10–4–02 Vol. 67 No. 193 Friday Oct. 4, 2002 Pages 62165–62310

10–4–02 Friday Vol. 67 No. 193 Oct. 4, 2002 Pages 62165–62310

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1 II Federal Register / Vol. 67, No. 193 / Friday, October 4, 2002

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2 III

Contents Federal Register Vol. 67, No. 193

Friday, October 4, 2002

Agriculture Department Education Department See Animal and Plant Health Inspection Service NOTICES Grants and cooperative agreements; availability, etc.: Animal and Plant Health Inspection Service Special education and rehabilitative services— RULES Experimental and Innovative Training Program, 62307– Exportation and importation of animals and animal 62309 products: Meetings: Bovine spongiform encephalopathy; disease status Institutional Quality and Integrity National Advisory change— Committee, 62234–62238 Poland, 62171 Employment Standards Administration Army Department NOTICES NOTICES Minimum wages for Federal and federally-assisted Patent licenses; non-exclusive, exclusive, or partially construction; general wage determination decisions, exclusive: 62266–62268 Easy access dental field operating and treatment system having over-the-patient delivery; correction, 62292 Energy Department See Federal Energy Regulatory Commission Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Agency information collection activities: See Committee for Purchase From People Who Are Blind Submission for OMB review; comment request, 62238 or Severely Disabled Grants and cooperative agreements; availability, etc.: Phytoremediation Research Joint Interagency Program, Centers for Medicare & Medicaid Services 62238–62241 NOTICES Meetings: Agency information collection activities: Environmental Management Site-Specific Advisory Proposed collection; comment request, 62248–62249 Board— Submission for OMB review; comment request, 62249 Savannah River Site, SC, 62241

Civil Rights Commission Environmental Protection Agency NOTICES RULES Meetings; Sunshine Act, 62225 Air quality implementation plans; approval and promulgation; various States; air quality planning Coast Guard purposes; designation of areas: RULES Massachusetts, 62184–62189 Ports and waterways safety: Air quality implementation plans; approval and Milwaukee Captain of Port Zone, WI; safety zone, 62178 promulgation; various States: Massachusetts, 62179–62184 Commerce Department PROPOSED RULES See Industry and Security Bureau Air quality implementation plans; approval and See International Trade Administration promulgation; various States; air quality planning See National Oceanic and Atmospheric Administration purposes; designation of areas: Massachusetts, 62222 Committee for Purchase From People Who Are Blind or Air quality implementation plans; approval and Severely Disabled promulgation; various States: NOTICES Massachusetts, 62221–62222 Procurement list; additions and deletions, 62224–62225 NOTICES Agency information collection activities: Commodity Futures Trading Commission Reporting and recordkeeping requirements, 62243–62244 NOTICES Environmental statements; availability, etc.: Reports and guidance documents; availability, etc.: Agency statements— Information disseminated by Federal agencies; quality, Comment availability, 62244 objectivity, utility, and integrity guidelines, 62234 Weekly receipts, 62244 Superfund; response and remedial actions, proposed Council on Environmental Quality settlements, etc.: RULES Marina Cliffs/Northwestern Barrel Site, WI, 62244–62245 Environmental Quality Office Management Fund; policies and procedures, 62189–62190 Environmental Quality Council See Council on Environmental Quality Defense Department See Army Department Executive Office of the President See Navy Department See Council on Environmental Quality

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See Presidential Documents Federal Transit Administration NOTICES Farm Credit Administration Transportation management areas designation, 62285– NOTICES 62290 Meetings; Sunshine Act, 62245–62246 Fish and Wildlife Service Federal Aviation Administration RULES PROPOSED RULES Importation, exportation, and transportation of wildlife: Air carrier certification and operations: Injurious wildlife— Transport category airplanes— Snakehead fishes (family Channidae), 62193–62204 NOTICES Passenger and flight attendant seats; improved Environmental statements; availability, etc.: crashworthiness, 62293–62306 Incidental take permits— Airworthiness directives: Douglas County, CO; Preble’s meadow jumping mouse, MORAVAN a.s., 62215–62218 NOTICES 62259 Agency information collection activities: Food and Drug Administration Proposed collection; comment request, 62279–62280 Meetings: RULES Food for human consumption: Aging Transport Systems Rulemaking Advisory White chocolate; identity standard, 62171–62178 Committee, 62280 PROPOSED RULES Aviation Rulemaking Advisory Committee, 62280–62281 Human drugs: Passenger facility charges; applications, etc.: Ingrown toenail relief products (OTC), 62218–62221 Texarkana, AR, et al., 62281–62285 NOTICES Agency information collection activities: Federal Communications Commission Proposed collection; comment request, 62249–62251 NOTICES Reporting and recordkeeping requirements, 62251–62252 Meetings: Reports and guidance documents; availability, etc.: Telecommunications industry; steps toward recovery; en FDA Modernization Act of 1997— banc hearing, 62246 Least Burdensome Provisions; Concept and Principles, 62252–62253 Federal Energy Regulatory Commission NOTICES General Services Administration Environmental statements; availability, etc.: NOTICES International Paper Co., 62241–62242 Meetings: Southern California Edison Co., 62242 Governmentwide Per Diem Advisory Board, 62247 Practice and procedure: President’s Homeland Security Advisory Council, 62247 Off-the-record communications, 62242–62243 Geological Survey Federal Highway Administration NOTICES NOTICES Reports and guidance documents; availability, etc.: Transportation management areas designation, 62285– Information disseminated by Federal agencies; quality, 62290 objectivity, utility, and integrity guidelines, 62259 Health and Human Services Department Federal Maritime Commission See Centers for Medicare & Medicaid Services NOTICES See Food and Drug Administration Meetings; Sunshine Act, 62246 See National Institutes of Health Reports and guidance documents; availability, etc.: NOTICES Information disseminated by Federal agencies; quality, Grant and cooperative agreement awards: objectivity, utility, and integrity guidelines, 62246 Chickasaw Nation, 62247–62248 Meetings: Federal Motor Carrier Safety Administration Minority Health Advisory Committee, 62248 RULES Hazardous materials transportation; driving and parking Housing and Urban Development Department rules: NOTICES Motor carriers transporting hazardous materials; periodic Agency information collection activities: tire check requirement, 62191–62192 Submission for OMB review; comment request, 62257– 62259 Federal Reserve System PROPOSED RULES Industry and Security Bureau Credit by brokers and dealers (Regulation T): NOTICES Treatment of stock futures held by customers at security Export privileges, actions affecting: futures intermediary, 62214–62215 Talyi, Yaudat Mustafa, et al., 62225–62226 NOTICES Banks and bank holding companies: Interior Department Change in bank control, 62246 See Fish and Wildlife Service Formations, acquisitions, and mergers, 62246–62247 See Geological Survey

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See National Park Service National Institute of Allergy and Infectious Diseases, See Reclamation Bureau 62256 National Institute of Mental Health, 62255–62257 International Trade Administration Senior Executive Service: NOTICES Performance Review Board; membership, 62257 Antidumping: Persulfates from— National Oceanic and Atmospheric Administration China, 62226–62227 RULES Stainless steel bar from— Fishery conservation and management: Japan, 62227–62228 Alaska; fisheries of Exclusive Economic Zone— Stainless steel sheet and strip in coils from— Overfished fisheries, 62212–62213 Germany, 62228–62229 West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 62204–62212 International Trade Commission PROPOSED RULES NOTICES Fishery conservation and management: Import investigations: Magnuson-Stevens Act provisions— Barium carbonate from— Domestic fisheries; exempted fishing permit China, 62263–62264 applications, 62222–62223 Panel fasteners, products containing same, and NOTICES components, 62264–62265 Endangered and threatened species: Anadromous fish take— Justice Department Makah Indian Tribe, WA; Ozette Lake sockeye salmon, NOTICES 62229–62230 Agency information collection activities: Recovery plans— Proposed collection; comment request, 62265–62266 Johnson’s seagrass, 62230–62233 Reports and guidance documents; availability, etc.: Permits: Information disseminated by Federal agencies; quality, Marine mammals, 62233–62234 objectivity, utility, and integrity guidelines, 62266 National Park Service Labor Department NOTICES National Register of Historic Places: See Employment Standards Administration NOTICES Pending nominations, 62259–62262 Committees; establishment, renewal, termination, etc.: Navy Department Veterans Employment and Training Advisory Committee, NOTICES 62266 Meetings: Planning and Steering Advisory Committee, 62234 National Aeronautics and Space Administration RULES Nuclear Regulatory Commission Acquisition regulations: NOTICES Contract numbering, 62190–62191 Meetings: NOTICES Hemyc (1-hour) and MT (3-hour) fire protection wrap; Patent licenses; non-exclusive, exclusive, or partially fire testing performance; comment request, 62274 exclusive: Reports and guidance documents; availability, etc.: Polyumac Technology, Inc., 62268 Uranium milling licenses termination in Agreement States; comment request, 62274–62275 National Archives and Records Administration Applications, hearings, determinations, etc.: NOTICES Exelon Generation Co., LLC, 62270–62272 Agency records schedules; availability, 62268–62270 South Carolina Electric & Gas Co., 62272–62273 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, Occupational Safety and Health Review Commission objectivity, utility, and integrity guidelines, 62270 NOTICES Reports and guidance documents; availability, etc.: National Council on Disability Information disseminated by Federal agencies; quality, NOTICES objectivity, utility, and integrity guidelines, 62275 Meetings: International Watch Advisory Committee, 62270 Postal Service RULES National Institutes of Health Program Fraud Civil Remedies Act; implementation: NOTICES Judicial Officer; rules of practice in proceedings, 62178– Agency information collection activities: 62179 Proposed collection; comment request, 62253 Environmental statements; notice of intent: Presidential Documents Ravalli County, MT; Rocky Mountain Laboratories; new PROCLAMATIONS containment laboratory, 62253–62254 Special observances: Meetings: National Breast Cancer Awareness Month (Proc. 7599), Menopausal hormone therapy; scientific workshop, 62254 62165–62166 National Eye Institute, 62255 National Disability Employment Awareness Month (Proc. National Heart, Lung, and Blood Institute, 62255 7600), 62167–62168

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National Domestic Violence Awareness Month (Proc. Transportation Department 7601), 62169–62170 See Coast Guard See Federal Aviation Administration Public Health Service See Federal Highway Administration See Food and Drug Administration See Federal Motor Carrier Safety Administration See National Institutes of Health See Federal Transit Administration Railroad Retirement Board NOTICES Treasury Department Agency information collection activities: NOTICES Submission for OMB review; comment request, 62275 Privacy Act: Systems of records, 62290–62291 Reclamation Bureau NOTICES Environmental statements; notice of intent: Veterans Affairs Department Carlsbad Project, NM; water operations and water supply NOTICES conservation, 62262–62263 Agency information collection activities: Submission for OMB review; comment request, 62291 Securities and Exchange Commission NOTICES Securities: Separate Parts In This Issue Suspension of trading— Nationwide Capital Corp., 62276 Self-regulatory organizations; proposed rule changes: Part II American Stock Exchange LLC, 62276 Transportation Department, Federal Aviation Cincinnati Stock Exchange, Inc., 62276–62278 Administration, 62293–62306 New York Stock Exchange, Inc., 62278–62279 Small Business Administration Part III RULES Education Department, 62307–62309 Small business size standards: North American Industry Classification system; adoption Correction, 62292 NOTICES Reader Aids Disaster loan areas: Consult the Reader Aids section at the end of this issue for Louisiana, 62279 phone numbers, online resources, finding aids, reminders, Wisconsin, 62279 and notice of recently enacted public laws. Tennessee Valley Authority To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Reports and guidance documents; availability, etc.: listserv.access.gpo.gov and select Online mailing list Information disseminated by Federal agencies; quality, archives, FEDREGTOC-L, Join or leave the list (or change objectivity, utility, and integrity guidelines, 62279 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: 7599...... 62165 7600...... 62167 7601...... 62169 9 CFR 94...... 62171 12 CFR Proposed Rules: 220...... 62214 13 CFR 121...... 62292 14 CFR Proposed Rules: 39...... 62215 121...... 62294 21 CFR 163...... 62171 Proposed Rules: 310...... 62218 358...... 62218 33 CFR 165...... 62178 39 CFR 952...... 62178 957...... 62178 958...... 62178 960...... 62178 962...... 62178 964...... 62178 965...... 62178 40 CFR 52 (2 documents) ...... 62179, 62184 81...... 62184 1518...... 62189 Proposed Rules: 52 (2 documents) ...... 62221, 62222 81...... 62222 48 CFR 1804...... 62190 49 CFR 397...... 62191 50 CFR 16...... 62193 600...... 62204 660...... 62204 679...... 62212 Proposed Rules: 600...... 62222

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Federal Register Presidential Documents Vol. 67, No. 193

Friday, October 4, 2002

Title 3— Proclamation 7599 of October 1, 2002

The President National Breast Cancer Awareness Month, 2002

By the President of the United States of America

A Proclamation During National Breast Cancer Awareness Month, we recognize the progress being made towards a cure for this disease, which robs so many women of their health and, in too many cases, their lives. This year, an estimated 203,000 American women will be diagnosed with breast cancer, and almost 40,000 will die. Although we have made great medical strides in understanding breast cancer, much remains to be done to advance prevention, early detection, and effective treatment. Regular screenings remain the most effective way to identify breast cancer in its earliest and most treatable stages. For women 40 and over, having mammograms every 1 to 2 years can reduce the risk of dying from breast cancer. To ensure mammography is available to all American women, the Centers for Disease Control and Prevention (CDC) provides screening and treatment services through the National Breast and Cervical Cancer Early Detection Program. Now in its 12th year, this Program has offered free and low-cost mammograms to almost 1.5 million low-income and minority women across our country. In addition, the Federal Breast and Cervical Cancer Prevention and Treatment Act allows States to expand Medicaid coverage to low-income, uninsured women who were screened through the CDC program and found to need treatment for breast or cervical cancer. To date, the Department of Health and Human Services has approved this Medicaid eligibility in 45 States. To prevent breast cancer, we must increase awareness of its risk factors and causes. Age and genetic factors have been shown to increase the risk of breast cancer. And researchers are now exploring how diet and hormonal factors are linked to possible causes. This information will help women and their doctors make informed health care choices. My Administration continues to support research efforts to discover a cure and advance our understanding of breast cancer. The National Cancer Insti- tute invested more than $475 million last year on breast cancer research, and we will devote an estimated $535.8 million this year and approximately $604.3 million next year. In addition to these important funding increases taken by my Administration, Americans have raised more than $23 million over the past 4 years by purchasing the Breast Cancer Research stamp, which will be available until December 31, 2003, from the United States Postal Service. I also commend all of the private and nonprofit groups, especially everyone who has worked on the Susan G. Komen Race for the Cure, for all their efforts and contributions in the fight against breast cancer. Much of this funding is directed towards clinical trials dedicated to finding new and more effective ways of preventing, detecting, and treating breast cancer. America is grateful to the brave and generous women who help fight this disease by participating in clinical trials. Researchers rely on these courageous patients, who help us learn about the safety and effectiveness of new approaches of treatment and, in doing so, bring us closer to eliminating this terrible disease.

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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 October 2002 as National Breast Cancer Awareness Month. I call upon government officials, businesses, communities, healthcare professionals, educators, volunteers, and all the people of the United States to publicly reaffirm our Nation’s strong and continuing commitment to controlling and curing breast cancer. IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh. W

[FR Doc. 02–25466 Filed 10–3–02; 8:45 am] Billing code 3195–01–P

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Proclamation 7600 of October 1, 2002

National Disability Employment Awareness Month, 2002

By the President of the United States of America

A Proclamation

All of our citizens should have the opportunity to live and work with dignity and freedom. Every October, we observe National Disability Employ- ment Awareness Month, to recognize the talents, skills, and dedication of disabled Americans who are a vital part of our workforce. During this month, we reaffirm our commitment to ensuring that people with disabilities who want to work can receive the training they need to achieve their goal. This year marks the 12th anniversary of the Americans with Disabilities Act of 1990 (ADA). The ADA has allowed disabled persons to participate more fully in our society; and it has opened doors for countless Americans by removing barriers, improving employment opportunities, expanding government services, and regulating public accommodations, transportation, and telecommunications. Much work remains to be done; for many individuals with disabilities still find it difficult to pursue an education, obtain a job, or own a home. My Administration remains committed to helping America’s more than 50 million disabled persons to obtain meaningful work and to achieve the ADA’s promise of equality of opportunity, independent living, and economic self-sufficiency. Last year, I announced my New Freedom Initiative to promote these goals. It is a comprehensive plan that fosters the full participation of people with disabilities in all aspects of American life. This initiative provides increased access to innovative assistive technologies, expands educational options, increases access to gainful employment, and promotes full access to community life. My Administration continues to enforce the ADA and is working with employers to build partnerships that support creative job accommodations and provide all Americans with meaningful and successful careers. Breaking down barriers requires this kind of cooperative, sustained, and consistent effort. We must continue to work for an America where all individuals are respected for who they are, celebrated for their abilities, and encouraged to realize their full potential and achieve their dreams. By joint resolution approved August 11, 1945, as amended (36 U.S.C. 121), the Congress has, each year since 1945, called upon this Nation to recognize the contributions that workers with disabilities have made, and requested the President to issue a proclamation calling for appropriate ceremonies and activities. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim October 2002 as National Disability Employ- ment Awareness Month. I call upon all government leaders, labor leaders, and employers to collaborate to ensure the full inclusion of our Nation’s persons with disabilities in the 21st century workforce.

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IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh. W

[FR Doc. 02–25467 Filed 10–3–02; 8:45 am] Billing code 3195–01–P

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Proclamation 7601 of October 1, 2002

National Domestic Violence Awareness Month, 2002

By the President of the United States of America

A Proclamation

Domestic violence in America is intolerable and must be stopped. According to the 2000 National Crime Victimization Survey, almost 700,000 incidents of violence between partners were documented in our Nation, and thousands more go unreported. And in the past quarter century, almost 57,000 Ameri- cans were murdered by a partner. Children who witness domestic violence often grow up believing that physical cruelty in relationships is acceptable behavior, and thus they may tend to perpetuate a cycle of violence in society. Many Federal, State, and local programs addressing the domestic violence problem have achieved success, bringing greater safety to families. The success of coordinated community-based efforts is helping us win the battle against domestic violence. Community leaders, police, judges, advocates, healthcare workers, and concerned Americans are working together across America to develop solutions to this serious problem and to implement services that will improve our responses when it occurs. For example, many police departments and district attorneys offices have created specialized domestic violence units that cooperate with community advocates to enhance services for victims; and representatives from the faith community frequently provide essential support in areas where there may be no other services available. Programs designed to educate men and women about ways they can help prevent domestic violence are being developed across our Nation. Every citizen has the ability to aid and assist those suffering from domestic abuse and to let victims know that support is available through shelters, hotlines, and other services. To better assist victims in need, my Administration recently implemented funding for new programs to improve outreach and services for people who are older or who have disabilities. We have also intensified our efforts to provide meaningful access to Federally sponsored programs for individuals with limited English proficiency, making it easier for them to escape violence, report crime, and gain access to community services. We must continue to hold domestic abusers accountable; we must punish them to the full extent of the law; and we must prevent them from inflicting more abuse. Protective orders are helpful and can be enforced in every jurisdiction in our country, which means their power extends across State lines and onto tribal lands. This legal authority makes it easier for police and prosecutors to keep aggressors away from their intended targets. Many abusers become more dangerous after court-enforced separation from their victims and often use visitation or exchange of children as an opportunity to inflict abuse. We are working to expand programs that improve the safety of family members in these situations. During Domestic Violence Awareness Month, I urge all Americans to join together in recommitting themselves to eliminating domestic violence and reaching out to its victims, letting them know that help is available. With

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dedication and vigilance, we can increase safety for thousands of our citizens and bring hope to countless Americans. 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 October 2002 as National Domestic Violence Awareness Month. I urge all Americans to become a part of the coordinated community response to domestic violence and to send the message that this crime will not be tolerated in our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh. W

[FR Doc. 02–25468 Filed 10–3–02; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 67, No. 193

Friday, October 4, 2002

This section of the FEDERAL REGISTER regulations) govern the importation of 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, contains regulatory documents having general certain animals, birds, poultry, meat, 2.80, and 371.4. applicability and legal effect, most of which other animal products and byproducts, Done in Washington, DC, this 30th day of are keyed to and codified in the Code of hay, and straw into the United States in September 2002 . Federal Regulations, which is published under order to prevent the introduction of 50 titles pursuant to 44 U.S.C. 1510. Peter Fernandez, various animal diseases, including Acting Administrator, Animal and Plant The Code of Federal Regulations is sold by bovine spongiform encephalopathy Health Inspection Service. the Superintendent of Documents. Prices of (BSE). [FR Doc. 02–25247 Filed 10–3–02; 8:45 am] new books are listed in the first FEDERAL In an interim rule effective May 5, BILLING CODE 3410–34–P REGISTER issue of each week. 2002, and published in the Federal Register on July 1, 2002 (67 FR 44016– 44018, Docket No. 02–068–1), we DEPARTMENT OF AGRICULTURE DEPARTMENT OF HEALTH AND amended the regulations in § 94.18(a)(1) HUMAN SERVICES by adding Poland to the list of regions Animal and Plant Health Inspection where BSE exists. Poland had Food and Drug Administration Service previously been listed in § 94.18(a)(2) as a region that presents an undue risk of 21 CFR Part 163 9 CFR Part 94 introducing BSE into the United States. [Docket Nos. 86P–0297 and 93P–0091] [Docket No. 02–068–2] However, due to the detection of BSE in a native-born animal in that region, the Change in Disease Status of Poland White Chocolate; Establishment of a interim rule was necessary to update the Standard of Identity Because of BSE disease status of Poland regarding BSE. Comments on the interim rule were AGENCY: Food and Drug Administration, AGENCY: Animal and Plant Health required to be received on or before HHS. Inspection Service, USDA. August 30, 2002. We received one ACTION: Final rule. ACTION: Affirmation of interim rule as comment by that date. The commenter final rule. fully supported the interim rule. SUMMARY: The Food and Drug Therefore, for the reasons given in the Administration (FDA) is establishing a SUMMARY: We are adopting as a final interim rule, we are adopting the standard of identity for white chocolate. rule, without change, an interim rule interim rule as a final rule. This standard will provide for the use that amended the regulations by adding This action also affirms the of the term ‘‘white chocolate’’ as the Poland to the list of regions where information contained in the interim common or usual name of products bovine spongiform encephalopathy rule concerning Executive Order 12866 made from cacao fat (i.e., cocoa butter), exists because the disease had been and the Regulatory Flexibility Act, milk solids, nutritive carbohydrate detected in a native-born animal in that Executive Order 12988, and the sweeteners, and other safe and suitable region. Poland had already been listed Paperwork Reduction Act. ingredients, but containing no nonfat among the regions that present an Further, for this action, the Office of cacao solids. The standard for white undue risk of introducing bovine Management and Budget has waived its chocolate will promote honesty and fair spongiform encephalopathy into the review under Executive Order 12866. dealing in the interest of consumers United States, so the effect of the and, to the extent practicable, will List of Subjects in 9 CFR Part 94 interim rule was a continued restriction achieve consistency with existing on the importation of ruminants, meat, Animal diseases, Imports, Livestock, international standards of identity for meat products, and certain other Meat and meat products, Milk, Poultry white chocolate. This standard is products of ruminants that have been in and poultry products, Reporting and established in response to citizen Poland. The interim rule was necessary recordkeeping requirements. petitions submitted separately by the in order to update the disease status of Hershey Foods Corp. (Hershey) and by Poland regarding bovine spongiform PART 94—RINDERPEST, FOOT-AND- the Chocolate Manufacturers encephalopathy. MOUTH DISEASE, FOWL PEST (FOWL Association of the United States of PLAGUE), EXOTIC NEWCASTLE EFFECTIVE DATE: The interim rule America (CMA). DISEASE, AFRICAN SWINE FEVER, became effective on May 5, 2002. DATES: HOG CHOLERA, AND BOVINE This rule is effective January 1, FOR FURTHER INFORMATION CONTACT: Dr. SPONGIFORM ENCEPHALOPATHY: 2004. This rule is applicable to all Gary Colgrove, Chief Staff Veterinarian, PROHIBITED AND RESTRICTED affected products initially introduced or Sanitary Trade Issues Team, National IMPORTATIONS initially delivered for introduction into Center for Import and Export, VS, interstate commerce on or after January APHIS, 4700 River Road Unit 38, Accordingly, we are adopting as a 1, 2004. Voluntary compliance may Riverdale, MD 20737–1231; (301) 734– final rule, without change, the interim begin immediately. 4356. rule that amended 9 CFR part 94 and FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: that was published at 67 FR 44016 on Geraldine A. June, Center for Food July 1, 2002. Safety and Applied Nutrition (HFS– Background Authority: 7 U.S.C. 450, 7711–7714, 7751, 822), Food and Drug Administration, The regulations in 9 CFR parts 93, 94, 7754, 8303, 8306, 8308, 8310, 8311, and 5100 Paint Branch Pkwy., College Park, 95, and 96 (referred to below as the 8315; 21 U.S.C. 136 and 136a; 31 U.S.C. MD 20740, 301–436–2371.

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SUPPLEMENTARY INFORMATION: marketability of such products. Based will no longer be required for white on these tentative conclusions, FDA chocolate products. I. Background published a proposed rule to establish a We disagree with the assertion that In the Federal Register of March 10, standard of identity for ‘‘white TMPs are not needed to market white 1997 (62 FR 10781), FDA published a chocolate,’’ consistent with the product chocolate products in the absence of a proposal to establish a standard of described in the petitions (62 FR 10781 standard of identity. A product labeled identity for white chocolate. The at 10786). as ‘‘white chocolate’’ contains the term proposal responded to petitions FDA received seven responses to the ‘‘chocolate,’’ an alternative submitted separately by Hershey and by proposal, each containing one or more nomenclature for chocolate liquor that CMA. The petitions requested that FDA comments. Six responses were from indicates the presence of cacao-derived establish a standard of identity for companies that manufacture or market ingredients. All existing chocolate ‘‘white chocolate.’’ Both Hershey and chocolate products, and the other was standards include the cacao-derived CMA described ‘‘white chocolate’’ as a from a trade association. Most of the ingredient chocolate liquor, which food that deviates from the standardized comments supported the establishment contains both the nonfat and the fat cacao products in part 163 (21 CFR part of a standard of identity for white components of the cacao nibs. In 163) in that: (1) It is prepared without chocolate. Other comments either contrast, the cacao-derived ingredient the nonfat components of the ground opposed the establishment of a standard contained in products that consumers cacao nibs but contains the fat (cocoa of identity for white chocolate or have come to know as ‘‘white butter) expressed from the ground cacao suggested modifications or revisions to chocolate’’ is cacao fat (i.e., cocoa nibs; and (2) it may contain safe and various provisions of the proposed butter), not chocolate liquor. Because suitable antioxidants. The petitioners standard. the term ‘‘chocolate’’ implies that the further described ‘‘white chocolate’’ as After considering the comments, FDA product contains cacao-derived the solid or semiplastic food prepared concludes that issuing a food standard ingredients similar to those in by mixing and grinding cocoa butter for white chocolate will promote standardized chocolate products, in the with one or more nutritive sweeteners honesty and fair dealing in the interest absence of a standard of identity or and one or more of the optional dairy of consumers. Specifically, a food TMP, the product described in the ingredients provided in part 163. The standard for white chocolate will permit proposed standard could not use the petitioners stated that ‘‘white chocolate’’ the sale of a product labeled ‘‘white term ‘‘chocolate’’ on its labeling. contains not less than 20 percent cocoa chocolate’’ without TMPs and ensure Specifically, a product labeled ‘‘white butter, not less than 14 percent of total that such products contain cacao- chocolate’’ would purport to be milk solids, not less than 3.5 percent derived ingredients. The standard will chocolate, but it would not comply with milkfat, and not more than 55 percent distinguish white chocolate from the the current food standards for cacao nutritive carbohydrate sweeteners. other standardized chocolate products, products in part 163. Therefore, the The petitioners maintained that a which contain chocolate liquor. Also, by product would be misbranded under standard of identity for ‘‘white eliminating requirements for TMPs, the section 403(g) of the Federal Food, Drug, chocolate’’ would provide several standard will benefit consumers by and Cosmetic Act (the act) (21 U.S.C. benefits: (1) Reducing economic allowing manufacturers to introduce 343 (g)). deception and promoting honesty and white chocolate more quickly. Finally, (Comment 2) The one comment that fair dealing in the interest of consumers, the white chocolate food standard, objected to the establishment of a (2) increasing the availability of which is consistent with the standards standard of identity for white chocolate products containing white chocolate by of Canada, the European Union (EU), suggested that FDA should reconsider eliminating the requirement that firms and Codex Alimentarius Commission the need for a standard of identity and receive temporary marketing permits (Codex), will promote international should regulate white chocolate like (TMPs), and (3) enhancing the harmonization. other nonstandardized products. The international marketability of white comment maintained that: (1) Only a II. Comments and the Agency’s chocolate by establishing a standard few foods are currently governed by Response consistent with international standards standards of identity; (2) most existing for white chocolate. (Comment 1) One comment opposed standards were adopted more than 25 Based on FDA’s review of the creating a standard of identity for white years ago; (3) thousands of newly information provided in the petitions, chocolate. The comment contended that introduced foods have been regulated we (FDA) tentatively concluded that it a TMP is not required to sell white successfully under common or usual would be reasonable to establish a chocolate in the United States because name regulations part 102 (21 CFR part standard of identity for ‘‘white the name ‘‘white chocolate’’ is 102) and under general misbranding chocolate.’’ We tentatively concluded sufficiently different from the names of provisions (section 403 of the act); and that use of the term would aid consumer standardized chocolate products. Thus, (4) standards do not play the same role recognition of the food and would the comment contended, elimination of in the regulatory scheme as they did promote honesty and fair dealing in the the TMP process is not a valid many years ago when product names interest of consumers by eliminating the justification for the establishment of a were the primary source of product potential for economic fraud and standard of identity. The comment information for consumers. The consumer deception through the maintained that FDA is promoting the comment credited the success of using substitution of cheaper ingredients for use of TMPs for all new products that common or usual name regulations and cacao-derived ingredients. Furthermore, may be perceived as variations of general misbranding provisions to the agency tentatively concluded that: existing standardized products, no regulate nonstandardized foods to the (1) Consumer confusion created by the matter how easily distinguishable they additional ingredient and nutrition use of alternative names for white may be, and even though there is no information now required on food chocolate-type confections would also consumer confusion or deception. The labels. The comment pointed out that be eliminated and (2) use of the comment further maintained that FDA even though there is a standard for standardized term ‘‘white chocolate’’ could conserve agency resources by French dressing, there is no standard for would enhance the international giving guidance that the TMP process ranch dressing. Analogously, the

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comment asserted that white chocolate regulation using ‘‘informal’’ notice and other nonstandardized foods on the is not inherently different from the comment rulemaking, rather than the market. The comment asserted that, in thousands of other nonstandardized lengthy formal rulemaking procedures the absence of such evidence, FDA has foods and, therefore, there is no need for required for food standards. Since no grounds for creating a standard of a standard of identity for white passage of the Nutrition Labeling and identity for white chocolate because the chocolate. Education Act of 1990 (Public Law 101– statutory threshold for regulation is not FDA does not agree that a common or 35), which amended the act, FDA can satisfied, i.e., that a standard of identity usual name regulation for white establish new standards of identity for for white chocolate would promote chocolate is sufficient to ensure honesty most foods by ‘‘informal’’ notice and honesty and fair dealing in the interest and fair dealing in the interest of comment rulemaking proceedings. In of consumers. The comment contended consumers. First, FDA disagrees with view of this change, FDA does not see that FDA is maintaining and extending the assertion that there are only a few any benefit to establishing a common or food standards without consideration of standards of identity and that many usual name regulation instead of a food their actual utility or consumer benefit, more foods are regulated under common standard to ensure that the product and without regard to the labeling or usual name regulations. There are known as ‘‘white chocolate’’ contains requirements now in effect. Therefore, over 280 standards of identity, but there cacao-derived ingredients. the comment urged FDA to regulate are only 16 common or usual name Finally, FDA agrees that there are white chocolate as a nonstandardized regulations. many products on the market that are food and not to establish a standard of When deciding whether it is regulated without standards of identity. identity for white chocolate. appropriate to establish a standard of However, we disagree with the FDA disagrees with the comment’s identity or a common or usual name comment’s suggestion that requirements assertion that a standard of identity is regulation, FDA must consider which is imposed after most of the food not needed to sell a product bearing the more likely to ensure that consumers are standards were created have rendered name ‘‘white chocolate.’’ Our reasoning not deceived or misled. Food standards food standards unnecessary. The as to why a food standard or TMP is are appropriate and necessary when nutrition information that is required on required to label a product as ‘‘white there is a need to prescribe the entire the labels of standardized and chocolate’’ is set forth in response to compositional requirement for a food, in nonstandardized foods gives consumers comment 1, section II of this document. addition to the name of the food. In information on the levels of nutrients in In short, absent a food standard or TMP, contrast, common or usual name products to assist them in making a food labeled ‘‘white chocolate’’ regulations are appropriate if there is a purchasing choices related to nutrient purports to be chocolate, which is the need simply to establish a uniform and content. Nutrition information does not subject of a food standard under informative name for the food. inform consumers of a product’s § 163.111(c) requiring that the product Because products bearing the name formulation. In addition, ingredient be prepared by finely grinding cacao ‘‘chocolate’’ would be expected to labeling alone may be insufficient to nibs (contains both the nonfat and fat contain some cacao-derived ingredients, differentiate two standardized products. components). The product is we believe that it is necessary to ensure For example, the ingredient lists for misbranded in violation of section that ‘‘white chocolate’’ contains cacao- both milk chocolate and sweet chocolate 403(g) of the act because it does not derived ingredients. If FDA establishes may be identical (containing chocolate, conform to the definition and standard a common or usual name regulation for nutritive carbohydrate sweeteners, and ‘‘white chocolate,’’ rather than a dairy products). for chocolate in that it does not contain standard of identity, it would be (Comment 3) The comment that the nonfat portion of the cacao nibs. necessary to include in the common or opposed creation of a food standard Furthermore, we disagree with the usual name a statement of the further stated that, from a legal comment that there is no legal basis on percentage of the characterizing perspective, a standard of identity is not which to establish a food standard for ingredient, cacao fat, as provided in needed to authorize the sale of white white chocolate. The term ‘‘chocolate’’ § 102.5(b). We disagree that establishing chocolate in this country because: (1) has traditionally been used for a common or usual name in this manner White chocolate is an appropriately standardized foods that contain cacao- is the appropriate way to protect descriptive statement of identity, derived ingredients, specifically consumers’ interests. The required independent of existing standards; (2) chocolate liquor (§ 163.111). These additional labeling regarding the name the name ‘‘white chocolate’’ is standardized foods include sweet and percentage of the characterizing sufficiently different from the names of chocolate (§ 163.123), milk chocolate ingredient, cacao fat, in the common or other chocolate products; (3) white (§ 163.130), buttermilk chocolate usual name might be confusing to chocolate does not purport to be a (§ 163.135), skim milk chocolate consumers, especially because the standardized food; (4) the identity and (§ 163.140), mixed dairy product amount of cacao fat would be disclosed fundamental positioning of white chocolate (§ 163.145), sweet chocolate differently than the amount of total fat chocolate are predicated on the and vegetable fat coating (§ 163.153), in the nutrition label. A food standard difference between white chocolate and and milk chocolate and vegetable fat eliminates the need for additional chocolate; and (5) the appearance of coating (§ 163.155). Because of this labeling. Therefore, FDA concludes that white chocolate is in such stark contrast longstanding practice, consumers expect the appropriate way to ensure the to traditional chocolate, which is brown that products bearing names that composition of ‘‘white chocolate’’ and in color, as to guarantee that no include the term ‘‘chocolate’’ contain to protect consumers’ interests is by ‘‘passing-off’’ issue exists. The comment certain cacao-derived ingredients. While establishing a standard of identity and contended that FDA cited no evidence the product described in the proposed not a common or usual name. of consumer confusion with white standard deviates from the other Moreover, at the time that they were chocolate, no evidence that consumer standardized chocolate products in that established, one of the benefits of confusion would exist in the absence of it contains only the cacao fat (i.e., cocoa common or usual name provisions in a standard of identity for white butter) component of chocolate liquor, part 102 was that names of new chocolate, and no evidence of consumer consumers’ expectations that the food’s products could be established by confusion regarding the thousands of basic component is derived from cacao

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are met by establishing a standard with § 101.22(i)(1)(i) (21 CFR 101.22(i)(1)(i)) white chocolate supported FDA’s that requirement. provide that a product that is expected intention to address all standards, Moreover, use of the term ‘‘white to contain an ingredient, e.g., ‘‘white including any new standard of identity chocolate,’’ without an accompanying chocolate,’’ must bear the term for white chocolate, as a separate subject food standard, does not provide ‘‘flavored’’ in the name of the food if the in accordance with the Regulatory consumers with sufficient information food contains natural flavor derived Reinvention Initiative. as to the ingredients of the product. from that ingredient and either an FDA stated in the ANPRM that Historically, FDA has created separate amount of the ingredient insufficient to standards of identity may need reform, standards of identity for different kinds independently characterize the food or and we are reviewing existing food of chocolate (e.g., milk chocolate, sweet none of the ingredient. Therefore, unless standards in response to the Regulatory chocolate). These standards ensure that a food contains the flavoring Reinvention Initiative. After deciding to consumers who purchase products constituents derived from white establish a standard of identity for white labeled as ‘‘chocolate’’ receive a familiar chocolate, it cannot be named ‘‘white chocolate, FDA considered whether to: product with a certain basic nature and chocolate-flavored.’’ (1) Continue the TMP process until all composition. Neither the term ‘‘white’’ Once a standard for white chocolate standards are reviewed in response to nor the white appearance of the product has been established, the term ‘‘white the Regulatory Reinvention Initiative itself is sufficient to distinguish a white chocolate-flavored’’ could be used to and then establish a standard for white chocolate-type product that does not describe a food that is commonly chocolate, (2) use different guiding contain cacao-derived ingredients from expected to contain the characterizing principles to issue a standard, or (3) a product that does contain cacao- food ingredient, white chocolate, and issue a standard consistent with the derived ingredients. Use of the term which contains natural flavor derived petitioners’ requests and with existing ‘‘chocolate’’ in the name ‘‘white from such an ingredient (i.e., cocoa standards. We concluded that the third chocolate’’ implies that the product is butter or cacao fat) (§ 101.22(i)(1)(i)). approach was the most reasonable and cacao-derived. Thus, without a standard The term ‘‘artificially-flavored white efficient, considering our limited of identity prescribing that white chocolate’’ could be used in cases where resources, industry’s desire to establish chocolate be made from cocoa butter, the food contains an artificial flavor that a standard, and recognized consumer manufacturers may produce products simulates, resembles, or reinforces the demand for the product. This approach not containing cacao-derived characterizing flavor (§ 101.22(i)(2)). avoids the time consuming task of ingredients and use the term ‘‘white The only constituent in white reviewing and revising standards for a chocolate’’ in a misleading manner. chocolate that is derived from the cacao group of foods, e.g., chocolate products, (Comment 4) The one comment that bean is cacao fat (i.e., cocoa butter); in a piecemeal fashion, especially when objected to establishing a standard of therefore, the agency assumes that if a no guiding principles have been identity for white chocolate stated that cheaper ingredient that was not derived published, and relieves industry and the a standard of identity for white from cacao were used to replace the agency from the burdensome TMP chocolate is not needed because white cacao-derived ingredient, the substitute process. Therefore, FDA concludes that chocolate-type products made with ingredient would be some type of fat or a standard for white chocolate should be ingredients not derived from cacao oil used to replace the cacao fat. In this issued that is generally consistent with could be identified as ‘‘white chocolate- case, the agency would treat such current standards for U.S. chocolate flavored’’ or ‘‘artificially flavored’’ to products as substitute or imitation white products. FDA will address comments sufficiently distinguish them from white chocolate products (21 CFR 101.3(e)) concerning the revision of the standard chocolate products derived from cacao. and would not regulate them by for white chocolate at such time as we The comment further stated that requiring that they be labeled ‘‘white consider revision of all chocolate consumers could look at the ingredient chocolate-flavored.’’ standards. list to discover the substitution of less (Comment 5) The one comment that FDA recognizes that the proposed expensive ingredients not derived from opposed issuing a standard of identity standard of identity is prescriptive in cacao; thus, current regulations are for white chocolate argued that food nature. However, we believe that until sufficient to prevent economic standards should be reformed. The all standards of identity are reviewed deception. comment stated that, in the advance and decisions are made regarding FDA does not agree that identifying notice of proposed rulemaking whether to retain, revoke, or revise white chocolate products made from (ANPRM) (60 FR 67492, December 29, them, it is in the interest of consumers cheaper noncacao ingredients as 1995) that responded to the Regulatory to establish a standard of identity for ‘‘artificially flavored’’ or ‘‘white Reinvention Initiative, FDA white chocolate that is generally chocolate-flavored’’ would be acknowledged that existing food consistent with other chocolate sufficiently descriptive with regard to standards of identity are the types of products in part 163. We also note that the composition of white chocolate. regulations that need reform. The standards of identity for white chocolate These terms refer to the characterizing comment stated that there is no special established by Canada, Codex, and the flavor of a food, not its composition. circumstance that justifies a reversal of EU are also prescriptive. Therefore, FDA The terms suggest products that are regulatory direction for white chocolate. finds that, at this time, it is appropriate flavored to taste like white chocolate, A few comments addressed the nature to retain the recipe-like nature of the but they do not provide guidance as to of the proposed standard of identity for standard for white chocolate because it white chocolate’s composition. Thus, white chocolate, objecting to its being is consistent with current U.S. standards use of such terms does not negate the prescriptive, recipe-based, and rigid. for other chocolates and with need for a standard of identity, but One of these comments, while international standards of identity for rather further supports its need because, supporting establishment of a standard white chocolate. without a definition and standard for of identity for white chocolate, made (Comment 6) Two comments ‘‘white chocolate,’’ there is no way to broader general statements about suggested changes to the proposed define ‘‘white chocolate-flavored.’’ reforming food standards. In addition, standard to make the U.S. standard for Moreover, FDA regulations governing several comments from manufacturers white chocolate more consistent with use of the term ‘‘flavored’’ who support creating a standard for international standards. One comment

