available for public questionnaire for measuring their review and approval, EPA is soliciting viewing in EDOCKET as EPA receives receptivity to the educational comments on specific aspects of the them and without change, unless the component of the Program. The data continuing information collection as comment contains copyrighted material, will be analyzed and results will described below. CBI, or other information whose public indicate the Program’s effect on DATES: Comments must be submitted on disclosure is restricted by statute. When participants’ sun-protection attitudes or before July 21, 2003. EPA identifies a comment containing and behaviors. Responses to the collection of information are voluntary. ADDRESSES: Follow the detailed copyrighted material, EPA will provide All responses to the collection of instructions in SUPPLEMENTARY a reference to that material in the INFORMATION. version of the comment that is placed in information remain anonymous and EDOCKET. The entire printed comment, confidential. An agency may not FOR FURTHER INFORMATION CONTACT: including the copyrighted material, will conduct or sponsor, and a person is not Kristin Kenausis, Office of Atmospheric be available in the public docket. required to respond to, a collection of Programs, Global Programs Division, Although identified as an item in the information unless it displays a U.S. Environmental Protection Agency, official docket, information claimed as currently valid OMB control number. 1200 Pennsylvania Ave., NW. (6205J), CBI, or whose disclosure is otherwise The OMB control numbers for EPA’s Washington, DC 20460, (202) 564–2289, restricted by statute, is not included in regulations are listed in 40 CFR part 9 [email protected]. the official public docket, and will not and 48 CFR chapter 15. SUPPLEMENTARY INFORMATION: EPA has be available for public viewing in Burden Statement: The annual public established a public docket for this ICR EDOCKET. For further information reporting and record keeping burden for under Docket ID number OAR–2003– about the electronic docket, see EPA’s this collection of information is 0070, which is available for public Federal Register notice describing the estimated to average .5 hours per viewing at the Air and Radiation Docket electronic docket at 67 FR 38102 (May response.

Total Hours Rate per hour Total Cost Number to be surveyed annually Burden ($) (D=B*C)

(A) (B) (C) (D)

3,000 Students ...... 3,000 ...... 1,000 Teachers ...... 500 $36.88 $18,440.00

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Total Hours Rate per hour Total Cost Number to be surveyed annually Burden ($) (D=B*C)

(A) (B) (C) (D)

1,000 Parents ...... 250 $20.29 $5,072.50

Total (Annual) ...... 3,750 ...... $23,512.50

ICR Total (3 years) ...... 11,250 ...... $70,537.50

The contractor (Boston University Validation Subcommittee (EDMVS), a Protection Act (FQPA) of 1996 (Public Medical Center) will assist EPA in data Subcommittee under the National Law 104–170), 21 U.S.C. 346a(p) and collection and analysis. EPA has Advisory Council for Environmental amendments to the Safe Drinking Water contracted for a total of 400 professional Policy and Technology (NACEPT), on Act (SDWA) (Public Law 104–182), 42 hours. At an average rate of $100 per June 5–6, 2003. This meeting, as with all U.S.C. 300j–17. Since other entities may hour, the total cost for the contractor is EDMVS meetings, is open to the public. also be interested, the Agency has not $40,000 annually. Agency burden to Seating is on a first-come basis. attempted to describe all the specific manage this contract is estimated at 4 DATES: The meeting will be held on entities that may be interested in this hours/month or 48 hours annually. The Thursday, June 5, 2003, from 9 a.m. to action. If you have any questions cost of this labor will be calculated 5 p.m., and Friday, June 6, 2003, from regarding this action, consult the person based on a GS 12 Step 5 pay level 8:30 a.m. to 3 p.m. eastern daylight listed under FOR FURTHER INFORMATION ($44.75/hour using the salary associated time. The telephone number at CONTACT. with this grade and step, multiplied by RESOLVE is (202) 944–2300. B. How Can I Get Additional a benefits factor of 1.616). Total hours Individuals requiring special Information, Including Copies of this (48) multiplied by $44.75 per hour accommodations at the meeting, Document or Other Related Documents? amounts to a total agency labor cost of including wheelchair access, should $2,196/per annum. contact Jane Smith at the address listed 1. Docket. EPA has established an Burden means the total time, effort, or under FOR FURTHER INFORMATION official public docket for this action financial resources expended by persons CONTACT at least 5 business days prior under docket identification (ID) number to generate, maintain, retain, or disclose to the meeting, so appropriate OPPT–2003–0016. The official public or provide information to or for a arrangements can be made. docket consists of the documents Federal agency. This includes ADDRESSES: The meeting will be held at specifically referenced in this action, collecting, validating, and verifying RESOLVE, 1255 23rd St., NW., Suite any public comments received, and information, processing and 275, Washington, DC. other related information. Although a maintaining information, and disclosing Requests and comments may be part of the official docket, the public and providing information; adjust the submitted electronically, by telephone, docket does not include Confidential existing ways to comply with any fax, or through hand delivery/courier. Business Information (CBI) or other previously applicable instructions and Follow the detailed instructions as information whose disclosure is requirements; train personnel to be able provided in Unit I.C. of the restricted by statute. The official public to respond to a collection of SUPPLEMENTARY INFORMATION. docket is the collection of materials that information; search data sources; are available for public viewing at the FOR FURTHER INFORMATION CONTACT: Jane complete and review the collection of Smith, Designated Federal Official for EPA Docket Center, Rm. B102-Reading information; and transmit or otherwise the EDMVS, Exposure Assessment Room, EPA West, 1301 Constitution disclose the information. Coordination and Policy Division Ave., NW., Washington, DC. The EPA Dated: May 6, 2003. (7203M), Office of Science Coordination Docket Center is open from 8:30 a.m. to Drusilla Hufford, and Policy, Environmental Protection 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Director, Global Programs Division. Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone Docket Center Reading Room telephone [FR Doc. 03–12763 Filed 5–20–03; 8:45 am] number is (202) 566–1744 and the BILLING CODE 6560–50–P number: (202) 564–8476; fax number: (202) 564–8483; or e-mail address: telephone number for the OPPT Docket, [email protected]. which is located in EPA Docket Center, is (202) 566–0282. ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: AGENCY 2. Electronic access. A meeting I. General Information agenda, a list of EDMVS members and [OPPT–2003–0016; FRL–7304–9] information from previous meetings are A. Does this Notice Apply to Me? available electronically, from the EPA Endocrine Disruptor Methods This action is directed to the public Internet Home Page at http:// Validation Subcommittee under the in general. This action may, however, be www.epa.gov/scipoly/oscpendo/ National Advisory Council for of interest if you produce, manufacture, edmvs.htm. You may also go directly to Environmental Policy and Technology; use, consume, work with or import the ‘‘Federal Register’’ listings at http:/ Notice of Public Meeting pesticide chemicals and other /www.epa.gov/fedrgstr/. AGENCY: Environmental Protection substances. To determine whether you An electronic version of the public Agency (EPA). or your business may have an interest in docket is available through EPA’s ACTION: Notice of public meeting. this notice you should carefully electronic docket and comment system, examine section 408(p) of the Federal EPA Dockets. You may use EPA Dockets SUMMARY: There will be a meeting of the Food, Drug, and Cosmetic Act (FFDCA), at http://www.epa.gov/edocket to view Endocrine Disruptor Methods as amended by the Food Quality public comments, access the index

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listing of the contents of the official any length, and to accommodate oral send an e-mail comment directly to the public docket, and to access those public comments whenever possible. docket without going through EPA’s documents in the public docket that are The EDMVS expects that public electronic public docket, EPA’s e-mail available electronically. Once in the statements presented at its meeting will system automatically captures your e- system, select ‘‘search,’’ then key in be on the meeting topic and not be mail address. E-mail addresses that are docket ID number OPPT–2003–0016. repetitive of previously submitted oral automatically captured by EPA’s e-mail Although not all docket materials may or written statements. system are included as part of the be available electronically, you may still You may submit comments comment that is placed in the official access any of the publicly available electronically or through hand delivery/ public docket, and made available in docket materials through the docket courier. To ensure proper receipt by EPA’s electronic public docket. facility identified in Unit I.B.I. EPA, identify the appropriate docket ID iii. Disk or CD ROM. You may submit number in the subject line on the first comments on a disk or CD ROM by C. How Can I Request to Participate in page of your comment. EPA is not courier or package service, such as the Meeting? required to consider these late Federal Express to the address You may submit a request to comments. If you wish to submit CBI or identified in Unit I.D.2. These electronic participate in the meeting through information that is otherwise protected submissions will be accepted in electronic mail, telephone, fax, or in by statute, please follow the instructions WordPerfect or ASCII file format. Avoid person. EPA would normally accept in Unit I.E. Do not use EPA Dockets or the use of special characters and any requests by mail, but in this time of e-mail to submit CBI or information form of encryption. delays in delivery of government mail protected by statute. 2. By hand delivery or courier. Deliver due to health and security concerns, 1. Electronically. If you submit an your comments to: OPPT Document EPA cannot assure your request would electronic comment as prescribed in this Control Office (DCO) in EPA East Bldg., arrive in a timely manner. Do not unit, EPA recommends that you include Rm. 6428, 1201 Constitution Ave., NW., submit any information in your request your name, mailing address, and an e- Washington, DC. Attention: Docket ID that is considered CBI. Your request mail address or other contact Number OPPT–2003–0016. The DCO is must be received by EPA on or before information in the body of your open from 8 a.m. to 4 p.m., Monday May 27, 2003. To ensure proper receipt comment. Also include this contact through Friday, excluding legal by EPA, it is imperative that you information on the outside of any disk holidays. The telephone number for the identify docket ID number OPPT–2003– or CD ROM you submit, and in any DCO is (202) 564–8930. 0016 in the subject line on the first page cover letter accompanying the disk or CD ROM. This ensures that you can be E. How Should I Submit CBI to the of your request. Agency? 1. Electronically. You may submit identified as the submitter of the your request to participate comment and allows EPA to contact you Do not submit information that you electronically. Do not submit any in case EPA cannot read your comment consider to be CBI electronically information electronically that you due to technical difficulties or needs through EPA’s electronic public docket consider to be CBI. Use WordPerfect further information on the substance of or by e-mail. You may claim 6.1/8.0 or ASCII file format and avoid your comment. EPA’s policy is that EPA information that you submit to EPA as the use of special characters and any will not edit your comment, and any CBI by marking any part or all of that form of encryption. identifying or contact information information as CBI (if you submit CBI i. EPA Docket. You may use EPA’s provided in the body of a comment will on disk or CD ROM, mark the outside electronic public docket to submit a be included as part of the comment that of the disk or CD ROM as CBI and then request to participate in this meeting. is placed in the official public docket, identify electronically within the disk or Go to EPA Dockets at http://epa.gov/ and made available in EPA’s electronic CD ROM the specific information that is edocket, and follow the online public docket. If EPA cannot read your CBI). Information so marked will not be instructions for submitting materials. comment due to technical difficulties disclosed except in accordance with Once in the system, select ‘‘search,’’ and and cannot contact you for clarification, procedures set forth in 40 CFR part 2. then key in docket ID number OPPT– EPA may not be able to consider your In addition to one complete version of 2003–0016. comment. the comment that includes any ii. E-mail. Request to participate may i. EPA Dockets. Your use of EPA’s information claimed as CBI, a copy of be sent by e-mail to the person listed in electronic public docket to submit the comment that does not contain the FOR FURTHER INFORMATION CONTACT, or comments to EPA electronically is information claimed as CBI must be directly to the docket at EPA’s preferred method for receiving submitted for inclusion in the public [email protected], Attention: Docket ID comments. Go directly to EPA Dockets docket and EPA’s electronic public Number OPPT–2003–0016. at http://www.epa.gov/edocket/, and docket. If you submit the copy that does 2. Telephone or fax. Send your follow the online instructions for not contain CBI on disk or CD ROM, request to participate to the individual submitting comments. Once in the mark the outside of the disk or CD ROM identified in FOR FURTHER INFORMATION system, select ‘‘search,’’ and then key in clearly that it does not contain CBI. CONTACT. docket ID number OPPT–2003–0016. Information not marked as CBI will be The system is an ‘‘anonymous access’’ included in the public docket and EPA’s D. How and to Whom Do I Submit system, which means EPA will not electronic public docket without prior Comments? know your identity, e-mail address, or notice. If you have any questions about In accordance with the Federal other contact information unless you CBI or the procedures for claiming CBI, Advisory Committee Act (FACA), the provide it in the body of your comment. please consult the technical person public is encouraged to submit written ii. E-mail. Comments may be sent by listed under FOR FURTHER INFORMATION comments on the topic of this meeting. e-mail to [email protected], Attention: CONTACT. The EDMVS will have a brief period Docket ID Number OPPT–2003–0016. In available during the meeting for public contrast to EPA’s electronic public II. Background comment. It is the policy of the EDMVS docket, EPA’s e-mail system is not an In 1996, through enactment of the to accept written public comments of ‘‘anonymous access’’ system. If you Food Quality Protection Act, which

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amended the Federal Food, Drug, and The EDMVS has held six meetings 3. To discuss and provide advice on Cosmetic Act, Congress directed EPA to since its establishment in September general dose setting issues; and to develop a screening program, using 2001. provide comments and advice on: appropriate validated test systems and The objectives of the first meeting, • A pubertal--special study-- other scientifically relevant information, which was held in October 2001, restricted feeding. to determine whether certain substances (docket control number OPPT–42212D) • A mammalian 2-generation draft may have hormonal effects in humans. were for EPA to provide: PTU special study. In 1996, EPA chartered a scientific 1. An overview of EPA’s Endocrine • An amphibian metamorphosis advisory committee, the Endocrine Disruptor Program. detailed review paper. Disruptor Screening and Testing 2. Background information on test • An invertebrate detailed review Advisory Committee (EDSTAC), under protocol validation and approaches. paper. the authority of the Federal Advisory 3. For the EDMVS to develop a clear The objective of the December 2002 Committee Act (FACA ) to advise it on understanding of their scope, purpose, teleconference meeting (docket ID establishing a program to carry out and operating procedures. number OPPT–2002–0059) was for the Congress’ directive. EDSTAC 4. The EDMVS and the EDSP to EDMVS to provide input and advice on recommended a multi-step approach determine the next steps. the Tier II fish life cycle assay detailed including a series of screens (Tier I The objectives of the December 2001 review paper. screens) and tests (Tier II tests) for meeting (docket control number OPPT– 42212E) were for the EDMVS to provide III. Meeting Objectives for the June 5– determining whether a chemical 6, 2003 Meeting substance may have an effect in humans input and advice on: 1. EDMVS’s mission statement and similar to that produced by naturally The objectives of the June 5–6, 2003 work plan. occurring hormones. EPA adopted (docket ID number OPPT–2003–0016) 2. The in utero through lactation assay almost all of EDSTAC’s are for EDMVS to provide input and detailed review paper. advice on: recommendations in the program that it 3. The pubertal assay study design for developed, the Endocrine Disruptor 1. The Tier II Mammalian 2- the multi-dose and chemical array generation special study on the one- Screening Program (EDSP), to carry out protocols. Congress’ directive. generation extension results. 4. The mammalian one-generation 2. The Tier I steroidogenesis (sliced EDSTAC also recognized that there study design. testes) study results. currently are no validated test systems The objectives of the March 2002 3. To provide the status of the Tier I for determining whether a chemical may meeting (docket control number study results of the aromatase placental have an effect in humans that is similar 42212F) were for the EDMVS to provide tissue study. to an effect produced by naturally input and advice on: A list of the EDMVS members and occurring hormones. Consequently, EPA 1. EPA’s implementation process and meeting materials are available on our is in the process of developing and practical aspects of validation. web site (http://www.epa.gov/scipoly/ validating the screens and tests that 2. The in utero through lactation assay oscpendo/edmvs.htm) and in the public EDSTAC recommended for inclusion in protocol. docket. the EDSP. In carrying out this validation 3. The fish reproduction assay exercise, EPA is working closely with, detailed review paper. List of Subjects and adhering to the principles of the 4. Special studies, the fathead Environmental protection, Endocrine Interagency Coordinating Committee for minnow assays, vitellogenin assay, and system, Endocrine disruptors, the Validation of Alternate Methods avian dosing protocol. Endocrine disruptor screening program. 5. The steroidogenesis detailed review (ICCVAM). EPA also is working closely Dated: May 9, 2003. with the Organization for Economic paper. Joseph Merenda, Cooperation and Development’s (OECD) 6. The aromatase detailed review Endocrine Testing and Assessment Task paper. Director, Office of Science Coordination and 7. A proposed standard suite of Policy, Office of Prevention, Pesticides and Force to validate and harmonize Toxic Substances. endocrine screening tests of chemicals for testing in the Tier I [FR Doc. 03–12484 Filed 5–20–03; 8:45 am] international interest. screening assays. 8. The current efforts related to BILLING CODE 6560–50–S Finally, to ensure that EPA has the evaluating the relevance of animal data best and most up-to-date advice to human health. available regarding the validation of the 9. EPA’s approach to addressing low ENVIRONMENTAL PROTECTION screens and tests in the EDSP, EPA dose issues. AGENCY formed the Endocrine Disruptor The objective of the June 2002 Methods Validation Subcommittee teleconference meeting (docket ID [OPP–2003–0142; FRL–7308–4] (EDMVS) of the National Advisory number OPPT–2002–0020) was for the Fenhexamid; Notice of Filing Pesticide Council for Environmental Policy and EDMVS to provide input and advice on Petitions to Establish a Tolerance for Technology (NACEPT). EDMVS the steroidogenesis detailed review a Certain Pesticide Chemical in or on provides independent advice and paper. Food counsel to the Agency through The objectives of the July 2002 NACEPT, on scientific and technical meeting (docket ID number OPPT– AGENCY: Environmental Protection issues related to validation of the EDSP 2002–0029) were: Agency (EPA). Tier I screens and Tier II tests, including 1. To review the screening criteria, ACTION: Notice. advice on methods for reducing animal recommended by EDSTAC and adopted use, refining procedures involving by EDSP for screens. SUMMARY: This notice announces the animals to make them less stressful, and 2. To receive an update of the initial filing of pesticide petitions replacing animals where scientifically NICEATM estrogen and androgen proposing the establishment of appropriate. receptor binding efforts. regulations for residues of a certain

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pesticide chemical in or on various food docket is the collection of materials that contains copyrighted material, CBI, or commodities. is available for public viewing at the other information whose disclosure is DATES: Comments, identified by docket Public Information and Records restricted by statute. When EPA ID number OPP–2003–0142, must be Integrity Branch (PIRIB), Rm. 119, identifies a comment containing received on or before June 20, 2003. Crystal Mall #2, 1921 Jefferson Davis copyrighted material, EPA will provide ADDRESSES: Comments may be Hwy., Arlington, VA. This docket a reference to that material in the submitted electronically, by mail, or facility is open from 8:30 a.m. to 4 p.m., version of the comment that is placed in through hand delivery/courier. Follow Monday through Friday, excluding legal EPA’s electronic public docket. The the detailed instructions as provided in holidays. The docket telephone number entire printed comment, including the is (703) 305–5805. copyrighted material, will be available Unit I. of the SUPPLEMENTARY 2. Electronic access. You may access in the public docket. INFORMATION. this Federal Register document Public comments submitted on FOR FURTHER INFORMATION CONTACT: electronically through EPA’s Internet computer disks that are mailed or Sidney Jackson, Registration Division under the ‘‘Federal Register’’ listings at delivered to the docket will be (7505C), Office of Pesticide Programs, http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public Environmental Protection Agency, 1200 An electronic version of the public docket. Public comments that are Pennsylvania Ave., NW., Washington, docket is available through EPA’s mailed or delivered to the docket will be DC 20460–0001; telephone number: electronic public docket and comment scanned and placed in EPA’s electronic (703) 305–7610; e-mail address: system, EPA Dockets. You may use EPA public docket. Where practical, physical [email protected]. Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the SUPPLEMENTARY INFORMATION: to submit or view public comments, photograph will be placed in EPA’s access the index listing of the contents electronic public docket along with a I. General Information of the official public docket, and to brief description written by the docket access those documents in the public A. Does this Action Apply to Me? staff. docket that are available electronically. You may be potentially affected by Although not all docket materials may C. How and to Whom Do I Submit this action if you are an agricultural be available electronically, you may still Comments? producer, food manufacturer, or access any of the publicly available You may submit comments pesticide manufacturer. The North docket materials through the docket electronically, by mail, or through hand American Industrial Classification facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper System (NAICS) codes have been the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate provided to assist you and others in the appropriate docket ID number. docket ID number in the subject line on determining whether this action might Certain types of information will not the first page of your comment. Please apply to certain entities. Potentially be placed in EPA’s Dockets. Information ensure that your comments are affected entities may include, but are claimed as CBI and other information submitted within the specified comment not limited to: whose disclosure is restricted by statute, period. Comments received after the which is not included in the official close of the comment period will be • Crop production (NAICS 111) public docket, will not be available for marked ‘‘late.’’ EPA is not required to • Animal production (NAICS 112) public viewing in EPA’s electronic consider these late comments. If you • Food manufacturing (NAICS 311) public docket. EPA’s policy is that wish to submit CBI or information that • Pesticide manufacturing (NAICS copyrighted material will not be placed is otherwise protected by statute, please 32532) in EPA’s electronic public docket but follow the instructions in Unit I.D. Do This listing is not intended to be will be available only in printed, paper not use EPA Dockets or e-mail to submit exhaustive, but rather provides a guide form in the official public docket. To the CBI or information protected by statute. for readers regarding entities likely to be extent feasible, publicly available 1. Electronically. If you submit an affected by this action. Other types of docket materials will be made available electronic comment as prescribed in this entities not listed in this unit could also in EPA’s electronic public docket. When unit, EPA recommends that you include be affected. If you have any questions a document is selected from the index your name, mailing address, and an e- regarding the applicability of this action list in EPA Dockets, the system will mail address or other contact to a particular entity, consult the person identify whether the document is information in the body of your listed under FOR FURTHER INFORMATION available for viewing in EPA’s electronic comment. Also include this contact CONTACT. public docket. Although not all docket information on the outside of any disk materials may be available or CD ROM you submit, and in any B. How Can I Get Copies of this electronically, you may still access any cover letter accompanying the disk or Document and Other Related of the publicly available docket CD ROM. This ensures that you can be Information? materials through the docket facility identified as the submitter of the 1. Docket. EPA has established an identified in Unit I.B. EPA intends to comment and allows EPA to contact you official public docket for this action work towards providing electronic in case EPA cannot read your comment under docket identification (ID) number access to all of the publicly available due to technical difficulties or needs OPP–2003–0142. The official public docket materials through EPA’s further information on the substance of docket consists of the documents electronic public docket. your comment. EPA’s policy is that EPA specifically referenced in this action, For public commenters, it is will not edit your comment, and any any public comments received, and important to note that EPA’s policy is identifying or contact information other information related to this action. that public comments, whether provided in the body of a comment will Although a part of the official docket, submitted electronically or in paper, be included as part of the comment that the public docket does not include will be made available for public is placed in the official public docket, Confidential Business Information (CBI) viewing in EPA’s electronic public and made available in EPA’s electronic or other information whose disclosure is docket as EPA receives them and public docket. If EPA cannot read your restricted by statute. The official public without change, unless the comment comment due to technical difficulties

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and cannot contact you for clarification, information that you submit to EPA as the sufficiency of the submitted data at EPA may not be able to consider your CBI by marking any part or all of that this time or whether the data support comment. information as CBI (if you submit CBI granting of the petitions. Additional i. EPA dockets. Your use of EPA’s on disk or CD ROM, mark the outside data may be needed before EPA rules on electronic public docket to submit of the disk or CD ROM as CBI and then the petitions. comments to EPA electronically is identify electronically within the disk or List of Subjects EPA’s preferred method for receiving CD ROM the specific information that is comments. Go directly to EPA Dockets CBI). Information so marked will not be Environmental protection, at http://www.epa.gov/edocket, and disclosed except in accordance with Agricultural commodities, Feed follow the online instructions for procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides submitting comments. Once in the In addition to one complete version of and pests, Reporting and recordkeeping system, select ‘‘search,’’ and then key in the comment that includes any requirements. docket ID number OPP–2003–0142. The information claimed as CBI, a copy of Dated: May 9, 2003. system is an ‘‘anonymous access’’ the comment that does not contain the Debra Edwards, system, which means EPA will not information claimed as CBI must be know your identity, e-mail address, or Director, Registration Division, Office of submitted for inclusion in the public Pesticide Programs. other contact information unless you docket and EPA’s electronic public provide it in the body of your comment. docket. If you submit the copy that does Summary of Petitions ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, The petitioner’s summary of the e-mail to [email protected], mark the outside of the disk or CD ROM pesticide petitions is printed below as Attention: Docket ID number OPP– clearly that it does not contain CBI. required by FFDCA section 408(d)(3). 2003–0142. In contrast to EPA’s Information not marked as CBI will be The summary of the petitions was electronic public docket, EPA’s e-mail included in the public docket and EPA’s prepared by the Arvesta Corporation, system is not an ‘‘anonymous access’’ electronic public docket without prior 100 First Street, Suite 1700, San system. If you send an e-mail comment notice. If you have any questions about Francisco, CA 94105 and represents the directly to the docket without going CBI or the procedures for claiming CBI, view of Arvesta Corporation. The through EPA’s electronic public docket, please consult the person listed under petitions summary announces the EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. availability of a description of the captures your e-mail address. E-mail analytical methods available to EPA for addresses that are automatically E. What Should I Consider as I Prepare the detection and measurement of the captured by EPA’s e-mail system are My Comments for EPA? pesticide chemical residues or an included as part of the comment that is You may find the following explanation of why no such method is placed in the official public docket, and suggestions helpful for preparing your needed. made available in EPA’s electronic comments: public docket. 1. Explain your views as clearly as Interregional Research Project Number iii. Disk or CD ROM. You may submit possible. 4 comments on a disk or CD ROM that 2. Describe any assumptions that you PP 2E6463, 2E6496, 3E6532, and you mail to the mailing address used. 3E6541 identified in Unit I.C.2. These electronic 3. Provide copies of any technical submissions will be accepted in information and/or data you used that EPA has received pesticide petitions WordPerfect or ASCII file format. Avoid support your views. 2E6463, 2E6496, 3E6532, and 3E6541, the use of special characters and any 4. If you estimate potential burden or from the Interregional Research Project form of encryption. costs, explain how you arrived at the Number 4 (IR–4), Center for Minor Crop 2. By mail. Send your comments to: estimate that you provide. Pest Management, Rutgers, The State Public Information and Records 5. Provide specific examples to University of New Jersey, 681 U.S. Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. Highway #1 South, North Brunswick, NJ of Pesticide Programs (OPP), 6. Make sure to submit your 08902–3390 proposing, pursuant to Environmental Protection Agency, 1200 comments by the deadline in this section 408(d) of the FFDCA, 21 U.S.C. Pennsylvania Ave., NW., Washington, notice. 346a(d), to amend 40 CFR 180.553 by DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, establishing tolerances for residues of number OPP–2003–0142. be sure to identify the docket ID number fenhexamid, N-(2,3-dichloro-4- 3. By hand delivery or courier. Deliver assigned to this action in the subject hydroxyphenyl)-1-methyl-cyclohexane your comments to: Public Information line on the first page of your response. carboxamide, in or on raw agricultural and Records Integrity Branch (PIRIB), You may also provide the name, date, commodities as follows: Office of Pesticide Programs (OPP), and Federal Register citation. 1. PP 2E6463 proposes a tolerance in Environmental Protection Agency, Rm. or on kiwifruit (post harvest) at 15.0 II. What Action is the Agency Taking? 119, Crystal Mall #2, 1921 Jefferson parts per million (ppm). Davis Hwy., Arlington, VA, Attention: EPA has received pesticide petitions 2. PP 2E6496 proposes to establish Docket ID number OPP–2003–0142. as follows proposing the establishment tolerances in or on cucumber at 2.0 Such deliveries are only accepted and/or amendment of regulations for ppm, and vegetable, fruiting, group 8 at during the docket’s normal hours of residues of a certain pesticide chemical 2.0 ppm. operation as identified in Unit I.B.1. in or on various food commodities 3. PP 3E6532 proposes a tolerance in under section 408 of the Federal Food, or on leafy greens subgroup 4A, except D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 spinach, at 30.0 ppm. Agency? U.S.C. 346a. EPA has determined that 4. PP 3E6541 proposes a tolerance in Do not submit information that you these petitions contain data or or on fruit, stone, group 12 (post consider to be CBI electronically information regarding the elements set harvest) at 10 ppm. through EPA’s electronic public docket forth in FFDCA section 408(d)(2); This action also proposes to further or by e-mail. You may claim however, EPA has not fully evaluated amend 40 CFR 180.553 by deleting the

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entry for stone fruit, except plum (fresh D. Cumulative Effects levels (LOAELs) were comparable, prune) tolerance at 6.0 ppm as a higher Consideration of a common indicating no increase in susceptibility tolerance of 10 ppm for fruit, stone, mechanism of toxicity is not appropriate of developing organisms. No evidence of group 12 (post harvest) is proposed at this time since it has a unique mode endocrine effects was noted in any herein. of action. Moreover, there is no study. It is therefore concluded by Arvesta Corporation that fenhexamid A. Residue Chemistry significant toxicity observed for fenhexamid. Even at toxicology limit poses no additional risk for infants and 1. Plant metabolism. The qualitative doses, only minimal toxicity is observed children and no additional uncertainty nature of fenhexamid residues in plants for fenhexamid. Therefore, Arvesta factor is warranted. is adequately understood. 2. Analytical method. An adequate Corporation concludes that only the F. International Tolerances method for purposes of enforcement of potential risks of fenhexamid are International tomato tolerances are in the proposed fenhexamid tolerances in considered in the exposure assessment. effect in France, Germany, Greece, Italy, plant commodities is available. E. Safety Determination Slovenia, Spain, Turkey (1 ppm), and 3. Magnitude of residues. The other European countries (2 ppm). Kiwi 1. U.S. population. Considering that magnitude of residues for fenhexamid tolerances are as follows: Greece, Italy, the percent of the chronic population on the proposed commodities is and Slovenia (10 ppm). Stonefruit adjusted dose (cPAD) utilized by all adequately understood. tolerances already exist in the U.S. for current uses (almonds, bushberries, pre-harvest applications as well as in B. Toxicological Profile caneberries, grapes, pear, pistachios, Canada (6 ppm), Austria (cherry, 5 ppm; raisins, pre-harvest stonefruit, and In the Federal Register of February 8, plum, 2 ppm); Belgium (cherry, 5 ppm); strawberry) is estimated to be 7% in the 2002 (67 FR 6028) (FRL–6821–2), EPA Germany and Slovenia (cherry, 5 ppm; Federal Register of April 18, 2002 (67 published the Notice of Filing proposing peach and plum, 2 ppm), Italy (cherry, FR 19114) (FRL–6829–9); considering the establishment of tolerances for 5 ppm; apricot, peach, and plum 2 also the proposed tolerances, proportion residues of fenhexamid on a number of ppm); Japan (peach, 1 ppm), of the crops treated and their raw agricultural commodities, including Switzerland (cherry, 2 ppm) and the importance in the diet, the percent of caneberry, et. al. That publication United Kingdom (plum, 1 ppm), and the cPAD utilized by the proposed uses summarizes in detail the current state of other European countries (peach and is estimated to 14%. Therefore, Arvesta knowledge regarding the toxicological plum, 1 ppm; cherry, 5 ppm). profile of fenhexamid including Corporation believes that the estimates of dietary exposure indicate adequate [FR Doc. 03–12485 Filed 5–20–03; 8:45 am] aggregate exposure assessment and BILLING CODE 6560–60–50–S determination of safety. Interested safety margins for the overall U.S. readers are referred to that document for population. 2. Infants and children. Considering specific information under Unit II. ENVIRONMENTAL PROTECTION that the percent of the cPAD utilized by AGENCY C. Aggregate Exposure all current uses (almonds, bushberries, 1. Dietary exposure—i. Food. Dietary caneberries, grapes, pear, pistachios, [OPP–2003–0167; FRL–7306–9] exposure to fenhexamid is limited to the raisins, pre-harvest stonefruit, and Carbofuran; Receipt of Applications established tolerances for residues of strawberry) is estimated to be 66% for Emergency Exemption, Solicitation fenhexamid on grapes (at 4.0 ppm), (infants) and 17% (children) (67 FR of Public Comment raisins (at 6.0 ppm), strawberries (at 3.0 19114, April 18, 2002); considering also ppm), almond nutmeat (at 0.02 ppm), the proposed tolerances, proportion of AGENCY: Environmental Protection almond hulls (at 2.0 ppm), stonefruit the crops treated and their importance Agency (EPA). (pre-harvest, at 5.0 ppm), pear (at 15 in the diet, the percent of the cPAD ACTION: Notice. ppm), bushberries (at 5.0 ppm), utilized by the proposed uses is caneberries (at 20 ppm), and pistachios estimated to 11% (infants) and 13% SUMMARY: EPA has received specific (at 0.02 ppm); the proposed tolerances (children). Therefore, the estimates of exemption requests from the Texas in the current submission which are as dietary exposure indicate adequate Department of Agriculture; the follows: Cucumber (at 2.0 ppm), crop safety margins for children. In assessing Oklahoma Department of Agriculture, group 8 (fruiting vegetables, at 2.0 ppm), the potential for additional sensitivity of Food, and Forestry; and the Louisiana kiwi (post-harvest, at 15.0 ppm), lettuce infants and children to residues of Department of Agriculture and Forestry (at 30.0 ppm), and crop group 12 fenhexamid, the available to use the pesticide flowable carbofuran (stonefruit, pre-harvest and post-harvest, developmental toxicity and (Furadan 4F Insecticide/Nematicide) at 10.0 ppm). reproductive toxicity studies and the (EPA Reg. No. 279–2876) to treat up to ii. Drinking water. Review of the potential for endocrine modulation by 1.8 million acres of cotton in Texas; environmental fate data indicates that fenhexamid were considered. 100,000 acres of cotton in Oklahoma; fenhexamid is relatively immobile and Developmental toxicity studies in two and 500,000 acres of cotton in Louisiana rapidly degrades in the soil and water. species indicate that fenhexamid does to control cotton aphid. The Applicants Fenhexamid dissipates in the not impose additional risks to propose the use of a chemical which has environment via several processes. developing fetuses and is not a been the subject of a Special Review Therefore, Arvesta Corporation believes teratogen. The 2–generation within EPA’s Office of Pesticide that a significant contribution to reproduction study in rats demonstrated Programs, and is intended for a use that aggregate risk from fenhexamid in that there were no adverse effects on could pose a risk similar to the risk drinking water is unlikely. reproductive performance, fertility, posed by uses evaluated under the 2. Non-dietary exposure. There is no fecundity, pup survival, or pup Special Review. The granular significant potential for non- development at non-maternally toxic formulation of carbofuran was the occupational exposure to the general levels. Maternal and developmental no subject of a Special Review between the public. The proposed uses are limited to observed adverse effect levels (NOAELs) years of 1986–1991, which resulted in a agricultural and horticultural use. and lowest observed adverse effect negotiated settlement whereby most of

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the registered uses of granular docket is the collection of materials that copyrighted material, EPA will provide carbofuran were phased out. While the is available for public viewing at the a reference to that material in the flowable formulation of carbofuran is Public Information and Records version of the comment that is placed in not the subject of a Special Review, EPA Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The believes that the proposed use of Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the flowable carbofuran on cotton could Hwy., Arlington, VA. This docket copyrighted material, will be available pose a risk similar to the risk assessed facility is open from 8:30 a.m. to 4 p.m., in the public docket. by EPA under the Special Review of Monday through Friday, excluding legal Public comments submitted on granular carbofuran. EPA is soliciting holidays. The docket telephone number computer disks that are mailed or public comment before making the is (703) 305–5805. delivered to the docket will be decision whether or not to grant the 2. Electronic access. You may access transferred to EPA’s electronic public exemption. this Federal Register document docket. Public comments that are electronically through the EPA Internet DATES: Written comments, identified by mailed or delivered to the Docket will docket ID number OPP–2003–0167, under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s http://www.epa.gov/fedrgstr/. must be received on or before June 5, electronic public docket. Where An electronic version of the public 2003. practical, physical objects will be docket is available through EPA’s photographed, and the photograph will ADDRESSES: Comments may be electronic public docket and comment be placed in EPA’s electronic public submitted electronically, by mail, or system, EPA Dockets. You may use EPA docket along with a brief description through hand delivery/courier. Follow Dockets at http://www.epa.gov/edocket/ written by the docket staff. the detailed instructions as provided in to submit or view public comments, Unit I. of the SUPPLEMENTARY access the index listing of the contents C. How and to Whom Do I Submit INFORMATION. of the official public docket, and to Comments? access those documents in the public FOR FURTHER INFORMATION CONTACT: You may submit comments docket that are available electronically. Stephen A. Schaible, Registration electronically, by mail, or through hand Once in the system, select ‘‘search,’’ Division (7505C), Office of Pesticide delivery/courier. To ensure proper then key in the appropriate docket ID Programs, Environmental Protection receipt by EPA, identify the appropriate Agency, 1200 Pennsylvania Ave., NW., number. Certain types of information will not docket ID number in the subject line on Washington, DC 20460–0001; telephone the first page of your comment. Please number: (703) 308–9362; fax number: be placed in the EPA Dockets. Information claimed as CBI and other ensure that your comments are (703) 308–6920; e-mail address: submitted within the specified comment [email protected]. information whose disclosure is restricted by statute, which is not period. Comments received after the SUPPLEMENTARY INFORMATION: included in the official public docket, close of the comment period will be marked ‘‘late.’’ EPA is not required to I. General Information will not be available for public viewing in EPA’s electronic public docket. EPA’s consider these late comments. If you A. Does this Action Apply to Me? policy is that copyrighted material will wish to submit CBI or information that You may be potentially affected by not be placed in EPA’s electronic public is otherwise protected by statute, please this action if you are a Federal or State docket but will be available only in follow the instructions in Unit I.D. Do government agency (NAICS 9241) printed, paper form in the official public not use EPA Dockets or e-mail to submit involved in administration of docket. To the extent feasible, publicly CBI or information protected by statute. environmental quality programs. available docket materials will be made 1. Electronically. If you submit an This listing is not intended to be available in EPA’s electronic public electronic comment as prescribed in this exhaustive, but rather provides a guide docket. When a document is selected unit, EPA recommends that you include for readers regarding entities likely to be from the index list in EPA Dockets, the your name, mailing address, and an e- affected by this action. Other types of system will identify whether the mail address or other contact entities not listed in this unit could also document is available for viewing in information in the body of your be affected. If you have any questions EPA’s electronic public docket. comment. Also include this contact regarding the applicability of this action Although not all docket materials may information on the outside of any disk to a particular entity, consult the person be available electronically, you may still or CD ROM you submit, and in any listed under FOR FURTHER INFORMATION access any of the publicly available cover letter accompanying the disk or CONTACT. docket materials through the docket CD ROM. This ensures that you can be facility identified in Unit I.B.1. EPA identified as the submitter of the B. How Can I Get Copies of this intends to work towards providing comment and allows EPA to contact you Document and Other Related electronic access to all of the publicly in case EPA cannot read your comment Information? available docket materials through due to technical difficulties or needs 1. Docket. EPA has established an EPA’s electronic public docket. further information on the substance of official public docket for this action For public commenters, it is your comment. EPA’s policy is that EPA under docket identification (ID) number important to note that EPA’s policy is will not edit your comment, and any OPP–2003–0167. The official public that public comments, whether identifying or contact information docket consists of the documents submitted electronically or in paper, provided in the body of a comment will specifically referenced in this action, will be made available for public be included as part of the comment that any public comments received, and viewing in EPA’s electronic public is placed in the official public docket, other information related to this action. docket as EPA receives them and and made available in EPA’s electronic Although a part of the official docket, without change, unless the comment public docket. If EPA cannot read your the public docket does not include contains copyrighted material, CBI, or comment due to technical difficulties Confidential Business Information (CBI) other information whose disclosure is and cannot contact you for clarification, or other information whose disclosure is restricted by statute. When EPA EPA may not be able to consider your restricted by statute. The official public identifies a comment containing comment.

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i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside Agriculture, Food, and Forestry; and the electronic public docket to submit of the disk or CD ROM as CBI and then Texas Department of Agriculture have comments to EPA electronically is identify electronically within the disk or requested the Administrator to issue EPA’s preferred method for receiving CD ROM the specific information that is specific exemptions for the use of comments. Go directly to EPA Dockets CBI). Information so marked will not be carbofuran on cotton to control cotton at http://www.epa.gov/edocket, and disclosed except in accordance with aphids. Information in accordance with follow the online instructions for procedures set forth in 40 CFR part 2. 40 CFR part 166 was submitted as part submitting comments. Once in the In addition to one complete version of of this request. system, select ‘‘search,’’ and then key in the comment that includes any As part of this request, the Applicants docket ID number OPP–2003–0167. The information claimed as CBI, a copy of assert that the States of Louisiana, system is an ‘‘anonymous access’’ the comment that does not contain the Oklahoma, and Texas are likely to system, which means EPA will not information claimed as CBI must be experience non-routine infestations of know your identity, e-mail address, or submitted for inclusion in the public aphids during the 2003 cotton growing other contact information unless you docket and EPA’s electronic public season. The Applicants further claim provide it in the body of your comment. docket. If you submit the copy that does that resistance to currently registered ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, alternatives may occur and that without e-mail to [email protected], mark the outside of the disk or CD ROM a specific exemption from registration Attention: Docket ID Number OPP– clearly that it does not contain CBI. under FIFRA for the use of flowable 2003–0167. In contrast to EPA’s Information not marked as CBI will be carbofuran on cotton to control cotton electronic public docket, EPA’s e-mail included in the public docket and EPA’s aphids, cotton growers in these states system is not an ‘‘anonymous access’’ electronic public docket without prior will suffer significant economic losses. system. If you send an e-mail comment notice. If you have any questions about The Applicants propose to make no directly to the docket without going CBI or the procedures for claiming CBI, more than two applications of flowable through EPA’s electronic public docket, please consult the person listed under carbofuran on cotton at the rate of 0.25 EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. lb. active ingredient (a.i.) (8 fluid captures your e-mail address. E-mail ounces) in a minimum of 2 gallons of addresses that are automatically E. What Should I Consider as I Prepare finished spray per acre by air, or 10 captured by EPA’s e-mail system are My Comments for EPA? gallons of finished spray per acre by included as part of the comment that is You may find the following ground application. The total maximum placed in the official public docket, and suggestions helpful for preparing your proposed use during the 2003 growing made available in EPA’s electronic comments: season (April 1, 2003 - October 31, 2003 public docket. 1. Explain your views as clearly as in Texas, July 1, 2003 - October 15, 2003 iii. Disk or CD ROM. You may submit possible. in Oklahoma, and June 1, 2003 - comments on a disk or CD ROM that 2. Describe any assumptions that you September 30, 2003 in Louisiana) would you mail to the mailing address used. be 0.5 lb. a.i. (16 fl. oz.) per acre. The identified in Unit I.C.2. These electronic 3. Provide copies of any technical Applicants propose that the maximum submissions will be accepted in information and/or data you used that acreage which could be treated under WordPerfect or ASCII file format. Avoid support your views. the requested exemptions would be 1.8 the use of special characters and any 4. If you estimate potential burden or million acres in Texas; 100,000 acres in form of encryption. costs, explain how you arrived at the Oklahoma; and 500,000 acres in 2. By mail. Send your comments to: estimate that you provide. Louisiana. If all of these acres were Public Information and Records 5. Provide specific examples to treated at the maximum proposed rates Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. and for the maximum allowed number of Pesticide Programs (OPP), 6. Offer alternative ways to improve of times, 900,000 lb. a.i. (225,000 Environmental Protection Agency, 1200 the notice. gallons of Furadan 4F Insecticide/ Pennsylvania Ave., NW., Washington, 7. Make sure to submit your Nematicide) would be used in Texas, DC 20460–0001, Attention: Docket ID comments by the deadline in this 50,000 lb. a.i. would be used in Number OPP–2003–0167. document. Oklahoma, and 250,000 lb. a.i. would be 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, used in Louisiana. This notice does not constitute a your comments to: Public Information be sure to identify the docket ID number decision by EPA on the application and Records Integrity Branch (PIRIB), assigned to this action in the subject itself. The regulations governing section Office of Pesticide Programs (OPP), line on the first page of your response. 18 of FIFRA require publication of a Environmental Protection Agency, Rm. You may also provide the name, date, notice of receipt of an application for a 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. Davis Hwy., Arlington, VA, Attention: specific exemption proposing use of a Docket ID Number OPP–2003–0167. II. Background chemical (i.e., an active ingredient) which has been the subject of a Special Such deliveries are only accepted What Action is the Agency Taking? during the docket’s normal hours of Review within EPA’s Office of Pesticide operation as identified in Unit I.B.1. Under section 18 of the Federal Programs and is intended for a use that Insecticide, Fungicide, and Rodenticide could pose a risk similar to the risk D. How Should I Submit CBI to the Act (FIFRA) (7 U.S.C. 136p), at the posed by uses evaluated under the Agency? discretion of the Administrator, a Special Review. The granular Do not submit information that you Federal or State agency may be formulation of carbofuran was the consider to be CBI electronically exempted from any provision of FIFRA subject of a Special Review between the through EPA’s electronic public docket if the Administrator determines that years of 1986–1991, which resulted in a or by e-mail. You may claim emergency conditions exist which negotiated settlement whereby most of information that you submit to EPA as require the exemption. The Louisiana the registered uses of granular CBI by marking any part or all of that Department of Agriculture and Forestry; carbofuran were phased out. While the information as CBI (if you submit CBI the Oklahoma Department of flowable formulation of carbofuran is

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not the subject of a Special Review, EPA regarding the information in this action, to September 30, 2003. The believes that the proposed use of consult the person listed under FOR experimental use of this new flowable carbofuran on cotton could FURTHER INFORMATION CONTACT. pheromone active ingredient, delivered pose a risk similar to the risk assessed by dispenser, is covered by the tolerance B. How Can I Get Copies of this by EPA under the Special Review of exemptions established at 40 CFR Document and Other Related granular carbofuran. The notice Information? 180.1122 and 180.1124. provides an opportunity for public Authority: 7 U.S.C. 136c. comment on the application. 1. Docket. EPA has established an The Agency, will review and consider official public docket for this action List of Subjects all comments received during the under docket identification (ID) number Environmental protection, comment period in determining OPP–2003–0143. The official public Experimental use permits. whether to issue the specific docket consists of the documents exemptions requested by the Louisiana specifically referenced in this action, Dated: May 7, 2003. Department of Agriculture and Forestry; any public comments received, and Janet L. Andersen, the Oklahoma Department of other information related to this action. Director, Biopesticides and Pollution Agriculture, Food, and Forestry; and the Although a part of the official docket, Prevention Division, Office of Pesticide Texas Department of Agriculture. the public docket does not include Programs. Confidential Business Information (CBI) [FR Doc. 03–12481 Filed 5–20–03; 8:45 am] List of Subjects or other information whose disclosure is BILLING CODE 6560–50–S Environmental protection, Pesticides restricted by statute. The official public and pests. docket is the collection of materials that is available for public viewing at the Dated: May 8, 2003. ENVIRONMENTAL PROTECTION Public Information and Records AGENCY Debra Edwards, Integrity Branch (PIRIB), Rm. 119, Director, Registration Division, Office of Crystal Mall #2, 1921 Jefferson Davis [FRL–7501–8] Pesticide Programs. Hwy., Arlington, VA. This docket [FR Doc. 03–12483 Filed 5–20–03; 8:45 am] facility is open from 8:30 a.m. to 4 p.m., A Review of the Reference Dose and Reference Concentration Processes BILLING CODE 6560–50–S Monday through Friday, excluding legal holidays. The docket telephone number AGENCY: Environmental Protection is (703) 305–5805. Agency (EPA). ENVIRONMENTAL PROTECTION 2. Electronic access. You may access ACTION: Notice of availability of a final AGENCY this Federal Register document report. [OPP–2003–0143; FRL–7394–1] electronically through the EPA Internet under the ‘‘Federal Register’’ listings at SUMMARY: The U.S. Environmental Issuance of an Experimental Use http://www.epa.gov/fedrgstr/. Protection Agency’s (EPA) Risk Permit An electronic version of the public Assessment Forum (RAF) announces the docket is available through EPA’s availability of a final report, A Review AGENCY: Environmental Protection electronic public docket and comment of the Reference Dose and Reference Agency (EPA). system, EPA Dockets. You may use EPA Concentration Processes (EPA/630/P– ACTION: Notice. Dockets at http://www.epa.gov/edocket/ 02/002F, December 2002). to submit or view public comments, ADDRESSES: The document is available SUMMARY: EPA has granted an access the index listing of the contents experimental use permit (EUP) to HBB electronically through the Risk of the official public docket, and to Assessment Forum’s Web site (http:// Partnership. An EUP permits use of a access those documents in the public pesticide for experimental or research cfpub.epa.gov/ncea/raf/ docket that are available electronically. recordisplay.cfm?deid=55365 ). A purposes only in accordance with the Although not all docket materials may limitations in the permit. limited number of paper copies will be be available electronically, you may still available from the EPA’s National FOR FURTHER INFORMATION CONTACT: access any of the publicly available Service Center for Environmental Denise Greenway, Biopesticides and docket materials through the docket Publications (NSCEP), P.O. Box 42419, Pollution Prevention Division (7511C), facility identified in Unit I.B.1. Once in Cincinnati, OH 45242; telephone: 1– Office of Pesticide Programs, the system, select ‘‘search,’’ then key in 800–490–9198 or 513–489–8190; Environmental Protection Agency, 1200 the appropriate docket ID number. facsimile: 513–489–8695. Please provide Pennsylvania Ave., NW., Washington, II. EUP your name and mailing address and the DC 20460–0001; telephone number: EPA has issued the following EUP: title and EPA number of the requested (703) 308–8263; e-mail address: publication. [email protected]. 75108–EUP–1. Issuance. HBB Partnership, 5151 N. Palm Ave., Suite FOR FURTHER INFORMATION CONTACT: Dr. SUPPLEMENTARY INFORMATION: 820, Fresno, CA 93704–2221. This EUP Carole Kimmel, National Center for I. General Information allows the use of 1.46 pounds of the Environmental Assessment, (8623D), California red scale pheromone, (3S, U.S. Environmental Protection Agency, A. Does this Action Apply to Me? 6R)-3-methyl-6-isopropenyl-9-decen-1- 1200 Pennsylvania Avenue, NW., This action is directed to the public yl acetate and (3S, 6S)-3-methyl-6- Washington, DC 20460; telephone: 202– in general. Although this action may be isopropenyl-9-decen-1-yl acetate, on 564–3307; facsimile: 202–565–0078; of particular interest to those persons 4,050 acres of citrus, as a mating email: [email protected]. who conduct or sponsor research on disruptor, to evaluate the control of SUPPLEMENTARY INFORMATION: This pesticides, the Agency has not California red scale. The program is report, entitled, ‘‘A Review of the attempted to describe all the specific authorized only in the States of Arizona, Reference Dose and Reference entities that may be affected by this California, Florida, Hawaii, and Texas. Concentration Processes,’’ summarizes action. If you have any questions The EUP is effective from April 3, 2003 the review and deliberations of the Risk

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Assessment Forum’s RfD/RfC Technical Comprehensive Environmental discharge of storm water from industrial Panel and its recommendations for Response, Compensation, and Liability activities and discharges of treated improvements in the process of deriving Act of 1980 (CERCLA), as amended effluent from mobile spill response reference values, including setting less regarding the Southern Solvents units. When issued, the proposed than lifetime as well as chronic Superfund Site located in Tampa, permit will establish effluent reference values. It discusses revisions Hillsborough County, Florida. This limitations, standards, prohibitions and to the overall framework for the Agreement is made and entered into by other conditions on discharges from derivation of reference values that EPA and by Southern Solvents, Inc., covered facilities. These conditions are broaden and expand the information (‘‘Settling Parties’’). EPA will consider based on existing national effluent considered in setting reference values. public comments on the proposed guidelines, the state of Alaska’s Water The document is a review, not guidance, settlement until June 20, 2003. Quality Standards and material and it evaluates the current state-of-the- EPA may withdraw from or modify contained in the administrative record. art for hazard characterization with a the proposed settlement should such A description of the basis for the focus on protection of potentially comments disclose facts or conditions and requirements of the sensitive subpopulations. The report considerations which indicate the proposed general permit is given in the make a number of recommendations proposed settlement in appropriate, fact sheet. This is also notice of EPA’s that should be considered in the improper, or inadequate. Copies of the issuance of a Finding of No Significant implementation of changes in the proposed settlement are available from: Impact (FNSI) coverage under this GP current process and/or development of Ms. Paula V. Batchelor, U.S. EPA, for the new source facility, BP needed guidance. The Technical Panel Region 4, Sam Nunn Atlanta Federal Exploration (Alaska), Inc.’s Badami views the RfD/RfC process as one that Center, Waste Management Division, 61 facility covered by NPDES permit AKG– should be continually evolving as new Forsyth Street, SW., Atlanta, Georgia 31–0001 which will be reauthorized information becomes available and new 30303. (404) 562–8887. with the number AKG–33–0001. scientific and risk assessment Written comments may be submitted DATES: Interested persons may submit approaches are developed. This does to Ms. Batchelor within thirty (30) comments on the proposed reissuance not mean that current RfDs or RfCs are calendar days of the date of this of the general permit to EPA, Region 10 invalid, but these new scientific issues publication. at the address below. Comments must be postmarked by July 7, 2003. should be included in the process of re- Dated: April 28, 2003. ADDRESSES: evaluating current reference values. As Archie Lee, Comments on the proposed a follow-up to the recommendation for general permit reissuance should be Chief, CERCLA Program Services Branch, sent to the attention of the Director, deriving less than lifetime reference Waste Management Division. values, the report includes a review of Office of Water, 1200 Sixth Avenue [FR Doc. 03–12767 Filed 5–20–03; 8:45 am] current testing guideline protocols to OW–130, Seattle, Washington 98101. determine what data are collected that BILLING CODE 6560–50–P Comments may also be submitted can be used in setting these reference electronically to [email protected]. values. The Technical Panel has ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: provided specific recommendations for AGENCY Copies of the proposed general permit deriving reference values and the and Fact Sheet are available upon development of guidance in some cases [FRL–7501–6] request. Requests may be made to and more general conclusions and Audrey Washington at (206) 553–0523 recommendations in others. Case Proposed Reissuance of a General or to Cindi Godsey at (907) 271–6561. studies are included to illustrate the NPDES Permit for Facilities Related to Requests may also be electronically recommendations of the Technical Oil and Gas Extraction on the North mailed to: [email protected] Panel. Slope of the Brooks Range, AK (Permit or [email protected]. Number AKG–33–0000 Formerly AKG– Dated: May 15, 2003. The proposed general permit and Fact 31–0000) Sheet may also be found on the EPA Peter W. Preuss, AGENCY: Environmental Protection Region 10 Web site at www.epa.gov/ Director, National Center for Environmental r10earth/water.htm then click on Assessment. Agency (EPA). NPDES permits under Programs and ACTION: Notice of proposed reissuance of [FR Doc. 03–12762 Filed 5–20–03; 8:45 am] draft permits under EPA Region 10 a general permit. BILLING CODE 6560–50–P Information. SUMMARY: On April 10, 2002, the general SUPPLEMENTARY INFORMATION: Executive ENVIRONMENTAL PROTECTION permit regulating activities related to Order 12866: The Office of Management AGENCY the extraction of oil and gas on the and Budget has exempted this action North Slope of the Brooks Range in the from the review requirements of [FRL–7501–3] state of Alaska expired. This proposed Executive Order 12866 pursuant to Southern Solvents Superfund Site; reissuance of a general permit is section 6 of that order. Notice of Proposed Settlement intended to regulate activities related to Regulatory Flexibility Act: After the extraction of oil and gas on the review of the facts presented in the AGENCY: Environmental Protection North Slope of the Brooks Range in the notice printed above, I hereby certify Agency (EPA). state of Alaska. The proposed general pursuant to the provision of 5 U.S.C. ACTION: Notice of proposed settlement. permit would cover the same discharges 605(b) that this proposed general as the previous general permit: domestic NPDES permit will not have a SUMMARY: The United States wastewater discharges, gravel pit significant impact on a substantial Environmental Protection Agency is dewatering, construction dewatering, number of small entities. Moreover, the proposing to enter into an and hydrostatic test water. The permit reduces a significant Administrative Order on Consent proposed reissuance also includes two administrative burden on regulated pursuant to section 122(h)(1) of the new outfall designations for the sources.

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Dated: May 12, 2003. and turns it into a rate discussion Synopsis: The proposed agreement Randall F. Smith, agreement. It also republishes the would allow the parties to discuss and Director, Office of Water, Region 10. agreement in a fourth edition. agree on rates, charges, rules, [FR Doc. 03–12764 Filed 5–20–03; 8:45 am] Agreement No.: 011794–002. regulations, procedures, practices, terms BILLING CODE 6560–50–P Title: COSCON/KL/YMUK/Hanjin/ and other conditions of service Senator Worldwide Slot Allocation & pertaining to the transport, handling, Sailing Agreement. receipt, or delivery of cargo by marine FEDERAL MARITIME COMMISSION Parties: COSCO Container Lines terminal operators. Company, Limited, Kawasaki Kisen Dated: May 16, 2003. Notice of Agreement(s) Filed Kaisha, Ltd., Yangming (UK) Ltd., By Order of the Federal Maritime Hanjin Shipping Co., Ltd., Senator Lines Commission. The Commission hereby gives notice GmbH. of the filing of the following Synopsis: The proposed agreement Bryant L. VanBrakle, agreement(s) under the Shipping Act of modification would restate the current Secretary. 1984. Interested parties can review or vessel/TEU deployments by the parties, [FR Doc. 03–12750 Filed 5–20–03; 8:45 am] obtain copies of agreements at the allow Senator Lines certain flexibility to BILLING CODE 6730–01–P Washington, DC offices of the adjust its vessel/TEU deployment Commission, 800 North Capitol Street, without amendment of the agreement, NW., Room 940. Interested parties may change the arbitration clause to indicate FEDERAL MARITIME COMMISSION submit comments on an agreement to that arbitration will occur in London Ocean Transportation Intermediary under English law, and confirm that the Secretary, Federal Maritime License Applicants Commission, Washington, DC 20573, Senator Lines is not a VOCC. within 10 days of the date this notice Agreement No.: 011854. Notice is hereby given that the appears in the Federal Register. Title: GreenSea Inc. Joint Service following applicants have filed with the Agreement No.: 011623–002. Agreement. Federal Maritime Commission an Title: APL/MOL/HMM Asia-U.S. Parties: Green Chartering AS, application for license as a Non-Vessel Atlantic Coast Space Sharing Seatrade Group N.V. Operating Common Carrier and Ocean Agreement. Synopsis: The agreement establishes a Freight Forwarder—Ocean Parties: American President Lines, joint service between the parties in the Transportation Intermediary pursuant to Ltd., APL Co. Pte Ltd., Hyundai trade from ports on the Atlantic and section 19 of the Shipping Act of 1984 Merchant Marine Co. Ltd., Mitsui O.S.K. Gulf Coasts of the United States to ports as amended (46 U.S.C. app. 1718 and 46 Lines, Ltd. in Continental Europe, to be operated by CFR part 515). Synopsis: The agreement is amended a corporate entity known as GreenSea, Persons knowing of any reason why to increase the number of vessels Inc. It will be owned equally by the the following applicants should not deployed and their capacity, rearrange parties. receive a license are requested to certain of the vessel loops, adjust the Agreement No.: 011855. contact the Office of Transportation space allocation among the parties and Title: CCNI/Maruba Slot Charter Intermediaries, Federal Maritime provide for certain operational actions. Agreement for Central America and Commission, Washington, DC 20573. Caribbe Service. Non-Vessel Operating Common Agreement No.: 011637–008. Parties: Compan˜ ia Chilena de Carrier Ocean Transportation Title: Ampac Cooperative Working Navegacioń Interoceańica, Maruba Intermediary Applicants: Agreement. S.C.A. Parties: TMM Lines Limited, LLC, Uraycar Transport Services, Inc., 87 Synopsis: The agreement authorizes Madison Avenue, Irvington, NJ 07111, Hamburg-Suu¨ damerikanische the parties to charter slots to each other Dampfschifffahrts-gesellschaft KG d/b/a Officers: Elhu M. Nisbett, President in the trade between Port Everglades (Qualifying Individual), Louis W. Columbus Line, Maruba S.C.A., and ports in Puerto Rico, on the one Compania Chilena de Navegacioń Nisbett, Vice President hand, and ports in Costa Rica, Cargo Exprress International Shipping, Interoceańica, S.A. Guatemala, Dominican Republic and the Inc., 3010 Eastchester Road, Bronx, Synopsis: The proposed agreement Caribbean Coast of Colombia, on the NY 10469, Officer: Erol Lewis, modification corrects the address of other hand. Initial operations will President (Qualifying Individual) Columbus Line, deletes Japan from the involve two CCNI vessels of 300–TEU Global Ocean Freight, Inc., 4634 N. geographic scope, revises Article 5(a) to capacity offering weekly service. University Drive, Lauderhill, FL reflect changes in the service operated Maruba will be allocated up to 60 TEUs 33351–5733, Officers: Eti Cohen, Vice under the agreement, revises Article per voyage. The parties request President (Qualifying Individual), 5(b)(1) to reflect changes in the expedited review. Arik Y. Cohen, President chartering of slots under the agreement, Agreement No.: 201143. Hye Mi Express U.S.A., Inc., 3545 revises Article 7 to eliminate the Title: West Coast MTO Discussion McCall Place, Suite A, Officers: Yong restriction on when a party may provide Agreement. J. Kim, Managing Director (Qualifying notice of resignation, and republishes Parties: California United Terminals, Individual), Seung Ku Cho, President the agreement in a third edition. Inc., Husky Terminals, Inc., Quality One International Shipping Inc., Agreement No.: 011692–003. International Transportation Service, 3817 Dyre Avenue, Bronx, NY 10466, Title: Indamex Agreement. Inc., Long Beach Container Terminal, Officer: Howard Leslie, President, Parties: Contship Containerlines, a Inc., Marine Terminals Corp., (Qualifying Individual) division of CP Ships (UK) Limited, CMA Metropolitan Stevedore Company, AAA Cargo LLC dba AAA Cargo Express CGM, S.A., The Shipping Corporation of Pasha Stevedoring & Terminals, L.P., LLC, 14536 Roscoe Blvd., Suite #101, India Ltd. SSA Marine, Trans Bay Container Panorama City, CA 91402, Officers: Synopsis: The proposed agreement Terminal, Inc., Trans Pacific Container Jake J. Son, President (Qualifying modification deletes all conference- Service Corporation, Yusen Terminals, Individual), Belen Mercano, Vice related provisions from the agreement Inc. President/Treasurer

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Non-Vessel Operating Common B. Purpose D. Availability of Funds Carrier and Ocean Freight Forwarder Approximately $250,000 is available Transportation Intermediary Applicants: The Centers for Disease Control and Prevention (CDC) announces the in FY 2003 to fund one award. It is Caribbean Freight Forwarders, 4715 NW availability of fiscal year (FY) 2003 expected that the award will begin on or 72 Avenue, Miami, FL 33166, funds for a cooperative agreement about September 1, 2003, and will be Officers: William Abbadie, President program to enhance clinical practices to made for a 12-month budget period (Qualifying Individual), Maricel prevent birth defects and developmental within a project period of up to five Abbadie, Vice President, Ofer Prori, disabilities and to promote health years. Funding estimates may change. CEO among women with disabilities. This Continuation awards within an All International Solutions Inc. dba All program addresses the ‘‘Healthy People approved project period will be made on the basis of satisfactory progress as International Solutions, 8622 Bellanca 2010’’ focus areas of Maternal, Infant evidenced by required reports and the Avenue, Suite G, Los Angeles, CA and Child Health and Disability and availability of funds. 90045, Officer: Alexis F. Robin, CEO Secondary Conditions. (Qualifing Individual) The purpose of this program is to Recipient Financial Participation Ocean Freight Forwarder—Ocean prevent birth defects and developmental Matching funds are not required for Transportation Intermediary Applicants: disabilities and to improve access to this program. Senator International Freight preventive and health promotion Forwarding LLC, 5148 Kennedy Road, obstetric/gynecologic services to women E. Program Requirements Suite 700, Forest Park, GA 30297, with disabilities through: (1) In conducting activities to achieve the Officers: Lorne Neal, C.O.O. Understanding the current knowledge, purpose of this program, the recipient (Qualifying Individual), Uwe skills, attitudes and practices among will be responsible for the activities Kirschbaum, President obstetricians/gynecologists and their under 1. (Recipient Activities), and CDC AG International, 3300 West McGraw clients related to the prevention of birth will be responsible for the activities Street, #225, Seattle, WA 98199, defects/developmental disabilities and listed under 2. (CDC Activities). George Aoyama, Sole Proprietor to provision of services to women with 1. Recipient Activities Airmar Global International, 5126 S. disabilities; (2) Identifying the State Road 7, Ft. Lauderdale, FL information and training needs of a. Collect information from 33314, Officers: Germaine obstetricians/gynecologists in these obstetricians/gynecologists regarding Indacochea, Vice President areas; (3) Developing information, their knowledge and application of (Qualifying Individual), Andres communication, education, and training interventions that have been proven to Indacochea, President programs to meet those needs; and, (4) prevent birth defects/developmental Independent Brokerage, LLC, 800 Providing targeted training, education, disabilities, particularly before Atlanta South Parkway, Suite 100, and information to obstetricians/ conception, such as the use of folic acid Atlanta, GA 30349, Officers: Robin T. gynecologists for more effective to prevent neural tube defects, Craig, Vice President (Qualifying practice. abstinence from alcohol during pregnancy to prevent fetal alcohol Individual), Melody Kersey, President Measurable outcomes of the program syndrome, and the need for newborn will be in alignment with one or more Dated: May 16, 2003. screening. Bryant L. VanBrakle, of the following performance goals for b. Collect information about women’s Secretary. the National Center on Birth Defects and knowledge and use of interventions that [FR Doc. 03–12749 Filed 5–20–03; 8:45 am] Developmental Disabilities: Prevent prevent birth defects and developmental birth defects and developmental BILLING CODE 6730–01–P disabilities; in particular the use of folic disabilities and improve the health and acid by women whose infants were born quality of life of American’s with with and died, of neural tube defects. disabilities. DEPARTMENT OF HEALTH AND c. Collect information about HUMAN SERVICES Research involving human obstetricians/gynecologists’ ability to participants will not be supported under provide services to women with Centers for Disease Control and this cooperative agreement. disabilities; in particular: their training Prevention C. Eligible Applicants in providing services to women with disabilities; access of their facilities to [Program Announcement 03103] Assistance will be provided only to women in wheelchairs; appropriateness Cooperative Agreement To Enhance applicants that are well established of the instruments/machines/technology Clinical Practices To Prevent Birth national, non-profit organizations who in their offices for providing services to Defects and Developmental Disabilities are: (1) Involved in providing health women with disabilities (exam tables, and To Promote Health Among Women care services for women; (2) who are mammogram machines, etc). With Disabilities; Notice of Availability able to reach out to and work with, d. Analyze data, organize and of Funds obstetricians/gynecologists to collect disseminate information collected from information AND to disseminate obstetricians/gynecologists and their Application Deadline: June 20, 2003. information to obstetricians/ clients. gynecologists and their clients; and, (3) e. Use information to design and A. Authority and Catalog of Federal implement communication, education Domestic Assistance Number who are able to provide them with proper education and training. and training activities that will promote This program is authorized under professional development for Note: Title 2 of the United States Code section 301, 311, and 317C of the Public Section 1611 states that an organization obstetricians/gynecologists in birth Health Service Act, [42 U.S.C. 241, 243, described in Section 501(c)(4) of the Internal defects and developmental disabilities and 247b–4], as amended. The Catalog Revenue Code that engages in lobbying and improve provider health care of Federal Domestic Assistance number activities is not eligible to receive Federal practices and prevention of birth is 93.184. funds constituting an award, grant or loan. defects.