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noted that the maximum level for percent but should not count toward the product with this composition. This emulsifiers in the proposed standard for minimum milk solids content otherwise level is the same as that suggested by white chocolate is adequate, but specified in the standard. Listing whey the petitioners and required by suggested that in the interest of as a separate ingredient, as suggested by international standards for white international harmonization, FDA the comment, permits the inclusion of chocolate. Accordingly, FDA has not consider raising this level from 1 whey in addition to, not in place of, the been persuaded to change the minimum percent to 1.5 percent. The comment total milk solids specified in level of fat required. stated that if this were done, the § 163.124(b)(2). FDA notes that since We appreciate the comment’s concern proposed standard would then be publication of our proposed rule to regarding dietary guidelines and note consistent with those of Canada and establish a standard for white chocolate, that manufacturers who wish to market Codex. The comment emphasized that it Canada has established a standard for products that are lower in fat relative to raised the issue solely in the interest of white chocolate that permits as an the standard product may develop lower international harmonization, but did not optional ingredient less than 5 percent fat white chocolate products in want the issue to delay a prompt whey or whey products. Codex permits accordance with the provisions in 21 promulgation of the standard. no more than 5 percent milk solids in CFR 130.10. We agree that international its white chocolate standard, whereas III. Effective Date harmonization should be taken into the EU permits edible substances that consideration in establishing standards do not exceed 40 percent of the total In the proposed rule, FDA proposed and should be supported when such weight of the finished white chocolate that the effective date for a final rule for support promotes honesty and fair product. Thus, FDA believes that the white chocolate be January 1, 1998 (62 dealing in the interest of consumers, change to the proposed standard to FR 10781 and 10784). The only does not endanger the public health, permit whey as an optional ingredient comment that addressed the proposed and does not reduce the integrity of the would maintain the core ingredients compliance date of January 1, 1998, standard. FDA believes that raising the required in the U.S. standard while stated that if FDA acted quickly in level of permitted emulsifiers to 1.5 promoting international harmonization finalizing the proposal, the proposed percent will not result in an inferior and trade. Accordingly, FDA is compliance date would allow sufficient product, and the standard for white modifying the proposed standard to time for manufacturers to make label chocolate will still promote honesty and include whey up to a level of 5 percent and formula changes. Further, the fair dealing in the interest of consumers. as a separate, optional ingredient in comment encouraged the FDA to state Therefore, the agency agrees that, to § 163.124(b)(6). that compliance with the regulation reduce barriers to trade, the level of (Comment 7) One comment could begin immediately after emulsifiers should be changed to 1.5 recommended deleting the requirement publication of the final rule issuing the percent. that white chocolate contain a minimum standard. The other comment recommended of 23.5 percent fat (20 percent cacao fat Due to other agency priorities and to that FDA revise the proposed standard + 3.5 percent milkfat). The comment limited resources and staff, FDA is to permit the use of whey as an optional asserted that this high level of fat is publishing this final rule later than it ingredient up to a level of 5 percent. inconsistent with current dietary intended and after the proposed The comment stated that whey should guidelines and with FDA’s stated goal to effective date. Consequently, we are be listed in § 163.124(b)(6) as an encourage the creation of products revising the effective date of this optional ingredient so that it would not lower in fat and calories. The comment regulation to the next uniform count toward the minimum milk solids stated that it recognized that in order for compliance date, i.e., January 1, 2004, to content otherwise specified in the the product to be designated as minimize costs associated with any standard (§ 163.124(b)(2)). The comment ‘‘chocolate,’’ it should contain some necessary label changes. However, contended that whey is a safe and cacao-derived ingredients. However, the compliance with this final regulation suitable ingredient for use in chocolate comment contended that the may begin immediately. All affected and confectionery products. requirement to contain some minimum products initially introduced or initially The comment further stated that if the amount of cacao-derived ingredients delivered for introduction into interstate U.S. standard were adopted without could be met by having a minimum commerce on or after January 1, 2004, permitting whey, it would be the only amount of cocoa solids. The comment shall fully comply. major white chocolate standard in the argued that since milk chocolate must There are many firms using TMPs to world that did not permit its use. contain a minimum of 10 percent cocoa market products in the United States According to the comment, Canada solids in the form of chocolate liquor, it that are labeled ‘‘white chocolate’’ and plans to issue a standard that expressly would be consistent for white chocolate that comply with the proposed permits the addition of whey up to 5 to contain a minimum of 10 percent standard. These products will not have percent. The comment stated that both cocoa solids, albeit in the form of cocoa to be relabeled. Other products that are the Codex and the EU standards permit butter. The resulting product, according labeled with descriptive names (e.g., the addition of whey in chocolate to the comment, would contain a total ‘‘white confection’’) will have to relabel products. The comment asserted that of 13.5 percent fat (3.5 percent milkfat their products in compliance with the the United States should include whey and 10 percent cacao fat). new standard by the effective date of in its standard for white chocolate in the FDA disagrees with changing the this rule. interest of international harmonization. minimum level of fat required in white Finally, the comment noted that chocolate. The purpose of a standard of IV. Benefit-Cost Analysis delaying consideration of the use of identity is to promote honesty and fair FDA has examined the economic whey until the generalized review of dealing in the interest of consumers. implications of this final rule as chocolate standards takes place would The product labeled ‘‘white chocolate’’ required by Executive Order 12866. likely result in a delay of several years. that has been marketed under TMPs for Executive Order 12866 directs agencies FDA agrees with the comment that more than 10 years contains a minimum to assess all costs and benefits of whey should be permitted as an of 23.5 percent fat. We believe that available regulatory alternatives and, optional ingredient up to a level of 5 consumers have come to know the when regulation is necessary, to select

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regulatory approaches that maximize option is the best choice for several and comparing products by the name of net benefits (including potential reasons. the food. The standard of identity for economic, environmental, public health First, as stated in the comments that white chocolate will establish a new and safety, and other advantages; we received, the second option product name that, according to the distributive effects; and equity). eliminates the time-consuming and petitions, is consistent with the name Executive Order 12866 classifies a rule burdensome task to manufacturers of that a majority of consumers are already as significant if it meets any one of a applying for TMPs. By establishing a using to describe this product. number of specified conditions, standard of identity for white chocolate Comments to this rule indicated that the including: Having an annual effect on and eliminating the need for TMPs, the proposed standard of identity is the economy of $100 million, adversely proposed rule furthers a goal of the compatible with not only the perception affecting a sector of the economy in a Paperwork Reduction Act by of United States consumers, but also material way, adversely affecting eliminating paperwork burden. aligns with the standard of identity for competition, or adversely affecting jobs. Second, while the standard of identity white chocolate as set by Canada, A regulation also is considered a of white chocolate in the second option Codex, and the EU. This international significant regulatory action under is somewhat prescriptive, the comments harmonization of the white chocolate Executive Order 12866 if it raises novel indicated that, at this time, the standard should make U.S.-produced legal or policy issues. FDA finds that manufacturers favor a minimum of 23.5 white chocolate more competitive with this final rule is neither an economically percent total fat in white chocolate. This internationally produced white significant rule nor a significant ‘‘prescriptive’’ standard of identity for chocolate, both at home and abroad. regulatory action as defined by white chocolate is similar to other C. Costs Executive Order 12866. published standards for chocolate and The Unfunded Mandates Reform Act will prevent fraudulent or deceptive Although we cannot estimate the total of 1995 (Public Law 104–4), requiring confections from being offered for sale costs of this final rule, we expect that cost-benefit and other analyses, in as ‘‘white chocolate.’’ the costs of options 2 and 3 will be Finally, the standard of identity for section 1531(a) defines a significant rule approximately the same. white chocolate proposed in the second as ‘‘a Federal mandate that may result The establishment of a standard of option is in harmony with the white in the expenditure by State, local, and identity requires that all products that chocolate standards in use by Canada, tribal governments in the aggregate, or meet the standard bear the standardized Codex, and the EU. Comments on this by the private sector, of $100 million name. If there are products that are rule supported the globalization of the (adjusted annually for inflation) in any formulated in accordance with the white chocolate standard as an one year.’’ FDA has determined that this standard of identity but are not important market share-increasing tool. rule does not constitute a significant currently labeled as ‘‘white chocolate,’’ rule under the Unfunded Mandates B. Benefits then those products will have to be Reform Act. We do not estimate benefits and costs relabeled. Because ‘‘white chocolate’’ will need A. Regulatory Options for option 1, because it is the baseline. Although the benefits of options 2 and to appear on each product’s principal FDA is establishing a standard of 3 are similar, we expect option 2 to display panel, the cost for label changes identity for white chocolate. This generate higher benefits because it will will depend on the number of products standard will provide for the use of the lead to harmonization with that must be relabeled and the amount term ‘‘white chocolate’’ as the common international standards. The other of time manufacturers are given to or usual name of products made from benefits associated with option 2 would complete the label changes. Many of the cacao fat, milk solids, nutritive also be realized with option 3. large chocolate manufacturers are carbohydrate sweeteners, and other safe Currently, manufacturers must obtain already marketing their white chocolate and suitable ingredients, but containing TMPs if they want to use the term products under TMPs and will not need no nonfat cacao solids. In the benefit- ‘‘chocolate’’ to market white chocolate to relabel their products. cost analysis of the proposed rule, FDA products that meet the proposed There are approximately 250 firms considered three options: standard. The TMPs are required that produce chocolate products in the 1. Do not establish a standard and because white chocolate products are United States, but the number of allow manufacturers to market products considered to deviate from the existing products whose formulation satisfies bearing the name ‘‘white chocolate’’ standards of identity for chocolate this new white chocolate standard of only with TMPs. products. In a recent year, FDA received identity is unknown. To estimate the 2. Establish a standard for white more than one dozen requests for TMPs labeling change costs to chocolate chocolate that is consistent with the for white chocolate. Thus, one benefit of producers as a result of the new white standard described in the petitions issuing a standard of identity for white chocolate standard of identity, the ‘‘FDA where the levels of the ingredients are chocolate is that it will eliminate a Labeling Cost Model’’ (Ref. 1) is used. prescribed. manufacturer’s need to prepare and This model replaces the 1990 version of 3. Establish a standard of identity for submit requests for TMPs in order to the model used in the white chocolate white chocolate with different criteria market products bearing the name proposed rule estimates. than those proposed in the petitions. ‘‘white chocolate.’’ This will reduce the There are 9558 stock keeping units FDA received no comments that paperwork burden to white chocolate (SKUs) for products represented by the directly addressed the economic manufacturers and reduce the burden to North American Industry Classification analysis of the proposed rule. Results of FDA of processing the TMPs. System (NAICS) code for Chocolate & benefit-cost analysis suggest that the Establishment of standards of identity Confectionery Products made from best choice for this proposed rule is the for a product is thought to reduce cacao beans. Using this SKU second option: Establish a standard for consumer confusion and deception. information, the ‘‘FDA Labeling Cost white chocolate consistent with the Well-defined standards of identity, Model, Final Report’’ estimates the costs standard in the petitions where the which establish consistent product per product for a chocolate levels of ingredients are prescribed. This names, can assist consumers in finding manufacturer to change the standard of

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identity on their principal display average relabeling costs per product for concludes that the labeling panel. firms to be $4,300, $2,000, and $120, for requirements in this document are not The actual cost of relabeling will be a 12-month, 24-month, and 36-month subject to review by the Office of determined largely by the length of time compliance period, respectively. Using Management and Budget because they between the date that the rule becomes these average relabeling costs and the do not constitute a ‘‘collection of final and date it becomes effective (the ‘‘Model for Estimating the Impacts of information’’ under the Paperwork compliance period). Given that January Regulatory Costs on the Survival of Reduction Act of 1995 (44 U.S.C. 3501 1, 2004, is the uniform compliance date Small Businesses’’ (Ref. 2), the et seq.). Rather, the labeling statements for food labeling regulations that are possibility of a small firm closing due to are a ‘‘public disclosure of information issued between January 1, 2001, and this standard of identity regulation can originally supplied by the Federal December 31, 2002, the cost of be estimated. If the compliance period Government to the recipient for the relabeling per product for firms averages is 12 months in length, the model purpose of disclosure to the public’’ (5 $4,300 for a minimum-allowed 12- predicts that approximately 6 firms with CFR 1320(c)(2)). month compliance period, $2,000 for a less than 500 employees are likely to go 24-month compliance period, and $120 out of business. For the 24-month IX. References for the maximum-allowed 36-month compliance period and the 36-month The following references have been compliance period. Relabeling costs are compliance period, it is expected that placed on display at the Dockets comprised of administrative costs, no firms are likely to go out of business. Management Branch (HFA–305), Food printing costs, and costs of lost label FDA received no comments on the and Drug Administration, 5630 Fishers inventory. effects of the proposed rule on small Lane, rm. 1061, Rockville, MD 20852, This final rule will not affect products businesses or on the length of the and may be seen by interested persons that do not meet the standard, because compliance period. Because so many between 9 a.m. and 4 p.m., Monday they may continue to be produced and small entities are in the industry, we through Friday. marketed as they currently are. FDA is believe that the final rule establishing a 1. ‘‘FDA Labeling Cost Model, Final not able to estimate the total cost of this standard of identity will have a Report;’’ M. K. Muth, E. C. Gledhill, and S. final rule because we received no significant economic impact on a A. Karns; RTI, Health, Social, and Economics comments that supplied the additional substantial number of small businesses. Research, Research Triangle, NC; April 2002. information necessary. 2. ‘‘Model for Estimating the Impacts for VI. Federalism Regulatory Costs on the Survival of Small V. Small Entity Analysis FDA has analyzed this final rule in Businesses and its Application to Four FDA- FDA has examined the economic Regulated Industries,’’ final report, Eastern accordance with the principles set forth Research Group, July, 2002. implications of this final rule as in Executive Order 13132. FDA has required by the Regulatory Flexibility determined that the rule does not List of Subjects in 21 CFR Part 163 Act (5 U.S.C. 601–612). If a rule has a contain policies that have substantial Cacao products, Food grades and significant economic impact on a direct effects on the States, on the standards. substantial number of small entities, the relationship between the National Therefore, under the Federal Food, Regulatory Flexibility Act requires Government and the States, or on the Drug, and Cosmetic Act and under agencies to analyze regulatory options distribution of power and authority delegated to the Commissioner that would lessen the economic effect of responsibilities among the various of Food and Drugs, 21 CFR part 163 is the rule on small entities. FDA finds levels of government. Accordingly, we amended as follows: that this final rule will have a have concluded that the rule does not significant economic impact on a contain policies that have federalism PART 163—CACAO PRODUCTS substantial number of small businesses. implications as defined in the Executive This final rule will establish a order and, consequently, a federalism 1. The authority citation for 21 CFR standard of identity for white chocolate. impact statement is not required. part 163 continues to read as follows: Although the amount of the costs VII. Environmental Impact Authority: 21 U.S.C. 321, 331, 341, 343, depend on the length of the compliance 348, 371, and 379(e). period, this final rule may impose FDA has previously considered the 2. Section 163.124 is added to subpart significant compliance costs on environmental effects of this rule, as B to read as follows: industry, and there may be a significant announced in the proposed rule (62 FR impact of these provisions on a 10781 at 10785, March 10, 1997). No § 163.124 White chocolate. substantial number of small businesses. new information or comments have (a) Description. (1) White chocolate is FDA believes that the provision of been received that would affect our the solid or semiplastic food prepared this final rule most likely to have a previous determination that there is no by intimately mixing and grinding cacao significant impact on a substantial significant impact on the human fat with one or more of the optional number of small businesses is the environment and that an environmental dairy ingredients specified in paragraph labeling requirement. There are impact statement is not required. (b)(2) of this section and one or more approximately 250 firms that produce optional nutritive carbohydrate chocolate products (NAICS code VIII. The Paperwork Reduction Act of sweeteners and may contain one or 311320) in the United States. Almost all 1995 more of the other optional ingredients of these businesses have fewer than 500 In the proposal, FDA stated its specified in paragraph (b) of this employees, and thus are small tentative conclusion that the proposed section. White chocolate shall be free of businesses, as defined by the Small rule contains no reporting, coloring material. Business Administration, FDA has no recordkeeping, labeling, or third party (2) White chocolate contains not less data on the number of products that will disclosure requirements and asked for than 20 percent by weight of cacao fat meet the proposed standard and that, comments on whether the proposed rule as calculated by subtracting from the therefore, may need to be relabeled. imposed any paperwork burden. No weight of the total fat the weight of the As discussed in section IV.C of this comments were received addressing the milkfat, dividing the result by the document, FDA has estimated the question of paperwork burden. FDA weight of the finished white chocolate,

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and multiplying the quotient by 100. DEPARTMENT OF TRANSPORTATION anchor outside the safety zone but are The finished white chocolate contains cautioned not to block a navigable not less than 3.5 percent by weight of Coast Guard channel. milkfat and not less than 14 percent by Dated: September 27, 2002. 33 CFR Part 165 weight of total milk solids, calculated by M.R. DeVries, using only those dairy ingredients [CGD09–02–521] Commander, Coast Guard, Captain of the Port specified in paragraph (b)(2) of this Milwaukee. section, and not more than 55 percent Safety Zone; Captain of the Port [FR Doc. 02–25278 Filed 10–3–02; 8:45 am] by weight nutritive carbohydrate Milwaukee Zone sweetener. BILLING CODE 4910–15–P AGENCY: Coast Guard, DOT. (b) Optional ingredients. The ACTION: Notice of implementation of following safe and suitable ingredients POSTAL SERVICE may be used: regulation. (1) Nutritive carbohydrate sweeteners; SUMMARY: The Coast Guard is 39 CFR Parts 952, 957, 958, 960, 962, 964, 965 (2) Dairy ingredients: implementing a safety zone for annual fireworks displays in the Captain of the (i) Cream, milkfat, butter; Port Milwaukee Zone during October Rules of Practice Before the Judicial (ii) Milk, dry whole milk, 2002. This action is necessary to Officer concentrated milk, evaporated milk, provide for the safety of life and AGENCY: Postal service. sweetened condensed milk; property on navigable waters during ACTION: Final rule. (iii) Skim milk, concentrated skim these events. These zones will restrict milk, evaporated skim milk, sweetened vessel traffic from a portion of the SUMMARY: The Postal Service is condensed skim milk, nonfat dry milk; Captain of the Port Milwaukee Zone. amending the Rules of Practice in DATES: The safety zone for the Proceedings Relative to the Program (iv) Concentrated buttermilk, dried Fraud Civil Remedies Act to reflect the buttermilk; and Sheboygan South High School Fireworks—Sheboygan, WI change in primary responsibility to (v) Malted milk; (165.909(a)(29)) will be enforced on investigate violations of the Program (3) Emulsifying agents, used singly or October 3, 2002, from 7:50 p.m. until Fraud Civil Remedies Act from the in combination, the total amount of 8:40 p.m., but in the event of inclement Postal Inspection Service to the Postal which does not exceed 1.5 percent by weather the safety zone will be enforced Service Inspector General. In addition, weight; from 7:50 p.m. until 8:40 p.m. on these rules of practice as well as the October 4, 2002. rules of practice in other proceedings (4) Spices, natural and artificial before the Judicial Officer are being FOR FURTHER INFORMATION CONTACT: flavorings, ground whole nut meats, amended to correct typographical errors ground coffee, dried malted cereal Marine Science Technician Chief Dave McClintock, U.S. Coast Guard Marine and omissions and make other technical extract, salt, and other seasonings that changes. do not either singly or in combination Safety Office Milwaukee, at (414) 747– EFFECTIVE DATE: October 4, 2002. impart a flavor that imitates the flavor 7155 FOR FURTHER INFORMATION CONTACT: of chocolate, milk, or butter; SUPPLEMENTARY INFORMATION: The Coast Diane M. Mego, (703) 812–1905. (5) Antioxidants; and Guard is implementing the permanent safety zone in 33 CFR 165.909 (a)(29) SUPPLEMENTARY INFORMATION: As part of (6) Whey or whey products, the total (67 FR 44560, July 3, 2002) for fireworks the creation of the Office of Inspector amount of which does not exceed 5 displays in the Captain of the Port General in 1996, certain functions were percent by weight. Milwaukee Zone during October 2002. transferred from the Postal Inspection (c) Nomenclature. The name of the The following safety zone is in effect for Service to the Postal Service Office of food is ‘‘white chocolate’’ or ‘‘white fireworks displays occurring in the Inspector General. Part 962 is being chocolate coating.’’ When one or more month of October 2002: revised to reflect that investigations of the spices, flavorings, or seasonings Sheboygan South High School under this part are now conducted by specified in paragraph (b)(4) of this Fireworks—Sheboygan, WI. This safety the Office of Inspector General. In section are used, the label shall bear an zone will be enforced on October 3, addition, these rules of practice as well appropriate statement, e.g., ‘‘Spice 2002, from 7:50 p.m. until 8:40 p.m. In as the rules of practice in other added’’, ‘‘Flavored with ___ ’’, or ‘‘With the event of inclement weather on proceedings before the Judicial Officer ___ added’’, the blank being filled in October 3, 2002, the safety zone will be are being amended to correct with the common or usual name of the enforced from on October 4, 2002 from typographical errors and omissions and spice, flavoring, or seasoning used, in 7:50 p.m. until 8:40 p.m. make other technical changes. accordance with § 101.22 of this In order to ensure the safety of These revisions are changes in agency chapter. spectators and transiting vessels, this rules of practice before the Judicial Officer and do not substantially affect (d) Label declaration. Each of the safety zone will be in effect for the duration of the event. Vessels may not any rights or obligations of private ingredients used in the food shall be parties. Therefore, it is appropriate for declared on the label as required by the enter the safety zone without permission from Captain of the Port their adoption by the Postal Service to applicable sections of parts 101 and 130 become effective immediately. of this chapter. Milwaukee Zone. Requests to transit the safety zone must be made in advance by Dated: September 27, 2002. List of Subjects contacting the person listed in FOR Margaret M. Dotzel, FURTHER INFORMATION CONTACT and must 39 CFR Part 952 Associate Commissioner for Policy. be approved by the Captain of the Port Administrative practice and [FR Doc. 02–25252 Filed 10–3–02; 8:45 am] Milwaukee before transits will be procedure, Fraud, Lotteries, Postal BILLING CODE 4160–01–S authorized. Spectator vessels may Service.

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39 CFR Part 957 PART 958—RULES OF PRACTICE IN § 962.12 [Amended] Administrative practice and PROCEEDINGS RELATIVE TO THE 3. Section 962.12(f)(1) is amended by procedure, Debarment, Suspension, REFUSAL TO PROVIDE POST OFFICE adding ‘‘not’’ after ‘‘is’’. Postal Service. BOX OR CALLER SERVICE AND THE TERMINATION OF POST OFFICE BOX § 962.13 [Amended] 39 CFR Part 958 OR CALLER SERVICE 4. Section 962.13(f)(2) is amended by Administrative practice and revising the word ‘‘marshall’’ to read procedure, Postal Service. The Postal Service adopts ‘‘marshal’’ wherever it appears. amendments to 39 CFR part 958 as 39 CFR Part 960 specifically set forth below: § 962.21 [Amended] Administrative practice and 1. The authority citation for part 958 5. Section 962.21(b)(4) is amended by procedure, Claims, Equal Access to continues to read as follows: revising ‘‘.hat’’ to read ‘‘that’’. Justice Act, Postal Service. Authority: 39 U.S.C. 204, 401. PART 964—RULES OF PRACTICE 39 CFR Part 962 § 958.3 [Amended] GOVERNING DISPOSITION OF MAIL Administrative practice and WITHHELD FROM DELIVERY procedure, Fraud, Program Fraud Civil 2. Section 958.3(d) is amended by PURSUANT TO 39 U.S.C. 3003, 3004 Remedies Act, Postal Service. revising ‘‘asgency’’ to read ‘‘agency’’. The Postal Service adopts 39 CFR Part 964 PART 960—RULES RELATIVE TO amendments to 39 CFR part 964 as Administrative practice and IMPLEMENTATION OF THE EQUAL specifically set forth below: procedure, Fictitious names or ACCESS TO JUSTICE ACT IN POSTAL 1. The authority citation for part 964 addresses, Fraud, Lotteries, Postal SERVICE PROCEEDINGS continues to read as follows: Service. The Postal Service adopts Authority: 39 U.S.C. 204, 401, 3003, 3004. 39 CFR Part 965 amendments to 39 CFR part 960 as § 964.1 [Amended] specifically set forth below: Administrative practice and 2. Section 964.1 is amended by 1. The authority citation for part 960 procedure, Mail disputes, Postal adding ‘‘States’’ after ‘‘United’’. Service. continues to read as follows: Authority: 5 U.S.C. 504(c)(1); 39 U.S.C. § 964.2 [Amended] PART 952—RULES OF PRACTICE IN 204, 401(2). 3. Section 964.2 is amended by PROCEEDINGS RELATIVE TO FALSE removing ‘‘Service’’ after ‘‘Postal’’. REPRESENTATION AND LOTTERY § 960.3 [Amended] ORDERS 2. Section 960.3(b) is amended to PART 965—RULES OF PRACTICE IN revise ‘‘preclued’’ in the second PROCEEDINGS RELATIVE TO MAIL The Postal Service adopts sentence to read ‘‘preclude’’. DISPUTES amendments to 39 CFR part 952 as specifically set forth below: PART 962—RULES OF PRACTICE IN The Postal Service adopts 1. The authority citation for part 952 PROCEEDINGS RELATIVE TO THE amendments to 39 CFR part 965 as continues to read as follows: PROGRAM FRAUD CIVIL REMEDIES specifically set forth below: Authority: 39 U.S.C. 204, 401, 3005, 3012, ACT 1. The authority citation for part 965 3016. continues to read as follows: The Postal Service adopts § 952.5 [Amended] Authority: 39 U.S.C. 204, 401. amendments to 39 CFR part 962 as 2. Section 952.5 is amended by specifically set forth below: § 965.3 [Amended] revising ‘‘know’’ to read ‘‘known’’ in the 1. The authority citation for part 962 2. Section 965.3 is amended by next to last sentence of the paragraph. continues to read as follows: removing ‘‘475 L’Enfant Plaza West, § 952.33 [Amended] Authority: 31 U.S.C. Chapter 38; 39 U.S.C. SW.,’’. 401. 3. Section 952.33 is amended by Stanley F. Mires, revising ‘‘Law Librarian’’ to read § 962.2 [Amended] Chief Counsel, Legislative. ‘‘Librarian’’ and by revising ‘‘Law [FR Doc. 02–25168 Filed 10–3–02; 8:45 am] 2. Section 962.2(d) and (m) are Library’’ to read ‘‘Library’’. BILLING CODE 7710–FW–P revised to read as follows: PART 957—RULES OF PRACTICE IN § 962.2 Definitions. PROCEEDINGS RELATIVE TO * * * * * ENVIRONMENTAL PROTECTION DEBARMENT AND SUSPENSION AGENCY FROM CONTRACTING (d) Investigating Official refers to the Inspector General of the United States 40 CFR Part 52 The Postal Service adopts Postal Service or any designee within amendments to 39 CFR part 957 as the Office of the Inspector General. [MA–083–7213a; A–1–FRL–7374–9] specifically set forth below: * * * * * Approval and Promulgation of Air 1. The authority citation for part 957 (m) Reviewing Official refers to the Quality Implementation Plans; continues to read as follows: General Counsel of the Postal Service or Massachusetts; Volatile Organic any designee within the Law Authority: 39 U.S.C. 204, 401. Compound Reasonably Available Department who serves in a position for § 957.2 [Amended] Control Technology (RACT) Plans and which the rate of basic pay is not less Regulation 2. Section 957.2 is amended to revise than the minimum rate payable under the word ‘‘Procurement’’ to read section 5376 of title 5 of the United AGENCY: Environmental Protection ‘‘Purchasing’’. States Code. Agency (EPA).

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ACTION: Direct final rule. What is a Control Techniques Guideline issued before or after the enactment of (CTG)? the CAA Amendments of 1990 and for SUMMARY: EPA is approving several How has Massachusetts Addressed the all major VOC sources (defined as 50 State Implementation Plan (SIP) New CTG Categories? tons per year for sources in the OTR). revisions submitted by the What is EPA’s Response to Massachusetts’ Commonwealth of Massachusetts. These Submittals for the New CTG Categories? What Is a Control Techniques What are the Regulations and Plan Guideline (CTG)? revisions establish reasonably available Approvals Massachusetts Submitted? control technology (RACT) requirements Why is EPA Approving Massachusetts’ A CTG is a document EPA issues for major volatile organic compound Regulations and Plan Approvals? which establishes a ‘‘presumptive (VOC) sources. The intended effect of What is the Process for EPA to Approve norm’’ for RACT for a specific VOC this action is to approve these These SIP Revisions? source category. Under the pre-amended CAA, EPA issued CTG documents for 29 requirements into the Massachusetts What Action Is EPA Taking? SIP. EPA is taking this action in categories of VOC sources. Section 183 accordance with the Clean Air Act EPA is approving VOC RACT plan of the CAA requires that EPA issue 13 (CAA). approvals for four facilities in eastern new CTGs. Appendix E of the General Massachusetts. EPA is also approving Preamble of Title I (57 FR 18077) lists DATES: This direct final rule will be Massachusetts’ VOC RACT regulation the categories for which EPA plans to effective December 3, 2002, unless EPA 310 CMR 7.18 (17) as it applies to the issue new CTGs. receives relevant adverse comments by Boston-Lawrence-Worcester (eastern On November 15, 1993, EPA issued a November 4, 2002. If EPA receives Massachusetts) ozone nonattainment CTG for Synthetic Organic Chemical relevant adverse comments, we will area. In addition, EPA is also approving Manufacturing Industry (SOCMI) publish a timely withdrawal of the negative declarations Massachusetts Distillation Operations and Reactor direct final rule in the Federal Register submitted for certain VOC source Processes. Also, on August 27, 1996, informing the public that the rule will categories and is determining that EPA issued a CTG for shipbuilding and not take effect. Massachusetts has met the CAA VOC repair operations. On May 26, 1996, ADDRESSES: Comments may be mailed to RACT requirements for the aerospace EPA issued a CTG for wood furniture David Conroy, Unit Manager, Air coating and wood furniture finishing operations. Furthermore, on Quality Planning, Office of Ecosystem manufacturing source categories March 27, 1998, EPA issued a CTG for Protection (mail code CAQ), U.S. through a combination of measures that aerospace coating operations. Environmental Protection Agency, EPA are already federally enforceable. How Has Massachusetts Addressed the New England Regional Office, One What Are the Relevant Clean Air Act New CTG Categories? Congress Street, Suite 1100, Boston, MA Requirements? 02114–2023. Copies of the documents In response to the requirements to relevant to this action are available for Sections 182(b)(2) and 184(b) of the adopt RACT for all sources covered by public inspection during normal Clean Air Act contain the requirements a new CTG, Massachusetts submitted business hours, by appointment at the relevant to today’s action. 42 U.S.C. negative declarations to EPA for the Office Ecosystem Protection, U.S. sections 7511a(b)(2) and 7511c(b). shipbuilding and repair operations and Environmental Protection Agency, EPA Section 182(b)(2) requires states to the SOCMI reactor processes CTG New England Regional Office, One adopt RACT rules for all areas categories. Through these negative Congress Street, 11th floor, Boston, MA; designated nonattainment for ozone and declarations, Massachusetts is Air and Radiation Docket and classified as moderate or above. There confirming that there are no sources in Information Center, U.S. Environmental are three parts to the section 182(b)(2) the Commonwealth that would be Protection Agency, Room M–1500, 401 RACT requirement: (1) RACT for subject to a rule for these categories. M Street, (Mail Code 6102), SW., sources covered by an existing Control In addition, for the SOCMI distillation Washington, DC [the Air and Radiation Techniques Guideline (CTG)—i.e., a processes CTG category, Massachusetts Docket and Information Center, U.S. CTG issued prior to the enactment of the stated in a letter, dated April 16, 1999, Environmental Protection Agency, 1990 amendments to the CAA; (2) RACT that Solutia Incorporated, in Room M–1500, 401 M Street, (Mail Code for sources covered by a post-enactment Springfield, is subject to this CTG. The 6102), SW., Washington, DC 20460 will CTG; and (3) all major sources not letter also states that VOC emissions at be closed to the public from close of covered by a CTG, i.e., non-CTG this facility are currently controlled by business Friday, August 9, 2002 until it sources. a pollution control system with a re-opens Tuesday, August 27, 2002 at its Pursuant to the CAA Amendments of required control efficiency of more than new location—Air and Radiation Docket 1990, all of Massachusetts was classified 85 percent and that this control and Information Center, U.S. as serious nonattainment for ozone. requirement was determined to be best Environmental Protection Agency, Specifically, the following two areas available control technology (BACT) in Room B–108, 1301 Constitution were designated as serious ozone areas: a federally enforceable plan approval Avenue, (Mail Code 6102T) NW., the Boston-Lawrence-Worcester (or issued pursuant to 310 CMR 7.02. Washington DC 20460]; and Division of eastern Massachusetts) area; and the Furthermore, for the wood products Air Quality Control, Department of Springfield (or western Massachusetts) CTG category, Massachusetts submitted Environmental Protection, One Winter area. See 56 FR 56694 (Nov. 6, 1991). a letter, dated July 24, 2002, stating that Street, 8th Floor, Boston, MA 02108. These areas were, thus, subject to the there are six facilities in Massachusetts section 182(b)(2) RACT requirement. that exceed the 25 ton per year (tpy) FOR FURTHER INFORMATION CONTACT: In addition, Massachusetts is located applicability threshold for the wood Anne Arnold, (617) 918–1047. in the Northeast Ozone Transport furniture CTG. Three of these facilities SUPPLEMENTARY INFORMATION: This Region (OTR). The Commonwealth is, (Athol Table, Mark Richey Woodwork, section is organized as follows: therefore, subject to section 184(b) of the and Adden Furniture) are subject to 310 What Action Is EPA Taking? CAA. Section 184(b) requires that RACT CMR 7.18(23), ‘‘Wood Products Surface What are the Relevant Clean Air Act be implemented in the entire state for Coating.’’ This rule applies to 50 tpy Requirements? all VOC sources covered by a CTG facilities and was approved into the

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Massachusetts SIP on September 3, 1999 source in Massachusetts subject to this (September 3, 1999). In this rulemaking, (64 FR 48297). In addition, one of the CTG is meeting an 85 percent control EPA noted that there were sources in six facilities, Nichols and Stone, is requirement which was determined to the eastern Massachusetts ozone subject to 310 CMR 7.18(17), be BACT in a federally enforceable plan nonattainment area for which EPA had ‘‘Reasonable Available Control approval. EPA agrees that Massachusetts not yet approved RACT plans and that Technology.’’ RACT was determined for has met the VOC RACT requirements for EPA would address 310 CMR 7.18(17) this facility several years prior to the this source category. for the eastern Massachusetts area in a issuance of EPA’s wood furniture CTG For the wood furniture and aerospace separate rulemaking, along with the and was submitted to EPA as a single CTG categories, Massachusetts has case-specific RACT determinations. source SIP revision on July 19, 1993. imposed requirements on the six Massachusetts has defined RACT for EPA approved this SIP revision on facilities that are subject to the wood Barnet, Rex Finishing, Gillette, and January 6, 1995 (60 FR 2017). Also, furniture CTG and on the two facilities Norton as described below. Massachusetts has issued the remaining that are subject to the aerospace CTG Barnet and Rex Finishing two wood furniture facilities (Saloom through a combination of measures (i.e., Furniture and Eureka Manufacturing) VOC regulations and BACT and RACT On April 16, 1999, Massachusetts federally enforceable BACT plan plan approvals) that are already submitted VOC RACT plan approvals approvals pursuant to 310 CMR 7.02. federally enforceable. EPA has for Barnet and Rex Finishing to EPA as These BACT plan approvals contain the evaluated these measures and has found a SIP revision. At these facilities, VOCs same emission limitations as those that they are generally consistent with are emitted from leather finishing included in the wood furniture CTG. the applicable CTGs. Therefore, EPA is operations. Massachusetts determined Finally, for the aerospace CTG, approving these measures as meeting that implementing low VOC coatings Massachusetts submitted a letter, dated RACT for the aerospace and wood and certain work practice and July 24, 2002, stating that there are two furniture CTG categories. The specific equipment standards represent RACT facilities in Massachusetts that exceed requirements imposed on the aerospace for Barnet and Rex Finishing. The plan the 25 tpy applicability threshold of the and wood furniture facilities and EPA’s approvals require these facilities to meet aerospace CTG. They are General evaluation of these requirements are specific emission limitations and to Electric in Lynn and Raytheon in detailed in a memorandum dated maintain daily records in order to Lowell. The coating operations at these August 20, 2002, entitled ‘‘Technical demonstrate compliance with these two facilities are covered by Support Document—Massachusetts— limits. Massachusetts’ miscellaneous metal VOC RACT’’ (TSD). The TSD, as well as Gillette parts and products coating regulation, the various plan approvals on which On October 7, 1999, Massachusetts 310 CMR 7.18(11). Also, the degreasing EPA is relying to enforce RACT, are submitted a VOC RACT plan approval emissions at these two facilities are available in the docket supporting this for Gillette to EPA as a SIP revision. covered by Massachusetts’ degreasing action. regulation 310 CMR 7.18(8). Both 310 Gillette manufactures shaving cream CMR 7.18(11) and 310 CMR 7.18(8) have What Are the Regulations and Plan and deodorants at its Andover, been approved into the Massachusetts Approvals Massachusetts Submitted? Massachusetts facility. The majority of SIP. See 58 FR 34911 (June 30, 1993). On February 17, 1993, Massachusetts VOC emissions from the facility are hydrocarbon propellants (e.g., What Is EPA’s Response to submitted 310 CMR 7.18(17) ‘‘Reasonable Available Control isobutane) and ethanol solvents from Massachusetts’ Submittals for the New aerosol propellant filling. The plan CTG Categories? Technology.’’ In addition, Massachusetts subsequently submitted approval requires Gillette to use through EPA is approving Massachusetts’ SIP revisions for the following four the valve filling (TTV) for all products negative declarations as meeting the facilities which are subject to 310 CMR that can be successfully TTV-filled. CAA section 182(b)(2) and section 7.18(17): TTV-filling is currently recognized as 184(b) requirements, as applicable, for • Barnet Corporation of Peabody; the lowest-emitting aerosol filling the shipbuilding and repair operations • Rex Finishing Incorporated of process available. The plan approval and SOCMI reactor processes CTG Peabody; also caps VOC emissions to a maximum categories. However, if evidence is • Norton Company of Worcester; and of 150 tons per rolling 12 month submitted by November 4, 2002 that • Gillette Company’s Andover calendar period and 50 tons per month. there are existing sources within Manufacturing Center. Additionally, the plan approval requires Massachusetts that would be covered by Massachusetts’ regulation and the Gillette to implement a leak detection the CTGs for these same categories,1 plan approvals for the four facilities and repair program. Finally, the plan EPA would consider such comments listed above are discussed in more detail approval also sets recordkeeping, adverse and we would withdraw this below. reporting, and testing requirements. approval action on that negative 310 CMR 7.18(17), Reasonable Norton declaration. For the SOCMI reactor distillation Available Control Technology On October 7, 1999, Massachusetts operations CTG category, the only This regulation describes a process by submitted a VOC RACT plan approval which RACT can be defined, but does for Norton Company to EPA as a SIP 1 The shipbuilding CTG applies to facilities that not specifically define RACT for each revision. Norton is a manufacturer of emit 50 tons of VOC or more per year. The source applicable to the regulation. abrasive products, ceramic grinding applicability of the SOCMI reactors CTG is more complicated as it is determined on a per vent basis. Therefore, in order to receive full wheels, and high performance For complete details on determining applicability approval, Massachusetts must define, refractories. VOCs are emitted in the for this CTG, see pages D–2 and D–3 of ‘‘Control and EPA must approve, RACT for all of manufacture of these products. Norton of Volatile Organic Compound Emissions from the sources that are subject to 310 CMR has reduced its VOC emissions by using Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical 7.18(17). EPA previously approved this material substitution, reformulation, Manufacturing Industry,’’ EPA–450/4–91–031, rule for the Springfield ozone emission controls, good housekeeping August 1993. nonattainment area. See 64 FR 48297 and better operating practices. The plan