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f. Evaluate the effectiveness of these F. Content Information’’ section on this programs in enhancing the ability of announcement. Letter of Intent (LOI) obstetricians/gynecologists in providing Application Forms effective prevention/health promotion A LOI is requested for this program. services. The Program Announcement title and Submit the original and two copies of g. Collaborate with organizations such number must appear in the LOI. The PHS–5161 (OMB Number 0937–0189) as the American Academy of Pediatrics, narrative should be no more than 2 Forms are available at the following American College of Obstetricians and pages, double-spaced, printed on one Internet address: http://www.cdc.gov/ Gynecologists, March of Dimes, side, with one-inch margins, and od/pgo/forminfo.htm. If you do not have American College of Nurse Midwives unreduced 12-point font. Your letter of access to the internet, or if you have and others that could provide intent will be used to enable CDC to difficulty accessing the forms on-line, professional development activities and determine the level of interest in the you may contact the CDC Procurement assist in the dissemination of announcement and plan the review and Grants Office Technical Information information on birth defects and health more efficiently. Management Section at telephone promotion for women with disabilities. number (770) 488–2700. Application Applications forms can be mailed to you. h. Convene selected panels of experts to assist in identifying the knowledge The Program Announcement title and Submission Date, Time, and Address and practices in the areas related to number must appear in the application. Use the information in the Program The application must be received by birth defects and developmental 4 p.m. Eastern Time on June 20, 2003. disabilities, and to provide expert Requirements, Other Requirements, and Evaluation Criteria sections to develop Submit the application to: Technical opinions and advice on needed research Information Management Section—PA services and education. the application content. The application will be evaluated on the criteria listed, #, CDC Procurement and Grants Office, i. Disseminate information on so it is important to follow them in 2920 Brandywine Road, Atlanta, GA prevention of birth defects, completing the description of the 30341–4146. developmental disabilities and health program plan. The application narrative Applications may not be submitted promotion for women with disabilities. should be no more than 25 double- electronically. j. Develop and utilize collaborative spaced pages, printed on one side, with CDC Acknowledgement of Application relationships with State and local one-inch margins, and unreduced font. Receipt medical societies and health care Applicants should include a Table of A postcard will be mailed by PGO– professionals, in order to enhance Contents (not to exceed one page) to health care providers’ understanding of TIM, notifying you that CDC has provide a guide for locating key topics. received your application. the information and resources available 1. Understanding of the Project. in the areas relating to birth defects Briefly identify and describe the target Deadline prevention and health promotion among audience of the project. women with disabilities. Letters of intent and applications 2. Objectives. Establish long-range shall be considered as meeting the k. Identify research topics that (five year) and short-term (one year) deadline if they are received before 4 address prevention effectiveness and objectives for programmatic plans. p.m. Eastern Time on the deadline date. development of best practices. Objectives should be specific, Any applicant who sends their 2. CDC Activities measurable, time-phased and realistic. application by the United States Postal 3. Operational Plan. Describe the Service or commercial delivery services a. Participate in the panel of experts operation plan for achieving the must ensure that the carrier will be able meeting and assist in the identification objectives. Describe each component or to guarantee delivery of the application of knowledge and practices in the areas major activity and how it will be carried by the closing date and time. If an related to birth defects and out. application is received after closing due developmental disabilities, and 4. Evaluation Plan. Discuss the plan to (1) carrier error, when the carrier disability and health. for monitoring progress toward each of accepted the package with a guarantee b. Assist in developing and evaluating the objectives. for delivery by the closing date and projects in health and disability 5. Program Management. Give the time, or (2) significant weather delays or services. name and qualifications of the natural disasters, CDC will upon receipt c. Assist in providing data for professional personnel who will manage of proper documentation, consider the targeting or evaluation of various this project. application as having been received by initiatives carried out through this 6. Collaborate with State/Local Health the deadline. project. Departments. Describe plans for Any application that does not meet d. Participate in materials coordination with state or local health the above criteria will not be eligible for development and evaluation to support departments. competition, and will be discarded. The interventions. 7. Budget. Submit a detailed and line applicant will be notified of their failure e. Assist in the development of item justification that is consistent with to meet the submission requirements. forums and critical issues related to the project purpose and proposed H. Evaluation Criteria health and disability services. activities. f. Participate in the development of G. Submission and Deadline Application health care provider training programs. Applicants are required to provide g. Participate in planning meetings Letter of Intent (LOI) Submission measures of effectiveness that will that identify gaps in services and On or before June 2, 2003, submit the demonstrate the accomplishment of the research topics on prevention LOI to the Program Officer, at the various identified objectives of the effectiveness. address designated for programmatic cooperative agreement. Measures of h. Serve as a resource for sharing technical assistance identified in the effectiveness must relate to the regional and/or national pertinent data. ‘‘Where to Obtain Additional performance goals stated in the purpose

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section of this announcement. Measures ‘‘Where to Obtain Additional DEPARTMENT OF HEALTH AND must be objective and quantitative and Information’’ section of this HUMAN SERVICES must measure the intended outcome. announcement. The measures of effectiveness must be Centers for Disease Control and submitted with the application and will Additional Requirements Prevention be an element of evaluation. The following additional An independent review group requirements are applicable to this [Program Announcement 03070] appointed by CDC will evaluate each program. For a complete description of application against the following Surveillance and Epidemiologic criteria: each, see Attachment I of the Research of Duchenne and Becker 1. The adequacy of the operational announcement, as posted on the CDC Muscular Dystrophy; Notice of plans for carrying out the various web site. Availability of Funds initiatives involved in the project. (30 AR–09 Paperwork Reduction Act Application Deadline: July 21, 2003. points) AR–10 Smoke-Free Workplace 2. The extent to which professional Requirements A. Authority and Catalog of Federal personnel proposed to be involved in Domestic Assistance Number this project are qualified, including AR–11 Healthy People 2010 This program is authorized under evidence of past achievements AR–12 Lobbying Restrictions Sections 301, 311 and 317C of the appropriate to this project (20 points) AR–14 Accounting System 3. The degree to which the proposed Public Health Service Act [42 U.S.C. Requirements objectives are clearly stated, realistic, 241, 243, and 247b–4 as amended]. The time-phased, and related to the purpose AR–15 Proof of Non-Profit Status Catalog of Federal Domestic Assistance number is 93.184. of the project. (15 points) Executive Order 12372 does not 4. The quality and feasibility of the apply. B. Purpose evaluation plan for the various initiatives involved in the project. (15 J. Where to Obtain Additional The Centers for Disease Control and points) Information Prevention (CDC) announces the 5. The extent to which the applicant availability of fiscal year (FY) 2003 understands the requirements, This and other CDC announcements funds for a cooperative agreement problems, objectives and complexities can be found on the CDC home page program on surveillance and of the project. (10 points) Internet address—http://www.cdc.gov. epidemiologic research of Duchenne 6. The extent to which the applicant Click on ‘‘Funding’’ then ‘‘Grants and and Becker Muscular Dystrophy proposes potentially effective Cooperative Agreements.’’ (DBMD). This Program addresses the coordination with state/local health ‘‘Healthy People 2010’’ focus areas for For general questions about this Disability and Secondary Conditions. departments. (10 points) announcement, contact: Technical 7. Budget and its description. The The purpose of the program is to Information Management, CDC support (1) the development and/or applicant must provide justification for Procurement and Grants Office, 2920 budget expenditures as well as expansion of active case ascertainment Brandywine Road, Atlanta, GA 30341– appropriateness of activities proposed surveillance systems to characterize the 4146, Telephone: 770–488–2700. in their application. (Not scored) epidemiology of DBMD and it’s For business management technical complications; and (2) the participation I. Other Requirements assistance, contact: Sheryl Heard, Grants of the state DBMD surveillance system Technical Reporting Requirements Management Specialist, Acquisition and in the Collaborative DBMD Project. Long-term population-based follow-up Provide CDC with original plus two Assistance Branch B., Procurement and Grants Office, Centers for Disease research activities will be planned to copies of describe history of treated and/or 1. Interim progress report, which will Control and Prevention, 2920 untreated cases, and to determine be due on April 22nd of each budget Brandywine Road, Room 3000, Atlanta, factors that affect outcome of the year. The progress report will serve as GA 30341–4146. Telephone number: condition among three populations: (a) your non-competing continuation 770–488–2723. Email: [email protected]. Those who access care at specialty application, and must contain the For program technical assistance, clinics (e.g., Muscular Dystrophy following elements: contact: Hani Atrash, Associate Director a. Current Budget Period Activities Association (MDA) or other muscular for Program Development, National dystrophy clinics), (b) those who receive Objectives; Center on Birth Defects and b. Current Budget Period Financial their care elsewhere, and (c) those who Developmental Disabilities, 4770 Buford Progress; are not receiving care or are c. New Budget Period Program Highway, Atlanta, Georgia 30341, undiagnosed. See Attachment I for Proposed Activity and Objectives; Telephone number: 770–488–4943, Background and Definitions. All d. Detailed Line-Item Budget and Email: [email protected]. attachments referenced in this Justification; and Dated: May 15, 2003. announcement are posted with the announcement on the CDC Web site. e. Additional Requested Information. Sandra R. Manning, 2. Financial status report, due no Measurable outcomes of this program more than 90 days after the end of the Director, Procurement and Grants Office, will be in alignment with the following budget period (December 30th of each Centers for Disease Control and Prevention. performance goal for the National budget year); and [FR Doc. 03–12709 Filed 5–20–03; 8:45 am] Center for Birth Defects and 3. Final financial and performance BILLING CODE 4163–18–P Developmental Disabilities (NCBDDD): reports, no more than 90 days after the to find causes and risk factors for birth end of the project period. defects and developmental disabilities Send all reports to the Grants in order to develop prevention Management Specialist identified in the strategies.

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C. Eligible Applicants Funding Preference e. Describe the source, frequency, and Relative to and consistent with the type of preventive and medical care Assistance will be provided only to among persons with DBMD among three the health departments of States or their technical merit of the application, funding preference will be given to populations: (a) Those who access care bona fide agents including the District at specialty clinics (e.g., MDA or other of Columbia, the Commonwealth of applicants who complement the existing funded programs by balancing the muscular dystrophy clinics), (b) those Puerto Rico, the Virgin Islands, the who receive their care elsewhere, and Commonwealth of the Northern Mariana geographic and racial/ethnic diversity of the multi-state collaborative effort. (c) those who are not receiving care or Islands, American Samoa, Guam, the are undiagnosed. Federated States of Micronesia, the E. Program Requirements f. Determine the prevalence of related Republic of the Marshall Islands, the In conducting activities to achieve the complications. Republic of Palau, and federally g. Conduct population-based long- recognized Indian tribal governments. purpose of this program, the recipient will be responsible for the activities term follow-up of persons with DBMD Recipients funded under CDC under 1. Recipient Activities. CDC will to relate health outcomes to the source, Program Announcement 02172, be responsible for the activities listed frequency, and type of preventive and (Surveillance and Epidemiologic under 2. CDC Activities. therapeutic care. Research of Duchenne and Becker 1. Recipient Activities: h. Obtain buccal samples or other Muscular Dystrophy and Other Single a. Develop, implement and evaluate biologics, as agreed-upon by awardees, Gene Disorders) currently involved in methods and approaches which will from children with DBMD and other type 1 projects are not eligible. See improve or expand the capacity of the family members. Attachment II for a list of the States applicant’s existing surveillance system i. Evaluate and disseminate the currently funded. to ascertain cases and generate timely findings. To be eligible, applicants must population-based data of DBMD and its 2. CDC Activities: document a study population of at least complications. Make any necessary a. Provide technical assistance in 30,000 live births per year within a modifications to the surveillance system designing, developing, and evaluating State, a contiguous area of a State (such to comply with the Collaborative DBMD methodologies and approaches used for as the catchment of a local health Project case definitions. The population-based surveillance of genetic agency), or an area comprising a Collaborative DBMD Project case conditions. combination of States, based on U.S. definitions and other information b. Provide technical assistance in the Census Data. In addition, a copy of the developed by the current grantees may collection, management, and analysis of state Legislation that allows the be obtained from the programmatic surveillance data related to genetic authority for state Health Departments technical assistance point-of-contact in conditions. to collect information on birth defects, the ‘‘Where to Obtain Additional c. Provide technical assistance in the genetic diseases or related conditions Information’’ section. development and planning of the study needs to be included. b. Establish or enhance collaborative protocol. Provide final approval for the This information should be placed relationships with appropriate study protocol. directly behind the face page of the stakeholders, i.e., specialty treatment d. Provide technical assistance in the application. Applications that fail to centers (e.g., MDA clinics, other analysis and reporting of aggregate submit the evidence requested above muscular dystrophy clinics), state or surveillance data collected from funded will be considered non-responsive and regional chapters or associations related initiatives; coordinate and consolidate returned without review. to genetic conditions, hospitals, the transfer of tabulated data, analyses, and conclusions among recipients. Note: Title 2 of the United States Code, emergency care centers, private physicians, managed care organizations, e. Provide technical assistance to Section 1611 states that an organization national, state, or regional programs in described in section 501(c)(4) of the Internal clinical and diagnostic laboratories that Revenue Code that engages in lobbying provide diagnosis of genetic conditions the use of data to develop or improve activities is not eligible to receive Federal (e.g., creatine kinase measurements, care programs for genetic conditions. funds constituting an award, grant, or loan. muscle biopsy analysis, genetic f. Provide technical assistance to analysis, etc.), and others. recipients in developing a plan for the D. Funding c. Collaborate with other funded collection, storage and access of biologic samples. Availability of Funds recipients to design and develop one common protocol for all recipients to g. Provide technical assistance to Approximately $1,000,000 is available implement and evaluate as described in recipients in the evaluation and in FY 2003 to fund up to two awards. Attachment III. The Collaborative dissemination of the findings. It is expected that up to two awards will DBMD Project current draft protocol and F. Content be made, ranging from $400,000 to other information developed by the $500,000. It is expected that the award current grantees may be obtained from Letter of Intent (LOI) will begin on or about September 1, the programmatic technical assistance A LOI is requested for this program. 2003, and will be made for a 12-month point-of-contact in the ‘‘Where to Obtain The Program Announcement title and budget period within a two-year project Additional Information’’ section. number must appear in the LOI. The period. Funding estimates may change. d. Implement active case narrative should be no more than two, Continuation awards within the ascertainment of DBMD among double-spaced pages, printed on one project period will be made on the basis reporting sources to determine the side, with one inch margins and 12 of satisfactory programmatic progress prevalence of the genetic condition(s) in point font. The LOI will not be used to and the availability of funds. the defined geographic area, including a eliminate potential applicants, but it Recipient Financial Participation complete count of all prevalent cases, will enable CDC to determine the level including ages birth to 21 years, and of interest in this announcement, and Matching funds are not required for supplemented in later years by newly plan the review more efficiently. The this program. diagnosed cases. LOI should include the following

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information: Program announcement Assistance contact, at the address various identified objectives of the number; applicant’s name and address; designated for programmatic technical cooperative agreement. Measures of project director’s name, phone number, assistance identified in the ‘‘Where to effectiveness must relate to the and e-mail address; a brief description Obtain Additional Information’’ section performance goals as stated in section of the number of births in the defined of this announcement. ‘‘B. Purpose’’ of this announcement. geographic region and a brief Measures must be objective/quantitative Application Forms description of the planned cooperative and must measure the intended agreement activities. Submit the signed original and two outcome. These measures of copies of PHS–5161 (OMB Number effectiveness shall be submitted with Applications 0920–0428) Forms are available at the the application and shall be an element The Program Announcement title and following Internet address: http:// of evaluation. number must appear in the application. www.cdc.gov/od/pgo/forminfo.htm. If Each application will be evaluated Use the information in the Program you do not have access to the internet, and scored individually by an objective Requirements, Other Requirements, and or if you have difficulty accessing the review panel. Evaluations and scoring Evaluation Criteria sections to develop forms on-line, you may contact the CDC will be conducted according to the the application content. Your Procurement and Grants Office following criteria: application will be evaluated on the Technical Information Management 1. Methods and Activities (30 points): criteria listed, so it is important to Section (PGO–TIM) at telephone a. The quality of the applicant’s plan follow them in laying out your program number (770) 488–2700. Application for conducting program activities and plan. The program plan should include forms can be mailed to you. the extent to which surveillance activities to be conducted over the methods proposed are: (1) Appropriate Submission Date, Time, and Address entire two year project period. The to accomplish stated goals and application’s narrative (excluding The application must be received by objectives; (2) adaptable to a variety of budget narrative and any appendices) 4 p.m. Eastern Time on July 21, 2003. health care settings, and to the should be no more than 40 double- Submit the application to: Technical collection of longitudinal data; (3) spaced pages, printed on one side, with Information Management—PA #03070, accurate to produce valid and reliable one inch margins, and no smaller than Procurement and Grants Office, Centers data, and (4) feasible within 12-point font. Number each page for Disease Control and Prevention, programmatic and fiscal restrictions. consecutively and provide a complete 2920 Brandywine Rd., Atlanta, GA b. The applicant’s willingness to table of contents. 30341–4146. cooperate with CDC and other funded The application should contain the Applications may not be submitted applicants to (1) identify optimal following: electronically. surveillance methods, (2) develop 1. Executive Summary (one-page, may standardized surveillance protocols, CDC Acknowledgment of Application be single spaced): data collection instruments, interview Receipt This section should briefly questionnaires, progress report forms, summarize: A postcard will be mailed by PGO– and database software, and (3) modify a. amount of federal assistance TIM, notifying you that CDC has proposed methods and activities to requested received your application. conform to standardized protocols. b. existing capacity Deadline 2. Capacity (20 points): c. key objectives and activities The extent to which the applicant can 2. Proposal Narrative Letters of intent and applications will access the state or regional community a. introduction, statement of need, be considered as meeting the deadline if with genetic conditions that is receiving proposed goals and objectives they are received before 4 p.m. Eastern care within and outside of the specialty b. existing program and capacity Time on the deadline date. Applicants clinics (e.g., MDA and other muscular c. proposed methods and activities sending applications by the United dystrophy clinics), as measured by (1) d. project management and project States Postal Service or commercial the extent that this proposal staff delivery services must ensure that the incorporates shared responsibility e. proposed methods to evaluate the carrier will be able to guarantee delivery between specialty clinics and state or attainment of objectives of the application by the closing date local health departments as delineated 3. Budget and Budget Justification— and time. If an application is received in letters of agreement, and (2) the Provide a detailed budget which after closing due to: (1) Carrier error extent of collaboration obtained from indicates the anticipated costs. (when the carrier accepted the package these entities with other organizations Please provide a copy of the with a guarantee for delivery by the involved in the delivery of care and/or appropriate indirect rate agreement closing date and time) or (2) significant services to persons with genetic letter or cost allocation plan. weather delays or natural disasters, CDC 4. Human Subjects conditions. will upon receipt of proper 5. Appendices, which may include 3. Goals and objectives (20 points): documentation, consider the application The extent to which the project goals letters of commitment from key as having been received by the deadline. and objectives are relevant, specific, collaborators (including specialty Applications which do not meet the achievable, measurable, time-linked and clinics such as MDA clinics and above criteria will not be eligible for can be addressed through the proposed other muscular dystrophy clinics), competition and will be discarded. methods. resumes of key staff, brief summary Applicants will be notified of their 4. Management and Staffing (20 reports of analyses of surveillance failure to meet the submission points): data for other genetic conditions. requirements. a. The extent to which the scientific G. Submission and Deadline resources for project planning and data H. Evaluation Criteria management/analysis are demonstrated LOI Submission Applicants are required to provide within the applicant’s organization or On or before June 20, 2003, submit the measures of effectiveness that will through collaboration with universities LOI to the Program Technical demonstrate the accomplishment of the or other agencies.

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b. The extent to which proposed AR–7 Executive Order 12372 Review Times and dates: 7:30 p.m.–7:45 p.m., June staffing, staff qualifications and AR–9 Paperwork Reduction Act 11, 2003. (Open). 7:45 p.m.–9:30 p.m., June experience, and project organization Requirements 11, 2003. (Closed). 8 a.m.–6:30 p.m., June 12, indicates ability to accomplish the AR–10 Smoke-Free Workplace 2003. (Closed). Requirements Place: The Francis Marion Hotel, 387 King active case findings and other objectives Street, Charleston, SC 29403, Telephone 843– of the program. AR–11 Healthy People 2010 AR–12 Lobbying Restrictions 722–0600. 5. Evaluation (10 points): Status: Portions of the meeting will be The degree to which the applicant J. Where to Obtain Additional closed to the public in accordance with includes plans to evaluate the Information provisions set forth in section 552b(c) (4) and attainment of proposed objectives and to (6), Title 5 U.S.C., and the Determination of This and other CDC announcements, evaluate the quality of the data the Director, Management Analysis and the necessary applications, and collected. Services Office, CDC, pursuant to Public Law associated forms can be found on the 92–463. 6. Human Subjects (not scored): CDC home page Internet address: Does the application adequately Matters to be Discussed: The meeting will http://www.cdc.gov. Click on ‘‘Funding’’ include the review, discussion, and address the requirements of Title 45 then ‘‘Grants and Cooperative evaluation of applications received in CFR part 46 for the protection of human Agreements.’’ response to Program Announcement #02073. subjects? (Not scored; however, an For general questions about this For Further Information Contact: Richard application can be disapproved if the announcement, contact: Technical W. Sattin, M.D., F.A.C.P., Associate Director research risks are sufficiently serious Information Management, CDC for Science, Associate Director for Division of Injury and Disability Outcomes and and protection against risks are so Procurement and Grants Office, 2920 inadequate as to make the entire Programs, National Center for Injury Brandywine Road, Atlanta, GA 30341– Prevention and Control, CDC, 4770 Buford application unacceptable.) 4146, Telephone: 770–488–2700. 7. Budget (not scored): Highway, NE, MS–K02, Chamblee, GA For business management and budget 30341, Telephone 770–488–4031. The budget will be evaluated for the assistance, contact: Sheryl L. Heard, The Director, Management Analysis extent to which it is reasonable, clearly Grants Management Specialist, and Services Office, has been delegated justified, and consistent with the Procurement and Grants Office, Centers the authority to sign Federal Register intended use of the cooperative for Disease Control and Prevention, notices pertaining to announcements of agreement funds. Announcement 03070, 2920 meetings and other committee I. Other Requirements Brandywine Road, Atlanta, GA 30341– management activities, for both CDC 4146, Telephone: (770) 488–2723, Email and the Agency for Toxic Substances Technical Reporting Requirements address: [email protected]. and Disease Registry. For program technical assistance Provide CDC with original plus two Dated: May 14, 2003. copies of: contact: Aileen Kenneson, National Alvin Hall, 1. Interim progress report, no less Center on Birth Defects and than 90 days before the end of the Developmental Disabilities, Centers for Director, Management Analysis and Services Disease Control and Prevention, 1600 Office, Centers for Disease Control and budget period. The interim progress Prevention. report will serve as your non-competing Clifton Road, MailStop F–35, Atlanta, [FR Doc. 03–12706 Filed 5–20–03; 8:45 am] continuation application and must GA 30333, Telephone: (404) 498–3039, include the following elements: Email address: [email protected]. BILLING CODE 4163–18–P a. Current Budget Period Activities Dated: May 14, 2003. Objectives. Sandra R. Manning, DEPARTMENT OF HEALTH AND b. Current Budget Period Financial Director, Procurement and Grants Office, HUMAN SERVICES Progress. Centers for Disease Control and Prevention. c. New Budget Period Proposed [FR Doc. 03–12708 Filed 5–20–03; 8:45 am] Centers for Medicare & Medicaid Activity Objectives. BILLING CODE 4163–18–P Services d. Detailed Line-Item Budget and Justification. Notice of Hearing: Reconsideration of e. Additional Requested Information. DEPARTMENT OF HEALTH AND Disapproval of Michigan State Plan 2. Financial status report, no more HUMAN SERVICES Amendment (SPA) 02–021 than 90 days after the end of the budget period. Centers for Disease Control and AGENCY: Centers for Medicare & 3. Final financial and performance Prevention Medicaid Services (CMS), HHS. reports, no more than 90 days after the ACTION: Notice of hearing. Disease, Disability, and Injury end of the project period. Prevention and Control Special SUMMARY: This notice announces an Send all reports to the Grants Emphasis Panel: South Carolina administrative hearing on July 10, 2003, Management Specialist identified in the Traumatic Brain Injury Follow-Up at 10 a.m., at the Centers for Medicare ‘‘Where to Obtain Additional Study, Program Announcement #02073 & Medicaid Services (CMS), Chicago Information’’ section of this Regional Office, 233 North Michigan announcement. In accordance with section 10(a)(2) of Avenue; Suite R5–5 NW Minnesota; Additional Requirements the Federal Advisory Committee Act Chicago, Illinois 60601. (Pub. L. 92–463), the Centers for Disease The following additional Closing Date: Requests to participate Control and Prevention (CDC) in the hearing as a party must be filed requirements are applicable to this announces the following meeting: program. For a complete description of with the presiding officer by June 5, Name: Disease, Disability, and Injury 2003. each, see Attachment IV of the program Prevention and Control Special Emphasis announcement as posted on the CDC Panel (SEP): South Carolina Traumatic Brain FOR FURTHER INFORMATION CONTACT: web site. Injury Follow-Up Study, Program Kathleen Scully-Hayes, Presiding AR–1 Human Subjects Requirements Announcement #02073. Officer, CMS, 2520 Lord Baltimore

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Drive, Suite L, Baltimore, Maryland determined that the State had failed to State had not demonstrated that its proposed 21244–2670, Telephone: (410) 786– document that such prior authorization prior authorization program would be 2055. procedures would further the goals and consistent with simplicity of administration and the best interests of Medicaid recipients, SUPPLEMENTARY INFORMATION: This objectives of the Medicaid program and as required by section 1902(a)(19) of the notice announces an administrative thus be consistent with sections Social Security Act (the Act); and (2) the hearing to reconsider the decision to 1902(a)(19) and 1902(a)(30) of the Act. State had not demonstrated that its proposed disapprove Michigan SPA 02–021, Therefore, based on the reasoning prior authorization program would be which was submitted to the Centers for above, and after consultation with the consistent with efficiency, economy, or Secretary as required under 42 CFR quality of care, as required by section 1902 Medicare & Medicaid Services (CMS) on (a)(30)(A). In addition, Michigan contends December 23, 2002. This SPA was 430.15 (c)(2), CMS disapproved Michigan SPA 02–021. that CMS does not have the authority to disapproved on February 14, 2003. In review the State’s implementation of prior this amendment, Michigan proposes to Section 1116 of the Act and 42 CFR authorization requirements in the Medicaid allow the imposition of prior part 430 establish Departmental program, other than for consistency with authorization requirements in the procedures that provide an section 1927(d)(5) of the Act. Medicaid program on prescription drugs administrative hearing for As indicated in a letter to state Medicaid reconsideration of a disapproval of a directors dated September 18, 2002, CMS when the manufacturer of the drug does stated that it would review proposed state not offer rebates to two State-funded, state plan or plan amendment. The CMS is required to publish a copy of the plan amendments seeking to secure non-Medicaid programs. The State- prescription drug benefits, rebates, or funded programs are the Children’s notice to a state Medicaid agency that discounts for non-Medicaid populations for Special Health Care Services program informs the agency of the time and place consistency with the goals and objectives of (CSHCS) and the State Medical program of the hearing and the issues to be the Medicaid program. After review, CMS (SMP). considered. If we subsequently notify did not find that the evidence presented by At issue is whether CMS properly the agency of additional issues that will the State in support of this SPA demonstrated that its prior authorization concluded as a basis for disapproving be considered at the hearing, we will also publish that notice. program furthered Medicaid goals and the amendment that: (1) The State had objectives. The CMS concluded that not demonstrated that its proposed prior Any individual or group that wants to Michigan failed to show that a significant authorization program would be participate in the hearing as a party proportion of beneficiaries in either the consistent with simplicity of must petition the presiding officer CSHCS or SMP programs would meet the administration and the best interests of within 15 days after publication of this requirements needed to become eligible for Medicaid recipients, as required by notice, in accordance with the Medicaid if their pharmacy benefit was section 1902(a)(19) of the Social requirements contained at 42 CFR terminated. In light of the burden that prior authorization may impose on Medicaid Security Act (the Act); and (2) the State 430.76(b)(2). Any interested person or organization that wants to participate as beneficiaries and the absence of documented had not demonstrated that its proposed benefit to current or potential Medicaid prior authorization program would be amicus curiae must petition the eligibles, CMS determined that the State had consistent with efficiency, economy, or presiding officer before the hearing failed to document that such prior quality of care, as required by section begins, in accordance with the authorization procedures would further the 1902 (a)(30)(A) of the Act. In addition, requirements contained at 42 CFR goals and objectives of the Medicaid program Michigan contends that CMS does not 430.76(c). If the hearing is later and thus be consistent with sections 1902(a)(19) and 1902(a)(30) of the Act. have the authority to review the State’s rescheduled, the presiding officer will notify all participants. Therefore, based on the reasoning set forth implementation of prior authorization above, and after consultation with the requirements in the Medicaid program, The notice to Michigan announcing Secretary as required under 42 CFR other than for consistency with section an administrative hearing to reconsider 430.15(c)(2), CMS disapproved Michigan 1927(d)(5) of the Act. the disapproval of its SPA reads as SPA 02–021. As indicated in a letter to state follows: I am scheduling a hearing on your request Medicaid directors dated September 18, Janet Olszewski, for reconsideration to be held on July 10, 2003, at 10 a.m., Centers for Medicare & 2002, CMS stated that it would review Director, Michigan Department of Medicaid Services, Chicago Regional Office, Community Health, proposed state plan amendments 233 Michigan Avenue; Suite R5–5 NW Lewis Cass Building, seeking to secure prescription drug Minnesota; Chicago, Illinois 60601. 320 South Walnut Street—Sixth Floor benefits, rebates, or discounts for non- If this date is not acceptable, we would be Medicaid populations for consistency Lansing, Michigan 48913 glad to set another date that is mutually with the goals and objectives of the Dear Ms. Olszewski: agreeable to the parties. The hearing will be Medicaid program. After review, CMS I am responding to your request for governed by the procedures prescribed at 42 did not find the evidence presented by reconsideration of the decision to disapprove CFR, part 430. I am designating Ms. Kathleen Scully- the State in support of this SPA Michigan State Plan Amendment (SPA) 02– 021, which was submitted on December 23, Hayes as the presiding officer. If these demonstrated that its prior 2002. This SPA was disapproved on February arrangements present any problems, please authorization program furthered 14, 2003. In this amendment, Michigan contact the presiding officer. In order to Medicaid goals and objectives. The CMS proposes to allow the imposition of prior facilitate any communication which may be concluded that Michigan failed to show authorization requirements in the Medicaid necessary between the parties to the hearing, that a significant proportion of program on prescription drugs when the please notify the presiding officer to indicate beneficiaries in either the CSHCS or manufacturer of the drug does not offer acceptability of the hearing date that has SMP programs would meet the rebates to two State-funded, non-Medicaid been scheduled and provide names of the programs. The State-funded programs are the individuals who will represent the State at requirements needed to become eligible the hearing. for Medicaid if their pharmacy benefit Children’s Special Health Care Services program (CSHCS) and the State Medical The presiding officer may be reached at was terminated. In light of the burden program (SMP). (410) 786–2055. that prior authorization may impose on At issue is whether the Centers for Sincerely, Medicaid beneficiaries and the absence Medicare & Medicaid Services (CMS) Thomas A. Scully. of documented benefit to current or properly concluded as a basis for (Sect. 1116 of the Social Security Act (42 potential Medicaid eligibles, CMS disapproving the amendment that: (1) The U.S.C. section 1316); (42 CFR 430.18))

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(Catalog of Federal Domestic Assistance insufficient to document consistency Little Rock, Arkansas 72203–1437 Program No. 13.714, Medicaid Assistance with economy, efficiency, and quality of Dear Mr. Knickrehm: Program) care. Arkansas indicated that no other I am responding to your request for Dated: May 12, 2003. major payers in the State pay these reconsideration of the decision to disapprove Thomas A. Scully, Faculty Group Practices at these levels; Arkansas State Plan Amendment (SPA ) 02– 17, which was submitted to the Centers for Administrator, Centers for Medicare & indeed, Arkansas indicated that the five Medicare & Medicaid Services (CMS) on July Medicaid Services. largest private third-party payers pay less than half of these levels. Arkansas 29, 2002. This amendment proposes to [FR Doc. 03–12697 Filed 5–20–03; 8:45 am] provide supplemental payments to BILLING CODE 4120–01–P provided no documentation to show physicians and other allied health that the Faculty Group Practices have professionals who provide services through higher costs than other providers of the Faculty Group Practices associated with the DEPARTMENT OF HEALTH AND same type in the State. In the light of University of Arkansas School of Medicine. HUMAN SERVICES evidence, CMS found that the State had The supplemental payment would be equal not established that it was consistent to the difference between the existing fee Centers for Medicare & Medicaid with economy or efficiency for schedule rates and Faculty Group Practices’ Services Medicaid to pay twice the rate paid by charges. The CMS issued its initial other third-party insurers for the same determination disapproving Arkansas SPA 02–17 on March 6, 2003. Arkansas timely Notice of Hearing: Reconsideration of services. Moreover, the annualized Disapproval of Arkansas (SPA) 02–17 requested reconsideration by letter dated payment methodology proposed by the April 14, 2003. State Plan Amendment State is not a customary method for At issue is whether the State has AGENCY: Centers for Medicare & paying physicians and other allied demonstrated that this SPA is consistent with Medicaid Services (CMS), HHS. health professionals. The methodology the requirements of section 1902(a)(30)(A) of would make it difficult to track the Social Security Act. The CMS concluded ACTION: Notice of hearing. payments for specific services and that the information provided with this SPA was insufficient to document consistency SUMMARY: This notice announces an would complicate auditing processes. In the initial decision, CMS also cited the with economy, efficiency and quality of care. administrative hearing on June 25, 2003, Arkansas indicated that no other major at 10 a.m., at the Centers for Medicare complicated nature of this payment payers in the State pay these Faculty Group & Medicaid Services (CMS), Dallas scheme and difficulty in tracking and Practices at these levels; indeed, Arkansas Regional Office, 1301 Young Street, auditing payments for services as a indicated that the five largest private third- Room 1119; Dallas, Texas 75202. reason why the proposed payment party payers pay less than half of these Closing Date: Requests to participate methodology was not consistent with levels. Arkansas provided no documentation in the hearing as a party must be section 1902(a)(30)(A) of the Act. to show that the Faculty Group Practices received by the presiding officer by June Section 1116 of the Act and 42 CFR have higher costs than other providers of the part 430 establish Department same type in the State. In the light of 5, 2003. evidence,CMS found that the State had not FOR FURTHER INFORMATION CONTACT: procedures that provide an administrative hearing for established that it was consistent with Kathleen Scully-Hayes, Presiding economy or efficiency for Medicaid to pay Officer CMS, 2520 Lord Baltimore reconsideration of a disapproval of a twice the rate paid by other third-party Drive, Suite L, Baltimore, Maryland State plan or plan amendment. The insurers for the same services. Moreover, the 21244–2670, Telephone: (410) 786– Centers for Medicare & Medicaid annualized payment methodology proposed 2055. Services (CMS) is required to publish a by the State is not a customary method for copy of the notice to a state Medicaid paying physicians and other allied health SUPPLEMENTARY INFORMATION: This agency that informs the agency of the professionals. The methodology would make notice announces an administrative time and place of the hearing and the it difficult to track payments for specific hearing to reconsider the decision to issues to be considered. If we services and would complicate auditing disapprove Arkansas State Plan subsequently notify the agency of processes. In the initial decision, CMS also Amendment (SPA) 02–17, which was cited the complicated nature of this payment additional issues that will be considered scheme and difficulty in tracking and submitted to the Centers for Medicare & at the hearing, we will also publish that auditing payments for services as a reason Medicaid Services (CMS) on July 29, notice. Any individual or group that why the proposed payment methodology was 2002. This amendment proposes to wants to participate in the hearing as a not consistent with section 1902(a)(30)(A). provide supplemental payments to party must petition the presiding officer This notice announces an administrative physicians and other allied health within 15 days after publication of this hearing on June 25, 2003, at 10 a.m., Centers professionals who provide services notice, in accordance with the for Medicare & Medicaid Services (CMS), through Faculty Group Practices requirements contained at 42 CFR Dallas Regional Office, 1301 Young Street, associated with the University of Room 1119; Dallas, Texas 75202. 430.76(b)(2). Any interested person or If this date is not acceptable, we would be Arkansas School of Medicine. The organization that wants to participate as glad to set another date that is mutually supplemental payment would be equal amicus curiae must petition the agreeable to the parties. The hearing will be to the difference between the existing presiding officer before the hearing governed by the procedures prescribed at 42 fee schedule rates and Faculty Group begins in accordance with the CFR, part 430. Practices’ charges. CMS issued its initial requirements contained at 42 CFR I am designating Ms. Kathleen Scully- determination disapproving Arkansas 430.76(c). If the hearing is later Hayes as the presiding officer. If these SPA 02–17 on March 6, 2003. rescheduled, the presiding officer will arrangements present any problems, please Arkansas timely requested notify all participants. contact the presiding officer. In order to reconsideration by letter dated April 14, The notice to Arkansas announcing an facilitate any communication which may be 2003. At issue is whether the State has necessary between the parties to the hearing, administrative hearing to reconsider the please notify the presiding officer to indicate demonstrated that this SPA is consistent disapproval of the SPA reads as follows: acceptability of the hearing date that has with the requirements of section 1902 Mr. Kurt Knickrehm, Director been scheduled and provide names of the (a)(30)(A) of the Social Security Act (the Arkansas Department of Human Services individuals who will represent the State at Act). The CMS concluded that the Donaghey Plaza South the hearing. The presiding officer may be information provided with this SPA was PO Box 1437, Slot S401 reached at (410) 786–2055.

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Sincerely, Background Part II of this Notice. State governments Thomas A. Scully. On February 20, 2003, in Division receiving funds under this (Sect. 1116 of the Social Security Act (42 (N)—‘‘Emergency Relief and Offsets,’’ announcement will need to collaborate U.S.C. section 1316); (42 CFR 430.18)) with local chief election officials and (Catalog of Federal Domestic Assistance Title I Election Reform, Disabled Voters Services, the Miscellaneous local units of government to determine Program No. 13.714, Medicaid Assistance where and how to expend funds. Program) Appropriations Act, 2003, Pub. L. 108– 7, Congress appropriated $13 million for The Federal Government reserves the Dated: May 12, 2003. States to operate the Election Assistance right to audit expenditure of funds Thomas A. Scully, for Individuals with Disabilities (EAID) received under this announcement Administrator, Centers for Medicare & grant program. HAVA assigned pursuant to section 902 of the Help Medicaid Services. responsibility for the EAID to the American Vote Act, 42 U.S.C. 15542 and [FR Doc. 03–12698 Filed 5–20–03; 8:45 am] Secretary of Health and Human Services 45 CFR 92.26, where applicable. BILLING CODE 4120–01–P (the Secretary), who has assigned Use of Allotments responsibility for carrying out this program to the Administration for Section 261 of HAVA provides that DEPARTMENT OF HEALTH AND Children and Families (ACF). Within funds be made available to: HUMAN SERVICES ACF, the Administration on a. Make polling places, including the Developmental Disabilities (ADD) is path of travel, entrances, exits, and Administration for Children and responsible for the administration of the voting areas of each polling facility, Families EAID grant program. accessible to individuals with the full range of disabilities (e.g., blindness or State Grants for Election Assistance Eligible Applicants visual impairment, deafness or hearing for Individuals With Disabilities (EAID) As defined by section 901 of HAVA, impairment, mobility-related, dexterity- AGENCY: Administration on States (including the District of related, emotional, or intellectual). Developmental Disabilities (ADD), Columbia, the Commonwealth of Puerto b. Provide the same opportunity for Administration for Children and Rico, Guam, American Samoa, and the access and participation (including Families, Department of Health and Virgin Islands) are eligible to apply for privacy and independence) to Human Services. grants under the EAID program. Grants individuals with the full range of disabilities. ACTION: Notification of the Availability are not available to local units of c. Train election officials, poll of Fiscal Year 2003 Funds under the government directly from the Federal workers, and election volunteers on Help America Vote Act, Public Law Government in FY 2003 because how best to promote the access and (Pub. L.) 107–252, title II subtitle D, part Division (N)—‘‘Emergency Relief and participation of individuals with the full 2, section 261, Payments to States and Offsets,’’ Title I Election Reform, range of disabilities in elections for Units of Local Governments to Assure Disabled Voters Services, the Miscellaneous Appropriations Act, Federal office. Access for Individuals with Disabilities d. Provide individuals with the full (42 U.S.C. 15421). 2003, Pub. L. 108–7, only appropriated funds for grants to States for FY 2003. range of disabilities with information SUMMARY: The purposes of this notice Thus, while units of local government about the accessibility of polling places. are: (1) To set forth the requirements as well as States are eligible for funding Part II: Application Requirements that must be met by a State seeking a under Section 261 of the Help America payment under 42 U.S.C. 15421 of the Vote Act, the annual appropriations All of the following conditions must Help America Vote Act of 2002 (HAVA); statute did not make funds available for be met by an applicant seeking a and (2) to secure assurances from such grants to local governments. payment under 42 U.S.C. 15421 of the Help America Vote Act of 2002. An a State related to conditions prior to Availability and Distribution of Funds receiving a payment. applicant must agree to these conditions in writing prior to receiving a payment EFFECTIVE DATE: May 21, 2003. Congress appropriated $13,000,000 for payments to States for Federal fiscal by submitting an application. The FOR FURTHER INFORMATION CONTACT: year 2003. Payment amounts to States conditions are to ensure that a payment Contact Diann Winford at (202) 690– and Territories will be based on the will be used in compliance with HAVA. 5963, [email protected] or Carla relative size of the voting age population Payments must be used to pay for the Brown at (202) 690–8332, (i.e., number of individuals 18 years of activities described under Part I, Use of [email protected]. age or older as reported in the 2000 U.S. Allotments. SUPPLEMENTARY INFORMATION: Census) of those States and Territories Conditions Part I: Introduction requesting payment, with the exception that no State or Territory applying for 1. Some portion of the grant must be The Help America Vote Act (HAVA), funds shall receive a payment of less used for each of the following activities. signed into law by President George W. than $100,000. See Table I for the a. Make polling places, including the Bush on October 29, 2002, contains amount reserved for each State and path of travel, entrances, exits, and several provisions that will enable an Territory, assuming all 55 States and voting areas of each polling facility, applicant to establish, expand, and Territories submit applications. If fewer accessible to individuals with the full improve access to and participation by than 55 States and Territories submit range of disabilities. individuals with the full range of applications, those States and b. Provide the same opportunity for disabilities (e.g., blindness or visual Territories applying for payment will access and participation (including impairment, deafness or hearing receive a proportionately higher amount privacy and independence) to impairment, mobility-related, dexterity- than that listed on Table I. individuals with the full range of related, emotional or intellectual) in the Any payment distributed shall remain disabilities as for other voters. election process. The Catalog of Federal available until expended. c. Train election officials, poll Domestic Assistance Number for this In order to receive a payment a State workers, and election volunteers on announcement is: 93.617. must meet all of the requirements in how best to promote the access and

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participation of individuals with the full Part III: Additional Information Promenade, SW, Washington, DC range of disabilities in elections for 20447. Closing Date for Receipt of Assurances Federal office. d. Provide individuals with the full The closing date for receipt of all Notification Under Executive Order range of disabilities with information applications is 45 days from the date of 12372 about the accessibility of polling places. this notice. This program is covered under E.O. 2. In an application an applicant must 12372, ‘‘Intergovernmental Review of provide: Grant Administration Regulations Federal Programs’’ and 45 CFR part 100, a. The name of the State submitting The regulations that govern the ‘‘Intergovernmental Review of the application. administration of these grants are: 45 Department of Health and Human b. The name of the Chief Election CFR part 16—Procedures of the Services Programs and Activities.’’ Official of the State submitting the Departmental Grant Appeals Board; 45 However, since units of local application. CFR part 30—Claims Collection; 45 CFR governments are not funded in Fiscal c. Contact person: name, title, part 76—Governmentwide Debarment Year 2003, the review and comment address, phone, fax, and e-mail address. and Suspension (Nonprocurement) and provisions of the Executive Order and d. A description of what the applicant Governmentwide Requirements for Part 100 do not apply for fiscal year intends to do in each of the four Drug-Free Workplace (Grants); 45 CFR 2003. categories of activities outlined under part 80—Nondiscrimination Under Paperwork Reduction Act #1 above. Programs Receiving Federal Assistance e. How much of the payment that the Through the Department of Health and In accordance with the Paperwork applicant intends to spend on each of Human Services Effectuation of Title VI Reduction Act of 1980 (Pub. L. 96–511), the four categories of activities outlined of the Civil Rights Act of 1964; 45 CFR the application requirements contained in #1 above. part 81—Practice and Procedure for in this notice have been approved by the f. An assurance that six months after Hearings Under Part 80 of This Title; 45 Office of Management and Budget under the ending of the fiscal year in which a control number 0348–0043. payment is received, the Chief Election CFR part 84—Nondiscrimination on the Basis of Handicap in Programs and Official or his/her designee will submit FY 2003 TENTATIVE ALLOCATIONS FOR a report to the Administration on Activities Receiving Federal Financial ELECTION ASSISTANCE FOR INDIVID- Developmental Disabilities for the Assistance; 45 CFR part 91— Secretary of Health and Human Services Nondiscrimination on the Basis of Age UALS WITH DISABILITIES.—TABLE I describing how the payment received in HHS Programs or Activities Receiving FY 2003 was used with regard to the four Federal Financial Assistance; 45 CFR part 92—Uniform Administrative State tentative categories of activities. allotments 3. The application must include a Requirements for Grants and completed SF 424, available at this Web Cooperative Agreements to State and Alabama ...... 185,341 address: http://www.acf.hhs.gov/ Local Governments; and 45 CFR part Alaska ...... 100,000 programs/add/announce.htm 93—New Restrictions on Lobbying. American Samoa ...... 100,000 Arizona ...... 209,686 4. The application must include the Reporting Requirements following certifications: Arkansas ...... 109,029 a. Anti-Lobbying Certification and Each grantee is required to submit California ...... 1,371,756 Colorado ...... 178,308 Disclosure Form (45 CFR part 93). annually a narrative report that describes how the funds are used in Connecticut ...... 142,841 b. Other Certifications: The signature Delaware ...... 100,000 on the application by the authorized regard to the four categories of activities District of Columbia ...... 100,000 official attests to the intent to comply authorized under 42 U.S.C. 15461 of the Florida ...... 687,278 with the following other certifications: Help America Vote Act of 2002. These Georgia ...... 335,237 A. Certification Regarding Drug-Free reports are due no later than March 31 Guam ...... 100,000 Work Place (45 CFR part 76) of each year. Reports must be mailed to: Hawaii ...... 100,000 B. Debarment Certification (45 CFR Administration on Developmental Idaho ...... 100,000 76); and Disabilities, 200 Independence Illinois ...... 511,102 C. Certification Regarding Indiana ...... 251,048 Avenue, Southwest, Room 300–F, Iowa ...... 122,161 Environmental Tobacco Smoke. Washington, DC 20201, Attention: 5. The application must be signed by Kansas ...... 110,057 Debbie Powell. the Chief Election Official. Kentucky ...... 169,755 6. An application must be received 45 Expenditures under the EAID program Louisiana ...... 181,021 days from date of this notice, and no are to be reported using a Financial Maine ...... 100,000 Maryland ...... 219,527 later than 4:30 p.m. EDT, at the U.S. Status Report (SF–269A). Grantees are required to submit annual financial Massachusetts ...... 270,154 Department of Health and Human Michigan ...... 409,083 Services, ACF/Office of Grants reports (SF–269A) at the end of each 12 Minnesota ...... 202,382 Management, 370 L’Enfant Promenade month grant period (September 1– Mississippi ...... 115,296 SW, Mail Stop 326F, Washington, DC August 31) until all funds have been Missouri ...... 232,185 20447–0002, Attention: Joseph expended. Funds under EAID are Montana ...... 100,000 Lonergan. Hand-delivered applications available until expended. Reports are Nebraska ...... 100,000 should be delivered to Joseph Lonergan, due 90 days after the end of the grant Nevada ...... 100,000 Director, Division of Mandatory Grants, period (November 30). New Hampshire ...... 100,000 New Jersey ...... 352,485 Office of Grants Management, 901 D Submit the original SF–269A to ACF at the address below: New Mexico ...... 100,000 Street, SW., 4th Floor East, Washington, New York ...... 795,936 DC (Telephone number: (202) 401– Administration for Children and North Carolina ...... 339,029 6603)). Any applications received after Families, Office of Administration, North Dakota ...... 100,000 4:30 p.m. on the deadline date will not Division of Mandatory Grants, Attn: Oregon ...... 143,454 be considered for payment. Joseph Lonergan, 370 L’Enfant Pennsylvania ...... 521,409

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FY 2003 TENTATIVE ALLOCATIONS FOR and Budget (OMB) for review and application, (2) determine the amount of ELECTION ASSISTANCE FOR INDIVID- clearance under the Paperwork the fee required, and (3) account for and UALS WITH DISABILITIES.—TABLE I— Reduction Act of 1995. track user fees. The form provides a Continued DATES: Submit written or electronic cross-reference of the fees submitted for comments on the collection of an application with the actual FY 2003 information by June 20, 2003. application by using a unique number State tentative ADDRESSES: The Office of Management tracking system. The information allotments and Budget (OMB) is still experiencing collected is used by FDA’s Center for Devices and Radiological Health (CDRH) Puerto Rico ...... 151,345 significant delays in the regular mail, Rhode Island ...... 100,000 including first class and express mail, and Center for Biologics Evaluation and South Carolina ...... 167,271 and messenger deliveries are not being Research (CBER) to initiate the South Dakota ...... 100,000 accepted. To ensure that comments on administrative screening of new medical Tennessee ...... 240,958 the information collection are received, device applications and supplemental Texas ...... 833,749 OMB recommends that written applications. Utah ...... 100,000 comments be electronically mailed to Vermont ...... 100,000 Respondents to this collection of [email protected] or faxed to the information are device manufacturers. Virgin Islands ...... 100,000 Office of Information and Regulatory Virginia ...... 297,522 Based on FDA’s database system, there Washington ...... 244,039 Affairs, OMB, Attn: Stuart Shapiro, Desk are an estimated 5,000 manufacturers of West Virginia ...... 100,000 Officer for FDA, FAX: 202–395–6974. products subject to MDUFMA. Wisconsin ...... 185,426 FOR FURTHER INFORMATION CONTACT: However, not all manufacturers will Wyoming ...... 100,000 Peggy Robbins, Office of Information have any submissions in a given year Total ...... 13,000,000 Resources Management (HFA–250), and some may have multiple Food and Drug Administration, 5600 submissions. The total number of Dated: May 14, 2003. Fishers Lane, Rockville, MD 20857, annual responses is based on the Patricia A. Morrissey, 301–827–1223. number of submissions received by FDA Commissioner, Administration on SUPPLEMENTARY INFORMATION: In in fiscal year 2002. CDRH estimates Developmental Disabilities. compliance with 44 U.S.C. 3507, FDA 5,000 annual responses that include the [FR Doc. 03–12699 Filed 5–20–03; 8:45 am] has submitted the following proposed following: 50 premarket approval BILLING CODE 4184–01–P collection of information to OMB for applications, 4,400 premarket review and clearance. notifications, 30 modular premarket Medical Device User Fee Cover Sheet; applications, 1 product development DEPARTMENT OF HEALTH AND Form FDA 3601 protocol, 1 premarket report, 20 panel HUMAN SERVICES track supplements, 150 real-time The Federal Food, Drug, and Cosmetic supplements, and 348 180-day Act, as amended by the Medical Device Food and Drug Administration supplements. CBER estimates 50 annual User Fee and Modernization Act of 2002 responses that include the following: 2 [Docket No. 03N–0038] (MDUFMA) (Public Law 107–250), premarket approval applications, 3 authorizes FDA to collect user fees for Agency Information Collection biologics license applications, 30 certain medical device applications. Activities; Submission for OMB Under this authority, companies pay a premarket notifications, 10 modular Review; Comment Request; Medical fee for certain new medical device premarket applications, and 5 180-day Device User Fee Cover Sheet; Form applications or supplements submitted supplements. The estimated hours per FDA 3601 to the agency for review. Because the response are based on past FDA experience with the various AGENCY: Food and Drug Administration, submission of user fees concurrently submissions, and range from 5 to 30 HHS. with applications and supplements is minutes. The hours per response are ACTION: Notice. required, the review of an application cannot begin until the fee is submitted. based on the average of these estimates. SUMMARY: The Food and Drug Form FDA 3601, the ‘‘Medical Device In the Federal Register of February Administration (FDA) is announcing User Fee Cover Sheet,’’ is designed to 26, 2003 (68 FR 8907) FDA published a that the proposed collection of provide the minimum necessary 60-day notice requesting public information listed below has been information to: (1) Determine whether a comment on the information collection submitted to the Office of Management fee is required for review of an provisions. No comments were received.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency Total Annual Form No. of Respondents per Response Responses Hours per Response Total Hours

FDA 3601 5,000 1 5,000 .30 1,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Dated: May 15, 2003. information to the Dockets Management burden of the collection of information Jeffrey Shuren, Branch (HFA–305), Food and Drug on respondents, including through the Assistant Commissioner for Policy. Administration, 5630 Fishers Lane, rm. use of automated collection techniques, [FR Doc. 03–12717 Filed 5–20–03; 8:45 am] 1061, Rockville, MD 20852. All when appropriate, and other forms of BILLING CODE 4160–01–S comments should be identified with the information technology. docket number found in brackets in the heading of this document. Agreement for Shipment of Devices for Sterilization—21 CFR 801.150(e) (OMB FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Control Number 0910–0131)—Extension HUMAN SERVICES Peggy Robbins, Office of Information Resources Management (HFA–250), Under sections 501(c) and 502(a) of Food and Drug Administration Food and Drug Administration, 5600 the Federal Food, Drug, and Cosmetic [Docket No. 03N–0194] Fishers Lane, Rockville, MD 20857, Act (the act) (21 U.S.C. 351(c) and 301–827–1223. 352(a)), nonsterile devices that are Agency Information Collection SUPPLEMENTARY INFORMATION: Under the labeled as sterile but are in interstate Activities; Proposed Collection; PRA (44 U.S.C. 3501–3520), Federal transit to a facility to be sterilized are Comment Request; Agreement for agencies must obtain approval from the adulterated and misbranded. FDA Shipment of Devices for Sterilization Office of the Management and Budget regulations in § 801.150(e) (21 CFR (OMB) for each collection of 801.150(e)) establish a control AGENCY: Food and Drug Administration, information they conduct or sponsor. mechanism by which firms may HHS. ‘‘Collection of information’’ is defined manufacture and label medical devices ACTION: Notice. in 44 U.S.C. 3502(3) and 5 CFR as sterile at one establishment and ship 1320.3(c) and includes agency requests the devices in interstate commerce for SUMMARY: The Food and Drug or requirements that members of the Administration (FDA) is announcing an sterilization at another establishment; a public submit reports, keep records, or opportunity for public comment on the practice that facilitates the processing of provide information to a third party. proposed collection of certain devices and is economically necessary Section 3506(c)(2)(A) of the PRA (44 information by the agency. Under the for some firms. Under § 801.150(e), U.S.C. 3506(c)(2)(A)) requires Federal manufacturers and sterilizers may sign Paperwork Reduction Act of 1995 (the agencies to provide a 60-day notice in PRA), Federal agencies are required to an agreement containing the following: the Federal Register concerning each (1) Instructions for maintaining publish notice in the Federal Register proposed collection of information concerning each proposed collection of accountability of the number of units in including each proposed extension of an each shipment; (2) acknowledgment that information including each proposed existing collection of information, extension of an existing information the devices that are nonsterile are being before submitting the collection to OMB shipped for further processing; and (3) collection, and to allow 60 days for for approval. To comply with this public comment in response to the specifications for sterilization requirement, FDA is publishing notice processing. notice. This notice solicits comments on of the proposed collection of information collection requirements This agreement allows the information set forth in this document. manufacturer to ship misbranded relating to shipment of nonsterile With respect to the following products to be sterilized without devices that are to be sterilized collection of information, FDA invites initiating regulatory action and provides elsewhere or are shipped to other comments on: (1) Whether the proposed FDA with a means to protect consumers establishments for further process collection of information is necessary from use of nonsterile products. During labeling or repacking. for the proper performance of FDA’s routine plant inspections, FDA normally DATES: Submit written or electronic functions, including whether the reviews agreements that must be kept comments on the collection of information will have practical utility; for 2 years after final shipment or information by July 21, 2003. (2) the accuracy of FDA’s estimate of the delivery of devices. ADDRESSES: Submit electronic burden of the proposed collection of comments on the collection of information, including the validity of The respondents to this collection of information to http:// the methodology and assumptions used; information are device manufacturers www.accessdata.fda.gov/scripts/oc/ (3) ways to enhance the quality, utility, and contact sterilizers. dockets/edockethome.cfm. Submit and clarity of the information to be FDA estimates the reporting burden of written comments on the collection of collected; and (4) ways to minimize the this collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency CFR Section No. of Respondents per Response Hours per Response Total Hours Total Hours

801.150(e) 90 20 1,800 4 7,200

Total 7,200 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA’s estimate of the burden is based No burden has been estimated for the financial resources necessary to comply on actual data obtained from industry recordkeeping requirement in 21 CFR with a collection of information are over the past 6 years where there are 801.150(a)(2) because these records are excluded from the burden estimate if approximately 90 firms subject to this maintained as a usual and customary the reporting, recordkeeping, or requirement. part of normal business activities. Under disclosure activities needed to comply 5 CFR 1320.3(b)(2), the time, effort, and are usual and customary because they

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would occur in the normal course of DEPARTMENT OF HEALTH AND of the product. In addition to § 610.2, activities. HUMAN SERVICES there are other regulations in part 660 Dated: May 15, 2003. (21 CFR part 660) that require the Food and Drug Administration Jeffrey Shuren, submission of samples and protocols for specific licensed biological products: Assistant Commissioner for Policy. [Docket No. 02N–0516] §§ 660.6 (Antibody to Hepatitis B [FR Doc. 03–12718 Filed 5–20–03; 8:45 am] Agency Information Collection Surface Antigen), 660.36 (Reagent Red BILLING CODE 4160–01–S Activities; Submission for OMB Blood Cells), and 660.46 (Hepatitis B Review; Comment Request; Request Surface Antigen). Section 660.6(a) DEPARTMENT OF HEALTH AND for Samples and Protocols provides requirements for the frequency HUMAN SERVICES of submission of samples from each lot AGENCY: Food and Drug Administration, of Antibody to Hepatitis B Surface HHS. Food and Drug Administration Antigen product, and § 660.6(b) ACTION: Notice. provides the requirements for the [Docket No. 02N–0452] submission of a protocol containing SUMMARY: The Food and Drug specific information along with each Agency Information Collection Administration (FDA) is announcing Activities; Announcement of OMB that the proposed collection of required sample. For § 660.6 products Approval; New Drugs and Biological information listed below has been subject to official release by FDA, one Drug Products; Evidence Needed to submitted to the Office of Management sample from each filling of each lot is Demonstrate Effectiveness of New and Budget (OMB) for review and required to be submitted along with a Drugs When Human Efficacy Studies clearance under the Paperwork protocol consisting of a summary of the Are Not Ethical or Feasible Reduction Act of 1995. history or manufacture of the product, including all results of each test for DATES: AGENCY: Food and Drug Administration, Fax or electronically mail which test results are requested by the HHS. written comments on the collection of Center for Biologics Evaluation and information by June 20, 2003. ACTION: Notice. Research (CBER). After official release is ADDRESSES: OMB is still experiencing no longer required, one sample along SUMMARY: The Food and Drug significant delays in the regular mail, with a protocol is required to be Administration (FDA) is announcing including first class and express mail, submitted at an interval of 90 days. In that a collection of information entitled and messenger deliveries are not being addition, samples, which must be ‘‘New Drugs and Biological Drug accepted. To ensure that comments on accompanied by a protocol, may at any Products; Evidence Needed to the information collection are received, time be required to be submitted to FDA Demonstrate Effectiveness of New Drugs OMB recommends that written if continued evaluation is deemed When Human Efficacy Studies Are Not comments be electronically mailed to necessary. Section 660.36(a) requires, Ethical or Feasible’’ has been approved [email protected] or faxed to the after each routine establishment by the Office of Management and Office of Information and Regulatory inspection by FDA, the submission of Budget (OMB) under the Paperwork Affairs, OMB, Attn: Stuart Shapiro, Desk samples from a lot of final Reagent Red Reduction Act of 1995. Officer for FDA, FAX: 202–395–6974. Blood Cell product along with a FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: protocol containing specific Karen L. Nelson, Office of Information JonnaLynn P. Capezzuto, Office of information. Section 660.36(a)(2) Resources Management (HFA–250), Information Resources Management requires a protocol contain information Food and Drug Administration, 5600 (HFA 250), Food and Drug including, but not limited to, Fishers Lane, Rockville, MD 20857, Administration, 5600 Fishers Lane, manufacturing records, test records, and 301–827–1482. Rockville, MD 20857, 301–827–4659. test results. Section 660.36(b) requires a SUPPLEMENTARY INFORMATION: In the SUPPLEMENTARY INFORMATION: In copy of the antigenic constitution Federal Register of March 7, 2003 (68 compliance with 44 U.S.C. 3507, FDA matrix specifying the antigens present FR 11119), the agency announced that has submitted the following proposed or absent to be submitted to FDA at the the proposed information collection had collection of information to OMB for time of initial distribution of each lot. been submitted to OMB for review and review and clearance. Section 660.46(a) provides requirements for the frequency of submission of clearance under 44 U.S.C. 3507. An Request for Samples and Protocols— agency may not conduct or sponsor, and samples from each lot of Hepatitis B (OMB Control Number 0910–0206)— Surface Antigen product, and a person is not required to respond to, Extension a collection of information unless it § 660.46(b) provides the requirements displays a currently valid OMB control Under section 351 of the Public for the submission of a protocol number. OMB has now approved the Health Service Act (the PHS Act) (42 containing specific information along information collection and has assigned U.S.C. 262), FDA has the responsibility with each required sample. For § 660.46 OMB control number 0910–0423. The to issue regulations that prescribe products subject to official release by approval expires on May 31, 2006. A standards designed to ensure the safety, FDA, one sample from each filling of copy of the supporting statement for this purity, and potency of biological each lot is required to be submitted information collection is available on products and to ensure that licenses for along with a protocol consisting of a the Internet at http://www.fda.gov/ such products are only issued when a summary of the history or manufacture ohrms/dockets. product meets the prescribed standards. of the product, including all results of Under § 610.2 (21 CFR 610.2), FDA may each test for which test results are Dated: May 15, 2003. at any time require manufacturers of requested by CBER. After notification of Jeffrey Shuren, licensed biological products to submit official release is received, one sample Assistant Commissioner for Policy. to FDA samples of any lot along with along with a protocol is required to be [FR Doc. 03–12723 Filed 5–20–03; 8:45 am] the protocols showing the results of submitted at an interval of 90 days. In BILLING CODE 4160–01–S applicable tests before marketing the lot addition, samples, which must be

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accompanied by a protocol, may at any specific products referenced previously. response are based on the average of time be required to be submitted to FDA The estimated number of respondents these estimates and rounded to 3 hours. if continued evaluation is deemed for each regulation is based on the Under the remaining regulations, the necessary. Samples and protocols are annual number of manufacturers that hours per response are based on the required by FDA to help ensure the submitted samples and protocols for higher end of the estimate (rounded to safety, purity, or potency of the product biological products including 5 or 6 hours) because more information because of the potential lot-to-lot submissions for lot release, surveillance, is generally required to be submitted in variability of a product produced from licensing, or export. There are an the protocol than under § 610.2. living organisms. In cases of certain estimated 329 manufacturers of licensed In the Federal Register of December biological products (e.g., Albumin, biological products, however, based on 27, 2002 (67 FR 79127), FDA published Plasma Protein Fraction, and specified information obtained from FDA’s a 60-day notice requesting public biotechnology and specified synthetic database system, approximately 83 comment on the information collection biological products) that are known to manufacturers submitted samples and provisions. FDA received one comment have lot-to-lot consistency, official lot protocols in fiscal years 1999 and 2000, on the information collection in release is not normally required. under the regulations cited previously. response to the 60-day notice. However, submissions of samples and FDA estimates that approximately 76 The comment recommended that we protocols of these products may still be manufacturers submitted protocols should review the regulations under required for surveillance, licensing, and under § 610.2 and 7 manufacturers § 610.2(a) concerning lot release and export purposes, or in the event that submitted protocols under the consider modifications to reflect current FDA obtains information that the regulations for the specific products. manufacturing technology standards in manufacturing process may not result in The total annual responses are based on light of industry’s ability to control and consistent quality of the product. The the annual average of FDA’s final test products to ensure identity, purity, following burden estimate is for actions completed in fiscal years 1999 and potency. The comment provided protocols required to be submitted with and 2000, which totaled 6,747, for the some suggestions to consider regarding each sample. The collection of samples various submission requirements of the lot release requirements. is not a collection of information under samples and protocols for biological The comment’s suggested regulatory 5 CFR 1320.3(h)(2). Respondents to the products. The rate of final actions is not revisions that pertain to provisions or collection of information under § 610.2 expected to change significantly in the matters that are outside the scope of the are manufacturers of any licensed next few years. The hours per response proposed information collection. biological product. Respondents to the are based on information provided by Consequently, we decline to adopt the collection of information under industry. The burden estimates comment’s recommendations. §§ 660.6(b), 660.36(a)(2) and (b), and provided by industry ranged from 1 to FDA estimates the burden of this 660.46(b) are manufacturers of the 5.5 hours. Under § 610.2, the hours per information collection as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual frequency Total annual Hours per 21 CFR Section respondents per response responses response Total hours

610.2 76 86.5 6,574 3 19,722

660.6(b) 4 28.5 114 5 570

660.36(a)(2) and (b) 1 1 1 6 6

660.46(b) 2 29 58 5 290

Total 83 6,747 20,588 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: May 15, 2003. DEPARTMENT OF HEALTH AND that a collection of information entitled Jeffrey Shuren, HUMAN SERVICES ‘‘Establishing and Maintaining a List of Assistant Commissioner for Policy. U.S. Dairy Product Manufacturers With Food and Drug Administration [FR Doc. 03–12724 Filed 5–20–03; 8:45 am] Interest in Exporting to Chile’’ has been approved by the Office of Management [Docket No. 03N–0135] BILLING CODE 4160–01–S and Budget (OMB) under the Paperwork Agency Information Collection Reduction Act of 1995. Activities; Announcement of OMB FOR FURTHER INFORMATION CONTACT: Approval; Guidance: Establishing and Peggy Robbins, Office of Information Maintaining a List of U.S. Dairy Resources Management (HFA–250), Product Manufacturers With Interest in Food and Drug Administration, 5600 Exporting to Chile Fishers Lane, Rockville, MD 20857, 301–827–1223. AGENCY: Food and Drug Administration, HHS. SUPPLEMENTARY INFORMATION: In the ACTION: Notice. Federal Register of April 10, 2003 (68 FR 17655), the agency announced that SUMMARY: The Food and Drug the proposed information collection had Administration (FDA) is announcing been submitted to OMB for review and

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clearance under 44 U.S.C. 3507. An and biological products. Section 506B the progress of the commitment on the agency may not conduct or sponsor, and provides FDA with additional authority anniversary of the product’s approval a person is not required to respond to, to monitor the progress of a until the postmarketing study a collection of information unless it postmarketing study commitment that commitment is completed or terminated displays a currently valid OMB control an applicant has been required or has and FDA determines that the number. OMB has now approved the agreed to conduct by requiring the postmarketing study commitment has information collection and has assigned applicant to submit a report annually been fulfilled or that the postmarketing OMB control number 0910–0509. The providing information on the status of study commitment is either no longer approval expires on October 31, 2003. A the postmarketing study commitment. feasible or would no longer provide copy of the supporting statement for this This report must also include reasons, if useful information. The annual progress information collection is available on any, for failure to complete the report must include a description of the the Internet at http://www.fda.gov/ commitment. postmarketing study commitment, a ohrms/dockets. On December 1, 1999 (64 FR 67207), schedule for completing the study FDA published a proposed rule commitment, and a characterization of Dated: May 15, 2003. providing a framework for the content the current status of the study Jeffrey Shuren, and format of the annual progress commitment. The report must also Assistant Commissioner for Policy. report. The proposed rule also clarified provide an explanation of the [FR Doc. 03–12725 Filed 5–20–03; 8:45 am] the scope of the reporting requirement postmarketing study commitment’s BILLING CODE 4160–01–S and timing for submission of the annual status by describing briefly the progress reports. The final rule, postmarketing study commitment’s published on October 30, 2000 (65 FR progress. A postmarketing study DEPARTMENT OF HEALTH AND 64607), modified annual report commitment schedule is expected to HUMAN SERVICES requirements for new drug applications include the actual or projected dates for: (NDAs) and abbreviated new drug (1) Submission of the study protocol to Food and Drug Administration applications (ANDAs) by establishing FDA, (2) completion of patient accrual [Docket No. 03N–0170] § 314.81(b)(2)(vii) (21 CFR or initiation of an animal study, (3) 314.81(b)(2)(vii)). The rule also created completion of the study, and (4) Report on the Performance of Drug a new annual reporting requirement for submission of the final study report to and Biologics Firms in Conducting biologics license applications (BLAs) by FDA. The postmarketing study Postmarketing Commitment Studies; establishing § 601.70 (21 CFR 601.70). commitment status must be described in Availability These regulations became effective on the annual report according to the April 26, 2001. The regulations apply following definitions: AGENCY: Food and Drug Administration, only to human drugs, including • Pending: The study has not been HHS. biological drugs. They do not apply to initiated, but does not meet the criterion ACTION: Notice of availability. animal drugs or to licensed biological for delayed; products that also meet the definition of • Ongoing: The study is proceeding SUMMARY: The Food and Drug according to or ahead of the original Administration (FDA) is required, under a medical device. Sections 314.81(b)(2)(vii) and 601.70 schedule; the Food and Drug Administration apply to postmarketing commitments • Delayed: The study is behind the Modernization Act of 1997 made on or before enactment of the original schedule; (Modernization Act), to report annually Modernization Act (November 21, 1997) • Terminated: The study was ended in the Federal Register on the status of as well as those made after that date. before completion, but a final study postmarketing study commitments Sections 314.81(b)(2)(vii) and 601.70 report has not been submitted to FDA; made by sponsors of approved drug and require applicants of approved drugs or biological products. This is the agency’s and biological products to submit • Submitted: The study has been first report on the status of the study annually a report on the status of each completed or terminated, and a final commitments that sponsors have agreed clinical safety, clinical efficacy, clinical study report has been submitted to FDA. to conduct and for which an annual pharmacology, and nonclinical Databases containing information on status report on the study has been toxicology study that is required by FDA postmarketing study commitments are received by FDA. (e.g., accelerated approval clinical maintained at the Center for Drug FOR FURTHER INFORMATION CONTACT: Kim benefit studies) or that they have Evaluation and Research (CDER) and the Colangelo, Center for Drug Evaluation committed to conduct either at the time Center for Biologics Evaluation and and Research (HFD–20), Food and Drug of approval or after approval of their Research (CBER). Information in this Administration, 5600 Fishers Lane, NDA, ANDA, BLA, or supplement. The report covers any postmarketing study Rockville, MD 20857, 301–594–3937; or status of other types of postmarketing commitment that was made, in writing, Robert Yetter, Center for Biologics commitments (e.g., those concerning at the time of approval or after approval Evaluation and Research (HFM–25), chemistry, manufacturing, production of an application or a supplement to an 1400 Rockville Pike, Rockville, MD controls, and studies conducted on an application, including those required 20852, 301–827–0373. applicant’s own initiative) are not (e.g., to demonstrate clinical benefit of SUPPLEMENTARY INFORMATION: required to be reported under a product following accelerated §§ 314.81(b)(2)(vii) and 601.70 and are approval) and those agreed to with the I. Background not addressed in this report. It should be applicant. Information summarized in Section 130(a) of the Modernization noted, however, that applicants are this report includes: (1) The number of Act (Public Law 105–115) amended the required to report to FDA on these applicants with open (uncompleted) Federal Food, Drug, and Cosmetic Act commitments made for NDAs and postmarketing commitments, (2) the (the act) by adding a new provision ANDAs under § 314.81(b)(2)(viii). number of open postmarketing (section 506B of the act (21 U.S.C. According to the regulations, once a commitments, (3) the status of open 356b)) requiring reports of postmarketing study commitment has postmarketing commitments as reported postmarketing studies for human drugs been made, an applicant must report on in § 314.81(b)(2)(vii) or § 601.70 annual

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reports, (4) the status of concluded available on the site includes only II. Summary of Information From postmarketing studies as determined by postmarketing study commitments Postmarketing Study Progress Reports FDA, and (5) the number of open made since January 1, 1991. The This report summarizes the status of postmarketing commitments for which numbers published in this notice cannot FDA did not receive an annual report. postmarketing commitments as of be compared with the numbers resulting September 30, 2002. If a commitment Additional information about from searches of the Web site. This postmarketing study commitments did not have a schedule and a notice incorporates totals for all postmarketing progress report was not made by sponsors to CDER and CBER postmarketing study commitments in are provided on FDA’s Web site at received, the commitment is categorized FDA databases, including those made http://www.fda.gov/cder. Like this according to the most recent prior to 1991 as well as those notice, the site does not list information available to the agency. postmarketing study commitments undergoing review for accuracy. The Data in table 1 are numerical containing proprietary information. It is report in this notice will be updated summaries generated from FDA FDA policy not to post information on annually while the Web site will be databases. The data are broken out the Web site until it has been reviewed updated quarterly (in April, July, according to application type (NDAs/ for accuracy. The information currently October, and January). ANDAs or BLAs).

TABLE 1.—SUMMARY OF POSTMARKETING STUDY COMMITMENTS TO CBER AND CDER (NUMBERSASOFSEPTEMBER 30, 2002)

NDAs/ANDAs (% of total) BLAs (% of total)

Applicants with open postmarketing commitments 126 44

Number of open postmarketing commitments 1,339 223

Status of open postmarketing commitments

• Pending 820 (61%) 67 (30%)

• Ongoing 285 (21%) 102 (46%)

• Delayed 25 (2%) 17 (8%)

• Terminated 8 (1%) 2 (1%)

• Submitted 201 (15%) 35 (16%)

Concluded studies 349 52

• Commitment met 240 (69%) 47 (90%)

• Commitment not met 0 (0%) 1 (2%)

• Study no longer needed or feasible 109 (31%) 4 (8%)

Open postmarketing commitments with annual report due but not received 289 (22%) 77 (35%)

Dated: May 12, 2003. Cooperative Agreement for fiscal year training to a full range of primary care Jeffrey Shuren, (FY) 2003 to Plan, Develop, Implement, and allied health providers emphasizing Assistant Commissioner for Policy. and Operate a Continuing Clinical cultural competency and distance [FR Doc. 03–12720 Filed 5–20–03; 8:45 am] Education Program in the Pacific Basin. learning; developing a needs assessment BILLING CODE 4160–01–S The purpose of this Cooperative to identify the specific educational Agreement is to plan, develop, needs and develop curricula and recruit implement and operate a continuing faculty; demonstrate linkages and DEPARTMENT OF HEALTH AND clinical education (CCE) program in the relationships within all six island HUMAN SERVICES U.S-Associated Pacific Islands. Six jurisdictions; and establish an advisory island jurisdictions comprise the U.S.- board with all six island jurisdictions Health Resources and Services Associated Pacific Basin: American represented. Administration Samoa, the Commonwealth of the North The Pacific Basin health care HRSA–03–87 Notice of Cooperative Mariana Islands, Guam, the Federated workforce is comprised of Pacific Basin Agreement to Plan, Develop, States of Micronesia, the Republic of the Medical Officers and other primary care Implement, and Operate a Continuing Marshall Islands and the Republic of providers (family physicians, general Clinical Education Program in the Palau. A cooperative agreement will be internists, general pediatricians, dental Pacific Basin (CPAC) CFDA Number awarded to assist the eligible entity to professionals, physician assistants, 93.884 develop, implement and operate a CCE nurses, health assistants, and allied program in the U.S.-Associated Pacific health workers). Allied Health The Health Resources and Services Basin. The goal is to meet the needs of professionals include health Administration (HRSA) announces that the health care workforce in all six professionals who have received a applications will be accepted for a island jurisdictions by providing certificate, an associate’s degree, a

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bachelor’s degree, a master’s degree, a students, interns (including interns in Background doctoral degree, or post baccalaureate internships in osteopathic medicine), training, in a science relating to health residents, or practicing physicians that HRSA’s mission is to improve the care. Allied health professionals may emphasizes training for the practice of Nation’s health by assuring equitable include, but are not limited to, speech family medicine, general internal access to comprehensive, quality health pathologists, physical therapists, medicine, or general pediatrics. Section care for all. In addressing this goal, physical therapy assistants, 755, as amended, authorizes grants to HRSA’s Bureau of Health Professions nutritionists, dental hygienists, dental assist allied health programs in meeting has responsibility for the education of assistants, medical technologists, the costs associated with expanding or health professionals. cytotechnologists, laboratory assistants, establishing programs that will increase The Institute of Medicine (IOM) was medical informaticians, respiratory the number of individuals trained in commissioned by HRSA in the late therapists, occupational therapists, allied health professions, which may 1990s to examine the health needs of ultrasound technicians, sonographists, include those that provide career the populations in the U.S.-Associated nuclear medicine technicians, advancement training for practicing Pacific Islands. The IOM made radiography technicians, clinical allied health professionals. recommendations for improvement of psychologists, social workers, and jurisdictional health needs in their counselors. Although these primary care Federal Involvement report, ‘‘Pacific Partnerships for Health: and allied health care providers may Charting a Course for the 21st Century,’’ The Federal role in the conduct of this have the same title as primary care and January 1998. The four key cooperative agreement is substantial and allied health care providers in the recommendations were (1) adopt and will be maintained by HRSA’s Bureau of United States, their skill levels and the support a viable system of community- Health Professions (BHPr), Division of roles they perform can be quite different based primary and preventive health Medicine and Dentistry (DMD) staff from their U.S. counterparts. This care; (2) improve coordination within through technical assistance and Cooperative Agreement program will and between the jurisdictions and the guidance to the grantee beyond the support a wide range of objectives to U.S.; (3) increase community normal stewardship responsibilities in meet the needs of the primary care and involvement and investment in health the administration of grant awards. The allied health care providers in the care; and (4) promote the education and Federal Government will provide Pacific Basin. training of the health care workforce. Eligible entities are required to use technical assistance and advice with respect to the following activities: One of the main focuses for BHPr is funds in collaboration with two or more to promote continuing clinical disciplines Activities conducted under 1. Planning, development, education for primary care and allied this cooperative should include: (a) The administration, and evaluation of all health care providers. This is consistent recruitment of representatives from all phases of the program, including all with IOM recommendation number six jurisdictions that will comprise an curricula developed for the program, the four. The goal is to maintain and Advisory Committee responsible for content and staffing of faculty training, improve the clinical capacity of primary providing appropriate input to all key and the review of the evaluation plan care and allied health care providers in aspects of the project and to facilitate for the project initiated at its inception; the Pacific Basin, especially for the conducting the clinical education 2. Reviewing and approving the plans Medical Officers trained in the HRSA- courses; (b) a needs assessment for all at the end of the curriculum supported Pacific Basin Medical Officer six jurisdictions in the Pacific Basin to development phase of the project to Training Program (whose operations identify their specific educational assure appropriate direction and terminated on December 31, 1996). needs; (c) the recruitment of faculty and redirection of activities, if necessary; BHPr’s focus will help improve the the development of curricula that will health status of Pacific Basin residents meet the needs of all six jurisdictions; 3. Participation in all appropriate meetings, committees, conference calls, and support a viable system of (d) the development, implementation community-based primary care. and operation of on-site and distance and working groups related to the Furthermore, this will improve the learning continuing clinical education Cooperative Agreement and its projects; overall system of primary, preventive, programs for the primary care and allied 4. Reviewing and approving the and allied health care in the Pacific health care providers in all six curricula vitae documenting the Basin and lead to overall sustainability jurisdictions of the Pacific Basin; and credentials and experience for selection of program efforts. (d) cultural competency training that to the Advisory Committee and Applicants to this Cooperative emphasizes sensitivity to cultural proposed members; and differences, socioeconomic factors and Agreement must focus on planning, 5. Reviewing and approving the geographic issues that impact the developing, implementing and curriculum development phase to the population in the Pacific Basin. operating a continuing clinical implementation phase of this work. education program that will meet the Authorizing Legislation Availability of Funds specific needs of all six jurisdictions in This Cooperative Agreement is the Pacific Basin. solicited under the following authority Up to $400,000 will be available in FY Eligible Applicants of Title VII of the Public Health Service 2003 to fund one award made under this (PHS) Act, Sections 747 and 755. Cooperative Agreement. It is expected Eligible applicants are public or Section 747, as amended, that that funding will be continued to nonprofit private hospitals, accredited authorizes grants to plan, develop and complete a 4-year total project period. It schools of medicine or osteopathic operate, or participate in an approved is expected that awards will be made on medicine, health professions schools, professional training program (including or before September 1, 2003. academic health centers, State or local an approved residency or internship Continuation awards beyond the first governments, or public or private program) in the field of family year of the project period will be based nonprofit entities, including faith-based medicine, internal medicine, or on the achievement of satisfactory and community-based organizations. pediatrics for medical (M.D. and D.O.) progress and the availability of funds. Eligible entities are required to use

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funds in collaboration with two or more or a grantee under section 330 of the Act Review Criteria disciplines. (relating to residents of public housing); The specific review criteria used to Funding Preference (c) Is eligible for certification under review and rank applications are section 1861(aa)(2) of the Social included in the application guidance A funding preference is defined as the Security Act (relating to rural health that will be provided to each potential funding of a specific category or group clinics); or applicant. Peer reviewers will evaluate of approved applications ahead of other (d) Is designated by a State Governor applications based on: (1) The quality of categories or groups of applications. As (in consultation with the medical the applicants’ proposed geographic provided in section 791(a) of the PHS community) as a shortage area or MUC. needs assessment, including addressing Act, a preference will be given to any (Section 799B(6) of the PHS Act.). the needs of underserved populations qualified applicant that meets the and other high risk groups and the criteria for a ‘‘new program’’ under this Allied Health Funding Priority incorporation of distance learning Cooperative Agreement. A ‘‘funding priority’’ is defined as the For the purposes of this Cooperative methodologies; (2) the quality of the favorable adjustment of aggregate review proposed curriculum, including Agreement, all proposed CCE programs scores of individually approved are eligible to be considered as new evaluation of curriculum specific to applications. A funding priority will be geriatrics, oral health, and diabetes; (3) programs; however, applicants cannot given to approved applicants who automatically receive the preference. the applicants’ overall management devote resources to educate and train capabilities, including its ability to Preference will be given to those allied health professionals in areas proposed CCE programs that request the demonstrate strong partnerships with experiencing shortages in the the U.S.-Associated Pacific Island preference and that meet at least four of disciplines of medical technology and the following criteria: jurisdictions and its knowledge of cytotechnology. ongoing HRSA-funded activities in the (1) The mission statement of the To qualify for the priority, the program identifies a specific purpose of Pacific Islands; and (4) the quality of the applicant should satisfactorily proposed outcome measures and this program as being the preparation of demonstrate that this Cooperative health professionals to serve dissemination strategies, including Agreement includes the training of qualitative and quantitative evaluation underserved populations; allied health professionals in areas (2) The curriculum of the program plans and the project’s impact at experiencing shortages in the includes content which will help to multiple levels (local, national, and disciplines of medical technology and prepare practitioners to serve international). Applicants should pay cytotechnology. underserved populations; strict attention to addressing these (3) Substantial clinical training Applicants meeting the funding criteria, as they are the basis upon experience is required under the priority will receive an additional 5 which applications will be judged by program in medically underserved points. Peer reviewers will determine the reviewers. communities; which applications receive the funding The following generic review criteria (4) A minimum of 20% of the clinical priority. are also applicable to this Cooperative faculty of the program spend at least Special Considerations Agreement: 50% of their time providing or (a) That the estimated cost to the supervising care in medically A special consideration is the Government of the project is reasonable underserved communities; enhancement of priority scores by considering the level and complexity of (5) The entire program or a substantial individual merit reviewers of approved activity and the anticipated results. portion of the program is physically applications, because the application (b) That project personnel are well located in a medically underserved addresses special areas of concern. qualified by training and/or experience community; Title VII, section 747(c)(3) provides for the support sought, that project (6) Student assistance, which is for a statutory special consideration to personnel understand the cultural linked to service in medically be given to projects that prepare differences, socioeconomic factors, and underserved communities following practitioners to care for underserved geographic issues that impact the graduation, is available to the students populations and other high risk groups population in the Pacific Basin, and that in the program; and such as the elderly, individuals with the applicant organization or the (7) The program provides a placement HIV/AIDS, substance abusers, homeless organization to provide training has mechanism for deploying graduates to and victims of domestic violence. adequate facilities and manpower. medically underserved communities. An administrative special (c) That insofar as practical, the This statutory general preference will consideration will be given to projects proposed activities, if well executed, are only be applied to applications that rank that propose approaches for enhancing capable of attaining project objectives. above the 20th percentile of current and/or developing new (d) That the project objectives are applications recommended for approval educational opportunities using capable of achieving the specific by the peer review group. distance learning methodologies, with program objectives defined in the The term ‘‘medically underserved the goal of improving access to primary program announcement and the community (MUC)’’ means an urban or health care for medically and/or proposed results are measurable. rural area or population that: dentally underserved communities and/ (e) That the method for evaluating (a) Is eligible for designation under or underserved populations or other proposed results includes criteria for section 332 as a Health Professional high risk groups. The proposed project determining the extent to which the Shortage Area (HPSA); should focus on educational program has achieved its stated (b) Is eligible to be served by a opportunities for trainees and not on objectives and the extent to which the Migrant Health Center under section providing clinical services. accomplishment of objectives can be 330 of the PHS Act, a Community attributed to the program. Statutory Matching or Cost Sharing Health Center under section 330 of the (f) That, insofar as practical, the Requirement Act, a grantee under section 330 of the proposed activities, when Act (relating to homeless individuals), None. accomplished, are replicable, national

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in scope, and include plans for broad Additional Information FOR FURTHER INFORMATION CONTACT: For dissemination. Questions concerning programmatic information about requirements for filing petitions, and the Program in Application Requests, Dates and aspects of this Cooperative Agreement general, contact the Clerk, United States Address may be directed to Ellie Grant, Program Specialist, Primary Care Medical Court of Federal Claims, 717 Madison The Federal Register notice and the Education Branch, Division of Medicine Place, NW., Washington, DC 20005, application form for this Cooperative and Dentistry, Bureau of Health (202) 219–9657. For information on Agreement are available on the HRSA Professions, HRSA. Ms. Grant’s e-mail is HRSA’s role in the Program, contact the Web site address at http:// [email protected] and her telephone Director, National Vaccine Injury bhpr.hrsa.gov/grants. Applicants may number is 301–443–5404. Compensation Program, 5600 Fishers also request a hard copy of these Lane, Room 16C–17, Rockville, MD Paperwork Reduction Act materials from the Division of Grants 20857; (301) 443–6593. Management Operations (CPAC), HRSA The standard application form HRSA– SUPPLEMENTARY INFORMATION: The Grants Application Center (GAC), 901 6025–1, the HRSA Competing Training Program provides a system of no-fault Russell Avenue, Suite 450, Grant Application, has been approved compensation for certain individuals Gaithersburg, MD 20879, telephone by the Office of Management and who have been injured by specified number 1–877–477–2123 or 1–877– Budget (OMB) under the Paperwork childhood vaccines. Subtitle 2 of Title HRSA–123. The GAC e-mail address is Reduction Act. The OMB clearance XXI of the PHS Act, 42 U.S.C. 300aa– [email protected]. If mailing the number is 0915–0060. If the methods for 10 et seq., provides that those seeking application, send the original and two developing the proposed comprehensive compensation are to file a petition with copies of the application to GAC. outcome evaluation of all efforts the U.S. Court of Federal Claims and to delivered through this Cooperative Applicants should note that HRSA serve a copy of the petition on the Agreement (as described in the anticipates accepting grant applications Secretary of Health and Human Background section of this notice) fall online in the last quarter of the Fiscal Services, who is named as the under the purview of the Paperwork Year (July through September). Please respondent in each proceeding. The Reduction Act, awardees will assist refer to the HRSA grants schedule at Secretary has delegated his HRSA in seeking OMB clearance for http://www.hrsa.gov/grants.htm for responsibility under the Program to proposed data collection activities. more information. HRSA. The Court is directed by statute This program is not subject to the to appoint special masters who take Applications for this Cooperative provisions of Executive Order 12372, evidence, conduct hearings as Agreement must be postmarked or Intergovernmental Review of Federal appropriate, and make initial decisions submitted by the due date June 30, Programs (as implemented through 45 as to eligibility for, and amount of, 2003. Applications postmarked after CFR part 100). compensation. this due date or sent to any address Dated: April 23, 2003. A petition may be filed with respect other than the Gaithersburg, MD address Elizabeth M. Duke, to injuries, disabilities, illnesses, will be returned to the applicant and not conditions, and deaths resulting from reviewed. Administrator. [FR Doc. 03–12774 Filed 5–20–03; 8:45 am] vaccines described in the Vaccine Injury National Health Objectives for the Year BILLING CODE 4165–15–P Table (the Table) set forth at section 2010 2114 of the PHS Act or as set forth at 42 CFR 100.3, as applicable. This Table The PHS urges applicants to submit DEPARTMENT OF HEALTH AND lists for each covered childhood vaccine their work plans that address specific HUMAN SERVICES the conditions which will lead to Federal workforce objectives. These compensation and, for each condition, objectives are stated in the DHHS Health Resources and Services the time period for occurrence of the publication Healthy People 2010, dated Administration first symptom or manifestation of onset January 2000. The Internet address for or of significant aggravation after this document is: http:// National Vaccine Injury Compensation vaccine administration. Compensation www.health.gov/healthypeople/, or you Program; List of Petitions Received may also be awarded for conditions not may call 1–800–367–4725 for AGENCY: Health Resources and Services listed in the Table and for conditions information. Particular attention should Administration, HHS. that are manifested after the time focus on Healthy People 2010 such as ACTION: Notice. periods specified in the Table, but only Objective 21 (oral health); and Objective if the petitioner shows that the 23–8 (incorporating specific SUMMARY: The Health Resources and condition was caused by one of the competencies in the public health Services Administration (HRSA) is listed vaccines. workforce). publishing this notice of petitions Section 2112(b)(2) of the PHS Act, 42 Smoke-Free Workplace received under the National Vaccine U.S.C. 300aa–12(b)(2), requires that the Injury Compensation Program (‘‘the Secretary publish in the Federal The PHS strongly encourages all grant Program’’), as required by section Register a notice of each petition filed. recipients to provide a smoke-free 2112(b)(2) of the Public Health Service Set forth below is a list of petitions workplace; to promote the non-use of all (PHS) Act, as amended. While the received by HRSA on October 1, 2002, tobacco products; and to promote Public Secretary of Health and Human Services through December 31, 2002. Law 103–227, the Pro-Children Act of is named as the respondent in all Section 2112(b)(2) also provides that 1994, which prohibits smoking in proceedings brought by the filing of the special master ‘‘shall afford all certain facilities that receive Federal petitions for compensation under the interested persons an opportunity to funds in which education, library, day Program, the United States Court of submit relevant, written information’’ care, health care, and early childhood Federal Claims is charged by statute relating to the following: development services are provided to with responsibility for considering and 1. The existence of evidence ‘‘that children. acting upon the petitions. there is not a preponderance of the

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evidence that the illness, disability, 7. Dee and Dino Ferra on behalf of Ryan 33. Donna Feld on behalf of Joseph Feld, injury, condition, or death described in Ferra, Hackensack, New Jersey, Court of Boston, Massachusetts, Court of Federal the petition is due to factors unrelated Federal Claims Number 02–1292V Claims Number 02–1320V 8. Wendy and Eric Dietsche on behalf of 34. Carolyn Beyers on behalf of Cameron to the administration of the vaccine Katelyn Dietsche, Chattanooga, Tennessee, Beyers, Boston, Massachusetts, Court of described in the petition,’’ and Court of Federal Claims Number 02–1293V Federal Claims Number 02–1321V 2. Any allegation in a petition that the 9. Amy and Ryan Reed on behalf of Arik 35. Stacy Alvarez on behalf of Ariana petitioner either: Reed, Portland, Oregon, Court of Federal Alvarez, Boston, Massachusetts, Court of (a) ‘‘Sustained, or had significantly Claims Number 02–1295V Federal Claims Number 02–1322V aggravated, any illness, disability, 10. Amy and Ryan Reed on behalf of Kadin 36. Stacy Alvarez on behalf of Hunter injury, or condition not set forth in the Reed, Portland, Oregon, Court of Federal Alvarez, Boston, Massachusetts, Court of Claims Number 02–1296V Federal Claims Number 02–1323V Table but which was caused by’’ one of 11. Doris Brown on behalf of Nathayn Brown, 37. Mary Etebari on behalf of Brandon the vaccines referred to in the Table, or Portland, Oregon, Court of Federal Claims Etebari, Boston, Massachusetts, Court of (b) ‘‘Sustained, or had significantly Number 02–1297V Federal Claims Number 02–1324V aggravated, any illness, disability, 12. Judy Nichols on behalf of Jack Nichols, 38. Alexandra Givens and J. Mortimer injury, or condition set forth in the Portland, Oregon, Court of Federal Claims O’Sullivan on behalf of Reed Gilmore Table the first symptom or Number 02–1298V O’Sullivan, New York, New York, Court of manifestation of the onset or significant 13. R. Charles Ellis on behalf of Frederick W. Federal Claims Number 02–1325V Ellis, Portland, Oregon, Court of Federal 39. Melissa and Richard Webber on behalf of aggravation of which did not occur Claims Number 02–1299V Lawrence B. Webber, Melbourne, Florida, within the time period set forth in the 14. Dana and Craig Knapp on behalf of Court of Federal Claims Number 02–1329V Table but which was caused by a Andrew Knapp, Portland, Oregon, Court of 40. Fatmeh and Ahmad Shihadeh on behalf vaccine’’ referred to in the Table. Federal Claims Number 02–1300V of Sammy Shihadeh, Melbourne, Florida, This notice will also serve as the 15. Susan Fortino on behalf of Brandon Court of Federal Claims Number 02–1330V special master’s invitation to all Fortino, Portland, Oregon, Court of Federal 41. Jacqueline and David Mancini on behalf interested persons to submit written Claims Number 02–1301V of Adriana Mancini, Melbourne, Florida, 16. Michelle and Bruce McPherran on behalf Court of Federal Claims Number 02–1331V information relevant to the issues of Stuart McPherran, Portland, Oregon, 42. Maureen and Kenneth Wilkerson on described above in the case of the Court of Federal Claims Number 02–1302V behalf of Carter Wilkerson, Melbourne, petitions listed below. Any person 17. Michelle and Bruce McPherran on behalf Florida, Court of Federal Claims Number choosing to do so should file an original of Kaylen McPherran, Portland, Oregon, 02–1332V and three (3) copies of the information Court of Federal Claims Number 02–1303V 43. Maureen and Kenneth Wilkerson on with the Clerk of the U.S. Court of 18. Kelly Church on behalf of Jordan Church, behalf of Connor Wilkerson, Melbourne, Federal Claims at the address listed Portland, Oregon, Court of Federal Claims Florida, Court of Federal Claims Number above (under the heading ‘‘For Further Number 02–1304V 02–1333V 19. Kristian Kabasares on behalf of Chad 44. William McAllister on behalf of David Information Contact’’), with a copy to Kabasares, Portland, Oregon, Court of Edward McAllister, Richmond, Virginia, HRSA addressed to Director, Division of Federal Claims Number 02–1305V Court of Federal Claims Number 02–1334V Vaccine Injury Compensation Program, 20. Shelley and Lori Winn on behalf of Justin 45. Georgia and Keith Meuller on behalf of Office of Special Programs, 5600 Fishers Winn, Portland, Oregon, Court of Federal Keith C. Meuller, Houston, Texas, Court of Lane, Room 16C–17, Rockville, MD Claims Number 02–1306V Federal Claims Number 02–1336V 20857. The Court’s caption (Petitioner’s 21. Jodie Lynn Lovern on behalf of Alexander 46. Mary and Kent Brauninger on behalf of Name v. Secretary of Health and Human Lovern, Portland, Oregon, Court of Federal Max Brauninger, Houston, Texas, Court of Services) and the docket number Claims Number 02–1307V Federal Claims Number 02–1337V 22. Lisa Baumann on behalf of Brett 47. Jeanne and Edward Happel on behalf of assigned to the petition should be used Baumann, Portland, Oregon, Court of Keith Happel, Vienna, Virginia, Court of as the caption for the written Federal Claims Number 02–1308V Federal Claims Number 02–1338V submission. 23. Shelley Segal on behalf of Joshua Segal, 48. Lisa Ventimiglia on behalf of Natalie Chapter 35 of title 44, United States Terre Haute, Indiana, Court of Federal Ventimiglia, Vienna, Virginia, Court of Code, related to paperwork reduction, Claims Number 02–1309V Federal Claims Number 02–1339V does not apply to information required 24. Jacqueline and Orlando Hislop on behalf 49. Lisa Ventimiglia on behalf of Dominic for purposes of carrying out the of Catalina E. Hislop, Melbourne, Florida, Ventimiglia, Vienna, Virginia, Court of Court of Federal Claims Number 02–1310V Federal Claims Number 02–1340V Program. 25. Keri and Brian Elwell on behalf of Kaylie 50. Wendy Beasley on behalf of Connor List of Petitions J. Elwell, Melbourne, Florida, Court of Beasley, Vienna, Virginia, Court of Federal Federal Claims Number 02–1311V Claims Number 02–1341V 1. Lisa and Maximo Salinas on behalf of Eric 26. Beth Pearce and Wayne Bosch on behalf 51. Beverly Willis on behalf of Benjamin Alfred Salinas, Richmond, Virginia, Court of Victoria C. Bosch, Melbourne, Florida, Willis, Vienna, Virginia, Court of Federal of Federal Claims Number 02–1286V Court of Federal Claims Number 02–1312V Claims Number 02–1342V 2. Kimberly and Jason Murray on behalf of 27. Cheryl and Jerald Difiglio on behalf of 52. Howard Sobelman on behalf of Tyler Emily Renee Murray, Richmond, Virginia, Anthony J. Difiglio, Melbourne, Florida, Sobelman, Vienna, Virginia, Court of Court of Federal Claims Number 02–1287V Court of Federal Claims Number 02–1313V Federal Claims Number 02–1343V 3. Chauncey and Robert Ford on behalf of 28. Donna and Bruce Anderson on behalf of 53. Cynthia Johnson, Vienna, Virginia, Court Logan Davis Ford, Richmond, Virginia, Ryan Anderson, Melbourne, Florida, Court of Federal Claims Number 02–1344V Court of Federal Claims Number 02–1288V of Federal Claims Number 02–1314V 54. Anita Greene, Raleigh, North Carolina, 4. Margie and John Eyman on behalf of Ian 29. Martha Lin and Ned Benfield on behalf Court of Federal Claims Number 02–1348V Carter Eyman, Richmond, Virginia, Court of Elia C. Benfield, Melbourne, Florida, 55. Jacquelyn and Christopher Brooks on of Federal Claims Number 02–1289V Court of Federal Claims Number 02–1315V behalf of Christopher Jonathyn Brooks, Los 5. Virginia and Daniel Dougherty on behalf 30. Carol Lazar, Los Angeles, California, Angeles, California, Court of Federal of Austin Daniel Dougherty, Richmond, Court of Federal Claims Number 02–1316V Claims Number 02–1352V Virginia, Court of Federal Claims Number 31. Michael Kerr on behalf of Eric Kerr, 56. Jeanette Early on behalf of Jameliah 02–1290V Boston, Massachusetts, Court of Federal Chantel Early, Torrance, California, Court 6. Amy and Dennis Colannino on behalf of Claims Number 02–1318V of Federal Claims Number 02–1353V Adam Michael Colannino, Richmond, 32. Donna Feld on behalf of Joshua Feld, 57. Kerry and Steven Cooper on behalf of Virginia, Court of Federal Claims Number Boston, Massachusetts, Court of Federal Aidan Scott Cooper, Richmond, Virginia, 02–1291V Claims Number 02–1319V Court of Federal Claims Number 02–1354V

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58. Keisha and Jacob Grillo on behalf of 80. Londa and Jerry Corcoran on behalf of 103. Fonda and D. Scott DuPre on behalf of Malachi Daniel Grillo, Rolla, Missouri, Jacob Corcoran, Portland, Oregon, Court of Joseph Scott DuPre, Salisbury, North Court of Federal Claims Number 02–1355V Federal Claims Number 02–1381V Carolina, Court of Federal Claims Number 59. Cheryl and Mark Sprado on behalf of 81. Brian Peterson on behalf of Jack Peterson, 02–1410V Jason Tyler Sprado, Orlando, Florida, Portland, Oregon, Court of Federal Claims 104. Melissa and Carl Oliver on behalf of Court of Federal Claims Number 02–1356V Number 02–1382V Kenny Wayne Oliver, Salisbury, North 60. Cynthia and Eddie Stanley on behalf of 82. Domenick Venditti on behalf of Jake Carolina, Court of Federal Claims Number Armand Porche-Tyrell Stanley, Lancaster, Venditti, Vienna, Virginia, Court of Federal 02–1411V Pennsylvania, Court of Federal Claims Claims Number 02–1384V 105. Melissa and Carl Oliver on behalf of Number 02–1357V 83. Carol Nigro on behalf of Matthew Nigro, Amanda Diane Oliver, Salisbury, North 61. Jacqueline and Bryant Yearby on behalf Vienna, Virginia, Court of Federal Claims Carolina, Court of Federal Claims Number of Omari Bryant Yearby, North Babylon, Number 02–1385V 02–1412V New York, Court of Federal Claims 84. Celeste Demarsico on behalf of Isaak 106. Annette and Dennis Alexander on behalf Number 02–1358V Demarsico, Vienna, Virginia, Court of of Lauren D. Alexander, Salisbury, North 62. Cynthia and Ramido Ramirez on behalf Federal Claims Number 02–1386V Carolina, Court of Federal Claims Number of Destiny Alexis Ramirez, Casa Grande, 85. Susan Andrews on behalf of Joseph 02–1413V Arizona, Court of Federal Claims Number Andrews, Vienna, Virginia, Court of 107. Elizabeth Steenbergen on behalf of 02–1359V Federal Claims Number 02–1387V Samuel T. Steenbergen, Miami, Florida, 63. Gloria and Michael Ponosuk on behalf of 86. Faith Ingersoll on behalf of Kyle Ingersoll, Court of Federal Claims Number 02–1414V Alyssa Jade Ponosuk, Hackensack, New Vienna, Virginia, Court of Federal Claims 108. Cherie Gates on behalf of Riyo Gates, Jersey, Court of Federal Claims Number Number 02–1388V Miami, Florida, Court of Federal Claims 87. Kristi Pool on behalf of Abigail Pool, Number 02–1415V 02–1360V Vienna, Virginia, Court of Federal Claims 109. Rayshawn Lockhart on behalf of Noah 64. Courtney Shorter on behalf of Christopher Number 02–1389V Lockhart, Miami, Florida, Court of Federal Barnett, Miami, Florida, Court of Federal 88. Sid Armer, Vienna, Virginia, Court of Claims Number 02–1416V Claims Number 02–1361V Federal Claims Number 02–1390V 110. Cheryl Lee Stanescu on behalf of 65. Lisa and Stephen Finn on behalf of Sean 89. Lisa Duff-Dugan, Fort Wayne, Indiana, Nicholad Stanescu, Miami, Florida, Court P. Finn, Melbourne, Florida, Court of Court of Federal Claims Number 02–1391V of Federal Claims Number 02–1417V Federal Claims Number 02–1362V 90. Pam and Randy Coyne on behalf of 111. Cheryl Lee Stanescu on behalf of 66. Toya and Barry Cunningham on behalf of Carson Coyne, Jackson, Tennessee, Court of Gabrielle Stanescu, Miami, Florida, Court Barry Cunningham, Jr., Charleston, South Federal Claims Number 02–1392V of Federal Claims Number 02–1418V Carolina, Court of Federal Claims Number 91. Jennifer and James Clawson on behalf of 112. Dawn and Jerril Fant on behalf of Lynze 02–1365V Sarah Danielle Clawson, Salisbury, North Fant, Memphis, Tennessee, Court of 67. Kristen and Timothy Fisher on behalf of Carolina, Court of Federal Claims Number Federal Claims Number 02–1419V Katherine Linsey Fisher, Dallas, Texas, 02–1397V 113. Harry Gibson on behalf of Christian Court of Federal Claims Number 02–1366V 92. Lori and Christian McIlwain on behalf of Vilchis, Vienna, Virginia, Court of Federal 68. Stacie and Jeffrey Brown on behalf of Connor Joseph McIlwain, Salisbury, North Claims Number 02–1421V Jonathan Christian Brown, Oakland, Carolina, Court of Federal Claims Number 114. Cindy Whitby on behalf of Ronnie California, Court of Federal Claims Number 02–1398V Whitby, Vienna, Virginia, Court of Federal 02–1369V 93. Allison and Daniel Weeks on behalf of Claims Number 02–1422V 69. Michelle and Kenneth Bowe on behalf of Hayden F. Weeks, Salisbury, North 115. Tonya Taylor on behalf of Noah Taylor- Brandon Bowe, Smithtown, New York, Carolina, Court of Federal Claims Number Ortiz, Vienna, Virginia, Court of Federal Court of Federal Claims Number 02–1370V 02–1399V Claims Number 02–1423V 70. Elizabeth and Reginald Sharp on behalf 94. Paula and Michael Rader on behalf of 116. Amanda Meyers on behalf of Abigail of Christopher James Peter Sharp, Nicolas Austin Rader, Salisbury, North Meyers, Vienna, Virginia, Court of Federal Scottsdale, Arizona, Court of Federal Carolina, Court of Federal Claims Number Claims Number 02–1424V Claims Number 02–1371V 02–1400V 117. Ruth Davis on behalf of Akiva Davis, 71. Kara and Kelly Drake on behalf of Dalton 95. Deborah and Brian Flagg on behalf of Vienna, Virginia, Court of Federal Claims Richard Drake, Elmore, Minnesota, Court Devin P. Flagg, Salisbury, North Carolina, Number 02–1425V of Federal Claims Number 02–1372V Court of Federal Claims Number 02–1401V 118. James Ramey on behalf of Johnathan 72. Janetta and Ronald Miller on behalf of 96. Cynthia and Johnny Lambert on behalf of Ramey, Vienna, Virginia, Court of Federal Anthony Dean Miller, Inglewood, Johnny W. Lambert, Salisbury, North Claims Number 02–1426V California, Court of Federal Claims Number Carolina, Court of Federal Claims Number 119. Margaret Merenda on behalf of Anthony 02–1373V 02–1402V Merenda, Vienna, Virginia, Court of 73. Tammy and Ronnie Jones on behalf of 97. Cynthia and Michael Stirk on behalf of Federal Claims Number 02–1427V Brandon Isaiah Jones, Dothan, Alabama, Michael Hunter Stirk, Salisbury, North 120. Lisa Lewis on behalf of Ethan B. Lewis, Court of Federal Claims Number 02–1374V Carolina, Court of Federal Claims Number Vienna, Virginia, Court of Federal Claims 74. Kelly Barnhill on behalf of Fletcher 02–1403V Number 02–1428V Barnhill, Boston, Massachusetts, Court of 98. Natasha Switkovitz on behalf of 121. Barbara Pontius on behalf of William D. Federal Claims Number 02–1375V Marcellous Shemar Shuttles, Grand Pontius, Vienna, Virginia, Court of Federal 75. Joann Mrozinsky on behalf of Fletcher Rapids, Michigan, Court of Federal Claims Claims Number 02–1429V Barnhill and Ryan Dead, Boston, Number 02–1404V 122. Barry Gore on behalf of Chayley Allison Massachusetts, Court of Federal Claims 99. Lisa and Christopher Miller on behalf of Gore, Vienna, Virginia, Court of Federal Number 02–1376V Christopher Chase Miller, Philadelphia, Claims Number 02–1430V 76. Sonia and Chuck Young on behalf of Pennsylvania, Court of Federal Claims 123. Nancy and Steven Gard on behalf of Emelie S. Young, Melbourne, Florida, Number 02–1405V Maverick Gard, Vienna, Virginia, Court of Court of Federal Claims Number 02–1377V 100. Elizabeth and Thomas Steenbergen on Federal Claims Number 02–1431V 77. Rhonda and Robert Lofland on behalf of behalf of Samuel Steenbergen, Great Neck, 124. Linda Flower on behalf of Robert L. Barrett Lofland, Great Neck, New York, New York, Court of Federal Claims Elder, Vienna, Virginia, Court of Federal Court of Federal Claims Number 02–1378V Number 02–1407V Claims Number 02–1432V 78. Kimberly K. Dennie on behalf of Calvin 101. Jose Brito and Lourdes Rivero-Brito on 125. Sara and Matt Bytk on behalf of Michael M. Dennie, Indianapolis, Indiana, Court of behalf of Ariel J. Brito, Melbourne, Florida, Bytk, Vienna, Virginia, Court of Federal Federal Claims Number 02–1379V Court of Federal Claims Number 02–1408V Claims Number 02–1433V 79. LaKesha Mitchell on behalf of Taivis 102. Anita and Paul Dost on behalf of Lauren 126. Cindy Alexander on behalf of Alton Byron Mitchell, Portland, Oregon, Court of Paige Dost, Salisbury, North Carolina, Alexander, Vienna, Virginia, Court of Federal Claims Number 02–1380V Court of Federal Claims Number 02–1409V Federal Claims Number 02–1434V

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127. Joseph Landy on behalf of Tyler Landy, 152. Cortney Elizabeth Goldberg on behalf of 176. Cecilia Thompson on behalf of Sarah Vienna, Virginia, Court of Federal Claims Jacob Nash Goldberg, Royal Oak, Michigan, Thompson, Boston, Massachusetts, Court Number 02–1435V Court of Federal Claims Number 02–1475V of Federal Claims Number 02–1506V 128. Glenda Faye Mathes, Pella, Iowa, Court 153. Gene Velchek, Decatur, Illinois, Court of 177. Alberto Espinosa on behalf of Christian of Federal Claims Number 02–1436V Federal Claims Number 02–1479V Espinosa, Boston, Massachusetts, Court of 129. Dawn and Tony Turner on behalf of 154. Laurie Christiansen on behalf of Federal Claims Number 02–1507V Austin Brady Turner, Dallas, Texas, Court Raymond Christiansen, Boston, 178. Kathleen Jurkowich on behalf of Austin of Federal Claims Number 02–1437V Massachusetts, Court of Federal Claims Jurkowich, Boston, Massachusetts, Court of 130. Kathleen Caldwell on behalf of Scott Number 02–1480V Federal Claims Number 02–1508V Caldwell, Boston, Massachusetts, Court of 155. Laurie Christiansen on behalf of 179. Scott Carlson on behalf of Matthew Federal Claims Number 02–1438V Matthew Christiansen, Boston, Carlson, Boston, Massachusetts, Court of 131. Marylou Plummer on behalf of Massachusetts, Court of Federal Claims Federal Claims Number 02–1509V Christopher Plummer, Boston, Number 02–1481V 180. Kimberly Haltom on behalf of Justin Massachusetts, Court of Federal Claims 156. Darlene Waters-D’India on behalf of Haltom, Boston, Massachusetts, Court of Michael David D’India, Boston, Federal Claims Number 02–1510V Number 02–1439V Massachusetts, Court of Federal Claims 181. Monica Schons on behalf of Nicholas 132. Rebecca Carlson on behalf of Ethan Number 02–1482V Schons, Boston, Massachusetts, Court of Carlson, Boston, Massachusetts, Court of 157. Marjorie Shulsinger on behalf of Rachel Federal Claims Number 02–1511V Federal Claims Number 02–1440V Shulsinger, Boston, Massachusetts, Court 182. Rasheeda McAllister on behalf of 133. Joshua Carter, Boston, Massachusetts, of Federal Claims Number 02–1483V Braxton Alford, Charleston, South Court of Federal Claims Number 02–1441V 158. Jennifer Dick on behalf of Jared Dick, Carolina, Court of Federal Claims Number 134. Amy Jones on behalf of Meghan Boston, Massachusetts, Court of Federal 02–1512V Elizabeth Jones, Twin Falls, Idaho, Court of Claims Number 02–1484V 183. Kelly Matthew and Nick Joseph on Federal Claims Number 02–1445V 159. Carrie Hammers on behalf of Ian behalf of Bridgette Joseph, Melbourne, 135. Piedad Sanchez on behalf of Carlos Hammers, Boston, Massachusetts, Court of Florida, Court of Federal Claims Number Narjes, Orlando, Florida, Court of Federal Federal Claims Number 02–1485V 02–1513V Claims Number 02–1446V 160. Martha Anderson on behalf of Woodrow 184. Clay Heighton and Debra Caudy on 136. Charlotte Cook on behalf of Kylah C. Pugh, Boston, Massachusetts, Court of behalf of Jon Brigham Heighton, Dallas, Cook, Alexandria, Virginia, Court of Federal Claims Number 02–1486V Texas, Court of Federal Claims Number Federal Claims Number 02–1448V 161. Jantha and Samuel Houston on behalf of 02–1524V 137. Martha Bridges on behalf of Victoria Donald Gray Houston, Houston, Texas, 185. Joanne Blair and Malae Pete on behalf Bridges, Alexandria, Virginia, Court of Court of Federal Claims Number 02–1487V of Malaetasi Sue-Sue Blair-Pete, San Pedro, Federal Claims Number 02–1449V 162. Charlotte Kemper on behalf of Sullivan California, Court of Federal Claims Number 138. Randy and Matthew Hutton on behalf of Kemper, Vienna, Virginia, Court of Federal 02–1525V Billie K. Hutton, Alexandria, Virginia, Claims Number 02–1489V 186. Karen and David Smith on behalf of Court of Federal Claims Number 02–1450V 163. Carolyn Reed, Vienna, Virginia, Court of David Edward Smith, New Orleans, 139. Corkie and William Cline on behalf of Federal Claims Number 02–1490V Louisiana, Court of Federal Claims Number Jared Cline, Alexandria, Virginia, Court of 164. Michelle Howie on behalf of Kaleigh 02–1526V Federal Claims Number 02–1451V Briele Grimes, Vienna, Virginia, Court of 187. Marie and Ed Winegardner on behalf of 140. Allison and David Bell on behalf of Federal Claims Number 02–1491V Damon Edward Fuzz Winegardner, Aiden Bell, Salt Lake City, Utah, Court of 165. Sherry and Scott Pearson on behalf of Logansport, Indiana, Court of Federal Federal Claims Number 02–1452V Tristen Lloyd Pearson, Nacogdoches, Claims Number 02–1527V 141. Jennifer and Gabriel Venuto on behalf of Texas, Court of Federal Claims Number 188. Frances and Ricky Peralta on behalf of Tommy Venuto, Philadelphia, 02–1492V Ricky Quitasol Peralta, San Diego, Pennsylvania, Court of Federal Claims 166. Christine and Lee Kiester on behalf of Carolina, Court of Federal Claims Number Number 02–1453V Connor William Kiester, Roseburg, Oregon, 02–1528V 142. Linda and Robert Malecky on behalf of Court of Federal Claims Number 02–1493V 189. Melissa Williams on behalf of Andrew Margaret Malecky, Lansdale, Pennsylvania, 167. Tracie McNeil on behalf of Jontrell Dante Williams, Selma, Alabama, Court of Court of Federal Claims Number 02–1461V Rayveen Pritchett, Flint, Michigan, Court Federal Claims Number 02–1532V of Federal Claims Number 02–1494V 190. Lea Bass on behalf of Augus Anthony 143. Cynthia Sauer on behalf of Christopher 168. Patricia and Don Adams on behalf of Bass, Torrance, California, Court of Federal Sauer, Vienna, Virginia, Court of Federal Christian Adrian Adams, Chula Vista, Claims Number 02–1533V Claims Number 02–1464V California, Court of Federal Claims Number 191. Janoah White on behalf of Marshawn 144. Willa Tyler on behalf of Jonathan Tyler, 02–1495V Antonio Burrell, Chicago, Illinois, Court of Vienna, Virginia, Court of Federal Claims 169. Lydia Lynk on behalf of Nailah Kyarah Federal Claims Number 02–1534V Number 02–1465V Lynk, Chicago, Illinois, Court of Federal 192. Linda Kaye Schiding on behalf of 145. Terry and Jon Poling on behalf of Claims Number 02–1496V Anthony Joseph Thomas, Baltimore, Hannah Poling, Vienna, Virginia, Court of 170. Theresa Goosby and Michael Brickner Maryland, Court of Federal Claims Number Federal Claims Number 02–1466V on behalf of Mikel Eric Brickner, 02–1535V 146. Mark Friedman on behalf of Johnathan Coraopoloa, Pennsylvania, Court of Federal 193. Eletha Eades on behalf of Nathan Friedman, Houston, Texas, Court of Claims Number 02–1497V Kenneth Eades, Tonopah, Nevada, Court of Federal Claims Number 02–1467V 171. Gerri and Edward Graboski on behalf of Federal Claims Number 02–1536V 147. Christina and Bruce Dowlen on behalf Andrew Edward Graboski, Staten Island, 194. Barbara Ramirez on behalf of Katherine of Chase Dowlen, Melbourne, Florida, New York, Court of Federal Claims Ramirez, Yarmouth, Maine, Court of Court of Federal Claims Number 02–1468V Number 02–1501V Federal Claims Number 02–1538V 148. Barbara Russick on behalf of Alyssa 172. Carol and Greg Fuller on behalf of Blake 195. Barbara Ramirez on behalf of Aaron Russick, Millville, New Jersey, Court of Garrison Fuller, Cincinnati, Ohio, Court of Ramirez, Yarmouth, Maine, Court of Federal Claims Number 02–1469V Federal Claims Number 02–1502V Federal Claims Number 02–1539V 149. Lisa and John Sportelli-Wright on behalf 173. Patricia Noble on behalf of Zachary 196. Debra and Richard Levinton on behalf of Ean Sportelli-Wright, Dallas, Texas, Noble, Boston, Massachusetts, Court of of Molly Hannah Levinton, Sugar Land, Court of Federal Claims Number 02–1470V Federal Claims Number 02–1503V Texas, Court of Federal Claims Number 150. Dorothy and Michael Marue on behalf 174. La’Kesha Ray on behalf of Derrick Ray, 02–1540V of Paul Marue, Trenton, New Jersey, Court Jr., Boston, Massachusetts, Court of Federal 197. Peggy and Timothy Casey on behalf of of Federal Claims Number 02–1471V Claims Number 02–1504V Jennifer Elise Casey, Hinsdale, Illinois, 151. Donna and Earl Lewis on behalf of 175. Alina White on behalf of Marquise Court of Federal Claims Number 02–1541V Logan Lewis, Baton Rouge, Louisiana, White, Boston, Massachusetts, Court of 198. Betty and Leon Cooper on behalf of Court of Federal Claims Number 02–1473V Federal Claims Number 02–1505V Tianna Latrice Cooper, Natchez,

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Mississippi, Court of Federal Claims 222. Jeanine Dillon on behalf of Janaca 247. Felicia Banks on behalf of Frederick Number 02–1542V Dillon, Houston, Texas, Court of Federal Felisco Van Norman, Houston, Texas, 199. Sonya and Fred Theilen on behalf of Claims Number 02–1571V Court of Federal Claims Number 02–1596V Anastasia Elizabeth Theilen, Springfield, 223. Jeanine Dillon on behalf of Tra’Vione 248. Lavonne M. Belton on behalf of Jimmie Illinois, Court of Federal Claims Number Bates, Houston, Texas, Court of Federal Lee Belton, Houston, Texas, Court of 02–1543V Claims Number 02–1572V Federal Claims Number 02–1597V 200. Rhonda and Lee Weber on behalf of 224. May Good on behalf of Devin Devinski 249. Lavonne M. Belton on behalf of Rober Ryan Lee Weber, Frankfort, Kentucky, Reshad Good, Houston, Texas, Court of Lee Belton, Jr., Houston, Texas, Court of Court of Federal Claims Number 02–1544V Federal Claims Number 02–1573V Federal Claims Number 02–1598V 201. Mary and Jeff Dillard on behalf of 225. May Good on behalf of Kentadrin 250. Erica Jones on behalf of Solomon John Claudia Amanda Dillard, Birmingham, Shunntez Good, Houston, Texas, Court of Ben Jones, Houston, Texas, Court of Alabama, Court of Federal Claims Number Federal Claims Number 02–1574V Federal Claims Number 02–1599V 02–1545V 226. LaQuanda Lewis on behalf of MyKayla 251. Cora Haynes on behalf of Jadale Lamon 202. Christine and Stephen Spanola on Ware, Houston, Texas, Court of Federal Haynes, Houston, Texas, Court of Federal behalf of Joseph Spanola, Great Neck, New Claims Number 02–1600V Claims Number 02–1575V York, Court of Federal Claims Number 02– 252. Cora Haynes on behalf of Jamel Antwan 227. LaQuanda Lewis on behalf of Candi 1547V Haynes, Houston, Texas, Court of Federal Me’Sha Ware, Houston, Texas, Court of 203. Deborah and Stephen Beroske on behalf Claims Number 02–1601V of Kyle Beroske, Great Neck, New York, Federal Claims Number 02–1576V 253. Chandra Haggan on behalf of Shandarius Court of Federal Claims Number 02–1548V 228. Phyllis Roby on behalf of Crisetta Renee Leron Haggan, Houston, Texas, Court of 204. Meredith and Jeffrey Hess on behalf of Roby, Houston, Texas, Court of Federal Federal Claims Number 02–1602V Joshua Hess, Great Neck, New York, Court Claims Number 02–1577V 254. Lakeisha Felder on behalf of Alphonse of Federal Claims Number 02–1549V 229. Jessica Shannon on behalf of Tory Nathan Rogers, Jr., Houston, Texas, Court 205. Elizabeth and Steven Parker on behalf of Taquorin Shannon, Houston, Texas, Court of Federal Claims Number 02–1603V Kiera Parker, Melbourne, Florida, Court of of Federal Claims Number 02–1578V 255. Jennifer Edwards on behalf of Justin Federal Claims Number 02–1553V 230. Tyese Washington on behalf of Johnvann Terry, Houston, Texas, Court of 206. Jennifer Dixon on behalf of Parker Brandilyn Z. Page, Houston, Texas, Court Federal Claims Number 02–1604V Landon Dixon, Houston, Texas, Court of of Federal Claims Number 02–1579V 256. Marilyn Davis on behalf of Javonte’ Da Federal Claims Number 02–1555V 231. Shelia Watson on behalf of Jamal Lee Juan Nelson, Houston, Texas, Court of 207. Melinda and Geoffrey Alleyne on behalf Watson, Houston, Texas, Court of Federal Federal Claims Number 02–1605V of Joshua Alleyne, Houston, Texas, Court Claims Number 02–1580V 257. Carolyn Davillier on behalf of Melvin of Federal Claims Number 02–1556V 232. Linda Kay White on behalf of Darius Davillier, Houston, Texas, Court of Federal 208. Joan M. Kelley on behalf of Ian Michael Deon Duck, Houston, Texas, Court of Claims Number 02–1606V Pitcherello, Wilmington, Delaware, Court Federal Claims Number 02–1581V 258. Galaundra Myles on behalf of Jeremy of Federal Claims Number 02–1557V 233. Annie Sanders on behalf of Alyssa Dawayne Miles, Houston, Texas, Court of 209. Deborah and Robert Edwards on behalf Colette Mixon, Houston, Texas, Court of Federal Claims Number 02–1607V of Tyler Garrett Edwards, Mount Holly, Federal Claims Number 02–1582V 259. Heather Berg on behalf of Ysanna P. New Jersey, Court of Federal Claims 234. Annie Sanders on behalf of Maurice Jones, Alexandria, Virginia, Court of Number 02–1558V Eugene Mixon, Houston, Texas, Court of Federal Claims Number 02–1608V 210. Kerry and Adrian Kost on behalf of Federal Claims Number 02–1583V 260. Marcella and Devonna Herbert on behalf Brendan Patrick Kost, Palos Heights, 235. Annie Sanders on behalf of Mack Neese of Van Herbert, Alexandria, Virginia, Court Illinois, Court of Federal Claims Number Sanders, III, Houston, Texas, Court of of Federal Claims Number 02–1609V 02–1559V Federal Claims Number 02–1584V 261. Kimberly and Richard Cullen on behalf 211. Robert Wooten on behalf of Nicholas 236. Patricia Metcalf on behalf of Adrian of Liam H. Cullen, Melbourne, Florida, Dale Wooten, Dallas, Texas, Court of Ryan Metcalf, Houston, Texas, Court of Court of Federal Claims Number 02–1610V Federal Claims Number 02–1560V Federal Claims Number 02–1585V 262. Kimberly and Richard Cullen on behalf 212. Delorise Lee Coleman on behalf of 237. Patricia Metcalf on behalf of Ruben of Sean R. Cullen, Melbourne, Florida, Reshawnda Denise Jenkins, Houston, Avery Metcalf, Houston, Texas, Court of Court of Federal Claims Number 02–1611V Texas, Court of Federal Claims Number Federal Claims Number 02–1586V 263. Liquan Wang and Jianqiang Mao on 02–1561V behalf of Jeff Mao, Great Neck, New York, 238. Antreinika Tenner on behalf of Aysia 213. Linda Lee Lewis on behalf of Cortney Court of Federal Claims Number 02–1612V DeMonaye Tenner, Houston, Texas, Court Danielle Quinn, Houston, Texas, Court of 264. Kelly and Timothy Lucas on behalf of of Federal Claims Number 02–1587V Federal Claims Number 02–1562V Abigale Lucas, Great Neck, New York, 239. Tangela Strong on behalf of Tiffany 214. Dekita R. Mays on behalf of T’Neesha Court of Federal Claims Number 02–1613V Andrea Lane, Houston, Texas, Court of Jsh’Leotishia Edwards, Houston, Texas, 265. Teresa and David Barschi on behalf of Court of Federal Claims Number 02–1563V Federal Claims Number 02–1588V Andre Barschi, Great Neck, New York, 215. Dekita R. Mays on behalf of Kia 240. Detrossa Rule on behalf of Darrion Court of Federal Claims Number 02–1614V Tyroneshia Mays, Houston, Texas, Court of DeVante’’ Rule, Houston, Texas, Court of 266. Randy Lockhart on behalf of Noah Federal Claims Number 02–1564V Federal Claims Number 02–1589V Lockhart, Great Neck, New York, Court of 216. Viola P. McDonald on behalf of David 241. Sarah Patterson on behalf of Akili Federal Claims Number 02–1615V McDonald, Jr., Houston, Texas, Court of Patterson, Houston, Texas, Court of Federal 267. Terry Donner and Michael Small on Federal Claims Number 02–1565V Claims Number 02–1590V behalf of Ian Michael Small, Great Neck, 217. Viola P. McDonald on behalf of Randy 242. Robin Chambliss on behalf of Calvin New York, Court of Federal Claims McDonald, Houston, Texas, Court of Chambliss, Jr., Houston, Texas, Court of Number 02–1616V Federal Claims Number 02–1566V Federal Claims Number 02–1591V 268. Kim Kassick on behalf of Kody Kassick, 218. Polly Mealey on behalf of Renee Jones, 243. Jody and Alma Buck on behalf of Great Neck, New York, Court of Federal Houston, Texas, Court of Federal Claims Malcolm O’Tan Buck, Houston, Texas, Claims Number 02–1617V Number 02–1567V Court of Federal Claims Number 02–1592V 269. Mary Landis on behalf of Andrew 219. Helen Quinn on behalf of Jahaquial 244. Patricia Brown on behalf of Jerome Valenta, Encinitas, California, Court of Antonio Lambert, Houston, Texas, Court of D’Wayne Brown, Houston, Texas, Court of Federal Claims Number 02–1618V Federal Claims Number 02–1568V Federal Claims Number 02–1593V 270. Bradley Hall, Mesa, Arizona, Court of 220. Marilyn Wilson on behalf of Samuel 245. Patricia Brown on behalf of Desmond Federal Claims Number 02–1626V Israel Wilson, Houston, Texas, Court of Allen Brown, Houston, Texas, Court of 271. Christopher Sabella, Voorhees, New Federal Claims Number 02–1569V Federal Claims Number 02–1594V Jersey, Court of Federal Claims Number 221. Lucy Woods on behalf of Joshua Woods, 246. Edna Brown on behalf of Charles 02–1627V Houston, Texas, Court of Federal Claims De’Angelo Brown, Houston, Texas, Court 272. Cindy and Brad Canfield on behalf of Number 02–1570V of Federal Claims Number 02–1595V Theodore Canfield, Nashua, New

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Hampshire, Court of Federal Claims 296. Traci and Rodney Miller on behalf of Louisiana, Court of Federal Claims Number Number 02–1629V Sydney Paige Miller, Latrobe, 02–1681V 273. Darsky McMorris on behalf of Kayla Pennsylvania, Court of Federal Claims 319. Maurica Johnson and Lee Dickey on Alice McMorris, Houston, Texas, Court of Number 02–1656V behalf of Demarkus Dickey, New Orleans, Federal Claims Number 02–1633V 297. Jennifer and Kenneth Bartels on behalf Louisiana, Court of Federal Claims Number 274. Pauline Cooley on behalf of Jermaine of Jeremy Curtis Bartels, Neenah, 02–1682V Jerome Cooley, Jr., Houston, Texas, Court Wisconsin, Court of Federal Claims 320. Sonja and Tony Flournoy on behalf of of Federal Claims Number 02–1634V Number 02–1657V Tony K. Flournoy, Jr., New Orleans, 275. Helen Hicks on behalf of Alexandria D. 298. Jennifer and Kenneth Bartels on behalf Louisiana, Court of Federal Claims Number Hicks, Houston, Texas, Court of Federal of Joshua Aaron Bartels, Neenah, 02–1683V Claims Number 02–1635V Wisconsin, Court of Federal Claims 321. Sue Ann and David Forbat on behalf of 276. Letticia Lockhart on behalf of Nathaniel Number 02–1658V Luke E. Forbat, New Orleans, Louisiana, Lockhart, Houston, Texas, Court of Federal 299. Kimberly and Orville Baumgardner on Court of Federal Claims Number 02–1684V Claims Number 02–1636V behalf of Alexander Michael Baumgardner, 322. Connie and John Gamberi on behalf of 277. Teresa Minton on behalf of Earvin Portland, Oregon, Court of Federal Claims John A. Gamberi, Jr., New Orleans, Jerome Minton, Jr., Houston, Texas, Court Number 02–1659V Louisiana, Court of Federal Claims Number of Federal Claims Number 02–1637V 300. Catherine and Peter Marasco on behalf 02–1685V 278. Kaura Perkins on behalf of La’Jerrious of Thomas Marasco, New York, New York, 323. Gena Adams on behalf of Christopher T. Perkins, Houston, Texas, Court of Federal Court of Federal Claims Number 02–1660V Glover, New Orleans, Louisiana, Court of Claims Number 02–1638V 301. Donna and Elias Hourani on behalf of Federal Claims Number 02–1686V 279. Charmaine O’Bryant on behalf of Ben Stefan E. Hourani, Melbourne, Florida, 324. Carolyn and Elton Green on behalf of Edward Varnado, Houston, Texas, Court of Court of Federal Claims Number 02–1662V Michael Green, New Orleans, Louisiana, Federal Claims Number 02–1639V 302. Alfred Lonky, Bayside, New York, Court Court of Federal Claims Number 02–1687V 280. Sharon Reed on behalf of Trevor of Federal Claims Number 02–1663V 325. Mary Jane and Scott Guidry on behalf Anthony Reed, Houston, Texas, Court of 303. Jo Ann and Nicholas Stadtmueller on of William Hunt Guidry, New Orleans, Federal Claims Number 02–1640V behalf of Mark Stadtmueller, Vienna, Louisiana, Court of Federal Claims Number 281. Carla Wallace on behalf of A’Ja Wallace, Virginia, Court of Federal Claims Number 02–1688V Houston, Texas, Court of Federal Claims 02–1665V 326. Wendy and Dustin Hilton on behalf of Number 02–1641V 304. Ben Radecky, Vienna, Virginia, Court of Hannah Hilton, New Orleans, Louisiana, 282. Shalottie Reynolds on behalf of Michael Federal Claims Number 02–1666V Court of Federal Claims Number 02–1689V Anthony Fort, Jr., Houston, Texas, Court of 305. Jillian and Scott Copeland on behalf of 327. Michelle Stewart Holloway on behalf of Federal Claims Number 02–1642V Nicolas Copeland, Vienna, Virginia, Court Arnissa Lachell Holloway, New Orleans, 283. Rozella Webb on behalf of Cadarrious of Federal Claims Number 02–1667V Louisiana, Court of Federal Claims Number Hodges, Houston, Texas, Court of Federal 306. Haidee and Carl DeRouen on behalf of 02–1690V Claims Number 02–1643V Isabella DeRouen, Cape Girardeau, 328. Jaquary Jackson on behalf of Kheirin 284. Maple Campbell on behalf of Jamie Missouri, Court of Federal Claims Number Jackson, New Orleans, Louisiana, Court of Gilson, Houston, Texas, Court of Federal 02–1668V Federal Claims Number 02–1691V Claims Number 02–1644V 307. Connie Hudson on behalf of Adam 329. Laurie and Mark Klinedinst on behalf of 285. Lori and Jeffrey Bradstreet on behalf of Ebinger, Cape Girardeau, Missouri, Court Kelsey F. Klinedinst, New Orleans, Matthew James Bradstreet, Melbourne, of Federal Claims Number 02–1669V Louisiana, Court of Federal Claims Number Florida, Court of Federal Claims Number 308. Carrie and Clint Harlan on behalf of 02–1692V 02–1645V Hunter Harlan, Cape Girardeau, Missouri, 330. Shirley Lacey on behalf of Ahkeem 286. Suzanne and Russell Pieper on behalf of Court of Federal Claims Number 02–1670V Lacey, New Orleans, Louisiana, Court of Sean Pieper, Melbourne, Florida, Court of 309. Carola and Herman Bernard on behalf of Federal Claims Number 02–1693V Federal Claims Number 02–1646V Reginald L. Bernard, New Orleans, 331. Kristi Lee on behalf of Justin Samuel, 287. Lori and Jeffrey Bradstreet on behalf of Louisiana, Court of Federal Claims Number New Orleans, Louisiana, Court of Federal Elizabeth Bradstreet, Melbourne, Florida, 02–1672V Claims Number 02–1694V Court of Federal Claims Number 02–1647V 310. Ellen Schneider and Samuel Alexander 332. Catherine and Kenneth Montz on behalf 288. Alison and Daniel Bushnell on behalf of on behalf of Benjamin D. Alexander, New of Seth J. Montz, New Orleans, Louisiana, Joshua Bushnell, Auburn, Massachusetts, Orleans, Louisiana, Court of Federal Court of Federal Claims Number 02–1695V Court of Federal Claims Number 02–1648V Claims Number 02–1673V 333. Teri and Tracy Pitts on behalf of Jerod 289. Natasha and John Hooks on behalf of 311. Georgia and Freddie Anderson on behalf A. Pitts, New Orleans, Louisiana, Court of Nijah Shemar Hooks, Hammond, of Robert Thomas-Anderson, New Orleans, Federal Claims Number 02–1696V Louisiana, Court of Federal Claims Number Louisiana, Court of Federal Claims Number 334. Brandi Poteat on behalf of Ethan Poteat, 02–1649V 02–1674V New Orleans, Louisiana, Court of Federal 290. Meri and Shawn Kelly on behalf of 312. Melissa McGrew and Larry Blackwell on Claims Number 02–1697V Daniel Laurnece Kelly, Whitestone, New behalf of Martin F. Blackwell, New 335. Victoria and Kelvin Samuel on behalf of York, Court of Federal Claims Number 02– Orleans, Louisiana, Court of Federal Karnisha L. Samuel, New Orleans, 1650V Claims Number 02–1675V Louisiana, Court of Federal Claims Number 291. Elizabeth and Robert Davis on behalf of 313. Chundra and Oscar Blakely on behalf of 02–1698V Brandon Taylor Davis, Glendale, Ryan B. Blakely, New Orleans, Louisiana, 336. Dianna Lyn Schumacher, New Orleans, California, Court of Federal Claims Number Court of Federal Claims Number 02–1676V Louisiana, Court of Federal Claims Number 02–1651V 314. Camilla and Gary Brown on behalf of 02–1699V 292. Bridgette and Stephen Hernandez on Justin F. Brown, New Orleans, Louisiana, 337. Annette and John Stewart on behalf of behalf of Stephen Matthew Hernandez, Court of Federal Claims Number 02–1677V Ian E. Stewart, New Orleans, Louisiana, Gilbert, Arizona, Court of Federal Claims 315. Allyson and Bryan Collins on behalf of Court of Federal Claims Number 02–1700V Number 02–1652V Zachary W. Collins, New Orleans, 338. Vanessa and Sherman Thomas on behalf 293. Aimee and John Lewis on behalf of Louisiana, Court of Federal Claims Number of Sherman A. Thomas, Jr., New Orleans, Brandon Thomas Lewis, Ridley Park, 02–1678V Louisiana, Court of Federal Claims Number Pennsylvania, Court of Federal Claims 316. Sherry and C.A. Cook on behalf of 02–1701V Number 02–1653V Darron A. Cook, New Orleans, Louisiana, 339. Jennifer and James Toombs on behalf of 294. Julie and David Baskin on behalf of Court of Federal Claims Number 02–1679V Jacob M. Toombs, New Orleans, Louisiana, Danielle Alise Baskin, Houston, Texas, 317. Beverly and Jules Cousin on behalf of Court of Federal Claims Number 02–1702V Court of Federal Claims Number 02–1654V Evan C. Cousin, New Orleans, Louisiana, 340. Lauren and David Underwood on behalf 295. Kelly and Peter Brush on behalf of Peter Court of Federal Claims Number 02–1680V of Rachael H. Underwood, New Orleans, James Brush, Harve De Grace, Maryland, 318. Cheryl and David Cutler on behalf of Louisiana, Court of Federal Claims Number Court of Federal Claims Number 02–1655V Jeremiah S. Cutler, New Orleans, 02–1703V