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approval requires Norton to meet impose a level of control at least reactors category. Finally, EPA is several enforceable short and long term equivalent to RACT. approving a combination of already RACT limits which are specified and The specific requirements of the plan federally enforceable measures (namely, tracked by business unit or similar unit approvals and of Massachusetts 310 the VOC RACT regulations and the operation. In addition, the plan CMR 7.18(17) and EPA’s evaluation of RACT and BACT plan approvals approval also sets the appropriate these requirements are detailed in the discussed above) as meeting the CAA recordkeeping, reporting, and testing TSD. VOC RACT requirements for the requirements in order to demonstrate Although EPA is not incorporating the aerospace and wood furniture compliance with these emission limits. BACT plan approvals issued under 310 manufacturing operations CTG In addition to the SIP revisions CMR 7.02 into the SIP, because they are categories. submitted for the four facilities already federally enforceable under the discussed above, Massachusetts also SIP-approved section 7.02, these plan III. Administrative Requirements submitted documentation regarding two approvals are available for inspection in Under Executive Order 12866 (58 FR other facilities subject to 310 CMR the docket supporting this action. 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and 7.18(17), namely Polaroid of Waltham What Is the Process for EPA To therefore is not subject to review by the and Globe Manufacturing of Fall River. Approve These SIP Revisions? The VOC RACT plan approval Office of Management and Budget. For submitted for Polaroid on April 16, 1999 The EPA is publishing this rule this reason, this action is also not was subsequently superseded by two without prior proposal because the subject to Executive Order 13211, federally enforceable BACT plan Agency views this as a noncontroversial ‘‘Actions Concerning Regulations That approvals that were issued to Polaroid amendment and anticipates no adverse Significantly Affect Energy Supply, on December 22, 1999 and September comments. However, in the proposed Distribution, or Use’’ (66 FR 28355, May 15, 2000. When taken together, these rules section of this Federal Register 22, 2001). This action merely approves two BACT plan approvals cover all of publication, EPA is publishing a state law as meeting Federal the processes that were included in the separate document that will serve as the requirements and imposes no additional previously issued RACT plan approval. proposal to approve the SIP revision requirements beyond those imposed by In addition, the BACT plan approvals should EPA receive relevant adverse state law. Accordingly, the require emission reductions above and comments. This action will be effective Administrator certifies that this rule beyond those required by the RACT December 3, 2002 without further notice will not have a significant economic plan. Therefore, in a letter dated July 24, unless the EPA receives relevant impact on a substantial number of small 2002, the Massachusetts DEP withdrew adverse comments by November 4, entities under the Regulatory Flexibility its April 16, 1999 SIP revision request 2002. Act (5 U.S.C. 601 et seq.). Because this for Polaroid. In addition, Massachusetts If the EPA receives such comments, rule approves pre-existing requirements submitted documentation showing that then EPA will publish a document under state law and does not impose the three VOC emitting processes at withdrawing the final rule and any additional enforceable duty beyond Globe (the reaction spin process; the dry informing the public that the rule will that required by state law, it does not spin process; and the rubber fiber not take effect. EPA will then address all contain any unfunded mandate or process) are subject to federally public comments in a subsequent final significantly or uniquely affect small enforceable requirements contained in rule based on the proposed rule. The governments, as described in the two BACT plan approvals issued to the EPA will not institute a second Unfunded Mandates Reform Act of 1995 facility on June 6, 1996 and November comment period. Parties interested in (Pub. L. 104–4). 24, 1997. commenting should do so at this time. This rule also does not have tribal If EPA receives no such comments, the implications because it will not have a Why Is EPA Approving Massachusetts’ public is advised that this rule will be substantial direct effect on one or more Regulations and Plan Approvals? effective on December 3, 2002 and EPA Indian tribes, on the relationship EPA has evaluated the plan approvals will take no further action on the between the Federal Government and submitted for the facilities listed above proposed rule. Please note that if EPA Indian tribes, or on the distribution of and has found that these plan approvals receives adverse comment on an power and responsibilities between the are consistent with EPA guidance and amendment, paragraph, or section of Federal Government and Indian tribes, impose RACT at these facilities. this rule and if that provision may be as specified by Executive Order 13175 Therefore, EPA is approving the plan severed from the remainder of the rule, (65 FR 67249, November 9, 2000). This approvals for Barnet, Rex, Gillette, and EPA may adopt as final those provisions action also does not have Federalism Norton into the Massachusetts SIP. EPA of the rule that are not the subject of an implications because it does not have has also evaluated Massachusetts 310 adverse comment. substantial direct effects on the states, CMR 7.18(17) and has found that this Final Action: EPA is approving the on the relationship between the national regulation is generally consistent with VOC RACT plan approvals for Barnet, government and the states, or on the EPA guidance, with the exception Rex Finishing, Gillette Company, and distribution of power and discussed above, and requires RACT to Norton Company. EPA is also approving responsibilities among the various be developed at the facilities covered by Massachusetts’ VOC RACT regulation levels of government, as specified in the CAA. Since Massachusetts has, 310 CMR 7.18 (17) as it applies to the Executive Order 13132 (64 FR 43255, however, adequately addressed all of eastern Massachusetts ozone August 10, 1999), because it merely the applicable sources in the eastern nonattainment area. In addition, EPA is approves a state rule implementing a Massachusetts serious ozone approving Massachusetts’ negative federal standard, and does not alter the nonattainment area required to have declarations for the shipbuilding and relationship or the distribution of power RACT, EPA is approving this regulation repair operations and SOCMI reactor and responsibilities established in the as meeting the CAA requirements for processes CTG categories. EPA is also Clean Air Act. This rule also is not this area. Finally, EPA has evaluated approving the Solutia BACT permit as subject to Executive Order 13045 BACT plan approvals issued under 310 meeting the CAA VOC RACT ‘‘Protection of Children from CMR 7.02 and has determined that they requirements for the SOCMI distillation Environmental Health Risks and Safety

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Risks’’ (62 FR 19885, April 23, 1997), rule rather than petition for judicial Environmental Protection to the Gillette because it is not economically review, unless the objection arises after Company Andover Manufacturing Plant significant. the comment period allowed for in the on June 17, 1999. In reviewing SIP submissions, EPA’s proposal. Filing a petition for (C) Plan Approval issued by the role is to approve state choices, reconsideration by the Administrator of Massachusetts Department of provided that they meet the criteria of this final rule does not affect the finality Environmental Protection to Norton the Clean Air Act. In this context, in the of this rule for the purposes of judicial Company on August 5, 1999 and letter absence of a prior existing requirement review nor does it extend the time from the Massachusetts Department of for the state to use voluntary consensus within which a petition for judicial Environmental Protection, dated standards (VCS), EPA has no authority review may be filed, and shall not October 7, 1999, identifying the to disapprove a SIP submission for postpone the effectiveness of such rule effective date of this plan approval. failure to use VCS. It would thus be or action. This action may not be (D) Plan Approval issued by the inconsistent with applicable law for challenged later in proceedings to Massachusetts Department of EPA, when it reviews a SIP submission, enforce its requirements. See section Environmental Protection to Rex to use VCS in place of a SIP submission 307(b)(2). that otherwise satisfies the provisions of Finishing Incorporated on May 10, 1991 the Clean Air Act. Thus, the List of Subjects in 40 CFR Part 52 and letter from the Massachusetts Department of Environmental requirements of section 12(d) of the Environmental protection, Air Protection, dated April 16, 1999, National Technology Transfer and pollution control, Incorporation by identifying the effective date of this plan Advancement Act of 1995 (15 U.S.C. reference, Ozone, Volatile organic approval. 272 note) do not apply. This rule does compounds. not impose an information collection (E) Plan Approval issued by the Dated: September 3, 2002. burden under the provisions of the Massachusetts Department of Paperwork Reduction Act of 1995 (44 Robert W. Varney, Environmental Protection to Barnet U.S.C. 3501 et seq.) Regional Administrator, EPA New England. Corporation on May 14, 1991. The Congressional Review Act, 5 1. The authority citation for part 52 (ii) Additional materials. U.S.C. section 801 et seq., as added by continues to read as follows: (A) Letter from the Massachusetts the Small Business Regulatory Authority: 42 U.S.C. 7401 et seq. Department of Environmental Enforcement Fairness Act of 1996, Protection, dated April 16, 1999, generally provides that before a rule Subpart W—Massachusetts submitting negative declarations for may take effect, the agency certain VOC source categories. promulgating the rule must submit a 2. Section 52.1120 is amended by (B) Letter from the Massachusetts rule report, which includes a copy of adding paragraph (c)(129) to read as Department of Environmental the rule, to each House of the Congress follows: Protection, dated July 24, 2002, and to the Comptroller General of the § 52.1120 Identification of plan. United States. EPA will submit a report discussing wood furniture containing this rule and other required * * * * * manufacturing and aerospace coating information to the U.S. Senate, the U.S. (c) * * * requirements in Massachusetts. House of Representatives, and the (129) Revisions to the State (C) 310 CMR 7.02 BACT plan Comptroller General of the United Implementation Plan submitted by the approvals issued by the Massachusetts States prior to publication of the rule in Massachusetts Department of Department of Environmental Protection the Federal Register. A major rule Environmental Protection on February to Solutia, Saloom Furniture, Eureka cannot take effect until 60 days after it 17, 1993, April 16, 1999, and October 7, Manufacturing, Moduform, Polaroid, is published in the Federal Register. 1999. and Globe. This action is not a ‘‘major rule’’ as (i) Incorporation by reference. * * * * * defined by 5 U.S.C. section 804(2). (A) 310 CMR 7.18(17) ‘‘Reasonable 3. In § 52.1167, Table 52.1167 is Under section 307(b)(1) of the Clean Available Control Technology,’’ as it amended by adding new entries to Air Act, petitions for judicial review of applies to the eastern Massachusetts existing state citation for 310 CMR this action must be filed in the United ozone nonattainment area, effective in 7.18(17). States Court of Appeals for the the Commonwealth of Massachusetts on appropriate circuit by December 3, February 12, 1993. § 52.1167 EPA—approved Massachusetts 2002. Interested parties should (B) Plan Approval issued by the State regulations. comment in response to the proposed Massachusetts Department of * * * * *

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TABLE 52.1167—EPA–APPROVED MASSACHUSETTS REGULATIONS

Date sub- Date ap- State citation Title/Subject mitted by proved by Federal Reg- 52.1120(c) Comments/unap- State EPA ister citation proved sections

******* 310 CMR 7.18(17) Reasonable Available Con- 2/17/93 ...... 10/4/02 ...... [Insert FR ci- 129 ...... Approves VOC trol Technology. tation from RACT require- published ments for the date]. eastern Massa- chusetts ozone nonattainment area. (These requirements were previously approved for the western Massa- chusetts ozone nonattainment area.) 310 CMR 7.18(17) Reasonable Available Con- 10/7/99 ...... 10/4/02 ...... [Insert FR ci- 129 ...... VOC RACT plan ap- trol Technology. tation from proval for Gilette. published date]. 310 CMR 7.18(17) Reasonable Available Con- 10/7/99 ...... 10/4/02 ...... [Insert FR ci- 129 ...... VOC RACT plan ap- trol Technology. tation from proval for Norton. published date]. 310 CMR 7.18(17) Reasonable Available Con- 4/16/99 ...... 10/4/02 ...... [Insert FR ci- 129 ...... VOC RACT plan ap- trol Technology. tation from proval for Rex. published date]. 310 CMR 7.18(17) Reasonable Available Con- 4/16/99 ...... 10/4/02 ...... [Insert FR ci- 129 ...... VOC RACT plan trol Technology. tation from Available for published Barnet. date].

*******

[FR Doc. 02–25158 Filed 10–3–02; 8:45 am] Quality Standard for particulates. EPA Air Quality Control, Department of BILLING CODE 6560–50–P also proposes to redesignate several Environmental Protection, One Winter areas of the state from ‘‘nonattainment’’ Street, 8th Floor, Boston, MA 02108. for TSP to ‘‘cannot be classified.’’ This FOR FURTHER INFORMATION CONTACT: Ian ENVIRONMENTAL PROTECTION action is being taken in accordance with D. Cohen, (617) 918–1655. AGENCY the Clean Air Act. SUPPLEMENTARY INFORMATION: On July 40 CFR Parts 52 and 81 DATES: This direct final rule is effective 25, 1990, the Commonwealth of on December 3, 2002, without further Massachusetts submitted a formal [MA–075–7209a; A–1–FRL–7374–7] notice, unless EPA receives relevant revision to its State Implementation adverse comment by November 4, 2002. Plan (SIP). On October 1, 1990, Approval and Promulgation of Air If EPA receives any relevant adverse Massachusetts submitted additional Quality Implementation Plans; comments, EPA will publish a timely information and requested that all areas Massachusetts; Approval of PM10 withdrawal of the direct final rule in the designated as nonattainment for Total State Implementation Plan (SIP) Federal Register and inform the public Suspended Particulates (TSP) be Revisions and Designation of Areas for that the rule will not take effect. redesignated to ‘‘Cannot be Classified.’’ Air Quality Planning Purposes The SIP revision consists of changes to ADDRESSES: Comments may be mailed to Massachusetts Rules 310 CMR 6.04, AGENCY: Environmental Protection Steven Rapp, Manager, Air Permits 7.00, 8.02 and 8.03. Agency (EPA). Program Unit (mail code CAP), U.S. ACTION: Direct final rule. Environmental Protection Agency, EPA- I. Summary of SIP Revision New England, One Congress Street, Why is This Action Necessary? SUMMARY: EPA is approving a State Suite 1100, Boston, MA 02114–2023. Implementation Plan revision submitted Copies of the documents relevant to this On July 1, 1987, EPA promulgated by the Commonwealth of action are available for public revised National Ambient Air Quality Massachusetts. This revision replaces inspection during normal business Standards (NAAQS) for particulate the standard for total suspended hours, by appointment at the Office of matter, based upon measurement of particulates (TSP) with a standard for Ecosystem Protection, U.S. particles having a mean aerodynamic particulate matter with a mean Environmental Protection Agency, EPA- diameter of 10 microns or less (PM10) aerodynamic diameter of 10 microns or New England, One Congress Street, 11th (52 FR 24634). The revised standards less (PM10) as the National Ambient Air floor, Boston, MA; and the Division of replace TSP as the national particulate

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standard. In 1990, Massachusetts areas are in attainment for PM10, but we 107(d)(3)(F) of the Act prohibits submitted a SIP revision which adopted cannot assume they are also in redesignation of an area from the PM10 standard and made other attainment for TSP. We encourage the nonattainment to unclassifiable. changes in their program to reflect the states to designate these areas as Section 107(d)(4)(B) of the Act new PM10 NAAQS. Massachusetts ‘‘cannot be classified’’ to reflect this expressly provides that any designation submitted this change as part of a larger situation. for particulate matter (measured in package which also contained changes Why Does Massachusetts Need the terms of TSP) that the Administrator to their New Source Review program. At Redesignation Request? promulgated pursuant to section 107(d) that time, although some areas in prior to the date of enactment of the Massachusetts were not in attainment The redesignation will allow 1990 Amendments shall remain in effect for TSP, no exceedences of the PM10 Massachusetts to issue permits to new for purposes of implementing the standard were monitored. and modified sources under the rules of maximum allowable concentrations of Massachusetts has also requested that an attainment area. This will give particulate matter, until the EPA redesignate these areas to ‘‘cannot Massachusetts more flexibility in its Administrator determines that such be classified.’’ New Source Review (NSR) permitting designation is no longer necessary. program. What Did Massachusetts Submit? It is EPA’s view that the purpose for What Is EPA’s Rationale for the TSP designations found in section On July 25, 1990, Massachusetts Redesignating a ‘‘Non-attainment’’ Area 107(d)(4) are based on a congressional submitted a formal request for a SIP to ‘‘Cannot Be Classified’? intent which is largely different from Revision. This package revised four the purpose for the redesignation sections of 310 CMR, specifically 310 There are multiple reasons for redesignating a ‘‘non-attainment’’ area requirements found in section 107(d)(3). CMR 6.04, 7.00, 8.02 and 8.03. Some of Section 107(d)(4) indicates that these changes made PM10 the to ‘‘cannot be classified’’ in this specific situation. First, Massachusetts no longer Congress envisioned that EPA would particulate standard. Other changes keep the TSP designations for the affected the New Source Review monitors for TSP. It has not monitored for TSP since 1989. The Commonwealth narrow purpose of implementing the program, and EPA will consider them in particulate matter increments measured a separate action. On October 1, 1990, currently monitors for PM10 and there is evidence that all areas in the in terms of TSP. Section 107(d)(3) is, in Massachusetts also submitted a formal part, directed to limiting redesignations request to redesignate all TSP Commonwealth are in attainment for the PM10 NAAQS. Second, although consistent with the the statute’s air nonattainment areas to ‘‘cannot be quality goals by ensuring, for example, classified.’’ Massachussetts no longer monitors for TSP, the last available TSP monitoring that before a nonattainment area is What Specific Changes Is EPA data indicated that Massachusetts was redesignated attainment, the applicable Approving? in attainment for TSP. However, in SIP requirements have been implemented and the area attains the EPA is approving changes to these order to be able to redesignate an area applicable NAAQS. These requirements sections of the Code of Massachusetts to ‘‘attainment,’’ an attainment make sense and have force where there Rules: 310 CMR 6.04 7.00, 8.02 and demonstration, which includes at least are relevant NAAQS in place. However, 8.03. Specifically, Massachusetts is three years of data indicating that a state there are no TSP NAAQS and there is changing Section 6.04(2) to make PM10 is in attainment, is required as part of no TSP-directed SIP program. While at the standard for particulate matter. In the plan revision. Since the this time EPA believes that a TSP Section 7.00, Massachusetts adds Commonwealth stopped monitoring for designation may be necessary to definitions of PM10 and PM10 TSP it was never able to gather all the implement the particulate matter emissions. In Section 8.02, data required to substantiate the change. increments, this narrow purpose can be Massachusetts adds a definition of Therefore, Massachussetts is not able to fostered with any designation for TSP. PM10. In Section 8.03, Massachusetts meet the necessary requirements to Therefore, EPA believes that it is makes PM10 the particulate criteria redesignate the TSP nonattainment reasonable to conclude that TSP used to determine air pollution episode areas to attainment. Since the redesignations are not subject to the alerts and warnings. attainment designation is not an option, the Commonwealth is requesting that all section 107(d)(3) requirements. Thus, What Will These Changes Do? the non-attainment areas be among other things, an area could be These changes will make redesignated as ‘‘cannot be classified.’’ redesignated from nonattainment to Massachusetts law consistent with the Clean Air Act section 107(d)(3) sets cannot be classified for TSP. Under Federal NAAQS. They will eliminate out the requirements for redesignation these very limited circumstances, EPA the possibility of using TSP as an of an area. 42 U.S.C. 7407(d)(3). For has stated that on or after the date it outdated ambient air quality standard example, section 107(d)(3)(A) indicates approves a state’s PM–10 SIP, it for particulate matter. the basis upon which EPA may initiate encourages and will approve state a redesignation and sections requests to redesignate TSP What Is the Redesignation Request? 107(d)(3)(A)–(D), among other things, nonattainment areas to cannot be 40 CFR 81.322 lists some areas in specify the affected state’s role in the classified (52 FR 24670). Massachusetts as being designation process, including authority Since TSP was replaced by PM10 as ‘‘nonattainment’’ for TSP. for the state to initiate process. Sections a criteria pollutant, the redesignation of Massachusetts requested to redesignate 107(d)(3)(E) and (F) set out restrictions the specified areas will benefit these areas from ‘‘nonattainment’’ to which apply to redesignation of a Massachusetts as it continues to monitor ‘‘cannot be classified.’’ Since TSP is no nonattainment area. Section 107(d)(3)(E) criteria pollutants and issue permits to longer a criteria pollutant, this prohibits redesignation of an area from new and modified sources under the nonattainment designation is no longer nonattainment to attainment unless five current federal standards. Ultimately, meaningful. The areas cannot be specific conditions are met. As the redesignations will have a beneficial redesignated to attainment, since TSP is mentioned above, Massachusetts cannot effect on the air quality of no longer being measured. All of the meet these conditions. Section Massachusetts.

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Is This Action Affected by the Decision subsequent final rule based on the August 10, 1999), because it merely in American Trucking Assoc. v. U.S. proposed rule. The EPA will not approves a state rule implementing a EPA? institute a second comment period on federal standard, and does not alter the This action is not affected by the the proposed rule. Parties interested in relationship or the distribution of power court’s decision in American Trucking commenting on the proposed rule and responsibilities established in the should do so at this time. If EPA Clean Air Act. This rule also is not Assoc. v. U.S. EPA, 175 F.3d 1027 (D.C. receives no such comments, the public subject to Executive Order 13045 Cir.1999) (‘‘American Trucking’’), recv’d is advised that this rule will be effective ‘‘Protection of Children from on other grounds, 531 U.S. 457 (2001). on December 3, 2002, and the Agency Environmental Health Risks and Safety This action is based on the original will take no further action on the Risks’’ (62 FR 19885, April 23, 1997), PM10 NAAQS promulgated in 1987. proposed rule. Furthermore, please note because it is not economically The American Trucking decision that if EPA receives relevant adverse significant. questions EPA’s revised NAAQS comment on an amendment, paragraph, In reviewing SIP submissions, EPA’s introducing the PM2.5 (PM fine) or section of this rule and if that role is to approve state choices, standard. With regards to the relevant provision may be severed from the provided that they meet the criteria of PM10 standard, the court stated that the remainder of the rule, EPA may adopt the Clean Air Act. In this context, in the record contains sufficient evidence to as final those provisions of the rule that absence of a prior existing requirement justify the Agency’s decision to regulate are not the subject of a relevant adverse for the state to use voluntary consensus coarse particle pollution: The comment. standards (VCS), EPA has no authority relationship between PM 10 pollution to disapprove a SIP submission for and adverse health effects justifying the III. Administrative Requirements failure to use VCS. It would thus be 1987 NAAQS is well established. Under Executive Order 12866 (58 FR inconsistent with applicable law for Did Massachusetts Request Other 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Changes to 310 CMR 7.00? not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission therefore is not subject to review by the that otherwise satisfies the provisions of Massachusetts requested several Office of Management and Budget. For the Clean Air Act. Thus, the changes to their New Source Review this reason, this action is also not requirements of section 12(d) of the program at the same time they made this subject to Executive Order 13211, National Technology Transfer and request. The EPA will address the other ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. changes in another Federal Register Significantly Affect Energy Supply, 272 note) do not apply. This rule does package. Distribution, or Use’’ (66 FR 28355, May not impose an information collection II. Final Action 22, 2001). This action merely approves burden under the provisions of the state law as meeting Federal Paperwork Reduction Act of 1995 (44 EPA is approving revisions to 310 requirements and imposes no additional U.S.C. 3501 et seq.) CMR 6.04, 7.00, 8.02, and 8.03 and is requirements beyond those imposed by The Congressional Review Act, 5 redesignating all areas in Massachusetts state law. Accordingly, the U.S.C. 801 et seq., as added by the Small currently designated as nonattainment Administrator certifies that this rule Business Regulatory Enforcement for TSP to ‘‘Cannot be Classified.’’ The will not have a significant economic Fairness Act of 1996, generally provides Agency has reviewed this request for impact on a substantial number of small that before a rule may take effect, the revision of the federally-approved state entities under the Regulatory Flexibility agency promulgating the rule must implementation plan for conformance Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a with the provisions of the 1990 rule approves pre-existing requirements copy of the rule, to each House of the amendments enacted on November 15, under state law and does not impose Congress and to the Comptroller General 1990. The Agency has determined that any additional enforceable duty beyond of the United States. EPA will submit a this action conforms with those that required by state law, it does not report containing this rule and other requirements irrespective of the fact that contain any unfunded mandate or required information to the U.S. Senate, the submittal preceded the date of significantly or uniquely affect small the U.S. House of Representatives, and enactment. governments, as described in the the Comptroller General of the United The EPA is publishing this action Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in without prior proposal because the (Pub. L. 104–4). the Federal Register. A major rule Agency views this as a noncontroversial This rule also does not have tribal cannot take effect until 60 days after it amendment and anticipates no adverse implications because it will not have a is published in the Federal Register. comments. However, in the proposed substantial direct effect on one or more This action is not a ‘‘major rule’’ as rules section of this Federal Register Indian tribes, on the relationship defined by 5 U.S.C. 804(2). publication, EPA is publishing a between the Federal Government and Under section 307(b)(1) of the Clean separate document that will serve as the Indian tribes, or on the distribution of Air Act, petitions for judicial review of proposal to approve the SIP revision power and responsibilities between the this action must be filed in the United should relevant adverse comments be Federal Government and Indian tribes, States Court of Appeals for the filed. This rule will be effective as specified by Executive Order 13175 appropriate circuit by December 3, December 3, 2002, without further (65 FR 67249, November 9, 2000). This 2002. Interested parties should notice unless the Agency receives action also does not have Federalism comment in response to the proposed relevant adverse comments by implications because it does not have rule rather than petition for judicial November 4, 2002. substantial direct effects on the States, review, unless the objection arises after If the EPA receives such comments, on the relationship between the national the comment period allowed for in the then EPA will publish a notice government and the States, or on the proposal. Filing a petition for withdrawing the final rule and distribution of power and reconsideration by the Administrator of informing the public that the rule will responsibilities among the various this final rule does not affect the finality not take effect. All public comments levels of government, as specified in of this rule for the purposes of judicial received will then be addressed in a Executive Order 13132 (64 FR 43255, review nor does it extend the time

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within which a petition for judicial Dated: August 29, 2002. (c) * * * review may be filed, and shall not Robert W. Varney, (120) Revisions to the State postpone the effectiveness of such rule Regional Administrator. Implementation Plan submitted by the or action. This action may not be Part 52 of chapter I, title 40 of the Massachusetts Department of challenged later in proceedings to Code of Federal Regulations is amended Environmental Protection on July 25, enforce its requirements. (See section as follows: 1990. 307(b)(2).) PART 52—[AMENDED] (i) Incorporation by reference. List of Subjects (A) 310 CMR 6.04, 7.00, and 8.02 and 1. The authority citation for part 52 40 CFR Part 52 8.03 (August 17, 1990). continues to read as follows: * * * * * Environmental protection, Air Authority: 42 U.S.C. 7401 et seq. pollution control, Incorporation by 3. In § 52.1167 Table 52.1167 is reference, Intergovernmental relations, Subpart W—Massachusetts amended by adding new entries to Particulate matter, Reporting and existing state citations for 310 CMR 2. Section 52.1120 is amended by recordkeeping requirements. 6.04, 7.00, 8.02, and 8.03; to read as adding paragraph (c)(120) to read as follows: 40 CFR Part 81 follows: § 52.1167 EPA—approved Massachusetts Environmental protection, Air § 52.1120 Identification of plan. State regulations. pollution control, National parks. * * * * * * * * * *

TABLE 52.1167.—EPA-APPROVED MASSACHUSETTS REGULATIONS

Date sub- Date ap- FEDERAL Comments/unap- State citation Title/Subject mitted by proved by REGISTER 52.1120(c) proved sections State EPA citation

******* 310 CMR 6.04 ...... Standards ...... 7/25/90 10/04/02 ...... [Insert FR ci- 120 ...... Adopt PM10 as tation from the criteria pol- published lutant for partic- date]. ulates. 310 CMR 7.00 ...... Definitions ...... 7/25/90 10/04/02 ...... [Insert FR ci- 120 ...... Add a definition tation from of PM10. published date].

******* 310 CMR 8.02 ...... Definitions ...... 7/25/90 10/04/02 ...... [Insert FR ci- 120 ...... Add a definition tation from of PM10. published date]. 310 CMR 8.03 ...... Criteria ...... 7/25/90 10/04/02 ...... [Insert FR ci- 120 ...... Make PM10 the tation from particulate cri- published teria for deter- date]. mining emergeny epi- sodes.

*******

PART 81—[AMENDED] Subpart C—Section 107 Attainment § 81.322 Massachusetts. Status Designations 1. The authority citation for part 81 continues to read as follows: 2. Section 81.322 is amended by Authority: 42 U.S.C. 7401 et seq. revising the table for Massachusetts TSP to read as follows:

MASSACHUSETTS—TSP

Does not Does not meet sec- Cannot be Better than Designated area meet primary ondary stand- classified national standards ards standards

Berkshire AQCR: Adams ...... x ...... North Adams ...... x ...... Pittsfield ...... x ...... All other cities and towns ...... x Central Massachusetts AQCR:

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MASSACHUSETTS—TSP—Continued

Does not Does not meet sec- Cannot be Better than Designated area meet primary ondary stand- classified national standards ards standards

Worcester ...... x ...... Athol ...... x ...... Gardner ...... x ...... Gratton ...... x ...... Leominster ...... x ...... Millbury ...... x ...... Shrewsbury ...... x ...... All other cities and towns ...... x Merrimack Valley AQCR: Haverhill ...... x ...... Lawrence ...... x ...... All other cities and towns ...... x Pioneer Valley AQCR: Springfiled ...... x ...... Chicopee ...... x ...... Holyoke ...... x ...... Northampton ...... x ...... South Hadley ...... x ...... West Springfiled ...... x ...... All other cities and towns ...... x Southeastern Massachusetts AQCR: Fall River ...... x ...... Attleboro ...... x ...... New Bedford ...... x ...... Taunton ...... x ...... All other cities and towns ...... x Metropolitan Boston AQCR: Topsfield ...... x ...... Wakefield ...... x ...... Walpole ...... x ...... Watertown ...... x ...... Wayland ...... x ...... Wellesley ...... x ...... Wenham ...... x ...... Weston ...... x ...... Westwood ...... x ...... Weymouth ...... x ...... Winchester ...... x ...... Winthrop ...... x ...... Boston ...... x ...... Danvers ...... x ...... Cambridge ...... x ...... Framingham ...... x ...... Lynn ...... x ...... Marblehead ...... x ...... Norwood ...... x ...... Medford ...... x ...... Peabody ...... x ...... Quincy ...... x ...... Revere ...... x ...... Swampscott ...... x ...... Waltham ...... x ...... Arlington ...... x ...... Belmont ...... x ...... Beverly ...... x ...... Braintree ...... x ...... Brockton ...... x ...... Brookline ...... x ...... Canton ...... x ...... Chelsa ...... x ...... Dedham ...... x ...... Everett ...... x ...... Malden ...... x ...... Marlborough ...... x ...... Melrose ...... x ...... Middletown ...... x ...... Milton ...... x ...... Natick ...... x ...... Needham ...... x ......

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MASSACHUSETTS—TSP—Continued

Does not Does not meet sec- Cannot be Better than Designated area meet primary ondary stand- classified national standards ards standards

Newton ...... x ...... Salem ...... x ...... Saugus ...... x ...... Somerville ...... x ...... Southborough ...... x ...... Stonehamd ...... x ...... All other cities and towns ...... x

* * * * * the Office participates. 42 U.S.C. 4375. statements and Environmental Quality [FR Doc. 02–25154 Filed 10–3–02; 8:45 am] The Director of the Office of Office. BILLING CODE 6560–50–P Environmental Quality (OEQ) is For the reasons stated in the required to promulgate regulations preamble, add part 1518 of title 40 of setting forth policies and procedures for the Code of Federal Regulations to read COUNCIL ON ENVIRONMENTAL operation of the OEQ Management as follows: QUALITY Fund. 42 U.S.C. 4375(c). The OEQ Director adopted policies and PART 1518—OFFICE OF 40 CFR Part 1518 procedures for operation of the OEQ ENVIRONMENTAL QUALITY Management Fund in January of 1985. MANAGEMENT FUND RIN 0331–ZA00 These policies and procedures have Sec. Office of Environmental Quality been revised to provide for the 1518.1 Purpose. Management Fund development and implementation of 1518.2 Definitions. interagency agreements to assist the 1518.3 Policy. AGENCY: Council on Environmental OEQ’s oversight and administration of 1518.4 Procedures. Quality, Executive Office of the the Management Fund. In accordance Authority: 42 U.S.C. 4375(c). President. with the Environmental Quality ACTION: Final rule. Improvement Act, these policies and § 1518.1 Purpose. procedures are hereby promulgated as The purpose of the OEQ Management SUMMARY: In 1984, the Environmental regulations. Because these regulations Fund is to finance: Quality Improvement Act was amended are related solely to agency (a) Study contracts that are jointly to establish an Office of Environmental management, their promulgation is not sponsored by OEQ and one or more Quality Management Fund (OEQ subject to notice and comment in other Federal agency; and Management Fund) for the purpose of accordance with 5 U.S.C. 553(a)(2). (b) Federal interagency environmental financing interagency policy The OEQ considers this rule to be a projects (including task forces) in which development studies and projects. In procedural rule which is exempt from OEQ participates. See 42 U.S.C. 4375(a). accordance with that statute, the notice-and-comment under 5 U.S.C. § 1518.2 Definitions. Director of the Office of Environmental 533(b)(3)(A). Quality promulgates the following This rule is not a significant rule and (a) Advance Payment: Amount of policies and procedures for operation of is not subject to review by the Office of money prepaid pursuant to statutory the OEQ Management Fund. Management and Budget under authorization in contemplation of the DATES: Effective September 25, 2002. Executive Order 12866. later receipt of goods, services, or other assets. FOR FURTHER INFORMATION CONTACT: (1) This rule will not have an effect of (b) Director: The Director of the Office Dinah Bear, General Counsel, Council $100 million or more on the economy. of Environmental Quality. The on Environmental Quality, 722 Jackson It will not adversely affect in a material Environmental Quality Improvement Place, NW., Washington, DC 20503. way the economy, productivity, Act specifies that the Chairman of the Telephone: (202) 395–7421. competition, jobs, the environment, Council on Environmental quality shall SUPPLEMENTARY INFORMATION: The public health or safety, or State, local, serve as the Director of OEQ. 42 U.S.C. Environmental Quality Improvement or tribal governments or communities. 4372(a). Act, as amended (Pub. L. 91–224, Title (2) This rule will not create a serious (c) OEQ Management Fund (‘‘Fund’’): II, April 3, 1970; Pub. L. 97–258, inconsistency or otherwise interfere The Management Fund for the Office of September 13, 1982; and Pub. L. 98– with an action taken or planned by Environmental Quality. 581, October 30, 1984) establishes an another agency. (d) Interagency Agreement: A Office of Environmental Quality (3) This rule does not alter the document jointly executed by OEQ and Management Fund (OEQ Management budgetary effects or entitlements, grants, another agency or agencies, which sets Fund) to receive advance payments user fees, or loan programs or the rights forth the details of a joint study or from other agencies or accounts that or obligations of their recipients. project and the funding arrangements may be used solely to finance (1) study (4) This rule does not raise novel legal for such a study or project. contracts that are jointly sponsored by or policy issues. (e) Project Officer: The Council on the Office of Environmental Quality and Environmental Quality staff member List of Subjects in 40 CFR Part 1518 one or more federal agencies and (2) charged with day-to-day supervision of federal interagency environmental Accounting, Administrative practice an OEQ Management Fund study or projects (including task forces) in which and procedure, Environmental impact project.

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(f) Source: The agency or account study or project; identify the particular project or study must be from which funds are contributed into participating agency or agencies; matched with the source contribution the Fund. provide the names, titles and phone and approved by the Director or the numbers of the Project Officer and Project Officer. § 1518.3 Policy administrative contact. (8) The Director may transfer (a) All studies and projects financed (3) Charters may be amended by Management Fund resources for any through the OEQ Management Fund preparing a formal amendment, which study or project to other federal shall be consistent with the purposes sets forth the new language to be accounts or other OEQ subaccounts and goals of the National Environmental incorporated in the existing charter. provided that the transfer: Policy Act and/or the Environmental (4) The Director shall approve all (i) Is approved in writing by the Quality Improvement Act. Management Fund charters and source agency that provided the portion (b) Agency funds accepted by the amendments in writing. of the funds being transferred; Director for transfer into the OEQ (5) Copies of each charter and charter (ii) Promotes the statutory mission of Management Fund shall specify the amendment approved by the Director OEQ; and purposes permissible under the source shall be provided to the Contracts (iii) Is justified by the Director as appropriation and any restrictions Branch and the Financial Management being in the best interests of the relating thereto. Division of the Office of Administration, government. (c) The Director may authorize Executive Office of the President. (9) Financial transactions shall be expenditures to support OEQ (b) Finances and accounting: (1) classified under each Management Management Fund studies and projects, Annual budget estimates shall be Funds subaccount in sufficient detail to including: prepared for the OEQ Management satisfy management planning, control (1) Leasing office space and providing Fund. requirements and financial audit utilities; (2) An operating budget for each requirements. (2) Leasing or purchasing equipment; project or study shall be submitted to (10) All fund expenditures must (3) Funding travel; the Financial Management Division of comport with the purposes of the (4) Contracting for goods and services; the Office of Administration, Executive Management Fund and follow CEQ and Office of the President. approval procedures. Any fund (5) Funding consultants and (3) All contributions from other expenditures pursuant to interagency personnel costs for task force agencies to the OEQ Management Fund agreement for the provision of employees. for a joint study or project shall be administrative services shall comport (d) In carrying out the purposes of the accomplished by interagency with the CEQ approval procedures OEQ Management Fund, the Director is agreements, which shall provide for full specified in the interagency agreement. authorized to contract with public or payment of funds on an advance basis. Dated: September 30, 2002. private agencies, institutions, 42 U.S.C. 4375(a). organizations and individuals, by (4) All contributions by the Office of James L. Connaughton, negotiation, without regard to 31 U.S.C. Environmental Quality or the Council Director, Office of Environmental Quality, 3324(a) and (b) 41 U.S.C. 5, and 42 on Environmental Quality to the OEQ and Chairman, Council on Environmental Quality. U.S.C. 4372(e). All such contracting Management Fund for a joint study or activities shall be accomplished through project shall be accomplished by a letter [FR Doc. 02–25161 Filed 10–3–02; 8:45 am] the Office of Administration, Executive of transmittal which specifies the BILLING CODE 3125–01–M Office of the President. The Director particular study or project to be funded. may, by interagency agreement with A copy of this transmittal letter shall be another federal agency or agencies and provided to the Financial Management NATIONAL AERONAUTICS AND with the concurrence of the Office of Division of the Office of Administration, SPACE ADMINISTRATION Administration’s Financial Management Executive Office of the President. Division, obtain specific administrative (5) The OEQ Management Fund is a 48 CFR Part 1804 services (including contracting no-year appropriations account, which RIN 2700–AC33 activities) in support of OEQ can accept one-year or multiple-year Management Fund studies or projects. funds, and is available until the Contract Numbering (e) Task forces and projects funded by objectives for which the authority was AGENCY: National Aeronautics and made available are attained. Funds the OEQ Management Fund are Space Administration. permitted to make expenditures for all transferred into the Management Fund ACTION: project and study activities, except for are individually accounted for and Final rule. compensation or benefits for full-time expire under the terms of their SUMMARY: This final rule revises the OEQ employees or to reimburse OEQ or appropriation. NASA FAR Supplement (NFS) by CEQ for ordinarily appropriated (6) Any agency, including the Office making administrative changes to the expenses, such as salaries, benefits, rent, of Environmental Quality and the contract identification numbering telephone and supplies. Council on Environmental Quality, may scheme used by NASA. This change is provide technical expertise, physical § 1518.4 Procedures. necessary for implementation of resources, facilities, equipment, or other NASA’s Integrated Financial (a) Charters: (1) A charter must be assets; perform support or Management System. prepared for each project or study to be administrative services; or assign financed and supported by the OEQ detailees or agency representatives to an EFFECTIVE DATE: October 4, 2002. Management Fund. OEQ Management Fund project or FOR FURTHER INFORMATION CONTACT: (2) The charter must clearly state the study. These contributions may be in Celeste Dalton, NASA, Office of relation of the study or project to the addition to funding. Procurement, Contract Management goals and purposes of the Office of (7) Subaccounts shall be established Division (Code HK); (202) 358–1645; e- Environmental Quality and the National within OEQ Management Fund for each mail: [email protected]. Environmental Policy Act; describe the project or study. All expenditures for a SUPPLEMENTARY INFORMATION:

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A. Background (ix) Removing ‘‘NAS 7’’ and adding be enhanced. Over 800,000 shipments of NASA is in the process of ‘‘NAS7–’’ in its place; and hazardous materials occur each day in implementing a new Agency-wide (x) Removing ‘‘NAS 13’’ and adding the United States. The overwhelming Integrated Financial Management ‘‘NAS13’’ in its place; majority of these shipments— System. This implementation requires a b. In paragraph (c) removing ‘‘DEN 8’’ approximately 95 percent—are made by minor change to the number of digits and adding ‘‘DEN8–’’ in its place; and highway. Many of the hazardous and sequence of characters used in the c. In paragraph (d) removing ‘‘NCA 8’’ materials transported by motor carriers contract identification number. This and adding ‘‘NCA8–’’ in its place. potentially may be used as weapons of mass destruction or in the manufacture final rule makes these administrative 1804.7103 [Amended] changes to the contract numbering of such weapons. Since September 11, scheme used for NASA contracts. 4. Amend section 1804.7103 in 2001, on several occasions, Federal law paragraph (a) by removing ‘‘NAS 2 enforcement officials provided B. Regulatory Flexibility Act 97001 and NAS 2 97002’’ and adding information indicating that terrorist This final rule does not constitute a ‘‘NAS2–97001 and NAS2–97002’’ in its organizations may be planning to use significant revision within the meaning place. motor vehicles transporting certain hazardous materials for additional of FAR 1.501 and Public Law 98–577, [FR Doc. 02–25183 Filed 10–3–02; 8:45 am] and publication for public comment is terrorist attacks on facilities in the not required. However, NASA will BILLING CODE 7510–01–P United States. consider comments from small entities Prior to 1975, the Secretary of concerning the affected NFS Part 1804 Transportation regulated the in accordance with 5 U.S.C. 610. DEPARTMENT OF TRANSPORTATION transportation of hazardous materials by highway under the authority of the C. Paperwork Reduction Act Federal Motor Carrier Safety Motor Carrier Safety Act (MCSA). The The Paperwork Reduction Act does Administration authority to issue regulations under the not apply because the changes do not MCSA is currently delegated to FMCSA. impose recordkeeping or information 49 CFR Part 397 49 CFR 1.73(g). In 1974, Congress collection requirements which require [Docket No. FMCSA–02–13376; Docket No. passed the Hazardous Materials the approval of the Office of RSPA–02–12773 (HM–232B)] Transportation Act (HMTA). The HMTA Management and Budget under 44 gave the Secretary the authority to issue U.S.C. 3501, et seq. RIN 2126—AA74; RIN 2137–AD69 ‘‘regulations for the safe transportation in commerce of hazardous materials’’ Revision to Periodic Tire Check List of Subjects in 48 CFR Part 1804 applicable to ‘‘any person who Requirement for Motor Carriers Government Procurement. transports, or causes to be transported or Transporting Hazardous Materials Tom Luedtke, shipped, a hazardous material * * * .’’ Public Law 93–633; 88 Stat. 2156 (Jan. Assistant Administrator for Procurement. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. 3, 1975). The Secretary delegated this Accordingly, 48 CFR Part 1804 is ACTION: Final rule. rulemaking authority to RSPA. 49 CFR amended as follows: 1.53(b). 1. The authority citation for 48 CFR SUMMARY: The Federal Motor Carrier Motor carriers that transport Part 1804 continues to read as follows: Safety Administration is eliminating an hazardous materials in interstate Authority: 42 U.S.C. 2473(c)(1). outdated requirement for certain motor commerce must comply with both the vehicle operators to stop periodically to Hazardous Materials Regulations (HMR; PART 1804—ADMINISTRATIVE check their tires. Eliminating this 49 CFR parts 171–180), administered by MATTERS requirement enhances the security of RSPA, and the Federal Motor Carrier 1804.7101 [Amended] hazardous materials shipments. Safety Regulations (FMCSR; 49 CFR parts 390–397), administered by DATES: The effective date of this final 2. Amend section 1804.7101 in FMCSA. Motor carriers that transport rule is November 4, 2002. paragraph (b) by removing the number hazardous materials in intrastate ‘‘11’’ and adding ‘‘10’’ in its place. FOR FURTHER INFORMATION CONTACT: commerce must comply with the HMR, William Quade, (202) 366–6121, Office 1804.7102 [Amended] and the FMCSR to the extent that they of Enforcement and Compliance (MC– apply (See 62 FR 1208, 1213 (January 8, 3. Amend section 1804.7102 by— ECH), Federal Motor Carrier Safety 1997) and 49 CFR 177.804). As a result a. In the table of paragraph (a) under Administration, 400 Seventh Street, of a 1984 amendment to the MCSA and the column CONTRACT PREFIX— SW., Washington, DC 20590. Office a 1990 amendment to the HMTA, RSPA (i) Removing ‘‘NAS 2’’ and adding hours are from 7:30 a.m. to 4:15 p.m., is authorized to eliminate or amend ‘‘NAS2–’’ in its place; e.t., Monday through Friday, except regulations (other than highway routing (ii) Removing ‘‘NAS 4’’ and adding Federal holidays. ‘‘NAS4–’’ in its place; regulations) that appear in part 397 of (iii) Removing ‘‘NAS 3’’ and adding SUPPLEMENTARY INFORMATION: the FMCSR and that apply solely to the maintenance, equipment, loading, or ‘‘NAS3–’’ in its place; Background (iv) Removing ‘‘NAS 5’’ and adding operation of motor vehicles carrying ‘‘NAS5–’’ in its place; After the terrorist attacks of hazardous materials. Therefore, we are (v) Adding a hyphen immediately September 11, 2001, the Federal Motor issuing this final rule as a joint RSPA– after ‘‘NASW’’; Carrier Safety Administration (FMCSA) FMCSA rulemaking. (vi) Removing ‘‘NAS 9’’ and adding and the Research and Special Programs Section 397.17 of the FMCSR requires ‘‘NAS9–’’ in its place; Administration (RSPA) reviewed periodic tire inspections for certain (vii) Removing ‘‘NAS 1’’ and adding government and industry hazardous vehicles transporting hazardous ‘‘NAS1–’’ in its place; materials transportation safety and materials. Drivers of vehicles with dual (viii) Removing ‘‘NAS 8’’ and adding security programs with a view towards tires must stop every two hours or 100 ‘‘NAS8–’’ in its place; identifying areas where security should miles to inspect the tires. When

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originally promulgated, this A commenter who supports the requirements of Executive Order 13175 requirement was intended to prevent proposal notes that 49 CFR 392.9, Safe do not apply. possible fires caused by overheated loading, requires drivers of trucks and Unfunded Mandates Reform Act of 1995 tube-type tires. With advancements in truck tractors to stop periodically to tire technology, fires caused by tire examine the vehicle’s cargo and its load- This final rule does not impose an overheating occur much less frequently. securing devices. The commenter unfunded mandate, as defined by the To require a vehicle transporting a suggests that we also analyze the risk Unfunded Mandates Reform Act of 1995 hazardous material to stop at frequent and benefits related to periodic (2 U.S.C. 1532 et seq.) that will result in regular intervals increases the security inspection of load-securing devices. The the expenditure by State, local, and risk associated with such transportation. requirement for safe loading of cargo tribal governments, in the aggregate, or Any stop provides an opportunity for applies to all types of cargo and not just by the private sector, of $100 million or potential highjacking or theft of the hazardous materials shipments, and more in any one year. vehicle and its cargo. Eliminating the therefore is outside the scope of this tire check stop reduces this potential rulemaking. Paperwork Reduction Act security risk. On July 16, 2002, we Rulemaking Analyses and Notices This action does not contain an published a Notice of Proposed information collection requirement for Executive Order 12866 (Regulatory Rulemaking (NPRM) (67 FR 46624) the purposes of the Paperwork Planning and Review) and DOT proposing to eliminate this outdated Reduction Act of 1995 (44 U.S.C. 3501– Regulatory Policies and Procedures requirement for certain motor vehicle 3520). operators to stop periodically to check The FMCSA has determined that this their tires. is not a significant regulatory action Environmental Assessment Discussion of Comments within the meaning of Executive Order There are no significant 12866, or significant within the meaning We received eight comments on the environmental impacts associated with of DOT regulatory policies and this final rule. NPRM. Most commenters support the procedures (44 FR 11034). proposal to eliminate the requirement Eliminating the periodic tire check List of Subjects in 49 CFR Part 397 that certain motor vehicle operators requirement for motor vehicles periodically stop to check their tires. transporting hazardous materials will Administrative practice and They agree with us that advancements not result in increased compliance costs procedure, Highway safety, in tire technology, specifically the on the industry. Instead, eliminating Intergovernmental relations, Motor elimination of inner-tubes, have largely periodic stops to check tires will carriers, Parking, Radioactive materials, eliminated the risk of fire caused by tire decrease costs for the industry by Reporting and recordkeeping overheating. Hence, stopping every two reducing en route shipment delays and, requirements, Tires. hours or 100 miles to check the tires is thus, improving overall delivery times. In consideration of the foregoing, no longer necessary. The commenters Because this final rule eliminates a FMCSA is amending chapter III, also support our position that frequent requirement, preparation of a cost- subchapter B, Title 49 of the Code of stops compromise the security of benefit analysis is not warranted. Federal Regulations, as follows: hazardous materials shipments and increase the vulnerability to theft and Regulatory Flexibility Act PART 397—TRANSPORTATION OF hijackings. In compliance with the Regulatory HAZARDOUS MATERIALS; DRIVING One commenter disagrees with the Flexibility Act (5 U.S.C. 601 et seq.), the AND PARKING RULES proposed changes, stating that a FMCSA evaluated the effects of this reduction in potential security risks for action on small entities. Accordingly, 1. The authority citation for part 397 motor carriers should not come from the we certify that this action does not have is revised to read as follows: elimination of regulations that were a significant economic impact on a Authority: 49 U.S.C. 322; 49 CFR 1.73. established to promote carrier and substantial number of small entities. public safety. As stated in the NPRM, Subpart A also issued under 49 U.S.C. 5103, Executive Order 13132 (Federalism) 31136, 31502, and 49 CFR 1.53. Subparts C, we are not eliminating all tire checks. D, and E also issued under 49 U.S.C. 5112, An operator of a motor vehicle This action was analyzed in 5125. transporting hazardous materials must accordance with the principles and still check each tire at the beginning of criteria contained in Executive Order 2. In § 397.17, paragraph (a) is revised each trip and each time the vehicle is 13132. It has been determined that this to read as follows: parked. Thus, we do not agree that final action does not have a substantial § 397.17 Tires. elimination of the periodic 2 hour/100 direct effect on States, nor would it limit mile tire check requirement reduces the policy-making discretion of the (a) A driver must examine each tire on safety. This commenter also suggests States. Nothing in this document a motor vehicle at the beginning of each that training for drivers that includes preempts any State law or regulation. trip and each time the vehicle is parked. increased security awareness * * * * * concerning hijackings and theft would Executive Order 13175 Issued on September 30, 2002. be beneficial. In this regard, we note This final rule has been analyzed that in an NPRM published under under Executive Order 13175 Joseph M. Clapp, Docket HM–232 on May 2, 2002 (67 FR (Consultation and Coordination with Administrator, Federal Motor Carrier Safety 22030), we are proposing to add a Indian Tribal Governments). Because Administration. provision to § 172.704 to require the this final rule does not significantly or Ellen G. Engleman, training of hazmat employees to include uniquely affect the communities of the Administrator, Research and Special a security component covering how to Indian tribal governments and does not Programs Administration. recognize and respond to possible impose substantial direct compliance [FR Doc. 02–25226 Filed 10–3–02; 8:45 am] security threats. costs, the funding and consultation BILLING CODE 4910–EX–P

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DEPARTMENT OF THE INTERIOR proposed rule, 32 were opposed to The tropical species would survive in adding snakeheads to the list of the warmest waters such as extreme Fish and Wildlife Service injurious fishes, and 34 stated their southern Florida, perhaps parts of support for the proposed rule. Of the southern California, Hawaii, and certain 50 CFR Part 16 386 nonrelevant or nonsignificant thermal spring systems and their RIN 1018–AI36 comments, 353 were electronic outflows in the American west. The messages that were generated tropical to subtropical species would Injurious Wildlife Species; Snakeheads erroneously, 13 were electronic have a similar potential range of (family Channidae) messages pertaining to investment distribution as for tropical species but scams, 8 were electronic messages with a greater likelihood of survival AGENCY: Fish and Wildlife Service, pertaining to advertising, one comment during cold winters and more Interior. offered a resume for employment northward limits. The tropical or ACTION: Final rule. opportunities, 2 were unknown, 2 subtropical to warm temperate species offered suggestions/opinions on treating could survive in most southern States. SUMMARY: The U.S. Fish and Wildlife the ponds in Crofton, Maryland, and 7 The warm temperate, and warm Service adds all species of snakehead provided information on sightings of temperate to cold temperate, species fishes in the Channidae family to the list snakeheads. Of the 67 comments that could survive in most areas of the of injurious fish, mollusks, and were considered relevant and United States. crustaceans. By this action, the Service significant, one came from a Federal Although the tropical to subtropical prohibits the importation into or agency, 12 from private organizations, 8 species of snakehead fishes are not transportation between the continental from State agencies, and 46 from private likely to become established in the United States, the District of Columbia, individuals. northern waters of the United States, all Hawaii, the Commonwealth of Puerto We reviewed all comments received of the Channidae species, including the Rico, or any territory or possession of for substantive issues and new dwarf species, are aggressive and highly the United States. The best available information regarding the injurious predatory. Should a species of information indicates that this action is nature of snakehead fishes. Similar snakehead fishes be accidentally or necessary to protect wildlife and comments were grouped into issues; intentionally released into U.S. waters, wildlife resources from the purposeful these issues and our responses to each the 131 taxa of threatened and or accidental introduction and are presented below: endangered amphibians, fishes, and subsequent establishment of snakehead Issue 1: One respondent stated that crustaceans could face additional populations in ecosystems of the United some readers may not understand that threats. Additionally, because States. Live snakehead fishes or viable snakeheads are fishes until it’s stated snakehead fishes are morphologically eggs can be imported only by permit for later in the proposed rule. The very similar, it would be very difficult scientific, medical, educational, or respondent suggested clarifying the rule for biologists, wildlife inspectors at zoological purposes, or without a permit by using the terms ‘‘snakehead fish’’ or entry ports, and law enforcement agents by Federal agencies solely for their own ‘‘snakehead fishes’’ either early in the to differentiate among species of use; permits will also be required for the rule or throughout the rule. snakeheads. interstate transportation of live Response: The Service agrees with the Based upon the aggressive, predatory snakeheads or viable eggs currently held respondent’s comments on this issue. nature of all species of snakehead fishes, in the United States, for scientific, The suggested changes to improve the fact that one or more species could medical, educational, or zoological clarification are used in the final rule. become established in most waters of purposes. This final rule becomes Issue 2: Twenty-one respondents the United States, and the fact that it is effective immediately upon publication. requested that we not list the entire very difficult to differentiate among the DATES: This rule is effective October 4, family of snakehead fishes (Channidae) species of snakeheads, the Fish and 2002. as injurious, but that we list those Wildlife Service has determined that all FOR FURTHER INFORMATION CONTACT: Kari species (up to five species) that are large 28 of the currently recognized species of Duncan, Division of Environmental and cold tolerant. The respondents snakehead fishes in the Channidae Quality, Branch of Invasive Species at stated that the small, temperature- family should be listed as injurious (703) 358–2464 or sensitive species used in the aquarium fishes under the Lacey Act. [email protected]. hobby would not pose a threat in most Issue 3: Six respondents indicated of the United States because, if released, that most hobbyists and fish keepers are SUPPLEMENTARY INFORMATION: they would not survive the cold responsible and know that releasing Background climates. exotic species into the environment is Response: We acknowledge that five dangerous to the environment. The Summary of Actions Taken and of the 28 species recognized in the respondents indicated that the Comments Channidae family at this time are responsible hobbyists should not be The Fish and Wildlife Service considered large, approximately 6 are punished and all species of snakehead published a proposed rule in the July considered dwarf species, and the fishes should not be listed as injurious. 26, 2002 (67 FR 48855), Federal remaining species are considered Additionally, most of these respondents Register based upon information we medium-size snakehead fishes. As we stated that an educational campaign obtained indicating that snakehead presented in the proposed rule, the should be initiated to explain the fishes are injurious to the wildlife and family Channidae contains 9 species hazards of releasing exotic species into wildlife resources of the United States. that are strictly tropical, 4 can be the environment and encourage the The proposed rule invited comments for considered tropical to subtropical, one proper disposition of unwanted pets. 30 days ending August 26, 2002. We is subtropical, 12 can tolerate tropical or Response: The Service appreciates received 453 written comments during subtropical to warm temperate that most hobbyists and fish keepers are this period. Of those 453 comments, 386 conditions, one is warm temperate, and responsible and properly dispose of were nonrelevant or nonsignificant, one one is warm temperate to cold unwanted pets. It is to the tremendous offered editorial suggestions on the temperate. credit of hobbyists that snakehead fishes

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have been imported into the United to hobbyists. However, as stated above, associated with snakehead fishes in States and only a small number have the decision to list the Channidae family 2001. Consequently, the injurious been found in the wild. This rule is not of snakehead fishes is based upon wildlife listing was being developed intended to punish hobbyists; it is based scientific data on the hazards that these within the Service before the recent upon the scientific evidence that fishes would present to the wildlife and media attention. indicates that snakehead fishes are wildlife resources of the United States. Outside of what is published in our aggressive and highly predatory and Dead or frozen snakehead fishes can official press releases, the Service has therefore threaten the wildlife and continue to be imported and transported no control over what is published in the wildlife resources of the United States. as an alternative to importing live media. We agree that some of the facts It is important to note that individuals snakeheads. have been exaggerated, and we have or organizations who possessed Issue 5: Two respondents stated that taken measures to correct snakeheads prior to the injurious they consider the injurious wildlife misinformation that has appeared in the wildlife listing in States where listing of snakehead fishes to be racist media. possession of snakeheads is legal will be against the Asian American community Issue 7: Thirteen respondents stated able to continue to possess them; because it would prohibit the use of a that snakehead fishes threaten however, they will be prohibited from valuable food source and protect the ecological harmony, present major risks transporting them across State lines. sport activity of European Americans. to ecosystems and aquatic communities, The Fish and Wildlife Service has Additionally, the respondents indicated and could eliminate some of our initiated a national public awareness that the Service should consult with the threatened and endangered species that campaign known as Stop Aquatic Asian American community and that we are restricted in distribution. The Hitchhikers! This campaign targets should consider snakeheads as an respondents also stated that the United aquatic recreation users to raise their economic resource and not a threat. States has a well-documented history of awareness about the growing aquatic Response: The decision to list adverse consequences to native species invasive species problem and to snakehead fishes as injurious under the due to the introduction of other encourage them to become part of the Lacey Act is based solely on the nonnative species. solution in preventing the spread of biological characteristics of the fishes Response: The Service agrees with the harmful, nonnative species. While and the need to protect our native respondents’ comments on these issues. aquatic recreation users may not be wildlife and wildlife resources, and is in The biological characteristics of responsible for bringing these species no way based upon race or ethnicity, or snakehead fishes and their potential to into the country, they may inadvertently preserving recreational opportunities for be injurious to the wildlife and wildlife transport them overland. The Service is certain sectors of the population. We resources of the United States is the working with State fish and wildlife have substantial scientific data that basis for our decision to add snakeheads agencies, conservation organizations, describe the harm that snakehead fishes to the list of injurious fishes under the and the fishing and boating industries to cause when introduced outside of their Lacey Act. address this issue. The campaign has a native range and are likely to cause if Issue 8: Two respondents stated that supporting web site with the address: released into U.S. waters. the fines are too lenient compared to the http://www.protectyourwaters.net. According to our Law Enforcement potential ecological devastation caused The Service is considering the data, 372 individuals and 892 kilograms by the potential establishment of development of a new campaign similar of snakehead fishes were imported into snakeheads. to Stop Aquatic Hitchhikers! that would the United States in 1997; 1,488 Response: The Secretary of the target aquarium hobbyists. This individuals and 1,883 kilograms were Interior has the authority under the campaign would be conducted in imported in 1998; 6,044 individuals and Lacey Act to add species to the injurious conjunction with the Pet Industry Joint 8,512 kilograms were imported in 1999; wildlife list, but the Secretary does not Advisory Council, the largest trade 8,650 individuals and 9,240 kilograms have the authority to change the association in the United States were imported in 2000; and 20,547 penalties. The penalties are established representing the pet industry in individuals were imported in 2001. We by statute and can be changed by an act Washington, DC, and it would focus on do not have information on how many of Congress. raising awareness about aquatic invasive of those imports contained young fishes Issue 9: Three respondents stated that species, and encouraging aquarium destined for the aquarium trade and the prohibition on importation and hobbyists to adopt preventive actions to how many were larger individuals interstate transportation of snakehead avoid having unwanted aquarium fish destined to be sold as live food fish. fishes would not significantly impact and plant species become part of our While the importations did increase the aquarium industry. They also stated environment. The campaign would be a between 1997 and 2001, the importation that the humane disposition of multi-layered, voluntary effort, and of snakehead fishes into the contiguous snakeheads will be encouraged. would encourage aquarium species United States does not appear to Response: The Service is pleased that importers, wholesalers, retailers and represent a significant portion of live this action will not result in significant consumers to focus on how the fish imports. We suggest that all persons financial losses to aquarium fish aquarium industry is a responsible who previously used live snakeheads as producers, wholesalers, and retailers. economic sector that collectively values a food fish consider the use of dead or We are also encouraged that the the environment and seeks to protect it frozen fish as an alternative. respondents are willing to proactively while simultaneously enjoying the Issue 6: Two respondents indicated promote the humane disposal of the benefits of the aquarium hobby. that the proposed listing of snakehead fishes, thereby reducing the risk that Issue 4: Two respondents stated that fishes was based more on hype than they would be introduced into the they are opposed to the injurious fact, and is an overreaction to media environment. wildlife listing because snakehead attention. Issue 10: Three respondents stated fishes are valuable food fish. Response: As a result of the discovery that they are opposed to listing the Response: The Service recognizes the of the bullseye snakeheads in south family Channidae by simply referring to value of snakehead fishes as a food Florida, the U.S. Geological Survey and ‘‘Channidae’’ because the taxonomy is source, just as we recognize their value the Service began evaluating the risks not clear and not all people are

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conversant with scientific names. The viable eggs imported or transported TABLE 1.—CURRENTLY RECOGNIZED respondents suggested we revise 50 CFR under a permit may be sold, donated, SPECIES OF THE FAMILY CHANNIDAE 16.13 to resemble a list instead of a traded, loaned, or transferred to any (AFTER MUSIKASINTHORN, 2000, paragraph, and that we include the other person or institution unless such 2001).—Continued genus, species, and common names of person or institution has a permit issued all currently recognized snakehead by the Director of the U.S. Fish and Channa maculata (Lacepe´de, 1802)— species, as well as the family name. Wildlife Service. The interstate blotched snakehead. Response: We have accepted this transportation of any live snakehead Channa marulius (Hamilton, 1822)—bullseye suggestion and made the changes in this fish or viable eggs currently held in the snakehead. rule. We have also included synonyms United States for any purpose is Channa maruloides (Bleeker, 1851)—em- for the Channa and Parachanna genera. prohibited without a permit. peror snakehead. Issue 11: One respondent expressed Channa melanoptera (Bleeker, 1855)—no concern that permits for importation Biology common name known. Two genera of snakehead fishes are Channa melasoma (Bleeker, 1851)—black and interstate transportation can be snakehead. issued for medical purposes under the currently recognized in the family Channa micropeltes (Cuvier, 1831)—giant Lacey Act. The respondent indicated Channidae. They are Channa snakehead. that permits should be granted only to (snakehead fishes of Asia, Malaysia, and Channa nox (Zhang, Musikasinthorn, and accredited medical institutions. Indonesia) and Parachanna (African Watanabe, 2002)—no English common Response: As described in 50 CFR snakeheads). Synonyms include name. 16.22, the Director of the Fish and Bostrychoides, Ophicephalus and its Channa orientalis Schneider, 1801—Ceylon Wildlife Service may issue permits for misspelled form Ophiocephalus, and snakehead. the importation and interstate Parophiocephalus. Although 86 species Channa panaw Musikasinthorn, 1998—no transportation of injurious species only and 4 subspecies have been described English common name; ng panaw for scientific, medical, educational, or (Eschmeyer, 1998), current taxonomy is (Myanmar). zoological purposes. Persons or Channa pleurophthalmus (Bleeker, 1851)— in flux with approximately 28 species ocellated snakehead. institutions wishing to apply for a recognized as valid (Musikasinthorn, Channa punctata (Bloch, 1793)—spotted permit must meet the application 2001; Table 1). Because their snakehead. requirements, additional permit morphology is very similar, it is very Channa stewartii (Playfair, 1867)—golden conditions, and issuance criteria as set difficult to differentiate among species snakehead. forth in 50 CFR 16.22. Permits are of snakeheads. Juvenile and adult color Channa striata (Bloch, 1797)—chevron issued only to legitimate individuals patterns are often quite different (Day, snakehead. and/or institutions for medical research, 1875; Lee and Ng, 1991, 1994), and Parachanna africana (Steindachner, 1879)— scientific, zoological, or educational some are quite variable in size and Niger snakehead. purposes. color, and may represent species Parachanna insignis (Sauvage, 1884)— Congo snakehead. Description of the Final Rule complexes. A taxonomic revision of the Parachanna obscura (Gu¨nther, 1861)—Afri- family, expected to be published within can snakehead. The regulations contained in 50 CFR the next two years, will likely result in part 16 implement the Lacey Act (18 additional species being recognized as U.S.C. 42) as amended. Under the terms valid and perhaps new species Snakehead fishes have distinctive of that law, the Secretary of the Interior described. morphological features as follows: Long, is authorized to prohibit by regulation almost cylindrical body; long dorsal and certain activities involving wild TABLE 1.—CURRENTLY RECOGNIZED anal fins, and all fins supported only by rays; most with large scales on head, mammals, wild birds, fish (including SPECIES OF THE FAMILY CHANNIDAE mollusks and crustaceans), amphibians, somewhat similar to the large epidermal (AFTER MUSIKASINTHORN, 2000, reptiles, and the offspring or eggs of any scales on the heads of snakes (hence the of the foregoing that are injurious to 2001). common name, snakeheads); eyes human beings, to the interests of dorsolateral (back and side) and located agriculture, horticulture, or forestry, or Channa amphibeus (McClelland, 1845)—no on the anterior portion of the head; common name known. to the wildlife or wildlife resources of Channa argus (Cantor, 1842)—northern tubular, anterior nostrils; pectoral and the United States. The lists of injurious snakehead. caudal fin margins rounded; large wildlife species are at 50 CFR 16.11 to Channa asiatica (Linnaeus, 1758)—Chinese mouth with protruding lower jaw; lower 16.15. By adding snakehead fishes to the snakehead. jaw always toothed, and prevomer and list of injurious wildlife, their Channa aurantimaculata Musikasinthorn, palatines often toothed; some lower jaw importation into, and transportation 2000—no English common name; naga- teeth canine-like, and canines present or between, States, the District of cheng (Assam, India). absent on prevomer and palatines; most Columbia, the Commonwealth of Puerto Channa bankanensis (Bleeker, 1852)—Bang- species with pelvic fins present; and ka snakehead. Rico, or any territory or possession of Channa baramensis (Steindachner, 1901)— ventral aorta typically divided into two the United States by any means Baram snakehead. portions, one serving the gills and the whatsoever is prohibited, except by Channa barca (Hamilton, 1822)—barca other the suprabranchial (above the permit for zoological, educational, snakehead. gills) chambers. Suprabranchial medical, or scientific purposes (in Channa bleheri Vierke, 1991—rainbow chambers of Channa are non-labyrinthic accordance with permit regulations at snakehead. (complex system of paths/tunnels), and 50 CFR 16.22), or by Federal agencies Channa cyanospilos (Bleeker, 1853)— made up of two plates, one formed by without a permit solely for their own bluespotted snakehead. the first epibranchial (above the gills), Channa gachua (Hamilton, 1822)—dwarf use, upon filing a written declaration snakehead. the second from the hyomandibular; with the District Director of Customs Channa harcourtbutleri (Annandale, 1918)— those of Parachanna consist of a single and the U.S. Fish and Wildlife Service Inle snakehead. cavity with elements from the Inspector at the port of entry. No live Channa lucius (Cuvier, 1831)—splendid epibranchial of the first gill arch and snakehead fish, progeny thereof, or snakehead. hyomandibular absent.

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Two larger snakehead species, capable of spawning five times per year. The bullseye snakehead, C. marulius, Channa marulius and C. maruloides, There are several reports that when the largest species of snakehead, has superficially resemble the native snakeheads pair, the pair remains been reported to produce approximately bowfin, Amia calva, in that all three are monogamous for a spawning season, 40,000 oo¨cytes (Jhingran, 1984). Frank elongated fishes, have long dorsal fins, perhaps longer, but a pair may not mate (1970) reported that the northern tubular nostrils, and an ocellus for life. snakehead, C. argus, produced (eyespot) at the base of the upper Snakehead fishes build nests by approximately 50,000 oo¨cytes. Frank’s portion of the caudal fin. The bowfin, clearing a generally circular area in data came from Nikol’skiy (1956) who however, has its pelvic fins in a more aquatic vegetation, often weaving the recorded fecundity of 22,000 to 51,000 abdominal rather than thoracic or removed vegetation around the centrally in northern snakehead from the Amur anterior-abdominal position, and the cleared area. This results in a vertical basin. Dukravets and Machulin (1978) anal fin is not elongated. Moreover, the column of water surrounded by gave fecundity rates of 28,600 to a high bowfin does not have a rosette (circular vegetation. One species (C. punctata) of 115,000 for northern snakehead arrangement) of enlarged scales on top prepares elaborate tunnels through (probably from Yangtze River stock) of the head. vegetation leading into the nest column. introduced to the Syr Dar’ya basin of Species and species complexes of the At time of spawning, the male and Turkmenistan/Uzbekistan. They also genus Channa are native from female move upward into the central noted that, although the growth of southeastern Iran and eastern region of the nest column. The male northern snakehead is slower than that Afghanistan eastward through Pakistan, entwines his body around that of the reported for this species from the Amur India, southern Nepal, Bangladesh, female, with some species appearing to basin, growth rates from both stocks Myanmar (Burma), Thailand, Laos, ‘‘dance’’ in the water column as eggs are become equal once sexual maturity is Malaysia, Sumatra, Indonesia, and released and fertilized (Breder and reached. China northward into Siberia. Of the Rosen, 1966; Ng and Lim, 1990). Eggs Oo¨cytes, when released from the currently recognized 25 species of are buoyant, rising to the surface of the female parent, are small, ranging from Channa, 9 species and representatives nest column, where they are vigorously approximately 1 mm to slightly over 2 of 4 species complexes occur in guarded by one or both parents. mm in diameter, depending on species. peninsular Malaysia, Sumatra, and/or Snakeheads in two species complexes Fertilization takes place by the male Indonesia. Of the same 25 species, 16 (C. gachua and C. orientalis) are releasing milt (sperm) on the oo¨cytes (or species and members of 5 species mouthbrooders, with the male being the eggs) as they emerge from the female. complexes are tropical to subtropical; mouthbrooder of fertilized eggs and, Eggs contain an oil droplet within the members of three species complexes are later, fry. Most snakehead fishes, yolk mass, which causes them to rise to temperate; and one species is temperate however, are not mouthbrooders, but the surface. Development time to to boreal and can live beneath ice in the one or both parents guard their young hatching varies with water temperature northern portion of its range. The three vigorously; one species (C. micropeltes) and, to a lesser extent, with the species species of Parachanna are native to reportedly attacked and in some involved. For example, hatching Africa and are tropical. instances killed humans who occurred in 54 hours at 16–26°C and 30 Snakeheads are considered as non- approached the mass of young (Kottelat, hours at 28–33°C in Channa punctata ostariophysan primary freshwater fishes 1993). Thus, parental care, whether by (Khan, 1924). In the northern (Mirza, 1975, 1995), meaning they have mouthbrooding or guarding, is a snakehead, C. argus, eggs hatch in 28 little or no tolerance for seawater. behavioral characteristic of snakehead hours at 31°C, 45 hours at 25°C, and 120 Habitat preferences vary by species or fishes. Successful spawning in the hours at 18°C. species complex, with a majority absence of vegetation has also been Early life history: In general, newly occurring in streams and rivers. Others reported for three species of snakeheads hatched fry, depending on species, are occur in swamps, rice paddies, ponds, (Parameswaran and Murgesan, 1976b). about 3.0—3.5 mm in length. Following and ditches. All can tolerate hypoxic Fecundity and early development: yolk absorption, snakehead fry begin (low oxygen) conditions because they There is limited information on feeding on zooplankton. Fry typically are airbreathers from late juvenile fecundity (capacity to produce remain together until they reach early stages. Where known, pH range varies offspring) except for those snakehead juvenile stage, guarded by one or both by species with one (Channa fishes of commercial importance. adults, or until they can fend for bankanensis) preferring highly acidic Nevertheless, that information shows a themselves (Lee and Ng, 1994). Late (pH 2.8–3.8) waters. At least three pattern that likely applies to the entire juveniles of the giant snakehead, species are tolerant of a wide pH range; family Channidae. Smaller species, such Channa micropeltes, school and feed in C. gachua, C. punctata, and C. striata as Channa gachua and C. orientalis, packs (Lee and Ng, 1991). Although survived for 72 hours at pH levels produce few oo¨cytes or unfertilized there are few reports of early life history ranging from 4.25 to 9.4 (Varma, 1979). ‘‘eggs’’ (about 20 when sexual maturity except for species of commercial Spawning seasons vary by species. is first reached and later up to 200; Lee importance, it appears that, as larval While information on reproductive and Ng, 1991, 1994). Both are snakeheads mature to early juvenile biology of many species is lacking, considered to be ‘‘species complexes’’ stages, the diet changes to small several conclusions can be drawn from and one or both ‘‘species’’ contain crustaceans and insects, particularly those for which this information is mouthbrooding adults; low fecundity is insect larvae. Presence of available. Breeding in several species a general rule among mouthbrooding phytoplankton, plant material, and occurs primarily in summer months fishes (Breder and Rosen, 1966). detritus in the digestive system of young (June through August), and in at least Fecundity increases greatly in larger snakeheads, as well as adults, appears to two (the Channa striata species snakehead species and appears to follow occur from incidental ingestion. complex and C. punctata), breeding increasing body length. For example, Respiration and overland migrations: pairs can be found throughout the year. Quayyum and Quasim (1962) recorded Snakeheads are highly evolved Some species spawn twice each year. fecundity ranging from 2,300 to 26,000 airbreathing teleostean (bony) fishes, Okada (1960) reported that female oo¨cytes for C. striata, increasing in and many are capable of overland northern snakeheads, C. argus, are number with increasing body length. migration by wriggling motions (Lee and

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Ng, 1991; Berra, 2001). They possess behavior. Overland migrations likely a few years. Most larger snakeheads are suprabranchial (above the gills) apply to those species whose native reported to reach sexual maturity in two chambers for aerial respiration, and the range is subject to seasonal dry/wet (or years, after which growth slows but ventral aorta is divided into two monsoonal) conditions (encompassing fecundity increases with increasing size. portions to permit bimodal (aquatic and much of western to southeastern Asia, Feeding habits: There are few studies aerial) respiration (Das and Saxena, where a majority of snakehead species of feeding habits of snakeheads. For 1956; Graham, 1997). The exist). those species studied, following yolk- Hypoxic survival: Snakehead fishes suprabranchial chambers become sac absorption, snakehead fry feed functional during the juvenile stage of are either obligate or facultative mostly on zooplankton. As juveniles, growth (Graham, 1997), following which airbreathers. Therefore, survival in they feed on insect larvae, small some species of snakehead fishes are hypoxic waters is not problematic to crustaceans, and fry of other fishes obligate (limited, bound to a restricted these fishes. When prevented from (Munshi and Hughes, 1992). What is environment) and others are facultative access to the surface, some adult universal in reports of adult feeding (optional, ability to live under varied snakeheads will drown due to lack of habits is that snakeheads are predators conditions) airbreathers. In Channa, the oxygen (Day, 1868, Lee and Ng, 1991). with many species showing a preference chambers open into the pharynx Moreover, snakeheads can remain out of for other fishes, although they may also through inhalent openings. The water for considerable periods of time as consume crustaceans, frogs, smaller chamber lining contains respiratory long as they remain moist. Some reptiles, and larger species may ‘‘islets’’ with vascular papillae. The snakeheads, especially Channa striata, sometimes consume birds and small chambers can be filled with air or water. can bury themselves in mud during mammals. Under conditions of food In addition, in C. striata, there are also times of drought (Smith, 1965). They are deprivation, snakeheads can become vascular structures in the mouth and known to secrete mucus that helps to cannibalistic on their own young. The pharynx that can be utilized for reduce desiccation and facilitates piscivorous (fish-eating) nature of respiration; these, however, can be cutaneous breathing (Mittal and Banerji, snakeheads has led to the use of some retracted into depressions to prevent 1975; Lee and Ng, 1991). species (C. striata and C. micropeltes in damage when feeding (Munshi and Fishers in Thailand are aware of this particular) to control tilapia populations Hughes, 1992). habit and, during drought periods, will in aquaculture. Some channids, perhaps all, have a slice into the mud until they locate the circadian rhythm in oxygen uptake. fish (Smith, 1965). Associated diseases and parasites: Channa marulius, for example, showed For larger species of snakeheads such Investigations of diseases and parasites a peak in oxygen uptake at night. C. as Channa marulius, young are of snakeheads concentrate on those striata and C. gachua peaked in early facultative airbreathers and adults are species of importance in aquaculture. night hours, and C. punctata at dusk obligate breathers (Wee, 1982), but all Bykhovskaya-Pavlovskaya et al. (1964) (Munshi and Hughes, 1992). Munshi species are airbreathers. cited Channa argus as hosting 18 and Hughes (1992) attributed these Lifespan: No specific information on parasite species (Table 2). Two of the rhythms to evolution in swamp lifespan can be found in the literature. same parasites listed by Bykhovskaya- ecosystems (i.e., the rhythm is a Nevertheless, one species (C. marulius) Pavlovskaya et al. (1964) were reported property of the ecosystem). is reported to reach a total length of 1.8 from the digestive tracts of northern It is unknown how many species of meters in Maharashtra State, India snakehead from Kyungpook Province, snakehead fishes are capable of (Talwar and Jhingran, 1992), indicating Korea, from 115 specimens collected overland migrations, but several are a relatively long lifespan. Smaller between 1995 and 1997. The trematode known to do so. These migrations from snakeheads, such as members of the C. Azygia hwangtsinyi was found in 47% drying habitats in search of those with gachua and C. orientalis species of the samples and the nematode Pingis water are probably driven by instinctive complexes, may not live for more than sinensis in 73%.

TABLE 2.—PARASITES OF NORTHERN SNAKEHEAD, Channa argus (ADAPTED FROM BYKHOVSKAYA-PAVOLOVSKAYA ET AL. (1964)

Parasite Group Host issues Other fishes affected

Myxidium ophiocephali ...... Myxosporidia ...... Gall bladder, liver ducts. Zschokkella ophiocephalli ...... Myxosporidia ...... Kidney tubules. Neomyxobolus ophiocephalus ...... Myxosporidia ...... Gill filaments. Mysosoma acuta ...... Myxosporidia ...... Gill filaments ...... crucian carp. Myxobolus cheisini ...... Myxosporidia ...... Gill filaments. Henneguya zschokkei? ...... Myxosporidia ...... Gills, subcutaneous, salmonids (tubercle dis- musculature. ease of salmonids). Henneguya ophiocephali ...... Myxosporidia ...... Gill arches, suprabranchial chambers. Henneguya vovki ...... Myxosporidia ...... Body cavity. Thelohanellus catlae ...... Myxosporidia ...... Kidneys. Gyrodactylus ophiocephali ...... Monogenoidea ...... Fins. Polyonchobothrium ophiocephalina ...... Cestoidea ...... Intestine. Cysticercus Gryporhynchus cheilancristrotus ...... Cestoidea ...... Gallbladder, intestine cyprinids, perches. Azygia hwangtsiu¨i ...... Trematoda ...... Intestine. Clinostomum complanatum ...... Trematoda ...... Body cavity ...... perches. Pingis sinensis ...... Nematoda ...... Intestine. Paracanthocephalus curtus ...... Acanthocephala ...... Intestine ...... cyprinids, esocids, sleep- ers, bagrid catfishes.

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TABLE 2.—PARASITES OF NORTHERN SNAKEHEAD, Channa argus (ADAPTED FROM BYKHOVSKAYA-PAVOLOVSKAYA ET AL. (1964)—Continued

Parasite Group Host issues Other fishes affected

Paracanthocephalus tenuirostris ...... Acanthocephala ...... Intestine. Lamproglena chinensis ...... Copepoda ...... Gills.