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341. Donna and Thomas Williams on behalf 364. Jonathan Mahurin on behalf of Tristan 389. Richard A. Diamond on behalf of of Dylan R. Williams, New Orleans, Mahurin, Portland, Oregon, Court of Richard F. Diamond, Boston, Louisiana, Court of Federal Claims Number Federal Claims Number 02–1727V Massachusetts, Court of Federal Claims 02–1704V 365. Sha and Jason Hurst on behalf of Number 02–1758V 342. Shawanda and Theodore Williams on Hannah Hurst, Birmingham, Alabama, 390. Irene Sturgeon on behalf of Jacob behalf of Elijah Williams, New Orleans, Court of Federal Claims Number 02–1732V Sturgeon, Boston, Massachusetts, Court of Louisiana, Court of Federal Claims Number 366. Terri Nagel on behalf of Ethan Nathan Federal Claims Number 02–1759V 02–1705V McCabe, Great Neck, New York, Court of 391. Kay and Thomas Dykes on behalf of 343. Shawanda and Theodore Williams on Federal Claims Number 02–1733V Thomas Dykes, Jr., Houston, Texas, Court behalf of Jeremy Williams, New Orleans, 367. Kelly and Bradley King on behalf of of Federal Claims Number 02–1760V Louisiana, Court of Federal Claims Number Sean King, Great Neck, New York, Court of 392. Jacquelyn Wilkerson and Scott Shirley 02–1706V Federal Claims Number 02–1734V on behalf of Jordan Shirley, Houston, 344. Julie and James Christiansen on behalf 368. Joanne and Gregory Killiam on behalf of Texas, Court of Federal Claims Number of Karissa Joann Christiansen, Temecula, Zackery S. Killiam, Great Neck, New York, 02–1761V California, Court of Federal Claims Number Court of Federal Claims Number 02–1735V 393. Martin O’Brien and Jacqueline Mooney 02–1707V 369. Cindy and Jason Kifer on behalf of O’Brien on behalf of Kevin O’Brien, 345. Tony Vi and Thuy Hunyh on behalf of Austin Kifer, Great Neck, New York, Court Houston, Texas, Court of Federal Claims Brandon Vi, Temecula, California, Court of of Federal Claims Number 02–1736V Number 02–1762V Federal Claims Number 02–1708V 370. Michele and Vincent Lovenduski on 394. Cheryl and Donald Bondank on behalf 346. Michelle and Harold Hannon on behalf behalf of Austin Lovenduski, Great Neck, of Gunnar H. Bondank, Houston, Texas, of Christian Hannon, Temecula, California, New York, Court of Federal Claims Court of Federal Claims Number 02–1763V Number 02–1737V 395. Ilene and Thomas Bassler on behalf of Court of Federal Claims Number 02–1709V 371. Kim Lampp on behalf of Joseph R. Daniel Bassler, Great Neck, New York, 347. Monica and Scott Mattias on behalf of Lampp, Great Neck, New York, Court of Court of Federal Claims Number 02–1764V Alexander Scott Mattias, Temecula, Federal Claims Number 02–1738V 396. Carmen and Craig Carley on behalf of California, Court of Federal Claims Number 372. Dale Norman on behalf of Alexander Collin Seamus Carley, Dallas, Texas, Court 02–1710V Norman, Boston, Massachusetts, Court of of Federal Claims Number 02–1765V 348. Charleyne Stumpf on behalf of Kyle Federal Claims Number 02–1739V 397. Jennifer and Scott Kincaid on behalf of William Stumpf, Chelmsford, 373. Benjamin Blood on behalf of Paul Blood, Lauren Kincaid, Lewisville, Texas, Court of Massachusetts, Court of Federal Claims Boston, Massachusetts, Court of Federal Federal Claims Number 02–1766V Number 02–1711V Claims Number 02–1740V 398. Cathy Dean, Lyburn, West Virginia, 349. Alton Alexander on behalf of Alton 374. Vincent Fusco on behalf of Vincent A. Court of Federal Claims Number 02–1769V Aaron Alexander, Tyler, Texas, Court of Fusco, Boston, Massachusetts, Court of 399. Lisa and Michael Fesanco on behalf of Federal Claims Number 02–1712V Federal Claims Number 02–1741V Michael John Fesanco, North Miami, 350. Ann-Marie and Patrick Growe on behalf 375. Nathaniel Brogan-Kim on behalf of Paul Florida, Court of Federal Claims Number of Danile Growe, Minneapolis, Minnesota, Kim, Boston, Massachusetts, Court of 02–1770V Court of Federal Claims Number 02–1713V Federal Claims Number 02–1742V 400. Adraine and David Kerns on behalf of 351. Kelly and Richard Kerns on behalf of 376. Lori Matula on behalf of Paul Matula, Christopher Wayne Kerns, Richmond, Kayle Kerns, Olathe, Kansas, Court of Arlington Heights, Illinois, Court of Virginia, Court of Federal Claims Number Federal Claims Number 02–1714V Federal Claims Number 02–1743V 02–1771V 352. Kelly and Richard Kerns on behalf of 377. Donna Manente on behalf of Melanie 401. Kim and Paul Morel on behalf of Daniel Kerns, Olathe, Kansas, Court of Manente, Vienna, Virginia, Court of Brittany Mashell Morel, Milton, Florida, Federal Claims Number 02–1715V Federal Claims Number 02–1746V Court of Federal Claims Number 02–1772V 353. Janel McGrath on behalf of Amanda 378. Donna Manente on behalf of Michael 402. Edward Page, Sr. on behalf of Florence McGrath, Portland, Oregon, Court of Manente, Vienna, Virginia, Court of Page, Deceased, Boston, Massachusetts, Federal Claims Number 02–1716V Federal Claims Number 02–1747V Court of Federal Claims Number 02–1774V 354. Cindy Nix on behalf of Garrett Nix, 379. Julie and Seth Hemingway on behalf of 403. Barbara Hall on behalf of Dennis Portland, Oregon, Court of Federal Claims Colter Hemingway, Vienna, Virginia, Court Culbert, Houston, Texas, Court of Federal Number 02–1717V of Federal Claims Number 02–1748V Claims Number 02–1775V 355. Julia Oh on behalf of Brayden Oh, 380. Kelly and Richard Kerns on behalf of 404. Kenyada Snell on behalf of Cedarrious Portland, Oregon, Court of Federal Claims Andrew Kerns, Olathe, Kansas, Court of Dunmore, Houston, Texas, Court of Federal Number 02–1718V Federal Claims Number 02–1749V Claims Number 02–1776V 356. Christine Roberts on behalf of Carl 381. Jinger Rosalez-Fergus on behalf of 405. Lisa Jackson on behalf of Sabrina Roberts, Portland, Oregon, Court of Federal Charles Fergus, Boston, Massachusetts, Jackson, Houston, Texas, Court of Federal Claims Number 02–1719V Court of Federal Claims Number 02–1750V Claims Number 02–1777V 357. Andrea Sovern on behalf of Kolin 382. Shelley Woodard on behalf of Dylan 406. Shamarion Jones on behalf of Ronald Sovern, Portland, Oregon, Court of Federal Hunt, Boston, Massachusetts, Court of Williams, Jr., Houston, Texas, Court of Claims Number 02–1720V Federal Claims Number 02–1751V Federal Claims Number 02–1778V 358. Karen and Christopher Stanley on behalf 383. Sandra Cuevas on behalf of Jacob 407. Yakima Thomas on behalf of Anfernee of Heath Stanley, Portland, Oregon, Court Cuevas, Boston, Massachusetts, Court of Thomas, Houston, Texas, Court of Federal of Federal Claims Number 02–1721V Federal Claims Number 02–1752V Claims Number 02–1779V 359. Rachel Kirk on behalf of Deven Kirk, 384. Margaret Simms on behalf of Joshua 408. Brenda White on behalf of Steven White, Portland, Oregon, Court of Federal Claims Simms, Boston, Massachusetts, Court of Houston, Texas, Court of Federal Claims Number 02–1722V Federal Claims Number 02–1753V Number 02–1780V 360. Angela Bliss-Chavelas on behalf of 385. Ursula Zettlemoyer on behalf of Melanie 409. Cathy Hedrick on behalf of Jayce Alexander Chavelas, Portland, Oregon, Zettlemoyer, Boston, Massachusetts, Court Hedrick, Houston, Texas, Court of Federal Court of Federal Claims Number 02–1723V of Federal Claims Number 02–1754V Claims Number 02–1781V 361. Kemberlya Finnie on behalf of Sha 386. Toby Gregory on behalf of Jonathan 410. Cathy Hedrick on behalf of Marvin Quana Finnie, Portland, Oregon, Court of Dean Gregory, Boston, Massachusetts, Hedrick, Houston, Texas, Court of Federal Federal Claims Number 02–1724V Court of Federal Claims Number 02–1755V Claims Number 02–1782V 362. Tracey Imper on behalf of Jadin Imper, 387. Mary Wallace on behalf of Grant 411. Lynda Green on behalf of Anthony Portland, Oregon, Court of Federal Claims Wallace, Boston, Massachusetts, Court of Dean, Jr., Houston, Texas, Court of Federal Number 02–1725V Federal Claims Number 02–1756V Claims Number 02–1783V 363. Bree Lyn Lewis on behalf of Hope 388. Gabriele Sausnock on behalf of Joseph 412. Victoria Andrews on behalf of Orry Lewis, Portland, Oregon, Court of Federal Brady, IV, Boston, Massachusetts, Court of Andrews, Houston, Texas, Court of Federal Claims Number 02–1726V Federal Claims Number 02–1757V Claims Number 02–1784V

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413. Penny Taylor on behalf of Brianna 437. Nicole Freeman on behalf of Shukeven Mississippi, Court of Federal Claims Ainsworth, Houston, Texas, Court of Freeman, Houston, Texas, Court of Federal Number 02–1841V Federal Claims Number 02–1785V Claims Number 02–1813V 462. Sylvia Brown on behalf of Jasmine 414. Steven Gretchko on behalf of Benjamin 438. Michael Goff on behalf of Maegan Goff, Racquel Brown, Mesquite, Texas, Court of Gretchko, Birmingham, Michigan, Court of Houston, Texas, Court of Federal Claims Federal Claims Number 02–1842V Federal Claims Number 02–1788V Number 02–1814V 463. Rosa E. Douglas on behalf of John 415. Kathleen and Jordan Vickers on behalf 439. Michelle Wilson on behalf of Rodreckos William Douglas, El Paso, Texas, Court of of Jordan Vickers, Jr., Houston, Texas, Hill, Houston, Texas, Court of Federal Federal Claims Number 02–1843V Court of Federal Claims Number 02–1789V Claims Number 02–1815V 464. Krissy J. Fagan on behalf of Bradley Kole 416. Renee and James Stepnoski on behalf of 440. Michelle Wilson on behalf of James Hill, Fagan, Arlington, Texas, Court of Federal Tyler Stepnoski, Houston, Texas, Court of Houston, Texas, Court of Federal Claims Claims Number 02–1844V Federal Claims Number 02–1790V Number 02–1816V 465. Rhonda L. Jones on behalf of Kristin M. 417. Carol and Ken Stanton on behalf of 441. Margie January on behalf of Elmo Jones, Beaumont, Texas, Court of Federal Krystal L. Stanton, Houston, Texas, Court January, Houston, Texas, Court of Federal Claims Number 02–1845V Claims Number 02–1817V of Federal Claims Number 02–1791V 466. Lilly Martinez Davila on behalf of 442. Dorothy Green on behalf of Earl 418. Pattie and Galen Gamble on behalf of Adrian Andrew Martinez, El Paso, Texas, Manning, Jr., Houston, Texas, Court of Garet E. Bamble, Houston, Texas, Court of Court of Federal Claims Number 02–1846V Federal Claims Number 02–1818V 467. Joel Salas, Sr. on behalf of Joel Salas, Jr., Federal Claims Number 02–1792V 443. Connie Thomas on behalf of Cordrion 419. Melanie G. Mulderig on behalf of Dallas, Texas, Court of Federal Claims Tucker, Houston, Texas, Court of Federal Number 02–1847V Nicholas J. Mulderig, Alexandria, Virginia, Claims Number 02–1819V Court of Federal Claims Number 02–1793V 468. Bennetta Chiles on behalf of Toni 444. Barbara Wells-Henry on behalf of Chiles, Arlington, Texas, Court of Federal 420. Karen Harbin on behalf of Ryka Nicole Quatavieus Wells, Houston, Texas, Court of Claims Number 02–1848V Harbin, Deceased, Gurly, Alabama, Court Federal Claims Number 02–1820V 469. Gricelda Gonzalez on behalf of Evelyn of Federal Claims Number 02–1794V 445. Catherine and Jared Cook on behalf of S. Uvalle, Dallas, Texas, Court of Federal 421. Katheryn and Timothy Hartigan on McCrae Cook, Melbourne, Florida, Court of Claims Number 02–1849V behalf of Conner M. Hardigan, Melbourne, Federal Claims Number 02–1821V 470. Gricelda Gonzalez on behalf of Rolando Florida, Court of Federal Claims Number 446. Patricia and Brett Brenner on behalf of Uvalle, Dallas, Texas, Court of Federal 02–1796V Bradley Brenner, Melbourne, Florida, Claims Number 02–1850V 422. Beth and Bill Wilson on behalf of Court of Federal Claims Number 02–1822V 471. Cheryl Karns on behalf of Scott David Mitchell Wilson, Deceased, Los Gatos, 447. Virginia and Robin Conner on behalf of Karns, Tyler, Texas, Court of Federal Matthew R. Conner, Melbourne, Florida, California, Court of Federal Claims Number Claims Number 02–1852V Court of Federal Claims Number 02–1823V 02–1797V 472. Patricia Demoville on behalf of Dakota 448. Kimberly and James Barry on behalf of 423. Angela and Renato Spennato on behalf Lee Demoville, Tyler, Texas, Court of Shawn P. Barry, Melbourne, Florida, Court of Gennaro Spennato, Great Neck, New Federal Claims Number 02–1853V of Federal Claims Number 02–1824V York, Court of Federal Claims Number 02– 473. Sherry Pearson on behalf of Tristen 1798V 449. Susan and Jimmy Carr on behalf of Daniel V. Carr, Panama City Beach, Lloyd Pearson, Tyler, Texas, Court of 424. Cherie and Richard Gates on behalf of Federal Claims Number 02–1857V Riyo Gates, Great Neck, New York, Court Florida, Court of Federal Claims Number 02–1825V 474. Annette Lagan on behalf of Bryan Lagan, of Federal Claims Number 02–1799V Vienna, Virginia, Court of Federal Claims 425. Elaine Sorenson on behalf of Eldon 450. Laurey Tedeschi on behalf of Jagger Thomas Geroge-Tedeschi, Dallas, Texas, Number 02–1858V Sorenson, Portland, Oregon, Court of 475. Monica and Matthew White on behalf of Federal Claims Number 02–1800V Court of Federal Claims Number 02–1826V 451. Sandra Daneri on behalf of Erik Daneri, Kendrick White, Richmond, Virginia, Court 426. Kimberly Ngo on behalf of Joan Ngo, of Federal Claims Number 02–1859V Portland, Oregon, Court of Federal Claims Harvest, Alabama, Court of Federal Claims Number 02–1831V 476. Rosemary and Joel Walker on behalf of Number 02–1801V Benjamin Walker, Salisbury, North 427. Melissa Hicks on behalf of Liberty 452. Elizabeth and Steven Skovron on behalf of Quinn Philip Skovron, Philadelphia, Carolina, Court of Federal Claims Number Hicks, Portland, Oregon, Court of Federal 02–1860V Claims Number 02–1802V Pennsylvania, Court of Federal Claims Number 02–1832V 477. Brandi Lewellyn on behalf of Brandon 428. Darren Lamar Cooks on behalf of Jason 453. Atoya Moses on behalf of Gadarius Pressler, Salisbury, North Carolina, Court Lawrence Cooks, Tyler, Texas, Court of Gavon Russell, Dallas, Texas, Court of of Federal Claims Number 02–1861V Federal Claims Number 02–1803V Federal Claims Number 02–1833V 478. Luann and Kent McIver on behalf of 429. Helen Vaglia on behalf of Dean Vaglia, 454. Gregory Newman on behalf of Benjamin David McIver, Salisbury, North Carolina, Boston, Massachusetts, Court of Federal Lawrence Newman, Ridgeland, Court of Federal Claims Number 02–1862V Claims Number 02–1804V Mississippi, Court of Federal Claims 479. Luann and Kent McIver on behalf of Eric 430. Denise and Michael Carrillo on behalf of Number 02–1834V McIver, Salisbury, North Carolina, Court of Matthew Carrillo, Chicago, Illinois, Court 455. Kathren Pigg-Kelly on behalf of Jason Federal Claims Number 02–1863V of Federal Claims Number 02–1805V Mark Kelly, Petal, Mississippi, Court of 480. Amy and Vernon Marion on behalf of 431. Julie and Mark Murtagh on behalf of Federal Claims Number 02–1835V, Nicholas Chase Marion, Salisbury, North Mark G. Murtagh, III, Alexandria, Virginia, 456. Billy Gresham on behalf of Joshua Carolina, Court of Federal Claims Number Court of Federal Claims Number 02–1806V Gresham, Jackson, Mississippi, Court of 02–1864V 432. Shirley Cruel on behalf of Carlos Federal Claims Number 02–1836V 481. Cynthia Davis on behalf of Zachary Anderson, Houston, Texas, Court of 457. Nina Del Rio on behalf of Rachel Renee Davis, Salisbury, North Carolina, Court of Federal Claims Number 02–1808V Del Rio, Jackson, Mississippi, Court of Federal Claims Number 02–1865V 433. Yulunda Henry-Lacking on behalf of Federal Claims Number 02–1837V 482. Kasandra Adams on behalf of Terrence Kevonte Henry, Houston, Texas, Court of 458. Jornella M. Hattix on behalf of Ladasia Adams, Jr., Houston, Texas, Court of Federal Claims Number 02–1809V N. Brown, Jackson, Mississippi, Court of Federal Claims Number 02–1866V 434. Sharon Kaho on behalf of Joseph Knight, Federal Claims Number 02–1838V 483. Sheila Lumpkin on behalf of Eliezer Jr., Houston, Texas, Court of Federal 459. Melanie Yelverton on behalf of Jasmine Beamen, Houston, Texas, Court of Federal Claims Number 02–1810V Hope Abel, Jackson, Mississippi, Court of Claims Number 02–1867V 435. Sharon Kaho on behalf of Joshua Knight, Federal Claims Number 02–1839V 484. Lavena Williams on behalf of Eddronica Houston, Texas, Court of Federal Claims 460. James E. Nicholson on behalf of Jeremy Williams, Houston, Texas, Court of Federal Number 02–1811V Clydell Nicholson, Jackson, Mississippi, Claims Number 02–1868V 436. Bessie DuVaul on behalf of JaJuan Court of Federal Claims Number 02–1840V 485. Thelma Wilson on behalf of Richandra DeVaul, Houston, Texas, Court of Federal 461. Kacey Black Burgess on behalf of Thomas, Houston, Texas, Court of Federal Claims Number 02–1812V Maxwell Parker Lee Burgess, Jackson, Claims Number 02–1869V

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486. Supermia Shannon on behalf of Stanton 511. Misti McGill on behalf of Patric Conner, 534. Mary Beth and Eric Williams on behalf Scott, Jr., Houston, Texas, Court of Federal Boston, Massachusetts, Court of Federal of Samuel Williams, Vienna, Virginia, Claims Number 02–1870V Claims Number 02–1899V Court of Federal Claims Number 02–1938V 487. Sherry Luss on behalf of Martin 512. Barbara Fortin on behalf of Kelly Fortin, 535. Carl Bialorucki on behalf of Bonnie Robertson, Houston, Texas, Court of Boston, Massachusetts, Court of Federal Bialorucki, Boston, Massachusetts, Court of Federal Claims Number 02–1871V Claims Number 02–1900V Federal Claims Number 02–1939V 488. Belinda Flowers on behalf of Eugena 513. Amy Pressley on behalf of Tyler 536. Andrea Abraham on behalf of Jesse Grisby, Houston, Texas, Court of Federal Pressley, Boston, Massachusetts, Court of Abraham, Boston, Massachusetts, Court of Claims Number 02–1872V Federal Claims Number 02–1901V Federal Claims Number 02–1940V 489. Valerie Shropshire on behalf of Israel 514. Stephen Osmon on behalf of Grant 537. Carolyn Bunt on behalf of Michael Bunt, Smith, Houston, Texas, Court of Federal Osmon, Boston, Massachusetts, Court of Boston, Massachusetts, Court of Federal Claims Number 02–1873V Federal Claims Number 02–1902V Claims Number 02–1941V 490. Stephanie and Eric Roan on behalf of 515. Marie Graves on behalf of Joshua Graves, 538. Leslie Villarreal on behalf of Tyler Ashley E. Roan, Houston, Texas, Court of Boston, Massachusetts, Court of Federal Villarreal, Boston, Massachusetts, Court of Federal Claims Number 02–1874V Federal Claims Number 02–1942V Claims Number 02–1903V 491. Cindy and William Van Lammeren on 539. Deanna Wagner on behalf of Samantha 516. Cynthia Rosas on behalf of Tyler behalf of John Van Lammeren, Houston, Barefield, Boston, Massachusetts, Court of Santana, Boston, Massachusetts, Court of Texas, Court of Federal Claims Number Federal Claims Number 02–1943V 02–1875V Federal Claims Number 02–1904V 540. Angela Vines on behalf of Colton Vines, 492. Angela and Joseph Rockhold on behalf 517. Tracy Yale on behalf of Richard Logan Boston, Massachusetts, Court of Federal of Trayven Rockhold, Houston, Texas, Yale, Boston, Massachusetts, Court of Claims Number 02–1944V Court of Federal Claims Number 02–1876V Federal Claims Number 02–1905V 541. Sariah Wilson on behalf of Kaleb 493. Jennifer and Kevin Teague on behalf of 518. James Novorr on behalf of Jacob Novorr, Wilson, Boston, Massachusetts, Court of Tristan R. Teague, Houston, Texas, Court of Boston, Massachusetts, Court of Federal Federal Claims Number 02–1945V Federal Claims Number 02–1877V Claims Number 02–1906V 542. Deborah Haney on behalf of Allison 494. Cindy and William Van Lammeren on 519. Melissa Coleman on behalf of Brendon Haney, Boston, Massachusetts, Court of behalf of Hannah Van Lammeren, Houston, King, Brockton, Massachusetts, Court of Federal Claims Number 02–1946V Texas, Court of Federal Claims Number Federal Claims Number 02–1907V 543. Amy Ellsworth on behalf of Daniel 02–1878V 520. Michelle and David Lane on behalf of Ellsworth, Boston, Massachusetts, Court of 495. Marlene Sirianno on behalf of Matthew Aaron Keith Lane, Dallas, Texas, Court of Federal Claims Number 02–1947V Ryan Sirianno, Hamburg, New York, Court Federal Claims Number 02–1910V 544. Jenni Ogden on behalf of Alexis Ogden, of Federal Claims Number 02–1879V 521. Debra Abbott on behalf of Brent Abbott, Boston, Massachusetts, Court of Federal 496. Connie Parish on behalf of Crystal Boston, Massachusetts, Court of Federal Claims Number 02–1948V Marian Parrish, Tyler, Texas, Court of Claims Number 02–1911V 545. Rebecca and Kevin Wagnon on behalf of Federal Claims Number 02–1880V 522. Cynthia Pichardo on behalf of George Andrew Ryan Wagnon, Dallas, Texas, 497. Nadia Keyes on behalf of Keith DiMauni Pichardo, Boston, Massachusetts, Court of Court of Federal Claims Number 02–1949V London, Tyler, Texas, Court of Federal Federal Claims Number 02–1912V 546. Darla and Kirk Botter on behalf of Cody Claims Number 02–1881V 523. Eric Thacker on behalf of Trenton Wyatt Botter, Dallas, Texas, Court of 498. Frances Dinkins on behalf of Blake Thacker, Boston, Massachusetts, Court of Federal Claims Number 02–1950V Turner Dinkins, Tyler, Texas, Court of Federal Claims Number 02–1913V 547. Madeline and Robert Kennedy on behalf Federal Claims Number 02–1882V 524. Cynthia Dougherty on behalf of Matthew of Michael Jacob Kennedy, Saint Louis, 499. Jeannette Ortiz Quintero on behalf of Dougherty, Vienna, Virginia, Court of Missouri, Court of Federal Claims Number Armando Quintero, Boston, Massachusetts, Federal Claims Number 02–1926V 02–1951V Court of Federal Claims Number 02–1883V 525. Cynthia Dougherty on behalf of Jennifer 548. Syed Muniruzzaman on behalf of 500. Philip Lanzatella on behalf of Philip J. Dougherty, Vienna, Virginia, Court of Nafessa Syed, Tyler, Texas, Court of Lanzatella, III, Boston, Massachusetts, Federal Claims Number 02–1927V Federal Claims Number 02–1954V Court of Federal Claims Number 02–1884V 526. Anette Arthur and Peter Salmon on 549. Wilhelmina York on behalf of Joshua 501. Susan Cottingham on behalf of Meagan behalf of Peter Lothar Salmon, Jr., Brick, York, Tyler, Texas, Court of Federal Claims Cottingham, Boston, Massachusetts, Court New Jersey, Court of Federal Claims Number 02–1955V of Federal Claims Number 02–1885V 550. Laronica Smith on behalf of Quindon Number 02–1928V 502. Rita Black on behalf of Harmon Black, Jawan Wooten, Tyler, Texas, Court of 527. Patricia and Bradford Wheeler on behalf Boston, Massachusetts, Court of Federal Federal Claims Number 02–1956V of Sheridan Laine Wheeler, Scottsdale, Claims Number 02–1886V 551. Elmer Valle on behalf of Diego Isai Arizona, Court of Federal Claims Number 503. Michael Farquhar on behalf of Katelyn Valle, Tyler, Texas, Court of Federal 02–1929V Farquhar, Boston, Massachusetts, Court of Claims Number 02–1957V Federal Claims Number 02–1887V 528. Michele and Joel Wright on behalf of 552. Keva Washington on behalf of Kevone 504. Rosemarie Scott on behalf of Clarita Mason Patrick Wright, Somers Point, New Maurice Washington, Tyler, Texas, Court Faith Scott, Boston, Massachusetts, Court Jersey, Court of Federal Claims Number of Federal Claims Number 02–1958V of Federal Claims Number 02–1888V 02–1930V 553. Sherry Pitre on behalf of Catherine Ann 505. Thomas Marateo on behalf of Nicholas 529. Carmella and Spencer Shumate on Pitre, Tyler, Texas, Court of Federal Claims Marateo, Boston, Massachusetts, Court of behalf of Kenneth Spencer Shumate, Number 02–1959V Federal Claims Number 02–1889V Chicago, Illinois, Court of Federal Claims 554. Tracy Ball on behalf of Chase Xavier 506. Donna Knepple on behalf of Taylor Number 02–1931V Washington, Tyler, Texas, Court of Federal Knepple, Boston, Massachusetts, Court of 530. Lisa and David Wilcox on behalf of Claims Number 02–1960V Federal Claims Number 02–1890V Parker Bruce Wilcox, Lansing, Michigan, 555. Myrna Manco on behalf of Steven 507. Brian Aaron on behalf of Liam Aaron, Court of Federal Claims Number 02–1932V Manco, Great Neck, New York, Court of Boston, Massachusetts, Court of Federal 531. Shannon and Chad Beaty on behalf of Federal Claims Number 02–1961V Claims Number 02–1891V Kade Anthony Beaty, Little Rock, 556. Anna and Irving Sepulveda on behalf of 508. Patricia and Kyle Sonnier on behalf of Arkansas, Court of Federal Claims Number Kenneth Mikale Sepulveda, New York, Benjamin Sonnier, Baton Rouge, Louisiana, 02–1933V New York, Court of Federal Claims Court of Federal Claims Number 02–1892V 532. Gisele Swanson on behalf of Mick Number 02–1962V 509. Laura and Jay Stutz on behalf of Jeremy Swanson, Portland, Oregon, Court of 557. Joseph Donohue on behalf of Sean J. Stutz, New York, New York, Court of Federal Claims Number 02–1934V Donohue, Rochester, New York, Court of Federal Claims Number 02–1893V 533. Daniel Krasner and Alexandria Martins Federal Claims Number 02–1963V 510. Cheryl Hammonds on behalf of Myles on behalf of Edward M. Martins-Krasner, 558. Elaine and Ronald Muthig on behalf of Hammonds, Alexandria, Virginia, Court of Dallas, Texas, Court of Federal Claims Joseph Muthig, Schenectady, New York, Federal Claims Number 02–1898V Number 02–1935V Court of Federal Claims Number 02–1964V

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559. Rebecca and Timothy Gleeson on behalf 583. Anita M. Sherman on behalf of 607. Deann and Gregory Sanders on behalf of of Anthony Gleeson, Harrisburg, Benjamin Moriss Sherman, Great Neck, Colter Lynn Sanders, Miami, Florida, Court Pennsylvania, Court of Federal Claims New York, Court of Federal Claims of Federal Claims Number 02–2014V Number 02–1965V Number 02–1990V 608. Cindy and Thomas Whitby on behalf of 560. Darlene & Nicholas Downes on behalf of 584. Cheryl Stanescu on behalf of Nicholas Ronnie Whitby, Miami, Florida, Court of Alannah Mary Downes & Sean Andrew Stanescu, Great Neck, New York, Court of Federal Claims Number 02–2015V Downes, New York, New York, Court of Federal Claims Number 02–1991V 609. Charis and Brian Wheless on behalf of Federal Claims Number 02–1966V 585. Maria and Philip Ehrlich on behalf of Joseph Wheless, Miami, Florida, Court of 561. Susan Zottoli on behalf of Anthony Brandon L.M. Ehrlich, Great Neck, New Federal Claims Number 02–2016V Zottoli, Meuthen, Massachusetts, Court of York, Court of Federal Claims Number 02– 610. John Errington on behalf of Nicholas C. Federal Claims Number 02–1967V 1992V Errington, Miami, Florida, Court of Federal 562. Annette Farrell on behalf of Shelby G. 586. Angela Tresize on behalf of Travis Claims Number 02–2017V Farrell-Romeo, Cambridge, Massachusetts, Mathew Tresize, Great Neck, New York, 611. Ellen and Greg Blackburn on behalf of Court of Federal Claims Number 02–1968V Court of Federal Claims Number 02–1993V Aaron Blackburn, Miami, Florida, Court of 563. Jean M. Whelan on behalf of Daniel 587. Jose Montalvo and Maria Rivero on Federal Claims Number 02–2018V Joseph Whelan, Dover, New Hampshire, behalf of Diego Rivero, Great Neck, New 612. Julianna and Michael Boisvert on behalf Court of Federal Claims Number 02–1969V York, Court of Federal Claims Number 02– of Benjamin Boisvert, Miami, Florida, 564. Jean M. Whelan on behalf of William 1994V Tierney Whelan, Dover, New Hampshire, 588. Justina Burke on behalf of Jada Burke, Court of Federal Claims Number 02–2019V Court of Federal Claims Number 02–1970V Great Neck, New York, Court of Federal 613. Beth and Gary Kompothecras on behalf 565. Regina and Terry Harper on behalf of Claims Number 02–1995V of Sarah Kompothecras, Miami, Florida, Brandon Tyler Harper, Dallas, Texas, Court 589. Cheryl Stanescu on behalf of Gabriella Court of Federal Claims Number 02–2020V of Federal Claims Number 02–1971V Stanescu, Great Neck, New York, Court of 614. Christine and Todd Standish on behalf 566. Renea and Keith Reynolds on behalf of Federal Claims Number 02–1996V of Cara Standish, Melbourne, Florida, Benjamin Michael Reynolds, New York, 590. Maureen Schell on behalf of Vincent Court of Federal Claims Number 02–2021V New York, Court of Federal Claims Schell, Great Neck, New York, Court of 615. Donna and Larry Hardin on behalf of Number 02–1972V Federal Claims Number 02–1997V Mikayla A. Hardin, Melbourne, Florida, 567. Celeste Hopkins, Las Vegas, Nevada, 591. Kimberly Robert on behalf of Hannah Court of Federal Claims Number 02–2022V Court of Federal Claims Number 02–1973V Kay Robert, Great Neck, New York, Court 616. James Garner on behalf of James Garner, 568. Christine Coffin on behalf of Alex of Federal Claims Number 02–1998V III, Boston, Massachusetts, Court of Federal Coffin, Scotia, New York, Court of Federal 592. Gloria Paria and Gustavo Rincon on Claims Number 02–2023V Claims Number 02–1975V behalf of Kevin Rincon, Great Neck, New 617. Despina Novie on behalf of Damien 569. Melissa Paisley on behalf of Kareem York, Court of Federal Claims Number 02– Vaughn, Boston, Massachusetts, Court of Nelson, Manning, South Carolina, Court of 1999V Federal Claims Number 02–2024V Federal Claims Number 02–1976V 593. Luwana and Russell Brown on behalf of 618. Ayanna Taylor on behalf of Damien 570. Christine Brooks on behalf of Trevor Michael Brown, Miami, Florida, Vaughn, Boston, Massachusetts, Court of Christopher Brooks, Walterboro, South Court of Federal Claims Number 02–2000V Federal Claims Number 02–2025V Carolina, Court of Federal Claims Number 594. Hope and David Clayman on behalf of 619. Shelly Johnson on behalf of Chase 02–1977V Jeremy Clayman, Miami, Florida, Court of Johnson, Boston, Massachusetts, Court of 571. Tracy and Joel Enzor on behalf of Federal Claims Number 02–2001V Federal Claims Number 02–2026V Natalie Danielle Enzor, Garden City, South 595. Beth and Gary Kompothecras on behalf 620. Valerie Shropshire on behalf of Jessica Carolina, Court of Federal Claims Number of Jefferson Kompothecras, Miami, Florida, Brown, Houston, Texas, Court of Federal 02–1978V Court of Federal Claims Number 02–2002V Claims Number 02–2027V 572. Mary Williams on behalf of Courtney N. 596. Wendy and Steven Bredall on behalf of 621. Mirian Green on behalf of Nigel Green, Williams, Great Neck, New York, Court of Conor Bredall, Miami, Florida, Court of Houston, Texas, Court of Federal Claims Federal Claims Number 02–1979V Federal Claims Number 02–2003V Number 02–2028V 573. Elena Byrd on behalf of Jonathan S. 597. Beth Ann and Lawrence Volpe on behalf 622. Iranus Minor Robinson on behalf of Eric Byrd, Great Neck, New York, Court of of Zachary Lawrence Volpe, Miami, Minor, Houston, Texas, Court of Federal Federal Claims Number 02–1980V Florida, Court of Federal Claims Number Claims Number 02–2029V 574. Tracy Ranno on behalf of Dominic 02–2004V 623. Tawanda Smith on behalf of Roamond Ranno, Great Neck, New York, Court of 598. Idalmis Rodriguez on behalf of Gaulden, Jr., Houston, Texas, Court of Federal Claims Number 02–1981V Emmanuel Placeres, Miami, Florida, Court Federal Claims Number 02–2030V 575. Thelma Janina Reyes and Collin Richard of Federal Claims Number 02–2005V 624. Lauree Hutchins on behalf of Martavious on behalf of Donald Carter Richard, Great 599. Stephanie and Robert Taylor on behalf Neck, New York, Court of Federal Claims of Tyson Taylor, Miami, Florida, Court of Robertson, Houston, Texas, Court of Number 02–1982V Federal Claims Number 02–2006V Federal Claims Number 02–2031V 576. Bryan Weissman on behalf of Michael 600. Judith and Eric Vartal on behalf of Eric 625. Ethel Jackson on behalf of Charterion Weissman, Great Neck, New York, Court of Vartal, Miami, Florida, Court of Federal Moore, Houston, Texas, Court of Federal Federal Claims Number 02–1983V Claims Number 02–2007V Claims Number 02–2032V 577. Gloria M. Masse on behalf of Alec 601. Candace and John Shanaughy on behalf 626. Vallessa Clavelle on behalf of Diamond Masse, Great Neck, New York, Court of of Tyler Shanaughy, Miami, Florida, Court Clavelle, Houston, Texas, Court of Federal Federal Claims Number 02–1984V of Federal Claims Number 02–2008V Claims Number 02–2033V 578. Edward William Shannon on behalf of 602. Jane and Jim Mitchell on behalf of 627. Viviana and Joe Saldana on behalf of Maria K. Shannon, Great Neck, New York, Thomas Mitchell, Miami, Florida, Court of Daniel Jose Saldana, Houston, Texas, Court Court of Federal Claims Number 02–1985V Federal Claims Number 02–2009V of Federal Claims Number 02–2034V 579. Desiree and Troy Feliciano on behalf of 603. Monica and Patrick McAloney on behalf 628. Christine and Pedro Carreira on behalf Isaiah Feliciano, Great Neck, New York, of John McAloney, Miami, Florida, Court of Nicholas Carreira, Houston, Texas, Court Court of Federal Claims Number 02–1986V of Federal Claims Number 02–2010V of Federal Claims Number 02–2035V 580. James Searle on behalf of Jonathan 604. Paula Mueller on behalf of Michael 629. Deborah and Gabriel Adames on behalf Emmanuel Searle, Great Neck, New York, Mueller, Miami, Florida, Court of Federal of David Adames, Houston, Texas, Court of Court of Federal Claims Number 02–1987V Claims Number 02–2011V Federal Claims Number 02–2036V 581. Brenda Vactor on behalf of Julian 605. Barbara Lupo on behalf of Michael 630. Denise and Paul Ventiquattro on behalf Vactor, Great Neck, New York, Court of Lupo, Miami, Florida, Court of Federal of Jordan Ventiquattro, Houston, Texas, Federal Claims Number 02–1988V Claims Number 02–2012V Court of Federal Claims Number 02–2037V 582. Joanne Schmitt on behalf of Ryan James 606. Maryann Rubio on behalf of Anthony J. 631. Mary and Thomas Long on behalf of Sarver, Great Neck, New York, Court of Rubio, Miami, Florida, Court of Federal Thomas Long, III, Houston, Texas, Court of Federal Claims Number 02–1989V Claims Number 02–2013V Federal Claims Number 02–2038V

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632. Lynn and Matthew English on behalf of 654. Rita and Robert Parry on behalf of and personal information concerning Richard English, Houston, Texas, Court of Robert J. Parry, Houston, Texas, Court of individuals associated with the contract Federal Claims Number 02–2039V Federal Claims Number 02–2063V proposals, the disclosure of which 633. Zahira Matos-Plemons on behalf of 655. Kathy Jo and Phil Boriskie on behalf of would constitute a clearly unwarranted Joshua Cullen Plemons, Dallas, Texas, Matthew Boriskie, Houston, Texas, Court Court of Federal Claims Number 02–2040V of Federal Claims Number 02–2064V invasion of personal privacy. 634. Carlos D. Robertson on behalf of Carlos 656. Jaunice and A. Lamar Glaze on behalf Name of Committee: National Cancer D. Hinton, Hattiesburg, Mississippi, Court of Johnathan Christopher Glaze, Institute Special Emphasis Panel. Preclinical of Federal Claims Number 02–2041V Hattiesburg, Mississippi, Court of Federal Toxicology of New Cancer Preventing 635. Donna Meter on behalf of Jordan Meter, Claims Number 02–2065V Agents. Cape Coral, Florida, Court of Federal 657. Jaunice and A. Lamar Glaze on behalf Date: June 24, 2003. Claims Number 02–2044V of Matthew Jameson Glaze, Hattiesburg, Time: 8 AM to 6 PM. 636. Nancy Cannon on behalf of Michael Mississippi, Court of Federal Claims Agenda: To review and evaluate contract Cannon, Cape Coral, Florida, Court of Number 02–2066V proposals. Federal Claims Number 02–2045V 658. Jaunice and A. Lamar Glaze on behalf Place: Bethesda, Marriott Suites, 6711 637. Stephanie and Matthew Bushak on of Lauren Alexandra Glaze, Hattiesburg, Democracy Boulevard, Bethesda, MD 20817. behalf of Ryan Matthew Bushak, New Mississippi, Court of Federal Claims Contact Person: Lalita D. Palekar, PhD, York, New York, Court of Federal Claims Number 02–2067V Scientific Review Administrator, Special Number 02–2046V 659. Toni and Todd Marks on behalf of Tad Review and Resources Branch, Division of 638. Ronald Weingarten on behalf of Noah Nelson Marks, Baton Rouge, Louisiana, Extramural Activities, National Cancer Weingarten, Boston, Massachusetts, Court Court of Federal Claims Number 02–2068V Institute, National Institutes of Health, 6116 of Federal Claims Number 02–2047V 660. Erin Holmes on behalf of Jacob Holmes, Executive Boulevard, Room 8105, Bethesda, 639. Parbatie and John Errington on behalf of Deceased, Clark County, Nevada, Court of MD 20892–7405, (301) 496–7575. Nicholas C. Errington, Miami, Florida, Federal Claims Number 02–2069V (Catalogue of Federal Domestic Assistance Court of Federal Claims Number 02–2048V 661. Jami Nelson on behalf of River Gene Program Nos. 93.392, Cancer Construction; 640. Kelly and Mark Porrey on behalf of Mark White, Tyler, Texas, Court of Federal 93.393, Cancer Cause and Prevention Anthony Porrey, Miami, Florida, Court of Claims Number 02–2070V Research; 93.394, Cancer Detection and Federal Claims Number 02–2049V 662. Kimberly Campbell on behalf of Dillon Diagnosis Research; 93.395, Cancer 641. Theresa and Joseph Herbert on behalf of Campbell, Tyler, Texas, Court of Federal Treatment Research; 93.396, Cancer Biology Joseph David Herbert, Lake Charles, Claims Number 02–2071V Research; 93.397, Cancer Centers Support; Louisiana, Court of Federal Claims Number 663. Michael Sammons on behalf of Cody 93.398, Cancer Research Manpower; 93.399, 02–2050V Michael Sammons, Tyler, Texas, Court of Cancer Control, National Institutes of Health, 642. Kellie and Ronald Miller on behalf of Federal Claims Number 02–2072V HHS) Avery Hope Miller, Elizabethtown, 664. Suzanne Robinson on behalf of Celeste Kentucky, Court of Federal Claims Number Angelie Robinson, Tyler, Texas, Court of Dated: May 14, 2003. 02–2051V Federal Claims Number 02–2073V LaVerne Y. Stringfield, 665. Chiniqua Ward-Newsome on behalf of 643. Claudia and Michael Popson on behalf Jalen Jaamal Newsome, Tyler, Texas, Court Director, Office of Federal Advisory of Jeremy Thomas Popson, Louisville, of Federal Claims Number 02–2074V Committee Policy. Kentucky, Court of Federal Claims Number 666. Kimberly Campbell on behalf of Corey [FR Doc. 03–12754 Filed 5–20–03; 8:45 am] 02–2052V Campbell, Tyler, Texas, Court of Federal 644. Lisa and A. Tom Canady on behalf of BILLING CODE 4140–01–M Claims Number 02–2075V Daniel T. Canady, Baton Rouge, Louisiana, 667. Amy Blubaugh and Kelly Tanner on Court of Federal Claims Number 02–2053V behalf of Dalton Tanner-Blubaugh, Cape 645. Jeannie Wakelyn-Boyce and John Boyce DEPARTMENT OF HEALTH AND Girardeau, Missouri, Court of Federal HUMAN SERVICES on behalf of Adam Grayson Boyce, Claims Number 02–2076V Newport News, Virginia, Court of Federal Claims Number 02–2054V Dated: May 16, 2003. National Institute of Health 646. Jeannie Wakelyn-Boyce and John Boyce Elizabeth M. Duke, on behalf of Austin Michael Boyce, Administrator. National Cancer Institute; Notice of Newport News, Virginia, Court of Federal Closed Meetings [FR Doc. 03–12773 Filed 5–20–03; 8:45 am] Claims Number 02–2055V 647. Tonja and James Callender on behalf of BILLING CODE 4165–15–P Pursuant to section 10(d) of the James Callender, Jr., Baton Rouge, Federal Advisory Committee Act, as Louisiana, Court of Federal Claims Number amended (5 U.S.C. Appendix 2), notice 02–2056V DEPARTMENT OF HEALTH AND is hereby given of the following 648. Caroline and Matthew Maddock on HUMAN SERVICES meetings. behalf of Nicholas Maddock, Haslet, Texas, The meetings will be closed to the Court of Federal Claims Number 02–2057V National Institutes of Health public in accordance with the 649. John Cloar on behalf of Thomas Jake provisions set forth in sections Cloar, Mayfield, Kentucky, Court of National Cancer Institute; Notice of Federal Claims Number 02–2058V Closed Meeting 552b(c)(4) and 552b(c)(6), title 5 U.S.C., 650. Amy Holmes and Charles Weinstein on as amended. The grant applications and behalf of Michael D. Weinstein, Baton Pursuant to section 10(d) of the the discussions could disclose Rouge, Louisiana, Court of Federal Claims Federal Advisory Committee Act, as confidential trade secrets or commercial Number 02–2059V amended (5 U.S.C. Appendix 2), notice property such as patentable material, 651. Ginger and Dennis Brown on behalf of is hereby given of the following and personal information concerning Robert Lee Brown, Columbus, Indiana, meeting. individuals associated with the grant Court of Federal Claims Number 02–2060V The meeting will be closed to the application, the disclosure of which 652. Jodie and Tommy Cockrell on behalf of public in accordance with the could constitute a clearly unwarranted Joseph Kaye Cockrell, Bossier City, provisions set forth in sections Louisiana, Court of Federal Claims Number invasion of personal privacy. 02–2061V 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Cancer 653. Sandra Bryant on behalf of Laura as amended. The contract proposals and Institute Special Emphasis Panel, Network of Elizabeth Bryant, Saint Francisville, the discussions could disclose Translational Research; Optical Imaging. Louisiana, Court of Federal Claims Number confidential trade secrets or commercial Date: June 26–27, 2003. 02–2062V property such as patentable material, Time: 8 a.m. to 6 p.m.

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Agenda: To review and evaluate grant Dated: May 14, 2003. Cancer Control, National Institutes of Health, applications. LaVerne Y. Stringfield, HHS) Place: Holiday Inn Select Bethesda, 8120 Director, Office of Federal Advisory Dated: May 14, 2003. Wisconsin Avenue, Bethesda, MD 20814. Committee Policy. LaVerne Y. Stringfield, Contact Person: Joyce C. Pegues, PhD, [FR Doc. 03–12756 Filed 5–20–03; 8:45 am] Scientific Review Administrator, Special Director, Office of Federal Advisory BILLING CODE 4140–01–M Review and Resources Branch, Division of Committee Policy. Extramural Activities, National Cancer [FR Doc. 03–12758 Filed 5–20–03; 8:45 am] Institute, 6116 Executive Boulevard, Room DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–M 7149, Bethesda, MD 20892. 301/594–1286. HUMAN SERVICES Name of Committee: National Cancer Institute Special Emphasis Panel, Consortium National Institutes of Health DEPARTMENT OF HEALTH AND Therapeutic Studies of Primary Central HUMAN SERVICES Nervous System Malignancies in Adults. National Cancer Institute; Notice of Date: July 2, 2003. Meeting National Institutes of Health Time: 8 a.m. to 5 p.m. Pursuant to section 10(a) of the National Institute of Mental Health; Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. Notice of Closed Meeting amended (5 U.S.C. Appendix 2), notice Place: Bethesda Marriott, 5151 Pooks Hill is hereby given of a meeting of the Road, Bethesda, MD 20814. Pursuant to section 10(d) of the Contact Person: Timothy C. Meeker, MD, National Cancer Institute Board of Federal Advisory Committee Act, as Scientific Review Administrator, Special Scientific Advisors. amended (5 U.S.C. Appendix 2), notice The meeting will be open to the Referral and Resources Branch, Division of is hereby given of the following public, with attendance limited to space Extramural Activities, National Cancer meeting. available. Individuals who plan to Institute, 6116 Executive Boulevard, Room The meeting will be closed to the 8088, Rockville, MD 20852. 301/594–1279. attend and need special assistance, such as sign language interpretation or other public in accordance with the Name of Committee: National Cancer reasonable accommodations, should provisions set forth in sections Institute Special Emphasis Panel, Behavioral notify the Contact Person listed below 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Research in Cancer Control. as amended. The grant applications and Date: July 8, 2003. in advance of the meeting. the discussions could disclose Time: 9 a.m. to 5 p.m. Name of Committee: National Cancer Agenda: To review and evaluate grant Institute Board of Scientific Advisors. confidential trade secrets or commercial applications. Date: June 26–27, 2003. property such as patentable material, Place: National Institutes of Health, 6116 Time: June 26, 2003, 8 AM to 6 PM. and personal information concerning Executive Boulevard, Rockville, MD 20852. Agenda: Director’s Report; Ongoing and individuals associated with the grant New Business; Reports of Program Review (Telephone conference call.) applications, the disclosure of which Group(s); and Budget Presentation; Reports of Contact Person: Mary Jane Slesinski, PhD, would constitute a clearly unwarranted Special Initiatives; RFA and RFP Concept Scientific Review Administrator, Special Reviews; and Scientific Presentations. invasion of personal privacy. Review and Resources Branch, Division of Place: National Cancer Institute, 9000 Name of Committee: National Institute of Extramual Activities, National Cancer Rockville Pike, Building 31, C Wing, 6 Floor, Mental Health Special Emphasis Panel, Institute, National Institutes of Health, 6116 Conference Room 10, Bethesda, MD 20892. Services Review Committee. Executive Boulevard, Room 8045, Bethesda, Time: June 27, 2003, 8:30 AM to 6 PM. Date: June 11–12, 2003. MD 20892. 301/594–1566. Agenda: Ongoing and New Business; Time: 8 a.m. to 4 p.m. Name of Committee: National Cancer Reports of Program Review Group(s); and Budget Presentation; Reports of Special Agenda: To review and evaluate grant Institute Special Emphasis Panel, Prevention applications. Research and Epidemiology. Initiatives; RFA and RFP Concept Reviews; and Scientific Presentations. Place: Melrose Hotel, 2430 Pennsylvania Date: July 29–30, 2003. Place: National Cancer Institute, 9000 Ave., NW., Washington, DC 20037. Time: 8 a.m. to 5 p.m. Rockville Pike, Building 31, C Wing, 6 Floor, Contact Person: Henry J. Jaigler, Ph.D., Agenda: To review and evaluate grant Conference Room 10, Bethesda, MD 20892. Scientific Review Administrator, Division of applications. Contact Person: Paulette S. Gray, PhD, Extramural Activities, National Institute of Place: Gaithersburg Marriott Executive Secretary, Acting Director, Mental Health, NIH, Neuroscience Center, Washingtonian Center, 9751 Washingtonian Division of Extramural Activities, National 6001 Executive Blvd., Rm. 6150, MSC 9608, Boulevard, Gaithersburg, MD 20878. Cancer Institute, National Institutes of Bethesda, MD 20892–9608, (301) 443–7216, Contact Person: Mary Jane Slesinski, PhD, Health, 6116 Executive Boulevard, 8th Floor, Scientific Review Administrator, Special RM. 8141, Bethesda, MD 20892, 301–496– [email protected]. Review and Resources Branch, Division of 4218. (Catalogue of Federal Domestic Assistance Extramural Activities, National Cancer Information is also available on the Program Nos. 93–242, Mental Health Institute, National Institute of Health, 6116 Institute’s/Center’s home page: Research Grants; 93.281, Scientist Executive Boulevard, Room 8045, Bethesda, deainfo.nci.nih.gov/advisory/bsa.htm, Development Award, Scientist Development MD 20892. 301/594–1566. where an agenda and any additional Award for Clinicians, and Research Scientist (Catalogue of Federal Domestic Assistance information for the meeting will be Award; 93.282, Mental Health National Program Nos. 93.392, Cancer Construction; posted when available. Research Service Awards for Research 93.393, Cancer Cause and Prevention Training, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Research; 93.394, Cancer Detection and Program Nos. 93.392, Cancer Construction; Dated: May 14, 2003. Diagnosis Research; 93.395, Cancer 93.393, Cancer Cause and Prevention LaVerne Y. Stringfield, Treatment Research; 93.396, Cancer Biology Research; 93.394, Cancer Detection and Director, Office of Federal Advisory Research; 93.397, Cancer Centers Support; Diagnosis Research; 93.395, Cancer Committee Policy. 93.398, Cancer Research Manpower; 93.399, Treatment Research; 93.396, Cancer Biology Cancer Control, National Institutes of Health, Research; 93.397, Cancer Centers Support; [FR Doc. 03–12753 Filed 5–20–03; 8:45 am] HHS.) 93.398, Cancer Research Manpower; 93.399, BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND Dated: May 14, 2003. Date: June 6, 2003. HUMAN SERVICES LaVerne Y. Stringfield, Time: 9 a.m. to 11 a.m. Agenda: to review and evaluate grant Director, Office of Federal Advisory applications. National Institutes of Health Committee Policy. Place: National Institute on Aging, [FR Doc. 03–12755 Filed 5–20–03; 8:45 am] National Institute of Child Health and Gateway Building, 7201 Wisconsin Avenue Human Development; Notice of BILLING CODE 4140–01–M 2C212, Bethesda, MD 20814. (Telephone conference call.) Meeting Contact Person: Ramesh Vemuri, PhD, Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND National Institute on Aging, The Bethesda Federal Advisory Committee Act, as HUMAN SERVICES Gateway Building, 7201 Wisconsin Ave., Suite 2C212, Bethesda, MD 20892. 301–402– amended (5 U.S.C. Appendix 2), notice National Institutes of Health 7700. [email protected]. is hereby given of a meeting of the This notice is being published less than 15 Board of Scientific Counselors, NICHD. National Institute on Aging; Notice of days prior to the meeting due to the timing The meeting will be open to the Closed Meetings limitations imposed by the review and public as indicated below, with funding cycle. attendance limited to space available. Pursuant to section 10(d) of the Name of Committee: National Institute on Individuals who plan to attend and Federal Advisory Committee Act, as Aging Initial Review Group, Behavior and need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice Social Science of Aging Review Committee. language interpretation or other is hereby given of the following NIA–S COMMITTEE. reasonable accommodations, should meetings. Date: June 12–13, 2003. notify the Contact Person listed below Time: 4 p.m. to 5 p.m. The meetings will be closed to the Agenda: To review and evaluate grant in advance of the meeting. public in accordance with the applications. The meeting will be closed to the provisions set forth in sections Place: Holiday Inn Georgetown, 2101, public as indicated below in accordance 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Wisconsin Avenue, NW., Washington, DC with the provisions set forth in section as amended. The grant applications and 20007. 552b(c)(6), title 5 U.S.C., as amended for the discussions could disclose Contact Person: Alfonso R. Latoni, PhD, the review, discussion, and evaluation confidential trade secrets or commercial Scientific Review Administrator, Scientific of individual intramural programs and property such as patentable material, Review Office, National Institute on Aging, Gateway Building, 2C212, 7201 Wisconsin projects conducted by the National and personal information concerning Institute of Child Health and Human Avenue, Bethesda, MD 20892. 301/496–9666. individuals associated with the grant [email protected]. Development, including consideration applications, the disclosure of which This notice is being published less than 15 of personnel qualifications and would constitute a clearly unwarranted days prior to the meeting due to the timing performance, and the competence of invasion of personal privacy. limitations imposed by the review and individual investigators, the disclosure funding cycle. Name of Committee: National Institute on of which would constitute a clearly Aging Initial Review Group, Biological Aging (Catalogue of Federal Domestic Assistance unwarranted invasion of personal Review Committee. Program Nos. 93.866, Aging Reseach, privacy. Date: June 2–3, 2003. National Institutes of Health, HHS.) Name of Committee: Board of Scientific Time: 6 p.m. to 5 p.m. Dated: May 15, 2003. Counselors, NICHD. Agenda: To review and evaluate grant Anna Snouffer, applications. Date: June 6, 2003. Aging Director, Office of Federal Advisory Place: Holiday Inn Chevy Chase, 5520 Open: 8 a.m. to 11 a.m. Committee Policy. Agenda: To review and discuss current Wisconsin Avenue, Chevy Chase, MD 20815. [FR Doc. 03–12757 Filed 5–20–03; 8:45 am] NICHD intramural research activities. Contact Person: James P. Harwood, PhD, Place: National Institutes of Health, Deputy Chief, Scientific Review Office, The BILLING CODE 4140–01–M Building 31, Conference Room 2A48, Bethesda Gateway Building, 7201 Wisconsin Bethesda, MD 20892. Avenue/Suite 2C212, Bethesda, MD 20892. Closed: 11 a.m. to Adjournment. (301) 496–9666. [email protected]. DEPARTMENT OF HOUSING AND Agenda: To review and evaluate personal This notice is being published less than 15 URBAN DEVELOPMENT qualifications and performance, and days prior to the meeting due to the timing competence of individual investigators. limitations imposed by the review and [Docket No. FR–4815–N–26] Place: National Institutes of Health, funding cycle. Building 31, Conference Room 2A48, Name of Committee: National Institute on Notice of Submission of Proposed Bethesda, MD 20892. Aging Initial Review Group, Neuroscience of Information Collection to OMB: Contact Person: Owen M. Rennert, MD, Aging Review Committee. Housing for Older Persons Exemption Scientific Director, National Institute of Child Date: June 2–3, 2003. for Familial Status Discrimination Health and Human Development, 9000 Time: 6 p.m. to 5 p.m. Rockville Pike, Building 31, Room 2A50, Agenda: To review and evaluate grant AGENCY: Office of the Chief Information Bethesda, MD 20892. (301) 496–2133. applications. Officer, HUD. [email protected]. Place: Holiday Inn Chevy Chase, 5520 ACTION: Notice. Information is also available on the Wisconsin Avenue, Chevy Chase, MD 20815. Institute’s/Center’s home page: Contact Person: Louise L. Hsu, PhD, The SUMMARY: The proposed information www.nichd.nih.gov/about/bsd/htm, where an Bethesda Gateway Building, 7201 Wisconsin collection requirement described below agenda and any additional information for Avenue/Suite 2C212, Bethesda, MD 20892. has been submitted to the Office of the meeting will be posted when available. (301) 496–9666. [email protected]. Management and Budget (OMB) for (Catalogue of Federal Domestic Assistance This notice is being published less than 15 days prior to the meeting due to the timing review, as required by the Paperwork Program Nos. 93.864, Population Research; Reduction Act. The Department is 93.865, Research for Mothers and Children; limitations imposed by the review and 93.929, Center for Medical Rehabilitation funding cycle. soliciting public comments on the Research; 93.209, Contraception and Name of Committee: National Institute on subject proposal. Infertility Loan Repayment Program, National Aging Special Emphasis Panel, Alzheimer’s DATES: Comments Due Date: June 20, Institutes of Health, HHS.) Disease Clinical Trial. 2003.

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ADDRESSES: Interested persons are for the collection of information, as with the proposal and of the OMB Desk invited to submit comments regarding described below, to OMB for review, as Officer for the Department. this proposal. Comments should refer to required by the Paperwork Reduction This Notice also lists the following the proposal by name and/or OMB Act (44 U.S.C. Chapter 35). The Notice information: approval number (2529–0046) and lists the following information: (1) The Title of Proposal: Housing for Older should be sent to: Lauren Wittenberg, title of the information collection Persons exemption for familial status OMB Desk Officer, Office of proposal; (2) the office of the agency to discrimination. Management and Budget, Room 10235, collect the information; (3) the OMB OMB Approval Number: 2529–0046. New Executive Office Building, approval number, if applicable; (4) the Washington, DC 20503; Fax number description of the need for the Form Numbers: None. (202) 395–6974; E-mail information and its proposed use; (5) Description of the Need for the _ Lauren [email protected]. the agency form number, if applicable; Information and its Proposed Use: This FOR FURTHER INFORMATION CONTACT: (6) what members of the public will be information collection supports an Wayne Eddins, Reports Management affected by the proposal; (7) how allowance for housing providers to Officer, AYO, Department of Housing frequently information submissions will claim exemption to the familial status and Urban Development, 451 Seventh be required; (8) an estimate of the total provision of the Fair Housing Act, as Street, Southwest, Washington, DC number of hours needed to prepare the amended by the Housing for Older 20410; e-mail [email protected]; information submission including Persons Act of 1995. telephone (202) 708–2374. This is not a number of respondents, frequency of Respondents: Business or other for- toll-free number. Copies of the proposed response, and hours of response; (9) profit, not-for-profit institutions, State, forms and other available documents whether the proposal is new, an Local or Tribal Government. submitted to OMB may be obtained extension, reinstatement, or revision of Frequency of Submission: Other upon from Mr. Eddins. an information collection requirement; declaring housing for older persons; SUPPLEMENTARY INFORMATION: The and (10) the name and telephone upon receipt of a familial status Department has submitted the proposal number of an agency official familiar complaint, on occasion.