Literature on parasites of snakeheads illegal activity, confiscations, citations, will be repeated in 2002. Until includes numerous descriptions of new or investigations have occurred in six of reproduction has been confirmed, the species, not detailed herein, but those States within the past two years species is considered present but not indicates that most studies concentrate (Alabama, California, Florida, Kentucky, established. This species is not involved on cultured fishes such as Channa Texas, and Washington). in the aquarium fish trade, but is sold argus, C. punctata, and C. striata. The Florida: An established population of in live food fish markets as a food fish. potential threat of these parasites to the bullseye snakehead, Channa The most likely pathway is introduction native North American fishes has yet to marulius, was discovered in residential of live food fish, perhaps to establish a be examined. lakes and adjoining canals in Tamarac, local source. The northern snakehead is A disease that received broad Broward County, Florida, in 2001 sold in live food fish markets and some attention is epizootic ulcerative (Florida Fish and Wildlife Conservation restaurants in Boston and New York, syndrome (EUS) that causes high Commission, 2001). It is unknown how where snakeheads are legal. Live C. mortality in snakeheads, particularly long this species has occupied these argus were confiscated in Washington Channa striata and C. punctata under waters, perhaps several years, but both (100 individuals, alive on ice, destined intensive culture. EUS involves several juveniles and adults have been for the international district of Seattle), pathogens, including motile aeromonad collected, which indicates reproductive a market in Houston, Texas (Howells et bacteria (e.g., Aeromonas hydrophila, A. success. This species is the largest of al., 2002), markets in Miami and caviae, Pseudomonas fluorescens; snakeheads, with adults commonly Plantation, southeastern Florida, in Prasad et al., 1998; Qureshi et al., 1999), reaching lengths of 120–122 cm (Talwar 2001, and in Orlando, Florida, in March a fungus Aphanomyces invadans and Jhingran, 1992). Researchers have 2002, all indications of the availability (considered a primary pathogen; Mohan reported that in Maharashtra State, of this species in States where et al., 1999; Miles et al., 2001), and India, this species can reach a length of possession is illegal. Moreover, a few perhaps a rhabdovirus (Kanchanakhan 1.8 m and a weight of 30 kg (Talwar and U.S. aquarium fish retailers sell et al., 1999; Lio-Po et al., 2000). Another Jhingran, 1992). A length of 30 cm can snakeheads via the Internet. USGS bacterium, Aquaspirillum sp., has also be reached in one year (Talwar and scientists purchased three species from been implicated in the disease (Lio-Po et Jhingran, 1992). The pathway of the a reputable dealer in Rhode Island, who al., 1998). EUS may have originated in introduction to Florida is unknown. The first requested a copy of the State permit India in the 1980s, but has since been species may have escaped from a fish that allowed USGS to possess the fish in found in Pakistan, Thailand, and the farm (although there are none known in Florida. Private purchases can also be Philippines with outbreaks reported Tamarac), been purposefully introduced made through several Internet ‘‘chat from all these areas during the 1990s. to establish a food or aquarium fish rooms’’ where possession of permits is Snakeheads are not the only fishes resource, or they may have been not discussed. affected by this disease. It is also known introduced by aquarists. Tamarac is California: California Department of to occur in airbreathing catfish (Clarias), located just east of Water Conservation Fish and Game personnel collected a the bagrid catfish genus Mystus, two Area II, north of Everglades National snakehead while electrofishing in a cyprinid genera (Cyprinus and Puntius), Park, and interconnected canal systems reservoir, Silverwood Lake, in 1997. mastacembalid eels (Mastacembalus), lead into this area. Nevertheless, there Silverwood Lake is in the Mohave River and the nandid genus Nandus in India are water control structures on canals drainage, east-northeast of Los Angeles (Mukherjee, 1998). In Thailand, it has leading into Water Conservation Area II and north of San Bernardino in the San been found in giant gourami that would have to be open to allow this Bernardino Mountains. The specimen (Osphronemus gouramy) and climbing snakehead access to that area. It is likely was subsequently frozen and later perch (Anabas testudineus) during an that C. marulius will expand its range in discarded (Camm Swift, pers. comm.). It outbreak in 1996–1997 (Kanchanakhan peninsular Florida as its native range was identified as Channa argus (John et al., 1999). includes tropical to temperate climates. Sunada, pers. comm. to W.R. Courtenay, History of introduction in the United The bullseye snakehead is considered Jr.). It is believed that the fish got in the States: Four species of snakeheads predacious (Jhingran, 1984; Talwar and lake from the California Aqueduct that (Channa argus, C. marulius, C. Jhingran, 1992), especially on other runs from the San Joaquin River south micropeltes, and C. striata) have been fishes (Schmidt, 2001). of Stockton into Lake Silverwood, one recorded from open waters of the United The northern snakehead, Channa of several reservoirs that serves Los States (California, Florida, Hawaii, argus, is also reported from Florida Angeles. Maine, Maryland, Massachusetts, and waters. Two individuals were caught in Hawaii: The chevron snakehead, Rhode Island), and two have become the St. Johns River below Lake Harney, (Channa striata) has been established on established as reproducing populations. Seminole and Volusia counties, in 2000. Oahu, Hawaii, since the late 1800s and At least 16 States prohibit possession of Unconfirmed reports indicate three was introduced from southern China live snakeheads (Alabama, Arkansas, additional individuals having been (Herre, 1924). For whatever reasons, it California, Colorado, Florida, Georgia, caught nearby. An attempt to collect does not appear to have been introduced Idaho, Kentucky, Mississippi, Nevada, additional specimens by U.S. Geological to other waters of Hawaii and is North Carolina, Oregon, Pennsylvania, Survey (USGS) personnel by confined to reservoirs on Oahu Texas, Utah, and Washington), and electroshocking was unsuccessful, but (Maciolek, 1984). In addition, the

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species is now being cultured as a food Uses: According to U.S. Fish and restaurants display live snakeheads in fish on Oahu. This species is regarded Wildlife Service Law Enforcement data, aquaria, a common practice where these as carnivorous with a preference for 16,554 individuals or 20,527 kilograms fishes are native, allowing customers to other fishes (Moshin and Ambak, 1983; of all species of snakeheads were choose a fish to be prepared for a meal. Conlu, 1986). Lee and Ng (1991) imported into the United States between This is reminiscent of many U.S. described it as a territorial ambush 1997 and 2000 at a declared value of seafood restaurants where one can select feeder. It is also used to control tilapia $85,425 (records of imports report a lobster to be cooked from an populations in the Philippines (Conlu, numbers of individual fish OR weight in aquarium. 1986). kilograms). Importations of snakeheads During FY 1999, the USDA Small Maryland: Two adults and eight into the United States do not appear to Business Innovation Research Program juveniles of Channa argus were found represent a significant portion of live funded a Phase II project to the Hawaii in a pond in Crofton, Anne Arundel fish imports at present. However, from Fish Company of Waialua, Hawaii, to County, Maryland in late June and early the raw data, it is clear that the trend develop commercial culture of the July 2002. Maryland Department of has been upward in recent years. chevron snakehead, Channa striata. It is Natural Resources personnel captured Snakeheads have been imported into now being cultured in Hawaii as a food over 100 juveniles from the pond in July the United States for two purposes: as fish. 2002. The adults are known to have aquarium fish and for use as food. In over-wintered in the pond. The fish Southeast Asia, particularly in Thailand TABLE 3.—SPECIES OF THE FAMILY were purchased from a live food fish and Malaysia, and to a lesser extent in CHANNIDAE CURRENTLY KNOWN TO market in New York City, transported to Japan, there are developing recreational BE CULTURED FOR FOOD AND/OR Maryland, and kept in an aquarium, and fisheries for the larger snakehead AQUARIUM FISH TRADE two fish were released into the pond in species (see http://www.fishingasia.com 2000. This species appears to be the as an example). Channa argus** most common snakehead available in Several species of snakeheads are Channa marulius food markets and restaurants as a live listed on aquarium fish websites. Some Channa punctata food fish. of these entries are for information Parachanna africana New England States: A specimen of purposes and a few others list fish for Channa maculatus the northern snakehead, Channa argus, sale. The most popular species are, in Channa micropeltes*** was collected in October 2001 from order of importance and availability: Channa striata* Newton Pond, Sudbury, Worcester Channa micropeltes, juveniles sold as Parachanna obscura County, Massachusetts, by red or redline snakehead; C. marulius, * Species most widely cultured for food. Also Massachusetts Department of Fish and juveniles sold as cobra snakehead; C. being cultured in Hawaii. Wildlife personnel. The likely source is bleheri, sold as rainbow snakehead; C. ** Second most important species cultured from live food fish markets. It is capable barca sold as barca or tiger snakehead; for food. *** Appears to be the most important spe- of establishment in most fresh waters of C. gachua sold under a variety of names; cies cultured for the aquarium fish trade. the United States. Okada (1960) and Parachanna africana, juveniles sold reported adults as voracious feeders, as African snakehead. Some are Although several snakehead species particularly on other fishes. cultured and others are captured from may be found for sale alive in live food Specimens of the giant snakehead, the wild. Rarely does one see listings for fish markets, the most available species Channa micropeltes, have been C. asiatica, C. orientalis, C. is the northern snakehead, Channa collected from open waters in Maine, pleuropthalma, C. punctata, or C. argus. It is being sold in Boston and Massachusetts, and Rhode Island stewartii. This is somewhat surprising New York City, where snakeheads are (Courtenay et al, 1984; Fuller et al., because several are attractive aquarium legal. Through confiscation by State fish 1999). This tropical/subtropical species fishes, and they can be purchased from and game personnel in 2001, it has also could not become established in those dealers in southeast Asia via the been found in the live food fish trade of temperate waters. Juveniles of the Internet. Channa bleheri, C. gachua, and three States (Florida, Texas, and species are cardinal red with two dark C. orientalis are small snakeheads, Washington) where possession of stripes on either side of the body, and unlike C. micropeltes and C. marulius snakeheads is prohibited. The northern sold by aquarium fish retailers as red or that grow quickly to large sizes. All but snakehead is able to tolerate a redline snakeheads. Aquarist-oriented the smallest snakeheads are unsuitable considerable temperature range, from web sites note that this species requires for community tanks, and even they warm temperate to boreal climates, much animal food and that growth is may kill other fishes in aquaria. Larger where this species can live under ice. rapid. These sites often advise that, once snakeheads require very large aquaria Additionally, its airbreathing these fish reach approximately 15–20 and must be kept alone. The number of capabilities enhance its transport and cm in length, no more than one aquarium hobbyists interested in marketing. Marketing and customer individual should be kept in a single keeping snakeheads appears to be small, preferences, however, are not aquarium because they are aggressive and snakeheads represent a minor synonymous. For example, persons of predators. The pathway into these New component in the aquarium fish southeastern Asian descent prefer England States was likely aquarists who industry (Marshall Myers, pers. comm. chevron snakehead, C. striata, above released their ‘‘pets’’ when they grew to J.D. Williams). any other species. It is currently being too large for their aquaria and/or Conversely, use of snakeheads as food cultured in much of southeastern Asia, because it was too costly to feed them. fishes is growing in the United States the Philippines, and Hawaii. Releases of this species into subtropical (Table 3). Live snakeheads of the larger Potential Range: Temperature is the waters in southern Florida or Hawaii species can be purchased in live food most important environmental factor could lead to establishment of this fish markets and in some restaurants in that would determine potential range of snakehead, regarded as the most States where these fishes are not snakeheads in the United States. predaceous channid and known to have prohibited, but they are also appearing Because there are few data providing attacked humans (Ng and Lim, 1990; in markets in States where possession is thermal tolerance ranges for snakeheads, Lee and Ng, 1991; Kottelat et al., 1993). prohibited (Howells et al., 2002). Some potential range must be inferred from

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distribution within native ranges. The documented discoveries of both from sites of initial introduction in family Channidae contains nine species aquarium and food fish species of Japan. Since introduction of the that are strictly tropical, and if snakeheads in the wild, there is a high northern snakehead into the Aral Sea introduced, would survive in the likelihood that snakeheads would basin in the 1960s, there has been a warmest waters such as extreme escape or be released. dramatic range expansion in waters of southern Florida, perhaps parts of If snakeheads escaped, or were Kazakhstan, Turkmenistan, and southern California, Hawaii, and certain released into the wild, the likelihood Uzbekistan. Range expansion also thermal spring systems and their that they would survive and/or become occurred in the Philippines following outflows in the American west. Another established with or without introduction of the chevron snakehead, four can be considered tropical to reproduction is dependent upon the C. striata. subtropical, indicating a similar species of snakehead involved and the Although there is limited information potential range of distribution as for location of the release. The family on the fecundity of snakeheads, tropical species but with a greater Channidae contains 9 species that are scientific data indicate that fecundity likelihood of survival during cold strictly tropical, 4 can be considered increases greatly in larger snakeheads winters and more northward limits. One tropical to subtropical, one is and follows increasing body length. is subtropical. Another 12 (4 of which subtropical, 12 can tolerate tropical or According to Quayyum and Quasim appear to be species complexes) subtropical to warm temperate (1962), fecundity for C. striata, a snakeheads can tolerate tropical or conditions, one is warm temperate, and medium-sized snakehead species, subtropical to warm temperate one is warm temperate to cold ranges from 2,300 to 26,000 o¨cytes. conditions, indicative of species that temperate. The tropical species would Larger species, such as C. marulius and could survive in most southern States. survive in the warmest waters such as C. argus can produce 40,000 to 50,000 One is warm temperate, and another extreme southern Florida, perhaps parts o¨cytes. Given that two individual warm temperate to cold temperate of southern California, Hawaii, and northern snakeheads, C. argus, were (Channa argus with a temperature range certain thermal spring systems and their reportedly released into the pond in of 0–>30 °C). outflows in the American west. The Crofton, Maryland, and successfully In summary, there are few waters in tropical to subtropical species would reproduced two times in the summer of the United States or territories of the have a similar potential range of 2002, and that several species of United States that, based on distribution as for tropical species but snakeheads are known to have a high temperature, would preclude some with a greater likelihood of survival fecundity, there is a high likelihood that member(s) of the family Channidae from during cold winters and more snakeheads would be capable of becoming established. northward limits. The tropical or spreading within their thermal limits. subtropical to warm temperate species Several species of snakeheads, whose Factors That Contribute to could survive in most southern States. native ranges are subject to seasonal Injuriousness The warm temperate, and warm dry/wet conditions, are known to be The likelihood of release or escape of temperate to cold temperate, species capable of overland migrations. snakeheads is high. One species, could survive in most areas of the According to Peter Ng (pers. comm. to Channa striata, was released and United States. W.R. Courtenay, Jr.) some species can became established in waters of Oahu, That Channa striata, a tropical to crawl sinuously on land, even dry land, Hawaii, before 1900. It was likely warm temperate species cultured for the from point to point. There are 2 main introduced as a food fish. A second live food trade, has been established for groups of snakeheads that are slow, but species, Channa marulius, is a recent over a century in Hawaii and, more effective and directed, at overland introduction to southeastern Florida recently, C. marulius, a tropical to warm migrations. One group, including C. (Broward County) and has also become temperate species cultured for the striata, C. micropeltes, C. asiatica and C. established. The pathway for this aquarium trade, has become established gachua, has a more dorso-ventrally introduction was release of either food as a reproducing population in flattened body with a somewhat flatter or aquarium fish. Two specimens of southeastern Florida is indicative of the belly and can crawl on land. The second Channa argus were caught in the St. likelihood of survival and potential for group, including C. argus, C. maculata Johns River near Sanford, Florida, and establishment of snakehead fishes. and C. lucius, has a more laterally three more are believed to have been Although C. striata is largely confined to compressed or rounded body and is not caught at or near the same location. This reservoirs on Oahu, C. marulius has as successful at overland migrations. For species is available only through live ample opportunity to expand its range those species that are not capable of food fish markets. The same species was in southeastern Florida through the overland migration, there is a high captured from a pond in central large network of interconnected canals likelihood that they can be transferred Massachusetts in October 2001. The and Water Conservation Areas to the to other water bodies through flooding snakehead captured in Lake Silverwood, west of the metropolitan areas. The if they are released into flood-prone California, was also C. argus. Two release of live food or aquarium fishes areas. In summary, there are few waters adults and eight juveniles of C. argus is a viable pathway for introduction of in the United States or territories of the were collected from a pond in Crofton, snakehead fishes and, depending on United States that, based on Maryland, in June and July 2002. temperature, many species could temperature, would preclude some Individual specimens of Channa become established from Florida to or member(s) of the family Channidae from micropeltes were caught in Maine, above the U.S.-Canadian border and in becoming established and expanding Massachusetts, and Rhode Island in past many territories of the United States. their ranges through reproduction and/ years, the source of which were most The likelihood and magnitude of or overland migration. likely aquarium fish releases. The spread would be high for all species At all life stages, snakeheads will availability of 8 species of snakehead within their thermal limits. Both the compete for food with native species. As fishes in live food fish markets and the northern snakehead, Channa argus, and, discussed above in the Biology section, aquarium trade raises the probability to a somewhat lesser extent, the snakehead fry feed on zooplankton; that one or more species will be released blotched snakehead, C. maculata, juveniles feed on insect larvae, small into open water. As demonstrated by the expanded their ranges of distribution crustaceans, and fry of other fishes; and

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adults are predators, feeding on other Due to the highly predatory nature of The likelihood and magnitude of fishes, crustaceans, frogs, smaller snakeheads, the likelihood and ancillary wildlife resource damage due reptiles (snakes, lizards), and sometimes magnitude of effect on threatened and to control measures is high. Chemical birds (particularly young waterfowl) and endangered species is high. Of all the control using rotenone or other similar mammals. Native fish and wildlife taxa listed as endangered or threatened toxins that work by preventing fish from populations that prey upon fishes, in U.S. aquatic habitats, 16 amphibians, removing oxygen from the water would crustaceans, frogs, snakes, lizards, and 115 fishes, and 5 of the 21 crustaceans likely be damaging to nontarget native young waterfowl would face reductions (the surface-dwelling crayfish and organisms. resulting from the loss of food sources. shrimp) would be the most likely to be Only one species of snakehead, Although the literature on snakeheads affected. Based on habitat requirements Channa micropeltes, a tropical/ does not include specific information on and life history, fishes are more likely subtropical species, is reported to have feeding habits of every species, what is to be affected by introduced snakeheads attacked human beings. There have been universal for those species that have than amphibians and the surface- reports of human deaths as a result. All been studied in this respect is that dwelling crustaceans. Nonetheless, the such incidents apparently happened fishes are an important component of possibility of an additional when humans approached a nest or snakehead diets. This can range, for nonindigenous predator in the aquatic group of young, and attacks were example, from approximately 20–30% community with any listed amphibian perpetrated by guarding adults. (e.g., Channa gachua) of the diet to well or crustacean would constitute a threat. However, the likelihood and magnitude over 90% (e.g., C. argus, C. micropeltes, In the western United States, habitat of direct impacts on human beings is C. striata). Next in line to fishes, requirements of listed fishes range from low. crustaceans (particularly shrimp, etc.) steep-gradient, coldwater mountain Factors That Reduce or Remove form a substantial dietary component streams, lower-gradient large desert Injuriousness for snakeheads. Native fish populations rivers, to thermal (warm) springs in in particular would likely be reduced desert areas. Eastern fishes likewise The ability to eradicate or control through predation if snakeheads were occupy a variety of habitats, including snakehead populations depends on introduced and became established in springs, creeks, large rivers, and the where they are found. However, there is bodies of water. Through predation, Great Lakes. One or more species of no known method of removing all ecosystem balance and predator-prey snakeheads would be capable of living snakeheads following introduction. If relationships could be modified in any of the above habitats. Since all established in large lakes or river drastically should snakeheads become snakehead species prey on fish, to a systems, eradication and/or control are established in waters with low diversity greater or lesser extent, all of the fishes expected to be nearly impossible, and of native fishes and low abundance or listed as endangered or threatened snakeheads would likely become absence of native predatory species. would be vulnerable to predation at permanent members of the fish Therefore, the likelihood and magnitude some stage in their life history. The community. Control in smaller water of adverse impacts on native wildlife degree of threat would vary from bodies depends upon the amount of through competition for food and extremely high for any species of vegetation, the accessibility to the water predation on native wildlife is high. snakeheads introduced in relatively body, and the effectiveness of the While the potential for snakeheads to small, isolated habitats, such as desert control methods. Piscicides work by transfer pathogens to native wildlife is thermal springs and their outflows in preventing fish from removing oxygen largely unknown, all snakehead species the American southwest, to somewhat from the water. Chemical control using examined are host to at least several less in steep-gradient coldwater rotenone and similar toxins would species of parasites. At least two mountain streams. Based on the food likely be ineffective to airbreathing snakehead species, Channa punctata habits and habitat preferences of snakeheads and damaging to nontarget and C. striata, are susceptible to snakeheads, it is likely to invade the organisms except in closed situations. epizootic ulcerative syndrome (EUS), a habitat, feed on, and further threaten Electrofishing and netting may provide disease believed to be caused by several Federally listed freshwater fishes. some level of control of snakehead species of bacteria, a fungus, and Snakeheads are likely to also further populations; however, eradication using perhaps a retrovirus, under intensive threaten candidates for Federal these methods would be too selective on culture conditions. EUS is not specific protection. size classes to remove a population of to snakeheads and has affected other The likelihood that one or more snakeheads. When a population is fishes, such as clariid catfishes, bagrid species may be placed in danger of discovered, it is typically too late for catfishes, two cyprinid genera, extinction or become endangered within removal unless the population is mastacembalid eels, and a nandid fish the foreseeable future as a result of isolated. in India; in Thailand, it has been found introduction/establishment is high. The Since effective measures to eradicate, in giant gourami and climbing perch. introduction of a small number of manage, or control the spread of Although there have been no studies individuals (<5) into isolated spring snakeheads once they are established undertaken to examine transfer of habitats could result in the extinction of are not currently available, the ability to parasites or diseases from snakeheads to endemic spring-adapted fishes or rehabilitate or recover ecosystems native North American fishes, there are crustaceans. The snakeheads would not disturbed by the species is low. Re- numerous cases documented in the have to establish a reproducing establishment of extirpated populations scientific literature where nonnative population to reduce or eliminate a fish of native amphibians, fishes, and species have transferred diseases and or crustacean species confined to a crustaceans, if biologically possible, pathogens to native species. Several of small section of a stream or isolated would be labor and cost intensive and the parasites of northern snakeheads spring habitat. Any snakehead that would depend on eradication of listed in Table 2 are known to affect becomes established in a water body snakeheads within those habitats. salmonids, cyprinids, and percids. would represent a significant threat and Therefore, there is a credible evidence could potentially push any listed Conclusion on the potential for snakeheads to amphibian, fish, or crustacean to Because several species of snakehead transfer pathogens to native fishes. extinction. fishes are available through the

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aquarium, restaurant, and the live food wildlife resources of the United States. (b) This rule will not create fish trades, the likelihood that they As discussed previously in the preamble inconsistencies with other agencies. would escape or be intentionally to this rule, snakehead fishes are highly This rule pertains only to regulations released into the wild is high. If they predatory, are difficult to control, and promulgated by the Fish and Wildlife escape or are intentionally released, are difficult to differentiate among Service under the Lacey Act. No other they are likely to survive or become species. Therefore, we believe that we agencies are involved in these established within their respective have sufficient evidence and cause to regulations. thermal limits. Because there are no take immediate action to prohibit (c) This rule will not materially affect known limiting factors, because some further importation and interstate entitlements, grants, user fees, loan species have the ability to move across movement of the entire Channidae programs, or the rights or obligations of land, and because snakeheads have a family of snakehead fishes. their recipients. This rule does not affect fairly high reproductive potential, they entitlement programs. This rule is are likely to spread once they are in the Required Determinations aimed at regulating the importation and wild. Snakeheads fishes are likely to Paperwork Reduction Act movement of nonindigenous species compete with native species for food, that have the potential to cause may transmit parasites to native species, This rule contains information significant economic and other impacts and are likely to feed on native species, collection activity for special use on natural resources. which will negatively affect native permits. The Fish and Wildlife Service (d) This rule does not raise novel legal fishes, amphibians, crustaceans, birds, has approval from OMB to collect or policy issues. No previous listings of small reptiles, and small mammals. The information under OMB control number wildlife as injurious have raised legal or air-breathing and mobile characteristics 1018–0093. This approval expires policy concerns. March 31, 2004. The Service may not of snakeheads increase the difficulty in Regulatory Flexibility Act and SBREFA preventing, eradicating, managing, or conduct or sponsor, and a person is not controlling their spread. Because the required to respond to, a collection of This rule will not have a significant successful removal of all individual information unless it displays a economic effect on a substantial number snakeheads from a water body would be currently valid OMB control number. of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 very difficult to accomplish, it will be Regulatory Planning and Review very difficult rehabilitate or recover et seq.). A Regulatory Flexibility ecosystems disturbed by snakeheads. In In accordance with the criteria in Analysis is not required. Accordingly, a conclusion, for the reasons stated above, Executive Order 12866, the Office of Small Entity Compliance Guide is not the Service finds snakeheads to be Management and Budget has required. The rule is not a major rule injurious to the wildlife and wildlife determined that this rule is not a under 5 U.S.C. 804(2), the Small resources of the United States. significant regulatory action. Business Regulatory Enforcement Fairness Act. This rule will not have an Effective Date (a) This rule will not have an annual annual effect on the economy of $100 economic effect of $100 million or We are making this rule effective million or more, and does not have adversely affect an economic sector, upon publication. In accordance with significant adverse effects on productivity, jobs, the environment, or the Administrative Procedure Act, we competition, employment, investment other units of the government. A cost- find good cause as required by 5 U.S.C. productivity, innovation, or the ability benefit and economic analysis is not 553 (d)(3) to make this rule effective less of U.S.-based enterprises to compete required. than 30 days after publication in the with foreign-based enterprises. Federal Register. Approximately 2.94 The net economic effect of prohibiting No individual small industry within times more snakeheads were imported the importation and interstate the United States will be significantly in July 2002 than in July 2001. transportation of snakeheads is difficult affected if snakehead importation and Inspectors at ports of entry have noticed to determine because of the minimal interstate transport are prohibited. Live an increase in interest in importing amount of data available for a relatively food fish markets, restaurants, and snakeheads before the final rule new species to the aquarium, live fish aquarium hobbyists are the entities most becomes effective; some importers have markets, and restaurant trades. There is likely to be affected by this rule. The told inspectors that they are trying to a trade-off between damage avoided by number of aquarium hobbyists ‘‘beat the ban’’ and import as many not letting snakeheads get into U.S. interested in keeping snakeheads snakeheads as possible before the water bodies and the economic benefits appears to be small, and snakeheads prohibition on importation and received by fish markets and aquarium represent a minor component in the interstate transportation is imposed. owners who want to own the species. aquarium fish industry (Marshall Myers, Because we have already documented a Since only $85,000 worth of snakeheads pers. comm.. to J.D. Williams). With nearly three-fold increase in the were imported during the four-year only 16,554 individual snakeheads importation of snakeheads from one period between 1997 and 2000, and the imported over four years and most of year ago, and because of the increased potential damage by snakeheads if they these going to markets and restaurants interest in importing snakeheads before get into U.S. waters would be in the for human consumption, the number of the final rule becomes effective, the millions of dollars from the loss of entities engaging in selling and buying Service believes that there will be a native species, including threatened and these fish is very small. There is no substantial and significant increase in endangered species, this rule will have recreational fishery for these species. the numbers of snakehead fishes a net positive benefit. The dollar The number of entities involved in the imported and transported across State amount of imported and traded value is trade of these species is not known, but lines if this rule is effective 30 days after not the net economic value of this fish, it is assumed to be very small because publication in the Federal Register. The but the relatively small value compared of the small number of these fish increases in importations and interstate to environmental damage avoided by imported. This rulemaking will have the transportations during that 30-day prohibiting these species is convincing indirect effect of protecting native period could result in a significant that this rule will not have a major fishes, amphibians, and crustaceans potential for damage to the wildlife and negative economic effect. from the intentional or accidental

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introduction of snakeheads into U.S. levels of government. Therefore, in that significantly affect energy supply, water bodies. The snakeheads would accordance with Executive Order 13132, distribution, and use. Executive Order likely devastate many native wildlife we determine that this rule does not 13211 requires agencies to prepare populations if introduced into a have sufficient Federalism implications Statements of Energy Effects when waterway. It is very unlikely that this to warrant the preparation of a undertaking certain actions. Because rulemaking will affect a substantial Federalism Assessment. this rule is intended to prevent the number of small entities and those accidental or intentional introduction of Civil Justice Reform entities affected will not be significantly snakeheads and the possible subsequent affected because of the very small In accordance with Executive Order establishment of populations of these numbers of these fish imported. This 12988, the Office of the Solicitor has fish in the wild, it is not a significant rulemaking, by protecting the determined that the rule does not regulatory action under Executive Order environment from the spread of a unduly burden the judicial system and 12866 and is not expected to affect nonnative species that would devastate meets the requirements of sections 3(a) energy supplies, distribution, and use. native fishes, amphibians, and and 3(b)(2) of the Executive Order. The Therefore, this action is a not a crustaceans, will indirectly work to rule has been reviewed to eliminate significant energy action and no sustain the economic benefits enjoyed drafting errors and ambiguity, was Statement of Energy Effects is required. by numerous small establishments written to minimize litigation, provides engaged in the recreational fishing a clear legal standard for affected References Cited industry, among others. conduct rather than a general standard, A complete list of all references cited This rule will not cause a major and promotes simplification and burden in this rule is available upon request increase in costs or prices for reduction. from the Division of Environmental consumers, individual industries, FOR FURTHER INFORMATION NEPA Quality (see Federal, State, or local government CONTACT section). agencies, or geographic regions. This We have reviewed this rule in rulemaking will not affect costs or accordance with the criteria of the Authority prices for any fish species other than National Environmental Policy Act and The Fish and Wildlife Service is snakeheads. Once this rule is published, our Departmental Manual in 516 DM. issuing this final rule under the and importation and interstate This rule does not constitute a major authority of the Lacey Act (18 U.S.C. movement are prohibited, the maximum Federal action significantly affecting the 42). quality of the human environment. loss would be approximately $22,000 List of Subjects in 50 CFR Part 16 per year to the few entities that deal in Since only 16,554 snakehead fishes these species. were imported between 1997 and 2000 Fish, Imports, Reporting and for a declared value of $85,000, the recordkeeping requirements, Unfunded Mandates Reform Act maximum annual loss to the few entities Transportation, Wildlife. In accordance with the Unfunded that deal in these species is estimated to For the reasons discussed in the Mandates Reform Act (2 U.S.C. 1501 et be $22,000. Therefore, an environmental preamble, we amend part 16, subchapter seq.), the rule will not ‘‘significantly or impact statement/assessment is not B of chapter I, title 50 of the Code of uniquely’’ affect small governments. A required. The action is categorically Federal Regulations as set forth below. Small Government Agency Plan is not excluded under the Department’s NEPA required. The Service has determined procedures (516 DM 2, Appendix 1.10), PART 16—[AMENDED] and certifies pursuant to the Unfunded which apply to policies, directives, Mandates Reform Act that this regulations, and guidelines of an 1. The authority citation for part 16 rulemaking will not impose a cost of administrative, legal, technical, or continues to read as follows: $100 million or more in any given year procedural nature; or the environmental Authority: 18 U.S.C. 42. on local or State governments or private effects of which are too broad, 2. Amend § 16.13 by revising entities; will not produce a Federal speculative, or conjectural to lend paragraph (a)(2) to read as follows: mandate of $100 million or greater in themselves to meaningful analysis and any year and therefore, is not a will be subject later to the NEPA § 16.13 Importation of live or dead fish, ‘‘significant regulatory action’’. process, either collectively or on a case- mollusks, and crustaceans, or their eggs. by-case basis. (a) * * * Takings (2) The importation, transportation, or In accordance with Executive Order Tribal Consultation acquisition of any of the species listed 12630, the rule does not have significant In accordance with the President’s in this paragraph is prohibited except as takings implications. A takings memorandum of April 29, 1994, provided under the terms and implication assessment is not required. ‘‘Government-to-Government Relations conditions set forth in § 16.22: This rule will not impose significant with Native American Tribal (i) Live fish or viable eggs of walking requirements or limitations on private Governments’’ (59 FR 22951), Executive catfish, family Clariidae; property use. Order 13175, and 512 DM 2, we have (ii) Live mitten crabs, genus Eriocheir, evaluated potential effects on Federally or their viable eggs; Federalism recognized Indian tribes and have (iii) Live mollusks, veligers, or viable In accordance with Executive Order determined that there are no potential eggs of zebra mussels, genus Dreissena; 13132, the rule does not have significant effects. This rule involves the and Federalism effects. A Federalism importation and interstate movement of (iv) Any live fish or viable eggs of assessment is not required. This rule live snakeheads. We are unaware of snakehead fishes of the genera Channa will not have substantial direct effects trade in these species by Tribes. and Parachanna (or their generic on States, in the relationship between synonyms of Bostrychoides, the Federal Government and the States, Effects on Energy Ophicephalus, Ophiocephalus, and or on the distribution of power and On May 18, 2001, the President issued Parophiocephalus) of the Family responsibilities among the various Executive Order 13211 on regulations Channidae, including but not limited to:

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(A) Channa amphibeus (Chel or Borna DEPARTMENT OF COMMERCE superseded, or rescinded through a snakehead). publication in the Federal Register. (B) Channa argus (Northern or Amur National Oceanic and Atmospheric ADDRESSES: Submit comments to D. snakehead). Administration Robert Lohn, Administrator, Northwest (C) Channa asiatica (Chinese or Region, NMFS, 7600 Sand Point Way 50 CFR Parts 600 and 660 Northern Green snakehead). NE, Seattle, WA 98115–0070; or Rod (D) Channa aurantimaculata. McInnis, Acting Administrator, [Docket No. 011231309–2090–03; Southwest Region, NMFS, 501 West (E) Channa bankanensis (Bangka I.D.092602B] Ocean Blvd, Suite 4200, Long Beach, CA snakehead). 90802–4213. (F) Channa baramensis (Baram Fisheries off West Coast States and in FOR FURTHER INFORMATION CONTACT: snakehead). the Western Pacific; Pacific Coast Groundfish Fishery; Annual Jamie Goen (Northwest Region, NMFS), (G) Channa barca (barca or tiger Specifications and Management phone: 206–526–6140; fax: 206–526– snakehead). Measures; Trip Limit Adjustments; 6736; and e-mail: [email protected]. (H) Channa bleheri (rainbow or jewel Correction SUPPLEMENTARY INFORMATION: snakehead). (I) Channa cyanospilos (bluespotted AGENCY: National Marine Fisheries Electronic Access snakehead). Service (NMFS), National Oceanic and This Federal Register document is (J) Channa gachua (dwarf, gaucha, or Atmospheric Administration (NOAA), available on the Government Printing frog snakehead). Commerce. Office’s website at: http:// ACTION: (K) Channa harcourtbutleri (Inle Inseason trip limit adjustments www.access.gpo.gov/suldocs/ca/docs/ snakehead). and correction; request for comments. aces/aces140.html. Background information and documents are (L) Channa lucius (shiny or splendid SUMMARY: NMFS announces changes in available at the NMFS Northwest Region snakehead). the following trip limits for the Pacific website at: http://www.nwr.noaa.gov/ (M) Channa maculata (blotched Coast groundfish fisheries: limited entry 1sustfsh/gdfsh01.htm and at the Pacific snakehead). groundfish trawl gear fisheries for minor Fishery Management Council’s website (N) Channa marulius (bullseye, slope rockfish, splitnose rockfish, DTS at: http://www.pcouncil.org. murrel, Indian, great, or cobra complex (Dover sole, thornyheads and snakehead). sablefish), flatfish fisheries, widow Background (O) Channa maruloides (emperor rockfish, yellowtail rockfish, and the The Pacific Coast Groundfish FMP snakehead). ’other fish’ category; limited entry fixed and its implementing regulations at 50 gear fisheries for minor slope rockfish, (P) Channa melanoptera. CFR part 660, subpart G, regulate fishing splitnose rockfish, sablefish, minor for over 80 species of groundfish off the (Q) Channa melasoma (black nearshore rockfish, lingcod and the snakehead). coasts of Washington, Oregon, and ’other fish’ category; and open access California. Annual groundfish (R) Channa micropeltes (giant, red, or fisheries for sablefish, minor nearshore specifications and management redline snakehead). rockfish, lingcod, and the ’other fish’ measures are initially developed by the (S) Channa nox. category. Additionally, pink shrimp Pacific Fishery Management Council (T) Channa orientalis (Ceylon or exempted trawl gear incidental (Pacific Council), and are implemented Ceylonese Green snakehead). groundfish landings limits are now by NMFS. The specifications and (U) Channa panaw. listed in the open access trip limit table management measures for the current (V) Channa pleurophthalmus rather than just in the text at IV.C.(3) to fishing year (January 1–December 31, (ocellated, spotted, or eyespot ensure clarity. These actions, which are 2002) were initially published in the snakehead). authorized by the Pacific Coast Federal Register as an emergency rule Groundfish Fishery Management Plan for January 1–February 28, 2002 (67 FR (W) Channa punctata (dotted or (FMP), will allow fisheries access to spotted snakehead). 1540, January 11, 2002), as a proposed healthy groundfish stocks, prevent rule for all of 2002 (67 FR 1555, January (X) Channa stewartii (golden fisheries that are approaching their OY 11, 2002), and as a final rule effective snakehead). from exceeding their OY, and protect March 1, 2002 (67 FR 10490, March 7, (Y) Channa striata (chevron or striped overfished and depleted stocks. With 2002). The final rule was subsequently snakehead). this inseason trip limit adjustment, amended at 67 FR 15338, April 1, 2002, (Z) Parachanna africana (Niger or NMFS also announces that the States of at 67 FR 18117, April 15, 2002, at 67 FR African snakehead). Washington and Oregon are 30604, May 7, 2002, at 67 FR 40870, (AA) Parachanna insignis (Congo, implementing a declaration requirement June 14, 2002, at 67 FR 44778, July 5, square-spotted African or light African for limited entry trawl vessels intending 2002, at 67 FR 48571, July 25, 2002, at snakehead). to fish with midwater trawl gear in the 67 FR 50835, August 6, 2002, at 67 FR Darkblotched Rockfish Conservation 55166, August 28, 2002, at 67 FR 56497, (BB) Parachanna obscura (dark ° ′ African, dusky, or square-spotted Area (DBCA) north of 40 10 N. lat. This September 4, 2002, and at 67 FR 57973, snakehead). document also contains a correction to September 13, 2002. the limited entry trawl gear trip limit for * * * * * The following changes to current canary rockfish south of 40°10′ N. lat. to groundfish management measures were Dated: September 26, 2002. reflect the closure in the south that was recommended by the Pacific Council, in Paul Hoffman, effective July 1, 2002. consultation with Pacific Coast Treaty Acting Assistant Secretary for Fish and DATES: Effective 0001 hours local time Tribes and the States of Washington, Wildlife and Parks. October 1, 2002, until the 2003 annual Oregon, and California, at its September [FR Doc. 02–25337 Filed 10–3–02; 8:45 am] specifications and management 9–13, 2002, meeting in Portland, OR. BILLING CODE 4310–55–P measures are effective, unless modified, Pacific Coast groundfish landings will

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be monitored throughout the year, and Council recommended reducing the yellowtail rockfish inside the DBCA. further adjustments will be made as sablefish minimum size limit from 22 The widow and yellowtail rockfish necessary to allow achievement of or to inches to 20 inches (56 cm–51 cm), midwater fisheries had previously been avoid exceeding the 2002 OYs and beginning October 1, 2002, for limited closed in the north because these allocations. entry fixed gear and open access vessels species primarily occur within the between 40°10′ N. lat. and 36° N. lat. DBCA, an area closed to protect Depth-based Management and for limited entry trawl vessel south darkblotched rockfish. While midwater Beginning with the July 1, 2002, of 40°10′ N. lat. This reduction in the trawls for these species within the inseason action (67 FR 44778, July 5, minimum sablefish size limit is DBCA would not intercept darkblotched 2002) the Pacific Council reinstated a intended to reduce the discard of rockfish, the midwater fisheries were management line at the 20–fm (37–m) smaller, mature sablefish while closed because of the enforcement depth contour south of 40° 0′ N. lat. The protecting bocaccio, an overfished difficulty in determining whether a 20–fm (37–m) depth contour was used species, by pushing fishing effort for vessel is conducting a midwater or to implement management measures to sablefish into deeper waters. pelagic trawl versus a small footrope protect bocaccio rockfish, an overfished North of 40°10′ N. lat., there bottom trawl, which would intercept species. Through an emergency rule (67 continues to be no sablefish size limit darkblotched rockfish and is prohibited. FR 57973, September 13, 2002) effective because bocaccio do not generally occur In order to allow midwater trawl September 10, 2002, new depth-based north of 40°10′ N. lat. and the adult opportunity for widow and yellowtail management measures affecting the sablefish in that area tend to be larger. rockfish, the States of Washington and limited entry trawl fleet north of 40°10′ To the south of this area (i.e., south of Oregon will implement a declaration N. lat. were implemented to allow 36° N. lat.), there continues to be no process whereby vessels intending to harvest of healthy groundfish stocks sablefish size limit for limited entry fish with midwater trawl gear within the while protecting darkblotched rockfish, fixed gear or open access vessels DBCA would be required to contact the another overfished species. The because the adult sablefish, although State in advance of such fishing trips as emergency rule created a ‘‘no-trawl’’ small, generally occur outside of the a condition of landing in State ports. zone between approximately 100 to 250 bocaccio depth range. The 20–inch (51– Washington and Oregon will implement fm (183 to 457 m) north of 40°10′ N. lat. cm) minimum sablefish size limit for a limited declaration process for the to the U.S.-Canada border, known as the the limited entry trawl gear sablefish November-December period, while DBCA. This inseason action will open sublimit will continue to extend south California will maintain an on-the-water up limited midwater trawl opportunities from 40°10′ N. lat. to the Mexico border. enforcement presence. For November- for widow and yellowtail rockfish in the December, the States of Washington and The ‘‘Other Fish’’ Category for All Gears DBCA, subject to the trip limits Oregon will handle all midwater trawl Coastwide described below and a declaration declarations for fishing in the DBCA. process adopted by the States of ‘‘Other fish’’ are defined at 50 CFR Due to limited State personnel resources Washington and Oregon. 660.302 under the term groundfish, as to handle the declaration process, the those groundfish species or species frequency of trips landing either widow Operating in Areas with Different Trip groups for which there is no trip limit, or yellowtail rockfish is being restricted Limits size limit, quota, or harvest guideline. in Federal regulations to no more than When operating in areas with With this inseason action, the ‘‘other two trips per vessel per 2–month different trip limits north and south of fish’’ category is added to the limited cumulative period (i.e., November- a management line, the crossover entry fixed gear and open access trip December). provisions listed at paragraph IV.A.(12) limit tables, in addition to the limited The available trip limit for this in the 2002 annual specifications and entry trawl table. For all gears north of midwater trawl opportunity was management measures (67 FR 10490, 40°10′ N. lat., ‘‘other fish’’ are not constrained to the November-December March 7, 2002) apply. For the limited limited, except that spiny dogfish is cumulative trip limit period. entry trawl flatfish fisheries north and prohibited for all gears other than small Historically, incidental catch of canary south of the management line at 40°10′ footrope trawl. The fixed gear spiny rockfish, an overfished species, in the N. lat., vessels are subject to the dogfish fishery in the north has a history widow rockfish midwater trawl fishery crossover provisions in paragraph of yelloweye rockfish bycatch, has been lower in the January-February, IV.A.(12) when making landings that especially off Washington. In order to March-April and November-December include any of the flatfish species protect yelloweye rockfish, an cumulative trip limit periods. Because specified at 50 CFR 660.302 in the overfished species, spiny dogfish canary rockfish is approaching its OY, flatfish fisheries. retention is prohibited for all gears the widow and yellowtail midwater except small footrope trawl in the north. fisheries were re-opened only for the Sablefish 20–Inch Minimum Size Limit For all gears south of 40°10′ N. lat., November-December trip limit period for Limited Entry Fixed Gear and Open retention of ‘‘other fish’’ is prohibited in when the interception of canary rockfish Access Between 40°10′ N. lat. and 36° N. order to prevent incidental catch of is likely to be low. lat. and for Limited Entry Trawl South bocaccio with the exception that For the November-December period, of 40°10′ N. lat. retention of grenadiers is permitted. the 2–month cumulative limit for the At the Pacific Council’s September Grenadiers are a deep water species and widow rockfish midwater trawl fishery meeting, public testimony reported a can be targeted without intercepting occurring north of 40°10′ N. lat. will be significant amount of adult sablefish overfished or depleted rockfish stocks. re-opened at 13,000 lb (5,897 kg) per 2 discard in waters deeper than the months, restricted to no more than 2 bocaccio depth range with the 22–inch Limited Entry Trawl Gear Fisheries for trips landing widow rockfish per vessel (56 cm) minimum sablefish size Midwater Widow and Yellowtail per 2–month period. For yellowtail ° ′ restriction that was imposed on July 1, Rockfish North of 40 10 N. lat. rockfish, the November-December 2– 2002 (67 FR 44778, July 5, 2002 and At their September meeting, the month cumulative limit for the subsequently amended at 67 FR 50835, Pacific Council decided to allow yellowtail rockfish midwater trawl August 6, 2002). Therefore, the Pacific midwater trawl fisheries for widow and fishery occurring north of 40°10′ N. lat.