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

Reporting burden ...... 12,000 1 0.45 5,500

Total Estimated Burden Hours: 5,500. soliciting public comments on the burden of the proposed collection of Status: Extension of a currently subject proposal. information; (3) enhance the quality, approved collection. DATES: Comments Due Date: July 21, utility, and clarity of the information to Authority: Section 3507 of the Paperwork 2003. be collected; and (4) minimize the Reduction Act of 1995, 44 U.S.C. 35, as burden of the collection of information ADDRESSES: amended. Interested persons are on those who are to respond; including invited to submit comments regarding Dated: May 14, 2003. through the use of appropriate this proposal. Comments should refer to automated collection techniques or Wayne Eddins, the proposal by name and/or OMB other forms of information technology, Departmental Reports Management Officer, Control Number and should be sent to: e.g., permitting electronic submission of Office of the Chief Information Officer. Reports Liaison Officer, Office of Policy responses. [FR Doc. 03–12682 Filed 5–20–03; 8:45 am] Development and Research, Department This notice also lists the following BILLING CODE 4210–72–P of Housing and Urban Development, information: 451 7th Street, SW., Room 8226, Title of Proposal: Extension of Survey Washington, DC 20410–6000. DEPARTMENT OF HOUSING AND of Housing Conditions for Households FOR FURTHER INFORMATION CONTACT: URBAN DEVELOPMENT Living in Federally-Assisted Units. Barbara Haley, 202–708–5537, ext. 5708 OMB Control Number: 2528–0170 (this is not a toll-free number), for (exp. 02/21/04). [Docket No. FR–4818–N–05] copies of the proposed forms and other Description of the Need for the available documents. Notice of Proposed Information Information and Proposed Use: HUD Collection for Public Comment: SUPPLEMENTARY INFORMATION: The developed and tested a cost-effective Extension of Survey of Housing Department will submit the proposed mail survey instrument for assessing the Conditions for Households Living in information collection to OMB for condition of housing units assisted Federally-Assisted Units review, as required by the Paperwork through HUD’s Choice Voucher Program Reduction Act of 1995 (44 U.S.C. (formerly known as section 8). The pilot AGENCY: Office of the Assistant chapter 35, as amended). This notice is survey, which elicited renters’ ratings of Secretary for Policy Development and soliciting comments from members of their housing, provided high levels of Research, HUD. the public and affected agencies agreement with independent condition ACTION: Notice. concerning the proposed collection of ratings by professional inspectors. HUD information to: (1) Evaluate whether the implements the survey as an ongoing SUMMARY: The proposed information proposed collection of information is tool to assess customer ratings of the collection requirement described below necessary for the proper performance of condition of housing assisted through will be submitted to the Office of the functions of the agency, including the Housing Choice Voucher Program. Management and Budget (OMB) for whether the information will have This survey helps HUD focus its review as required by the Paperwork practical utility; (2) evaluate the monitoring and technical assistance Reduction Act. The Department is accuracy of the agency’s estimate of the resources on property owners and

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housing authorities whose performance years. Proposed goals for the refuge Under Alternative 2, the Service’s most need improvement. It also include: proposed action, wildlife and habitat provides policy and program managers • Perpetuating a diversity of high would be managed with emphasis on with valid measures for tracking quality, more natural-like communities old growth forest communities, and housing conditions over time. as habitats for trust and resident species; increasing emphasis on education and Agency Form Numbers: None. • Continuing to protect, maintain, recreation programs. Refuge programs Members of the Affected Public: and enhance native plant and animal provide the public with an opportunity Households residing in units receiving species; to learn about, enjoy, and appreciate assistance from the Housing Choice • Improving conditions for fish, fish and wildlife. these programs Voucher Program. wildlife, habitats, special management include hunting, fishing, wildlife Estimation of the Total Number of areas, and wilderness through the use of observation and photography, and Hours Needed to Prepare the current land protection programs, laws, environmental education and Information Collection Including policies, and partnerships; interpretation. Deer hunting • Number of Respondents, Frequency of Developing recreation and opportunities would continue in order Response, and Hours of Response: education opportunities that promote to manage the population, and small Information will be collected by a fish and wildlife conservation game and waterfowl hunting periodic mail survey of 259,000 of the consistent with the Service’s mission opportunities would continue as well. 1.8 million households who live in and policies, and the purpose for which Game fish populations at Bluff and housing units assisted through the the refuge was established; Loakfoma lakes would be maintained to • Housing Choice Voucher Program. Protecting the cultural resources of support an annual average of 13,000 Based on the first year of data the refuge; and • angler-use days through natural collection, a 62 percent response rate is Developing and maintaining a reproduction, habitat management, expected. The survey will take comprehensive refuge facility regulated harvest, and stocking when approximately 15 minutes to complete. responsive to supporting the appropriate. Under this alternative, the This means a total of 40,145 hours of management of fish and wildlife refuge would seek to maintain and response time annually is expected for resources, and the safety and experience improve overlooks, boardwalks and the information collection. of refuge visitors. trails, and provide special guided and Status of the Proposed Extension of Also available for review are the draft education program tours each season, Information Collection: Pending compatibility determinations for with an objective of increasing submission to the Office of Management recreational hunting, recreational interpretation activities to at least 15 and Budget (OMB). fishing, wildlife observation and events annually. The refuge would Authority: Section 3506 of the Paperwork photography, environmental education coordinate with the local school district Reduction Act of 1995, 44 U.S.C. chapter 35, and interpretation, forest habitat and others to share expertise, host as amended. management, haying, and research and meetings at the environmental collections. Dated: May 14, 2003. education center, refuge outdoor Christopher D. Lord, Proposed Action classroom, and off-site locations to Deputy Assistant Secretary for Policy The proposed action is to adopt and support 15,000 students annually. This Development. implement a comprehensive alternative emphasizes providing [FR Doc. 03–12684 Filed 5–20–03; 8:45 am] conservation plan for the refuge that habitat for forest nesting birds BILLING CODE 4210–62–P best achieves the refuge’s purpose, dependent on mature hardwood forests vision, and goals; contributes to the and adequate habitat for resident and National Wildlife Refuge System migratory waterfowl. Current DEPARTMENT OF THE INTERIOR mission; addresses the significant issues partnerships that assist the refuge in and relevant mandates; and is consistent accomplishing its conservation Fish and Wildlife Service with principles of sound fish and objectives would continue under this wildlife management. The Service alternative, as would coordination with Noxubee National Wildlife Refuge analyzed three alternatives for future the Service’s private lands’ biologist to implement the Partners for Fish and AGENCY: Fish and Wildlife Service, management of the refuge and chose Department of the Interior. Alternative 2, as the one to best achieve Wildlife Program with local landowners and other conservation groups. ACTION: all of these elements. Notice of availability of the Communication with local landowners Draft Comprehensive Conservation Plan Alternatives and community groups would continue and Environmental Assessment for in order to promote wildlife Noxubee National Wildlife Refuge The draft comprehensive conservation plan and environmental assessment conservation. A comprehensive cultural located in Noxubee, Oktibbeha, and resources’ survey would be conducted, Winston Counties, Mississippi. evaluates the three alternatives for managing the refuge over the next 15 and protection and interpretation of SUMMARY: The Fish and Wildlife Service years. These alternatives are briefly cultural resources would be improved. announces that a Draft Comprehensive described as follows: Alternative 3 emphasizes providing Conservation Plan and Environmental Alternative I represents the status early successional forest habitat and Assessment for Noxubee National quo; e.g., no changes from current increases in certain education and Wildlife Refuge are available for review management of the refuge. The refuge recreation programs. Forest management and comment. These documents have would continue with its existing forest of pine and pine/hardwood forests been prepared pursuant to the National management plan that emphasizes older would be directed towards providing Wildlife Refuge System Improvement age classes of trees and late successional old growth adequate to support the Act of 1997, and the National wildlife communities. Waters and refuge’s goal for the redcockaded Environmental Policy Act of 1969, and wetlands would be managed under woodpecker, and for providing early describe the Service’s proposal for current policies. Cultural resources successional habitat for neotropical managing the refuge over the next 15 would be protected at current levels. migratory birds and certain game

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species. Management of the hardwood request that we withhold their home California gnatcatcher (Polioptila forest would also be directed towards addresses from the record, which we californica californica, ‘‘gnatcatcher’’) providing early successional habitat. will honor to the extent allowable by incidental to otherwise lawful activities law. associated with the replacement of an Actions Common to All Alternatives SUPPLEMENTARY INFORMATION: Noxubee existing 300,000 gallon water tank All three alternatives share the National Wildlife Refuge, located in reservoir with a 4 million gallon following management concepts and east-central Mississippi, consists of reservoir on 2.7 acres in Riverside techniques for achieving the goals of the 47,959 acres, of which 42,500 acres are County, California. The project would refuge: in bottomland hardwood, upland result in the incidental take of one pair • Restoring native habitats; hardwood, mixed pine/hardwood, and of gnatcatchers on the project site • Establishing, maintaining, and through permanent removal of improving partnerships with pine forests. These forests support a variety of upland species including approximately 2.3 acres of habitat. landowners and local, state, and federal We request comments from the public turkey, deer, and quail. The endangered agencies and organizations; on the permit application and an red-cockaded woodpecker is found in • Coordinating management actions Environmental Assessment, both of the refuge’s old-growth pine habitat. with local and state land and resource which are available for review. The Many neotropical bird species benefit management agencies; permit application includes the from refuge forests. Greentree reservoirs, • Monitoring breeding red-cockaded proposed Habitat Conservation Plan natural ponds, and man-made woodpecker populations in partnership (HCP) and an accompanying impoundments provide important with others; Implementing Agreement. The HCP habitat for other migratory birds, as well • Removing non-native invasive describes the proposed action and the as wintering habitat for waterfowl and plants; measures that the Applicant will • Encouraging scientific research on bald eagles. Annually, more than 150,000 visitors undertake to minimize and mitigate take the refuge; and of the gnatcatcher. To review the permit • participate in refuge activities, Exploring expansion of the refuge application or Environmental boundary. including fishing, hunting, hiking, wildlife photography, wildlife Assessment, see ‘‘Availability of SUPPLEMENTARY DATES: A meeting will be held at the observation, and environmental Documents’’ in the refuge’s education center to present the education and interpretation. INFORMATION section. plan to the public. Mailings, newspaper DATES: We must receive your written FOR FURTHER INFORMATION CONTACT: articles, and postings on the refuge comments on or before July 21, 2003. Refuge Manager, Noxubee National website will be the avenues to inform Wildlife Refuge at 662/323–5548; fax ADDRESSES: Please address written the public of the date and time for this 662/323–5806, or by writing to the comments to Mr. Jim Bartel, Field meeting. Individuals wishing to Refuge Manager at the above address. Supervisor, U.S. Fish and Wildlife comment on the Draft Comprehensive Service, 6010 Hidden Valley Road, Conservation Plan and Environmental Authority: This notice is published under Carlsbad, California 92009. You also Assessment for Noxubee National the authority of the National Wildlife Refuge may send comments by facsimile to Wildlife Refuge should do so within 60 System Improvement Act of 1997, Public Law 105–57. (760) 918–0638. days following the date of this notice. FOR FURTHER INFORMATION CONTACT: Ms. Dated: May 14, 2003. Public comments were requested, Karen Evans, Assistant Field considered, and incorporated J. Mitch King, Supervisor, at the above address or call throughout the planning process in Acting Regional Director. (760) 431–9440. numerous ways. Public outreach has [FR Doc. 03–12710 Filed 5–20–03; 8:45 am] SUPPLEMENTARY INFORMATION: included public scoping meetings, BILLING CODE 4310–55–M technical workgroups, planning updates Availability of Documents and a Federal Register notice. You may obtain copies of these ADDRESSES: Comments on the Draft DEPARTMENT OF THE INTERIOR documents for review by contacting the Comprehensive Conservation Plan and Assistant Field Supervisor (FOR FURTHER Fish and Wildlife Service Environmental Assessment should be INFORMATION CONTACT). Documents also addressed to Refuge Manager, Noxubee Availability of an Environmental will be available for public inspection, National Wildlife Refuge, 224 Office Assessment and Receipt of an by appointment, during normal business Road, Brooksville, Mississippi 39739. Application for an Incidental Take hours at the above address (see Comments may also be submitted via Permit for the Harley John Reservoir ADDRESSES) and at the Woodcrest electronic mail to [email protected]. If Replacement in Riverside County, CA Library, Riverside County Library you wish to submit comments by System, 17024 Van Buren Blvd., electronic mail, please submit them as AGENCY: Fish and Wildlife Service, Riverside, California. an ASCII file, avoiding the use of special Interior. Background characters and any form of encryption. ACTION: Notice of availability and Please include your name and return receipt of application. Section 9 of the Act and federal address to your Internet message. If you regulations prohibit the ‘‘take’’ of fish do not receive a confirmation from the SUMMARY: Western Municipal Water and wildlife species listed as system that we have received your District (Applicant) has applied to the endangered or threatened. Take of Internet message, contact us at the Fish and Wildlife Service (Service) for federally listed fish and wildlife is phone number or address listed in this an incidental take permit pursuant to defined under the Act as including to notice. Our practice is to make section 10(a)(1)(B) of the Endangered ‘‘harass, harm, pursue, hunt, shoot, comments, including names and home Species Act (Act) of 1973, as amended. wound, kill, trap, capture, or collect, or addresses of respondents, available for The Service is considering issuing a 3- to attempt to engage in any such public review during regular business year permit to the Applicant that would conduct.’’ The Service may, under hours. Individuals respondents may authorize take of the threatened coastal limited circumstances, issue permits to

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authorize incidental take (i.e., take that including the gnatcatcher, within the DEPARTMENT OF THE INTERIOR is incidental to, and not the purpose of, area protected by the bank. Bureau of Land Management the carrying out of an otherwise lawful Although not reflected in the HCP and activity). Regulations governing Implementing Agreement available for [WO–260–09–1060–00–24 1A] incidental take permits for threatened public comment, we anticipate that the species are found in 50 CFR 17.32. conservation bank landowner and land Wild Horse and Burro Advisory Board; The Applicant proposes to replace an manager will be signatories to the Meeting existing 300,000-gallon reservoir with a Agreement, committing to the 4-million gallon reservoir on 2.7 acres. AGENCY: Bureau of Land Management, protection, management, and The project site is located Interior. approximately one-quarter mile west of monitoring of the conservation bank ACTION: Announcement of meeting. Harley John Road, two-thirds of a mile lands to conserve riversidean sage scrub SUMMARY: north of Cajalco Road, one-half mile east habitat and gnatcatchers in perpetuity. The Bureau of Land of El Sobrante Road, and one-quarter The Service’s Environmental Management (BLM) announces that the mile south of Scottsdale Drive, in Assessment considers the Wild Horse and Burro Advisory Board will conduct a meeting on matters Riverside County, California. The environmental consequences of two pertaining to management and existing water tank has been in use for alternatives, including: (1) The approximately 40 years. The project site protection of wild, free-roaming horses Proposed Project Alternative, which and burros on the Nation’s public lands. occurs at the northern periphery of the consists of issuance of the incidental DATES: Lake Mathews Estelle Mountain take permit and implementation of the The Advisory Board will meet Monday, June 16, 2003, from 8 a.m., to Reserve. Rural residences and orchards HCP and Implementing Agreement; and 5 p.m., local time, and on Tuesday, June exist southeast of the site. The project (2) the No Action Alternative, which site contains and is adjacent to 17, 2003, from 8 a.m., to 3 p.m., local consists of no permit issuance and no time. gnatcatcher habitat within the Lake replacement of the reservoir at this time. ADDRESSES: The Advisory Board will Mathews region. The project site does The alternative to the Proposed Project not occur within gnatcatcher proposed meet at the Sheraton Billings Hotel, 27 Alternative would result in less long- critical habitat. N. 27th Street, Billings, MT, phone 406– term conservation for the gnatcatcher One pair of gnatcatchers and a 252–7400. within western Riverside County, as it juvenile were detected during surveys Written comments pertaining to the would not contribute as much, or at all, conducted according to Service protocol Advisory Board meeting should be sent in 1994, 1999, and 2000. Based on these to conservation of areas within habitat to: Bureau of Land Management, survey results, the Service concluded being considered by the Service and National Wild Horse and Burro that implementation of the proposed local agencies for long-term Program, WO 260, Attention: Ramona project will likely result in take of one conservation of the species. Delorme, 1340 Financial Boulevard, pair of gnatcatchers through the This notice is provided pursuant to Reno, Nevada, 89502–7147. Submit permanent removal of 2.3 acres of section 10(a) of the Act and the written comments pertaining to the vegetation on the 2.7-acre site. regulations of the National Advisory Board meeting no later than The federally endangered Quino Environmental Policy Act (NEPA) of close of business June 6, 2003. See checkerspot butterfly (Euphydryas 1969 (40 CFR 1506.6). All comments SUPPLEMENTARY INFORMATION section for editha quino) was not detected on the that we receive, including names and electronic access and filing address. project site during a survey conducted addresses, will become part of the FOR FURTHER INFORMATION CONTACT: in 1999. The federally endangered official administrative record and may Janet Nordin, Wild Horse and Burro Stephens’ kangaroo rat (Dipodomys be made available to the public. We will Public Outreach Specialist, 775–861– stephensi) may occupy portions of the evaluate the application, associated 6583. Individuals who use a proposed project site; however, no documents, and comments submitted telecommunications device for the deaf Stephens’ kangaroo rat surveys have thereon to determine whether the (TDD) may reach Ms. Nordin at any time been conducted at the project site. application meets the requirements of by calling the Federal Information Relay Because the proposed project site occurs NEPA regulations and section 10(a) of Service at 1–800–877–8339. within the plan area boundary of the the Act. If we determine that those SUPPLEMENTARY INFORMATION: Habitat Conservation Plan for the Stephens’ Kangaroo Rat in Western requirements are met, we will issue a I. Public Meeting permit to the Applicant for the Riverside County, California (March Under the authority of 43 CFR part incidental take of the gnatcatcher. We 1996), compliance with this Plan and its 1784, the Wild Horse and Burro will make our final permit decision no associated implementation agreement Advisory Board advises the Secretary of will be required prior to any ground- sooner than 60 days after the date of this the Interior, the Director of the BLM, the disturbing activities. notice. Secretary of Agriculture, and the Chief, To mitigate take of gnatcatchers on Dated: May 14, 2003. Forest Service, on matters pertaining to the project site, the Applicant proposes Ken McDermond, management and protection of wild, to purchase 7 credits towards Deputy Manager, California/Nevada free-roaming horses and burros on the conservation in perpetuity of 7 acres of Operations Office, Sacramento, California. Nation’s public lands. The tentative gnatcatcher habitat, composed of [FR Doc. 03–12679 Filed 5–20–03; 8:45 am] agenda for the meeting is: riversidean sage scrub vegetation, from an off-site conservation bank in western BILLING CODE 4310–55–P Monday, June 16, 2003 (8 a.m.–5 p.m.) Riverside County. The conservation 8 a.m.—Call to Order & Introductions: bank collects fees supporting a 8:15 a.m.—Old Business: management endowment to ensure the 8:45 a.m.—Program Update permanent management and monitoring 9 a.m.—Status of WH&B Strategic Plan of sensitive species and habitats, 9:30 a.m.—Break

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9:45 a.m.—Old Business (continued): explain the reason for any (PRA), we are notifying the public that 10:45 a.m.—Report on ‘‘Reaching AML recommendation. The BLM appreciates we have submitted to OMB an by 2005: A Mid-Course Review any and all comments, but those most information collection request (ICR) to 12:30 p.m.—Lunch useful and likely to influence decisions renew approval of the paperwork 1:30 p.m.—Old Business (continued): on management and protection of wild requirements in the regulations under 2:30 p.m.—Break horses and burros are those that are 30 CFR 250, Subpart K, ‘‘Oil and Gas 2:45 p.m.—Old Business (continued): either supported by quantitative Production Rates.’’ This notice also 4 p.m.—Public Comments information or studies or those that provides the public a second 4:45 p.m.—Recap/Summary include citations to and analysis of opportunity to comment on the 5–6 p.m.—Adjourn: Roundtable applicable laws and regulations. Except paperwork burden of these regulatory Discussion for comments provided in electronic requirements. format, speakers should submit two Tuesday, June 17, 2003 (8 a.m.–3 p.m.) DATES: Submit written comments by copies of their written comments where 8 a.m.—New Business: June 20, 2003. feasible. The BLM will not necessarily Break—(9:45 a.m.–10 a.m.) consider comments received after the ADDRESSES: You may submit comments 10 a.m.—Organizational Discussion on directly to the Office of Information and Advisory Board Hosted Symposium time indicated under the DATES section or at locations other than that listed in Regulatory Affairs, OMB, Attention: 12 p.m.—Lunch Desk Officer for the Department of the 1 p.m.—Board Recommendations the ADDRESSES section. In the event there is a request under Interior (1010–0041), 725 17th Street, 2:30 p.m.—Next Meeting/Date/Site NW., Washington, DC 20503. Mail or 3 p.m.—Adjourn the Freedom of Information Act (FOIA) for a copy of your comments, the BLM hand-carry a copy of your comments to The meeting site is accessible to will make them available in their the Department of the Interior; Minerals individuals with disabilities. An entirety, including your name and Management Service; Attention: Rules individual with a disability needing an address. However, if you do not want Processing Team; Mail Stop 4024; 381 auxiliary aid or service to participate in the BLM to release your name and Elden Street; Herndon, Virginia 20170– the meeting, such as interpreting address in response to a FOIA request, 4817. If you wish to e-mail your service, assistive listening device, or you must state this prominently at the comments to MMS, the address is: materials in an alternate format, must beginning of your comment. The BLM [email protected]. Reference notify the person listed under FOR will honor your request to the extent Information Collection 1010–0041 in FURTHER INFORMATION CONTACT two allowed by law. The BLM will release your subject line and mark your weeks before the scheduled meeting all submissions from organizations or message for return receipt. Include your date. Although the BLM will attempt to businesses, and from individuals name and return address in your meet a request received after that date, identifying themselves as message text. the requested auxiliary aid or service representatives or officials of FOR FURTHER INFORMATION CONTACT: may not be available because of organizations or businesses, in their Arlene Bajusz, Rules Processing Team, insufficient time to arrange it. telephone (703) 787–1600. You may also The Federal advisory committee entirety, including names and contact Arlene Bajusz to obtain a copy, management regulations [41 CFR 101– addresses. at no cost, of the regulations that require 6.1015(b),] require BLM to publish in Electronic Access and Filing Address the subject collection of information. the Federal Register notice of a meeting Speakers may transmit comments SUPPLEMENTARY INFORMATION: 15 days prior to the meeting date. electronically via the Internet to: _ Title: 30 CFR 250, Subpart K, Oil and II. Public Comment Procedures Janet [email protected]. Please include Gas Production Rates. the identifier ‘‘WH&B’’ in the subject of Members of the public may make oral OMB Control Number: 1010–0041. your message and your name and statements to the Advisory Board on Abstract: The Outer Continental Shelf address in the body of your message. June 16, 2003, at the appropriate point (OCS) Lands Act, 43 U.S.C. 1331 et seq., in the agenda. This opportunity is Dated: May 15, 2003. gives the Secretary of the Interior anticipated to occur at 4 p.m., local Bud Cribley, (Secretary) the responsibility to time. Persons wishing to make Acting Deputy Assistant Director, Renewable preserve, protect, and develop oil and statements should register with the BLM Resources and Planning. gas resources in the OCS, consistent by noon June 16, 2003, at the meeting [FR Doc. 03–12680 Filed 5–20–03; 8:45 am] with the need to make such resources location. Depending on the number of BILLING CODE 4310–84–P available to meet the Nation’s energy speakers, the Advisory Board may limit needs as rapidly as possible; balance the length of presentations. At previous orderly energy resource development meetings, presentations have been DEPARTMENT OF THE INTERIOR with protection of the human, marine, limited to three minutes in length. and coastal environments; ensure the Speakers should address the specific Minerals Management Service public a fair and equitable return on the wild horse and burro-related topics resources of the OCS; and preserve and Agency Information Collection listed on the agenda. Speakers must maintain free enterprise competition. Activities: Submitted for Office of submit a written copy of their statement Section 1334(g)(2) states ‘‘ * * * the Management and Budget (OMB) to the address listed in the ADDRESSES lessee shall produce such oil or gas, or Review; Comment Request section or bring a written copy to the both, at rates * * * to assure the meeting. AGENCY: Minerals Management Service maximum rate of production which may Participation in the Advisory Board (MMS), Interior. be sustained without loss of ultimate meeting is not a prerequisite for ACTION: Notice of extension of an recovery of oil or gas, or both, under submission of written comments. The information collection (1010–0041). sound engineering and economic BLM invites written comments from all principles, and which is safe for the interested parties. Your written SUMMARY: To comply with the duration of the activity covered by the comments should be specific and Paperwork Reduction Act of 1995 approved plan.’’

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Regulations at 30 CFR part 250, maximum production and maximum of a sensitive nature are collected. subpart K, implement these statutory efficient rates; to compare the volume of Responses are mandatory. requirements. We use the information hydrogen sulfide (H2S) flared and the Frequency: On occasion and monthly. collected to determine if produced gas sulphur dioxide (SO2) emitted with the Estimated Number and Description of can be put to beneficial use specified amounts in approved Respondents: Approximately 130 economically, to analyze the risks of contingency plans; to monitor monthly Federal OCS oil and gas lessees. transporting the liquid hydrocarbons atmospheric emissions of SO2 for air Estimated Reporting and against the value of the resource, and to quality; to review applications for Recordkeeping ‘‘Hour’’ Burden: The account for volumes of flared gas and downhole commingling to ensure that estimated annual ‘‘hour’’ burden for this burned liquid hydrocarbons. The MMS action does not result in harm to information collection is a total of uses the information in its efforts to ultimate recovery or undervalued 15,636 hours. The following chart conserve natural resources, prevent royalties. details the individual components and waste, and protect correlative rights estimated hour burdens. In calculating including the Government’s royalty We will protect information from the burdens, we assumed that interest. Specifically, MMS uses the respondents considered proprietary respondents perform certain information to review records of under the Freedom of Information Act requirements in the normal course of burning liquid hydrocarbons and (5 U.S.C. 552) and its implementing their activities. We consider these to be venting and flaring actions to ensure regulations (43 CFR part 2) and under usual and customary and took that into that they are not excessive; to determine regulations at 30 CFR 250.196. No items account in estimating the burden.

Annual Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual burden 250 subpart K responses hours

1101(b) ...... Request approval to produce within 500 feet of a lease line ...... 5 21 requests ...... 105 1101(c) ...... Request approval to produce gas cap of a sensitive reservoir ...... 12 125 requests ...... 1,500 1102 ...... Submit forms MMS–0 126, MMS–127, and MMS–128—burden covered under 1010–0039, 1010–0018, and 1010– 0 0017. 1102(a)(5) ...... Submit alternative plan for overproduction status—MMS is not currently collecting this information. 0 1102(b)(6) ...... Request extension of time to submit results of semiannual well test. 1⁄2 37 requests...... 19 1103(a) ...... Request approval of test periods of less than 4 hours and pretest sta- 1⁄2 37 requests...... 19 bilization periods of less than 6 hours. 1103(c) ...... Provide advance notice of time and date of well tests ...... 1⁄2 10 notices...... 5 1104(c) ...... Submit results of all static bottomhole pressure surveys obtained by 1 1,235 surveys ...... 1,235 lessee. Information is submitted on form MMSÐ140 in the Gulf of Mexico Region. 1105(a), (b) ...... Request special approval to flare or vent oil-well gas ...... 1⁄2 506 requests...... 253 1105(c) ...... Request approval to burn produced liquid hydrocarbons ...... 1⁄2 60 requests...... 30 1105(f) ...... Submit monthly reports of flared or vented gas containing H2S ...... 2 3 operators × 12 mos. = 36 72 1105(f) ...... H2S Contingency, Exploration, or Development and Production Plans—burden covered under 1010–0053 and 0 1010Ð0049. 1106 ...... Submit application to commingle hydrocarbons produced from mul- 6 118 applications ...... 708 tiple reservoirs and inform other lessees having an interest. 1107(b) ...... Submit proposed plan for enhanced recovery operations ...... 12 24 plans ...... 288 1107(c) ...... Submit periodic reports of volumes of oil, gas, or other substances in- 2 67 reports ...... 134 jected, produced, or reproduced. 1100Ð1107 ...... General departure or alternative compliance requests not specifically 1 120 survey waivers ...... 120 covered elsewhere in subpart K, including bottomhole pressure 6 20 requests ...... 120 survey waivers and reservoir reclassification requests.

Reporting Subtotal 2,416 ...... 4,608

1105(d), (e) ...... Maintain records for 2 years detailing gas flaring or venting...... 13 846 platforms ...... 10,998 1105(d), (e) ...... Maintain records for 2 years detailing liquid hydrocarbon burning...... 1⁄2 60 occurences...... 30

Recordkeeping Subtotal 130 Recordkeepers ...... 11,028

Total Burden ...... 2,546 ...... 15,636

Estimated Reporting and Comments: Section 3506(c)(2)(A) of information is useful; (b) evaluate the Recordkeeping ‘‘Non-Hour Cost’’ the PRA (44 U.S.C. 3501, et seq.) accuracy of the agency’s estimate of the Burden: We have identified no cost requires each agency ‘‘ * * * to provide burden of the proposed collection of burdens for this collection. notice * * * and otherwise consult information; (c) enhance the quality, Public Disclosure Statement: The PRA with members of the public and affected usefulness, and clarity of the (44 U.S.C. 3501, et seq.) provides that an agencies concerning each proposed information to be collected; and (d) agency may not conduct or sponsor a collection of information * * *’’ minimize the burden on the collection of information unless it Agencies must specifically solicit respondents, including the use of displays a currently valid OMB control comments to: (a) Evaluate whether the automated collection techniques or number. Until OMB approves a proposed collection of information is other forms of information technology. collection of information, you are not necessary for the agency to perform its To comply with the public obligated to respond. duties, including whether the consultation process, on December 6,

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2002, we published a Federal Register respondents may request that we DEPARTMENT OF THE INTERIOR notice (67 FR 72693) announcing that withhold their home address from the we would submit this ICR to OMB for record, which we will honor to the Minerals Management Service approval. The notice provided the extent allowable by the law. There may RIN 1010–AB57 required 60-day comment period. In be circumstances in which we would addition, § 250.199 provides the OMB withhold from the record a respondent’s Major Portion Prices and Due Dates for control number for the information identity, as allowable by the law. If you Additional Royalty Payments on Indian collection requirements imposed by the wish us to withhold your name and/or Gas Production in Designated Areas 30 CFR 250 regulations and forms. The address, you must state this Not Associated With an Index Zone regulation also informs the public that prominently at the beginning of your AGENCY: they may comment at any time on the comment. However, we will not Minerals Management Service. collections of information and provides consider anonymous comments. We ACTION: Notice; correction. the address to which they should send will make all submissions from comments. We have received no SUMMARY: The Minerals Management organizations or businesses, and from comments in response to these efforts. Service published a document in the If you wish to comment in response individuals identifying themselves as Federal Register of April 29, 2003, to this notice, you may send your representatives or officials of concerning major portion prices and comments to the offices listed under the organizations or businesses, available due dates for additional royalty ADDRESSES section of this notice. OMB for public inspection in their entirety. payments on Indian gas production in has up to 60 days to approve or MMS Information Collection designated areas not associated with an disapprove the information collection Clearance Officer: Jo Ann Lauterbach, index zone. Information was but may respond after 30 days. (202) 208–7744. erroneously omitted from the table. Therefore, to ensure maximum Dated: March 11, 2003. FOR FURTHER INFORMATION CONTACT: John consideration, OMB should receive Barder, 303–231–3702. public comments by June 20, 2003. E. P. Danenberger, Public Comment Policy: Our practice Chief, Engineering and Operations Division. Correction is to make comments, including names [FR Doc. 03–12693 Filed 5–20–03; 8:45 am] In the Federal Register of April 29, and home addresses of respondents, BILLING CODE 4310–MR–P 2003, in FR Doc. 03–10534, on page available for public review during 22736, the second entry of the table is regular business hours. Individual corrected to read:

October November December MMS-designated areas 2001 2001 2001 (MMBtu) (MMBtu) (MMBtu)

Ute Allotted Leases in the Uintah and Ouray Reservation ...... 0.90 2.32 1.90

Dated: May 15, 2003. course effectiveness evaluation forms. (see 5 CFR 1320.8(d)). OSM has Lucy Querques Denett, These collection requests have been submitted two requests to OMB to Associate Director for Minerals Revenue forwarded to the Office of Management renew its approval of the collections of Management. and Budget (OMB) for review and information contained in: 30 CFR 795, [FR Doc. 03–12714 Filed 5–20–03; 8:45 am] comment. The information collection Permanent Regulatory Program—Small BILLING CODE 4310–MR–P requests describe the nature of the Operator Assistance Program (SOAP); information collections and the and two technical training program expected burden and cost. course effectiveness evaluation forms. DEPARTMENT OF THE INTERIOR DATES: OMB has up to 60 days to OSM is requesting a 3-year term of approve or disapprove the information Office of Surface Mining Reclamation approval for each information collection collections but may respond after 30 and Enforcement activity. days. Therefore, public comments should be submitted to OMB by June 20, An agency may not conduct or Notice of Proposed Information sponsor, and a person is not required to Collection for 1029–0061 and 1029– 2003, in order to be assured of consideration. respond to, a collection of information 0110 unless it displays a currently valid OMB FOR FURTHER INFORMATION CONTACT: To AGENCY: Office of Surface Mining control number. The OMB control request a copy of either information Reclamation and Enforcement. numbers for these collections of collection request, explanatory ACTION: information are 1029–0061 for Part 795, Notice and request for information and related forms, contact and 1029–0110 for the technical training comments. John A. Trelease at (202) 208–2783, or effectiveness evaluation forms. SUMMARY: In compliance with the electronically to [email protected]. Paperwork Reduction Act of 1995, the SUPPLEMENTARY INFORMATION: The Office As required under 5 CFR 1320.8(d), a Office of Surface Mining Reclamation of Management and Budget (OMB) Federal Register notice soliciting and Enforcement (OSM) is announcing regulations at 5 CFR part 1320, which comments on these collections of its intention to request renewed implement provisions of the Paperwork information was published on January approval for the collections of Reduction Act of 1995 (Pub. L. 104–13), 23, 2003 (68 FR 3266). No comments information for 30 CFR part 795, require that interested members of the were received. This notice provides the Permanent Regulatory Program—Small public and affected agencies have an public with an additional 30 days in Operator Assistance Program (SOAP), opportunity to comment on information which to comment on the following and two technical training program collection and recordkeeping activities information collection activities;

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Title: 30 CFR Part 795—Permanent 1951 Constitution Ave., NW., Room The COPS Office has awarded grants Regulatory Program—Small Operator 210—SIB, Washington, DC 20240, or to more than 13,000 policing agencies Assistance Program. electronically to [email protected]. across the country and has provided OMB Control Number: 1029–0061. Dated: May 16, 2003. funding for over 116,000 officers Summary: This information collection Richard G. Bryson, through direct hiring grants and the requirement is needed to provide Acting Assistant Director, Program Support. redeployment of officers through the assistance to qualified small mine purchase of time-saving technology and [FR Doc. 03–12772 Filed 5–20–03; 8:45 am] operators under section 507(c) of Pub. L. the hiring of civilians. The Office has 95–87. The information requested will BILLING CODE 4310–05–M also funded a wide-variety of innovative provide the regulatory authority with policing grants to combat crime and data to determine the eligibility of the enhance public safety. applicant and the capability and DEPARTMENT OF JUSTICE Innovative grants have included funding to foster collaborative problem- expertise of laboratories to perform Office of Community Oriented Policing required tasks. Services FY 2003 Community Policing solving between police and community- Bureau Form Number: FS–6 Discretionary Grants based agencies or schools, engaging Frequency of Collection: Once per faith based communities, domestic application. AGENCY: Office of Community Oriented violence response and prevention, 311 Description of Respondents: Small Policing Services, Department of Justice. systems, anti-gang efforts, and operators, laboratories, and State ACTION: Notice of funding availability. methamphetamine reduction. The COPS regulatory authorities. Office has also funded the creation of 31 Total Annual Responses: 156. SUMMARY: The U.S. Department of Regional Community Policing Institutes Total Annual Burden Hours: 7,373 Justice Office of Community oriented (RCPIs) to foster training in community hours. Policing Services (COPS Office) is policing at the regional level. The Office Title: Technical Training Program seeking proposals to fund a variety of has a history of producing practical and Course Effectiveness Evaluation. initiatives designed to enhance local useable products and publications for OMB Control Number: 1029–0100. law enforcement community policing the law enforcement field. Additional Summary: Executive Order 12862 efforts. This solicitation provides information regarding the COPS Office requires agencies to survey customers to background on the COPS Office and can be found at www.cops.usdoj.gov. outlines the types of projects and determine the kind and quality of Funding Availability and Applicant programs the Office is interested in services they want and their level of Criteria: Depending on the fundability funding through grants or cooperative satisfaction with existing services. The of proposals received by the COPS agreements. The solicitation should be information supplied by this evaluation Office, funding amounts may be of particular interest to law enforcement will determine customer satisfaction increased or decreased within agencies, universities, and profit and with OSM’s training program and categories. In addition, all categories/ non-profit institutions with an interest identify needs of respondents. parts may not receive funding based in an experience with community Bureau Form Number: None. upon the quality of applications. policing. The purpose of this Frequency of Collection: On occasion. Additional projects may be funded from solicitation is to provide funding for Description of Respondents: State this solicitation with fiscal year 2004 community policing efforts through regulatory authority and tribal appropriations if such appropriations their direct enhancement, the employees and their supervisors. are forthcoming. Grants or cooperative development of products, tools, or Total Annual Responses: 315. agreements will be awarded for a applied research that will facilitate their Total Annual Burden Hours: 53 minimum of a one-year grant period and adoption and implementation and/or a maximum of a two-year grant period. hours. the development of training and Send comments on the need for the The COPS Office is seeking proposals technical assistance. This solicitation is under an Open Topic area where collections of information for the being announced as an open performance of the functions of the applicants are encouraged to develop competition. Awardees will be expected innovative original proposals that agency; the accuracy of the agency’s to begin work immediately upon burden estimates; ways to enhance the support the mission and goals of the selection. COPS Office. In addition, the COPS quality, utility and clarity of the Background: Since 1994, the U.S. Office is seeking specific proposals in information collections; and ways to Department of Justice Office of the following two general categories: minimize the information collection Community Oriented Policing Services Applied Research/Pilot Programs and burdens on respondents, such as use of has been the Federal government office automated means of collections of the whose unique mission it is to directly Evaluations. Descriptions of the specific information, to the following addresses. serve the needs of local law types of proposals the Office is seeking Please refer to OMB control number enforcement. COPS is responsible for are provided under each of these general 1029–0061 for part 795, and 1029–0110 making grants to States, units of local areas. Please note that applicants are for the technical training effectiveness government, Indian tribal governments, eligible to apply for several projects evaluation forms. other public and private entities, and under multiple areas. Applicants are ADDRESSES: Submit comments to the multi-jurisdictional or regional strongly encouraged to submit original Office of Information and Regulatory consortia with the goals of increasing and innovative ideas under the Open Affairs, Office of Management and police presence, expanding and Topics area. Budget, Attention: Department of improving cooperative efforts between A. Open Topics (A) Interior Desk Officer, by fax at (202) law enforcement agencies and members 395–5806 or via e-mail to of the community, supporting Approximate Funding per Project: [email protected]. Also, innovative community policing projects, $250,000 please send a copy of your comments to and otherwise enhancing public safety Applicants are encouraged to present John A. Trelease, Office of Surface through reductions in crime and social original and innovative proposals under Mining Reclamation and Enforcement, disorder. this topic area. Proposals must support

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the mission and goals of the COPS to provide technical assistance enforcement agencies are losing sworn Office to advance the community throughout the course of the project to officers at a rapid rate due to retirement, policing efforts of local law ensure the greatest possibility of the creation of new federal positions enforcement. Applicants may propose achieving the institutionalization of that often provide competitive salary such projects as the direct funding of problem analysis capabilities within the and benefits packages, and military call- innovative pilot programs (for example policing agencies. The applicant will ups. These factors, along with the community oriented government pilot also be expected to engage in a detailed emergence of community policing as the projects), the development of tools, process evaluation, including case predominant policing paradigm, products or applied research that will studies of each of the sites, which will necessitate the development and testing facilitate the implementation or enable other agencies to replicate and of innovative practices to recruit and advancement of community policing learn from these efforts. retain quality sworn personnel. efforts, or providing training and/or Deliverables: The applicant will be In two Chief Executive Officer technical assistance to local law expected to deliver a description of site Symposia convened by the COPS Office enforcement concerning issues relevant selection criteria, any training both pre- and post-9/11, police and to community policing topics (for curriculum/technical assistance sheriff executives identified several example community policing as it resources developed for the agencies, a points of need in the area of police relates to intelligence gathering). Note final detailed process evaluation, and recruitment and hiring. These include a that if pilot programs are proposed, they case studies of each of the five selected definition of an ideal candidate that must include an evaluation component sites. The applicant will also be incorporates the perspectives of not to ensure that program effectiveness can expected to develop a final guide for use only those in law enforcement, but also be determined and replicated by other by police agencies who are seeking to the views of the community. Similarly, agencies. institutionalize a problem analytic a national job description and a validated set of core competencies that B. Applied Research/Pilot Programs function. Knowledge/Experience Required: more comprehensively reflect 1. Institutionalizing Problem Analysis Proposals should provide a definition of community policing and problem (B1) problem analysis, differentiating it from solving principles are needed. Another identified priority was research into Approximate Funding: $500,000 crime analysis as it is currently conducted, and discuss the current state private sector best practices on Purpose/Goal: Effective problem- of problem analysis in the nation’s law recruitment, retention, leadership, and solving requires the in-depth analysis of enforcement agencies. The applicant succession planning that could be the underlying conditions that give rise should provide a preliminary outline of leveraged in a policing environment. to community problems. The COPS the process that will be used to select Tools and techniques for confronting Office recognizes the need to increase the five agencies and demonstrate their institutional biases within these the capability of law enforcement knowledge of law enforcement agencies processes are also important to develop. agencies to engage in such problem and past experience working closely Finally, these leaders also expressed an analysis activities to develop effective with them. The applicant should interest in the development of a national solutions to them. In furtherance of this demonstrate a thorough understanding marketing campaign geared towards objective, the COPS Office recently of community policing and problem- promoting policing in the 21st Century. convened a forum of leading experts solving processes and the ability to train The expectations for grants and and practitioners to discuss and clarify others in them. cooperative agreements funded under the notion of problem analysis. The this section are to respond to these publication ‘‘Problem Analysis in 2. Hiring/Recruitment/Retention of recommendations through innovative Policing’’ details the primary results of Community Police Officers (B2) projects, applied research, and/or the this forum and can be found at development of practical tools for use Approximate funding: $400,000 www.cops.usdoj./gov/ by law enforcement. Default.asp?Open=True&Item=847. Purpose/Goal: Hiring and retaining Deliverables/Outcomes: Projects Applicants should familiarize top quality police officers has long been under this topic area could take several themselves with this document; as the both a priority and a challenge for forms, such as the development of pilot primary goal of this project is to police agencies. This has become even programs that are able to be replicated, facilitate the implementation of problem more critical in an era of community monograph publications, recruitment analysis into approximately five law policing since the events of 9/11. There tools for use by police departments, enforcement agencies of varying size. are many stages and activities associated innovative testing and interviewing Objectives/Expectations: The with recruiting, hiring, and retaining instruments, or the development of applicant will develop a process to officers with the skills to meet today’s effective model print, radio and select five law enforcement agencies challenges. The COPS Office seeks to television employment public service that have a demonstrated commitment expand upon the development of hiring, announcements for use by agencies. to and understanding of the recruitment and retention tools that Applied research projects that examine problemsolving process. A significant both reflect community policing the effectiveness of recruitment and portion of the funding requested should principles and respond to the hiring retention efforts, separately and be used to provide ‘‘incentive’’ monies pressures facing law enforcement. The combined, in attracting and retaining directly to each of the selected agencies state of knowledge and experience women and minorities may also be to enhance their problem regarding successful and innovative funded. For instance, it may be analysiscapabilities. For example, this recruitment, hiring and retention important to evaluate the relative enhancement may include funding such practices has grown in recent years, and effectiveness of various assessment items as a portion of the salary of a new the purpose of this funding is to instruments in predicting future police problem analyst or funding to perform continue this advancement. performance (according to community problem analysis research and Objectives/Expectations: Local law policing principles)—and as hardware/software used for problem enforcement is the front line in the fight important—who will remain in law analysis. The applicant will be expected against terrorism at home. Yet law enforcement. Issues related to whether

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what recruits learn in the academy related training and should budget of multiple technology-specific accurately reflects the work they will travel for 2 individuals to attend this guidebooks for law enforcement. Topics do, and whether gaps in training training. Law enforcement agencies that may be addressed include, but are contribute to attrition could also be receiving funding must register with not limited to, interoperability, crime addressed through funding. USA Freedom Corps as an official VIPS mapping, 311, integration, technology Knowledge/Experience Required: site. training, managing change due to Applicants must demonstrate a strong Deliverables/Outcomes: The primary technology implementation, records knowledge of the issues associated with outcome will be an operational management systems, and technology police recruitment, hiring, and volunteer in police service program that for the small/rural agencies. retention. Additionally, any non-law enhances the ability of the local police Deliverables/Outcomes: Applicants enforcement agency applicants must department to effectively provide public will produce guidebooks designed for a have experience working with law services. Grantees will provide a final law enforcement audience on multiple enforcement agencies. report to the COPS Office documenting technology-specific topics. how the funding directly enhanced their Knowledge/Experience Required: The 3. Volunteers in Police Service (B3) volunteer program and the overall applicants should address their Approximate Funding per Project: benefits to the agency, so that these knowledge and experience in the area of $50,000 efforts can be promoted and replicated information systems implementation in Purpose/Goal: In his 2002 State of the in other law enforcement agencies. law enforcement environments. Union Address, President George W. Knowledge/Experience Required: Proposals should also demonstrate the Bush announced the creation of the Applicants must be law enforcement applicant’s knowledge and experience USA Freedom Corps, which is an effort agencies. Applicants should familiarize regarding the specific topics of the to foster a culture of service, citizenship, themselves with the Volunteers in guidebooks being proposed and the and responsibility, building on the Police Service program ability to write for a law enforcement generous spirit of the American people. (www.policevolunteers.org) for audience. additional information about programs The Citizen Corps programs are part of 5. 311 for Homeland Security and Crisis that could possibly be replicated in their the USA Freedom Corps initiative and Management (B5) share the common goal of helping agency using this funding. Grantees communities prevent, prepare for, and must also express a strong commitment Approximate Funding per Project: respond to crime, natural disasters, and to maintain volunteer program efforts $300,000 other emergencies. after grant expiration. Purpose/Goal: Since 9/11 homeland One of the Citizen Corps programs is 4. Topic Focused Law Enforcement security concerns have prompted the Volunteers in Police Service (VIPS), Technology Guides (B4) Administration to call on citizens to be administered by the U.S. Department of vigilant. In addition, recent domestic Justice. The goal of VIPS is to enhance Approximate Funding: $250,000 criminal events, such as the October the capacity of state and local law Purpose/Goal: While the benefits of 2002 sniper attacks in the Washington enforcement to utilize volunteers. These implementing technology are obvious, Metropolitan Area, have further civilian volunteers provide support for the obstacles to getting the most from illustrated the need to encourage citizen resource-constrained law enforcement that technology often are not. In a time information sharing for crime agencies by supplementing their when growing responsibilities greatly prevention and crime solving. The community’s law enforcement increase the duties of local law effects of such heightened awareness professionals to free officers for enforcement agencies, a natural and calls for citizen participation have frontline duty. Funding will be response is to turn to technology as a resulted, in part, in a 911 system provided to enhance and force multiplier. However, there are a challenged to keep up with calls from institutionalize a volunteer in police limited number of technology resources concerned citizens, many of whom use service program within local police that are specifically tailored for law 911 as their primary vehicle to initiate departments. enforcement. To meet the need for contact with the police or other public Objectives/Expectations: To help additional resources, in 2001 the COPS service agencies. expand the VIPS program, the COPS Office funded the development of a Law 311 Public Service Model non- Office is seeking proposals from local Enforcement Tech Guide, a emergency call systems can support and law enforcement agencies to establish or comprehensive ‘‘A to Z’’ technology be integrated into homeland security enhance their volunteer program and planning, acquisition, implementation and emergency preparedness plans and recruitment efforts. Preliminary and integration guide that helps policies. 311 systems can be especially information from the VIPS program agencies address crime and social effective when they allow for stresses the importance of a volunteer disorder issues. This guide can be found coordinated efforts and information coordinator. An effective volunteer on the COPS Office Web site at sharing between multiple public service coordinator is often linked to a success www.cops.usdoj.gov/ agencies (e.g., transportation, health, of VIPS programs and funds from this Default.asp?Item=512. sanitation, victim services etc.). 311 grant can (but are not required) be used The guide has been well received by systems can support emergency to help cover costs of this position. the law enforcement community. management efforts and enhance public Among other items, funding may also be However, there are numerous other service agency response efforts to used for such things as advertisements issues in the area of law enforcement prepare for emergencies. and marketing of volunteer programs technology that could be addressed by Proposals are being sought from law (including Web site development), similar guides. Funding will be enforcement agencies prepared to activities associated with neighborhood provided to produce additional law establish a Public Service Model 311 watch and other resources for volunteer enforcement technology guidebooks. non-emergency call system that coordination, implementation, and Objectives/Expectations: To meet includes multiple public service evaluation efforts. Grantees will be these evolving needs, the COPS Office is agencies such as law enforcement, EMS, required to attend a COPS Office VIPS- seeking proposals for the development transportation, health, sanitation, victim

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services etc. for the purposes of 3. Applicants must provide a technology can result in increased improving homeland security and crisis demonstration of need, showing that a officer effectiveness. This increased management plans and practice. Public Service Model 311 non- effectiveness contributes to the overall Funding is available for equipment emergency system will aid in the COPS aim of reducing crime and social (hardware and software) necessary to development of Homeland Security and disorder through community policing. establish a Public service Model 311 Crisis Management plans and practice. Last year the COPS Office funded 295 non-emergency call system and for an This demonstration of need should be agencies under the COPS MORE 2002 impact evaluation of such a system. included as a separate document (no program. while MORE grantees were Funding is available to law enforcement longer than 15 double-spaced typed previously required to track and report agencies currently operating within pages) and will not count towards the time-savings and redeployment jurisdictions that do not have a 311 proposal page limit. resulting from their grant, this system or those interested in expanding 4. Applicants must demonstrate that requirement was removed under MORE a law enforcement only 311 system into they have secured support from the 2002. while time-savings and one that includes multiple public primary stakeholders, including redeployment still occur, the COPS service agencies. government executives, and at least two Office is interested in an evaluation that Objectives/Expectations: This project non-public safety agency executives. will document or estimate the full-time would require applicants to: Stakeholders must have determined that equivalents (FTE’s) redeployed, as well 1. Establish a Public Service model a Public Service Model 311 system as the impacts of these technologies on 311 system involving multiple public involving multiple public agencies will department operations, communication, service agencies, designing this non- benefit the homeland security and crisis and community policing. emergency communication system to fill management plans and practices of the Objectives/Expectations: The COPS current gaps in information sharing jurisdiction. Office is seeking proposals that seek to between public service agencies and 5. Applicants must address the document the efficiencies and enhance the effectiveness of current implications of utilizing a 311 system effectiveness outcomes created as a homeland security and crisis for homeland security and crisis result of the technology funded under management plans. management efforts on current the COPS MORE 2002 program. 2. Develop innovative ideas for organizational processes, delineating Deliverables/Outcomes: The applicant improving emergency dispatching, call each affected agency. The potential will be expected to produce prioritization, and records management impact of 311 on police non-emergency documentation that examines the systems. calls must be described in the proposal. efficiencies created as a result of the 6. Applicants must demonstrate the 3. Evaluate the impact of the 311 MORE 2002 program, and also examine availability of in-kind contributions for system on homeland security and crisis and document any increases in establishing this system. This management plans and provide results effectiveness resulting from the information is necessary, as the cost of of the evaluation to public safety program. The project deliverable(s) most 311 systems will most likely personnel (including first-responders), should also inform the profession on exceed the amount of COPS-funding other public service agencies, and the these findings in the form of a available. community-at-large. The evaluation guidebook that will assist law 7. Smaller law enforcement agencies enforcement agencies in achieving should clearly demonstrate the utility of are encouraged to partner with one or 311 in homeland security and crisis maximum efficiency and effectiveness more neighboring jurisdictions in this with these technologies. This guidebook management. effort. Deliverables/Outcomes: Deliverables should demonstrate how to realize the will include an operational Public C. Evaluations desired results; provide instruction on Service Model 311 system (that includes police technologies based on the 1. Evaluation of MORE Grant documented experiences of these multiple public service agencies). An Effectiveness (C1) impact evaluation is expected to be grantees; and develop a model for completed six months after the system Approximate Funding: $200,000 agencies to use to self-evaluate their has become operational and should be Purpose/Goal: The COPS MORE technology projects. budgeted for. (Making Officer Redeployment Knowledge/Experience Required: Knowledge/Experience Required: Effective) program is one of several Applicants should demonstrate their Proposals should include the following approaches developed by the COPS knowledge of the COPS MORE program items: Office to increase the deployment of law and of other technology-related 1. Applicants may apply for funding enforcement officers devoted to outcomes beyond time-savings. to either start-up a 311 system that community policing. COPS MORE Proposals should also provide a includes multiple public service grants have been used to purchase law summary of the evaluation design and agencies or to expand current law enforcement technology. One primary methods that would be used to measure enforcement only 311 systems. Due to requirement of COPS MORE is that the effectiveness and efficiencies generated the focus on developing cooperation time-savings experienced by officers as as a result of COPS MORE grants. and accountability between multiple a result of the additional technology 2. Analysis of COPS Start-Up Agencies public service agencies, jurisdictions must result in redeployment into (C2) currently operating a multi-agency community policing activities. Some Public Service Model 311 system are examples of the types of time-saving Approximate Funding: $150,000 ineligible for funding under this topic. technology purchased through MORE Purpose/Goal: The COPS Office has 2. Funding may be contingent on the grants include: mobile data terminals, provided funding to approximately 300 current technological infrastructure of record management systems, computer jurisdictions to initiate the development the applicant agency. Applicants must aided dispatch systems, and automated of police departments. These ‘‘start-up’’ provide details of current technological fingerprint identification systems. agencies provide an opportunity to learn infrastructure available to support the Over the past seven years, the COPS more about the factors associated with project. Office has also recognized that the implementation and initiation of

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police departments and community detailed research plan, the importance technical assistance guides will be policing activities in smaller settings. of selecting the right agency official to developed so that other police- Objectives/Expectations: The COPS work with the evaluator, and how to community partnerships can benefit Office is seeking proposals that examine address whether an evaluator will meet from the lessons learned when the nature of these COPS funded start- their needs should also be discussed. addressing police integrity issues. In up law enforcement agencies, trace their The guide may also help the law that regard, these technical assistance history, and document impediments enforcement practitioner understand the guides are intended to include what and facilitators to the true costs of evaluations, predict worked, what did not work, the barriers institutionalization of community potential budget pitfalls, and discuss to project implementation, solutions to oriented police services in smaller how to spot trouble early-on and what obstacles in solving problems, and a settings. to do in situations of non-compliance. discussion on how the project Deliverables/Outcomes: Applicants Finally, the guide should help law strengthened police integity, police- will be expected to produce a final enforcement practitioners generally community relationships, and the report documenting the nature of COPS understand how to apply the findings of related impact on racial profiling funded start-up law enforcement an effective evaluation. prevention. agencies and a guidebook aimed at Deliverables/Outcomes: The primary Part II: assisting the development of police deliverable is a publishable copy of a agencies in smaller settings. This Law Enforcement Practitioner Guide to The COPS Office is also seeking a guidebook should highlight important Managing Local Evaluations. preliminary assessment of current work factors that should be taken into Specific Knowledge/Experience being done by COPS grantees to create consideration when ‘‘starting-up’’ a Required: Applicants must demonstrate cultures of integrity. In Fiscal Year police department and provide guidance a through understanding of the 2002, the COPS Office funded 60 law on how to best effectively accomplish evaluation process and ability to write enforcement agencies to develop a this task. content for a law enforcement auidence. strategy that would support a culture of Knowledge/Experience Required: The They must have documented program integrity, and 41 state chiefs’ and applicant should have working evaluation experience. A sample of an sheriffs’ associations to host police knowledge of policing in smaller original published or unpublished integrity training workshops at their settings and the processes and program evaluation should be included annual meetings. The law enforcement procedures involved in initiating the with the application. This writing strategy areas include: development of an effective police sample will not count towards the • Use of force policy and training; department. proposal page limit. • Development of early intervention systems; 3. Managing Local Evaluations: A Guide 4. Analysis of COPS Police Integrity • Mapping integrity violations and for Law Enforcement (C3) Initiative (C4) related interventions; • Approximate Funding: $100,000 Approximately Funding: $500,000 Self assessment techniques for internal monitoring; Purpose/Goal of Proposed Project: Purpose/Goal: This request is • Strengthening internal affairs Law enforcement is frequently called presented in two parts. Proposals division operations; upon to provide evaluation information should address both parts. • Improving citizen complaint regarding local public safety efforts. Part I: processes; Some agencies employ in-house The COPS Office is seeking the • Utilizing a civilian review board; evaluators, but many must seek external development of a comprehensive • Command staff integrity training; • assistance from local universities or product that will summarize and Ensuring accountability to the with private consultants. In some cases, highlight current work being done by community; • evaluations that are conducted may not COPS grantees to prevent racial Outreach to minority youth; adequately meet the needs of the law • Traffic stop data collection; and profiling and to increase trust between • enforcement agency. police and citizens. In Fiscal Year 2001, Recruiting quality recruits from This project will assist law the COPS Office funded (21) police local communities. enforcement agencies in providing The association strategy areas include: departments under the Promoting • Integrity training to support funding for and in conducting and Cooperative Strategies to Reduce Racial utilizing program evaluations. community policing; Profiling initiative to develop strategies • Homeland security and police Objectives/Expectations of Proposed that would address racial profiling. Project: Proposals are being sought to integrity; These strategies include: • Building public trust and develop a Law Enforcement Practitioner • Collecting and analyzing traffic-stop Guide to Managing Local Evaluations. confidence; data; • Integrity challenges to police This guide should assist law • Accountability and supervision; enforcement agencies through the • leadership; and Recruitment and selection; • Developing policy that strengthens evaluation process from start to finish- • Training and education of police from how to select an evaluator, the integrity. and citizens; For more information on the COPS managing on-going evaluations, to • Using technology to prevent racial Police Integrity Initiatives, please visit evaluating the final deliverable. Possible profiling; and the COPS Web site at: http:// issues to be addressed include how to • Minority community engagement www.cops.usdoj.gov/ best communicate needs to potential initiatives. Deault.asp?Open=True&Item=393 evaluators, the types of documents that At the conclusion of these projects, should be obtained and reviewed prior each of the 21 police departments will Objectives/Expectations: to selecting an evaluator, and how to produce a technical assistance guide Part I: best formulate a contract with an that will document lessons learned and In order to maximize the work being evaluator. The benefits of securing and model practices that can be replicated done in the field through this important speaking with references, the need for a by other law enforcement agencies. The initiatives, the COPS Office is seeking

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the development of a comprehensive 101 law enforcement agencies and by June 30, 2003 by 6 p.m. Please product that will summarize and police chiefs’ and sheriffs’ associations submit an original application package highlight varied approaches across the funded under the Creating a Culture of (with original signatures) and four six strategy areas under the Promoting Integrity initiative. The purpose of this copies to: U.S. Department of Justice, Cooperative Strategies to Reduce Racial assessment will be to assist the COPS Office of Community Oriented Policing Profiling initiative. This project will Office in documenting the progress of Services, 1100 Vermont Ave., NW., require the applicant to: these pilot projects. The COPS office Washington, DC 20530, Attn: Angel • Provide on-site and/or telephone will expect a final report that discusses Winters, PPSE. technical assistance to the agencies, if the outcomes of the preliminary FOR FURTHER INFORMATION CONTACT: necessary, to assist in the completion of assessment. Please contact Angel Winters at (202) the final technical assistance guides; Knowledge/Experience Required: In 514–9199 to obtain additional • Review the 21 technical assistance addition to the general criteria listed in information about the solicitation. guides for the purpose of compiling the solicitation, the applicant should Application forms and information successes, model practices and lessons address knowledge and experience in regarding the COPS Office are also learned during strategy development/ the areas of police integrity and racial available by calling the U.S. Department enhancement and implementation; profiling. In addition, the applicant • of Justice Response Center at 1–800– Incorporate the following should address knowledge and 421–6770 or by visiting the COPS Office information/discussion into the final experience in each of the six strategy Internet Web site at product: topic areas under the Promoting www.cops.usdoj.gov. (1) The impact of the strategies on the Cooperative Strategies to Reduce Racial reduction and/or prevention of racial (The Catalog of Federal Domestic Assistance Profiling initiative. The applicant (CFDA) reference for this program is 16.710.) profiling and the perceptions of its should demonstrate a thorough Dated: May 5, 2003. practice; understanding of community policing, (2) How strategy development and and the importance of mutual trust and Carl R. Peed, implementation contributed to building respect between police and citizens in Director, Office of Community Oriented trust between police and citizens and to order to strengthen police integrity and Policing Services. advancing community policing; to advance the principles of community [FR Doc. 03–12692 Filed 5–20–03; 8:45 am] (3) Recommendations and policing. Applicants should also have a BILLING CODE 4140–AT–M considerations for other agencies that demonstrated awareness of the COPS are interested in replicating these Police Integrity Initiatives. strategies. How To Apply. Those interested in DEPARTMENT OF JUSTICE Part II: submitting an application in response to Antitrust Division This project will require the applicant this solicitation must complete a to: Community Policing Development [Civil Action No. 1: 03CV 000758] • Work with the COPS Office to Application Packet. A detailed project develop a preliminary assessment plan description that is responsive to the United States v. Univision for documenting the progress of 101 criteria presented above must be Communications Inc. & Hispanic grantees funded under the Creating a included under section I of the packet. Broadcasting Corp. Culture of Integrity initiative; In this project description also discuss Proposed Final Judgment and • Submit a final report that discusses your management plan for Competitive Impact Statement. Notice is the following information: implementing this project with respect hereby given pursuant to the Antitrust (1) How COPS funding was used to to internal and external management of meet project goals and objectives; Procedures and Penalties Act, 15 U.S.C. personnel and resources and your 16(b)–(h), that a proposed Final (2) Successes and challenges in experience with managing grants and developing and implementing the Judgment, Stipulation and Order, and cooperative agreements. Resumes of key Competitive Impact Statement have projects; project staff/named consultants (3) The impact of the funding on been filed with the United States (relevant experience for the proposed advancing police integrity and creating District Court for the District of project should be highlighted) should cultures of integrity. Columbia in United States v. Univision also be included and does not count Deliverable/Outcomes: Communications Inc., Civil Action No. towards the page limit. 03CV000758. On March 26, 2003, the Part I: Applicants may submit distinct United States filed a Complaint alleging The applicant will be expected to multiple applications for different topic that Univision Communications Inc. produce a comprehensive final product areas or propose projects that effectively (‘‘Univision’’) and Hispanic that will summarize the experiences of combine topic areas. However, each Broadcasting Corp. (‘‘HBC’’) violated the 21 police departments in developing distinct project must be described in Section 7 of the Clayton Act, 15 U.S.C. their strategy under the Promoting detail in a separate Community Policing 18. The Complaint alleges that, due to Cooperative Strategies to Reduce Racial Development Application Packet with Univision’s partial ownership of Profiling initiative, and the related original signatures. Entravision Communications Corp. impact on advancing community Notice of Intent To Apply: Please fax (‘‘Entravision’’), a principal competitor policing and racial profiling prevention. the accompanying notice of intent to of HBC, the proposed acquisition, if This product will provide an overview reply form to the COPS Office, consummated, will substantially lessen of varied approaches to addressing this indicating the topic area(s) you are competition in the sale of advertising significant issue for other law planning to apply under. The letter time on Spanish-language radio stations enforcement agencies that are interested should be faxed to the attention of in many geographic markets. The in replicating these strategies. Angel Winters at 202–616–8658 no later proposed Final Judgment requires Part II: than June 2, 2003. Univision to exchange its Entravision The applicant will be expected to ADDRESSES: Applications for this shares for a nonvoting equity interest, conduct a preliminary assessment of solicitation are due to the COPS Office divest a substantial portion of its

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ownership in Entravision, give up its HBC’s principal competitor in Spanish- other Spanish-language media seats on Entravision’s Board of language radio in many markets. The operations, including Internet sites and Directors, eliminate certain rights Complaint alleges that, due to services, music recording, distribution, Univision has to veto important Univision’s substantial partial and publishing. Entravision actions, and restrain certain ownership and governance rights in Univision has a significant and long- conduct that would interfere with the Entravision, the proposed acquisition of standing relationship with Entravision, governance of Entravision’s radio HBC would lessen competition a Spanish-language media company business. The proposed Final Judgment substantially in the provision of with television, radio, outdoor specifically requires Univision, Spanish-language radio advertising time advertising, and publishing businesses. presently owning approximately thirty to a significant number of advertisers in Entravision, which is not a party to this percent of Entravision, to divest down several geographic areas of the United action, currently owns or operates to fifteen-percent owership within three States. The request for relief seeks: (a) A approximately 55 radio stations years, and ten-percent ownership within judgment that Univision’s proposed throughout the United States, most of six years. Copies of the Complaint, acquisition would violate Section 7 of which broadcast Spanish-language proposed Final Judgment, and the Clayton Act; (b) preliminary and programming. Entravision also owns or Competitive Impact Statement are permanent injunctive relief preventing operates 49 television stations that available for inspection at the the consummation of the proposed broadcast Univision programming Department of Justice in Washington, merger; (c) an award to the United pursuant to an affiliation agreement that DC., Room 200, 325 Seventh Street, States of the costs of this action; and (d) does not expire until December 31, NW., on the Internet at http:// such other relief as is just and proper. 2021. As part of this affiliation www.usdoj.gov/atr, and at the Office of Before this suit was filed, the agreement, Univision serves as the Clerk of the United States District Department reached an agreement with Entravision’s sole representative for the Court for the District of Columbia, 333 Univision and HBC on the terms of a sale of television advertisements sold on Constitution Avenue, NW., Washington, proposed consent decree, which, if a national basis. DC 20001. entered, would require Univision to At the time the proposed acquisition Public comment is invited within reduce its equity interest in Entravision was announced, Univision owned an sixty days of the date of this notice. to 15 percent of outstanding shares approximate 30-percent equity and Such comments, and responses thereto, within three years from the filing of the seven-percent voting interest in will be published in the Federal proposed decree and to 10 percent Entravision. In addition, Univision, as Register and filed with the Court. within six years. The decree would also the sole holder of Entravision’s Class C Comments should be directed to James require Univision to relinquish its rights common stock, has significant R. Wade, Chief, Litigation III Section, to place directors on Entravision’s governance rights with respect to Anitrust Division, Department of Board, eliminate certain rights Entravision. Although Univision’s Justice, 325 Seventh Street, NW., Suite Univision has to veto important representatives resigned after the 300, Washington, D.C. 20530 Entravision actions, and restrain certain proposed acquisition was announced, (telephone: (202) 616–5935). conduct that would interfere with the Univision has the right to place two governance of Entravision’s radio representatives on Entravision’s Board Constance K. Robinson, business. of Directors. Univision also has the right Director of Operations. A Stipulation and proposed Final to veto important Entravision business decisions. Entravision’s Bylaws provide Competitive Impact Statement Judgment embodying the settlement were filed simultaneously with the Univision the right to veto Entravision’s Plaintiff, the United States of Complaint on March 26, 2003. The (a) Issuance of equity, (b) incurrence of America, by and through the Antitrust Department and the defendants have debt at certain levels, and (c) Division of the Department of Justice stipulated that they will be bound by acquisitions or dispositions of assets (‘‘Department’’), pursuant to Section the proposed Final judgment upon its valued at greater than $25 million. 2(b) of the Antitrust Procedures and Entravision’s Certificate of filing. The proposed Final Judgment Penalties Act (‘‘APPA’’), 15 U.S.C. Incorporation provides Univision the may be entered after compliance with 16(b)–(h), files this competitive Impact right to approve any Entravision (a) the APPA unless rejected by the Court. Statement relating to the proposed Final Merger, consolidation, business Entry of the proposed Final Judgment Judgment submitted for entry in this combination or reorganization, (b) would terminate this action, except that civil antitrust proceeding. dissolution, liquidation, or termination, the Court would retain jurisdiction to and (c) transfer of any FCC license with I. Nature and Purpose of the Proceeding construe, modify, or enforce the respect to a television station that is an provisions of the proposed Final The Department filed a civil antitrust affiliate of Univision. complaint on March 26, 2003, alleging Judgment and to punish violations HBC, a Delaware corporation with its that the proposed acquisition of thereof. principal place of business in Dallas, Hispanic Broadcasting Corporation II. Description of the Events Giving Rise Texas, is a media company that owns or (‘‘HBC’’) by Univision Communications to the Alleged Violation operates more than 60 radio stations in Inc. (‘‘Univision’’) would violate Section 18 geographic regions in the United 7 of the Clayton Act, as amended, 15 A. The Defendants and the Proposed States. Nearly all of the HBC’s stations U.S.C. 18. HBC is the nation’s largest Transaction broadcast in Spanish. HBC’s other Spanish-language radio broadcaster. Univision, a Delaware corporation businesses include a marketing group Univision, the largest Spanish-language with its principal place of business in and interactive online services. media company in the United States, Los Angeles, California, is the largest On June 11, 2002, Univision agreed to owns a significant equity interest, and broadcaster of Spanish-language acquire all of the voting securities of possesses governance rights, in television programming in the United HBC. This transaction, if consummated, Entravision Communications States with two broadcast networks, would result in a reduction in Corporation (‘‘Entravision’’), another Univision and Telefutura, and one cable competition between HBC and Spanish-language media company and channel, Galavision. It also has several Entravision in the provision of Spanish-

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language radio advertising in certain Spanish-language radio stations to these Entravision’s combined share of markets where the firms compete. advertisers is a relevant product market advertising revenue ranging from 70 to within the meaning of Section 7 of the 95 percent. HBC and Entravision face B. Markets Clayton Act. few other significant competitors and, The Complaint alleges that the for many local and national advertisers provision of advertising time on 2. Relevant Geographic Markets buying advertising time on Spanish- Spanish-language radio stations to Advertising placed by local and language radio, they are the next best advertisers that consider Spanish- national advertisers on radio stations in substitutes for each other. language radio to be a particularly the Overlap Markets is aimed at The Complaint alleges that effective medium is a relevant product reaching listening audiences within Univision’s ownership of a substantial market, and that the Dallas, Texas; El each of those Overlap Markets, and equity stake in Entravision, and its Paso, Texas; Las Vegas, Nevada; radio stations outside an Overlap ability to influence or control McAllen-Brownsville-Harlingen, Texas; Market do not provide effective access competitively significant Entravision Phoenix, Arizona; and San Jose, to that audience. If there were a small decisions, will lessen the incentives of California metro areas (‘‘Overlap but significant increase in the price of both companies to compete aggressively Markets’’) are each a relevant geographic advertising time on Spanish-language against each other and will result in market. radio stations within an Overlap Market, higher prices and lower service quality 1. Relevant Product Market advertisers would not switch enough in the sale of Spanish-language radio purchases of advertising time to stations advertising time. Univision’s right to Radio broadcasters, like HBC and outside the Overlap Market and/or place directors on Entravision’s board Entravision, sell advertising time to otherwise reduce their purchases to and right to veto certain strategic local and national advertisers in areas defeat the price increase. Thus, the business decisions (namely any where their stations are located. HBC Overlap Markets of Dallas, El Paso, Las Entravision issuance of equity or debt, and Entravision each negotiate these Vegas, McAllen-Brownsville-Harlengen, or acquisitions over $25 million) give it transactions individually with each Phoenix, and San Jose are each relevant a significant degree of control or local and national advertiser, and the geographic markets for the purpose of influence over Entravision and will resulting price for advertising time Section 7 of the Clayton Act. likely impair Entravision’s ability and reflects the circumstances of these incentive to compete with Univision/ individual negotiations and the C. Harm to Competition in Radio HBC. For example, Univision’s right to preferences of each advertiser. Advertising Markets veto any Entravision acquisition of There are a significant number of assets over $25 million would allow local and national advertisers in the 1. Current Competition Between HBC and Entravision Univision/HBC to prevent Entravision geographic markets identified below from purchasing any significant radio that consider Spanish-language radio to The Compliant alleges that station assets in a market where HBC be particularly effective in reaching Entravision and HBC are vigorous competes. A Univision veto on the desired customers who speak Spanish competitors in the provision of Spanish- issuance of new stock or debt could and who listen predominately or language radio. They heavily promote leave Entravision without access to exclusively to Spanish-language radio. their stations against each other in order capital it may need to make acquisition Such advertisers view Spanish-language to gain ratings; they program and format or otherwise compete effectively with radio, either alone or in conjunction their stations with an eye toward HBC. Entravision has frequently taken with other media, to be the most attracting listeners from each other; they actions in the past that have been effective way to reach their target aggressively seek to acquire stations; subject to these Univision veto rights audience and do not consider other and they closely monitor each other’s and, because its plans call for more media, including non-Spanish-language competitive positions in the Overlap growth through acquisition, Entravision radio, to be a reasonable substitute. Markets. Most importantly, the is likely to need Univision’s approval on These advertisers would not turn to Compliant alleges that HBC and many occasions in the future. Indeed, other media, including radio that is not Entravision compete aggressively to sell the existence of these veto rights lessons broadcast in Spanish, if faced with a advertising time to advertisers that seek competitions even if they are not small but significant increase in the to reach Spanish-language audiences. exercised because Entravision will have price of advertising time on Spanish- During individualized rate negotiations, the incentive to constrain its normal language radio or a reduction in the advertisers targeting Spanish-language competitive behavior against Univision/ value of the services provided. listeners benefit from its competition, HBC to ensure that Univision/HBC Given the nature of individualized including the ability to play off HBC provides the necessary approval. negotiations between radio stations and stations against Entravision stations to Univision’s approximately 30-percent advertisers discussed above, Spanish- reach better terms. equity interest in Entravision also will language radio stations are likely able to substantially reduce competition 2. Reduction in Competition From the identify advertisers that place a high between Univision/HBC and Acquisition value on utilizing Spanish-language Entravision. Univision/HBC will have radio to reach their targeted audience. The Complaint alleges that, given reduced incentives to compete against Such advertisers would not find it Univision’s significant ownership stake Entravision for advertisers seeking a economical to switch, or credibly and governance rights in HBC’s Spanish-language radio audience threaten to switch, to other media to principal competitor, Entravision, the because Univision/HBC, as a substantial avoid a post-merger price increase. In acquisition of HBC by Univision will owner of Entravision stock, will benefit the geographic markets identified lessen competition substantially in the even if a customer chooses Entravision below, there are a significant number of sale of advertising time on Spanish- rather than HBC. Consequently, HBC advertisers that consider Spanish- language radio in the Overlap Markets. will compete less aggressively to gain language radio advertising to be a The market for the provision of Spanish- customers at the expense of Entravision, particularly effective medium, and the language radio in the Overlap Markets is resulting in an increase in prices for a provision of advertising time on highly concentrated, with HBC and significant number of advertisers in the

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Overlap Markets. Advertisers that equity stake in Entravision; and (3) The proposed Final Judgment does consider Spanish-language radio to be a restrictions on the defendant’s ability to not require elimination of all particularly effective medium will find interfere with the governance of shareholder rights that Univision it difficult or impossible to ‘‘buy Entravision’s radio business. The currently possesses. As set forth in the around’’ Univision/HBC and proposed Final Judgment also has Certificate of Designations, Univision Entravision, i.e., to effectively reach several sections designed to ensure its will retain the modified right to veto their targeted audience without using effectiveness and adequate compliance. any decision by Entravision to merge, Univision/HBC and Entravision radio Each of these sections is discussed consolidate, or otherwise reorganize stations. below. Entravision with or into one or more Entry of new Spanish-language radio entities that results in a transfer of all or stations into the relevant geographic A. Exchange of Shares for Nonviting substantially all of the assets of markets would not be timely, likely, or Equity Entravision or a transfer of a majority of sufficient to mitigate the competitive Section IV of the proposed Final the voting power of Entravision.1 harm likely to result from this Judgment requires Univision to Univision also retains the right to veto acquisition. In theory, entry could occur exchange all of its Entravision Class A any Entravision dissolution, liquidation, by obtaining a license for new radio and Class C common stock for a or termination. Finally, Univision will spectrum or by reformatting an existing nonvoting equity interest with limited also have the right to veto any station. New radio spectrum acquisition rights and to certify that the voting and disposition of any interest in any FCC is highly unlikely, however, because director rights that Univision has held license with respect to television spectrum is a scarce and expensive in connection with its Entravision stock stations that are affiliates of Univision. commodity and reformatting by existing has been eliminated. The limited rights The proposed Final Judgment makes stations is unlikely to defeat a price to be associated with the new class of clear that these rights may be terminated increase by Univision/HBC or stock to be issued to defendants are set if Entravision and the defendants Entravision. Radio stations are unlikely forth in a Certificate of Designations, choose not to do so. See Section VILC. to undertake a format change solely in Preferences and Rights of Series U Defendants, however, are restrained response to small but significant Preferred Stock, which is attached to the from seeking to expand or modify these increases in price being charged to proposed Final Judgment. The exchange limited rights in any manner. advertisers by a firm such as Univision/ of stock must occur prior to the closing B. Divestiture of Defendants’ Entravision HBC, and even given such a format of the Univision/HBC merger. change, radio stations that did change Holdings formats would be unlikely to attract These provisions will significantly Section V of the proposed Final enough listeners to provide sufficient curtail Univision’s ability to influence Judgment requires Univision to reduce alternatives to the merged entity. or control Entravision’s business its equity stake in Entravision so that it Reformatting is an expensive endeavor conduct. As part of the acquisition of a owns no more than 15 percent of all that involves the loss of the station’s new class of stock, Univision will outstanding Entravision stock by March existing audience, a significant expense relinquish certain rights it previously 26, 2006, and no more than 10 percent to attract new listeners, and no had in connection with Entravision by March 26, 2009. The divestitures of assurance of attracting a significant governance. First, Univision will this stock may be made by any listening base to justify the costs relinquish all shareholder voting rights combination of open-market sale, public involved. It generally occurs when a so that it will not be able to vote on any offering, private sale, or repurchase by station believes that a particular format corporate matters. Second, Univision Entravision. The stock may not be sold is not being sufficiently served or when will relinquish its two seats on by private sale or placement to any a station finds an niche between Entravision’s Board of Directors so that Spanish-language radio broadcaster existing formats. An increase in the it will no longer have access to other than Entravision unless the price of advertising rates charged by confidential Entravision information or Department agrees to such a transaction existing stations serving a specific the ability to vote on matters before the in writing. format does not in itself provide Board. Third, Univision will relinquish As explained above, if Univision/HBC assurance that a newly formatted station certain ‘‘veto’’ rights over important owned a substantial, partial-ownership would attract a sufficient audience base, Entravision decisions, namely interest in Entravision, Univision/HBC particularly if there are strong Univision’s rights under the Entravision would have an incentive to compete less incumbents already in that format. Bylaws to veto Entravision’s issuance of aggressively. This is because Univision/ equity, incurrence of debt at certain HBC would receive some significant III. Explanation of the Proposed Final levels, and acquisitions or dispositions benefit even on sales it loses to Judgment of assets valued at greater than $25 Entravision. Reducing Univision/HBC’s The proposed Final Judgment is million. Retention of these rights would stake in Entravision to a much lower designed to preserve competition in the have allowed Univision to affect sale of advertising time on Spanish- Entravision’s strategic decision-making 1 Section D(i) of the Certificate provides that language radio stations in the Overlap by preventing, or threatening to prevent, without Univision’s approval, Entravision will not ‘‘merge, consolidate or enter into a business Markets by restricting Univision’s Entravision from making acquisitions or combination, or otherwise reorganize this ability to control or influence raising capital. Moreover, the continued Corporation with or into one or more entities (other Entravision’s radio business and by existence of these veto rights would than a merger of a wholly-owned subsidiary of this significantly reducing Univision’s lessen competition even if they were not Corporation into another wholly-owned subsidiary of this Corporation).’’ This approval right is equity stake in Entravision. The exercised because Entravision would identical to one that Univision possessed proposed Final Judgment has three have the incentive to constrain its previously. Section VI.C of the proposed Final principal provisions: (1) Exchange of normal competitive behavior against Judgment, however, limits Univision’s rights in that Univision’s Entravision stock for a Univision/HBC to ensure that it provides that Univision may not exercise its rights under D(i) unless the transaction at issue nonvoting equity interest with limited Univision/HBC would grant necessary ‘‘results in a transfer of all or substantially all of the shareholder rights; (2) divestitures of a approvals for future transactions subject assets of Entravision or a transfer of a majority of substantial portion of the defendants’ to the veto rights. the voting power of Entravision.’’

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percentage reduces substantially the D. Permitted Conduct these individuals that they understand likelihood that Univision/HBC’s Section VII of the proposed Final their obligations under the Final competitive incentives will be affected Judgment identifies certain conduct that Judgment. The terms of this provision by its partial ownership of Entravision, is permitted. Individual managers, are designed to ensure that those thus preserving Univision/HBC’s agents, and employees of the defendants individuals responsible for complying incentive to compete with Entravision. are allowed to hold, acquire, or sell with the Final Judgment are aware of its The terms of the proposed Final Entravision stock solely for personal existence and understand its requirements. Section IX also requires Judgment reflect a balancing of the investment. Officers and directors also annual reports and certifications during potential harm to competition that may hold or sell Entravision stock but the life of the decree. Section X provides might arise from a divestiture that may not acquire any additional a means for the Department to obtain proceeds either too slowly or too Entravision stock. Any Entravision stock information from the defendants to rapidly. In merger cases in which the held by these individuals is not subject determine or secure compliance with to the stock-exchange or divestiture Department seeks a divestiture of assets the proposed Final Judgment. Under requirements of Sections IV and V of the as a remedy, the Department requires Section XI, the Court would retain proposed Final Judgment. completion of the divestiture within the jurisdiction over this matter to modify Section VII also provides that shortest time period reasonable under or terminate any of its provisions, to Univision may acquire a majority of the circumstances. In this case, the time enforce compliance, and to punish any Entravision’s voting securities so long as periods for divestiture of stock are violations of its provisions. Section XII the transaction is subject to the appropriate, however, because of provides that the proposed Final reporting and waiting requirements of concerns that a more rapid divestiture Judgment will expire 10 years after it is the Hart-Scott-Rodino Antitrust might harm competition by adversely entered by the Court. Section XIII states affecting Entravision’s ability to raise Improvements Act of 1976, as amended, that the entry of the proposed Final capital to fund expansion of its radio 15 U.S.C. 18a, provided, however, that Judgment is in the public interest. business. Univision cannot acquire or retain any interest in Entravision’s radio assets in IV. Remedies Available to Potential C. Restrictions on Defendants Ability to any of the Overlap Markets as part of Private Litigants Participate in the Governance of such a transaction without the approval Section 4 of the Clayton Act, 15 Entravision of the Department, in its sole discretion. U.S.C. 15, provides that any person who This provision makes clear that the Section VI of the proposed Final has been injured as a result of conduct proposed Final Judgment does not Judgment restrains defendants from prohibited by the antitrust laws may prohibit a transaction in which directly or indirectly: (1) Suggesting or bring suit in federal court to recover Univision would acquire a majority three times the damages the person has nominating any candidate for election to stake in Entravision so long as the Entravision’s board or serving as an suffered, as well as costs and reasonable Department is afforded the ability to attorneys’ fees. Entry of the proposed officer, director, manager, or employee review the transaction pursuant to the of Entravision; (2) accessing any Final Judgment will neither impair nor established Hart-Scott-Rodino assist the bringing of any private nonpublic information relating to the framework. The Department, of course, governance of Entravision; (3) voting or antitrust damage action. Under the would review any such transaction to provisions of Section 5(a) of the Clayton permitting to be voted any shares of determine whether it was likely to Entravision stock that defendants own; Act, 15 U.S.C. 16(a), the proposed Final lessen competition in any relevant Judgment has no prima facie in any (4) using or attempting to use any market. Because the Department has ownership interest in Entravision to subsequent private lawsuit that may be determined that a combination of brought against defendants. exert any influence over Entravision in Univision and Entravision would lessen the conduct of Entravision’s radio competition in the sale of advertising on V. Procedures Available for business; (5) using or attempting to use Spanish-language radio in the Overlap Modification of the Proposed Final any rights or duties under the television Markets, a transaction in which Judgment affiliation agreement or relationship to Univision acquired Entravision may not The Department and the defendants influence Entravision in the conduct of include any Entravision radio assets have stipulated that the proposed Final Entravision’s radio business; and (6) from the markets that are the subject of Judgment may be entered by the Court communicating to or receiving from the Complaint unless the Department after compliance with the provisions of Entravision any nonpublic information gives its approval. the APPA, provided that the Department relating to Entravision’s radio business. has not withdrawn its consent. The Collectively, these provisions are E. Compliance, Inspection, and Other APPA conditions entry upon the Court’s intended to prevent defendants from Provisions Designed To Ensure determination that the proposed Final participating in Entravision’s Effectiveness of the Proposed Final Judgment is in the public interest. governance or in the conduct of Judgment The APPA provides a period of at Entravision’s radio business, Section VIII of the proposed Final least 60 days preceding the effective notwithstanding the defendants’ Judgment provides for appointment of a date of the proposed Final Judgment remaining equity interest in Entravision trustee should defendants not comply within which any person may submit to and the television affiliation with the terms of the proposed Final the Department written comments relationship. While recognizing that Judgment that require stock divestitures regarding the proposed Final Judgment. Univision and Entravision have a within the established time periods. The Any person who wishes to comment mutual interest in matters affecting their trustee would have the power to should do so within 60 days of the date television affiliation relationship, these accomplish the divestitures. Section IX of publication of this Competitive provisions seek to ensure the requires the defendants to distribute the Impact Statement in the Federal competitive independence of the two proposed Final Judgment to certain Register. The Department will evaluate companies in matters involving the officers, directors, and appropriate and respond to the comments. All radio business. employees, and obtain statements from comments will be given due

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consideration by the Department, which consideration of the public benefit, if any, to to the decree. The court is required to remains free to withdraw its consent to be derived from a determination of the issues determine not whether a particular decree is the proposed Final Judgment at any at trial. the one that will best serve society, but time prior to entry. The comments and 15 U.S.C. 16(e). As the United States whether the settlement is ‘‘within the reaches the response of the Department will be of the public interest.’’ More elaborate Court of Appeals for the D.C. Circuit requirements might undermine the filed with the Court and published in held, this statute permits a court to effectiveness of antitrust enforcement by the Federal Register. consider, among other things, the consent decree. Written comments should be relationship between the remedy submitted to: James R. Wade, Chief, Bechtel, 648 F.2d at 666 (emphasis secured and the specific allegations set 3 Litigation III Section, Antitrust Division, added) (citations omitted). forth in the government’s complaint, The proposed Final Judgment, United States Department of Justice, 325 whether the decree is sufficiently clear, 7th Street, NW., Suite 300, Washington, therefore, should not be reviewed under whether enforcement mechanisms are a standard of whether it is certain to DC 20530. sufficient, and whether the decree may The proposed Final Judgment eliminate every anticompetitive effect of positively harm third parties. See a particular practice or whether it provides that the Court retains United States v. Microsoft, 56 F.3d 1448, jurisdiction over this action, and that mandates certainty of free competition 1461–62 (D.C. Cir. 1995). in the future. Court approval of a final the parties may apply to the Court for In conducting this inquiry, ‘‘[t]he judgment requires a standard more any order necessary or appropriate for court is nowhere compelled to go to trial flexible and less strict than the standard the modification, interpretation, or or to engage in extended proceedings required for a finding of liability. ‘‘[A] enforcement of the Final Judgment. which might have the effect of vitiating proposed decree must be approved even the benefits of prompt and less costly VI. Alternatives to the Proposed Final if it falls short of the remedy the court settlement through the consent decree Judgment would impose on its own, as long as it process.’’ 119 Cong. Rec. 24,598 (1973) The Department considered, as an falls within the range of acceptability or (statement of Senator Tunney).2 alternative to the proposed Final Rather, is ‘within the reaches of public Judgment, a full trial on the merits of its [a]bsent a showing of corrupt failure of the interest’’’ United States v. Am. Tel. & Complaint for Injunctive Relief against government to discharge its duty, the Court, Tel. Co., 552 F. Supp. 131, 151 (D.D.C. Univision and HBC as well as a in making its public interest finding, should 1982) (citations omitted) (quoting proposal by the defendants that they * * * carefully consider the explanations of Gillette, 406 F. Supp. at 716), aff’d sub the government in the competitive impact would, in lieu of divestitures, place statement and its responses to comments in nom. Maryland v. United States, 460 their Entravision stock in a long-term order to determine whether those U.S. 1001 (1983); see also United States trust. The Department is satisfied, explanations are reasonable under the v. Alcan Aluminum Ltd., 605 F. Supp. however, that the divestiture of a circumstances. 619, 622 (W.D. Ky. 1985) (approving the substantial portion of equity interest in United States v. Mid-Am. Dairymen, consent decree even though the court Entravision by Univision, the surrender Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, would have imposed a greater remedy). Moreover, the Court’s role under the of several key control rights, and the at 71,980 (W.D. Mo. May 17, 1977). other relief contained in the proposed Accordingly, with respect to the APPA is limited to reviewing the Final Judgment will preserve adequacy of the relief secured by the remedy in relationship to the violations competition in the sale of radio decree, a court may not ‘‘engage in an that the United States has alleged in its advertising time on Spanish-language unrestricted evaluation of what relief Complaint, and does not authorize the stations serving the Overlap Markets. would best serve the public.’’ United Court to ‘‘construct [its] own Thus, the proposed Final Judgment State v. BNS, Inc., 858 F.2d 456, 462 hypothetical case and then evaluate the would achieve substantially all the (9th Cir. 1988) (citing United States v. decree against that case.’’ Microsoft, 56 relief the Department would have Bechtel Corp., 648 F.2d 660, 666 (9th F.3d at 1459. Because the ‘‘court’s obtained through litigation, but avoids Cir. 1981)); see also Microsoft, 56 F.3d authority to review the decree depends the time, expense, and uncertainty of a at 1460–62. Precedent requires that entirely on the government’s exercising full trial on the merits of the Complaint. its prosecutorial discretion by bringing [t]he balancing of competing social and a case in the first place,’’ it follows that VII. Standard of Review Under the political interests affected by a proposed ‘‘the court is only authorized to review APPA for Proposed Final Judgment antitrust consent decree must be left, in the the decree itself,’’ and not to ‘‘effectively The APPA requires that proposed first instance, to the discretion of the Attorney General. The court’s role in redraft the complaint’’ to inquire into consent judgments in antitrust cases protecting the public interest is one of other matters that the United States brought by the United States be subject insuring that the government has not might have but did not pursue. Id. at to a 60-day comment period, after which breached its duty to the public in consenting 1459–60. the Court shall determine whether entry VIII. Determinative Documents of the proposed Final Judgment ‘‘is in 2 See also United States v. Gillette Co., 406 F. the public interest.’’ In making that Supp. 713, 716 (D. Mass. 1975) (recognizing it was There are no determinative materials determination, the Court may consider: not the court’s duty to settle; rather, the court must or documents within the meaning of the only answer ‘‘whether the settlement achieved (1) The competitive impact of such [was] within the reaches of the public interest’’). A APPA that were considered by the judgment, including termination of alleged ‘‘public interest’’ determination can be made violations, provisions for enforcement and properly on the basis of the Competitive Impact 3 Cf. BNS, 858 F.2d at 463 (holding that the modification, duration or relief sought, Statement and Response to Comments filed court’s ‘‘ultimate authority under the [APPA] is anticipated effects to alternative remedies pursuant to the APPA. Although the APPA limited to approving or disapproving the consent actually considered, and any other authorizes the use of additional procedures, 15 decree’’); Gillette, 406 F. Supp. at 716 (noting that, considerations bearing upon the adequacy of U.S.C. § 16(f), those procedures are discretionary. A in this way, the court is constrained to ‘‘look at the court need not invoke any of them unless it believes overall picture not hypercritically, nor with a such judgment; that the comments have raised significant issues microscope, but with an artist’s reducing glass’’). (2) The impact of entry of such judgment and that further proceedings would aid the court in See generally Microsoft, 56 F.3d at 1461 (discussing upon the public generally and individuals resolving those issues. See H.R. Rep. No. 93–1463, whether ‘‘the remedies [obtained in the decree are] alleging specific injury from the violations 93rd Cong., 2d Sess. 8–9 (1974), reprinted in 1974 so inconsonant with the allegations charged as to set forth in the complaint including U.S.C.C.A.N. 6535, 6538. fall outside of the ‘reaches of the public interest’’’).

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Department in formulating the proposed until expiration of time for all appeals Neil W. Imus, Final Judgment. of any Court ruling declining entry of Vinson & Elkins L.L.P. The Willard Office Building, 1455 Pennsylvania Avenue, NW., Dated this 7th day of May 2003. the proposed Final Judgment, and shall, from the date of the signing of this Washington, D.C. 20004–1008, Tel: (202) Respectfully submitted, 639–6675, Fax: (202) 879–8875 D.C. Bar Stipulation by the parties, comply with /s/ lllllllllllllllllll 394544. all the terms and provisions of the William H. Stallings, Order Litigation III Section, Antitrust Division, proposed Final Judgment as though they United States Department of Justice, 325 7th were in full force and effect as an order It is so ordered, thislday of March, 2003. Street, NW., Suite 300, Washington, DC of the Court. lllllllllllllllllllll 20530. 4. This Stipulation shall apply with United States District Court Judge equal force and effect to any amended Certificate of Service proposed Final Judgment agreed upon Final Judgment The undersigned certifies that a copy in writing by the parties and submitted Whereas, plaintiff, United States of of the foregoing Competitive Impact to the Court. America, filed its Complaint on March Statement was served on the following 5. In the event that (1) plaintiff 26, 2003, alleging that defendants, counsel, by electronic mail in PDF withdraws its consent, as provided in Univision Communications Inc. format and by hand delivery, this 7th paragraph two above, (2) defendants (‘‘Univision’’) and Hispanic day of May, 2003: provide notice to plaintiff and the Court Broadcasting Corporation (‘‘HBC’’), John M. Taladay, that the Agreement and Plan of violated Section 7 of the Clayton Act, 15 Howrey, Simon, Arnold & White L.L.P., 1299 Reorganization dated June 11, 2002 has U.S.C. 18, and plaintiff and defendants, Pennsylvania Avenue, NW., Washington, DC been terminated or that the Merger of by their attorneys, have consented to the 20004–2402. Univision and HBC (as defined in the entry of this Final Judgment without Neil W. Imus, Agreement and Plan of Reorganization) trial or adjudication of any issue of fact Vinson & Elkins L.L.P., The Willard Office has been abandoned; or (3) that the or law, and without this Final Judgment Building, 1455 Pennsylvania Avenue, NW., proposed Final Judgment is not entered constituting any evidence against, or an Washington, DC 20004–1008. pursuant to this Stipulation, the time admission by, any party with respect to /s/ lllllllllllllllllll has expired for all appeals of any Court any issue of fact or law; William H. Stallings, ruling declining entry of the proposed And Whereas, defendant have agreed Stipulation and Order Final Judgment, and the Court has not to be bound by the provisions of this otherwise ordered continued Final Judgment pending its approval by It is hereby stipulated by and between compliance with the terms and the Court: the undersigned parties, through their provisions of the proposed Final And Whereas, the essence of this respective counsel as follows: Judgment, then the parties are released Final Judgment is the prompt and 1. The Court has jurisdiction over the from all further obligations under this certain divestiture of certain rights or subject matter of plaintiff’s Complaint Stipulation, and the making of this assets by and the imposition of related alleging defendants Univision Stipulation shall be without prejudice to injunctive relief against the defendants Communications Inc. (‘‘Univision’’) and any party in this or any other to ensure that competition is not Hispanic Broadcasting Corporation proceeding. substantially lessened: (‘‘HBC’’) violated Section 7 of the 6. Defendants represent that the And Whereas, defendants have Clayton Act (15 U.S.C. 18), and the required actions set forth in Sections IV, represented to plaintiff that the parties do not object either to the V, and VI of the proposed Final divestitures required below can and will Court’s exercise of personal jurisdiction Judgment can and will be implemented be made and that defendants will later over them in this case, or to the and followed and that the defendants raise no claim of hardship of difficulty propriety of venue of this action in the will later raise no claim of hardship or as grounds for asking the Court to United States District Court for the difficulty as grounds for asking the modify any of the divestiture provisions District of Columbia. The defendants Court to modify any of the provisions contained below: authorize John M. Taladay, Esq. of contained therein. Now Therefore, before the taking of Howrey, Simon, Arnold & White L.L.P. any testimony, and without trial or Respectfully submitted, to accept service of all process in this adjudication of any issue of fact or law, matter on their behalf. For Plaintiff United States of America: and upon the consent of the parties, it 2. The parties stipulate that a Final lllllllllllllllllllll is Ordered, adjudged and decreed as Judgment in the form hereto attached William H. Stallings, follows: may be filed and entered by the Court, U.S. Department of Justice, Antitrust upon the motion of any party or upon Division, Litigation III Section, 325 7th I. Jurisdiction the Court’s own motion, at any time Street, NW., Suite 300, Washington, D.C. This Court has jurisdiction over the after compliance with the requirements 20530, Tel: (202) 514–9323, Fax: (202) 307– subject matter of, and each of the parties of the Antitrust Procedure and Penalties 9952. Dated: March 26, 2003. to, this action. The Complaint states a Act (15 U.S.C. 16), and without further claim upon which relief may be granted notice to any party or other proceedings, For Defendant Univision Communications against defendants under Section 7 of provided that plaintiff has not Inc.: the Clayton Act, as amended 15 U.S.C. withdrawn its consent, which it may do lllllllllllllllllllll 18. at any time before the entry of the John M. Taladay proposed Final Judgment by serving Howrey, Simon, Arnold & White, L.L.P. 1299 II. Definitions notice thereof on defendants and by Pennsylvania Avenue, NW., Washington, As used in this Final Judgment: filing that notice with the Court. D.C. 20004–2402, Tel: (202) 383–6564, Fax: A. ‘‘Univision’’ means defendant (202) 383–6610. 3. Defendants shall abide by and Univision Communications Inc., a comply with the provisions of the For Defendant Hispanic Broadcasting Delaware corporation with its principal proposed Final Judgment pending entry Corporation: place of business in Los Angeles, of the Final Judgment by the Court, or lllllllllllllllllllll California, its successors and assigns,

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and its subsidiaries, divisions, groups, Final Judgment by personal service or attached Certificate of Designations, affiliates, partnerships, and joint otherwise. Preferences and Rights of Series U ventures, and their directors, officers, Preferred Stock. IV. Exchange or Entravision Shares managers, agents, and employees. C. Upon completion of the B. ‘‘HBC’’ means defendant Hispanic A. Univision is hereby ordered and divestitures required by Section V.A. Broadcasting Corporation, a Delaware directed, prior to closing of the defendants may acquire additional corporation with its principal place of Univision/HBC Merger, to exchange all shares of Entravision, but defendants are business in Dallas, Texas, its successors of its Entravision Class A and Class C enjoined and restrained from owning and assigns, and its subsidiaries, common stock for a nonvoting equity any more than ten (10) percent of all divisions, groups, affiliates, interest with rights and restrictions as outstanding shares of Entravision on a partnerships, and joint ventures, and specified in the Certificate of fully converted basis. Any additional their directors, officers, managers, Designations. Preferences and Rights of Entravision shares acquired by agents, and employees. Series U Preferred Stock (attached defendants shall be subject to the rights C. Entravision means Entravision hereto as Schedule A and made a part and restrictions set forth in Section IV.A Communications Corporation, a of this Final Judgment). and embodied in the attached Certificate B. Univision is hereby ordered and Delaware corporation with its principal of Designations. Preferences and Rights directed, prior to closing of the place of business in Santa Monica, of Series U Preferred Stock. Univision/BBC Merger, to provide California, its successors and assigns, D. The divestitures required by written certification and supporting and its subsidiaries, divisions, groups, Section V.A may be made by open documentation to plaintiff that all affiliates, partnerships, and joint market sale, public sale, repurchase by voting and director rights associated ventures, and their directors, officers, Entravision, or a combination thereof. with Entravision’s Class C common managers, agents, and employees. shares contained in Univision’s First Such divestitures shall not be made by D. Divestiture Assets means that Restated Certificate of Incorporation, private sale or placement to any person portion of the Entravision Holdings dated July 24, 2000, and Entravision’s who provides Spanish-language radio required to be divested under this Final Second Amended and Restated Bylaws, broadcasting services other than Judgment. dated July 11, 2002, have been Entravision unless plaintiff, in its sole E. Entravision Holdings means any eliminated. discretion, shall otherwise agree in equity interest, whether voting or writing. nonvoting, of Entravision that V. Divestiture of Entravision Holdings E. Univision shall notify plaintiff no defendants own or control, directly or A. Defendants are hereby ordered and less than sixty (60) calendar days prior indirectly, including, but not limited to, directed, in accordance with the terms to the expiration of each of the time the 21,983,392 shares of Entravision’s of this Final Judgment, on or before periods for the divestitures required by Class C common shares and the three (3) years from the date of filing of Section V.A of this Final Judgment of 14,943,231 shares of Entravision’s Class this Final Judgment, to divest that the arrangements it has made to A common shares owned by Univision portion of the Entravision Holdings complete each required divestiture in a as of the date of the filing this Final sufficient to cause defendants to own no timely fashion. Judgment. more than fifteen (15) percent of all VI. Entravision Governance F. The Univision/HBC Merger means outstanding shares of Entravision on a the Agreement and Plan of fully converted basis. On or before six A. From the date of the filing of this Reorganization dated June 11, 2002, by (6) years from the date of this Final Final Judgment and until its expiration, and among Univision and HBC under Judgment, defendants shall divest that defendants are enjoined and restrained, which Univision will acquire 100 portion of the Entravision Holdings directly or indirectly, from: percent of the voting securities of HBC. sufficient to cause defendants to own no 1. Suggesting or nominating, G. Own means to have or retain any more than ten (10) percent of all individually or as part of a group, any right, title, or interest in any asset, outstanding shares of Entravision on a candidate for election to Entravision’s including any ability to control or direct fully converted basis. Board of Directors, or having any officer, actions with respect to such asset, either B. Defendants are enjoined and director, manager, employee, or agent directly or indirectly, individually or restrained from the date of the filing of serve as an officer, director, manager, through any other party. this Final Judgment until the employee, or in a comparable position H. Overlap Markets are the following completion of the divestitures required with or for Entravision: Metro Survey Areas: Dallas, Texas; El by Section V.A from acquiring, directly 2. Participating in, being present at, or Paso, Texas; Las Vegas, Nevada; or indirectly, any additional share of receiving any notes, minutes, or agendas McAllen-Brownsville-Harlingen, Texas: Entravision stock, except pursuant to a of, information from, or any documents Phoenix, Arizona; and San Jose, transaction that does not increase distributed in connection with, any California. A Metro Survey Area is a defendants’ proportion of the nonpublic meeting of Entravision’s geographical unit for which Arbitron, a outstanding equity of Entravision, such Board of Directors or any committee company that surveys radio listeners, as a stock split, stock dividend, rights thereof, or any other governing body of furnishes radio stations, advertisers, and offering, recapitalization, Entravision. For purposes of this advertising agencies in a particular area reclassification, merger, consolidation, provision, the term ‘‘meeting’’ includes with data to aid in evaluating radio size or corporate reorganization. Any any action taken by consent of the composition. additional Entravision equity acquired relevant directors in lieu of a meeting: by defendants as specifically permitted 3. Voting or permitting to be voted III. Applicability in this Section V.B. shall be part of the any Entravision shares that defendants This final Judgment applies to Entravision Holdings and be subject (1) own, provided, however, that Univision Univision and HBC, both individually the divestiture obligations of Section shall have the right to vote on matters and jointly, and all other persons in V.A of this Final Judgment: and (2) to arising under the attached Certificate of active concert or participation with any the rights and restrictions set forth in Designations. Preferences and Rights of of them who receive actual notice of this Section IV.A and embodied in the Series U Preferred Stock:

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4. Using or attempting to use any acquiring, or selling shares of to plaintiff at such price and on such ownership interest in Entravision to Entravision stock solely for personal terms as are then obtainable upon the exert any influence over Entravision in investment, and any shares so held will best reasonable effort by the trustee, and the conduct of Entravision’s radio not be subject to the requirements of shall have such other powers as the business: Sections IV and V of this Final Court shall deem appropriate. The 5. Using or attempting to use any Judgment. trustee may hire at the cost and expense rights or duties under any television B. Nothing in this Final Judgment of defendants any investment bankers, affiliation agreement or relationship shall prohibit individual directors or attorneys, or other agents, who shall be between Univision and Entravision officers of defendants from continuing solely accountable to the trustee, (including any duties Univision may to hold, sell, or otherwise dispose of reasonably necessary in the trustee’s have as national television sales shares of Entravision stock acquired judgment to assist in the divestitures. representative for Entravision), to prior to the filing of this Final Judgment B. Defendants shall not object to a sale influence Entravision in the conduct of and held solely for personal investment, by the trustee on any grounds other than Entravision’s radio business: and and any shares so held will not be the trustee’s malfeasance. Any such 6. Communicating to or receiving subject to the requirements of Sections objections by defendants must be from any officer, director, manager, IV and V of this Final Judgment. conveyed in writing to plaintiff and the employee, or agent or Entravision any Individual directors and officers of trustee within ten (10) calendar days nonpublic information regarding any defendants shall not acquire any after the trustee has provided the notice aspect of defendants’ or Entravision additional shares of Entravision stock required under sectioons VIII.E and F. radio business, including any plans or after the filing of this Final Judgment. C. The trustee shall serve at the cost proposals with respect thereto. Nothing C. Nothing in this Final Judgment and expense of defendants on such in this prohibition, however, is intended shall prohibit defendants from agreeing terms and conditions as plaintiff to prevent: (1) Entravision from with Entravision to terminate the rights approves, and shall account for all advertising its radio business on under Section D of the attached monies derived from the sale of the defendants’ stations or to prevent Certificate of Designations. Preferences assets sold by the trustee and all costs defendants from advertising on and Rights of Series U Preferred Stock. and expenses so incurred. After Entravision stations: (2) joint D. Nothing in this Final Judgment approval by the Court of the trustee’s promotions between Entravision and shall prohibit defendants from entering accounting, including fees for its defendants and communications into a transaction in which Univision services and those of any professionals regarding the same; (3) Univision from would acquire a majority of the voting and agents retained by the trustee, all hiring Entravision personnel or securities of Entravision so long as the remaining money shall be paid to Entravision from hiring Univision transaction is subject to the reporting defendants and the trust shall then be personnel: and (4) nonpublic and waiting period requirements of the terminated. The compensation of the communications regarding industry- Hart-Scott-Rodino Antitrust trustee and any professionals and agents wide issues or possible potential Improvements Act of 1976, as amended, retained by the trustee shall be business transactions between the two 15 U.S.C. 18a; provided however, that reasonable in light of the Divestiture companies provided that such Univision shall not acquire or retain any Assets and based on a fee arrangement communications do not violate the direct or indirect interest in providing the trustee with incentives antitrust laws or any other applicable Entravision’s radio assets in any of the based on the price and terms of the law or regulation. Overlap Markets as part of that divestitures and the speed with which B. Defendants are enjoined and transaction without the approval of they are accomplished. restrained from preventing, or plaintiff, in its sole discretion. D. Defendants shall use their best attempting to prevent, Entravision from efforts to assist the trustee in VIII. General Powers and Duties of the making any changes in any corporate accomplishing the required divestitures. Trustee governance documents (including its The trustee and any consultants, First Restated Certificate of In the event that plaintiff, in its sole accountant, attorney’s, and other Incorporation and Second Amended discretion, determines (a) that, upon persons retained by the trustee shall and Restated Bylaws) to implement the receipt of the notice called for in have full and complete access to all prohibitions contained in Section VI.A. Section V.E. defendants have not made information held by defendants relating C. Defendants are enjoined and arrangements that will result in to the Divestiture Assets. Defendants restrained from exercising the rights completion of any divestiture within the shall take no action to interfere with or contained in Section D(i) of the attached time limits specified in Section V.A, or impede the trustee’s accomplishment of Certificate of Designations, Preferences (b) that defendants have not completed the divestitures. and Rights of Series U Preferred Stock any of the divestitures required in E. After his or her appointment except in connection with a decision by Section V.A. within the specified time becomes effective, the trustee shall file Entravision to merge, consolidate or limits, the Court shall, upon application monthly reports with the Court and otherwise reorganize Entravision with of plaintiff, appoint a trustee selected by plaintiff, setting forth the trustee’s or into one or more entities which plaintiff to effect such divestiture. efforts to accomplish the divestitures results in a transfer of all or Plaintiff may request, and the Court may ordered under this Final Judgment. To substantially all of the assets of appoint, a trustee before any of the time the extent that such reports contain Entravision or a transfer of a majority of periods for divestiture specified in information that the trustee deems the voting power of Entravision. Section V.A. expire. The following confidential, such reports shall not be in provisions apply to the trustee: the public docket of the Court. Such VII. Permitted Conduct A. After the appointment of a trustee reports shall include the name, address, A. Nothing in this Final Judgment becomes effective, only that trustee shall and telephone number of each person shall prohibit individual managers, have the right to sell the Divestiture who, during the preceding month, made agents, and employees of defendants, Assets. The trustee shall have the power an offer to acquire, expressed an interest other than individual directors and and authority to accomplish the in acquiring , entered into negotiations officers of defendants, from holding, divestitures to an acquirer(s) acceptable to acquire, or was contacted or made an

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inquiry about acquiring, any interest in read, understands, and agrees to abide Television Group (currently the co- the Divestiture Assets by means of by the terms of this Final Judgment; (b) Presidents of UTG); and (d) the private sale or placement, and shall understands that failure to comply with individual or individuals with primary describe in detail each contact with any this Final Judgment may result in supervisory responsibility for National such person. The trustee shall maintain conviction for contempt of court: and (c) Sales within the Univision Television full records of all efforts made to divest is not aware of any violation of this Group (currently the Senior Vice the Divestiture Assets. Final Judgment that has not been President of National Sales for UTG), F. If the trustee has not accomplished reported to plaintiff. that he or she: (i) Has received, read, such divestitures within sixty (60) (2) Distributing within forty-five (45) understands, and agrees to abide by the calendar days after his or her days of the filing of this Final Judgment, terms of this Final Judgment; (ii) appointment, the trustee shall promptly a copy of this Final Judgment to each understands that failure to comply with file with the Court a report setting forth: employee and any manager of any such this Final Judgment may result in (1) the trustee’s efforts to accomplish the employee who has any responsibility for conviction for contempt of court; and required divestitures, (2) the reasons, in or authority over the sale of advertising (iii) is not aware of any violation of this the trustees judgment, why the required time on radio stations, and obtaining Final Judgment that has not been divestitures have not been within ninety (90) days from the filing reported to plaintiff. accomplished, and (3) the trustee’s of this Final Judgment and retaining for C. Within sixty (60) days of filing of recommendations. To the extent such the duration of this Final Judgment, a this Final Judgment, defendants shall reports contain in formation that the written certification from each such certify to plaintiff that it has: (1) trustee deems confidential, such reports employee or manager that he or she: (a) Designated an Antitrust Compliance shall not be filed in the public docket Has received this Final Judgment and Officer, specifying his or her name, of the Court. The trustee at the same has read, understands, and agrees to business address, and telephone time shall furnish such reports to abide by the terms of Section VI of this number: and (2) distributed the Final plaintiff, who shall have the right to Final Judgment; (b) understands that Judgment in accordance with Section make additional recommendations failure to comply with Section VI of this IX.B.1 and 2. consistent with the purpose of the trust. Final Judgment may result in conviction D. For the term of this Final The Court thereafter shall enter such for contempt of court; (c) is not aware Judgment, on or before each annual order as it deems appropriate to carry of any violation of Section VI of this anniversary of the date of its filing, out the purpose of this Final Judgment, Final Judgment that has not been defendants shall file with plaintiff a which may, if necessary, include reported to plaintiff. statement as to the fact and manner of extending the trust and the term of the (3) Obtaining, within thirty (30) days its compliance with the provisions of trustee’s appointment by a period from the time of such succession, a Section V, VI, and IX.B, including a requested by the United States. written certification from each director or officer identified in Section IX.B.1 statement of the percentage of all IX. Compliance who succeeds to such a position that he outstanding shares of Entravision A. Defendants shall maintain an or she: (a) Has received, read, owned by defendants. antitrust compliance program which understands, and agrees to abide by the E. If the Antitrust Compliance Officer shall include designating, within thirty terms of this Final Judgment: (b) or any of defendants’ director, officers, (30) days of filing of this Final understands that failure to comply with or employees learn of any violation of Judgment, an Antitrust Compliance this Final Judgment may result in this Final Judgment, defendant shall: (1) Officer with responsibility for achieving conviction for contempt of court; and (c) Within three (3) business days take compliance with this Final Judgment. is not aware of any violation of this appropriate action to terminate or The Antitrust Compliance Officer shall, Final Judgment that has not been modify the activity so as to assure on a continuing basis, supervise the reported to plaintiff. compliance with this Final Judgment, review of current and proposed (4) Obtaining within thirty (30) days and (2) within ten (10) business days activities to ensure compliance with this from the time of such succession, a notify plaintiff of any such violation and Final Judgment. In the event that written certification from each the actions taken with respect to it. individual is unable to perform his or employee or manager identified in X. Plaintiff’s Access and Inspection her duties, defendants shall appoint, Section IX.B.2. who succeeds to such a subject to plaintiff’s approval, a position that he or she: (a) Has received A. For the purpose of determining or replacement Antitrust Compliance this Final Judgment and has read, securing compliance with this Final Officer within five (5) working days. understands, and agrees to abide by the Judgment, and subject to any legally Should defendants fail to appoint a terms of Section VI of this Final recognized privilege, duly authorized replacement acceptable to plaintiff Judgment; (b) understands that failure to representatives of the United States within this time period, plaintiff shall comply with Section VI of this Final Department of Justice, including appoint a replacement. Judgment may result in conviction for consultants and other persons retained B. The Antitrust Compliance Officer contempt of court; and (c) is not aware by the United States, shall, upon written shall be responsible for accomplishing of any violation of Section VI of this request of a duly authorized the following activities: Final Judgment that has not been representative of the Assistant Attorney (1) Distributing within forty-five (45) reported to plaintiff. General in charge of the Antitrust days of the filing of this Final Judgment, (5) Obtaining annually thereafter, and Division, and on reasonable notice to a copy of this Final Judgment to each retaining for the duration of this Final defendants, be permitted: current director and each current Judgment, a written certification from (1) Access during defendants’ office officer, and obtaining within ninety (90) (a) each director; (b) each officer with hours to inspect and copy, or at days from the filing of this Final responsibility for or authority over the plaintiff’s option, to require defendants Judgment and retaining for the duration sale of advertising time on radioi to provide copies of, all records and of this Final Judgment, a written stations; (c) the individual or documents in its possession or control certification from each such director or individuals with primary operational relating to any matters contained in this officer that he or she: (a) Has received, responsibility for the Univision Final Judgment; and

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(2) To interview, either informally or DATED:lll receive, after any distribution with on the record, defendants’ director, Court approval subject to the Antitrust respect to the Senior Preferred Stock officers, employees, agents or other Procedures and Penalties Act, 15 U.S.C. 16. and prior to and in preference to any persons, who may have their individual lllllllllllllllllllll distribution of any of the assets of this counsel present, relating to any matters United States District Judge Corporation to the holders of Common contained in this Final Judgment. The Stock by reason of their ownership interviews shall be subject to the Certificate of Designations, Preferences thereof, $0.0001 for each share (as reasonable convenience of the and Rights of Series U Preferred Stock adjusted for any stock split, stock interviewee and without restraint or of Entravision Communications division or consolidation) of Series U interference by defendants. Corporation Preferred Stock then-outstanding. (ii) Upon the completion of the B. Upon written request of a duly Pursuant to Section 151 of the General distribution required by subparagraph authorized representative of the Corporation Law of the State of Assistant Attorney General in charge of (i) of this Section B, the remaining Delaware: assets of this Corporation available for the Antitrust Division, defendants shall Whereas, Entravision distribution to stockholders shall be submit written reports, under oath if Communications Corporation, a distributed among the holders of Series requested, relating to any of the matters corporation organized and existing contained in this Final Judgment as may U Preferred Stock and Common Stock under the laws of the State of Delaware pro rata based on the number of shares be requested. (this ‘‘Corporation’’), does hereby certify C. No information or documents of Common Stock held by each that, pursuant to the authority conferred (assuming conversion of all such Series obtained by the means provided in this on the Board of Directors of this Section shall be divulged by plaintiff to U Preferred Stock.) Corporation by the First Restated C. Voting. Except as provided in this any person other than an authorized Certificate of Incorporation, as Certificate of Designations, the holders representative of the executive branch of amended, of this Corporation in of shares of Series U Preferred Stock the United States, except in the course accordance with Section 151 of the will have no right to vote on any of legal proceedings to which the United General Corporation Law of the State of matters, questions or proceedings of this States is a party (including grand jury Delaware, the Board of Directors of this Corporation including, without proceedings), or for the purpose of Corporation adopted the following limitation, the election of directors. securing compliance with this Final resolution establishing a new series of D. Protective Provisions. So long as Judgment, or as otherwise required by preferred stock of this Corporation. Univision Communications Inc. law. Resolved, that pursuant to the (‘‘Univision’’), or any Permitted D. If, at the time information or authority conferred on the Board of Transferee of Univision, owns at least documents are furnished by defendants Directors of this Corporation by Article 65,950 shares of Series U Preferred to plaintiff, defendants represent and 4 of the First Restated Certificate of Stock, without the consent of the identify in writing the material in any Incorporation, as amended, the Board of holders of at least a majority of the such information or documents to Directors of this Corporation hereby shares of Series U Preferred Stock then which a claim of protection may be establishes a series of the authorized outstanding, in their sole discretion, asserted under Rule 26(c)(7) of the preferred stock of this Corporation, voting as a separate series, given in Federal Rules of Civil Procedure, and $0.0001 per value per share, which writing or by vote at a meeting of such defendants mark each pertinent page of series will be designated as ‘‘Series U called for such purpose, this such material. ‘‘Subject to claim of Preferred Stock,’’ and which will consist Corporation will not: protection under Rule 26(c)(7) of the of 369,266 shares and will have the (i) Merge, consolidate or enter into a Federal Rules of Civil Procedure,’’ then following rights, preferences, privileges business combination, or otherwise plaintiff shall give defendants ten (10) and restrictions (capitalized terms not reorganize this Corporation with or into calendar days’ notice prior to divulging defined herein shall have the meaning one or more entities (other than a such material in any legal proceeding given to such terms in the First Restated merger of a wholly-owned subsidiary of (other than a grand jury proceeding) to Certificate of Incorporation, as this Corporation into another wholly- which defendants are not a party. amended, of this Corporation): owned subsidiary of this Corporation); A. Dividends and Distributions. The XI. Retention of Jurisdiction (ii) Dissolve, liquidate or terminate holders of shares of Series U Preferred this Corporation; This Court retains jurisdiction to Stock will be entitled to participate with (iii) Directly or indirectly dispose of enable any party to this Final Judgment the holders of Class A Common Stock any interest in any FCC license with to apply to this Court at any time for with respect to any dividend declared respect to television stations which are such further orders and directions as on the Class A Common Stock in affiliates of Univision Communications may be necessary or appropriate to carry proportion to the number of shares of Inc.; out or construe this Final Judgment, to Class A Common Stock issuable upon (iv) Amend, alter or repeal any modify or terminate any of its conversion of the shares of Series U provision of the Certificate of provisions, to enforce compliance, and Preferred Stock held by them. Incorporation or bylaws of this to punish any violations of its B. Liquidation Preference. (i) In the Corporation or this Certificate of provisions. event of any liquidation, dissolution or Designations, each as amended, so as to winding up of this Corporation, either adversely affect any of the rights, XII. Expiration of Final Judgment voluntary or involuntary, subject to the preferences, privileges, limitation’s or Unless extended by this Court, this rights of the Series A Preferred Stock restrictions provided for the benefit of Final Judgment shall expire ten (10) and any other series of Preferred Stock the holders of the Series U Preferred years from the date of its entry. to be established by the Board of Stock; or Directors of this Corporation (v) Issue or sell, or obligate itself to XIII. Public Interest Determination (collectively, the ‘‘Senior Preferred issue or sell, any additional shares of Entry of this Final Judgment is in the Stock’’), the holders of the Series U Series U Preferred Stock, or any public interest. Preferred Stock shall be entitled to securities that are convertible into or

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exchangeable for shares of Series U subdivision of the outstanding shares of and in the taking of all such action as Preferred Stock. Class A Common Stock or the may be necessary or appropriate in E. Conversion. determination of holders of Class A order to protect the conversion rights of (i) Voluntary Conversion. Each share Common Stock entitled to receive a the holders of Series U Preferred Stock of Series U Preferred Stock shall convert dividend or other distribution payable against impairment. automatically without any further action in additional shares of Common Stock, (vii) Unconverted Shares. If less than by the holder thereof into a number of then, as of such record date (or the date all of the outstanding shares of Series U shares of Class A Common Stock of such dividend, distribution, split or Preferred Stock are converted pursuant determined in accordance with Section subdivision if no record date is fixed), to Sections E(i) and E(iii) above, and E(ii) upon its sale, conveyance, the Conversion Rate shall be such shares are evidenced by a assignment, hypothecation, disposition appropriately decreased so that the certificate representing shares in excess or other transfer (each a ‘‘Transfer’’) to number of shares of Class A Common of the shares being converted and any third party other than an ‘‘affiliate’’ Stock issuable on conversion of each surrendered to this Corporation in (as such term is defined in Rule 405 share of such series shall be increased accordance with the procedures as the promulgated under the Securities Act of in proportion to such increase in the Board of Directors of this Corporation 1933, as amended) of the transferor and aggregate number of shares of Class A may determine, this Corporation shall may be so converted at the option of the Common Stock outstanding. If the execute and deliver to or upon the holder thereof in connection with any number of shares of Class A Common written order of the holder of such such Transfer. Stock outstanding at any time prior to certificate, without charge to the holder, (ii) Conversion Rate. Each share of the conversion of the Series U Preferred a new certificate evidencing the number Series U Preferred Stock shall be Stock is decreased by a reverse split or of shares of Series U Preferred Stock not convertible in accordance with Section combination of the outstanding shares converted. No fractional shares shall be E(i) into the number of shares of Class of Class A Common Stock, then, issued upon the conversion of any share A Common Stock that results from following the record date for such or shares of Series U Preferred Stock, multiplying (x) l by (y) the conversion reverse split or combination, the and the number of shares to be issued rate for the Series U Preferred Stock that Conversion Rate shall be appropriately shall be rounded to the nearest whole is an effect at the time of conversion (the increased so that the number of shares share. ‘‘Conversion Rate’’). The Conversion of Class A Common Stock issuable on (viii) Reservation. This Corporation Rate for the Series U Preferred Stock conversion of each share of such series shall at all times reserve and keep initially shall be 100. The Conversion shall be decreased in proportion to such available out of its authorized but Rate shall be subject to adjustment from decrease in outstanding shares. unissued shares of Class A Common time to time as provided in this (v) Recapitalizations. If at any time or Stock, to effect conversions, such Certificate of Designations. All from time to after the effective date of number of duly authorized shares of references to the Conversion Rate herein this Certificate of Designations there is Class A Common Stock as shall from mean the Conversion Rate as so a recapitalization, reclassification, time to time be sufficient to effect the adjusted. reorganization or similar event, then in conversion of all outstanding shares of (iii) Mandatory Conversion. When and any such event each holder of a share Series U Preferred Stock; and if at any if this Corporation is authorized to issue of Series U Preferred Stock shall have time the number of authorized but a class of Common Stock that has the right thereafter to convert such share unissued shares of Class A Common generally the same rights, preferences, into the kind and amount of stock and Stock shall not be sufficient to effect the privileges and restrictions as the Series other securities and property receivable conversion of all then outstanding U Preferred Stock (other than the upon such recapitalization, shares of the Series U Preferred Stock; liquidation preference provided for in reclassification, reorganization or other in addition to such other remedies as Section B), the final terms of such class change by a holder of the number of shall be available to the holder of the of Common Stock to be mutually agreed shares of Class A Common Stock into Series U Preferred Stock, this upon by this Corporation and the which such share of Series U Preferred corporation will take such corporate holders of the Series U Preferred Stock, Stock could have been converted action as may, in the opinion of counsel, then this Corporation shall have the immediately prior to such be necessary to increase its authorized right, without any further action by the recapitalization, reclassification, but unissued shares of Class A Common holder of the Series U Preferred Stock, reorganization, or other change, all Stock to such number of shares as shall to cause each share of Series U Preferred subject to further adjustment as be sufficient for such purposes, Stock to convert into the number of provided herein or with respect to such including, without limitation, engaging shares of Class U Common Stock that other securities or property by the terms in best efforts to obtain the requisite results from multiplying (x) l by (y) the thereof. stockholder approval of any necessary Conversion Rate. The Conversion of the (vi) No Impairment. This Corporation amendment to this Corporation’s Series U Preferred Stock pursuant to will not, by amendment of its Certificate Certificate of Incorporation. this subsection D(iii) shall be deemed to of Incorporation or this Certificate of F. Redemption by this Corporation. occur on the date this Corporation Designations (except in accordance with The Series U Preferred Shares shall not deposits written notice of such applicable law) or through any be redeemable by this Corporation. conversion in the United States mail, reorganization, recapitalization, transfer G. Reacquired Shares. Any shares of postage prepaid, and addressed to the of assets, consolidation, merger, Series U Preferred Stock which will holder of the Series U Preferred Stock at dissolution, issue or sale of securities or have been converted will be retired and its address appearing on the books of any other voluntary action, avoid or cancelled promptly after the acquisition this Corporation. seek to avoid the observance or thereof. All such shares will upon their (iv) Subdivisions: Combinations. In performance of any of the terms to be cancellation become authorized but the event this Corporation should at any observed or performed under this unissued shares of Preferred Stock and time prior to the conversion of the Section E by this Corporation, but will may be reissued as part of a new series Series U Preferred Stock fix a record in good faith assist in the carrying out of Preferred Stock subject to the date for the effectuation of a split or of all the provisions of this Section E conditions and restrictions on issuance

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set forth herein, in the Certificate of ‘‘Tunney Act’’), the United States decree also prohibits the companies Incorporation, or in any other certificate hereby responds to the public comments from entering into any market or or designations creating a series or any received regarding the Proposed Final customer allocation agreements in the similar stock or as otherwise required by Judgment in this case. future. law. The sixty-day period for public I. Background Resolved, further, that the officers of comment expired on April 21, 2003. As this Corporation be, and each of them On January 27, 2003, the United of today, the United States has received hereby is, authorized and empowered States filed the Complaint in this matter written comments from; (1) Citizens for on behalf of this Corporation to execute, to terminate the Defendants’ illegal Voluntary Trade, whose president filed verify and file a certificate of agreement to allocate markets for an amicus motion with this Court, (2) designations of preferences in advertisers in, and readers of, Gary Beberman, and (3) Denise D’Anne. accordance with Delaware law. alternative newsweeklies in The United States has carefully In Witness whereof, Entravision metropolitan Cleveland, Ohio, and Los considered the views expressed in these Communications Corporation has Angeles, California, in violation of comments, but nothing in the comments caused this certificate to be duly Section 1 of the Sherman Act, 15 U.S.C. has altered the United States’ executed by its duly authorized officers 1. Simultaneously with the filing of the conclusion that the Proposed Final this day of March, 2003. Complaint, the United States filed a Judgment is in the public interest. Entravision Communications Corporation Proposed Final Judgment. A Pursuant to section 16(d) of the Tunney By: lllllllllllllllllll Competitive Impact Statement (‘‘CIS’’) Act, the United States is now filing with Walter F. Ulloa, was also filed with the Court on this Court its response to such Chairman and Chief Executive Officer. February 3, 2003, and published in the comments. Once these comments and By: lllllllllllllllllll Federal Register, along with the this response are published in the John F. DeLorenzo, Proposed Final Judgment, on February Federal Register, the United States will Chief Financial Officer. 12, 2003 (see 68 FR 7132). Pursuant to have fully compiled with the Tunney [FR Doc. 03–12746 Filed 5–20–03; 8:45 am] 15 U.S.C. 16(c), a summary of the terms Act and will file a motion for entry of BILLING CODE 4410–11–M of the Proposed Final Judgment and CIS the Proposed Final Judgment. was published in The Plain Dealer during the period of February 6 through II. Response to Public Comments DEPARTMENT OF JUSTICE 12, 2003, and The Washington Post, a A. Citizens for Voluntary Trade’s newspaper of general circulation in the Comment Antitrust Division District of Columbia, during the period In its written comment, Citizens for of February 14 through 20, 2003. Voluntary Trade (‘‘CVT’’) states that the United States v. Village Voice Media, As explained more fully in the First Amendment to the U.S. LLC, & NT Media, LLC; Public Complaint and CIS, prior to entering Constitution preempts the Proposed Comments and Plaintiff’s Response into their unlawful agreement, Final Judgment, as ‘‘[e]ven the most Defendants NT Media (‘‘New Times’’) Pursuant to the Antitrust Procedures ‘anti-competitive’ conduct is protected and Village Voice Media were head-to- and Penalties Act, 15 U.S.C. 16(b) and by the First Amendment.’’ (CVT head competitors in publishing (d), the United States hereby publishes Comment at 2, a copy of which is alternative newsweeklies in Cleveland below the written comments received attached at Exhibit A.) on the proposed Final Judgment in and Los Angeles. In October 2002, New The Supreme Court as long ago as Times agreed to shut down its Los United States of America v. Village 1945 dismissed this assertion. The Angeles alternative newsweekly, the Voice Media, LLC, and NT Media, LLC, restraints imposed by these private New Times Los Angeles, if Village Voice Civil Action No. 1:03CV0164, filed in arrangements are not protected by the Media closed its newsweekly in the United States District Court for the First Amendment. Citizen Publishing Cleveland, the Cleveland Free Times. Northern District of Ohio, together with Co. v. United States, 394 U.S. 131 Thus, Defendants ‘‘swapped’’ markets, the United States’ response to the (1969); Associated Press v. United leaving New Times with a monopoly in comments. States, 326 U.S. 1, 20 (1945). Neither Cleveland and Village Voice Media with Copies of the comments and the news gathering nor news dissemination a monopoly in Los Angeles. This United States’ response are available for are being regulated by the Proposed unlawful agreement eliminated the inspection at the United States Final Judgment, which addresses only competition that had brought Department of Justice, Antitrust the Defendants’ per se illegal restraints advertisers in both cities lower Division, 325 Seventh Street, NW., Suite on certain business or commercial advertising rates, more promotional 300, Washington, DC 20530, and at the practices. The Defendants’ unreasonable opportunities and better service, and Office of the Clerk, United States restraints on competition—which the that had benefitted readers with a higher District Court for the Northern District Proposed Final Judgment remedies— quality product. of Ohio, Carl B. Stokes United States The Proposed Final Judgment comport neither with the antitrust laws Court House, 801 West Superior requires, in part, that New Times and nor with the First Amendment. As the Avenue, Cleveland, OH 44113–1830. Village Voice Media terminated their Supreme Court held in the Associated Copies of these materials may be unlawful agreement, allow affected Press case, and reiterated twenty-four obtained upon request and payment of advertisers in Los Angeles and years later in the Citizen Publishing a copying fee. Cleveland to terminate their contracts, decision: Constance K. Robinson, notify the United States before entering It would be strange indeed * * * if the grave concern for freedom of the press which Director of Operations. into any merger, sale, or joint venture involving their alternative prompted adoption of the First Amendment Response to Public Comments should be read as a command that the newsweeklies, and divest the assets of government was without power to protect Pursuant to the requirements of the the New Times Los Angles and the that freedom. The First Amendment, far from Antitrust Procedures and Penalties Act, Cleveland Free Times to new entrants in providing an argument against application of 15 U.S.C. 16(b)–(h) (‘‘APPA’’ or those markets. The proposed consent the Sherman Act, here provides powerful

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reasons to the contrary. That Amendment Furthermore, the divestitures at to this matter. (Also, the sixty-day rests on the assumption that the widest issued are common in many other comment period in that case ended on possible dissemination of information from Tunney act proceedings, It is customary January 28, 2002, and the United States diverse and antagonistic sources is essential in the vast majority of mergers that are District Court for the District of to the welfare of the public, that a free press is a condition of a free society. Surly a resolved by consent in the form of Columbia entered the final judgment on command that the government itself shall not proposed final judgments to permit the November 12, 2002.) defendants to merge at the time when impede the free flow of ideas does not afford C. Denise D’Anne’s Comment nongovernmental combinations a refuge if the complaint and proposed final they impose restraints upon that judgment are filed, subject to the Mr. D’Anne thanked the United States constitutionally guaranteed freedom. defendant’s obligations under the for pursuing this action. (A copy of Ms. Freedom to publish means freedom for all proposed final judgment to take steps to D’Anne’s comment is attached as and not for some. Freedom to publish is divest certain specified assets. In these Exhibit D.) guaranteed by the Constitution, but freedom to combine to keep others from publishing is mergers, the defendants are generally III. Conclusion allowed to complete the merger prior to not. Freedom of the press from governmental After careful consideration of these interference under the First Amendment does the close of the sixty-day comment not sanction repression of that freedom by period and entry of the final judgment public comments, the United States has private interests. The First Amendment by the court. The defendants in such concluded that entry of the Proposed affords not the slightest support for the cases, as here, understand that the Final Judgment will provide an effective contention that a combination to restrain proposed final judgment is subject to and appropriate remedy for the antitrust trade in news and views has any public comment, that the United States violation alleged in the Complaint, and constitutional immunity.1 may revoke its consent at any time is therefore in the public interest. In his amicus brief, S.M. Oliva, CVT’s before the final judgment is entered, and Pursuant to seciton 16(d) of the APPA, president, does not address the merits of that the final judgment will not be the United States is submitting these the Proposed Final Judgment but rather entered unless a court finds that it is in public comments and this response to objects to certain procedural aspects of the public interest. the Federal Register for publication. the Proposed Final Judgment. In Third, to delay any remedial measures After these comments and this response particular, Oliva alleges that the United until after the sixty-day comment period are published in the Federal Register, States intentionally violated the Tunney expires might undermine the the United States will move this Court Act by requiring the Defendants to effectiveness of the relief. As the CIS to enter the Proposed Final Judgment. complete certain divestitures within states, ‘‘[g]iven that Defendants had Dated: May 1, 2003. thirty days after the filing of the closed the Cleveland Free Times and Maurice E. Stucke, Complaint. (Amicus brief at 3, a copy of New Times Los Angeles in October Carol A. Bell, which is attached as Exhibit B.) 2002, a quick and effective remedy was Matthews J. Bester, First, nothing in the Tunney Act necessary to reestablish competition.’’ Attorneys for the United States, United States precludes the United States from taking (CIS at 14.) Readers and advertisers will Department of Justice, Antitrust Division, or refraining from certain actions during sooner benefit in Cleveland and Los Litigation III Section, 325 Seventh Street, the sixty-day comment period. The Angeles as a result of a quick and NW., Suite 300, Washington, DC 20530, (202) statute also does not prohibit the 305–1489 (telephone), (202) 514–1517 effective divestiture. (facsimile), [email protected]. Defendants from divesting certain assets B. Gary Beberman’s Comment Jon R. Smibert, and refraining from certain action before In his e-mail, Mr. Beberman writes Attorney for the United States, United States this Court enters the Proposed Final Department of Justice, Antitrust Division, Judgment. that the United States ‘‘may have been Cleveland Field Office, 55 Erieview Plaza, Second, contrary to Mr. Oliva’s correct that the Village voice was Suite 700, Cleveland, Ohio 44114–1816, (216) assertion, the required divestitures do colluding in anti-competitive behavior’’ 522–4070, telephone, (216) 522–8332, not preclude this Court from evaluating but that ‘‘their actions were merely facsimile, [email protected]. attempts to survive.’’ (A copy of Mr. whether entry of the Proposed Final Certificate of Service Judgment is in the public interest or Beberman’s comment is attached as declining to enter the order if it believes Exhibit C.) Mr. Beberman, however, I hereby certify that I served a copy the settlement is unacceptable. As never states whether he supports or of the foregoing Response to Public Section IV(A) of the Hold Separate opposes entry of the Proposed Final Comments via First Class United States Stipulation and Order provides, the Judgment. And any critique of whether Mail, this 1st day of May, 2003, on: United States may withdraw its consent this investigation should have been Melanie Sabo, to the Proposed Final Judgment at any brought in the first place amounts to a Preston Gates Ellis & Rouvelas Meeds, LLP, time before the entry of the Proposed challenge of the initial exercise of the 1735 New York Avenue, NW., Suite 500, Final Judgment. Moreover, the Hold United States’ prosecutorial discretion, Washington, DC 20006–5209, Counsel for Separate Stipulation and Order which is outside the scope of this Defendant Village Voice Media, LLC. contemplates that this Court may not proceeding. See, e.g., United States v. Joseph Kattan, enter the Proposed Final Judgment. By Western Elec. Co., 993 F.2d 1572, 1577 Gibson, Dunn & Crutcher, LLP, 1050 divesting certain assets and refraining (D.C. Cir. 1993)(noting that Tunney Act Connecticut Avenue, NW., Washington, DC from any action in furtherance of their proceeding does not permit ‘‘de novo 20036, Counsel for Defendant NT Media, LLC. illegal market allocation agreement, the determination of facts and issues’’ Defendants have assumed the risk that because ‘‘[t]he balancing of competing Carol A. Bell, the United States might withdraw its social and political interests affected by Attorney for the United States, United States consent and proceed to trial or that this a proposed antitrust decree must be left, Department of Justice, Antitrust Division, in the first instance, to the discretion of Litigation III Section, 325 Seventh Street, Court may decline the Proposed Final NW., Suite 300, Washington, DC 20530, (202) Judgment. the Attorney General’’)(citations 307–3076. omitted). Likewise, Mr. Beberman’s 1 Citizen Publ’g, 394 U.S. at 139–40 (quoting comments about another case, United [FR Doc. 03–12745 Filed 5–20–03; 8:45 am] Associated Press, 326 U.S. at 20). States v. Microsoft Corp., are extraneous BILLING CODE 4410–11–M