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will be re-opened at 20,000 lb (9,072 kg) footrope or midwater trawl gear is used from 15,000 lb (6,804 kg) per 2 months per 2 months, restricted to no more than to land any groundfish species during to 40,000 lb (18,144 kg) per 2 months. 2 trips landing yellowtail rockfish per the entire cumulative limit period or Limited Entry Trawl Gear Fisheries for vessel per 2–month period. 12,000 lb (5,443 kg) per 2 months if Flatfish South of 40°10′ N. lat. small footrope gear is used to land any Limited Entry Trawl Gear Fisheries for groundfish species during the entire Previously, the Petrale sole trip limit the DTS Complex North of 40°10′ N. lat. ° ′ cumulative limit period; shortspine south of 40 10 N. lat. was included in ° ′ The DTS complex north of 40 10 N. thornyhead will be increased from 750 the combined flatfish limit for rex sole, lat. was previously scheduled to lb (340 kg) per month to 2,200 lb (998 petrale sole, English sole, and decrease for the November-December kg) per 2 months; longspine thornyhead arrowtooth flounder as an incidental cumulative limit period. In addition, the will be increased from 1,000 lb (454 kg) catch allowance in the DTS fishery. ° ′ September emergency rule (67 FR per month to 8,000 lb (3,629 kg) per 2 South of 40 10 N. lat., logbook and fish 57973, September 13, 2002) had split months; and sablefish will be increased landing ticket data report that the the November-December cumulative from 1,250 lb (567 kg) per month to limited entry trawl fishery for Petrale limit period from a 2–month to a 2,600 lb (1,179 kg) per 2 months. sole occurs primarily seaward of 180 fm monthly cumulative limit to allow more (329 m) and has not shown any flexibility for possible future inseason Limited Entry Trawl Gear Fisheries for incidental catch of bocaccio. The adjustments. However, in doing so, the Minor Slope Rockfish Coastwide and overfished species bycatch for this flexibility of the fishermen to plan their Splitnose Rockfish South of 36° N. lat. fishery during November-December trips is further constrained and the As in the DTS fishery above, the using a depth-based bycatch model likelihood of regulatory discards may September emergency rule had split the projects that widow rockfish, lingcod, increase. Because sufficient OY remains November-December cumulative limit darkblotched rockfish may be and the incidence of overfished rockfish period from a 2–month to a monthly intercepted in the Petrale sole fishery. species interception in the DTS fisheries cumulative limit to allow more However, incidental catch levels of is lower during November-December, flexibility for possible future inseason these species are not projected to exceed the Pacific Council decided to increase adjustments. However, in doing so, the their 2002 OYs. Therefore, Petrale sole the cumulative trip limits for the DTS flexibility of the fishermen to plan their was pulled out of the combined flatfish complex during the November- trips is further constrained and the limit and given its own trip limit, December cumulative limit period and likelihood of regulatory discards may 30,000 lb (13,608 kg) per 2 months, to re-instate the 2–month cumulative limit. increase. provide targeted harvest opportunity on In order to allow fishermen access to a healthy groundfish stock with PacFIN landings estimates through the remaining DTS OYs while still minimal incidental catch of overfished September 7, 2002, report the limited protecting darkblotched rockfish in all rockfish species. northern waters and canary rockfish in entry slope rockfish catch in the north In addition, rex sole was pulled out of waters shoreward of the 100–fm (184 m) to be at 104 mt out of a 1,150 mt OY the combined flatfish limit and assigned depth contour line, the Pacific Council for 2002 (1,046 mt remaining) and at a higher incidental catch allowance of increased the OY for all DTS complex 275 mt out of a 497 mt OY (222 mt 2,000 lb (907 kg) per trip. English sole species, but increased the Dover sole remaining) for the south. For splitnose and arrowtooth flounder retain a limit disproportionately between large rockfish in the Monterey and combined limit of 1,000 lb (454 kg) per and small footrope trawl gear. Small Conception management areas, PacFIN trip as an incidental catch allowance in footrope trawl gear was assigned a lower estimates report the limited entry and the DTS or petrale sole fisheries. Dover sole trip limit, 12,000 lbs (5,443 open access splitnose catch to be at 35 For the November-December period, kg) per 2 months, because small mt out of a 387 mt OY (352 mt limited entry trawl fisheries for flatfish footrope is the only bottom trawl gear remaining). Because sufficient OY south of 40°10′ N. lat. are closed with allowed in waters shoreward of the 100 remains and the incidence of overfished the following exceptions: petrale sole fm (183 m)depth contour where there is rockfish species interception is low, the will have its own trip limit of 30,000 lb higher incidence of rockfish bycatch, Pacific Council decided to increase the (13,608 kg) per 2 months, rex sole will including canary and darkblotched cumulative trip limits for minor slope have its own incidental catch allowance rockfish. Small footrope gear is allowed rockfish fisheries in the north during the of 2,000 lb (907 kg) per trip, and English in waters inside of 100 fm (183 m) November-December period and for the sole and arrowtooth flounder continue because it tends to have less incidental minor slope and splitnose rockfish to have a combined incidental catch ° ′ catch of canary rockfish since it cannot fisheries south of 40 10 N. lat. during allowance of 1,000 lb (454 kg) per trip effectively fish in rocky seafloor habitat the September-October and November- when landed with DTS or petrale sole. where canary rockfish are typically December cumulative limit periods, re- The amount of per-trip flatfish landings found. Conversely, the higher limit for instating the 2–month cumulative limit. (rex sole, English sole, and arrowtooth Dover sole caught with large footrope For the September-October period, flounder) must not exceed the amount trawl gear, 22,000 lb (9,979 kg) per 2 limited entry trawl fisheries for minor of DTS and petrale sole landed. months, is intended to encourage slope and splitnose rockfish south of 36° Landings may continue to be made with vessels to operate seaward of the 250 fm N. lat. will each be increased from small or large footrope gear. (461 m) depth contour, outside the 15,000 lb (6,804 kg) per 2 months to range of darkblotched and canary 25,000 lb (11,340 kg) per 2 months. For Limited Entry Fixed Gear Fisheries for the November-December period, limited Minor Slope Rockfish and Splitnose rockfish. ° For the November-December period, entry trawl fisheries for minor slope Rockfish South of 36 N. lat. the 2–month cumulative limit for the rockfish north of 36° N. lat. will be The limited entry fixed gear fisheries DTS trawl fishery north of 40°10′ N. lat. increased from 300 lb (136 kg) per for minor slope and splitnose rockfish will be increased as follows: Dover sole month to 1,800 lb (816 kg) per 2 months; south of 36° N. lat. generally occur well will be increased from 7,000 lb (3,175 limited entry trawl fisheries for both outside of 250 fm (461 m). In addition kg) per month to 22,000 lb (9,979 kg) per minor slope and splitnose rockfish to the fishery taking place in deeper 2 months providing that only large south of 36° N. lat. will be increased waters beyond the range of bocaccio, the

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OY for limited entry slope rockfish in may be species other than black and (d) Sablefish size and weight limit the south is estimated in PacFIN to be blue rockfish. conversions. The following conversions at 275 mt out of a 497 mt OY (222 mt apply to both the limited entry and open Limited Entry Fixed Gear and Open remaining). For splitnose rockfish in the access fisheries when size and trip Access Fisheries for Lingcod South of Monterey and Conception management limits are effective for those fisheries. 40°10′ N. lat. areas, PacFIN estimates report the For headed and gutted (eviscerated) limited entry and open access splitnose Minor nearshore rockfish south of sablefish: ° ′ catch to be at 35 mt out of a 387 mt OY 40 10 N. lat. are estimated to have (i) The minimum size limit for headed (352 mt remaining). Because sufficient exceeded the 2002 OY by 18 mt through sablefish, which corresponds to 20 OY remains for both minor slope and September 7, 2002. Because nearshore inches (51 cm) TL for whole fish, is 14 splitnose rockfish and the likelihood of rockfish and lingcod co-occur, the inches (36 cm). ° ′ bocaccio interception in these fisheries fishery for lingcod south of 40 10 N. lat. (ii) The conversion factor established during the remainder of 2002 is low, the will close one month earlier than by the State where the fish is or will be cumulative limit for these fisheries will previously scheduled to protect landed will be used to convert the be increased. nearshore rockfish from continued processed weight to round weight for For the September-October and overharvesting. purposes of applying the trip limit. (The November-December periods, the trip Previously, the limited entry fixed conversion factor currently is 1.6 in limits for both minor slope and gear and open access fisheries for ° ′ Washington, Oregon, and California. splitnose rockfish will be increased lingcod south of 40 10 N. lat. were open However, the State conversion factors south of 36° N. lat. from 15,000 lb (6,804 only inside the 20 fm (37 m) contour may differ: fisher should contact fishery kg) per 2 months to 25,000 lb (11,340 with cumulative limits of 400 lb (181 enforcement officials in the State where kg) per 2 months. kg) per month for limited entry fixed the fish will be landed to determine that gear fisheries and 300 lb (136 kg) per State’s official conversion factor.) Limited Entry Fixed Gear and Open month for open access fisheries. Access Fisheries for Sablefish North of * * * * * ° Beginning October 1, 2002, the limited 36 N. lat. entry fixed gear and open access 2. On page 10512, in section IV., PacFIN landings data estimates that fisheries south of 40°10′ N. lat. for under A. General Definitions and the open access landings for sablefish in lingcod will be closed. Provisions, paragraph (12)(e) is added to the north are at 1,032 mt out of a 1,780 read as follows: Correction mt OY for 2002 (748 mt remaining). (12) * * * Because sufficient OY remains for The canary rockfish fishery was (e) Flatfish Fisheries. There are ° ′ sablefish north of 36° N. lat., the limits closed south of 40°10′ N. lat. with the differential trip limits for the flat 40 10 in the sablefish daily trip limit fishery July 1, 2002 trip limit adjustments (67 N. lat. Vessels operating in the limited will be increased. Fr 44778, July 5, 2002). The closure for entry trawl fishery are subject to the Beginning October 1, 2002, the the limited entry trawl fishery for crossover provisions in this paragraph limited entry fixed gear and open access canary rockfish starting October 1, 2002, IV.A.(12) when making landings that daily trip limit fishery for sablefish was inadvertently removed during include any of the flatfish species north of 36° N. lat. will be increased implementation of the September specified at 50 CFR 660.302 in the from 300 lb (136 kg) per day, or 1 emergency rule (67 FR 56497, flatfish fisheries. landing per week up to 800 lb (363 kg), September 4, 2002). The limited entry * * * * * not to exceed 2,400 lb (1,089 kg) per 2 trawl fishery for canary rockfish should 3. On page 57976, in 67 FR 57976, months, to 300 lbs (136 kg) per day, or be closed south of 40°10′ N. lat. for the September 13, 2002, in the third 1 landing per week up to 900 lb (408 remainder of 2002. column, language is added to the last kg), not to exceed 2,700 lb (1,225 kg) per NMFS Actions sentence in the last paragraph in IV. 2 months. A.(22), such that the last sentence For the reasons stated herein, NMFS Limited Entry Fixed Gear and Open should read as follows: concurred with the Pacific Council’s ‘‘These restrictions do not apply to Access Fisheries for Minor Nearshore recommendations and hereby Rockfish North of 40°10′ N. lat. Pacific whiting vessels using mid-water announces the following changes to the trawl gear to fish for their sector’s PacFIN’s landed catch estimates show 2002 specifications and management primary whiting season allocation, as the limited entry and open access measures (67 FR 10490, March 7, 2002, defined at § 660.323(a)(3), or to vessels ° ′ nearshore rockfish catch north of 40 10 as amended at 67 FR 15338, April 1, fishing for widow or yellowtail rockfish N. lat. to be at 186 mt out of a 324 mt 2002, 67 FR 18117, April 15, 2002, 67 using mid-water trawl gear.’’ OY for 2002 (138 mt remaining). FR 30604, May 1, 2002, 67 FR 40870, * * * * * Because sufficient OY remains for June 14, 2002, 67 FR 44778, July 5, nearshore rockfish, beginning October 1, 2002, 67 FR 48571, July 25, 2002, 67 FR 4. On pages 10517 and 10518, in 2002, the limited entry fixed gear and 50835, August 6, 2002, 67 FR 55166, section IV., under B. Limited Entry open access fisheries for minor August 28, 2002, 67 FR 56497, Fishery, at the end of paragraph (1), nearshore rockfish north of 40°10′ N. lat. September 4, 2002, and 67 FR 57973, Tables 3 and 4 are revised to read as will be increased from 6,000 lb (2,722 September 13, 2002) to read as follows: follows: kg) per 2 months, no more than 3,000 1. On page 10511, in column 1, IV. NMFS Actions lb (1,361 kg) of which may be species section IV., under A. General other than black and blue rockfish, to Definitions and Provisions, paragraph B. Limited Entry Fishery 7,000 lb (3,175 kg) per 2 months, no (6)(d) is revised to read as follows: (1) * * * more than 3,000 lb (1,361 kg) of which * * * * * BILLING CODE 3510–22–S

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5. On page 10520, in section IV., under C. Trip Limits in the Open Access Fishery, at the end of paragraph (1), Table 5 is revised to read as follows:

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IV. NMFS Actions C. Trip Limits in the Open Access Fishery (1) * * *

BILLING CODE 3510–22–C

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* * * * * classification of certain species (i.e., SUPPLEMENTARY INFORMATION: Section Petrale sole and rex sole within flatfish) 304(e) of the Magnuson-Stevens Act Classification as such prior notice and opportunity for requires that, if the Secretary of These actions are authorized by the public comment is unnecessary. It is Commerce (Secretary) determines that a Pacific Coast groundfish FMP and its unnecessary because these are minor fishery is overfished, the Secretary shall implementing regulations, and are based technical amendments upon which the immediately notify the appropriate on the most recent data available. The public most likely has little interest in fishery management council and request aggregate data upon which these actions commenting. For the above reasons, that action be taken to end overfishing are based are available for public good cause also exists to waive the 30– in the fishery and to implement inspection at the Office of the day delay in effectiveness requirement conservation and management measures Administrator, Northwest Region, of 5 U.S.C. 553 (d)(3). to rebuild affected stocks. The fishery NMFS, (see ADDRESSES) during business The declaration process mentioned in management council has one year from hours. this inseason action, if implemented, the date of notification to prepare a plan The Assistant Administrator for will be a requirement of the States of to end overfishing in the fishery and to Fisheries, NMFS, finds good cause to Washington and Oregon. The State rebuild affected stocks. waive the requirement to provide prior declaration process therefore would not On March 3, 1999, the Secretary notice and opportunity for public be subject to Federal Paperwork approved Amendment 7 to the Fishery comment on this action pursuant to 5 Reduction Act requirements. Management Plan for the Bering Sea/ U.S.C. 553(b)(B), because providing These actions are taken under the Aleutian Islands King and Tanner Crabs prior notice and opportunity for authority of 50 CFR 660.323(b)(1) and (FMP) (64 FR 11390, March 9, 1999). comment would be impracticable. It are exempt from review under Executive Pursuant to section 303(a)(10) of the would be impracticable because the trip Order 12866. Magnuson-Stevens Act, and the national limit adjustments for most species or standard guidelines (50 CFR part 600), Authority: 16 U.S.C. 1801 et. seq. species groups are scheduled to begin the amendment revised the definitions October 1, 2002, and affording prior Dated: October 1, 2002. of overfishing, maximum sustainable notice and opportunity for public Virginia M. Fay, yield, and optimum yield for the king comment would impede the agency’s Acting Director, Office of Sustainable and Tanner crab stocks of the Bering Sea function of managing fisheries to Fisheries, National Marine Fisheries Service. and Aleutian Islands. approach without exceeding the OY for [FR Doc. 02–25308 Filed 10–1–02; 2:49 pm] A stock is considered overfished federally managed species. Delaying BILLING CODE 3510–22–S when the total spawning biomass is implementation of these trip limit below the minimum stock size adjustments past October 1, 2002, may threshold (MSST) as defined in the cause unnecessary hardship among the DEPARTMENT OF COMMERCE FMP. The MSST for Pribilof Islands West coast groundfish fleets. In 2002, blue king crabs is 6.6 million lb (2,994 the West coast groundfish fleet has National Oceanic and Atmospheric mt) of total mature biomass (TMB). suffered severe cutbacks in seasons, Administration The Alaska Fisheries Science Center areas, and species available to be fished (AFSC) has determined that the stock in an effort by the Pacific Council to 50 CFR Part 679 has declined below its MSST. This primarily protect darkblotched and [I.D. 092602D] determination is based on a joint NMFS bocaccio rockfish, both overfished and Alaska Department of Fish&Game species. Most of the trip limit Fisheries of the Exclusive Economic (ADF&G) assessment of stock adjustments in this document are Zone Off Alaska; Overfished Fisheries conditions, which incorporates the 2002 increases from the status quo. Increases NMFS Eastern Bering Sea trawl survey to trip limits for healthy stocks must be AGENCY: National Marine Fisheries data. implemented in a timely manner to Service (NMFS), National Oceanic and NMFS, as required by section 304(e), alleviate some of the economic and Atmospheric Administration (NOAA), notified the Council by letter on social burden fishermen and fishing Commerce. September 23, 2002, that the Pribilof communities have to bear to protect ACTION: Notification of overfished stock. Islands blue king crab stock is overfished and depleted groundfish overfished and that the Council must species. Delaying implementation of SUMMARY: NMFS has identified the develop a rebuilding plan within one these trip limit adjustments would Pribilof Islands blue king crab year. The time period for a rebuilding restrict fishermen to the reduced trip (Paralithodes platypus) stock as program must be as short as possible, limits put in place by both the July overfished. This document is intended but not exceed 10 years, unless the inseason trip limits and the September to notify the public that the North biology of the stock or other emergency rule that were previously Pacific Fishery Management Council environmental conditions dictate scheduled for the September-October (Council) has been informed that this otherwise. and November-December cumulative stock is overfished and that the Council According to the national standard period. In addition, some changes are has been directed to initiate action to guidelines at 50 CFR 600.310(d)(4)(ii) closures in order to prevent incidental rebuild the stock. This notification is and (e)(3), the Council has two catch of overfished species. Delaying necessary to comply with the alternatives for remedial action. First, implementation of these closures would Magnuson-Stevens Fishery under the guidelines, if the stock is allow fishermen to continue harvesting Conservation and Management Act declining due to changes in certain species and may cause the (Magnuson-Stevens Act), which requires environmental conditions that affect its fisheries to exceed the OYs for identification of overfished stocks and long-term productivity, the Council overfished rockfish species. subsequent implementation of must respecify the MSST. Second, if the The AA also finds good cause to management measures to rebuild stock or stock complex is overfished or waive the requirement to provide prior overfished stocks. if a threshold is being approached, the notice and opportunity for public FOR FURTHER INFORMATION CONTACT: Council must take remedial action by comment on the correction and re- Nina Mollett, 907–586–7462. preparing an FMP amendment designed

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to rebuild the stock to the maximum fishery was again closed due to several Although poor precision in sustainable yield level within an factors, including the declining abundance estimates makes year-to-year appropriate time frame. abundance trend, low level of comparisons difficult, the trend in prerecruits, low precision of estimates, Management Background estimates since the mid–1990s indicates and poor fishery performance in the that this stock is depressed, in decline, The situation with Pribilof Islands preceding two seasons. and below MSST. Estimates of blue king crab is somewhat unusual in Since 1999 the fishery has remained abundance for all male size classes are that NMFS is declaring the fishery closed. Data from the 2001 NMFS low and provide no suggestion of overfished even though it has been Eastern Bering Sea trawl survey recruitment to the mature or legal closed since 1999, the stock is protected indicated that the stock was continuing component in the near future. A total of by existing Council, State of Alaska, and its decline in abundance from mid– NMFS management measures, its 1990s levels. The stock’s TMB for 2001 only 12 male blue king crabs were habitat is protected by the Pribilof was estimated at 7.0 million lb (3,175 caught at six stations in the Pribilof Islands habitat conservation area, and mt). Although that was above the MSST District during the 2002 survey. Of Pribilof Islands blue king crab are not of 6.6 million lb (2,994 mt), the fishery these, only one was sub-legal size, and caught as bycatch in any fishery. remained closed because the abundance most of the rest were old-shell post Since 1980, when the harvest from of mature males fell below the 0.77 recruit crabs. this stock reached 11.0 million lb (4,990 million lb (349 mt) threshold level for ADF&G concurs with the results of mt), the Pribilof Islands blue king crab mature males that the Alaska the analysis of the 2002 NMFS trawl stock has declined substantially in Department of Fish and Game (ADF&G) survey. The Council is aware of the abundance. The fishery was closed from established under its harvest strategy for results of the trawl survey and 1988 to 1994 due to low stock this stock. Furthermore, the stock level anticipated this determination. Industry abundance. Although this stock was and trend raised concerns that the stock has not been dependent on this fishery, estimated to be above the MSST during could fall below the MSST by 2002. which has been closed for several years. the early 1990s, abundance estimates of These concerns were borne out in this stock were considered too 2002, when the stock’s TMB was Dated: September 27, 2002. unreliable to justify reopening the estimated to be below the MSST, at 4.5 Virginia M. Fay, fishery. By 1995, the estimates had million lb (2,041 mt). Mature male Acting Director, Office of Sustainable improved enough to open the fishery. abundance for 2002 was estimated at Fisheries, National Marine Fisheries Service. However, from 1995 through 1998, 0.338 million lb (153 mt); this again was [FR Doc. 02–25331 Filed 10–3–02; 8:45 am] harvests fell from 1.3 million lb (590 mt) below the harvest strategy threshold for to 0.5 million lb (227 mt). In 1999 the a fishery opening. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 67, No. 193

Friday, October 4, 2002

This section of the FEDERAL REGISTER Attorney (202/452–3594), Legal joint margin rules, and stock futures contains notices to the public of the proposed Division; for users of may be subject to additional issuance of rules and regulations. The Telecommunication Devices for the Deaf requirements of the self-regulatory purpose of these notices is to give interested (TDD) only, contact 202/263–4869. organizations (SROs). The Board is persons an opportunity to participate in the proposing to amend section 220.4(b)(1) rule making prior to the adoption of the final SUPPLEMENTARY INFORMATION: rules. of Regulation T (‘‘Margin Account ‘‘ 1. Background Applicability) to state explicitly that The Commodity Futures stock futures are not subject to the FEDERAL RESERVE SYSTEM Modernization Act of 20001 (‘‘CFMA’’) margin requirements of Regulation T lifted the ban on futures on single stocks found in section 220.12 (‘‘Supplement: 12 CFR Part 220 and narrow-based stock indexes, as well margin requirements’’). [Regulation T; Docket No. R–1131] as options on these futures (hereinafter B. Withdrawals To Meet Variation ‘‘stock futures’’).2 The CFMA required Settlement Obligations Credit by Brokers and Dealers; the Board either to adopt margin rules Although positions in futures and Security Futures for stock futures or to delegate its authority jointly to the Commodity securities are marked-to-market daily to AGENCY: Board of Governors of the Futures Trading Commission and determine if additional margin is Federal Reserve System. Securities and Exchange Commission. required, the procedures for the two markets differ. With futures contracts, ACTION: Proposed rule. The Board delegated its authority to the the daily marked-to-market amount, Commissions in a letter dated March 6, SUMMARY: The Board of Governors is known as ‘‘variation settlement’’ is paid 2001. The Commissions published publishing for comment proposed by customers with positions that have proposed margin rules for public amendments to Regulation T to clarify declined in value to customers on the comment in the Federal Register on the treatment of stock futures held by other side of the contract whose October 4, 20013 and published joint customers at a security futures positions have risen in value. With final margin rules in the Federal intermediary. The proposed securities, customers whose positions Register on August 14, 2002.4 amendments would permit the have declined in value are not required Brokers and dealers are generally withdrawal of cash from an otherwise to post additional collateral unless the subject to the Board’s Regulation T 5 restricted margin account if required to decline is large enough to trigger the when they effect transactions for satisfy maintenance margin maintenance margin requirements of the customers. Although the Board has requirements. The proposed SROs. The securities margining system delegated its authority over margin amendments also would explicitly has nothing comparable to the payment requirements for stock futures to the permit stock futures to be carried in a that occurs between customers under Commissions, these transactions will be good faith account as is currently done the futures margining system. effected in one or more securities with other futures. Section 220.4(e) of Regulation T accounts described in Regulation T. The DATES: Comments on the proposed rule prohibits a customer from withdrawing Board is proposing amendments to cash or securities from a margin account must be received not later than Regulation T to eliminate potential November 15, 2002. if there is an outstanding Regulation T conflicts between the regulation and the margin call or if the withdrawal, ADDRESSES: Comments should refer to Commissions’ joint margin rules. We together with other transactions on the docket number R–1131 and should be invite your comments on all aspects of same day, would create or increase a sent to Ms. Jennifer J. Johnson, the proposal. margin deficiency. The Board believes Secretary, Board of Governors of the this restriction should not apply to a Federal Reserve System, 20th Street and 2. Stock Futures held in a Securities customer who is required to make a Constitution Avenue, NW., Washington, Margin Account variation settlement payment under the DC, 20551 or mailed electronically to A. Margin Requirements for Stock Commissions’ joint margin rules or SRO [email protected]. Futures margin rules. The Board is therefore Comments addressed to Ms. Johnson proposing an exception to the also may be delivered between 8:45 a.m. Margin requirements for stock futures are established by the Commissions’ withdrawal provision for such and 5:15 p.m. to the Board’s mail customers. Withdrawals permitted facility in the west courtyard of the 1 under the proposed amendment would Eccles Building, located on 21st Street Pub. L. 106–554, Appendix E. 2 The CFTC and SEC have adopted rules for not be made available to the customer between Constitution Avenue and C futures on single stocks and narrow-based stock whose account is debited as the funds Street, NW. Members of the public may indexes. The CFMA does not authorize the trading will be used exclusively to pay the of options on these futures before late 2003. The inspect comments in accordance with customer on the other side of the stock the Board’s Rules Regarding the Board is today proposing amendments that would cover all stock future products, including options. futures contract. Availability of Information (12 CFR part If the CFTC and SEC adopt additional margin rules 261) in Room MP–500 of the Martin for stock futures options (under the authority 3. Stock Futures Held in a Futures Building on weekdays between 9 a.m. delegated by the Board in 2001), the Board may Account and 5 p.m. wish to propose further amendments to Regulation T. Stock futures are securities under the FOR FURTHER INFORMATION CONTACT: 3 66 FR 50720. Securities Exchange Act of 1934 Scott Holz, Senior Counsel (202/452– 4 67 FR 53146. (‘‘SEA’’) and contracts of sale for future 2966) or Thomas Scanlon, Senior 5 12 CFR part 220. delivery under the Commodities

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Exchange Act (‘‘CEA’’). The each long or short position in securities cracking. Such failure could result in a Commissions’’ joint margin rules (except for security futures products) is wing separating from the airplane with provide that stock futures may be held set forth in § 220.12 (the Supplement) consequent loss of airplane control. in either a securities or a futures and is subject to the following DATES: The Federal Aviation account. Under Regulation T, stock exceptions and special provisions. Administration (FAA) must receive any futures transactions may be effected and * * * * * comments on this proposed rule on or carried in a margin account because (e) Withdrawals of cash or securities. before November 8, 2002. they are securities under the SEA. *** ADDRESSES: Submit comments to FAA, Under Regulation T, transactions (4) The provisions of this paragraph Central Region, Office of the Regional involving contracts of sale for future (e) shall not apply to a withdrawal of Counsel, Attention: Rules Docket No. delivery are recorded in the good faith cash to meet variation settlement 2000–CE–05–AD, 901 Locust, Room account,6 which is not subject to the obligations for security futures products 506, Kansas City, Missouri 64106. You restrictions of the margin account. The held in a margin account. may view any comments at this location Board is proposing to amend section * * * * * between 8 a.m. and 4 p.m., Monday 220.6(e) of Regulation T to provide 3. Section 220.6(e)(1) introductory through Friday, except Federal holidays. explicitly that stock futures may be text and (e)(1)(i) are revised to read as You may also send comments effected and carried in the good faith follows: electronically to the following address: account. 9-ACE–[email protected]. Comments § 220.6 Good faith account. Paperwork Reduction Act sent electronically must contain * * * * * ‘‘Docket No. 2000–CE–05–AD’’ in the In accordance with the Paperwork (e) Nonpurpose credit and security subject line. If you send comments Reduction Act of 1995 (44 U.S.C. 3506; futures products. (1) A creditor may: electronically as attached electronic 5 CFR 1320 Appendix A.1), the Board (i) Effect and carry transactions in files, the files must be formatted in reviewed the proposed rule under the commodities, including transactions in Microsoft Word 97 for Windows or authority delegated to the Board by the security futures products; ASCII text. Office of Management and Budget. No You may get service information that * * * * * collections of information pursuant to applies to this proposed AD from the Paperwork Reduction Act are By order of the Board of Governors of the Moravan, Inc., 765 81 Otrokovice, Czech contained in the proposed rule. Federal Reserve System, September 30, 2002. Republic; telephone: +420 67 767 3940; Jennifer J. Johnson, Regulatory Flexibility Act facsimile: +420 67 792 2103. You may Secretary of the Board. also view this information at the Rules The Board certifies that the proposed [FR Doc. 02–25227 Filed 10–3–02; 8:45 am] Docket at the address above. amendments, if adopted, will not have BILLING CODE 6210–01–P FOR FURTHER INFORMATION CONTACT: a significant economic impact on a Doug Rudolph, Aerospace Engineer, substantial number of small entities. FAA, Small Airplane Directorate, 901 The only substantive effect of the DEPARTMENT OF TRANSPORTATION Locust, Room 301, Kansas City, proposed amendments is to eliminate a Missouri 64106; telephone: (816) 329– potential conflict with other federal Federal Aviation Administration 4059; facsimile: (816) 329–4090. margin regulations promulgated by the SUPPLEMENTARY INFORMATION: CFTC and SEC. 14 CFR Part 39 Comments Invited List of Subjects in 12 CFR Part 220 [Docket No. 2000–CE–05–AD] How Do I Comment on This Proposed Brokers, Reporting and recordkeeping RIN 2120–AA64 requirements, Securities. AD? The FAA invites comments on this Authority and Issuance Airworthiness Directives; MORAVAN a.s. Model Z–242L Airplanes proposed rule. You may submit For the reasons set forth in the whatever written data, views, or preamble, the Board proposes to amend AGENCY: Federal Aviation arguments you choose. You need to 12 CFR part 220 to read as follows: Administration, DOT. include the rule’s docket number and ACTION: Notice of proposed rulemaking submit your comments to the address PART 220—CREDIT BY BROKERS (NPRM). specified under the caption ADDRESSES. AND DEALERS (REGULATION T) We will consider all comments received 1. The authority citation for Part 220 SUMMARY: This document proposes to on or before the closing date. We may continues to read as follows: adopt a new airworthiness directive amend this proposed rule in light of (AD) that would apply to all MORAVAN comments received. Factual information Authority: 15 U.S.C. 78c, 78g, 78q, and a.s. (Moravan) Model Z–242L airplanes. that supports your ideas and suggestions 78w. This proposed AD would establish a 2. Section 220.4 is amended as is extremely helpful in evaluating the technical service life for these airplanes follows: effectiveness of this proposed AD action by restricting Acrobatic and Utility a. By revising paragraph (b)(1); and and determining whether we need to b. By adding a new paragraph (e)(4). category operations and requiring take additional rulemaking action. replacement of the wings after a certain The revision and addition read as Are There Any Specific Portions of This follows: operational time period. This proposed AD is the result of mandatory Proposed AD I Should pay Attention to? § 220.4 Margin account. continuing airworthiness information The FAA specifically invites * * * * * (MCAI) issued by the airworthiness comments on the overall regulatory, (b) Required margin.—(1) authority for the Czech Republic. The economic, environmental, and energy Applicability. The required margin for actions specified by this proposed AD aspects of this proposed rule that might are intended to prevent structural suggest a need to modify the rule. You 6 Section 220.6(e). failure of the wing due to fatigue may view all comments we receive

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before and after the closing date of the Acrobatic and certificated for operation in the United rule in the Rules Docket. We will file a utility category All operations States under the provisions of § 21.29 of report in the Rules Docket that operations the Federal Aviation Regulations (14 summarizes each contact we have with CFR 21.29) and the applicable bilateral Group 2 450 hours TIS 5,500 hours the public that concerns the substantive only in these TIS. New airworthiness agreement. parts of this proposed AD. categories. wings must Pursuant to this bilateral How Can I be Sure FAA Receives my Operation be installed airworthiness agreement, the CAA has Comment? only in the prior to fur- kept FAA informed of the situation Normal cat- ther oper- described above. If you want FAA to acknowledge the egory there- ation. receipt of your mailed comments, you after. The FAA’s Determination and an must include a self-addressed, stamped Explanation of the Provisions of this postcard. On the postcard, write What Are the Consequences if the Proposed AD ‘‘Comments to Docket No. 2000–CE–05– Condition Is not Corrected? AD.’’ We will date stamp and mail the What has FAA Decided? postcard back to you. Fatigue cracks in the wing, if not detected and corrected or prevented, The FAA has examined the findings Discussion could result in structural failure of the of the CAA; reviewed all available What Events Have Caused This wing. Such failure could result in a information, including the service Proposed AD? wing separating from the airplane with information referenced above; and consequent loss of airplane control. determined that: The Civil Aviation Authority Czech Republic (CAA CZ), which is the Is There Service Information That —The unsafe condition referenced in airworthiness authority for the Czech Applies to This Subject, and What Are this document exists or could Republic, notified FAA that an unsafe the Provisions of This Service develop on other Moravan Model condition may exist on all Moravan Information? Z–242L airplanes of the same type Model Z–242L airplanes. The CAA CZ Moravan has issued the following: design that are on the U.S. registry; reports that these airplanes are operated —Mandatory Service Bulletin Z 242L/ —The actions specified in the over the load spectrum that was used at 27a—Rev. 1, dated October 31, previously-referenced service certification. The CAA CZ further 2000: This service bulletin includes information should be reports that a technical service life for procedures for installing accomplished on the affected these airplanes is needed. strengthened wings on airplanes airplanes; and The affected airplanes fall into two with a serial number in the range of different groups: —AD action should be taken in order to 0001 through 0656; and correct this unsafe condition. —Group 1: those airplanes with a —Mandatory Service Bulletin Z 242L/ serial number in the range of 0001 37a (Z 142C/17a), Rev. 1, and What Would This Proposed AD Require? through 0656 with the original wings Mandatory Service Bulletin Z 242L/ installed; and 38a (Z 142C/18a), both dated This proposed AD would establish a —Group 2: those airplanes with October 31, 2000: These service technical service life for these airplanes stronger wings installed either through bulletins include criteria for a new by restricting Acrobatic and Utility modification (serial numbers 0001 technical service life of the affected category operations and requiring through 0656) or at manufacture (all airplanes and specify operational replacement of the wings after a certain serial numbers beginning with 0657). operational time period. Based on analysis, the CAA CZ limitations for Acrobatic and Utility reports that the technical service life category operations. Cost Impact should be: What Action Did the CAA Take? How Many Airplanes Would This Acrobatic and The CAA classified these service Proposed AD Impact? utility category All operations bulletins as mandatory and issued operations Czech Republic AD Number CAA–AD– We estimate that this proposed AD T–099/2000R1, dated June 28, 2001, in would affect 39 airplanes in the U.S. Group 1 190 hours time- 3,500 hours order to ensure the continued registry. in-service TIS. New airworthiness of these airplanes in the (TIS) only in wings must What Would Be the Cost Impact of This these cat- be installed Czech Republic. Proposed AD on Owners/Operators of egories. Op- prior to fur- Was This in Accordance With the the Affected Airplanes? eration only ther oper- Bilateral Airworthiness Agreement? in the Normal ation. We estimate the following costs to category This airplane model is manufactured replace the wings after the technical thereafter. in the Czech Republic and is type service life is reached:

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

60 workhours × $60 per hour = $17,400 per set of wings ...... $21,000 ...... $819,000. $3,600.

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We have no way of determining the promulgated, will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701. monetary cost of the inconvenience of economic impact, positive or negative, restricting flight to Normal category on a substantial number of small entities § 39.13 [Amended] operations. under the criteria of the Regulatory 2. FAA amends § 39.13 by adding a Flexibility Act. A 5 copy of the draft Regulatory Impact new airworthiness directive (AD) to regulatory evaluation prepared for this read as follows: Would This Proposed AD Impact action has been placed in the Rules Various Entities? Docket. A copy of it may be obtained by Moravan A.S.: Docket No. 2000–CE–05–AD contacting the Rules Docket at the (a) What airplanes are affected by this AD? The regulations proposed herein This AD affects Model Z 242L airplanes, all location provided under the caption would not have a substantial direct serials numbers, that are certificated in any ADDRESSES. effect on the States, on the relationship category. between the national government and List of Subjects in 14 CFR Part 39 (b) Who must comply with this AD? the States, or on the distribution of Anyone who wishes to operate any of the power and responsibilities among the Air transportation, Aircraft, Aviation safety, Safety. airplanes identified in paragraph (a) of this various levels of government. Therefore, AD must comply with this AD. it is determined that this proposed rule The Proposed Amendment (c) What problem does this AD address? would not have federalism implications Accordingly, under the authority The actions specified by this AD are intended under Executive Order 13132. delegated to me by the Administrator, to prevent structural failure of the wing due Would This Proposed AD Involve a the Federal Aviation Administration to fatigue cracking. Such failure could result Significant Rule or Regulatory Action? proposes to amend part 39 of the in a wing separating from the airplane with consequent loss of airplane control. For the reasons discussed above, I Federal Aviation Regulations (14 CFR part 39) as follows: (d) What actions must I accomplish to certify that this proposed action (1) is address this problem? To address this not a ‘‘significant regulatory action’’ PART 39—AIRWORTHINESS problem, you must establish a technical under Executive Order 12866; (2) is not DIRECTIVES service life and restrict Acrobatic and Utility a ‘‘significant rule’’ under DOT category operations. This must be done by Regulatory Policies and Procedures (44 1. The authority citation for part 39 accomplishing the following, as applicable: FR 11034, February 26, 1979); and (3) if continues to read as follows:

Actions Compliance Procedures

(1) If you have an airplane with a serial number AFM incorporation: Upon the accumulation of AFM incorporation: The owner/operator hold- in the range of 0001 through 0656 that does 190 hours time-in-service (TIS) in the Acro- ing at least a private pilot certificate as au- not have strengthened wings installed (both batic category and/or Utility category or thorized by section 43.7 of the Federal left and right wings) in accordance with within the next 10 hours TIS in all oper- Aviation Regulations (14 CFR 43.7) may Moravan Mandatory Service Bulletin Z 242L/ ations after the effective date of this AD, accomplish this AFM insertion of this AD. 27a—Rev. 1, dated October 31, 2000, ac- whichever occurs later; and Make an entry into the aircraft records complish the following: Replacement: Upon the accumulation of 3,500 showing compliance with these portions of (i) Insert the following information into the Limi- hours TIS in all operations or within the the AD in accordance with section 43.9 of tations Section of the Airplane Flight Manual next 50 hours TIS in all operations after the the Federal Aviation Regulations (14 CFR (AFM): ‘‘Do not operate in the Acrobatic or effective date of this AD, whichever occurs 43.9). This operational restriction is ref- Utility category. Operate in the Normal cat- later. erenced in Moravan Mandatory Service Bul- egory only.’’ letin Z 242L/37a (Z 142C/17a), Rev. 1, (ii) Replace both wings with the following part dated October 31, 2000. numbers: Replacement: In accordance with Moravan (A) L 242.2100 left-hand wing; and Mandatory Service Bulletin Z 242L/27a— (B) L 242.2200 right-hand wing. Rev. 1, dated October 31, 2000.

(2) If you have an airplane with a serial number AFM incorporation: Upon the accumulation of AFM incorporation: The owner/operator hold- of 0657 or higher or one in the range of 0001 450 hours TIS in the Acrobatic category ing at least a private pilot certificate as au- through 0656 that has strengthened wings and/or Utility category or within the next 10 thorized by section 43.7 of the Federal (both left and right) installed in accordance hours TIS in all operations after the effec- Aviation Regulations (14 CFR 43.7) may with Moravan Mandatory Service Bulletin Z tive date of this AD, whichever occurs later; accomplish this AFM insertion of this AD. 242L/27a—Rev. 1, dated October 31, 2000, and Make an entry into the aircraft records accomplish the following: Replacement: Upon the accumulation of 5,500 showing compliance with these portions of (i) Insert the following information into the Limi- hours TIS in all operations or within the the AD in accordance with section 43.9 of tations Section of the Airplane Flight Manual next 50 hours TIS in all operations after the the Federal Aviation Regulations (14 CFR (AFM): ‘‘Do not operate the Acrobatic or Util- effective date of this AD, whichever occurs 43.9). This operational restriction is ref- ity category. Operate in the Normal category later. You must maintain the AFM require- erenced in Moravan Mandatory Service Bul- only.’’ ment until replacement of the wings. letin Z 242L/38a (Z 142C/18a), Rev. 1, (ii) Replace both wings with the following part dated October 31, 2000. numbers: Replacement: In accordance with Moravan (A) L 242.2100 left-hand wing; and Mandatory Service Bulletin Z 242L/27a— (B) L 242.2200 right-hand wing. Rev. 1, dated October 31, 2000.

(3) Only install a wing with a part number of L As of the effective date of this AD. Not Applicable. 242.2100 left-hand wing or L 242.2200 right- hand wing.

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Actions Compliance Procedures

(4) When you install new wings (both left and AFM incorporation: Upon the accumulation of See paragraph (d)(2) of this AD. right) on your airplane, the AFM and replace- 450 hours TIS in the Acrobatic category ment requirements of paragraph (d)(2) of this and/or Utility category; and AD apply. Replacement: Upon the accumulation of 5,500 hours TIS in all operations.

(e) Can I comply with this AD in any other DEPARTMENT OF HEALTH AND that final rule, sodium sulfide 1 percent way? You may use an alternative method of HUMAN SERVICES was considered effective but not safe for compliance or adjust the compliance time if: the temporary relief of pain associated (1) Your alternative method of compliance Food and Drug Administration with ingrown toenails because of its provides an equivalent level of safety; and potential for causing adverse reactions, (2) The Manager, Small Airplane 21 CFR Parts 310 and 358 particularly burning sensations and skin Directorate, approves your alternative. [Docket No. 02N–0359] irritation. Submit your request through an FAA A manufacturer subsequently Principal Maintenance Inspector, who may RIN 0910–AA01 conducted an additional safety study add comments and then send it to the and requested the agency to find sodium Manager, Small Airplane Directorate. Ingrown Toenail Relief Drug Products sulfide 1 percent in a gel vehicle safe Note 1: This AD applies to each airplane for Over-the-Counter Human Use and effective for this OTC use (Ref. 1). identified in paragraph (a) of this AD, The study involved four treatment regardless of whether it has been modified, AGENCY: Food and Drug Administration, HHS. groups who applied sodium sulfide altered, or repaired in the area subject to the nonahydrate gel: (1) One percent twice ACTION: Proposed rule. requirements of this AD. For airplanes that daily using a retainer ring system, (2) 2 have been modified, altered, or repaired so percent twice daily using a retainer ring that the performance of the requirements of SUMMARY: The Food and Drug this AD is affected, the owner/operator must Administration (FDA) is issuing a system, (3) 2 percent once daily using a request approval for an alternative method of proposed rule to establish conditions retainer ring system, and (4) 2 percent compliance in accordance with paragraph (e) under which over-the-counter (OTC) twice daily using an absorptive bandage of this AD. The request should include an ingrown toenail relief drug products system. The gel was applied for 7 days assessment of the effect of the modification, containing sodium sulfide 1 percent in or until the nail became sufficiently alteration, or repair on the unsafe condition a gel vehicle are generally recognized as softened to allow for trimming, addressed by this AD; and, if you have not safe and effective and not misbranded. whichever occurred first. Of 64 ingrown eliminated the unsafe condition, specific This rule also proposes to amend the toenail sufferers enrolled, 61 completed actions you propose to address it. regulation that lists nonmonograph all aspects of the study. No adverse (f) Where can I get information about any active ingredients in OTC drug products reactions were reported during the already-approved alternative methods of for ingrown toenail relief by removing study, and no subjects reported any compliance? Contact Doug Rudolph, sodium sulfide from that list. This irritation. Four subjects noted some Aerospace Engineer, FAA, Small Airplane proposal is part of FDA’s ongoing stinging and burning on day 1 and Directorate, 901 Locust, Room 301, Kansas review of OTC drug products. moderate discomfort on days 3 and 4, City, Missouri 64106; telephone: (816) 329– but the subjects did not discontinue DATES: Submit written or electronic 4059; facsimile: (816) 329–4090. treatment. The manufacturer stated that comments by December 3, 2002. Please (g) What if I need to fly the airplane to of the two systems tested the retainer see section IX of this document for the another location to comply with this AD? The ring is the preferred one because it effective date of any final rule that may FAA can issue a special flight permit under provides ease of use and cushioning publish based on this proposal. sections 21.197 and 21.199 of the Federal while further enhancing safety through Aviation Regulations (14 CFR 21.197 and ADDRESSES: Submit written comments the use of a medical grade adhesive. The 21.199) to operate your airplane to a location to the Dockets Management Branch design of the system allows for easy where you can accomplish the requirements (HFA–305), Food and Drug administration of sodium sulfide to the of this AD. Administration, 5630 Fishers Lane, rm. affected area by the consumer while (h) How do I get copies of the documents 1061, Rockville, MD 20852. Submit referenced in this AD? You may get copies of retaining the drug in contact with the electronic comments to http:// toe. The manufacturer requested the documents referenced in this AD from www.fda.gov/dockets/ecomments. Moravan, Inc., 765 81 Otrokovice, Czech approval of its revised instructions Republic; telephone: +420 67 767 3940; FOR FURTHER INFORMATION CONTACT: using the retainer ring system. facsimile: +420 67 792 2103. You may view Nahid Mokhtari, Center for Drug The agency found this study these documents at FAA, Central Region, Evaluation and Research (HFD–560), inadequate for a number of reasons. Office of the Regional Counsel, 901 Locust, Food and Drug Administration, 5600 First, it was not designed as a safety Room 506, Kansas City, Missouri 64106. Fishers Lane, Rockville, MD 20857, study. There was no vehicle control, Note 2: The subject of this AD is addressed 301–827–2222. and safety cannot be determined in Czech Republic AD Number CAA–AD–T– SUPPLEMENTARY INFORMATION: without a vehicle control. The trial size 099/2000R1, dated June 28, 2001. was too small. The daily supervision by I. Background a podiatrist was not reflective of OTC Issued in Kansas City, Missouri, on September 26, 2002. In the Federal Register of September use. Safety has to be assessed in context 9, 1993 (58 FR 47602), FDA published with the indications; the ‘‘days to James E. Jackson, a final rule establishing that any trimming’’ in the study were outside of Acting Manager, Small Airplane Directorate, ingrown toenail relief drug product for the prior proposed monograph Aircraft Certification Service. OTC human use is not generally description of product uses. The agency [FR Doc. 02–25208 Filed 10–3–02; 8:45 am] recognized as safe and effective and is concluded that the study was not BILLING CODE 4910–13–P misbranded. (See 21 CFR 310.538.) In adequate to resolve the outstanding

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safety concerns for using sodium sulfide pain and burning using sodium sulfide which the agency found inadequate to for ingrown toenail relief (Ref. 2). The 1 percent gel was comparable to or less support safety (Ref. 2). The key data that manufacturer subsequently conducted than that observed in the two control adequately support safety involved use additional safety studies and submitted groups, except that burning from use of with the retainer ring system (Ref. 3). new data to the agency (Ref. 3). the sodium sulfide gel was greater than Therefore, the agency is including a for the retainer ring alone, but less than warning that states: ‘‘When using this II. The Agency’s Evaluation of the New for the control gel vehicle. No serious product [bullet] use with a retainer Data adverse events were recorded. ring’’. The new data were in a study entitled At baseline, the proportion of subjects The manufacturer requested that it be ‘‘An Investigator-Blind, Vehicle- with mild or moderate erythema (skin allowed to begin marketing 1 percent Controlled and Retainer Ring/Taping- redness) was generally comparable sodium sulfide gel upon publication of controlled, Parallel Study of the Safety among treatment groups. Over the this proposed rule. Current § 310.538 of a 1 percent Sodium Sulfide course of the study, erythema decreased prohibits marketing of ingrown toenail Nonahydrate Gel Used Topically for the in all three groups, suggesting that relief drug products containing sodium Temporary Relief of Discomfort (Pain) sodium sulfide 1 percent gel is not an sulfide. The agency today is proposing from Ingrown Toenails.’’ The data irritant. A similar pattern was observed to allow the marketing of such products, resulted from a randomized, two-center, for mild or moderate edema (swelling), but until the agency’s final conclusions three-arm, evaluator-blind safety study although the decreases at day 4 were on the status of these products are involving 157 subjects over 18 years of less dramatic. At day 8, the change from presented in a final rule and § 310.538 age with painful ingrown toenail. baseline was most pronounced in the is amended in a future issue of the Eligible subjects were randomized into gel vehicle group. Percentage changes in Federal Register, any such product treatment arms that used sodium sulfide the sodium sulfide and retainer ring initially introduced or initially 1 percent gel with a taped retainer ring, groups appeared comparable. No subject delivered for introduction into interstate gel vehicle with a taped retainer ring, in any of the treatment groups had commerce is subject to regulatory and the taped retainer ring alone in a maceration (skin degeneration). The action. 3:1:1 ratio. agency’s detailed comments on the data IV. Analysis of Impacts The gel vehicle was an aqueous, are on file in the Dockets Management semisolid system with large organic Branch (see ADDRESSES) (Ref. 5). FDA has examined the impacts of this molecules interpenetrated with a liquid proposed rule under Executive Order (Ref. 4). The retainer ring was die cut III. The Agency’s Tentative Conclusions 12866, the Regulatory Flexibility Act (5 from polyethylene foam coated on one The agency tentatively concludes that U.S.C. 601–612), and the Unfunded side with a medical grade acrylic the new safety data and the agency’s Mandates Reform Act of 1995 (2 U.S.C. pressure-sensitive adhesive and had previous determination of effectiveness 1501 et seq.). Executive Order 12866 slots, center-cut completely through the (58 FR 47602 at 47604) support OTC directs agencies to assess all costs and foam with the cut of sufficient size to drug monograph status for 1 percent benefits of available regulatory allow for application of the product to sodium sulfide in a gel vehicle applied alternatives and, when regulation is the ingrown toenail (Ref. 4). All subjects topically for the relief of discomfort necessary, to select regulatory were to apply the test product twice (pain) of ingrown toenail. The product approaches that maximize net benefits daily for 7 days after cleansing and is used with a retainer ring to keep the (including potential economic, adequately drying the foot. Each subject product at the area of application. The environmental, public health and safety, had a daily diary in which to record agency, since 1989, has believed that and other advantages; distributive product applications and any monograph ingredients need to be impacts; and equity). Under the discomfort resulting from the test recognized in an official United States Regulatory Flexibility Act, if a rule has product. At each study visit (days 1, 4, Pharmacopeia-National Formulary a significant economic impact on a and 8), the investigator also asked the (USP-NF) drug monograph. (See 54 FR substantial number of small entities, an subject, ‘‘How are you feeling?’’, 13480 at 13486, April 3, 1989, and 54 agency must analyze regulatory options recorded any subject-reported adverse FR 40808 at 40810, October 3, 1989.) that would minimize any significant events, and reviewed the daily diary for The agency recently included such a impact of the rule on small entities. compliance and concomitant requirement in § 330.14(i) (21 CFR Section 202(a) of the Unfunded medications. The investigator also 330.14(i)). (See 67 FR 3060 at 3076, Mandates Reform Act requires that evaluated and recorded the condition of January 23, 2002.) A USP-NF agencies prepare a written statement of the skin surrounding the target ingrown monograph currently exists for sodium anticipated costs and benefits before toenail for erythema, edema, and sulfide gel (Ref. 6). Accordingly, the proposing any rule that may result in an maceration using the following scale: 0 agency is proposing a new monograph expenditure in any one year by state, = none, 1 = mild, 2 = moderate, and 3 in part 358, subpart D (21 CFR part 358, local, and tribal governments, in the = severe. subpart D) for ingrown toenail relief aggregate, or by the private sector, of The majority of the subjects in both drug products that includes 1 percent $100 million (adjusted annually for the sodium sulfide 1 percent gel and sodium sulfide gel. The agency is also inflation). vehicle groups (65 percent and 55 amending § 310.538 to state that it no The agency believes that this percent, respectively) experienced no longer applies to sodium sulfide. proposed rule is consistent with the discomfort. Most discomfort occurred in The manufacturer stated its intent to principles set out in the Executive order the first 3 days of treatment. During this market only the retainer ring/bandage and in these two statutes. FDA has period, the frequency of discomfort strip system at this time, but noted that determined that the proposed rule is not appeared somewhat higher in the its safety and effectiveness data also a significant regulatory action as defined control gel treatment group than in the support use of a bandage system by the Executive order and so is not sodium sulfide 1 percent gel group. Pain (without a retainer ring) (Ref. 4). The subject to review under the Executive and burning were the most commonly only safety data for use with a bandage order. As explained later in this section, reported diary entries in all groups. The system were included in the FDA believes that the proposed rule will data suggested that the incidence of manufacturer’s first submission (Ref. 1), not have a significant economic impact

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on a substantial number of small Register for comments to be developed proposal become effective 30 days after entities. The Unfunded Mandates and submitted. The agency will evaluate its date of publication in the Federal Reform Act does not require FDA to any comments and supporting data that Register. prepare a statement of costs and benefits are received and will reassess the X. References for this proposed rule, because the economic impact of this rulemaking in proposed rule is not expected to result the preamble to the final rule. The following references are on in any 1–year expenditure that would display in the Dockets Management exceed $100 million adjusted for V. Paperwork Reduction Act of 1995 Branch (see ADDRESSES) under Docket inflation. The current inflation adjusted FDA tentatively concludes that the No. 80N–0348 and may be seen by statutory threshold is about $110 labeling requirements in this document interested persons between 9 a.m. and 4 million. are not subject to review by the Office p.m., Monday through Friday. The purpose of this proposed rule is of Management and Budget because 1. Comment No. CP1. to establish a monograph for ingrown they do not constitute a ‘‘collection of 2. Comment No. PDN1. toenail relief drug products for OTC information’’ under the Paperwork 3. Comment No. CP2. human use and include sodium sulfide 4. Letter from A. Mart, Schering-Plough Reduction Act of 1995 (44 U.S.C. 3501 HealthCare Products, to W. Ellenberg, FDA, 1 percent in a gel vehicle in the et seq.). Rather, the labeling statements dated December 21, 2000. monograph. This proposal, when are a ‘‘public disclosure of information 5. Comment No. LET3. finalized, will provide for OTC originally supplied by the Federal 6. The United States Pharmacopeia 24--The availability of this type of product. government to the recipient for the National Formulary 19, The United States Manufacturers who wish to market purpose of disclosure to the public ’’(5 Pharmacopeial Convention, Inc., Rockville, this type of product will have the CFR 1320.3(c)(2)). MD, Supplement 2, p. 2858, July 1, 2000. standard costs associated with the List of Subjects introduction of any new product. These VI. Environmental Impact include preparation of labeling, stability The agency has determined under 21 21 CFR Part 310 testing, and implementing CFR 25.31(a) that this action is of a type Administrative practice and manufacturing procedures. Any cost that does not individually or procedure, Drugs, Labeling, Medical incurred will be voluntary if cumulatively have a significant effect on devices, Reporting and recordkeeping manufacturers elect to market this type the human environment. Therefore, requirements. of product. This cost may vary from neither an environmental assessment manufacturer to manufacturer; however, nor an environmental impact statement 21 CFR Part 358 the burden on small manufacturers is is required. Labeling, Over-the-counter drugs. not greater than that for large VII. Federalism Therefore, under the Federal Food, manufacturers. Manufacturers will not Drug, and Cosmetic Act and under incur any costs related to proving safety FDA has analyzed this proposed rule authority delegated to the Commissioner and effectiveness of the active in accordance with the principles set of Food and Drugs, it is proposed that ingredient for this intended use. forth in Executive Order 13132. FDA 21 CFR parts 310 and 358 are amended Under the Regulatory Flexibility Act, has determined that the proposed rule as follows: if a rule has a significant impact on a does not contain policies that have substantial number of small entities, an substantial direct effects on the States, PART 310—NEW DRUGS agency must analyze regulatory options on the relationship between the that would minimize any significant National Government and the States, or 1. The authority citation for 21 CFR impact of a rule on small entities. This on the distribution of power and part 310 continues to read as follows: proposed rule would allow responsibilities among the various Authority: 21 U.S.C. 321, 331, 351, 352, manufacturers to market OTC ingrown levels of government. Accordingly, the 353, 355, 360b–360f, 360j, 361(a), 371, 374, toenail relief drug products containing agency tentatively concludes that the 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, sodium sulfide 1 percent in a gel vehicle proposed rule does not contain policies 263b–263n. without having to obtain an approved that have federalism implications as 2. Section 310.538 is amended by new drug application, as is currently defined in the Executive order and, removing the ingredient sodium sulfide required, and would be beneficial to consequently, a federalism summary in paragraph (a) and adding new small entities. Thus, this proposed rule impact statement has not been prepared. paragraph (e) to read as follows: will not impose a significant economic VIII. Request for Comments § 310.538 Drug products containing active burden on affected entities. Therefore, ingredients offered over-the-counter (OTC) under the Regulatory Flexibility Act, the Three copies of all written comments for use for ingrown toenail relief. agency certifies that the proposed rule are to be submitted. Individuals * * * * * will not have a significant economic submitting written comments or anyone (e) This section does not apply to impact on a substantial number of small submitting electronic comments may sodium sulfide labeled, represented, or entities. No further analysis is required. submit one copy. Comments are to be promoted for OTC topical use for The agency invites public comment identified with the docket number ingrown toenail relief in accordance regarding any substantial or significant found in brackets in the heading of this with part 358, subpart D of this chapter economic impact that this rulemaking document and may be accompanied by after [effective date of final rule]. would have on manufacturers who wish a supporting memorandum or brief. to market OTC ingrown toenail relief Received comments may be seen in the PART 358—MISCELLANEOUS drug products. Comments regarding the Dockets Management Branch between 9 EXTERNAL DRUG PRODUCTS FOR impact of this rulemaking on such a.m. and 4 p.m., Monday through OVER-THE-COUNTER HUMAN USE manufacturers should be accompanied Friday. by appropriate documentation. The 3. The authority citation for 21 CFR agency is providing a period of 60 days IX. Proposed Effective Date part 358 continues to read as follows: from the date of publication of this The agency is proposing that any final Authority: 21 U.S.C. 321, 351, 352, 353, proposed rulemaking in the Federal rule that may issue based on this 355, 360, 371.

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4. Part 358 is amended by adding new relief of’’ [select one or both of the ENVIRONMENTAL PROTECTION subpart D, consisting of §§358.301 to following: ‘pain’ or ‘discomfort’] ‘‘from AGENCY 358.350, to read as follows: ingrown toenails’’. Other truthful and nonmisleading statements, describing 40 CFR Part 52 Subpart D—Ingrown Toenail Relief only the use that has been established [MA–083–7213b; A–1–FRL–7375–1] Drug Products and listed in this paragraph (b), may Sec. also be used, as provided in § 330.1(c)(2) Approval and Promulgation of Air 358.301 Scope. of this chapter, subject to the provisions Quality Implementation Plans; 358.303 Definitions. of section 502 of the Federal Food, Drug, Massachusetts; Volatile Organic 358.310 Ingrown toenail relief active and Cosmetic Act (the act) relating to Compound Reasonably Available ingredient. misbranding and the prohibition in Control Technology (RACT) Plans and 358.350 Labeling of ingrown toenail relief section 301(d) of the act against the Regulation drug products. introduction or delivery for introduction into interstate commerce of unapproved AGENCY: Environmental Protection Subpart D—Ingrown Toenail Relief new drugs in violation of section 505(a) Agency (EPA). Drug Products of the act. ACTION: Proposed rule. § 358.301 Scope. (c) Warnings. The labeling of the SUMMARY: EPA is proposing to approve (a) An over-the-counter ingrown product contains the following warnings several State Implementation Plan (SIP) toenail relief drug product in a form under the heading ‘‘Warnings’’: revisions submitted by the suitable for topical administration is (1) ‘‘For external use only’’ in accord Commonwealth of Massachusetts. These generally recognized as safe and with § 201.66(c)(5)(i) of this chapter. revisions establish reasonably available effective and is not misbranded if it (2) ‘‘Do not use [bullet]1 on open control technology (RACT) requirements meets each condition in this subpart sores’’. for major volatile organic compound and each general condition established (3) ‘‘Ask a doctor before use if you (VOC) sources. The intended effect of in § 330.1 of this chapter. have [bullet] diabetes [bullet] poor this action is to approve these (b) References in this subpart to circulation [bullet] gout’’. requirements into the Massachusetts regulatory sections of the Code of (4) ‘‘When using this product [bullet] SIP. EPA is taking this action in Federal Regulations are to chapter I of use with a retainer ring’’. accordance with the Clean Air Act title 21 unless otherwise noted. (5) ‘‘Stop use and ask a doctor if (CAA). § 358.303 Definitions. [bullet] redness or swelling of your toe DATES: Written comments must be As used in this subpart: increases [bullet] discharge is present received on or before November 4, 2002. (a) Ingrown toenail relief drug around the nail [bullet] symptoms last ADDRESSES: Comments may be mailed to product. A drug product applied to an more than 7 days or clear up and occur David Conroy, Unit Manager, Air ingrown toenail that relieves pain or again within a few days’’. Quality Planning, Office of Ecosystem discomfort either by softening the nail (d) Directions.The labeling of the Protection (mail code CAQ), U.S. or by hardening the nail bed. product contains the following Environmental Protection Agency, EPA (b) Retainer ring. A die cut statements under the heading New England Regional Office, One polyethylene foam pad coated on one ‘‘Directions’’: Congress Street, Suite 1100, Boston, MA side with medical grade acrylic (1) ‘‘[Bullet] adults and children 12 02114–2023. Copies of Massachusetts’ pressure-sensitive adhesive. The years and over:’’ submittal and EPA’s technical support retainer ring has slots, center-cut (i) ‘‘[Bullet] wash the affected area document are available for public completely through the foam with the and dry thoroughly [bullet] place inspection during normal business cut of sufficient size to allow for retainer ring on toe with slot over the hours, by appointment at the Office of localization of an active ingredient in a area where the ingrown nail and the Ecosystem Protection, U.S. gel vehicle to a specific target area. The skin meet. Smooth ring down firmly. Environmental Protection Agency, EPA retainer ring is used with adhesive [bullet] apply enough gel product to fill New England Regional Office, One bandage strips to place over the retainer the slot in the ring [bullet] place round Congress Street, 11th floor, Boston, MA ring to hold it in place. center section of bandage strip directly and Division of Air Quality Control, over the gel-filled ring to seal the gel in Department of Environmental § 358.310 Ingrown toenail relief active Protection, One Winter Street, 8th Floor, ingredient. place. Smooth ends of bandage strip Boston, MA 02108. The active ingredient of the product is around toes.’’ FOR FURTHER INFORMATION CONTACT: sodium sulfide 1 percent in a gel (ii) ‘‘[Bullet] repeat twice daily Anne Arnold, (617) 918–1047. vehicle. The gel vehicle is an aqueous, (morning and night) for up to 7 days semisolid system with large organic until discomfort is relieved or until the SUPPLEMENTARY INFORMATION: In the molecules interpenetrated with a liquid. nail can be lifted out of the nail groove Final Rules Section of this Federal and easily trimmed’’. Register, EPA is approving § 358.350 Labeling of ingrown toenail relief (2) ‘‘[Bullet] children under 12 years: Massachusetts’ SIP submittal as a direct drug products. ask a doctor’’. final rule without prior proposal (a) Statement of identity. The labeling because the Agency views this as a of the product contains the established Dated: September 25, 2002. noncontroversial submittal and name of the product, if any, and Margaret M. Dotzel, anticipates no adverse comments. A identifies the product as an ‘‘ingrown Associate Commissioner for Policy. detailed rationale for the approval is set toenail relief product’’ or as an [FR Doc. 02–25251 Filed 10–3–02; 8:45 am] forth in the direct final rule. If EPA ‘‘ingrown toenail discomfort reliever.’’ BILLING CODE 4160–01–S receives no relevant adverse comments (b) Indications. The labeling of the in response to this rule, we contemplate product states, under the heading 1See § 201.66(b)(4) of this chapter for definition no further activity. If EPA receives ‘‘Use,’’ the following: ‘‘for temporary of bullet. relevant adverse comments, we will

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withdraw the direct final rule and will Agency will withdraw the direct final ACTION: Notification of a proposal for address all public comments in a rule, and will address all public EFPs to conduct experimental fishing; subsequent final rule based on this comments received in a subsequent request for comments. proposed rule. EPA will not institute a final rule based on this proposed rule. second comment period. Any parties EPA will not institute a second SUMMARY: The Administrator, Northeast interested in commenting on this action comment period. Any parties interested Region, NMFS (Regional Administrator) should do so at this time. Please note in commenting on this action should do has made a preliminary determination that if EPA receives adverse comment so at this time. Please note that if EPA that the subject EFP application on an amendment, paragraph, or section receives adverse comment on an contains all the required information of this rule and if that provision may be amendment, paragraph, or section of and warrants further consideration. The severed from the remainder of the rule, this rule and if that provision may be Regional Administrator has also made a EPA may adopt as final those provisions severed from the remainder of the rule, preliminary determination that the of the rule that are not the subject of an EPA may adopt as final those provisions activities authorized under the EFP adverse comment. of the rule that are not the subject of an would be consistent with the goals and For additional information, see the adverse comment. objectives of the Northeast (NE) Multispecies Fishery Management Plan direct final rule which is located in the DATES: Written comments must be Rules Section of this Federal Register. (FMP). However, further review and received on or before November 4, 2002. consultation may be necessary before a Dated: September 3, 2002. ADDRESSES: Comments may be mailed to final determination is made to issue the Robert W. Varney, Steven Rapp, Manager, Air Permits EFP. Therefore, NMFS announces that Regional Administrator, EPA New England. Program Unit (mail code CAP), U.S. the Regional Administrator proposes to [FR Doc. 02–25159 Filed 10–3–02; 8:45 am] Environmental Protection Agency, EPA- issue an EFP that would allow one BILLING CODE 6560–50–P New England, One Congress Street, vessel to conduct fishing operations that Suite 1100, Boston, MA 02114–2023. are otherwise restricted by the Copies of the Massachusetts submittal regulations governing the fisheries of ENVIRONMENTAL PROTECTION and EPA’s technical support document the Northeastern United States. The AGENCY are available for public inspection experiment proposes to conduct a study during normal business hours, by of an experimental bycatch reduction 40 CFR Parts 52 and 81 appointment at the Office of Ecosystem device in order to develop otter trawl [MA–075–7209b; A–1–FRL–7374–8] Protection, U.S. Environmental gear for the NE multispecies fishery that Protection Agency, EPA-New England, would result in reduced catch of Approval and Promulgation of Air One Congress Street, 11th floor, Boston, Atlantic cod. The EFP would allow Quality Implementation Plans; MA and the Division of Air Quality these exemptions for one commercial Massachusetts; Approval of PM10 Control, Department of Environmental vessel, for not more than 5 days of sea State Implementation Plan (SIP) Protection, One Winter Street, 8th Floor, trials. All experimental work would be Revisions and Designation of Areas for Boston, MA 02108. monitored by Manomet Center for Air Quality Planning Purposes FOR FURTHER INFORMATION CONTACT: Ian Conservation Sciences personnel. D. Cohen, (617) 918–1655. Regulations under the Magnuson- AGENCY: Environmental Protection Stevens Fishery Conservation and SUPPLEMENTARY INFORMATION: For Agency (EPA). Management Act require publication of additional information, see the direct ACTION: Proposed rule. this notification to provide interested final rule which is located in the Rules parties the opportunity to comment on SUMMARY: Section of this Federal Register. The EPA is proposing to applications for proposed EFPs. approve a State Implementation Plan Dated: August 29, 2002. DATES: (SIP) revision submitted by the Comments on this document Robert W. Varney, must be received on or before October Commonwealth of Massachusetts. This Regional Administrator. revision replaces the standard for Total 21, 2002. [FR Doc. 02–25155 Filed 10–3–02; 8:45 am] Suspended Particulates (TSP) with a ADDRESSES: Written comments should standard for particulate matter with a BILLING CODE 6560–50–P be sent to Patricia A. Kurkul, Regional mean aerodynamic diameter of 10 Administrator, NMFS, Northeast microns or less (PM10) as the National Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside Ambient Air Quality Standard (NAAQS) DEPARTMENT OF COMMERCE for particulates. EPA also proposes to of the envelope ‘‘Comments on Manomet EFP Proposal for Rigid Mesh redesignate several areas of National Oceanic and Atmospheric Bycatch Reduction Device.’’ Comments Massachusetts from ‘‘nonattainment’’ Administration for TSP to ‘‘cannot be classified.’’ In the may also be sent via facsimile (fax) to 978–281–9135. Final Rules Section of this Federal 50 CFR Part 600 Register, EPA is approving FOR FURTHER INFORMATION CONTACT: Tom Massachusetts’s SIP submittal as a Warren, Fishery Policy Analyst, 978– [ I.D. 092602H] direct final rule without prior proposal 281–9347. because the Agency views this as a Magnuson-Stevens Act Provisions; SUPPLEMENTARY INFORMATION: An noncontroversial submittal and General Provisions for Domestic application for an EFP was submitted by anticipates no adverse comments. A Fisheries; Application for Exempted Manomet Center for Conservation detailed rationale for the approval is set Fishing Permits (EFPs) Sciences on August 19, 2002. forth in the direct final rule. If EPA The EFP would allow for exemptions receives no adverse comments in AGENCY: Department of Commerce, from the Gulf of Maine (GOM) response to this action, the Agency National Oceanic and Atmospheric Regulated Mesh Area gear requirements contemplates no further activity. If EPA Administration (NOAA), National at 50 CFR 648.80(a)(3)(i) and the days- receives relevant adverse comments, the Marine Fisheries Service (NMFS). at-sea (DAS) requirements at § 648.82(a).

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The EFP would exempt one federally would be returned to the sea as quickly would be recorded using a video camera permitted commercial fishing vessel as possible after measurement. The in order to verify proper net functioning from the following two requirements of incidental catch is expected to be and to record fish behavioral reactions. the FMP: The requirement to use a comprised of skates, dogfish, sculpin Fish retained would be counted, minimum mesh size of 6.0–inch (15.2– and sea robin. The incidental catch of weighed and measured, and all legal cm) diamond mesh or 6.5–inch (16.5– these species is expected to be minimal catch sold. The vessel will be exempted cm) square mesh in the body and and efforts will be made to return all from 5 DAS in order to provide extension of a trawl net while fishing in incidentally caught species to the sea as compensation for a portion of the cost the GOM Regulated Mesh Area; and the quickly as possible. of the research. requirement to use a DAS while The applicant requested that the If the research results from the targeting groundfish. research be conducted in the GOM in experiment are promising, the applicant The goal of this study is to assess the the area north of 42° 30′ N. lat. and west intends to conduct future research to utility of this bycatch reduction device of 69° 00′ W. long. However, due to the fine-tune the use of the net and conduct for the groundfish fishery when fishing severely overfished condition of the fleetwide trials with the hope of in the GOM. The specific trawl design Cape Cod stock of yellowtail flounder, integrating a bycatch reduction device to be tested is a rigid mesh panel NMFS will confine the research to the requirement into the FMP. inserted between the extension and area north of the stock boundary 42° 50′ Based on the results of this EFP, this codend of a trawl net and extending N. lat. The vessel would conduct a total action may lead to future rulemaking. around the entire circumference of the of approximately 25 tows of 20 to 30 Authority: 16 U.S.C. 1801 et seq. net. The panel would be 2 m in length, minutes duration over 5 sea days. The with elongate meshes 2.4–inches (60– experimental design would be an Dated: September 30, 2002. mm) by 7.9–inches (200–mm). The alternate tow design (experimental net Virginia M. Fay, vessel would target mixed groundfish and conventional net in alternate tows, Acting Director, Office of Substainable (yellowtail flounder, winter flounder, following an A-B-B-A pattern). Both Fisheries, National Marine Fisheries Service. American plaice, Atlantic cod, and codends would be constructed of 6.5’’ [FR Doc. 02–25335 Filed 10–3–02; 8:45 am] summer flounder). All undersized fish (165 mm) diamond mesh. The tows BILLING CODE 3510–22–S

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Notices Federal Register Vol. 67, No. 193

Friday, October 4, 2002

This section of the FEDERAL REGISTER recordkeeping or other compliance NPA: The Easter Seal Society of Western contains documents other than rules or requirements for small entities other Pennsylvania, Pittsburgh, Pennsylvania. proposed rules that are applicable to the than the small organizations that will Contract Activity: Office of Personnel public. Notices of hearings and investigations, furnish the products and services to the Management, Washington, DC. committee meetings, agency decisions and Government. Service Type/Location: Grounds and rulings, delegations of authority, filing of 2. If approved, the action will result Landscape Maintenance Services, San petitions and applications and agency Jacinto Disposal Area, Fort Point statements of organization and functions are in authorizing small entities to furnish Reservation Area, Galveston, Texas. examples of documents appearing in this the products and services to the NPA: Training, Rehabilitation & section. Government. Development Institute, Inc., San 3. There are no known regulatory Antonio, Texas. alternatives which would accomplish Contract Activity: U.S. Army Engineer COMMITTEE FOR PURCHASE FROM the objectives of the Javits-Wagner- District, Galveston, Texas. PEOPLE WHO ARE BLIND OR O’Day Act (41 U.S.C. 46–48c) in Service Type/Location: Lawn Service, Naval SEVERELY DISABLED connection with the products and Reserve Center, Cleveland, Ohio. services proposed for addition to the NPA: Goodwill Industries of Greater Procurement List Proposed Additions Procurement List. Comments on this Cleveland, Inc., Cleveland, Ohio. and Deletions certification are invited. Commenters Contract Activity: Officer in Charge of Contracts, NAVFAC, Crane, Indiana. AGENCY: Committee for Purchase From should identify the statement(s) People Who Are Blind or Severely underlying the certification on which Deletions Disabled. they are providing additional I certify that the following action will not information. have a significant impact on a substantial ACTION: Proposed additions to and The following products and services number of small entities. The major factors deletions from Procurement List. are proposed for addition to considered for this certification were: SUMMARY: The Committee is proposing Procurement List for production by the 1. If approved, the action will not result in to add to the Procurement List products nonprofit agencies listed: any additional reporting, recordkeeping or other compliance requirements for small and services to be furnished by Products entities other than the small organizations nonprofit agencies employing persons that will furnish the products to the who are blind or have other severe Product/NSN: 4 Ply Cut End Mopheads, Government. disabilities, and to delete products 7920–00–NIB–0430, 7920–00–NIB–0431, 2. If approved, the action will result in previously furnished by such agencies. 7920–00–NIB–0432, 7920–00–NIB–0434, authorizing small entities to furnish the 7920–00–NIB–0435. Comments Must Be Received on or products to the Government. NPA: New York City Industries for the 3. There are no known regulatory Before: November 3, 2002. Blind, Brooklyn, New York. alternatives which would accomplish the ADDRESSES: Committee for Purchase Contract Activity: Office Supplies & Paper objectives of the Javits-Wagner-O’Day Act (41 From People Who Are Blind or Severely Products Acquisition Center, New York, U.S.C. 46–48c) in connection with the Disabled, Jefferson Plaza 2, Suite 10800, New York. products proposed for deletion from the Product/NSN: Plate, Paper, 7350–00–263– 1421 Jefferson Davis Highway, Procurement List. 6700, 7350–01–263–6701. Arlington, Virginia 22202–3259. The following products are proposed for NPA: The Lighthouse for the Blind in New FOR FURTHER INFORMATION CONTACT: deletion from the Procurement List: Orleans, New Orleans, Louisiana. Sheryl D. Kennerly, (703) 603–7740. Contract Activity: GSA, General Products Products SUPPLEMENTARY INFORMATION: This Center, Fort Worth, Texas. notice is published pursuant to 41 U.S.C Product/NSN: U.S. Geological Survey Visual Product/NSN: Sheath, Pen and Pencil, 7510– 47(a)(2) and 41 CFR 51–2.3. Its purpose Identity Clothing, Item No. 001, Baseball 00–052–2664. is to provide interested persons an Cap, Delta Dark Green, w/USGS NPA: York County Blind Center, York, opportunity to submit comments on the Identifier, Item No. 002, T-Shirt, Ash, w/ Pennsylvania. possible impact of the proposed actions. USGS Identifier, Item No. 003, T-Shirt, Contract Activity: Office Supplies & Paper Orange, w/USGS Identifier, Item No. Products Acquisition Center, New York, Additions 004, T-Shirt, Navy Blue, w/USGS New York. Product/NSN: SPEAR Insulation Subsystem, If the Committee approves the Identifier, Item No. 005, Polo Shirt, Dark Green, w/USGS Identifier, Item No. 006, 8415–01–F01–0197, 8415–01–F01–0204, proposed additions, the entities of the Sweatshirt, Dark Green, w/USGS 8415–01–F01–0211, 8415–01–F01–0218, Federal Government identified in this Identifier, Item No. 007, Baseball Cap, 8415–01–F01–0219, 8415–01–F01–0220, notice for each product or service will Navy, w/USGS Identifier, Item No. 008, 8415–01–F01–0221, 8415–01–F01–0222, be required to procure the products and Cruiser Vest, Orange, w/USGS Identifier, 8415–01–F01–0223, 8415–01–F01–0224, services listed below from nonprofit Item No. 009, Cruiser Vest, Khaki, w/ 8415–01–F01–0225. agencies employing persons who are USGS Identifier. NPA: Peckham Vocational Industries, Inc., blind or have other severe disabilities. NPA: Delaware Division for the Visually Lansing, Michigan. I certify that the following action will Impaired, New Castle, Delaware. Contract Activity: U.S. Army Soldier Systems not have a significant impact on a Contract Activity: U.S. Geological Survey, Command, Natick, Massachusetts. Reston, Virginia. substantial number of small entities. The major factors considered for this Services Sheryl D. Kennerly, Director, Information Management. certification were: Service Type/Location: Facility Services, 1. If approved, the action will not Retirement Operations Center, Boyers, [FR Doc. 02–25324 Filed 10–3–02; 8:45 am] result in any additional reporting, Pennsylvania. BILLING CODE 6353–01–P