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DEPARTMENT OF JUSTICE Quarterly Report by Office of Justice of institution, address, country, phone); Programs. title/position of attendee. To expedite Antitrust Division CONTACT PERSON FOR MORE INFORMATION: admittance, attendees can provide Larry Solomon, Deputy Director, 202– identifying information in advance by Notice Pursuant to the National 307–3106, ext. 44254. contacting Mary-Ellen McGrath via Cooperative Research and Production email at [email protected] or by Act of 1993—Global Climate and Morris L. Thigpen, telephone at 202–358–4729. Attendees Energy Project Director. will be escorted at all times. Notice is hereby given that, on April [FR Doc. 03–12744 Filed 5–20–03; 8:45 am] It is imperative that the meeting be 16, 2003, pursuant to section 6(a) of the BILLING CODE 4410–36–M held on these dates to accommodate the National Cooperative Research and scheduling priorities of the key Production Act of 1993, 15 U.S.C. 4301 participants. et seq. (‘‘the Act’’), Global Climate and NATIONAL AERONAUTICS AND June W. Edwards, SPACE ADMINISTRATION Energy Project has filed written Advisory Committee Management Officer, notifications simultaneously with the [Notice (03–052)] National Aeronautics and Space Attorney General and the Federal Trade Administration. Commission disclosing changes in its NASA Advisory Council, Aerospace [FR Doc. 03–12726 Filed 5–20–03; 8:45 am] membership status. The notifications Technology Advisory Committee; BILLING CODE 7510–01–P were filed for the purpose of extending Meeting the Act’s provisions limiting the AGENCY: National Aeronautics and recovery of antitrust plaintiffs to actual THE NATIONAL FOUNDATION ON THE Space Administration. damages under specified circumstances. ARTS AND THE HUMANITIES Specifically, Toyota Motor Corporation, ACTION: Notice of meeting. Aichi, Japan has been added as a party Meetings of Humanities Panel to this venture. SUMMARY: In accordance with the No other changes have been made in Federal Advisory Committee Act, Public AGENCY: The National Endowment for either the membership or planned Law 92–463, as amended, the National the Humanities. activity of the group research project. Aeronautics and Space Administration ACTION: Notice of meetings. Membership in this group research announces a meeting of the NASA SUMMARY: Pursuant to the provisions of project remains open, and Global Advisory Council, Aerospace the Federal Advisory Committee Act Climate and Energy Project intends to Technology Advisory Committee (Pub. L. 92–463, as amended), notice is file additional written notification (ATAC). hereby given that the following disclosing all changes in membership. DATES: Wednesday, June 25, 2003, 8 meetings of the Humanities Panel will a.m. to 5 p.m.; and Thursday, June 26, On March 12, 2003, Global Climate be held at the Old Post Office, 1100 2003, 8 a.m. to 12 noon. and Energy Project filed its original Pennsylvania Avenue, NW., notification pursuant to section 6(a) of ADDRESSES: National Aeronautics and Washington, DC 20506. the Act. The Department of Justice Space Administration, 300 E Street, published a notice in the Federal FOR FURTHER INFORMATION CONTACT: SW., Room 6H46 (MIC 6), Washington, Heather Gottry, Acting Advisory Register pursuant to section 6(b) of the DC 20546. Act on April 4, 2003 (68 FR 16552). Committee Management Officer, FOR FURTHER INFORMATION CONTACT: Mrs. National Endowment for the Constance K. Robinson, Mary-Ellen McGrath, Code RG, National Humanities, Washington, DC 20506; Director of Operations, Antitrust Division. Aeronautics and Space Administration, telephone (202) 606–8322. Hearing- [FR Doc. 03–12747 Filed 5–20–03; 8:45 am] Washington, DC 20546, (202) 358–4729. impaired individuals are advised that BILLING CODE 4410–11–M SUPPLEMENTARY INFORMATION: The information on this matter may be meeting will be open to the public up obtained by contacting the to the seating capacity of the room. The Endowment’s TDD terminal on (202) DEPARTMENT OF JUSTICE agenda for the meeting is as follows: 606–8282. —Opening Remarks SUPPLEMENTARY INFORMATION: The National Institute of Corrections —Status of FY 2004 Aeronautics proposed meetings are for the purpose Advisory Board Meeting Initiatives of panel review, discussion, evaluation —Subcommittee Reports and recommendation on applications TIME AND DATE: 8:30 a.m. to 5 p.m. on —Status of Joint Program Office for financial assistance under the Monday, June 23–24, 2003. —Potential Items for FY 2005 Budget National Foundation on the Arts and the —Closing Comments Humanities Act of 1965, as amended, PLACE: Sheraton North Houston at Attendees will be requested to sign a including discussion of information George Bush Intercontinental Airport, register and to comply with NASA given in confidence to the agency by the 15700 JFK Boulevard, Houston, TX security requirements, including the grant applicants. Because the proposed 77032. presentation of a valid picture ID, before meetings will consider information that STATUS: Open. receiving an access badge. Foreign is likely to disclose trade secrets and MATTERS TO BE CONSIDERED: Director’s nationals attending this meeting will be commercial or financial information report; Panel Presentation on NICs required to provide the following obtained from a person and privileged Leadership/Management Training; Tour information: Full name; gender; date/ or confidential and/or information of a of the state Texas Department of place of birth; citizenship; visa/ personal nature the disclosure of which Criminal Justice, Jester III Unit, the greencard information (number, type, would constitute a clearly unwarranted Inner Change Program (a faith-based expiration date); passport information invasion of personal privacy, pursuant initiative); Division reports; Up date on (number, country, expiration date); to authority granted me by the Interstate Compact activities; and employer/affiliation information (name Chairman’s Delegation of Authority to

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Close Advisory Committee meetings, Office of Challenge Grants. All members automated collection techniques or dated July 19, 1993, I have determined will serve until replaced. other forms of information technology. that these meetings will be closed to the Bruce Cole, Title and purpose of information public pursuant to subsections (c)(4), Chairman. collection: Statement of Claimant or and (6) of section 552b of Title 5, United Other Person; OMB 3220–0183. To States Code. [FR Doc. 03–12771 Filed 5–20–03; 8:45 am] support an application for an annuity 1. Date: June 2, 2003. BILLING CODE 7536–01–P under Section 2 of the Railroad Time: 8:30 a.m. to 5 p.m. Retirement Act (RRA) or for Room: 415. NATIONAL SCIENCE FOUNDATION unemployment benefits under Section 2 Program: This meeting will review of the Railroad Unemployment applications for Humanities Focus Notice of Permits Issued Under the Insurance Act (RUIA), pertinent Grants, submitted to the Division of Antarctic Conservation Act of 1978 information and proofs must be Education Programs at the April 15, furnished for the RRB to determine 2003 deadline. AGENCY: National Science Foundation. benefit entitlement. Circumstances may 2. Date: June 30, 2003. ACTION: Notice of permits issued under require an applicant or other person(s) Time: 8:30 a.m. to 5:30 p.m. the Antarctic Conservation Act of 1978, having knowledge of facts relevant to Room: 415. Public Law 95–541. the applicant’s eligibility for an annuity Program: This meeting will review SUMMARY: The National Science or benefits to provide written statements applications for Colleges and supplementing or changing statements Universities, submitted to the Office of Foundation (NSF) is required to publish notice of permits issued under the previously provided by the applicant. Challenge Grants at the May 1, 2003 Under the railroad retirement program deadline. Antarctic Conservation Act of 1978. This is the required notice. these statements may relate to changes Heather Gottry, FOR FURTHER INFORMATION CONTACT: in annuity beginning date(s), dates for Acting Advisory Committee Management Nadene G. Kennedy, Permit Office, marriage(s), birth(s), prior railroad or Officer. Office of Polar Programs, Rm. 755, non-railroad employment, an [FR Doc. 03–12770 Filed 5–20–03; 8:45 am] National Science Foundation, 4201 applicant’s request for reconsideration BILLING CODE 7536–01–P Wilson Boulevard, Arlington, VA 22230. of an unfavorable RRB eligibility SUPPLEMENTARY INFORMATION: On March determination for an annuity or various 26, 2003, the National Science other matters. The statements may also THE NATIONAL FOUNDATION ON THE be used by the RRB to secure a variety ARTS AND THE HUMANITIES Foundation published a notice in the Federal Register of a permit application of information needed to determine SES Performance Review Board received. A permit was issued on May eligibility to unemployment and 15, 2003 to: Werner Stambach, Permit sickness benefits. Procedures related to AGENCY: The National Endowment for No. 2004–001. providing information needed for RRA the Humanities. annuity or RUIA benefit eligibility Nadene G. Kennedy, ACTION: Notice. determinations are prescribed in 20 CFR Permit Officer. parts 217 and 320 respectively. [FR Doc. 03–12694 Filed 5–20–03; 8:45 am] SUMMARY: This notice announces the The RRB utilizes Form G–93, BILLING CODE 7555–01–M membership of the Performance Review Statement of Claimant or Other Person Board of the National Endowment for to obtain the supplemental or corrective the Humanities. information from applicants or other FOR FURTHER INFORMATION CONTACT: RAILROAD RETIREMENT BOARD persons needed to determine applicant Timothy G. Connelly, Director of Proposed Collection: Comment eligibility for an RRA annulity or RUIA Human Resources, National Endowment benefits. for the Humanities, 1100 Pennsylvania Request The RRB proposes no changes to Avenue, NW., Washington, DC 20506; SUMMARY: In accordance with the Form G–93. telephone (202) 606–8415. requirement of Section 3506(c)(2)(A) of SUPPLEMENTARY INFORMATION: 5 U.S.C. the Paperwork Reduction Act of 1995 The completion time for Form G–93 is 3393 and 4314(c)(1) through (5) require which provides opportunity for public estimated at 15 minutes per response. each agency to establish, in accordance comment on new or revised data The RRB estimates that approximately with regulations prescribed by the collections, the Railroad Retirement 900 Form G–93’s are received annually. Office of Personnel Management, both Board (RRB) will publish periodic Completion is voluntary. One response an executive resources board and a summaries of proposed data collections. is requested of each respondent. performance review board for SES. The Comments are invited on: (a) Whether Additional Information or Comments: National Endowment for the Humanities the proposed collection is necessary for To request more information or to has a combined Board, which is referred the proper performance of the functions obtain a copy of the information to as the Executive Resources and of the agency, including whether the collection justification, forms, and/or Performance Review Board (ERPRB). information has practical utility; (b) the supporting material, please call the RRB Effective July 1, 2003, the members of accuracy of the RRB’s estimate of the Clearance Officer at (312) 751–3363. the National Endowment for the burden of the collection of the Comments regarding the information Humanities SES Performance Review information; (c) ways top enhance the Board are Jeffrey Thomas, Assistant quality, utility, and clarity of the collection should be addressed to Chairman for Planning and information to be collected; and (d) Ronald J. Hodapp, Railroad Retirement Operations—Board Chair, Cherie ways to minimize the burden related to Board, 844 North Rush Street, Chicago, Harder, Senior Counselor to the the collection of information on Illinois, 60611–2092. Written comments Chairman, and Stephen Ross, Director, respondents, including the use of

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should be received within 60 days of request a hearing by writing to the serves as investment adviser to the this notice. Commission’s Secretary and serving Portfolios. MacKay and McMorgan, applicants with a copy of the request, investment advisers registered under the Chuck Mierzwa, personally or by mail. Hearing requests Advisers Act, are subadvisers to certain Clearance Officer. should be received by the Commission Portfolios. The Adviser serves or may [FR Doc. 03–12691 Filed 5–20–03; 8:45 am] by 5:30 p.m. on June 9, 2003, and serve as investment adviser to privately BILLING CODE 7905–01–M should be accompanied by proof of managed accounts which are entities service on applicants, in the form of an that are not pooled investment vehicles affidavit or, for lawyers, a certificate of (‘‘Managed Accounts’’). NYLIM, SECURITIES AND EXCHANGE service. Hearing requests should state MacKay and McMorgan are indirect COMMISSION the nature of the writer’s interest, the wholly-owned subsidiaries of New York [Investment Company Act Release No. reason for the request, and the issues Life Insurance Company. 26047; 812–12770] contested. Persons who wish to be 3. Portfolios that are not Money notified of a hearing may request Market Funds (the ‘‘Investing Funds’’) The MainStay Funds, et al.; Notice of notification by writing to the and Managed Accounts have, or are Application Commission’s Secretary. expected to have, cash reserves ADDRESSES: Secretary, Commission, 450 (‘‘Uninvested Cash’’). Such Uninvested May 15, 2003. Fifth Street, NW., Washington, DC, Cash may result from a variety of AGENCY: Securities and Exchange 20549–0609. Applicants, c/o Paul sources, including dividends or interest Commission (‘‘Commission’’). Schott Stevens, Esq., Dechert, 1775 Eye received on portfolio securities, ACTION: Notice of an application for an Street NW., Washington, DC, 20006. unsettled securities transactions, order under section 12(d)(1)(J) of the FOR FURTHER INFORMATION CONTACT: strategic reserves, matured investments, Investment Company Act of 1940 (the Emerson S. Davis, Sr., Senior Counsel, liquidated proceeds from investment ‘‘Act’’) for an exemption from sections at (202) 942–0714, or Nadya B. Roytblat, securities, or new investor monies. 12(d)(1)(A) and (B) of the Act, under Assistant Director, at (202) 942–0564, Certain Investing Funds and Managed sections 6(c) and 17(b) of the Act for an (Division of Investment Management, Accounts also may participate in a exemption from section 17(a) of the Act, Office of Investment Company securities lending program under which and under section 17(d) of the Act and Regulation). an Investing Fund may lend its portfolio rule 17d–1 under the Act to permit securities to registered broker-dealers or SUPPLEMENTARY INFORMATION: certain joint transactions. The other institutional investors (‘‘Securities following is a summary of the Lending Program’’). The loans will be Summary of the Application: The application. The complete application continuously secured by collateral, requested order would permit certain may be obtained for a fee at the equal at all times to at least the market registered management investment Commission’s Public Reference Branch, value of the securities loaned (such companies to invest uninvested cash 450 Fifth Street, NW., Washington, DC, collateral, when in the form of cash, and cash collateral in affiliated money 20549–0102 (tel. 202–942–8090). ‘‘Cash Collateral’’ and together with market funds in excess of the limits in Applicants’ Representations Uninvested Cash, ‘‘Cash Balances’’). The sections 12(d)(1)(A) and (B) of the Act. Managed Accounts also may have Cash Applicants: The MainStay Funds 1. Each Fund is registered under the Collateral. (‘‘MainStay’’), Mainstay VP Series Fund, Act as an open management investment 4. Applicants request an order to Inc. (‘‘VP’’), Eclipse Funds, Eclipse company. MainStay and Eclipse Funds permit the Investing Funds and Funds, Inc., New York Life Investment are Massachusetts business trusts and Managed Accounts to invest their Cash Management Institutional Funds consist of twenty-four and four Balances in shares of one or more (‘‘NYLIM Institutional’’) and McMorgan Portfolios, respectively. VP and Eclipse Money Market Funds and the Money Funds (together the ‘‘Funds’’), all Funds, Inc., are Maryland corporations Market Funds to sell their shares to, and existing and future series of the Funds and are comprised of nineteen and redeem their shares from, the Investing (together the ‘‘Portfolios’’), New York fourteen Portfolios, respectively. Funds and Managed Accounts and the Life Investment Management LLC McMorgan Funds and NYLIM Adviser to effect the proposed (‘‘NYLIM’’), MacKay Shields LLC Institutional are Delaware business transactions. Investment of Cash (‘‘MacKay’’) and McMorgan & Company trusts and consist of five and one Balances in shares of the Money Market LLC (‘‘McMorgan,’’ together with Portfolios, respectively. The Portfolio of Funds will be made consistent with NYLIM and Mackay, the ‘‘Adviser’’), NYLIM Institutional holds itself out as each Investing Fund’s investment and any other registered management a money market fund that complies with restrictions and policies as set forth in investment company and series thereof rule 2a–7 under the Act (together with its prospectus and statement of currently or in the future advised by the any future Portfolios that comply with additional information. Applicants Adviser or any entity controlling, rule 2a–7 under the Act, the ‘‘Money believe that the proposed transactions controlled by, or under common control Market Funds’’).1 may reduce transaction costs, create with the Adviser (included in the term 2. NYLIM, an investment adviser more liquidity, increase returns, and ‘‘Adviser’’)(each such investment registered under the Investment further diversify holdings. company included in the term ‘‘Funds’’ Advisers Act of 1940 (‘‘Advisers Act’’), 5. Applicants state that the Managed and its series included in the term Accounts and Money Market Funds ‘‘Portfolios’’). 1 All existing Funds that currently intend to rely engage in the purchase and sale on the requested relief are named as applicants. The Filing Dates: The application was term ‘‘Adviser’’ shall include successor(s) in transactions with each other in reliance filed on February 12, 2002 and amended interests, which are entities that result from a of rule 17a–7 under the Act. Applicants on May 9, 2003. reorganization of the entity into another jurisdiction seek relief to permit these interfund Hearing or Notification of Hearing: An or a change in the type of business organization of transactions to continue in the event the entity. Any other existing and future entity that order granting the requested relief will may rely on the relief in the future will do so only that the Managed Accounts become 5% be issued unless the Commission orders in accordance with the terms and conditions of the or more owners of the Money Market a hearing. Interested persons may application. Funds (‘‘Interfund Transactions’’).

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Applicants’ Legal Analysis approving any advisory contract with any provision of the Act if the the Adviser for an Investing Fund, its exemption is necessary or appropriate I. Investment of Cash Balances in the board of directors (the ‘‘Board’’), in the public interest and consistent Money Market Funds including a majority of the trustees who with the protection of investors and the A. Section 12(d)(1) of the Act are not ‘‘interested persons,’’ as defined purposes fairly intended by the policy 1. Section 12(d)(1)(A) of the Act in section 2(a)(19) of the Act and provisions of the Act. 6. Applicants submit that their provides, in pertinent part, that no (‘‘Independent Trustees’’), will consider request for relief to permit the purchase registered investment company may to what extent, if any, the advisory fees and redemption of shares of a Money acquire securities of another investment charged to the Investing Fund by the Market Fund by the Investing Funds company if such securities represent Adviser should be reduced to account and Managed Accounts satisfies the more than 3% of the acquired for reduced services provided to the standards in sections 6(c) and 17(b) of company’s outstanding voting stock, Investing Funds by the Adviser as a result of the investment of Uninvested the Act. Applicants note that shares of more than 5% of the acquiring Cash in a Money Market Fund. the Money Market Funds will be company’s total assets, or if such Applicants represent that no Money purchased and redeemed at their net securities, together with the securities of Market Fund will acquire securities of asset value, the same consideration paid other acquired investment companies, any other investment company in excess and received for these shares by any represent more than 10% of the of the limitations contained in section other shareholder. Applicants state that acquiring company’s total assets. 12(d)(1)(A) of the Act. the Investing Funds will retain their Section 12(d)(1)(B) of the Act, in ability to invest Cash Balances directly pertinent part, provides that no B. Section 17(a) of the Act in money market instruments as registered open-end investment 4. Section 17(a) of the Act makes it authorized by their respective company may sell its securities to unlawful for any affiliated person of a investment objectives and policies if another investment company if the sale registered investment company, or an they believe they can obtain a higher will cause the acquiring company to affiliated person of such person, acting rate of return or for any other reason. own more than 3% of the acquired as principal, to sell or purchase any Applicants also state that each Money company’s voting stock, or if the sale security to or from the company. Market Fund may discontinue selling will cause more than 10% of the Section 2(a)(3) of the Act defines an shares to any of the Investing Funds if acquired company’s voting stock to be ‘‘affiliated person’’ of an investment the Board of the Money Market Fund or owned by investment companies. company to include, among others, any the Adviser determines that such sale 2. Section 12(d)(1)(J) of the Act person directly or indirectly controlling, would adversely affect the Money authorizes the Commission to exempt controlled by, or under common control Market Fund’s portfolio management any person, security, or transaction from with the other person and any person and operations. any provision of section 12(d)(1) if, and owning, controlling, or holding with to the extent that, such exemption is power to vote, 5% or more of the other C. Section 17(d) of the Act and Rule consistent with the public interest and person. Applicants state that, because 17d–1 under the Act the protection of investors. Applicants the Portfolios and Managed Accounts 7. Section 17(d) of the Act and rule request relief under section 12(d)(1)(J) share a common investment adviser, a 17d–1 under the Act prohibit an from the percentage limitations of Portfolio may be deemed to be under affiliated person of an investment sections 12(d)(1)(A) and (B) to permit common control with each of the other company, acting as principal, from the Investing Funds to invest Cash Portfolios, and thus an affiliated person participating in or effecting any Balances in the Money Market Funds. of each of the other Portfolios. In transaction in connection with any joint 3. Applicants state that the proposed addition, if the relief is granted, an enterprise or joint arrangement in which arrangement would not result in the Investing Fund and Managed Account the investment company participates. abuses that sections 12(d)(1)(A) and (B) may own more than 5% of certain Applicants state that each Investing were intended to prevent. Applicants Money Market Funds and such Fund and Managed Account, by state that because each Money Market Investing Funds and Managed Accounts purchasing shares of the Money Market Fund will maintain a highly liquid may be deemed affiliated persons of Funds, each Money Market Fund, by portfolio, an Investing Fund will not be each other. As a result, section 17(a) selling shares to and redeeming shares in a position to gain undue influence would prohibit the sale of the shares of from, the Investing Funds and Managed over a Money Market Fund through a Money Market Fund to the Investing Accounts, and the Adviser, by effecting threat of redemption. Applicants Funds and Managed Accounts, and the the proposed transactions, could be represent that the proposed arrangement redemption of such shares by the deemed to be participants in a joint will not result in an inappropriate Investing Funds and the Managed enterprise or arrangement within the layering of fees because shares of the Accounts. meaning of section 17(d) of the Act and Money Market Funds sold to and 5. Section 17(b) of the Act authorizes rule 17d–1 under the Act. redeemed from the Investing Funds will the Commission to exempt a transaction 8. Rule 17d–1 permits the not be subject to a sales load, from section 17(a) if the terms of the Commission to approve a proposed joint redemption fee, distribution fee under a proposed transaction, including the transaction covered by the terms of plan adopted in accordance with rule consideration to be paid or received, are section 17(d) of the Act. In determining 12b–1 under the Act, or service fee (as reasonable and fair and do not involve whether to approve a transaction, the defined in rule 2830(b)(9) of the overreaching on the part of any person Commission will consider whether the National Association of Securities concerned, the proposed transaction is proposed transaction is consistent with Dealers’ (‘‘NASD’’) Conduct Rules). If a consistent with the policy of each the provisions, policies, and purposes of Money Market Fund offers more than investment company concerned, and the the Act, and the extent to which one class of securities, each Investing proposed transaction is consistent with participation by the investment Fund will invest Cash Balances only in the general purposes of the Act. Section company is on a basis different from or the class with the lowest expense ratio 6(c) of the Act permits the Commission less advantageous than that of other at the time of the investment. Before to exempt persons or transactions from participants. Applicants submit that the

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investment by the Investing Funds and defined in rule 2830(b)(9) of the NASD’s 7. Before any Investing Fund may Managed Accounts in shares of a Money Conduct Rules). participate in a Securities Lending Market Fund would be made on the 2. No Money Market Fund will Program, a majority of the Board, same basis and indistinguishable from acquire securities of any other including a majority of the Independent those of any other shareholders. investment company in excess of the Trustees of the Investing Fund, will Applicants state that, for the reasons limits contained in section 12(d)(1)(A) approve the Investing Fund’s discussed above, the proposed of the Act. participation in the Securities Lending transactions meet the standards for an 3. Each of the Investing Funds will Program. Such trustees also will order under rule 17d–1. invest Uninvested Cash in, and hold evaluate the securities lending arrangement and its results no less II. Interfund Transactions shares of, a Money Market Fund only to the extent that such Investing Fund’s frequently than annually and determine 9. Applicants state that Money Market aggregate investment of Uninvested that any investment of Cash Collateral Funds and Managed Accounts may rely Cash in the Money Market Funds does in the Money Market Funds is in the on rule 17a–7 under the Act to conduct not exceed 25 percent of the Investing best interest of the shareholders of such Interfund Transactions. Rule 17a–7 Fund’s total assets. For purposes of this Investing Fund. under the Act provides an exemption limitation, each Investing Fund will be 8. To engage in Interfund from section 17(a) for purchase and sale treated as a separate investment Transactions, the Managed Accounts transactions between a registered company. and Money Market Funds will comply investment company and an affiliated 4. Each Investing Fund, Managed with rule 17a–7 under the Act in all person of such company (or an affiliated Account and Money Market Fund respects other than the requirement that person of an affiliated person), provided relying on the order will be advised by the parties to the transactions be certain condition are met, including that the Adviser. An Investing Fund that is affiliated persons (or affiliated persons the affiliation between the registered subadvised, but not advised, by a of affiliated persons) of each other solely investment company and the affiliated NYLIM Adviser may rely on the order by reason of having a common person (or an affiliated person of the provided that the NYLIM Adviser investment adviser or investment affiliated person) must exist solely by managers the Cash Balances and the advisers that are affiliated persons of reason of having a common investment Investing Fund is in the same group of each other, common officers and/or adviser, common officers and/or investment companies (as defined in common directors, solely because the common directors. Applicants state that section 12(d)(1)(G) of the Act) as the Managed Accounts and the Money by virtue of the Managed Accounts Money Market Fund in which the Market Funds might become affiliated owning 5% or more of the outstanding Investing Fund invests its Cash persons within the meaning of sections voting securities of a Money Market Balances. 2(a)(3)(A) and (B) of the Act. Fund, the Managed Accounts and the 5. Investment of Cash Balances by an For the Commission, by the Division of Money Market Funds would no longer Investing Fund in shares of the Money Investment Management, pursuant to be affiliated solely by reason of having Market Funds will be in accordance delegated authority. a common investment adviser, common with each Investing Fund’s respective J. Lynn Taylor, officers and/or common directors. investment restrictions and will be Assistant Secretary. 10. Applicants request relief under consistent with each Investing Fund’s [FR Doc. 03–12736 Filed 5–20–03; 8:45 am] sections 6(c) and 17(b) of the Act to policies as set forth in its prospectus BILLING CODE 8010–01–P permit the Interfund Transactions. and statement of additional information. Applicants state that to engage in 6. Before the next meeting of the Interfund Transactions, the Managed Board is held for the purpose of voting SECURITIES AND EXCHANGE Accounts and Money Market Funds will on an advisory contract under section COMMISSION comply with rule 17a–7 under the Act 15 of the Act, the Adviser to the in all respects other than the Investing Fund will provide the Board [Release No. 34–4781; File No. S7–966] requirement that the parties to the with specific information regarding the Program for Allocation of Regulatory transaction be affiliated persons (or approximate cost to the Adviser of, or Responsibilities Pursuant to Rule 17d– affiliated person of affiliated persons) of portion of the advisory fee under the 2; Notice of Filing of the Plan for each other solely by reason of having a existing advisory contract, attributable Allocation of Regulatory common investment adviser or to managing the Uninvested Cash of the Responsibilities Between the National investment advisers that are affiliated Investing Fund that can be expected to Association of Securities Dealers, Inc. persons of each other, common officer be invested in the Money Market Funds. and the International Securities and/or common directors, solely In connection with approving any Exchange, Inc. because the Managed Accounts and the advisory contract for an Investing Fund, Money Market Funds might become the Board, including a majority of the May 14, 2003. affiliated persons within the meaning of Independent Trustees, shall consider to Pursuant to section 17(d) of the sections 2(a)(3)(A) and (B) of the Act. what extent, if any, the advisory fees Securities Exchange of 1934 (‘‘Act’’) 1 Applicants’ Conditions charged to the Investing Fund by the and Rule 17d–2 thereunder,2 notice is Adviser should be reduced to account hereby given that on January 7, 2003, Applicants agree that any order for reduced services provided to the the National Association of Securities granting the requested relief will be Investing Fund by the Adviser as a Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) subject to the following conditions: result of the Uninvested Cash being and the International Securities 1. Shares of the Money Market Funds invested in the Money Market Funds. Exchange, Inc. (‘‘ISE’’) filed with the sold to and redeemed by the Investing The minute books of the Investing Fund Securities and Exchange Commission Funds will not be subject to a sales load, will record fully the Board’s (‘‘SEC’’ or ‘‘Commission’’) a plan for redemption fee, distribution fee under a consideration in approving the advisory plan adopted in accordance with rule contract, including the considerations 1 15 U.S.C. 78q(d). 12b–1 under the Act or service fee (as referred to above. 2 17 CFR 240.17d–2.

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allocation of regulatory responsibilities are relieved of the responsibility to the Commission approved an relating to options-related sales examine the firm for compliance with Amendment to the Options-related practices (‘‘ISE/NASD Options-related applicable financial responsibility rules. Sales Practice Plan that added ISE as a Sales Practice 17d–2 Plan’’). On May 1, On its face, Rule 17d–1 deals only participant.11 On November 8, 2002, the 2003, NASD and ISE filed Amendment with an SRO’s obligations to enforce Commission approved another No. 1 to the ISE/NASD Options-related broker-dealers’ compliance with the Amendment that replaced the Options- Sales Practice 17d–2 Plan.3 financial responsibility requirements. related Sale Practice Plan in its entirety Rule 17d–1 does not relieve an SRO I. Introduction and, among other things, allocated from its obligation to examine a regulatory responsibilities among all the Section 19(g)(1) of the Act,4 among common member for compliance with participants in a more equitable manner other things, requires every national its own rules and provisions of the (‘‘Revised Options-related Sales Practice securities exchange and registered federal securities laws governing 17d–2 Plan’’).12 The current proposed securities association (‘‘SRO’’) to matters other than financial plan between ISE and NASD transfers to examine for and enforce compliance by, responsibility, including sales practices, the NASD all the regulatory its members and persons associated and trading activities and practices. responsibilities for each common with its members with the Act, the rules To address regulatory duplication in member allocated to the ISE under the and regulations thereunder, and the these other areas, on October 28, 1976, Revised Options-related Sales Practice SRO’s own rules, unless the SRO is the Commission adopted Rule 17d–2 17d–2 Plan. relieved of this responsibility pursuant under the Act.9 This rule permits SROs The text of the proposed ISE/NASD 5 to section 17(d) or 19(g)(2) of the Act. to propose joint plans allocating Options-related Sales Practice 17d–2 Without this relief, the statutory regulatory responsibilities with respect Plan is as follows: obligation of each individual SRO could to common members. Under paragraph result in a pattern of multiple (c) of Rule 17d–2, the Commission may Agreement Between the National examinations of broker-dealers that declare such a plan effective if, after Association of Securities Dealers, Inc., maintain memberships in more than one providing for notice and comment, it and the International Securities SRO (‘‘common members’’). This determines that the plan is necessary or Exchange, Pursuant to Section 17(d) regulatory duplication would add appropriate in the public interest and and Rule 17d–2 unnecessary expenses for common for the protection of investors, to foster This agreement (Agreement) pursuant members and their SROs. cooperation and coordination among the to section 17(d) of the Securities Section 17(d)(1) of the Act was SROs, to remove impediments to and Exchange Act of 1934 (Act) and Rule intended, in part, to eliminate foster the development of a national 17d–2 thereunder is by and between the unnecessary multiple examinations and market system and a national clearance 6 National Association of Securities regulatory duplication. With respect to and settlement system, and in Dealers, Inc. (NASD), a Delaware a common member, section 17(d)(1) conformity with the factors set forth in Corporation registered as a national authorizes the Commission, by rule or section 17(d) of the Act. Commission securities association subject to order, to relieve an SRO of the approval of a plan filed pursuant to Rule regulation by the Securities and responsibility to receive regulatory 17d–2 relieves an SRO of those Exchange Commission under the Act, reports, to examine for and enforce regulatory responsibilities allocated by whose principal offices are located at compliance with applicable statutes, the plan to another SRO. 1735 K Street, NW., Washington, DC rules and regulations, or to perform 20006, and the International Securities other specified regulatory functions. II. The Plan To implement section 17(d)(1), the On September 8, 1983, the Exchange, Inc. (ISE), a New York Commission adopted two rules: Rule Commission approved a plan for corporation whose principal place of 17d–1 and Rule 17d–2 under the Act.7 allocating regulatory responsibility business is located at 60 Broad Street, Rule 17d–1, adopted on April 20, 1976,8 pursuant to Rule 17d–2 for certain New York, NY 10004 (NASD and ISE authorizes the Commission to name a options-related sale practice matters are collectively referred to as Parties). single SRO as the designated examining (‘‘Options-related Sales Practice 17d–2 In consideration of the mutual authority (‘‘DEA’’) to examine common Plan’’).10 Under this plan, the SRO to covenants contained hereafter, and in members for compliance with financial whom a firm was designated was consideration of other valuable responsibility requirements imposed by responsible for conducting options- consideration, NASD and ISE hereby the Act, or by Commission or SRO rules. related sales practice examinations and agree as follows: When an SRO has been named as a investigating options-related customer 1. Term. This Agreement shall be common member’s DEA, all other SROs complaints and terminations for cause effective on the date the SEC approves to which the common member belongs of associated persons; the designated this Agreement under section 17(d) SRO was also known as the firm’s (Effective Date). 3 See letter from Michael Simon, Senior Vice ‘‘Designated Options Examining 2. Entities. ISE is a self-regulatory President and General Counsel, ISE, to Nancy Authority’’ or ‘‘DOEA.’’ Under the organization (SRO), as defined in Sanow, Assistant Director, Division of Market Options-related Sales Practice Plan, section 3(a)(26) of the Act. NASD is a Regulation, SEC, dated April 30, 2003. Amendment registered securities association, as No. 1 deleted paragraphs 5.1 and 5.2 of the ISE/ only the AMEX, CBOE, NASD and NASD Options-related Sale Practice 17d–2 Plan NYSE were DOEAs. On May 23, 2000, defined in section 15A of the Act and filed on January 7, 2003. an SRO, and is responsible for fulfilling 4 15 U.S.C. 78s(g)(1). 9 Securities Exchange Act Release No. 12935, 41 5 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2). FR 49093 (November 8, 1976). 11 Securities Exchange Act Release No. 42816 6 15 U.S.C. 78q(d). See also Securities Acts 10 Securities Exchange Act Release No. 20158, 48 (May 23, 2000); 65 FR 34759 (May 31, 2000). This Amendments of 1975, Report of the Senate FR 41256 (September 14, 1983). The participation Amendment also updated the corporate names of Committee on Banking, Housing, and Urban Affairs in this plan were the American Stock Exchange LLC the AMEX, the Midwest Stock Exchange (now to Accompany S. 249, S. Rep. No. 94–75, 94th (‘‘AMEX’’) the Chicago Board Options Exchange, known as the Chicago Stock Exchange, Inc.), and Cong., 1st Session. 32 (1975). Inc. (‘‘CBOE’’), the Midwest Stock Exchange, Inc., the Pacific Stock Exchange Incorporated (now 7 17 CFR 240.17d–1 and 17 CFR 240.17d–2. NASD, the New York Stock Exchange, Inc. known as the Pacific Exchange, Inc.). 8 Securities Exchange Act Release No. 12352, 41 (‘‘NYSE’’), the Pacific Stock Exchange, Inc. and the 12 Securities Exchange Act Release No. 46800, 67 FR 18809 (May 3, 1976). Philadelphia Stock Exchange, Inc. FR 69774 (November 19, 2002).

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certain regulatory obligations and governors, officers, employees and inure to the benefit of and shall be performing certain regulatory functions agents, will be liable to the other Party binding upon the Parties hereto and under the Act. and its directors, governors, officers, their respective legal representatives, 3. Members. The Parties have brokers employees and agents for liability, loss successors, and assigns. Nothing in this or dealers as their members, and some or damage resulting from any delays, Agreement, expressed or implied, is of the brokers or dealers are members of inaccuracies, errors or omissions with intended to or shall (i) confer on any both Parties (hereinafter, members of respect to its performing or failing to person other than the Parties hereto, or both Parties and persons associated with perform regulatory responsibilities, their respective legal representatives, such members are referred to obligations, or functions, except in successors, and assigns, any rights, collectively as Common Members). Each instances of gross negligence, willful remedies, obligations or liabilities under Party hereto has regulatory obligations misconduct or reckless disregard, or or by reason of this Agreement, (ii) under the Act and the rules of the Party breach of confidentially. Both Parties constitute the Parties hereto partners or for Common Members. understand and agree with each other participants in a joint venture, or (iii) 4. Structure. The Parties are that the regulatory responsibilities are appoint one Party the agent of the other. participants in a multiparty options being performed on a good faith and 13. Assignment. Neither Party may 17d–2 Agreement by and among the best effort basis and no warranties, assign the Agreement without the prior American Stock Exchange LLC, the express or implied, are made by either written consent of the other Party, Chicago Board Options Exchange, Inc., Party to the other Party with respect to which consent shall not be ISE, NASD, the New York Stock any of the responsibilities to be unreasonably withheld, conditioned or Exchange, the Pacific Exchange Inc., performed by either of these Parties delayed, provided, however, that either and the Philadelphia Stock Exchange hereunder. Party may assign the Agreement to a (‘‘Multiparty 17d–2 Agreement’’). Under 8. Arbitration. Any claim, dispute, corporation controlling, controlled by or the Multiparty 17d–2 Agreement, ISE is controversy or other matter in question under common control with the assigned as Designated Options with regard to the Agreement that assigning Party without the prior Examining Authority (‘‘DOEA’’) for cannot be resolved by negotiation written consent of the other Party. certain Common Members. Under the between the Parties shall be submitted 14. Severability. Any term or Multiparty 17d–2 Agreement, a DOEA to arbitration in accordance with the provision of this Agreement which is has examination and enforcement rules and regulations of the American invalid or unenforceable in any responsibilities (‘‘Regulatory Arbitration Association, provided, jurisdiction shall, as to such Responsibilities’’) relating to however, that (1) submission of any jurisdiction, be ineffective to the extent compliance by a Common Member and such claim, dispute, controversy or of such invalidity or unenforceability persons associated with such Common other matter in question to the without rendering invalid or Member for certain Common Rules (as American Arbitration Association shall unenforceable the remaining terms and defined in the Multiparty 17d–2 not be required if the Parties agree upon provisions of this Agreement or Agreement) insofar as they apply to the another arbitration forum, (2) the conduct of accounts for listed options affecting the validity or enforceability of foregoing shall not preclude either Party any of the terms or provisions of this and index options (the ‘‘Covered from pursuing all available Rules’’). Agreement in any other jurisdiction. administrative, judicial or other 15. Termination. 5. Services. NASD shall perform all remedies for infringement of a registered (a) Termination for Cause. Either the Regulatory Responsibilities (as set patent, trademark, service mark or Party may terminate the Agreement due forth in the Multiparty 17d–2 copyright, (3) the Parties shall not to breach by the other Party. The Party Agreement, as amended (attached hereto submit claims for punitive damages and aggrieved by the breach shall give as Exhibit 1–A)), for each Common do hereby waive any right to the same, written notice to the other Party that the Member that is allocated to ISE under and (4) the arbitrators shall not be Agreement shall be terminated not the Multiparty 17d–2 Agreement as if authorized to award punitive damages. NASD were the Designated Options 9. SEC Approval. earlier than sixty (60) calendar days Examining Authority (the ‘‘Covered (a) The Parties agree to promptly file from receipt of the notice, and such Member’’). this Agreement with the SEC for its notice shall state with specificity the 6. Fees. NASD will charge ISE and ISE review and approval. grounds for termination. If the breach is shall pay NASD a fee for services (b) If approved by the SEC, the Parties curable, the Party in breach will have performed under this Agreement. In the agree to send out a joint notice to the right to cure such breach prior to the event that NASD raises its rates in Covered Members to announce this date stated for termination, and, should excess of what has been agreed to by the Agreement. the breach be cured and written notice parties, NASD will provide ISE with 10. Special or Cause Examinations. of such cure served on the aggrieved ninety (90) days advance written notice Nothing in this Agreement shall restrict Party prior to the date stated for of its intent. ISE will then have thirty or in any way encumber the right of a termination, such notice shall vacate the (30) days from the date of such Party to conduct special or cause notice to terminate. notification to inform NASD that ISE examinations of Covered Members as (b) Termination for Convenience. will perform for itself the applicable either Party, in its sole discretion, shall Either Party may terminate the regulatory responsibilities allocated deem appropriate or necessary. Agreement for any other reason by NASD under the Agreement or enter 11. Definitions. Unless otherwise giving written notice to the other Party into an agreement pursuant to defined in this Agreement, or unless the that the Agreement will terminate not applicable rules of the SEC with respect context otherwise requires, the terms less than ninety (90) days from receipt to the performance of such used in this Agreement shall have the of the notice. The notice will specify the responsibilities. ISE’s failure to pay for same meaning as they have under the basis for termination. ISE will pay services performed is a material breach Act and the rules and regulations NASD the amount due for authorized of this Agreement. thereunder. work and expenses incurred in 7. Indemnification. Neither Party, 12. Subsequent Parties; Limited completion of such authorized work as including respective directors, Relationship. This Agreement shall of the effective date of termination.

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16. General obligations. The Parties the jurisdiction of the courts by or for SECURITIES AND EXCHANGE agree to perform all acts and execute all the State of New York in connection COMMISSION supplementary instruments or with any action or proceeding relating documents that may be reasonably to this Agreement. [Release No. 34–47858; File No. SR–Amex– 2003–40] necessary or desirable to carry out the 20. Survival of Provisions. Provisions provisions of this Agreement. intended by their terms or context to Self-Regulatory Organizations; Notice 17. Liaison and Notices. All questions survive and continue notwithstanding of Filing and Immediate Effectiveness regarding the implementation of this of Proposed Rule Change by the Agreement shall be directed to the delivery of the Services by NASD, the payment of the price by ISE, and any American Stock Exchange LLC to persons identified in subsections (a) and Extend the Suspension of Transaction (b), as applicable, below. All notices and expiration of this Agreement shall survive and continue, including but not Charges for Certain Exchange-Traded other communications required or Funds permitted to be given under this limited to, the items referred to in Agreement shall be in writing and shall Sections 6, 8, and 9. May 14, 2003. be deemed to have been duly given III. Solicitation of Comments Pursuant to section 19(b)(1) of the upon (i) actual receipt by the notified Securities Exchange Act of 1934 Party or (ii) constructive receipt (as of In order to assist the Commission in (‘‘Act’’),1 and Rule 19b-4 thereunder,2 the date marked on the return receipt) determining whether to approve this notice is hereby given that on May 1, if sent by certified or registered mail, plan and to relieve the ISE of those 2003, the American Stock Exchange LLC return receipt requested, to the responsibilities designated to the NASD, (‘‘Amex’’) filed with the Securities and following addresses: interested persons are invited to submit Exchange Commission (‘‘SEC’’ or (a) If to NASD: written data, views, and arguments ‘‘Commission’’) the proposed rule NASD, 9509 Key West Avenue, concerning the foregoing. Persons change as described in Items I, II, and Rockville, Maryland 20850, Attn: making written submission should file III below, which Items have been Jim Price. six copies thereof with the Secretary, prepared by the Exchange. The With, if a notice of breach or default, a Securities and Exchange Commission, Commission is publishing this notice to required copy to: 450 Fifth Street NW., Washington, DC solicit comments on the proposed rule National Association of Securities change. Dealers, Inc., 1735 K Street, NW., 20549–0609. Copies of the submission, Washington, DC 20006, Attn: Office all subsequent amendments, all written I. Self-Regulatory Organization’s of General Counsel—Contracts statements with respect to the proposed Statement of the Terms of Substance of Group. plan that are filed with the Commission, the Proposed Rule Change (b) If to ISE: and all written communications relating The Amex proposes to extend until International Securities Exchange, to the proposed plan between the May 31, 2003 the suspension of Inc., 60 Broad Street, 26th Floor, Commission and any person, other than Exchange transaction charges for New York, NY 10004, Attn: Legal those that may be withheld from the specialist, Registered Trader, and Department. public in accordance with the broker-dealer orders for the iShares With, if a notice of breach or default, a provisions of 5 U.S.C. 552, will be Lehman 1–3 year Treasury Bond Fund; required copy to: available for inspection and copying in iShares Lehman 7–10 year Treasury Same address as above. the Commission’s Public Reference Bond Fund; Treasury 10 FITR ETF; 18. Regulatory responsibility. Room. Copies of such filing will also be Treasury 5 FITR ETF; Treasury 2 FITR Pursuant to section 17(d)(1)(A) of the available for inspection and copying at ETF; and Treasury 1 FITR ETF. Act, and Rule 17d–2 thereunder, NASD the principal office of ISE. All Proposed new language is italicized; and ISE jointly request the SEC, upon its submissions should refer to File No. S7– proposed deletions are in [brackets]. approval of this Agreement, to relieve 966 and should be submitted by June * * * * * ISE of any and all responsibilities with 13, 2003. AMEX Equity Fee Schedule respect to the matters performed by For the Commission, by the Division NASD pursuant to this Agreement for of Market Regulation, pursuant to I. Transaction Charges No change. purposes of sections 17(d) and 19(g) of delegated authority.13 the Act. II. Regulatory Fee 19. Governing Law. This Agreement J. Lynn Taylor, No Change. shall be deemed to have been made in Assistant Secretary. Notes: the State of New York and shall be [FR Doc. 03–12730 Filed 5–20–03; 8:45 am] 1. and 2. No change. construed and enforced in accordance 3. Customer transaction charges for with the law of the state of New York, BILLING CODE 8010–01–M the following Portfolio Depositary without reference to principles of Receipts, Index Fund Shares, and conflicts of laws thereof. Each of NASD Trust Issued Receipts have been and ISE hereby consents to submit to suspended:

DIA—DIAMONDS  BHH-B2B Internet HOLDRsTM QQQ—Nasdaq-100  Index Tracking Stock BBH-Biotech HOLDRs SPY—SPDR  BDH-Broadband HOLDRs IVV—iShares S&P 500 EKH-Europe 2001 HOLDRs MDY—MidCap SPDRs IAH-Internet Architecture HOLDRs XLY—Select Sector SPDR-Consumer Discretionary HHH-Internet HOLDRs IIH-Internet Infrastructure HOLDRs XLP-Select Sector SPDR-Consumer Staples MKH-Market 2000+ HOLDRs XLE-Select Sector SPDR-Energy OIH-Oil Service HOLDRs

13 17 CFR 200.30–3(a)(34). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4.

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XLF-Select Sector SPDR-Financial PPH-Pharmaceutical HOLDRs XLV-Select Sector SPDR-Health Care RKH-Regional Bank HOLDRs XLI-Select Sector SPDR-Industrial RTH-Retail HOLDRs XLB-Select Sector SPDR-Materials SMH-Semiconductor HOLDRs XLK-Select Sector SPDR-Technology SWH-Software HOLDRs XLU-Select Sector SPDR-Utilities TTH-Telecom HOLDRs UTH-Utilities HOLDRs WMH-Wireless HOLDRs SHY-iShares Lehman 1–3 Year Treasury Bond Fund IEF-iShares Lehman 7–10 Year Treasury Bond Fund TLT-iShares Lehman 20+ Year Treasury Bond Fund LQD-iShares GS $ InvesTop Corporate Bond Fund TFT—Treasury 1 FITR ETF TOU—Treasury 2 FITR ETF TFI—Treasury 5 FITR ETF TTE—Treasury 10 FITR ETF Customer transaction charges for the December 13, 2002,4 January 31, 2003,5 III. Date of Effectiveness of the iShares S&P 100 Index Fund are $.0015 February 28, 2003,6 March 31, 2003,7 Proposed Rule Change and Timing for per share ($.15 per 100 shares), capped and April 30, 2003.8 Commission Action at $100 per trade. The Exchange believes a suspension The foregoing rule change has become Until [April 30] May 31, 2003, of fees for these securities is appropriate effective pursuant to section 19(b)(3)(A) transaction charges also have been to enhance the competitiveness of of the Act 11 and Rule 19b–4(f)(6)12 suspended in SHY, IEF, TFT, TOU, TFI executions in these securities on the thereunder because the proposal: (i) and TTE for specialist, Registered Amex. The Exchange will reassess the Does not significantly affect the fee suspension as appropriate, and will Trader and broker dealer orders. protection of investors or the public file any modification to the fee interest; (ii) does not impose any * * * * * suspension with the Commission significant burden on competition; and II. Self-Regulatory Organization’s pursuant to section 19(b)(3)(A) of the (iii) does not become operative prior to Statement of the Purpose of, and 1934 Act. 30 days after the date of filing or such Statutory Basis for, the Proposed Rule 2. Statutory Basis shorter time as the Commission may Change designate if consistent with the The Exchange believes that the protection of investors and the public In its filing with the Commission, the proposed rule change is consistent with interest; provided that the Exchange has Amex included statements concerning section 6(b) of the Act 9 in general, and given the Commission notice of its the purpose of and basis for the furthers the objectives of section intent to file the proposed rule change, proposed rule change and discussed any 6(b)(4)10 in particular, in that it provides along with a brief description and text comments it received on the proposed for the equitable allocation of reasonable of the proposed rule change, at least five rule change. The text of these statements dues, fees and other charges among its business days prior to the date of filing may be examined at the places specified members and other persons using its of the proposed rule change, or such short time as designated by the in Item IV below. The Exchange has facilities. Commission. At any time within 60 prepared summaries, set forth in B. Self-Regulatory Organization’s days of the filing of such proposed rule Sections A, B, and C below, of the most Statement on Burden on Competition change, the Commission may summarily significant aspects of such statements. The Exchange does not believe that abrogate such rule change if it appears A. Self-Regulatory Organization’s the proposed rule change will impose to the Commission that such action is Statement of the Purpose of, and any burden on competition. necessary or appropriate in the public interest, for the protection of investors Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s Change or otherwise in furtherance of the Statement on Comments on the purposes of the Act. 1. Purpose Proposed Rule Change Received From The Amex has requested that the Members, Participants or Others Commission waive the five-day pre- The Exchange is extending until May The Exchange has neither solicited filing notice and the 30-day operative 31, 2003 the suspension of transaction nor received comments on the proposed delay. The Commission believes that charges in iShares Lehman 1–3 year rule change. waiving the five-day pre-filing notice Treasury Bond Fund (Symbol: SHY); and the 30-day operative delay is iShares Lehman 7–10 year Treasury 4 See Securities Exchange Act Release No. 46996 consistent with the protection of Bond Fund (Symbol: IEF); Treasury 10 (December 13, 2002), 67 FR 78264 (December 23, investors and the public interest. The FITR ETF (Symbol: TTE); Treasury 5 2002) (SR–Amex–2002–98). Commission notes that fee suspensions FITR ETF (TFI); Treasury 2 FITR ETF 5 See Securities Exchange Act Release No. 47141 for the exchange-traded funds that are (January 8, 2003), 68 FR 2090 (January 15, 2003) the subject of this filing have been (TOU); and Treasury 1 FITR ETF (TFT) (SR–Amex–2002–115). 13 for specialist, Registered Trader and 6 See Securities Exchange Act Release No. 47361 previously filed with the Commission. broker-dealer orders. The Exchange (February 13, 2003), 68 FR 8534 (February 21, 2003) Further, extension of the fee suspension previously filed a suspension in such (SR–Amex–2003–04). for specialist, Registered Trader, and 7 charges until November 30, 2002,3 See Securities Exchange Act Release No. 47455 broker-dealer orders will permit the fee (March 6, 2003), 68 FR 12111 (March 13, 2003) (SR– suspensions to continue uninterrupted. Amex–2003–15). 8 See Securities Exchange Act Release No. 47668 For these reasons, the Commission (April 11, 2003), 68 FR 19241 (April 18, 2003) (SR– 3 See Securities Exchange Act Release No. 46765 Amex–2003–22). 11 15 U.S.C. 78s(b)(3)(A). (November 1, 2002), 67 FR 68893 (November 13, 9 15 U.S.C. 78f(b). 12 17 CFR 240.19b–4(f)(6). 2002) (SR–Amex–2002–91). 10 15 U.S.C. 78f(b)(4). 13 See supra notes 3–8.

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designates the proposal to be effective 2003, the American Stock Exchange LLC requirements of the Securities Exchange and operative upon filing with the (‘‘Amex’’ or ‘‘Exchange’’) filed with the Act of 1934, and such failure has not Commission.14 Securities and Exchange Commission been corrected within 30 days after the (‘‘Commission’’) the proposed rule IV. Solicitation of Comments date the report was due to be filed. change as described in Items I, II, and 6. The issue, in the case of an Interested persons are invited to III below, which Items have been underlying security that is principally submit written data, views, and prepared by the Exchange. The traded on a national securities arguments concerning the foregoing, proposed rule change has been filed by including whether the proposed rule the Amex as a ‘‘non-controversial’’ rule exchange, is delisted from trading on change is consistent with the Act. change under Rule 19b–4(f)(6) under the that exchange and neither meets NMS Persons making written submissions Act.3 The Commission is publishing this criteria nor is traded through the should file six copies thereof with the notice to solicit comments on the facilities of a national securities Secretary, Securities and Exchange proposed rule change from interested association, or the issue, in the case of Commission, 450 Fifth Street, NW., persons. an underlying security that is Washington, DC 20549–0609. Copies of principally traded through the facilities the submission, all subsequent I. Self-Regulatory Organization’s of a national securities association, is no amendments, all written statements Statement of the Terms of Substance of longer designated as an NMS security. with respect to the proposed rule the Proposed Rule Change 7. If an underlying security is change that are filed with the The Amex proposes to amend approved for options listing and trading Commission, and all written Exchange Rule 916, which governs the communications relating to the under the provisions of Commentary .05 withdrawal of approval for securities of Rule 915, the trading volume and proposed rule change between the underlying options traded on the price history of the Original Security (as Commission and any person, other than Exchange. Below is the text of the therein defined) prior to but not after those that may be withheld from the proposed rule change. Proposed new the commencement of trading in the public in accordance with the language is in italics. provisions of 5 U.S.C. 552, will be Restructured Security (as therein * * * * * available for inspection and copying at defined), including ‘‘when issued’’ Rule 916. Withdrawal of Approval of the Commission’s Public Reference trading, may be taken into account in Underlying Securities Room. Copies of such filing will also be determining whether the trading volume No Change available for inspection and copying at and market price requirements of Commentary. the principal office of the Exchange. All paragraphs 3. and 4. of the Commentary submissions should refer to File No. 01 The Board of Governors has .01 are satisfied, provided however, that established guidelines to be considered SR–Amex–2003–40 and should be in the case of a Restructured Security by the Exchange in determining whether submitted by June 11, 2003. approved for options listing and trading an underlying security previously For the Commission, by the Division of under paragraph (d) of Commentary .05 approved for Exchange option Market Regulation, pursuant to delegated under Rule 915, such trading volume authority.15 transactions no longer meets its requirements for the continuance of requirements must be satisfied based on J. Lynn Taylor, the trading volume history of the Assistant Secretary. such approval. Absent exceptional circumstances, with respect to items 1, Restructured Security. [FR Doc. 03–12690 Filed 5–20–03; 8:45 am] 2, or 3 listed below, an underlying .02–.09 No Change BILLING CODE 8010–01–P security will not be deemed to meet the .10 In determining whether any of Exchange’s requirements for continued the events specified in Commentary SECURITIES AND EXCHANGE approval whenever any of the following .01(1) or (2) of this Rule have occurred, occur: COMMISSION the Exchange will monitor on a daily 1. There are fewer than 6,300,000 basis news sources for information of [Release No. 34–47862; File No. SR–Amex– shares of the underlying security held corporate actions, including stock splits, 2003–38] by persons other than those who are mergers and acquisitions, distribution of Self-Regulatory Organizations; Notice required to report their security holdings under section 16(a) of the special cash dividends, of Filing and Immediate Effectiveness recapitalizations, and stock buy-backs. of Proposed Rule Change by the Securities Exchange Act of 1934. 2. There are fewer than 1,600 holders If a corporate action indicates that an American Stock Exchange LLC underlying security no longer meets the Relating to the Withdrawal of Approval of the underlying security. 3. The trading volume (in all markets Exchange’s requirements for continued for Securities Underlying Options approval under Commentary .01 (1) or Traded on the Exchange in which the underlying security is traded) was less than 1,800,000 shares (2) of this Rule, the Exchange will not May 14, 2003. in the preceding twelve months. open additional series of option Pursuant to section 19(b)(1) of the 4. Subject to Commentary .02 below, contracts of the class covering the Securities Exchange Act of 1934 the market price per share of the underlying security. If, however, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 underlying security closed below $3 on information of a corporate action does notice is hereby given that on May 1, the previous trading day as measured by not indicate that any of the events the highest closing price reported in the specified in Commentary .01(1) or (2) 14 For purposes only of accelerating the operative primary market (as that term is defined have occurred, the Exchange shall date of this proposal, the Commission has in Rule 900(26)) in which the consider the events specified in considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 underlying security traded. Commentary .01(1) and (2) to have been U.S.C. 78c(f). 5. The issuer has failed to make satisfied. 15 timely reports as required by applicable 17 CFR 200.30–3(a)(12). * * * * * 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6).

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II. Self-Regulatory Organization’s dividends, recapitalizations, and stock which it was filed, or such shorter time Statement of the Purpose of, and buy backs. If a corporate action as the Commission may designate if Statutory Basis for, the Proposed Rule indicates that an underlying security no consistent with the protection of Change longer meets the Exchange’s investors and the public interest, and In its filing with the Commission, the requirements for continued approval the exchange provided the Commission Exchange included statements under Commentary .01(1) or (2) to with written notice of its intent to file concerning the purpose of and basis for Exchange Rule 916, the Exchange would the proposed rule change at least five the proposed rule change and discussed not open additional series of option business days prior to the date of filing 9 any comments it received on the contracts of the class covering the of the proposed rule change, it has proposed rule change. The text of these underlying security. If, however, become effective pursuant to section 10 statements may be examined at the information of a corporate action does 19(b)(3)(A) of the Act and Rule 19b– 11 places specified in Item IV below. The not indicate that any of the events 4(f)(6) thereunder. Exchange has prepared summaries, set specified in Commentary .01(1) or (2) to The Amex has requested that the forth in sections A, B, and C below, of Exchange Rule 916 have occurred, the Commission waive the usual 30-day the most significant parts of such Exchange shall consider the events pre-operative waiting period. The statements. specified in Commentary .01(1) and (2) Commission notes that this proposal is to have been satisfied.6 the same in all material respects to A. Self-Regulatory Organization’s another proposal submitted by the Statement of the Purpose of, and 2. Statutory Basis Chicago Board Options Exchange, Inc. Statutory Basis for, the Proposed Rule The Exchange believes that the (‘‘CBOE’’) and recently approved by the Change proposed rule change is consistent with Commission.12 As a result, the 7 1. Purpose section 6(b) of the Act in general, and Commission believes that it is furthers the objectives of Section 6(b)(5) consistent with the protection of Exchange Rule 916 sets forth the of the Act 8 in particular, in that it is investors and the public interest to guidelines to be considered by the designed to prevent fraudulent and accelerate the operative date because the Exchange in determining whether an manipulative acts and practices, to proposal raises no new regulatory underlying security previously promote just and equitable principles of issues. Therefore, the Commission approved for Exchange option trade, to foster cooperation and designates that the proposal become transactions no longer meets its coordination with persons engaged in operative immediately.13 requirements for the continuance of facilitating transactions in securities, to At any time within 60 days of the such approval. Specifically, remove impediments to and perfect the filing of this proposed rule change, the Commentary .01(1) to Exchange Rule mechanism of a free and open market Commission may summarily abrogate 916 provides that, absent exceptional and a national market system. such rule change if it appears to the circumstances, the Exchange may not Commission that such action is list additional series on an option class B. Self-Regulatory Organization’s necessary or appropriate in the public if there are fewer than 6,300,000 shares Statement on Burden on Competition interest, for the protection of investors, of the underlying security held by The Exchange believes that the or otherwise in furtherance of the persons other than those who are proposed rule change will impose no purposes of the Act. required to report their security burden on competition. holdings under section 16(a) of Act 4 IV. Solicitation of Comments (the ‘‘float’’ requirement). Commentary C. Self-Regulatory Organization’s Interested persons are invited to .01(2) to Exchange Rule 916 provides Statement on Comments on the submit written data, views, and that, absent exceptional circumstances, Proposed Rule Change Received From arguments concerning the foregoing, the Exchange may not list additional Members, Participants, or Others including whether the proposed rule series on an option class if there are Written comments were neither change is consistent with the Act. fewer than 1,600 holders of the solicited nor received with respect to Persons making written submissions underlying security (the ‘‘holders’’ the proposed rule change. should file six copies thereof with the requirement). The Exchange is now Secretary, Securities and Exchange proposing to add Commentary .10 to III. Date of Effectiveness of the Commission, 450 Fifth Street, NW., Exchange Rule 916 to clarify the manner Proposed Rule Change and Timing for Washington, DC 20549–0609. Copies of in which the Exchange determines Commission Action the submission, all subsequent whether the ‘‘float’’ and ‘‘holders’’ Because, the foregoing proposed rule amendments, all written statements requirements found in Commentary .01 change (1) does not significantly affect with respect to the proposed rule to Exchange Rule 916 are met.5 the protection of investors or the public change that are filed with the The Exchange proposes to expressly interest; (2) does not impose any Commission, and all written state that in determining whether any of significant burden on competition; and communications relating to the the events specified in Commentary (3) by its terms, does not become proposed rule change between the .01(1) or (2) to Exchange Rule 916 have operative until 30 days from the date on occurred, the Exchange would monitor 9 See e-mail from Jeffrey P. Burns, Associate on a daily basis news sources for 6 The Exchange represents that existing General Counsel, Amex, to Nancy Sanow, Assistant information of corporate actions, Commentary .03 to Exchange Rule 916 would Director, Division of Market Regulation, Commission, dated April 15, 2003. including stock splits, mergers and continue to apply when the Exchange considers whether any of the events specified in Commentary 10 15 U.S.C. 78s(b)(3)(A). acquisitions, distribution of special cash .01 have occurred with respect to an underlying 11 17 CFR 240.19b–4(f)(6). security. Specifically, Commentary .03 to Exchange 12 See Securities Exchange Act Release No. 47400 4 15 U.S.C. 78p(a). Rule 916 provides that the Exchange shall (February 25, 2003), 68 FR 10286 (March 4, 2003). 5 Proposed Commentary .10 to Exchange Rule 916 ordinarily rely on information made publicly 13 For purposes only of accelerating the operative will clarify how the Exchange will determine available by the issuer and/or markets in which date of this proposal, the Commission has whether the float of an underlying security is less such security is traded. considered the proposed rule’s impact on than 6.3 million shares or the number of holders of 7 15 U.S.C. 78f(b). efficiency, competition, and capital formation. 15 the underlying security is fewer than 1,600. 8 15 U.S.C. 78f(b)(5). U.S.C. 78c(f).

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Commission and any person, other than proposed rule change and discussed any unless the participant instructs NSCC those that may be withheld from the comments it received on the proposed otherwise via an exemption. Other public in accordance with the rule change. The text of these statements deliveries (e.g., Night Deliver Orders provisions of 5 U.S.C. 552, will be may be examined at the places specified [‘‘NDOs’’]) along with authorized available for inspection and copying in in Item IV below. DTC has prepared institutional deliveries and CNS the Commission’s Public Reference summaries, set forth in sections (A), (B), deliveries are processed by DTC at Section. Copies of such filing will also and (C) below, of the most significant predefined times. All of these be available for inspection and copying aspects of these statements.2 transactions may pend (‘‘recycle’’) in the at the principal office of the Amex. All (A) Self-Regulatory Organization’s event of a position deficiency or a submissions should refer to File No. Statement of the Purpose of, and problem with system controls. Recycles SR–Amex–2003–38 and should be Statutory Basis for, the Proposed Rule are processed based on one of two submitted by June 11, 2003. Change recycle options; a ‘‘First In First Out’’ For the Commission, by the Division of The industry’s prolonged discussions process or a DTC preestablished recycle Market Regulation, pursuant to delegated of the development of a new matching queue. authority.14 model that promotes straight through Participants generally have sought J. Lynn Taylor, processing (‘‘STP’’) for institutional greater control over the processing of Assistant Secretary. transactions identified a series of their deliveries than these procedures [FR Doc. 03–12735 Filed 5–20–03; 8:45 am] deficiencies in the processing systems permit. Therefore, participants have 3 BILLING CODE 8010–01–P for settling those transactions. Industry built internal inventory management members, particularly members of the systems or adopted internal manual Securities Industry Association’s procedures that exempt deliveries from SECURITIES AND EXCHANGE Institutional Trade Processing automatic processing so that the COMMISSION Committee, pressed DTC to develop a participants can control the sequence series of capabilities to permit and timing of their deliveries. This has [Release No. 34–47826; File No. SR–DTC– 2002–19] participants to centrally manage their created an STP shortfall, caused the own settlements as a way of furthering industry to build redundant systems, Self-Regulatory Organizations; The STP in the settlement process itself. A and has increased the number of Depository Trust Company; Notice of working group under the Settlement reclaims. Filing of Proposed Rule Change to Advisory Board of The Depository Trust DTC is now seeking to allow a Establish an Inventory Management & Clearing Corporation (‘‘DTCC’’) participant to choose how it wants to System assisted in crafting the framework for authorize its deliveries. The key IMS. components of IMS include: May 9, 2003 Today, participants control the (1) New authorization capabilities Pursuant to section 19(b)(1) of the processing of their institutional (replacing the ANE system) which Securities Exchange Act of 1934 deliveries received from a matching participants can use to stage (‘‘Act’’),1 notice is hereby given that on utility (such as Omgeo’s TradeSuite transactions for automated settlement; December 19, 2002, The Depository system) through the Authorization and (2) A new ‘‘profiling’’ system which Trust Company (‘‘DTC’’) filed with the Exception system (‘‘ANE’’). ANE will will allow participants greater control Securities and Exchange Commission not send a delivery to the processing over the timing and order of their (‘‘Commission’’) the proposed rule system without an affirmative deliveries by transaction type and asset change as described in Items I, II, and authorization from the delivering class via predefined profiles to III below, which items have been participant. This affirmative eliminate today’s frequent direct prepared primarily by DTC. The authorization is given either on an item- intervention in the settlement process Commission is publishing this notice to by-item basis or through a ‘‘global’’ that inhibits STP; solicit comments on the proposed rule authorization. A participant can submit (3) Capabilities permitting the linkage change from interested parties. exceptions to explicitly withhold a of transactions so particular receive I. Self-Regulatory Organization’s delivery from processing. Conversely, transactions are associated with 4 Statement of the Terms of Substance of deliveries from the National Securities particular deliveries; and the Proposed Rule Change Clearing Corporation’s (‘‘NSCC’s’’) (4) Controls permitting the retention Continuous Net Settlement system of failed deliveries for the following DTC is seeking to establish an (‘‘CNS’’) are automatically processed settlement day eliminating participants’ Inventory Management System (‘‘IMS’’) need to reinput these instructions. which will provide new central control 2 The Commission has modified the text of the As a result of industry feedback, DTC capabilities for the settlement process summaries prepared by DTC. has designed IMS to permit including new capabilities for 3 The present U.S. system has evolved over time authorization and control of different transaction authorization and new in different ways for different instruments, transaction types (e.g., NDOs, etc.) controls for the management of pending participants, and marketplaces. While the current system has met the needs of the industry well, the within each asset class (e.g., equities) deliveries. result is an intricate web of processing steps that and to permit increased authorization II. Self-Regulatory Organization’s are not standardized and are quite complex and options. The creation of IMS also makes inflexible. Many participants manage their 5 Statement of the Purpose of, and processing with late-cycle interventions such as (a) possible a warehousing facility for Statutory Basis for, the Proposed Rule withholding or ‘‘exempting’’ trades from more Change automatic processes, subsequently intervening in 4 Such a linkage would permit customers to the system to reintroduce the transaction when they associate securities they expected to receive with In its filing with the Commission, are ready to process it and (b) reversing or specific securities they expected to deliver so that DTC included statements concerning ‘‘reclaiming’’ problem transactions before or after they no longer need to exempt a delivery until they the purpose of and basis for the settlement has occurred. These practices late in the receive providing the securities for it has been settlement cycle disrupt automated processing and processed. contribute to the incidence of fails, which creates 5 DTC’s current front-end edits do not permit a 14 17 CFR 200.30–3(a)(12). costs and risks for participants and for the system delivery to have a future settlement date. The 1 15 U.S.C. 78s(b)(1). as a whole. current NDO function only permits deliveries to

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future deliveries through the NDO continue to process their deliveries as Persons making written submissions function and the reintroduction of they do today. All IMS features will be should file six copies thereof with the dropped deliveries.6 At the participant’s optional, and participants will be able to Secretary, Securities and Exchange option, the system could require migrate to any or all features they deem Commission, 450 Fifth Street, NW., reauthorization of reintroduced ‘‘drops’’ valuable. As a result of this new system, Washington, DC 20549–0609. before they are resubmitted for participants will be able to centrally Comments may also be submitted processing on the following day. manage their own settlements and electronically at the following e-mail If approved by the Commission, IMS achieve higher levels of straight through address: [email protected]. All will be implemented in two phases. processing. comment letters should refer to File No. Three initiatives, (1) the replacement of DTC believes that the proposed rule SR–DTC–2002–19. This file number ANE, (2) warehousing, and (3) the change is consistent with the should be included on the subject line reintroduction of dropped deliveries, requirements of section 17A of the Act 9 if e-mail is used. To help us process and will be available in Phase I. Phase I is and the rules and regulations review comments more efficiently, scheduled to begin in July 2003. Phase thereunder applicable to DTC because it comments should be sent in hardcopy II, scheduled to be implemented in will permit the accurate clearance and or by e-mail but not by both methods. December 2003, will create an optional settlement of securities by allowing Copies of the submission, all subsequent customized delivery and recycle participants to centrally manage their amendments, all written statements profile.7 own settlements and control the order with respect to the proposed rule A participant can choose to authorize and timing of their deliveries earlier in change that are filed with the its deliveries either actively or the settlement cycle. Commission, and all written passively. In the active mode, deliveries communications relating to the will not be processed unless an (B) Self-Regulatory Organization’s proposed rule change between the authorization is sent. Authorizations Statement on Burden on Competition Commission and any person, other than and exemptions can be on a trade-for- DTC does not believe that the those that may be withheld from the trade basis or a global basis. Global proposed rule change will impose any public in accordance with the authorization or exemption capabilities burden on competition that is not provisions of 5 U.S.C. 552, will be will also be available via the Participant necessary or appropriate in furtherance available for inspection and copying in Browser System display screens. The of the purposes of the Act, in the public the Commission’s Public Reference new passive mode authorization option interest, and for the protection of Section, 450 Fifth Street, NW., will immediately authorize a delivery investors. Washington, DC 20549. Copies of such when it is received and process it on its filing also will be available for settlement day unless the participant (C) Self-Regulatory Organization’s inspection and copying at the principal exempts it. Statement on Comments on the office of DTC. Recognizing the need for flexibility Proposed Rule Change Received From All submissions should refer to File and options, a participant will be able Members, Participants or Others No. SR–DTC–2002–19 and should be to create authorization profiles for the DTC has discussed this rule change submitted by June 11, 2003. following asset classes: equity, proposal in its current form with For the Commission by the Division of municipal debt, corporate debt, and various DTC participants and industry Market Regulation, pursuant to delegated money market instruments. Within each groups, a number of whom have worked authority.10 asset class, a participant can choose closely in developing the proposed IMS J. Lynn Taylor, which authorization mode it would like system. Assistant Secretary. applied as its default for the different [FR Doc. 03–12731 Filed 5–20–03; 8:45 am] transaction types. 8 For example, for the III. Date of Effectiveness of the BILLING CODE 8010–01–P asset class equities, a participant could Proposed Rule Change and Timing for choose to use active mode authorization Commission Action for matched institutional deliveries and Within thirty-five days of the date of SECURITIES AND EXCHANGE passive mode authorization for CNS publication of this notice in the Federal COMMISSION deliveries. Register or within such longer period (i) Participants would not be required to as the Commission may designate up to [Release No. 34–47875; File No. SR–DTC– make systemic changes and can ninety days of such date if it finds such 2003–08] longer period to be appropriate and Self-Regulatory Organizations; the have a future settlement date of the next business publishes its reasons for so finding or Depository Trust Company; Notice of day or earlier. The IMS warehouse feature will store (ii) as to which the self-regulatory deliveries on its database and direct these deliveries Filing of a Proposed Rule Change into the processing system as NDOs that are due to organization consents, the Commission Relating to Rule 4A, Pledge of Property settle on the appropriate settlement day. will: to the Corporation and Its Lenders 6 ‘‘Dropped’’ deliveries are deliveries from the (A) By order approve such proposed previous day that were incomplete. Under this new rule change or May 15, 2003. option, ‘‘drops’’ would be automatically retained (B) institute proceedings to determine Pursuant to Section 19(b)(1) of the and reintroduced into the system for processing on the following day. whether the proposed rule change Securities Exchange Act of 1934 1 7 DTC will file another proposed rule change for should be disapproved. (‘‘Act’’), notice is hereby given that on Commission approval before implementing Phase May 6, 2003, The Depository Trust IV. Solicitation of Comments II. Company (‘‘DTC’’) filed with the 8 In Phase I, authorization modes can be assigned Interested persons are invited to Securities and Exchange Commission for the following transaction types: submit written data, views, and (‘‘Commission’’) the proposed rule (1) Institutional deliveries from a matching utility; arguments concerning the foregoing, change as described in Items I, II, and (2) CNS; including whether the proposed rule III below, which items have been (3) NDOs; change is consistent with the Act. (4) Reintroduced drops; and 10 17 CFR 200.30–3(a)(12). (5) ACATS auto deliveries. 9 15 U.S.C. 78q–1. 1 15 U.S.C. 78s(b)(1).

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prepared primarily by DTC. The additions, and (iii) preferred stock. This (C) Self-Regulatory Organization’s Commission is publishing this notice to section provides that any such loan to Statement on Comments on the solicit comments on the proposed rule DTC may be on such terms as DTC, in Proposed Rule Change Received From change from interested persons. its discretion, may deem necessary or Members, Participants, or Others I. Self-Regulatory Organization’s advisable and may be in amounts Comments from DTC participants or Statement of the Terms of Substance of greater and extend for time periods others have not been solicited or the Proposed Rule Change longer than the obligations of any received on the proposed rule change. participant in DTC. It further provides The proposed rule change would III. Date of Effectiveness of the that no lender shall be obligated to modify DTC’s Rule 4A, Section 1, and Proposed Rule Change and Timing for return any pledged collateral prior to would make a technical correction to Commission Action the definition of the term pledge in the full repayment of any loan secured thereby. Within thirty-five days of the date of DTC’s Rule 1. publication of this notice in the Federal DTC is proposing to add language to II. Self-Regulatory Organization’s Register or within such longer period (i) Section 1 of Rule 4A to make clear what Statement of the Purpose of, and as the Commission may designate up to is implicit in the current rule that while Statutory Basis for, the Proposed Rule ninety days of such date if it finds such Change there remain any outstanding longer period to be appropriate and obligations under any such loan, no publishes its reasons for so finding or In its filing with the Commission, participant may assert a claim against (ii) as to which the self-regulatory DTC included statements concerning the lender for the return of any organization consents, the Commission the purpose of and basis for the collateral pledged by DTC as security will: proposed rule change and discussed any therefore.3 Subject to the foregoing and (a) By order approve the proposed comments it received on the proposed the terms of any such loan, the rule change or rule change. The text of these statements obligation of DTC to return any items of (b) institute proceedings to determine may be examined at the places specified pledged collateral to its participants or whether the proposed rule change in Item IV below. DTC has prepared should be disapproved. summaries, set forth in sections (A), (B), to permit substitutions and withdrawals and (C) below, of the most significant thereof remains unaffected. IV. Solicitation of Comments aspects of such statements.2 In addition, the proposed rule change Interested persons are invited to would make a technical correction to submit written data, views, and (A) Self-Regulatory Organization’s the definition of the term ‘‘pledge’’ in arguments concerning the foregoing, Statement of the Purpose of, and Rule 1 necessitated by the recent including whether the proposed rule Statutory Basis for, the Proposed Rule change is consistent with the Act. Change revisions to Article 9 of the New York Uniform Commercial Code (‘‘NYUCC’’). Persons making written submissions Each DTC participant pays or receives Currently, the definition of ‘‘pledge’’ should file six copies thereof with the the net debit or net credit balance in its refers to section 9–115 of the NYUCC. Secretary, Securities and Exchange DTC money settlement account at the As proposed, the references to that Commission, 450 Fifth Street NW., end of each day. DTC’s principal risk is Washington, DC 20549–0609. specific section would be deleted so the the possible failure of one or more Comments may also be submitted definition would refer to the NYUCC in participants to settle their net debit electronically at the following e-mail general. obligations. To assure that it is able to address: [email protected]. All complete its settlement obligations each DTC believes that the proposed rule comment letters should refer to File No. day, DTC maintains liquidity resources, change is consistent with the SR–DTC–2003–08. This file number including a committed line of credit in requirements of Section 17A of the Act should be included on the subject line the maximum amount of $1.75 billion and the rules and regulations if e-mail is used. To help us process and with a consortium of banks that is part thereunder applicable to DTC because it review comments more efficiently, of a combined syndicated facility with will assist DTC in maintaining a comments should be sent in hardcopy National Securities Clearing Corporation committed end-of-day line of credit to or by e-mail but not by both methods. (‘‘End of Day Facility’’). facilitate completion of daily money Copies of the submission, all subsequent The End of Day Facility matures settlement and as such will assist DTC amendments, all written statements annually. As part of the negotiations to to assure the safeguarding of securities with respect to the proposed rule extend the facility for the year beginning and funds which are in its custody or change that are filed with the Commission, and all written May 27, 2003, DTC’s lenders have control or for which it is responsible. requested that Section 1 of DTC’s Rule communications relating to the 4A, ‘‘Pledge of Property to the (B) Self-Regulatory Organization’s proposed rule change between the Corporation and its Lenders,’’ be Statement on Burden on Competition Commission and any person, other than clarified. This provision currently those that may be withheld from the provides that for the purpose of securing DTC perceives no adverse impact on public in accordance with the loans to DTC, DTC may pledge and competition by reason of the proposed provisions of 5 U.S.C. 552, will be repledge and grant its lenders a security rule change. available for inspection and copying in interest in (i) cash deposits in the the Commission’s Public Reference participants fund and all securities, 3 The proposed language would state, ‘‘No Section, 450 Fifth Street NW., repurchase agreements, or deposits in Participant shall have any right, claim or action Washington, DC 20549. Copies of such which such cash is invested, (ii) net against any secured Lender (or any collateral agent filing will also be available for of such secured Lender) for the return, or otherwise additions, including any security inspection and copying at the principal in respect, of any such collateral Pledged by the office of DTC. All submissions should entitlements of participants in net Corporation to such secured Lender (or its collateral agent), so long as any loans made by such Lender refer to the File No. SR–DTC–2003–08 2 The Commission has modified parts of these to the Corporation or other obligations, secured by and should be submitted by June 11, statements. such collateral, are unpaid and outstanding.’’ 2003.

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For the Commission by the Division of comments on the proposed rule change A. Self-Regulatory Organization’s Market Regulation, pursuant to delegated from interested persons. Statement of the Purpose of, and authority.4 I. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule J. Lynn Taylor, Change Assistant Secretary. Statement of the Terms of the Substance of the Proposed Rule Change [FR Doc. 03–12732 Filed 5–20–03; 8:45 am] 1. Purpose BILLING CODE 8010–01–P Nasdaq proposes to amend NASD The amendments modify NASD Rule Rule 7010(r) to modify the fee schedule 7010(r), which establishes the fee for the Nasdaq Application of the schedule for Primex. Specifically, the SECURITIES AND EXCHANGE Primex Auction System (‘‘Primex’’). amendments reduce the auction COMMISSION Nasdaq will implement the proposed rule change on May 1, 2003. The text of response fee from $.005 to $.003 per [Release No. 34–47857; File No. SR–NASD– execution, per share. 2003–77] the proposed rule change is below. Proposed new language is in italics; While the fee schedule for Primex was Self-Regulatory Organizations; Notice proposed deletions are in brackets. filed initially in December 2001, the of Filing and Immediate Effectiveness prices for the fee schedule were Rule 7010(r). Nasdaq Application of the of Proposed Rule Change by National established in 2000.5 Nasdaq represents Primex Auction System Association of Securities Dealers, Inc. that since that time transaction prices in To Amend the Fee Schedule for the The following charges shall apply to the overall market have decreased. As a Nasdaq Application of the Primex the use of the Nasdaq Application of the result, Nasdaq believes that the Primex Auction System Primex Auction System: fee schedule is no longer competitive. (1) Transaction Charges: May 14, 2003. This proposal responds to the Pursuant to section 19(b)(1) of the Execution Services—for all developments in the market and reduces Securities Exchange Act of 1934 participants: the auction response fee. 1 2 • Order entry—No fee. (‘‘Act’’), and Rule 19b–4 thereunder, 2. Statutory Basis notice is hereby given that on April 30, • Auction Response (per share, per 2003, the National Association of execution).*—$[.005] .003 Nasdaq believes that the proposed Securities Dealers, Inc. (‘‘NASD’’), Matching Rights—Primex Auction rule change is consistent with the through its subsidiary, The Nasdaq Market Makers (PAMMs) only: provisions of Section 15A of the Act,6 in Stock Market, Inc. (‘‘Nasdaq’’), filed • 50 Percent Match—No fee. general, and with Section 15A(b)(5) of with the Securities and Exchange • Two-Cent Match (per share, per the Act,7 in particular, in that it Commission (‘‘Commission’’) the retained order—$2.50 Maximum).** provides for the equitable allocation of proposed rule change as described in —$ .0025 reasonable fees among members. Nasdaq Items I, II, and III below, which Items Revenue Sharing—PAMMs only. believes the fee reduction recognizes the have been prepared by Nasdaq. On May • Each order executed:***—1⁄3 of changes in pricing that have occurred in 2, 2003, Nasdaq filed a letter to correct transaction fee. the market and are designed to make the a typographical error in the proposal.3 (2) Monthly Access fees [No change.] fees for Primex competitive with other Nasdaq has designated this proposal as trading venues. Nasdaq represents that one constituting a fee filing under * * * * * these fees will be charged consistently section 19(b)(3)(A) of the Act,4 which II. Self-Regulatory Organization’s to all members that choose to use renders the rule effective upon the Statement of the Purpose of, and Primex. Commission’s receipt of this filing. Statutory Basis for, the Proposed Rule Nasdaq began assessing fees pursuant to Change B. Self-Regulatory Organization’s the revised fee schedule beginning on Statement on Burden on Competition May 1, 2003. The Commission is In its filing with the Commission, publishing this notice to solicit Nasdaq included statements concerning Nasdaq does not believe that the the purpose of, and basis for, the proposed rule change will result in any 4 17 CFR 200.30–3(a)(12). proposed rule change and discussed any burden on competition that is not 1 15 U.S.C. 78s(b)(1). comments it received on the proposed necessary or appropriate in furtherance 2 17 CFR 240.19b–4. rule change. The text of these statements of the purposes of the Act. 3 See letter from Eleni Constantine, Associate may be examined at the places specified General Counsel, Nasdaq, to Katherine England, Assistant Director, Division of Market Regulation, in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, Commission, dated May 2, 2003 (‘‘Clarification 5 See Securities Exchange Act Release No. 45285 Letter’’). In the Clarification Letter, Nasdaq and C below, of the most significant (January 15, 2002), 67 FR 3521 (January 24, 2002). corrected a typographical error in a footnote that is aspects of such statements. In the filing establishing the original fee schedule not part of the text being amended regarding the revenue sharing payment schedule. Nasdaq stated for Primex, Nasdaq indicated it would not charge that the revenue sharing amounts are paid on a * This fee applies to both Indications and ‘‘real- any fees during the initial few months Primex was monthly basis, not on a quarterly basis, as time’’ Responses. When two orders match directly, operating, and that it would notify members previously published in the Federal Register. See a fee is charged to the party that entered the second through a Head Trader Alert when it would begin Securities Exchange Act Release No. 45285A order. assessing fees. On July 31, 2002, Nasdaq filed a (March 5, 2002), 67 FR 10962 (March 11, 2002). ** This fee is charged in the event a PAMM proposed rule change revising the original fee Thus, footnote * * * should read: ‘‘Paid to a attaches its matching right to an order, and the schedule for Primex. See Securities Exchange Act PAMM when it enters an order that interacts with crowd offers two cents or less price improvement Release No. 46361 (August 15, 2002), 67 FR 54246 crowd interest in the system. Revenue sharing to that order. (August 21, 2002). Nasdaq began assessing fees on applies only to orders in those securities in which *** Paid to a PAMM when it enters an order that August 1, 2002 according to the revised fee the firm is registered as a PAMM. The revenue interacts with crowd interest in the system. schedule; fees were never charged under the sharing amounts will be paid on a monthly basis.’’ Revenue sharing applies only to orders in those original fee schedule. Nasdaq represents that the footnote reads this way securities in which the firm is registered as a in its Manual. PAMM. The revenue sharing amounts will be paid 6 15 U.S.C. 78o–3. 4 15 U.S.C. 78s(b)(3)(A). on a monthly basis. 7 15 U.S.C. 78o–3(b)(5).

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C. Self-Regulatory Organization’s SECURITIES AND EXCHANGE current practice that applicable Statement on Comments on the COMMISSION members provide copies to NSCC of Proposed Rule Change Received From consolidated reports of condition and [Release No. 34–47873; File No. SR–NSCC– Members, Participants, or Others 2002–15] income (i.e., ‘‘call reports’’), (2) require Written comments were neither broker-dealer members to provide solicited nor received. Self-Regulatory Organizations; copies to NSCC of their most recent National Securities Clearing audited financial statements within III. Date of Effectiveness of the Corporation; Notice of Filing and sixty days after their fiscal year end and Proposed Rule Change and Timing for Immediate Effectiveness of Proposed non-broker-dealer members to provide Commission Action Rule Change Relating to Modifying copies to NSCC of their most recent The foregoing rule change has become NSCC Rule 15 audited financial statements within effective upon filing pursuant to Section ninety days after their fiscal year end, 19(b)(3)(A) of the Act 8 and May 15, 2003. (3) require members to file copies with subparagraph (f)(2) of Rule 19b–4 Pursuant to Section 19(b)(1) of the NSCC of all Rule 17a–11 letters filed thereunder 9 in that it establishes the fee Securities Exchange Act of 1934 with the Commission, and (4) require schedule for the use of a Nasdaq system. (‘‘Act’’),1 notice is hereby given that on members to file with NSCC copies of At any time within 60 days of the December 20, 2002, National Securities such filings as determined by NSCC filing of a rule change pursuant to Clearing Corporation (‘‘NSCC’’) filed from time to time which members are Section 19(b)(3)(A) of the Act, the with the Securities and Exchange required to file pursuant to the Commission may summarily abrogate Commission (‘‘Commission’’) and on Sarbanes-Oxley Act of 2002 and any the rule change if it appears to the December 24, 2002, amended the amendments thereunder.3 Commission that such action is proposed rule change as described in Rule 15, Section 2 currently permits necessary or appropriate in the public Items I, II, and III below, which items NSCC to examine the financial interest, for the protection of investors, have been prepared primarily by NSCC. responsibility and operational capability or otherwise in furtherance of the The Commission is publishing this of members and applicants and to purposes of the Act. notice to solicit comments on the require them to provide certain proposed rule change from interested information to NSCC. The proposed rule IV. Solicitation of Comments parties. change modifies Rule 15 to more Interested persons are invited to I. Self-Regulatory Organization’s specifically delineate other information submit written data, views, and Statement of the Terms of Substance of that participants must file with NSCC. arguments concerning the foregoing, The proposed rule change is the Proposed Rule Change including whether the proposed rule consistent with Section 17A(b)(3)(F) of change is consistent with the Act. The purpose of the proposed rule the Act 4 and the rules and regulations Persons making written submissions change is to modify NSCC Rule 15 to thereunder because it will assure the should file six copies thereof with the specify what additional information safeguarding of securities and funds in Secretary, Securities and Exchange participants and applicants must file NSCC’s custody or control. Commission, 450 Fifth Street, NW., with NSCC regarding their financial (B) Self-Regulatory Organization’s Washington, DC 20549–0609. Copies of responsibility and operational Statement on Burden on Competition the submission, all subsequent capability. NSCC does not believe that the amendments, all written statements II. Self-Regulatory Organization’s proposed rule change will have an with respect to the proposed rule Statement of the Purpose of, and impact on or impose a burden on change that are filed with the Statutory Basis for, the Proposed Rule competition. Commission, and all written Change communications relating to the In its filing with the Commission, (C) Self-Regulatory Organization’s proposed rule change between the Statement on Comments on the Commission and any person, other than NSCC included statements concerning the purpose of and basis for the Proposed Rule Change Received From those that may be withheld from the Members, Participants or Others public in accordance with the proposed rule change and discussed any provisions of 5 U.S.C. 552, will be comments it received on the proposed No written comments relating to the available for inspection and copying in rule change. The text of these statements proposed rule change have been the Commission’s Public Reference may be examined at the places specified solicited or received. NSCC will notify Room. Copies of such filing will also be in Item IV below. NSCC has prepared the Commission of any written available for inspection and copying at summaries, set forth in sections (A), (B), comments received by NSCC. and (C) below, of the most significant the principal office of the NASD. All III. Date of Effectiveness of the aspects of these statements.2 submissions should refer to File No. Proposed Rule Change and Timing for SR–NASD–2003–77 should be (A) Self-Regulatory Organization’s Commission Action submitted by June 11, 2003. Statement of the Purpose of, and The foregoing rule change has become For the Commission, by the Division of Statutory Basis for, the Proposed Rule effective pursuant to Section Market Regulation, pursuant to delegated Change 19(b)(3)(A)(i) of the Act 5 and Rule 19b– authority.10 The purpose of the proposed rule 4(f)(1) 6 thereunder because the J. Lynn Taylor, filing is to modify Section 2 of NSCC proposed rule change constitutes an Assistant Secretary. Rule 15, ‘‘Financial Responsibility and interpretation with respect to the [FR Doc. 03–12689 Filed 5–20–03; 8:45 am] Operational Capability.’’ The proposed administration and enforcement of an BILLING CODE 8010–01–P rule filing specifically: (1) Codifies the 3 Pub. L. 107–204, 116 Stat. 745 (2002). 8 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78q(b)(3)(F). 9 17 CFR 240.19b–4(f)(2). 2 The Commission has modified the text of the 5 15 U.S.C. 78s(b)(3)(A)(i). 10 17 CFR 200.30–3(a)(12). summaries prepared by NSCC. 6 17 CFR 240.19b–4(f)(1).

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existing NSCC rule. At any time within SECURITIES AND EXCHANGE day, NSCC maintains liquidity sixty days of the filing of such rule COMMISSION resources, including a committed line of credit in the maximum amount of $1.9 change, the Commission may summarily [Release No. 34–47874; File No. SR–NSCC– abrogate such rule change if it appears 2003–08] billion with a consortium of banks that to the Commission that such action is is part of a combined syndicated facility necessary or appropriate in the public Self-Regulatory Organizations; with The Depository Trust Company interest, for the protection of investors, National Securities Clearing (‘‘End of Day Facility’’). or otherwise in furtherance of the Corporation; Notice of Filing of a The End of Day Facility matures purposes of the Act. Proposed Rule Change Relating to annually. As part of the negotiations to Rule 4, Section 12, Clearing Fund and extend the facility for the year beginning IV. Solicitation of Comments Pledges of Deposits May 27, 2003, NSCC’s lenders have Interested persons are invited to requested that Section 12 of NSCC’s May 15, 2003. Rule 4, ‘‘Clearing Fund,’’ be clarified. submit written data, views, and Pursuant to Section 19(b)(1) of the Section 12 currently provides that for arguments concerning the foregoing, Securities Exchange Act of 1934 the purpose of securing loans to NSCC, including whether the proposed rule 1 (‘‘Act’’), notice is hereby given that on NSCC may pledge and repledge and change is consistent with the Act. May 6, 2003, the National Securities grant its lenders a security interest in (i) Persons making written submissions Clearing Corporation (‘‘NSCC’’) filed cash deposits in the clearing fund, (ii) should file six copies thereof with the with the Securities and Exchange all securities, repurchase agreements, or Secretary, Securities and Exchange Commission (‘‘Commission’’) the deposits in which such cash is invested, Commission, 450 Fifth Street, NW., proposed rule change as described in and (iii) qualified bonds pledged by a Washington, DC 20549–0609. Items I, II, and III below, which items member or letters of credit issued on a Comments may also be submitted have been prepared primarily by NSCC. member’s behalf for NSCC’s benefit to electronically at the following e-mail The Commission is publishing this secure the member’s open account address: [email protected]. All notice to solicit comments on the indebtedness to NSCC. This section comment letters should refer to File No. proposed rule change from interested provides that any such loan to NSCC SR–NSCC–2002–15. This file number persons. may be on such terms as NSCC, in its should be included on the subject line I. Self-Regulatory Organization’s discretion, may deem necessary or if e-mail is used. To help us process and Statement of the Terms of Substance of advisable and may be in amounts review comments more efficiently, the Proposed Rule Change greater and extend for time periods longer than the obligations of any comments should be sent in hardcopy The proposed rule change would or by e-mail but not by both methods. member in NSCC. Subject to the terms modify NSCC’s Rule 4, Section 12, to and conditions of such loan, NSCC Copies of the submission, all subsequent make clear NSCC’s ability to pledge amendments, all written statements remains obligated to its members to clearing fund deposits and NSCC’s return any items of pledged collateral or with respect to the proposed rule members’ rights to pledged deposits. change that are filed with the permit substitutions and withdrawals Commission, and all written II. Self-Regulatory Organization’s thereof as provided in its rules. communications relating to the Statement of the Purpose of, and It was always the intent and proposed rule change between the Statutory Basis for, the Proposed Rule understanding of NSCC and its members Commission and any person, other than Change that by virtue of Rule 4, Section 12, those that may be withheld from the In its filing with the Commission, members had authorized NSCC to public in accordance with the NSCC included statements concerning pledge to its lenders a member’s actual 3 provisions of 5 U.S.C. 552, will be the purpose of and basis for the deposits. In order to accommodate NSCC’s lenders, NSCC is proposing to available for inspection and copying in proposed rule change and discussed any modify the language of the rule itself to the Commission’s Public Reference comments it received on the proposed make clear NSCC’s right to pledge its Section, 450 Fifth Street, NW., rule change. The text of these statements may be examined at the places specified members’ actual deposits to one or more Washington, DC 20549–0609. Copies of lenders for the purposes enumerated in such filing also will be available for in Item IV below. NSCC has prepared summaries, set forth in sections (A), (B), the rule. In addition, NSCC is also inspection and copying at the principal proposing to add language to the rule to office of NSCC. All submissions should and (C) below, of the most significant aspects of such statements.2 make clear what is implicit in the refer to File No. SR–NSCC–2002–15 and current rule that while there remain any should be submitted by June 11, 2003. (A) Self-Regulatory Organization’s outstanding obligations under any such For the Commission, by the Division of Statement of the Purpose of, and loan, no member may assert a claim Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule against the lender for the return of any authority.7 Change collateral pledged by NSCC as security 4 J. Lynn Taylor, Each NSCC member pays or receives therefore. Subject to the foregoing and Assistant Secretary. the net debit or net credit balance in its NSCC money settlement account at the 3 Securities Exchange Act Release No. 28784 [FR Doc. 03–12733 Filed 5–20–03; 8:45 am] end of each day. NSCC’s principal risk (January 16, 1991), 56 FR 2575 (January 23, 1991) BILLING CODE 8010–01–P [File No. SR–NSCC–90–22]. is the possible failure of one or more 4 The proposed language would state, ‘‘No members to settle their net debit Member, Insurance Carrier Member or Fund obligations. To assure that it is able to Member shall have any right, claim or action complete its settlement obligations each against any secured Lender (or any collateral agent of such secured Lender) for the return, or otherwise in respect, of any such collateral Pledged by the 1 15 U.S.C. 78s(b)(1). Corporation to such secured Lender (or its collateral 2 The Commission has modified parts of these agent), so long as any loans made by such Lender 7 17 CFR 200.30–3(a)(12). statements. Continued

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the terms of any such loan, the SR–NSCC–2003–08. This file number Mississippi; and Giles, Hardin, obligation of NSCC to return any items should be included on the subject line Lawrence and Wayne Counties in the of pledged collateral to its members or if e-mail is used. To help us process and State of Tennessee may be filed until the to permit substitutions and withdrawals review comments more efficiently, specified date at the previously thereof remains unaffected. comments should be sent in hardcopy designated location. All other counties NSCC believes that the proposed rule or by e-mail but not by both methods. contiguous to the above named primary change is consistent with the Copies of the submission, all subsequent county have been previously declared. requirements of Section 17A of the Act amendments, all written statements The economic injury number assigned and the rules and regulations with respect to the proposed rule to Mississippi is 9V3400. thereunder applicable to NSCC because change that are filed with the it will assist NSCC in maintaining a Commission, and all written All other information remains the committed end-of-day line of credit to communications relating to the same, i.e., the deadline for filing facilitate completion of daily money proposed rule change between the applications for physical damage is July settlement and as such will assist NSCC Commission and any person, other than 11, 2003, and for economic injury the to assure the safeguarding of securities those that may be withheld from the deadline is February 12, 2004. and funds which are in its custody or public in accordance with the (Catalog of Federal Domestic Assistance control or for which it is responsible. provisions of 5 U.S.C. 552, will be Program Nos. 59002 and 59008). available for inspection and copying in (B) Self-Regulatory Organization’s Dated: May 14, 2003. the Commission’s Public Reference Statement on Burden on Competition Herbert L. Mitchell, Section, 450 Fifth Street NW., NSCC perceives no adverse impact on Associate Administrator for Disaster Washington, DC 20549. Copies of such Assistance. competition by reason of the proposed filing will also be available for [FR Doc. 03–12701 Filed 5–20–03; 8:45 am] rule change. inspection and copying at the principal BILLING CODE 8025–01–P (C) Self-Regulatory Organization’s office of NSCC. All submissions should Statement on Comments on the refer to the File No. SR–NSCC–2003–08 and should be submitted by June 11, Proposed Rule Change Received From SMALL BUSINESS ADMINISTRATION Members, Participants, or Others 2003. For the Commission by the Division of Comments from NSCC members or [Declaration of Disaster #3496] Market Regulation, pursuant to delegated others have not been solicited or authority.5 received on the proposed rule change. State of Kansas; (Amendment #1) J. Lynn Taylor, III. Date of Effectiveness of the Assistant Secretary. In accordance with a notice received Proposed Rule Change and Timing for [FR Doc. 03–12734 Filed 5–20–03; 8:45 am] from the Department of Homeland Commission Action BILLING CODE 8010–01–P Security—Federal Emergency Within thirty five days of the date of Management Agency, effective May 14, publication of this notice in the Federal 2003, the above numbered declaration is Register or within such longer period (i) SMALL BUSINESS ADMINISTRATION hereby amended to include Anderson, as the Commission may designate up to [Declaration of Disaster #3500] Douglas, Osage, and Woodson Counties ninety days of such date if it finds such in the State of Kansas as disaster areas longer period to be appropriate and State of Alabama; (Amendment #1) due to damages caused by severe publishes its reasons for so finding or storms, tornadoes and flooding (ii) as to which the self-regulatory In accordance with a notice received occurring on May 4, 2003 and organization consents, the Commission from the Department of Homeland continuing. Security—Federal Emergency will: In addition, applications for economic (a) By order approve the proposed Management Agency, effective May 13, 2003, the above numbered declaration is injury loans from small businesses rule change or located in the contiguous counties of (b) Institute proceedings to determine hereby amended to include Barbour, Bullock, Chambers, Cherokee, Clay, Coffey, Greenwood, Lyon, Shawnee and whether the proposed rule change Wabaunsee in the State of Kansas may should be disapproved. Cleburne, Colbert, Coosa, Lauderdale, Lawrence, Lee, Limestone, Macon, be filed until the specified date at the IV. Solicitation of Comments Randolph, Russell and Tallapoosa previously designated location. All Interested persons are invited to Counties in the State of Alabama as other counties contiguous to the above submit written data, views, and disaster areas due to damages caused by named primary county have been arguments concerning the foregoing, severe storms, tornadoes, and flooding previously declared. including whether the proposed rule occurring on May 5, 2003 and All other information remains the change is consistent with the Act. continuing. same, i.e., the deadline for filing Persons making written submissions In addition, applications for economic applications for physical damage is July should file six copies thereof with the injury loans from small businesses 7, 2003, and for economic injury the Secretary, Securities and Exchange located in the contiguous counties of deadline is February 6, 2004. Dale, Elmore, Franklin, Henry, Commission, 450 Fifth Street NW., (Catalog of Federal Domestic Assistance Montgomery and Pike in the State of Washington, DC 20549–0609. Program Nos. 59002 and 59008). Comments may also be submitted Alabama; Carroll, Chatahoochee, Clay, Dated: May 15, 2003. Floyd, Haralson, Harris, Heard, electronically at the following e-mail Herbert L. Mitchell, address: [email protected]. All Muscogee, Polk, Quitman, Stewart and comment letters should refer to File No. Troup Counties in the State of Georgia; Associate Administrator for Disaster Tishomingo County in the State of Assistance. to the Corporation or other obligations, secured by [FR Doc. 03–12751 Filed 5–20–03; 8:45 am] such collateral, are unpaid and outstanding.’’ 5 17 CFR 200.30–3(a)(12). BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION Percent Dated: May 19, 2003. C. Miller Crouch, Businesses and small agricul- [Declaration of Disaster #3492] Principal Deputy Assistant Secretary for tural cooperatives without Educational and Cultural Affairs, Department State of Mississippi; (Amendment #1) credit available elsewhere ..... 2.953 of State. [FR Doc. 03–12895 Filed 5–20–03; 8:45 am] The number assigned to this disaster In accordance with a notice received BILLING CODE 4710–08–P from the Department of Homeland for physical damage is 350212 and for Security—Federal Emergency economic injury the number is 9V3300. Management Agency, effective May 14, (Catalog of Federal Domestic Assistance OFFICE OF THE UNITED STATES 2003, the above numbered declaration is Program Nos. 59002 and 59008) TRADE REPRESENTATIVE hereby amended to reestablish the Dated: May 14, 2003. incident period for this disaster as Hector V. Barreto, Reinstatement of Treatment of beginning on April 6 and continuing Administrator. Government Procurement of Products through April 25, 2003. [FR Doc. 03–12700 Filed 5–20–03; 8:45 am] of the Dominican Republic All other information remains the BILLING CODE 8025–01–P same, i.e., the deadline for filing AGENCY: Office of the United States applications for physical damage is June Trade Representative. 23, 2003, and for economic injury the ACTION: Reinstatement of treatment of deadline is January 26, 2004. DEPARTMENT OF STATE government procurement of products of (Catalog of Federal Domestic Assistance the Dominican Republic. [Public Notice 4372] Program Nos. 59002 and 59008). Under the authority delegated to me Dated: May 15, 2003. Culturally Significant Objects Imported Herbert L. Mitchell, by the President in section 1–201 of for Exhibition Determinations: ‘‘Anne Executive Order 12260 of December 31, Associate Administrator for Disaster Frank the Writer—An Unfinished Assistance. 1980, I hereby direct that products of Story’’ the Dominican Republic shall be treated [FR Doc. 03–12752 Filed 5–20–03; 8:45 am] AGENCY: Department of State. as eligible products for purposes of BILLING CODE 8025–01–P section 1–101 of the Executive Order. ACTION: Notice. Such treatment shall not apply to SMALL BUSINESS ADMINISTRATION SUMMARY: Notice is hereby given of the products originating in the Dominican following determinations: Pursuant to Republic that are excluded from duty free treatment under 19 U.S.C. 2703(b). [Declaration of Disaster #3502] the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. Decisions on the continued application State of Texas 2459), Executive Order 12047 of March of this treatment will be based on 27, 1978, the Foreign Affairs Reform and ongoing evaluation of the Dominican Hidalgo County and the contiguous Restructuring Act of 1998 (112 Stat. Republic’s efforts to improve domestic counties of Brooks, Cameron, Kenedy, 2681, et seq.; 22 U.S.C. 6501 note, et procurement practices, its support for Starr and Willacy in the State of Texas seq.), Delegation of Authority No. 234 of relevant international initiatives, such constitute a disaster area due to a October 1, 1999, and Delegation of as those in the World Trade tornado that occurred on April 29, 2003. Authority No. 236 of October 19, 1999, Organization (WTO) Working Group on Applications for loans for physical as amended, I hereby determine that the Transparency in Government damage as a result of this disaster may objects to be included in the exhibition Procurement and the Free Trade Area of be filed until the close of business on ‘‘Anne Frank the Writer—An the Americas (FTAA) Negotiating Group July 14, 2003, and for economic injury Unfinished Story,’’ imported from on Government Procurement. until the close of business on February abroad for temporary exhibition within Performance with respect to the 16, 2004, at the address listed below or the United States, are of cultural foregoing factors will be analyzed other locally announced locations: U.S. significance. The objects are imported annually in September, although Small Business Administration, Disaster pursuant to loan agreements with the changes in the application of this Area 3 Office, 4400 Amon Carter foreign owners. I also determine that the treatment may be made at any time. Boulevard, Suite 102, Forth Worth, TX exhibition or display of the exhibit Notice of any changes in this treatment 76155. objects at the United States Holocaust with respect to any beneficiary will be The interest rates are: Memorial Museum, from on or about published in the Federal Register. June 12, 2003 until on or about Robert B. Zoellick, Percent September 12, 2003, and at possible United States Trade Representative. additional venues yet to be determined, For Physical Damage: [FR Doc. 03–12727 Filed 5–20–03; 8:45 am] is in the national interest. Public Notice Homeowners with credit avail- BILLING CODE 3190–01–P able elsewhere ...... 5.625 of these Determinations is ordered to be Homeowners without credit published in the Federal Register. available elsewhere ...... 2.812 FOR FURTHER INFORMATION CONTACT: For DEPARTMENT OF THE TREASURY Businesses with credit available further information, including a list of elsewhere ...... 5.906 the exhibit objects, contact Orde F. Submission for OMB Review; Businesses and non-profit orga- Kittrie, Attorney-Adviser, Office of the nizations without credit avail- Comment Request able elsewhere ...... 2.953 Legal Adviser, U.S. Department of State, Others (including non-profit or- (telephone: (202) 401–4779). The May 14, 2003. ganizations) with credit avail- address is U.S. Department of State, SA– The Department of Treasury has able elsewhere ...... 5.500 44, 301 4th Street, SW., Room 700, submitted the following public For Economic Injury: Washington, DC 20547–0001. information collection requirement(s) to

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OMB for review and clearance under the Estimated Burden Hours Per Learning about the law or 53 min. Paperwork Reduction Act of 1995, Respondent/Recordkeeper: the form. Public Law 104–13. Copies of the Preparing and sending the 1 hr., 00 min. form to the IRS. submission(s) may be obtained by Recordkeeping ...... 18 hrs., 10 min. calling the Treasury Bureau Clearance Learning about the form .. 6 min. Frequency of Response: Other (one- Officer listed. Comments regarding this Preparing the form ...... 24 min. information collection should be time election). addressed to the OMB reviewer listed Frequency of Response: On occasion. Estimated Total Reporting/ Recordkeeping Burden: 6,360 hours. and to the Treasury Department Estimated Total Reporting/ Clearance Officer, Department of the Recordkeeping Burden: 1,120,200 hours. OMB Number: 1545–0902. Form Number: IRS Forms 8288 and Treasury, Room 11000, 1750 OMB Number: 1545–0190. 8288–A. Pennsylvania Avenue, NW., Form Number: IRS Form 4876–A. Type of Review: Revision. Washington, DC 20220. Type of Review: Revision. DATES: Written comments should be Title: U.S. Withholding Tax Return for Title: Election to be Treated as an Dispositions by Foreign Persons of U.S. received on or before June 20, 2003, to Interest Charge DISC. be assured of consideration. Real Property Interests (Form 8288); and Description: A domestic corporation Statement of Withholding on Internal Revenue Service (IRS) and its shareholders must elect to be an Dispositions by Foreign Persons of U.S. interest charge domestic international OMB Number: 1545–0022. Real Property Interests (Form 8288–A). sales corporation (IC–DISC). Form Description: Form 8288 is used by the Form Number: IRS Form 712. 4876–A is used to make the election. Type of Review: Revision. withholding agent to report and IRS uses the information to determine if Title: Life Insurance Statement. transmit the withholding to IRS. Form Description: Form 712 is used to the corporation qualifies to be an IC– 8288–A is used to validate the establish the value of life insurance DISC. withholding and to return a copy to the policies for estate and gift tax purposes. Respondents: Business or other for- transferor for his/her use in filing a tax The tax is based on the value of these profit. return. policies. The form is completed by life Estimated Number of Respondents/ Respondents: Business or other for- insurance companies. Recordkeepers: 1,000. profit, Individuals or households. Respondents: Business or other for- Estimated Burden Hours Per Estimated Number of Respondents/ profit. Respondent/Recordkeeper: Recordkeepers: 10,000. Estimated Number of Respondents/ Estimated Burden Hours Per Recordkeepers: 60,000. Recordkeeping ...... 4 hr., 4 min. Respondent/Recordkeeper:

Form 8288 Form 8288ÐA

Recordkeeping ...... 5 hr., 15 min...... 2 hr., 52 min. Learning about the law or the form ...... 5 hr., 8 min...... 30 min. Preparing and sending the form to the IRS ...... 6 hr., 38 min...... 34 min.

Frequency of Response: On occasion. Frequency of Response: On occasion. Room 6411–03, 1111 Constitution Estimated Total Reporting/ Estimated Total Reporting/ Avenue, NW., Washington, DC 20224. Recordkeeping Burden: 239,175 hours. Recordkeeping Burden: 22,000 hours. OMB Reviewer: Joseph F. Lackey, Jr., OMB Number: 1545–1683. OMB Number: 1545–1684. (202) 395–7316, Office of Form Number: IRS Form 56–A Revenue Procedure Number: Revenue Management and Budget, Room (Formerly Forms 12575 and 12575–A). Procedure 2001–22. 10235, New Executive Office Type of Review: Extension. Type of Review: Extension. Building, Washington, DC 20503. Title: Pre-filing Agreements Program. Title: Notice Concerning Fiduciary Description: Revenue Procedure Mary A. Able, Relationship—Illinois Type Land Trust. 2001–22 describes a program under Departmental Reports Management Officer. Description: The data collected on the which certain large business taxpayers [FR Doc. 03–12716 Filed 5–20–03; 8:45 am] forms provides trustees of Illinois Land may request examination and resolution BILLING CODE 4830–01–P Trusts a convenient method of reporting of specific issues relating to tax returns. information related to creating, The resolution of such issues under the changing, and closing such trusts. program will be memorialized by a type DEPARTMENT OF THE TREASURY Respondents: Business or other for- of closing agreement under Code section Internal Revenue Service profit. 7121 called a pre-filing agreement. Estimated Number of Respondents/ Respondents: Business or other for- Open Meeting of the Taxpayer Recordkeepers: 10,000. profit. Estimated Burden Hours Per Advocacy Panel Earned Income Tax Estimated Number of Respondents/ Credit Issue Committee Respondent/Recordkeeper: Recordkeepers: 225. Estimated Burden Hours Per AGENCY: Internal Revenue Service (IRS), Recordkeeping ...... 1 hr., 18 min. Respondent/Recordkeeper: 45 hours, 20 Treasury. Learning about the law or 7 min. minutes. ACTION: Notice; correction. the form. Frequency of Response: On occasion. Preparing the form ...... 25 min. Estimated Total Reporting/ SUMMARY: This document contains a Copying, assembling, and 20 min. Recordkeeping Burden: 10,200 hours. correction to a notice of an Open sending the form to the IRS. Clearance Officer: Glenn Kirkland, (202) Meeting of the Taxpayer Advocacy 622–3428, Internal Revenue Service, Panel Earned Income Tax Credit Issue

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Committee, which was published in the Committee contains an error that may Information’’, line 7, the language ‘‘EST Federal Register on April 22, 2003 (68 prove to be misleading and is in need to 3 p.m. EST via a telephone’’, is FR 19881). of clarification. corrected to read ‘‘EDT to 3 p.m. EDT FOR FURTHER INFORMATION CONTACT: Correction of Publication via a telephone’’. Marisa Knispel at 1–888–912–1227, or Accordingly, the publication of the Cynthia E. Grigsby, (718) 488–3557. notice of an open meeting of the Chief, Regulations Unit, Associate Chief Need for Correction taxpayer advocacy panel earned income Counsel (Procedure and Administration). tax credit issue committee which is the [FR Doc. 03–12777 Filed 5–19–03; 8:56 am] As published, this notice of an Open subject of FR Doc 03–9944. BILLING CODE 4830–01–P Meeting of the Taxpayer Advocacy 1. On page 19881, column 3, under Panel Earned Income Tax Credit Issue the paragraph heading ‘‘Supplementary

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Part II

The President Proclamation 7679—World Trade Week, 2003

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Federal Register Presidential Documents Vol. 68, No. 98

Wednesday, May 21, 2003

Title 3— Proclamation 7679 of May 16, 2003

The President World Trade Week, 2003

By the President of the United States of America

A Proclamation Trade expands prosperity, helps raise millions from poverty, and is an engine of economic growth within our Nation and around the world. Trade injects new energy and vitality into the global economy by fostering the exchange of ideas and innovations among people around the world. Free and open trade also helps promote peace and security. During World Trade Week, we renew our commitment to developing and implementing trade policies that create new opportunities and promote global economic growth. My Administration is pursuing an ambitious trade agenda that is restoring America’s leadership in the global trading system. We worked hard for the passage of the Trade Act of 2002, which reinstated Trade Promotion Authority after an 8-year lapse. Trade Promotion Authority re-established the ability of the United States to credibly negotiate comprehensive trade agreements by ensuring that agreements will be approved or rejected, by the Congress, but not amended. This gives other countries renewed confidence in their trade negotiations with the United States. To extend the benefits of trade and to improve the lives of people in our Nation and around the world, my Administration continues to pursue global, regional, and bilateral trade agreements. Through the Doha Develop- ment Agenda negotiations at the World Trade Organization, the United States is seeking to strengthen the multilateral trading system, increase market access opportunities, and promote global development. Regionally, we are working to build on the success of the North American Free Trade Agreement (NAFTA) with the Free Trade Area of the Americas, which will expand free trade benefits throughout the Western Hemisphere. We are also encouraging the free flow of trade and investment in the Pacific among our partners in the Asia-Pacific Economic Cooperation forum and the Association of Southeast Asian Nations. In addition, we are negotiating a free trade agreement with five Central American democracies and will soon begin free trade agreement negotiations with the Southern African Customs Union to help spur economic growth in these two regions. Bilaterally, I recently signed a historic free trade agreement with Singapore—the first of its kind between the United States and an Asian/Pacific country, and we are finalizing a similar agreement with Chile. Free trade agreement negotiations are also underway with Australia and Morocco. In America, trade is also critical to maintaining our economic competitiveness in the global market. It has been estimated that one in eleven American jobs—over 12 million—are supported by exports of goods and services. In the 1990s, exports accounted for about one-quarter of our economic growth. Our Nation’s two major trade agreements during this time, NAFTA and the Uruguay Round, provided consumers with a greater choice of goods at better prices, while raising living standards for a typical American family of four by up to $2,000 a year. My Administration is also providing assistance to help trade-impacted workers adapt to the challenge of international competition. The Trade Adjustment Assistance program helps trade-impacted workers gain or enhance job-related skills and find new jobs. The program provides eligible workers with up

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to 2 years of training, income support during training, job search assistance, and relocation allowances. World trade allows all nations to share in the great economic, social, and political progress of our age and provides a foundation for a more peaceful and stable world. This week, we recognize the importance of free trade in promoting prosperity and freedom in the United States and around the world. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 18 through May 24, 2003, as World Trade Week. I encourage all Americans to observe this week with events, trade shows, and educational programs that celebrate the benefits of trade to our Nation and the global economy. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of May, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W

[FR Doc. 03–12945 Filed 5–20–03; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 68, No. 98 Wednesday May 21, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 2...... 27431 Presidential Documents 3 CFR 6...... 25479 Proclamations: Executive orders and proclamations 741–6000 15...... 27431 7668...... 23821 The United States Government Manual 741–6000 15f...... 27431 7669...... 23823 29...... 25484 Other Services 7670...... 23825 46...... 23377 Electronic and on-line services (voice) 741–6020 7671...... 23827 7672...... 23829 56...... 25484 Privacy Act Compilation 741–6064 301 ...... 24605, 24613, 26983 Public Laws Update Service (numbers, dates, etc.) 741–6043 7673...... 24333 7674...... 25277 371...... 27431 TTY for the deaf-and-hard-of-hearing 741–6086 7675...... 26195 868...... 24589 7676...... 26197 932...... 23378 985...... 23569, 25486 ELECTRONIC RESEARCH 7677...... 26199 7678...... 27427 989...... 25279 World Wide Web 7679...... 27889 1410...... 24830 1424...... 24596 Executive Orders: Full text of the daily Federal Register, CFR and other publications 1491...... 26461 12863 (Amended by is located at: http://www.access.gpo.gov/nara 1710...... 24335 13301) ...... 26981 Federal Register information and research tools, including Public 12865 (Revoked by Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 13298) ...... 24857 274...... 23927 http://www.archives.gov/federallregister/ 13069 (Revoked by 276...... 23927 E-mail 13298) ...... 24857 278...... 23927 13070 (Amended by 279...... 23927 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13301) ...... 26981 280...... 23927 an open e-mail service that provides subscribers with a digital 13047 (Continued by 319...... 27480 form of the Federal Register Table of Contents. The digital form Notice of May 16, 360...... 23425 of the Federal Register Table of Contents includes HTML and 2003) ...... 27425 1530...... 23230 PDF links to the full text of each document. 13098 (Revoked by 9 CFR To join or leave, go to http://listserv.access.gpo.gov and select 13298) ...... 24857 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13298...... 24857 82...... 26986, 26988 (or change settings); then follow the instructions. 13299...... 25477 91...... 26990 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 13300...... 25807 2...... 24052 service that notifies subscribers of recently enacted laws. 13301...... 26981 13212 (Amended by 130...... 25308 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13302) ...... 27429 10 CFR and select Join or leave the list (or change settings); then follow 13302...... 27429 the instructions. Administrative Orders: 40...... 25281 FEDREGTOC-L and PENS are mailing lists only. We cannot Memorandums: 70...... 23574 respond to specific inquiries. Memorandum of May 71...... 23574 6, 2003 ...... 25275 72...... 23183 Reference questions. Send questions and comments about the Memorandum of May 73...... 23574 Federal Register system to: [email protected] 7, 2003 ...... 26457 150...... 25281 The Federal Register staff cannot interpret specific documents or Presidential Proposed Rules: regulations. Determinations: 20...... 23618 No. 2003-22 of May 6, 50...... 26511 FEDERAL REGISTER PAGES AND DATE, MAY 2003 ...... 25809 490...... 23620 No. 2003-23 of May 7, 11 CFR 23183–23376...... 1 2003 ...... 26459 23377–23568...... 2 Notices: Proposed Rules: 23569–23884...... 5 Notice of May 16, 104...... 26237 23885–24332...... 6 2003 ...... 27425 107...... 26237 110...... 26237 24333–24604...... 7 5 CFR 9003...... 26237 24605–24858...... 8 213...... 24605 9004...... 26237 24859–25278...... 9 Ch. XIV ...... 23885 9008...... 26237 25279–25478...... 12 2424...... 23885 9032...... 26237 25479–25808...... 13 2429...... 23885 9033...... 26237 25809–26200...... 14 2471...... 23885 9034...... 26237 26201–26456...... 15 2472...... 23885 9035...... 26237 26457–26980...... 16 Proposed Rules: 9036...... 26237 26981–27426...... 19 2601...... 23876 9038...... 26237 27427–27726...... 20 7 CFR 12 CFR 27727–27890...... 21 1...... 27431 21...... 25090

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208...... 25090 274...... 25788 24405, 24406, 24898, 24903, 682...... 25821 211...... 25090 Proposed Rules: 25310, 25845, 27493 685...... 25821 326...... 25090 240...... 27722 54...... 24406 563...... 25090 602...... 24406 36 CFR 740...... 23381 18 CFR 27 CFR Proposed Rules: 748...... 25090 375...... 25814 251...... 25748, 25751 Proposed Rules: 376...... 25814 Proposed Rules: 1280...... 23430 11...... 27753 Proposed Rules: 4...... 24903 16...... 27753 35...... 24679 5...... 24903 37 CFR 7...... 24903 Ch. 6 ...... 26551 Proposed Rules: 19 CFR 9...... 25851 613 ...... 23425, 23426, 27757 262...... 23241, 27506 614...... 27757 178...... 24052 13...... 24903 618...... 27757 38 CFR 20 CFR 28 CFR 2...... 25503 14 CFR Proposed Rules: Proposed Rules: 513...... 25545 4...... 25822 1...... 25486 404...... 23192, 24896 Proposed Rules: 11...... 25486 416...... 23192, 24896 29 CFR 39...... 23249 25 ...... 24336, 24338, 26991 39 ...... 23183, 23186, 23190, 21 CFR Proposed Rules: 1480...... 23634 39 CFR 23384, 23387, 23575, 23886, Ch. 1 ...... 24879 1910...... 23528 Proposed Rules: 24614, 24861, 25488, 25811, 10...... 25283 4022...... 26206 111...... 23937, 27760 26201, 26478, 26481, 26482, 14...... 25283 4044...... 26206 27450 20...... 25283 40 CFR 71 ...... 23577, 23579, 23580, 310...... 24347 30 CFR 314...... 25283 51...... 25684 23581, 23682, 24340, 24341, 36...... 23892 358...... 24347 52 ...... 23206, 23207, 23404, 24342, 24864, 24866, 24868, 917...... 24644 24869, 24870, 24871, 24872, 510...... 26995 23597, 23604, 24363, 24365, 948...... 24355 24368, 24885, 25414, 25418, 24874, 25489, 25491, 25492, 522...... 26995 950...... 24647 25493, 25494, 25495, 25684, 520...... 26204 25442, 25504, 26210, 26212, 26202, 26687, 26993, 26994 522...... 26205 31 CFR 26492, 26495, 27471 62...... 23209, 25291 73...... 25495 558...... 27727 103 ...... 25090, 25149, 25113, 77...... 23583 720...... 25283 63 ...... 23898, 24562, 24653, 25163, 26489, 26996 26690, 27646 97 ...... 23888, 23889, 26484, 1300...... 23195 315...... 24794 26486 1310...... 23195 71...... 25507 351...... 24794 80...... 24300 382...... 24874 Proposed Rules: 353...... 24794 1 ...... 23630, 25242, 25188 81 ...... 24368, 25418, 25442, Proposed Rules: 359...... 24794 26212 3...... 23808, 27006 11...... 25188 360...... 24794 89...... 25823 25...... 26237 16...... 25242 363...... 24794 180 ...... 24370, 25824, 25831, 39 ...... 23231, 23235, 23427, 101...... 23930 Proposed Rules: 27729, 27740 23620, 24383, 25543, 26239, 111...... 27008 103 ...... 23640, 23646, 23653, 271...... 23407, 23607 26242, 26244, 26552, 26553, 112...... 27008 25163 300...... 23211, 27746 27006, 27492 315...... 27008 312...... 24888 71 ...... 23622, 23624, 23625, 601...... 27008 32 CFR 438...... 25686 23626, 27007 1308...... 26247 3...... 27452 119...... 24810 1310...... 24689 311...... 24880 Proposed Rules: Ch. 1...... 24410, 25312 121...... 24810 505...... 25816 22 CFR 135...... 24810 806B ...... 24881 52 ...... 23270, 23430, 23661, 145...... 24810 32...... 26488 23662, 24416, 24417, 25547, Proposed Rules: 26248, 26556, 27513 255...... 24896, 25844 42...... 24638 3...... 27497 60...... 24692 330...... 23627 121...... 25088 701...... 24904 399...... 24896, 25844 228...... 23891 62...... 23272, 25313 33 CFR 63...... 26249 23 CFR 15 CFR 100 ...... 25817, 25818, 27459 71...... 25548 0...... 24878 140...... 24639 110...... 25496 80...... 24311 270...... 24343 646...... 24639 117 ...... 23390, 23590, 24882, 81...... 26248 902...... 24615 661...... 24642 24883, 25818, 26208, 27460 146...... 23666, 23673 Proposed Rules: 165 ...... 23390, 23393, 23399, 258...... 25550 16 CFR 630...... 23239, 24384 23591, 23594, 23595, 23893, 300...... 23939 305...... 23584 23894, 23896, 24359, 24361, 24 CFR 42 CFR Proposed Rules: 24883, 25288, 25498, 25500, 309...... 24669 200...... 26946 25818, 26208, 26490, 27462, Proposed Rules: 203...... 23370 27464, 27466, 27469, 27727 409...... 26758 17 CFR 412...... 26786, 27154 Proposed Rules: Proposed Rules: 42...... 25149 1000...... 26555 62...... 25855 413...... 26758, 27154 211...... 26840 66...... 25855 440...... 26758 25 CFR 230...... 25788 67...... 25855 483...... 26758 232...... 24345, 25788 Proposed Rules: 72...... 25855 44 CFR 239...... 25788 170...... 23631 100...... 27498 240...... 25788 110...... 27501 64...... 23408 26 CFR 241...... 25281 117...... 27498, 27504 65...... 27473 249...... 25788 1 ...... 23586, 24349, 24351, 165 ...... 23935, 24406, 24408, 67...... 23898, 27477 250...... 25788 24644, 24880 26247, 27501 Proposed Rules: 259...... 25788 301...... 24644 401...... 25546 67 ...... 23941, 27514, 27515 260...... 25788 602...... 24644 269...... 25788 Proposed Rules: 34 CFR 45 CFR 270...... 25131 1 ...... 23632, 23931, 24404, 674...... 25821 2...... 25838

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32...... 24052 78...... 26997 Proposed Rules: 572...... 24417 148...... 23410 80...... 25512 208...... 26265 1137...... 23947, 25859 301...... 25293 90...... 25512 219...... 26265 302...... 25293 97...... 25512 252...... 26265 50 CFR 303...... 25293 Proposed Rules: 245...... 25313 304...... 25293 17...... 25934, 26498 1...... 23431 49 CFR 307...... 25293 15...... 23677 216...... 24905 1309...... 23212 64...... 25313 107...... 23832, 24653 300...... 23224, 23901 73 ...... 24417, 26556, 26557, 171...... 23832, 24653 46 CFR 600...... 23901, 26230 27767 173...... 24653 660...... 27004 176...... 23832 Proposed Rules: 622...... 26230 48 CFR 177...... 23832, 24653 540...... 23947 648 ...... 24914, 25305, 26510 180...... 24653 511...... 24372 660 ...... 23901, 23913, 23924 47 CFR 516...... 24372 209...... 24891 679 ...... 23925, 24615, 24667, 0...... 26997 532...... 24372 383...... 23844 24668, 27479 Ch. 1 ...... 25840 538...... 24372 384...... 23844 1 ...... 23417, 25841, 26997 546...... 24372 571...... 23614, 24664 Proposed Rules: 2...... 25512 552...... 24372 1510...... 27747 18...... 24700 52...... 25843 1802...... 23423 1511...... 27747 20...... 24324 73 ...... 23613, 23900, 23901, 1806...... 23423 1570...... 23852 216...... 24905 25512, 25542, 26220, 26497, 1815...... 23423 1572...... 23852 622...... 23686 27478 1816...... 23423 Proposed Rules: 648 ...... 23275, 23948, 23949, 74...... 25512, 26220 1843...... 23423 193...... 23272 24914, 27516, 27768, 27774 76...... 26997 1845...... 23424 571...... 26269, 26384 660...... 26557

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REMINDERS promulgation; various Performance and casualty The items in this list were COMMENTS DUE NEXT States: rules, Alternative Dispute editorially compiled as an aid WEEK Alabama; comments due by Resolution program, etc.; to Federal Register users. 5-27-03; published 4-24- miscellaneous Inclusion or exclusion from 03 [FR 03-10062] amendments; oral AGRICULTURE comments and hearing; this list has no legal DEPARTMENT California; comments due by 5-27-03; published 4-25- comments due by 5-30- significance. Food Safety and Inspection 03 [FR 03-10267] 03; published 4-8-03 [FR Service ENVIRONMENTAL 03-08611] Meat and poultry inspection: PROTECTION AGENCY HOMELAND SECURITY RULES GOING INTO Safe and suitable binder or Air quality implementation DEPARTMENT EFFECT MAY 21, 2003 antimicrobial agent usage plans; approval and in products with standards Coast Guard promulgation; various of identity or composition; Ports and waterways safety: DEFENSE DEPARTMENT States: comments due by 5-29- Hampton Roads, VA; Engineers Corps 03; published 4-29-03 [FR California; comments due by regulated navigation area; 5-30-03; published 4-30- Natural disaster procedures; 03-10392] comments due by 5-29- 03 [FR 03-10426] preparedness, response, COMMERCE DEPARTMENT 03; published 4-29-03 [FR ENVIRONMENTAL and recovery activities; National Oceanic and 03-10214] PROTECTION AGENCY published 4-21-03 Atmospheric Administration Port Valdez and Valdez Air quality implementation ENERGY DEPARTMENT Fishery conservation and Narrows, AK; security plans; approval and zone; comments due by Federal Energy Regulatory management: promulgation; various Alaska; fisheries of 5-27-03; published 3-27- Commission States: 03 [FR 03-07299] Exclusive Economic Florida; comments due by Electric utilities (Federal Power Zone— Portland Captain of Port Act), natural gas companies 5-27-03; published 4-24- Bering Sea and Aleutian Zone, OR; safety zones; (Natural Gas Act), and oil 03 [FR 03-10063] Islands groundfish; comments due by 5-27- pipeline companies ENVIRONMENTAL Pacific cod; comments 03; published 3-27-03 [FR (Interstate Commerce Act): PROTECTION AGENCY due by 5-27-03; 03-07300] Air quality implementation Asset retirement obligations; published 4-25-03 [FR Regattas and marine parades: plans; approval and accounting, financial 03-10282] Thunder on the Narrows reporting, and rate filing promulgation; various Caribbean, Gulf, and South States: boat races; comments requirements; published 4- Atlantic fisheries— due by 5-30-03; published Florida; comments due by 21-03 3-31-03 [FR 03-07545] Gulf of Mexico shrimp; 5-27-03; published 4-24- ENVIRONMENTAL comments due by 5-29- 03 [FR 03-10064] HOMELAND SECURITY PROTECTION AGENCY 03; published 4-29-03 DEPARTMENT [FR 03-10558] ENVIRONMENTAL Pesticides; tolerances in food, PROTECTION AGENCY Customs Service Northeastern United States animal feeds, and raw Andean Trade Promotion and fisheries— Air quality implementation agricultural commodities: plans; approval and Drug Eradication Act; Northeast multispecies; Indoxacarb; published 5-21- promulgation; various implementation; comments comments due by 5-27- 03 States: due by 5-27-03; published 03; published 4-24-03 Idaho and Oregon; 3-25-03 [FR 03-06867] Pyraflufen-ethyl; published [FR 03-10163] 5-21-03 comments due by 5-27- INTERIOR DEPARTMENT COMMERCE DEPARTMENT 03; published 4-24-03 [FR Minerals Management FEDERAL Patent and Trademark Office 03-10066] COMMUNICATIONS Service Patent cases: ENVIRONMENTAL COMMISSION Fee revisions (2004 FY); Outer Continental Shelf; oil, PROTECTION AGENCY gas, and sulphur operations: Radio services, special: comments due by 5-30- Air quality implementation Private land mobile 03; published 4-30-03 [FR plans; approval and OCS rights-of-use and services— 03-10583] promulgation; various easement and pipeline Trademarks: States: rights-of-way; Low power operations in requirements revision; Madrid Protocol Idaho and Oregon; 450-470 MHz band; comments due by 5-27- Implementation Act; rules comments due by 5-27- applications and 03; published 4-24-03 [FR of practice— 03; published 4-24-03 [FR licensing; published 4- 03-10173] 21-03 International applications 03-10067] and registrations; Royalty management: INTERIOR DEPARTMENT FEDERAL trademark-related filings; COMMUNICATIONS Marginal properties; Minerals Management comments due by 5-27- COMMISSION accounting and auditing Service 03; published 3-28-03 Radio stations; table of relief; comments due by Outer Continental Shelf; oil, [FR 03-07392] assignments: 5-30-03; published 3-31- 03 [FR 03-06703] gas, and sulfur operations: ENVIRONMENTAL California; comments due by American Petroleum Institute PROTECTION AGENCY 5-27-03; published 4-15- Relief or reduction in rates; Recommended Practice Air quality implementation 03 [FR 03-09164] deep gas provisions; 2A-WSD (21st edition); plans; approval and Florida; comments due by comments due by 5-27- incorporation by reference; promulgation; various 5-27-03; published 4-15- 03; published 3-26-03 [FR published 4-21-03 States: 03 [FR 03-09165] 03-07353] INTERIOR DEPARTMENT TRANSPORTATION Alabama; comments due by Texas; comments due by 5- DEPARTMENT 5-27-03; published 4-24- 27-03; published 4-15-03 Surface Mining Reclamation 03 [FR 03-10061] [FR 03-09170] and Enforcement Office Federal Aviation ENVIRONMENTAL FEDERAL MARITIME Administration Permanent program and PROTECTION AGENCY COMMISSION abandoned mine land Airworthiness directives: Air quality implementation Passenger vessel financial reclamation plan Boeing; published 4-16-03 plans; approval and responsibility: submissions:

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Kentucky; comments due by (EMBRAER); comments TRANSPORTATION 6043. This list is also 5-29-03; published 4-29- due by 5-29-03; published DEPARTMENT available online at http:// 03 [FR 03-10533] 4-29-03 [FR 03-10236] Federal Aviation www.nara.gov/fedreg/ plawcurr.html. SOCIAL SECURITY TRANSPORTATION Administration ADMINISTRATION DEPARTMENT Class E airspace; comments The text of laws is not Organization and procedures: Federal Aviation due by 5-30-03; published published in the Federal Assignment of Social Administration 4-23-03 [FR 03-10047] Register but may be ordered Security numbers for Airworthiness directives: TRANSPORTATION in ‘‘slip law’’ (individual nonwork purposes; DEPARTMENT pamphlet) form from the Pratt & Whitney; comments evidence requirements; Maritime Administration Superintendent of Documents, comments due by 5-27- due by 5-27-03; published U.S. Government Printing Coastwise trade laws; 03; published 3-26-03 [FR 3-25-03 [FR 03-06997] Office, Washington, DC 20402 administrative waivers for 03-07188] (phone, 202–512–1808). The Rolls-Royce plc; comments eligible vessels; comments text will also be made TRANSPORTATION due by 5-27-03; published due by 5-30-03; published available on the Internet from DEPARTMENT 3-25-03 [FR 03-07004] 4-30-03 [FR 03-10578] Textron Lycoming; GPO Access at http:// Federal Aviation TREASURY DEPARTMENT Administration comments due by 5-27- www.access.gpo.gov/nara/ Alcohol and Tobacco Tax nara005.html. Some laws may Airworthiness directives: 03; published 3-25-03 [FR and Trade Bureau not yet be available. Boeing; comments due by 03-06998] Alcohol; vitcultural area 5-27-03; published 5-1-03 TRANSPORTATION H.R. 289/P.L. 108–23 designations: [FR 03-10727] DEPARTMENT Ottawa National Wildlife Red Hill, Douglas County, TRANSPORTATION Refuge Complex Expansion Federal Aviation OR; comments due by 5- DEPARTMENT and Detroit River International Administration 27-03; published 4-24-03 Wildlife Refuge Expansion Act Federal Aviation Airworthiness standards: [FR 03-10095] Administration (May 19, 2003; 117 Stat. 704) Special conditions— VETERANS AFFAIRS Airworthiness directives: Last List May 16, 2003 Learjet Model 24/25 DEPARTMENT Bombardier; comments due Series airplanes; Adjudication; pensions, by 5-29-03; published 4- comments due by 5-29- compensation, dependency, 29-03 [FR 03-10235] 03; published 4-29-03 etc.: Public Laws Electronic Notification Service TRANSPORTATION [FR 03-10450] Chronic lymphocytic DEPARTMENT (PENS) TRANSPORTATION leukemia; presumptive Federal Aviation DEPARTMENT service connection; Administration comments due by 5-27- PENS is a free electronic mail Airworthiness directives: Federal Aviation 03; published 3-26-03 [FR Administration notification service of newly CFM International; 03-07221] enacted public laws. To comments due by 5-27- Class E airspace; comments subscribe, go to http:// 03; published 3-25-03 [FR due by 5-29-03; published listserv.gsa.gov/archives/ 03-07003] 3-31-03 [FR 03-07663] LIST OF PUBLIC LAWS publaws-l.html TRANSPORTATION TRANSPORTATION DEPARTMENT DEPARTMENT This is a continuing list of Note: This service is strictly public bills from the current for E-mail notification of new Federal Aviation Federal Aviation session of Congress which laws. The text of laws is not Administration Administration have become Federal laws. It available through this service. Airworthiness directives: Class E airspace; comments may be used in conjunction PENS cannot respond to Empresa Brasileira de due by 5-30-03; published with ‘‘PLUS’’ (Public Laws specific inquiries sent to this Aeronautica, S.A. 4-15-03 [FR 03-09179] Update Service) on 202–741– address.

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