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COMMITTEE FOR PURCHASE FROM Contract Activity: Directorate of Contracting, DEPARTMENT OF COMMERCE PEOPLE WHO ARE BLIND OR Fort Carson, Colorado. SEVERELY DISABLED Service Type/Location: Medical Bureau of Industry and Security Transcription, VA Medical Center, West Procurement List Additions Los Angeles, Los Angeles, California. Action Affecting Export Privileges; NPA: Landmark Services, Inc., Santa Ana, Yaudat Mustafa Talyi, and International AGENCY: Committee for Purchase from California. Business Services, Ltd. and Top Oil People Who Are Blind or Severely Contract Activity: VA Network Business Tools, Ltd.; Order Temporarily Denying Disabled. Center, 664/NBC/MP, San Diego, Export Privileges ACTION: Additions to Procurement List. California. Through the Office of Export SUMMARY: This action adds to the This action does not affect current Enforcement (‘‘OEE,’’), the Bureau of Procurement List services to be contracts awarded prior to the effective Industry and Security (‘‘BIS’’), U.S. furnished by nonprofit agencies date of this addition or options that may Department of Commerce, has requested employing persons who are blind or be exercised under those contracts. that I issue an order pursuant to have other severe disabilities. § 766.24 of the Export Administration EFFECTIVE DATE: November 3, 2002. Sheryl D. Kennerly, Regulations (currently codified at 15 1 ADDRESSES: Committee for Purchase Director, Information Management. CFR 730–774 (2002)) (‘‘EAR’’), From People Who Are Blind or Severely [FR Doc. 02–25325 Filed 10–3–02; 8:45 am] temporarily denying all U.S. export Disabled, Jefferson Plaza 2, Suite 10800, BILLING CODE 6353–01–P privileges of Yuadat Mustafa Talyi, 1421 Jefferson Davis Highway, a.k.a. Joseph Talyi, 888 Cross Gates Arlington, Virginia 22202–3259. Boulevard, Slidell, Louisiana 70458 (‘‘Talyi’’), and International Business FOR FURTHER INFORMATION CONTACT: CIVIL RIGHTS COMMISSION Services, Ltd., 700 Gause Boulevard, Sheryl D. Kennerly, (703) 603–7740. Suite 304, Slidell, Louisiana 70458, and, SUPPLEMENTARY INFORMATION: On June Sunshine Act Meeting 41 Chamale Cove East, Slidell, 14, and August 2, 2002, the Committee Louisiana 70460 (‘‘IBS’’). BIS has also for Purchase From People Who Are AGENCY: Commission on Civil Rights. requested that, pursuant to §§ 766.24(c) Blind or Severely Disabled published and 766.23 of the EAR, the order apply notice (67 FR 40910 and 50416) of DATE AND TIME: Friday, October 11, 2002, to the following person who is related proposed additions to the Procurement 9:30 a.m. to IBS and Talyi: Top Oil Tools, Ltd., 41 List. Chamale Cove East, Slidell, Louisiana After consideration of the material PLACE: Hilton Jackson Hotel, 1001 East County Line Road, Jackson, MS 39211. 70460. presented to it concerning capability of In its request, BIS states that, based qualified nonprofit agencies to provide Status upon an investigation by OEE, it the services and impact of the additions believes the Talyi, acting through his on the current or most recent Agenda company IBS, has repeatedly attempted contractors, the Committee has I. Approval of Agenda to export U.S.-origin items to Libya and determined that the services listed II. Approval of Minutes of July 19, 2002 Sudan over the past nine years by below are suitable for procurement by Meeting and September 13, 2002 misrepresenting, deceiving, and lying to the Federal Government under 41 U.S.C. ‘‘Meeting’’ suppliers of the U.S.-origin items 46–48c and 41 CFR 51–2.4. III. Announcements regarding the ultimate destination and I certify that the following action will IV. Staff Director’s Report end-user of the items, and despite not have a significant impact on a V. FY–2004 Budget Estimate to OMB repeated advice from several U.S. substantial number of small entities. VI. State Advisory Committee Appointments suppliers that his proposed activity The major factors considered for this for Arkansas, Georgia, Illinois, New would be a violation of U.S. export certification were: York, Oklahoma, Texas and Tennessee control laws. BIS further states that the 1. The action will not result in any VII. State Advisory Committee Report: Civil evidence establishes that on at least additional reporting, recordkeeping or Rights Issues in West Virginia (West three occasions, Talyi exported or other compliance requirements for small Virginia) participated in the export of U.S.-origin entities other than the small VIII. Presentations from central Regional SAC items, through his company IBS, to organizations that will furnish the members representing Alabama, Libya and Sudan without obtaining the services to the Government. Arkansas, Louisiana, Mississippi and necessary authorizations from BIS or the 2. The action will result in Nebraska on recent activities and other Treasury Department’s Office of Foreign authorizing small entities to furnish the civil rights developments in their states. Assets Control (‘‘OFAC’’). services to the Government. IX. Future Agenda Items

3. There are no known regulatory 1 CONTACT PERSON FOR FURTHER From August 21, 1994 through November 12, alternatives which would accomplish 2000, the Act was in lapse. During that period, the the objectives of the Javits-Wagner- INFORMATION: Les Jin, Press and President, through Executive Order 12924, which O’Day Act (41 U.S.C. 46–48c) in Communications, (202) 376–7700. had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 connection with the services proposed Debra A. Carr, CFR, 2000 Comp. 397 (2001)), continue the EAR in for addition to the Procurement List. Deputy General Counsel. effect under the International Emergency Economic Accordingly, the following services Powers Act (50 U.S.C. 1701–1706 (1994 & Supp. V are added to the Procurement List: [FR Doc. 02–25469 Filed 10–2–02; 2:16 pm] 1999)) (‘‘IEEPA’’). On November 13, 2000, the Act BILLING CODE 6335–01–M was reauthorized and it remained in effect through Services August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Service Type/Location: Laundry Service, Fort Order 13222 of August 17, 2001 (3 CFR, 2001 Carson, Colorado. Comp. 783 (2002)), as extended by the Notice of NPA: Goodwill Industrial Services August 14, 2002 (67 FR 53721 (August 16, 2002)), Corporation, Colorado Springs, Colorado. has continued the EAR in effect under IEEPA.

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Thus, OEE’s investigation persons and the related person are exported from the United States. For demonstrates that Talyi, through IBS, ‘‘persons subject to this Order’’) may purposes of this paragraph, servicing has repeatedly attempted to export not, directly or indirectly, participate in means installation, maintenance, repair, items to Libya and Sudan by any way in any transaction involving modification or testing. misrepresenting, deceiving, or lying to any commodity, software or technology Third, that, in addition to the related U.S. equipment supplies regarding the (hereinafter collectively referred to as person named above, after notice and ultimate destination of end-user since as ‘‘item’’) exported or to be exported from opportunity for comments as provided far back as 1993, in clear violation of the United States that is subject to the in § 766.23 of the EAR, any other U.S. export control laws, and, that Talyi Export Administration Regulations person, firm, corporation, or business has exported or participated in the (‘‘EAR’’), or in any other activity subject organization related to the denied export of U.S.-origin items without to the EAR, including, but not limited person by affiliation, ownership, obtaining necessary authorizations from to: control, or position of responsibility in BIS or the Treasury Department’s OFAC. A. Applying for, obtaining, or using the conduct of trade or related services OEE’s investigation has disclosed the any license, License Exception, or may also be made subject to the Top Oil Tools, Ltd., 41 Chamale Cove export control document; provisions of this Order. East, Slidell, Louisiana 70460, is related B. Carrying on negotiations Fourth, that this Order does not by its ownership, control, affiliation, concerning, or ordering, buying, prohibit any export, reexport, or other and connection with Talyi and IBS such receiving, using, selling, delivering, transaction subject to the EAR where the that it should be considered a related storing, disposing of, forwarding, only items involved that are subject to person under the terms of this order. transporting, financing, or otherwise the EAR are the foreign-produced direct Top Oil Tools, Ltd. is a business owned servicing in any way, any transaction product of U.S.-origin technology. and operated by Talyi, it is located at involving any item exported or to be In accordance with the provisions of the same address, and it has exported from the United States that is § 766.24(e) of the EAR, Talyi or IBS participated in some of the transactions subject to the EAR, or in any other may, at any time, appeal this Order by referenced herein. Consequently, it is activity subject to the EAR; or filing a full written statement in support necessary to name Top Oil Tools, Ltd. C. Benefitting in any way from any of the appeal with the Office of the as a person related to Talyi and IBS in transaction involving any item exported Administrative Law Judge, U.S. Coast order to prevent evasion of the terms or to be exported from the United States Guard ALJ Docketing Center, 40 South and conditions of this order. that is subject to the EAR, or in any Gay Street, Baltimore, Maryland 21202– In light of the evidence cited above, other activity subject to the EAR. 4022. A related person may appeal to OEE’s investigation demonstrates that Second, that no person may ,directly the Administrative Law Judge at the Talyi has committed or attempted to or indirectly, do any of the following: aforesaid address in accordance with commit repeated violations of U.S. A. Export or reexport to or on behalf the provisions of § 766.23(c) of the EAR. export control laws, including the EAR, of a person subject to this Order any This Order is effective immediately through his company IBS, that such item subject to the EAR; and shall remain in effect for 180 days. violations have been deliberate and B. Take any action that facilitates the In accordance with the provisions of covert, and that, given the nature of the acquisition or attempted acquisition by § 766.24(d) of the EAR, BIS may seek items shipped, future such violations a person subject to this order of the renewal of this Order by filing a written could go undetected. In addition, a ownership, possession, or control of any request not later than 30 days before the temporary denial order is needed to give item subject to the EAR that has been or expiration date. A respondent may notice to companies in the United States will be exported from the United States, oppose a request to renew this order by and abroad that they should cease including financing or other support filing a written submission with the dealing with Talyi or IBS in export activities related to a transaction Assistant Secretary for Export transactions involving U.S.-origin items. whereby a person subject to this order Enforcement, which must be received Such a temporary denial order is clearly acquires or attempts to acquire such not later than seven days before the consistent with the public interest to ownership, possession or control; expiration date of the Order. preclude future violations of the EAR. C. Take any action to acquire from or A copy of this Order shall be served Accordingly, I find that a TDO is to facilitate the acquisition or attempted on Talyi and IBS and the related person necessary, in the public interest, to acquisition from a person subject to this and shall be published in the Federal prevent an imminent violation of the order of any item subject to the EAR that Register. EAR. This order is issued on an ex parte has been exported from the United Entered this 30th day of September, 2002. basis without a hearing based upon States; Michael J. Garcia, BIS’s showing that expedited action is D. Obtain from a person subject to this Assistant Secretary for Export Enforcement. required. order in the United States any item [FR Doc. 02–25221 Filed 10–3–02; 8:45 am] It is therefore ordered: First, that subject to the EAR with knowledge or Yaudat Mustafa Talyi, a.k.a. Joseph reason to know that the item will be, or BILLING CODE 3510–DS–M Talyi, 888 Cross Gates Boulevard, is intended to be, exported from the Slidell, Louisiana 70458 (‘‘Talyi’’), and United States; or DEPARTMENT OF COMMERCE International Business Services, Ltd., E. Engage in any transaction to service 700 Gause Boulevard, Suite 304, Slidell, any item subject to the EAR that has International Trade Administration Louisiana 70458, and 41 Chamale Cove been or will be exported from the East, Slidell, Louisiana 70460 (‘‘IBS’’) United States and which is owned, [A–570–847] (hereinafter collectively referred to as possessed or controlled by a person Final Results of Expedited Sunset the ‘‘denied persons’’); and the subject to this order, or service any item, Review: Persulfates From the People’s following person subject to the Order by of whatever origin, that is owned, Republic of China its relationship to the denied person, possessed or controlled by a person Top Oil Tools, Ltd., 41 Chamale Cove subject to this order if such service AGENCY: Import Administration, East, Slidell, Louisiana 70460 (the involves the use of any item subject to International Trade Administration, ‘‘related person’’) (together, the denied the EAR that has been or will be Department of Commerce.

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ACTION: Notice of final results of and Na2S2O8. Ammonium and ia.ita.doc.gov/frn, under the heading expedited sunset review: Persulfates potassium persulfates are currently ‘‘October 2002.’’ The paper copy and from the People’s Republic of China. classified under subheading 2833.40.60 electronic version of the Decision of the Harmonized Tariff Schedule of Memorandum are identical in content. SUMMARY: On July 22, 1997, the the United States (HTSUS). Sodium Final Results of Review Department of Commerce (‘‘the persulfates are classified under HTSUS Department’’) published the notice of subheading 2833.40.20. The HTSUS We determine that revocation of the initiation of a five-year sunset review of subheadings are provided for antidumping duty order would likely the antidumping duty order on convenience and customs purposes. The lead to continuation or recurrence of persulfates from the People’s Republic written description of the scope of this dumping at the following percentage of China (‘‘PRC’’), pursuant to section proceeding is dispositive. weighted-average margins: 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 On the basis of Background Weighted- a notice of intent to participate and On July 22, 1997, the Department Manufacturer/producers/ex- average adequate substantive comments filed on porter margin published the notice of initiation of the (percent) behalf of domestic interested parties, five-year sunset review of the and inadequate response (in this case no antidumping duty order on persulfates Sinochem Jiangsu Wuxi Import response) from respondent interested from the PRC in accordance with & Export Corporation (Wuxi) 32.22 parties, the Department determined to section 751(c)(6)(A)(i) of the Tariff Act Shanghai Ai Jian Import & Ex- conduct an expedited sunset review of of 1930.2 On June 11, 2002, the port Corporation (Ai Jian) ..... 34.41 this antidumping duty order. As a result Department received a Notice of Intent Guangdong Petroleum Chem- of this review, the Department finds that to Participate on behalf of FMC ical Import and Export Trade revocation of the antidumping order (Guangdong) ...... 34.97 Corporation (collectively, ‘‘the domestic PRC-wide ...... 119.02 would be likely lead to continuation or interested parties’’) as specified in recurrence of dumping at the levels § 351.218(d)(1)(i) of the Sunset This notice serves as the only indicated in the ‘‘Final Results of Regulations. Review’’ section of this notice. reminder to parties subject to On July 3, 2002, the Department administrative protective order (‘‘APO’’) EFFECTIVE DATE: October 4, 2002. received a complete substantive of their responsibility concerning the FOR FURTHER INFORMATION CONTACT: response from the domestic interested disposition of proprietary information Amir R. Eftekhari or James P. Maeder, parties, as specified in the Sunset disclosed under APO in accordance Jr., Office of Policy for Import Regulations under § 351.218(d)(3)(i). with 19 CFR 351.305. Timely The Department did not receive a Administration, International Trade notification of return/destruction of substantive response from any Administration, U.S. Department of APO materials or conversion to judicial respondent interested party in this Commerce, 14th Street and Constitution protective order is hereby requested. proceeding. Consequently, pursuant to Avenue, NW, Washington, DC 20230; Failure to comply with the regulations section 751(c)(3)(B) of the Act, and 19 telephone: (202) 482–5331 or (202) 482– and the terms of an APO is a violation CFR 351.218(e)(1)(ii)(C), the Department 3330. which is subject to sanction. conducted an expedited (120-day) SUPPLEMENTARY INFORMATION: This five-year (‘‘sunset’’) review and sunset review of this order. Statute and Regulations notice are in accordance with sections Analysis of Comments Received 751(c), 752, and 777(i)(1) of the Act. This review is conducted pursuant to sections 751(c) and 752 of the Act. The All issues raised by the domestic Dated: September 30, 2002. Department’s procedures for the interested parties to this sunset review Faryar Shirzad, conduct of sunset reviews are set forth are addressed in the Issues and Decision Assistant Secretary for Import in Procedures for Conducting Five-year Memorandum (‘‘Decision Administration. (‘‘Sunset’’) Reviews of Antidumping and Memorandum’’) from Jeffrey A. May, [FR Doc. 02–25307 Filed 10–3–02; 8:45 am] Countervailing Duty Orders, 63 FR Director, Office of Policy, Import BILLING CODE 3510–DS–P 13516 (‘‘Sunset Regulations’’) and in 19 Administration, to Faryar Shirzad, CFR part 351 (2001) in general. Assistant Secretary for Import Guidance on methodological or Administration, dated October 2, 2002, DEPARTMENT OF COMMERCE analytical issues relevant to the which is adopted by this notice. The Department’s conduct of sunset reviews issues discussed in the Decision International Trade Administration is set forth in the Department’s Policy Memorandum include the likelihood of [A–588–833] Bulletin 98:3 Policies Regarding the continuation or recurrence of dumping Conduct of Five-year (‘‘Sunset’’) and the magnitude of the margin likely Stainless Steel Bar From Japan: Final Reviews of Antidumping and to prevail were the order revoked. Results of Antidumping Duty Countervailing Duty Orders; Policy Parties can find a complete discussion Administrative Review Bulletin, 63 FR 18871 (April 16, 1998) of all issues raised in this sunset review AGENCY: (‘‘Sunset Policy Bulletin’’). and the corresponding Import Administration, recommendations in this public International Trade Administration, Scope of Review memorandum which is on file in the Department of Commerce. The products covered by this review Central Records Unit, room B–099, of ACTION: Notice of Final Results of are persulfates, including ammonium, the Department’s main building. Antidumping Duty Administrative potassium, and sodium persulfates. The In addition, a complete version of the Review. chemical formula for these persulfates Decision Memorandum can be accessed SUMMARY: On July 31, 2002, the are, respectively, (NH4)2S2O8, K2S2O8, directly on the Web at http:// Department of Commerce published the 1 Notice of Initiation of Five Year ‘‘Sunset’’ 2 Notice of Initiation of Five Year ‘‘Sunset’’ preliminary results of an administrative Reviews, 67 FR 9439 (March 1, 2002). Reviews, 67 FR 38332 (June 3, 2002). review of the antidumping duty order

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on stainless steel bar from Japan for bars that are turned or ground in straight review, or the original less-than-fair- sales made by Aichi Steel Works, Ltd., lengths, whether produced from hot- value (LTFV) investigation, but the for the period February 1, 2001, through rolled bar or from straightened and cut manufacturer is, the cash deposit rate January 31, 2002. We gave interested rod or wire, and reinforcing bars that will be the rate established for the most parties an opportunity to comment on have indentations, ribs, grooves, or recent period for the manufacturer of the preliminary results of review but other deformations produced during the the merchandise; and (4) for all other received no comments. Therefore, these rolling process. producers and/or exporters of this final results of review have not changed Except as specified above, the term merchandise, the cash deposit rate shall from those presented in the preliminary does not include stainless steel semi- be 61.47 percent, the ‘‘all others’’ rate results of review, in which we applied finished products, cut-length flat-rolled established in the LTFV investigation total adverse facts available. products (i.e., cut-length rolled products (59 FR 66930, December 28, 1994). This EFFECTIVE DATE: October 4, 2002. which if less than 4.75 mm in thickness deposit rate shall remain in effect until have a width measuring at least 10 times FOR FURTHER INFORMATION CONTACT: publication of the final results of the the thickness, or if 4.75 mm or more in Brian Ellman, AD/CVD Enforcement 3, next administrative review. thickness having a width which exceeds Pursuant to 19 CFR 351.402(f)(2) this Import Administration, International 150 mm and measures at least twice the Trade Administration, U.S. Department notice serves as a final reminder to thickness), wire (i.e., cold-formed importers of their responsibility to file of Commerce, 14th Street and products in coils, of any uniform solid Constitution Avenue, N.W., a certificate regarding the cross-section along their whole length, reimbursement of antidumping duties Washington, D.C. 20230; telephone which do not conform to the definition (202) 482–4852. prior to liquidation of the relevant of flat-rolled products), and angles, entries during this review period. SUPPLEMENTARY INFORMATION: shapes and sections. Failure to comply with this requirement The Applicable Statute and Regulations The stainless steel bar subject to this could result in the Secretary’s order is currently classifiable under Unless otherwise indicated, all presumption that reimbursement of subheadings 7222.11.00, 7222.19.00, antidumping duties occurred and the citations to the Tariff Act of 1930, as 7222.20.00 and 7222.30.00 of the amended (the Act), are references to the subsequent assessment of double Harmonized Tariff Schedule of the antidumping duties. provisions effective January 1, 1995, the United States (HTSUS). Although the effective date of the amendments made This notice also serves as the only HTSUS subheadings are provided for reminder to parties subject to to the Act by the Uruguay Round convenience and customs purposes, the Agreements Act. In addition, unless administrative protective order (APO) of written description of the scope of the their responsibility concerning the otherwise indicated, all citations to the order is dispositive. Department of Commerce’s (the disposition of proprietary information Department’s) regulations are to the Final Results of the Review disclosed under APO in accordance regulations codified at 19 CFR Part 351 We received no comments from with 19 CFR 351.305(a)(3). Timely (April 2001). interested parties, and we have notification of return or destruction of determined that no changes to the APO materials or conversion to judicial Background preliminary results are warranted for protective order is hereby requested. On July 31, 2002, the Department these final results. Therefore, the Failure to comply with the regulations published in the Federal Register (67 weighted-average dumping margin for and the terms of an APO is a FR 49673) the preliminary results of the Aichi for the period February 1, 2001, sanctionable violation. review of this order. In the preliminary through January 31, 2002, is 61.47 We are issuing and publishing this results, we determined a weighted- percent. determination in accordance with average dumping margin of 61.47 The Department will determine, and sections 751(a)(1) and 777(i)(1) of the percent for Aichi Steel Works, Ltd. the Customs Service shall assess, Act and 19 CFR 351.221(b)(5). (Aichi), for the period February 1, 2001, antidumping duties on all appropriate Dated: September 30, 2002. through January 31, 2002. We gave entries. The rate of 61.47 percent will be Faryar Shirzad, interested parties an opportunity to assessed uniformly on all entries of Assistant Secretary for Import comment on our preliminary results. We Aichi merchandise made during the Administration. received no comments. The Department period of review. The Department will [FR Doc. 02–25304 Filed 10–3–02; 8:45 am] has now completed the administrative issue appropriate assessment BILLING CODE 3510–DS–S review in accordance with section 751 instructions directly to the Customs of the Act. Service within 15 days of publication of these final results of review. DEPARTMENT OF COMMERCE Scope of Order Furthermore, the following deposit The merchandise covered by this rates will be effective upon publication International Trade Administration order is stainless steel bar. For purposes of these final results for all shipments of of this order, the term ‘‘stainless steel the subject merchandise entered, or [A–428–825] bar’’ means articles of stainless steel in withdrawn from warehouse, for straight lengths that have been either consumption on or after the publication Stainless Steel Sheet and Strip in Coils hot-rolled, forged, turned, cold-drawn, date as provided for by section 751(a)(1) From Germany; Antidumping Duty cold-rolled or otherwise cold-finished, of the Act: (1) the cash deposit rate for Administrative Review; Extension of or ground, having a uniform solid cross- Aichi will be 61.47 percent; (2) for Time Limits section along their whole length in the previously reviewed or investigated AGENCY: Import Administration, shape of circles, segments of circles, companies not listed above, the cash International Trade Administration, ovals, rectangles (including squares), deposit rate will continue to be the Department of Commerce. triangles, hexagons, octagons or other company-specific rate published for the ACTION: Notice of extension of time convex polygons. Stainless steel bar most recent period; (3) if the exporter is limits. includes cold-finished stainless steel not a firm covered in this review, a prior

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SUMMARY: The Department of Commerce DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: This (the Department) is extending the time notice is relevant to the Ozette Lake limits for the final results of the 2000– National Oceanic and Atmospheric Sockeye Salmon (Oncorhynchus nerka) 2001 administrative review of the Administration ESU. antidumping duty order on stainless [I.D. 092402B ] Background steel sheet and strip in coils from The Makah Indian Tribe, and the Germany. This review covers one Endangered and Threatened Species; Washington Department of Fish and manufacturer/exporter of the subject Take of Anadromous Fish Wildlife as the co-managing resource merchandise to the United States and AGENCY: National Marine Fisheries management agency under the United the period July 1, 2000 through June 30, Service (NMFS), National Oceanic and States v. Washington fisheries 2001. Atmospheric Administration (NOAA), management framework, have provided EFFECTIVE DATE: October 4, 2002. Commerce. a joint RMP in the form of a Hatchery ACTION: Reopening of comment period; and Genetic Management Plan (HGMP) FOR FURTHER INFORMATION CONTACT: Notice of Availability and request for for Ozette Lake sockeye salmon. The Patricia Tran at (202) 482–1121 or comments. RMP encompasses artificial Robert James at (202) 482–0649, propagation, research, and monitoring Antidumping and Countervailing Duty SUMMARY: Notice is hereby given that and evaluation activities within the Enforcement Group III, Office Eight, NMFS is reopening the comment period range of the Ozette Lake sockeye salmon Import Administration, International for a proposed evaluation and pending ESU. The range of the ESU is the Ozette Trade Administration, U.S. Department determination of the Secretary of River, Ozette Lake, and Ozette Lake Commerce (Secretary) as to how a of Commerce, 14th Street and tributaries accessible to anadromous Resource Management Plan (RMP) Constitution Avenue NW., Washington, salmon. Performance objectives addresses Endangered Species Act DC 20230. specified in the RMP include (ESA) criteria. The RMP was submitted establishment of self-sustaining, SUPPLEMENTARY INFORMATION: On August jointly by the Makah Indian Tribe and tributary-spawning sockeye aggregations 7, 2002, we published the preliminary the Washington Department of Fish and to increase natural spawning fish results of this administrative review. Wildlife as the co-managing fisheries abundance levels in the Ozette Lake See Stainless Steel Sheet and Strip in resource manager, pursuant to the ESA Basin. The RMP also includes research, Coils from Germany; Notice of protective regulations promulgated for monitoring, and evaluation actions Preliminary Results of Antidumping the Ozette Lake Sockeye Salmon designed to identify life history Duty Administrative Review 67 FR Evolutionary Significant Unit (ESU). characteristics of the listed beach NMFS also is reopening the public 51199 (August 7, 2002). Currently, the spawning sockeye salmon population, comment period for a draft final results in this administrative and factors limiting the productivity of Environmental Assessment (EA) of the the listed sockeye salmon ESU. review are due on December 5, 2002. pending determination. The comment Pursuant to section 751(a)(3)(A) of the Monitoring and evaluation programs are period is being reopened in response to also used to ensure that the proposed Act, the Department may extend the requests for additional review time by deadline for completion of an artificial propagation measures are the public. This document serves to consistent with listed sockeye salmon administrative review if it determines notify the public of the extended that it is not practicable to complete the conservation objectives. availability of the proposed evaluation As required by section 223.203 (b)(6) final results of the review within the and draft EA for review and comment of the ESA 4(d) rule, the Secretary must normal statutory time limit. Because before NMFS makes its final National determine whether the RMP for Ozette petitioners’ and respondent’s case and Environmental Policy Act (NEPA) and Lake sockeye salmon would appreciably rebuttal briefs raise complicated issues, RMP determinations. reduce the likelihood of survival and such as major inputs from affiliated and DATES: Written comments on the recovery of the Ozette Lake sockeye unaffiliated suppliers, downstream Secretary’s proposed evaluation and salmon and other affected threatened home market sales, and application of draft EA must be received at the ESUs, pursuant to government-to- facts available, the Department appropriate address or fax number (see government processes described in 50 determines it is not practicable to ADDRESSES) no later than 5 p.m. Pacific CFR 223.203. The Secretary must take complete this review within the normal Standard Time on October 21, 2002. comments on how the RMP addresses statutory time limit. Therefore, the ADDRESSES: Written comments and the criteria in 223.203(b)(5) in making Department is extending the time limits requests for copies of the proposed that determination. NMFS will not for completion of the final results until evaluation and draft environmental complete the final NEPA and RMP February 3, 2003, in accordance with assessment should be addressed to Tim determinations until after the end of the section 751(a)(3)(A) of the Tariff Act of Tynan, Sustainable Fisheries Division, extended comment period, and NMFS 1930, as amended. National Marine Fisheries Service, 510 will fully consider all public comments Desmond Drive, Suite 103, Olympia, received during the comment period. Dated: September 27, 2002. WA 98503. Comments may also be sent NMFS will publish a record of its final Joseph A. Spetrini, via fax to 360/753–9517. The documents action in the Federal Register. Deputy Assistant Secretary for Import are also available on the Internet at Administration, Group III. http://www.nwr.noaa.gov/, Sustainable Authority [FR Doc. 02–25306 Filed 10–3–02; 8:45 am] Fisheries Division site. Comments will Under section 4 of the ESA, NMFS, by BILLING CODE 3510–DS–P not be accepted if submitted via e-mail delegated authority from the Secretary or the Internet. of Commerce, is required to adopt such FOR FURTHER INFORMATION CONTACT: Tim regulations deemed necessary and Tynan at phone number: 360/753–9579, advisable for the conservation of the or e-mail: [email protected] species listed as threatened. The ESA regarding the RMP. salmon and steelhead 4(d) Rule (65 FR

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42422, July 10, 2000) specifies meters. Halophila johnsonii is rare, has research results that were discussed and categories of activities that contribute to a limited reproductive capacity, and is referenced in the recovery plan. the conservation of listed salmonids and vulnerable to a number of Response: The recovery plan cites sets out the criteria for such activities. anthropogenic and natural disturbances. previous research considered relevant to The rule further provides that the Johnson’s seagrass is listed as the understanding and recovery of prohibitions of paragraph (a) of the rule threatened under the Endangered Johnson’s seagrass. The information and do not apply to actions undertaken in Species Act of 1973, as ammended, 16 research results used in the compliance with an RMP developed USC 1531 et seq.(ESA) and is the first development of the plan represent the jointly by the Tribes and the State of marine plant to be listed under the ESA. best scientific and commercial data Washington (joint plan) and determined Principal threats to the species’ survival available at the time the plan was by the Secretary to be in accordance include: (1) habitat degradation and written. The recovery plan’s research with the salmon and steelhead 4(d) rule destruction from dredging and filling, review describes what is currently (65 FR 42422, July 10, 2000). construction and shading from in- and known about Johnson’s seagrass and Dated: October 1, 2002. overwater structures, prop scarring, helps identify research needs for the Chris Mobley, altered water quality, and siltation; (2) species. NMFS refers any reviewers inadequacy of existing regulatory with questions or comments concerning Acting Chief, Endangered Species Division, Office of Protected Resources, National mechanisms to protect seagrasses; and results or conclusions expressed in a Marine Fisheries Service. (3) stochastic storm events. specific reference directly to the author [FR Doc. 02–25333 Filed 10–3–02; 8:45 am] The recovery plan contains a synopsis of that citation. of the biology and distribution of BILLING CODE 3510–22–S Comment 3: One commenter stated Johnson’s seagrass, a description of that H. johnsonii is regularly found in factors affecting species recovery, an areas that would not appear to be DEPARTMENT OF COMMERCE outline of actions needed to recover the conducive to seagrasses, such as in species, and an implementation finger canals and portions of the Lake National Oceanic and Atmospheric schedule for completing the recovery Worth Lagoon near the C–51 canal. Administration tasks. The recovery plan for Johnson’s Based on these observations, H. seagrass, prepared for NMFS by an johnsonii is considered by the [I.D. 061202A] eight-member recovery team, provides a commenter to be much more Endangered and Threatened Species; framework for addressing a multitude of widespread than indicated in the Notice of Availability for the Final biological concerns and outlines Federal recovery plan. Recovery Plan for Johnson’s Seagrass agency responsibilities under the ESA Response: Johnson’s seagrass is with the sole purpose of insuring long- known to be patchily distributed in AGENCY: National Marine Fisheries term survival of the species. NMFS lagoons along approximately 200 km of Service (NMFS), National Oceanic and published a notice of availability of the coastline in southeastern Florida. As Atmospheric Administration (NOAA), draft recovery plan for Johnson’s stated in the final critical habitat Commerce. seagrass in the Federal Register on June designation (65 FR 17786; April 5, ACTION: Notice of Availability. 26, 2000 (65 FR 39369). Comments were 2000), an abundant core of Halophila received from nine parties during the species, including Johnson’s seagrass, SUMMARY: NMFS announces the 60–day comment period. The majority has been documented in the middle of availability of the final recovery plan for of the comments were editorial and its range (Lake Worth Lagoon, Palm Johnson’s seagrass (Halophila johnsonii were incorporated as received. More Beach County). The species is known to Eiseman) as required by the Endangered substantive comments from the occur in euryhaline areas and has been Species Act. reviewers and NMFS’ responses to these observed growing perennially near the ADDRESSES: Requests for a copy of the comments are summarized here. mouths of freshwater discharge canals final recovery plan should be addressed Comments and Responses (Gallegos and Kenworthy, 1996). to: David Bernhart, NMFS, Southeast Johnson’s seagrass uses the niche Regional Office, Protected Resources Comment 1: One commenter available to it, often occurring in areas Division, 9721 Executive Center Drive suggested the use of historic ecological that are generally not conducive to the North, St. Petersburg, FL 33702. A copy parameters to compare with existing growth of larger seagrasses. The of the Final Recovery Plan can also be ecological conditions in order to recovery team is aware of documented downloaded from the following web evaluate the extent of perturbations on observations of H. johnsonii in finger address: http://www.nmfs.noaa.gov/ Johnson’s seagrass and its habitat within canals within the species’ range. NMFS protlres/PR3/recovery.html. the current ecosystem. is interested in all reports or sightings FOR FURTHER INFORMATION CONTACT: Response: NMFS agrees with this of Johnson’s seagrass. All verified David Bernhart, (727) 570–5312 or commenter and the value of comparing sightings or surveys of Johnson’s David O’Brien, (301) 713–1401. historical and existing ecological seagrass are added to a database SUPPLEMENTARY INFORMATION: conditions; however, only limited documenting the species’ abundance, historical data of this type exists for distribution, and ecological parameters. Background Johnson’s seagrass. With the Comment 4: One reviewer commented Johnson’s seagrass, Halophila implementation of the plan’s recovery on the need to identify the Florida Fish johnsonii, is a marine plant species tasks, including the establishment of and Wildlife Conservation Commission found growing in lagoonal waters along long-term monitoring sites and the (FWC), Division of Marine Resources approximately 200 km of coastline in evaluation of ecological parameters, a (DMR), as an active agency in the southeastern Florida between Sebastian historical database for Johnson’s Conservation Measures of the plan and Inlet and north Biscayne Bay. The seagrass will be developed and available to address the critical role that this state species often grows in a patchy, non- for comparative use. agency plays in the management, contiguous distribution at water depths Comment 2: A few reviewers enforcement, and conservation of extending from the intertidal down to 3 questioned the accuracy of previous seagrass and marine habitat.

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Response: A descriptive paragraph evaluate the effect of listing of this since 1980. Halophila johnsonii was about the FWC, DMR, has been added species on local and state economics. previously referred to either as H. to the recovery plan’s ‘‘State Response: The listing of a species decipiens or H. baillonis Ascherson, but Conservation Measures’’ section. The under the ESA is based solely on the it most closely resembles H. ovalis (R. FWC was created in 1998 with the needs of the species. Neither an Brown) Hooker f., an Indo-Pacific merger of the Florida Game and Fresh Environmental Assessment nor an species, both morphologically and Water Fish Commission and the Marine Environmental Impact Statement is a genetically (McMillan and Williams, Fisheries Commission. This new state requirement for ESA listing. Section 4(f) 1980). Newly developing genetic agency has full constitutional of the ESA directs the responsible evidence also suggests that H. johnsonii rulemaking authority, under the Florida Federal agency to develop and is more closely related, Endangered and Threatened Species implement a recovery plan for listed phylogenetically, to H. ovalis than with Act, Chapter 372.072 of the Florida species. A recovery plan is a guide for the other Halophila species, including Statutes (F.S.), to protect and manage the recovery and persistence of the H. decipiens, which is commonly found threatened and endangered marine species and will not have a significant in mixed seagrass beds with Johnson’s species. However, the Florida impact on the environment. Estimates of seagrass. Because of this new genetic Endangered and Threatened Species Act the time required and the cost to carry data, the use of the term ‘‘hybridization’’ (F.S. 372.072) limits the definitions of out the recovery goals have been in the plan’s ‘‘Growth Form and endangered and threatened species to incorporated into the recovery plan in Reproductive Biology’’ section was no only include members of the animal the form of an implementation table. longer needed and was removed. kingdom (any species of fish and The goals and objectives of the plan will Comment 9: One commenter wildlife). be attained and funds expended suggested the definition ‘‘stable, self- Although federally listed, Johnson’s contingent upon agency appropriations sustaining population,’’ as used in the seagrass is not managed as a threatened and priorities. The actions that an plan’s recovery criteria, be revised and marine species by the FWC. The FWC, agency implements according to the that objective criteria be incorporated to Bureau of Protected Species plan may have to be reviewed at that further define ‘‘self-sustaining.’’ Management, provides comments and time for National Environmental Policy Another reviewer commented that the recommendations to state permitting Act (NEPA) requirements. plan did not include sufficient recovery Comment 6: One commenter agencies on actions that may impact objectives and criteria. suggested refinement of the habitat seagrass, including Johnson’s seagrass, Response: The definition for ‘‘stable, requirements, taking into account based on the protection of essential self-sustaining population’’ was revised sediment requirements for the species. habitat for the listed manatees and Response: We refined recovery task and clarified as ‘‘a population that has marine turtles. Projects are not reviewed 3.01 to discuss sediment characteristic been documented to persist for at least by the state solely for impacts to and habitat requirements for the species. 10 years.’’ Substantial changes were also Johnson’s seagrass or its designated Comment 7: One reviewer stated that made to the ‘‘Objectives and Criteria’’ critical habitat. The plan describes the plan does not address how section of the plan’s Recovery Chapter. FWC’s role in protecting Florida’s permitting of work within or adjacent to The section now reads as follows: ‘‘The seagrass habitat, including Johnson’s designated critical habitat will be recovery objective for H. johnsonii is to seagrass throughout its range, through affected. That is, the reviewer delist the species by assuring its long- its (a) permitting program for the harvest questioned how a proposed project term persistence throughout its range. of seagrass (for educational or research located within critical habitat will be Halophila johnsonii should be purposes), (b) regulation of fishery treated compared to projects located considered for delisting when all of the practices that may harm seagrasses, (c) outside of critical habitat. following criteria are met: enforcement efforts of state regulations Response: The review of federally (1) The species’ present geographic to protect seagrass and marine habitat, permitted actions is independent of the range remains stable for at least 10 years (d) management-oriented research recovery plan and is addressed under or increases, (2) self-sustaining programs for seagrass, and (e) seagrass section 7 of the ESA (Interagency populations are present throughout the outreach and education efforts. Cooperation). Federal action agencies range at distances less than or equal to Despite these valuable conservation must review their proposed actions to the maximum dispersal distance to measures, degradation or destruction of determine whether any action may allow for stable vegetative recruitment Johnson’s seagrass habitat (including affect a listed species or critical habitat. and genetic diversity, and (3) dredge and fill, construction and Under section 7, Federal agencies must populations and supporting habitat in shading from overwater structures, prop consult with NMFS on proposed actions its geographic range have long-term scarring and anchor mooring, and to determine whether any such action is protection (through regulatory action or altered water quality) continues likely to jeopardize the continued purchase acquisition). throughout this species’ limited range. existence of listed species or result in Quantitative information, including NMFS would support efforts by the state the destruction or adverse modification the number of self-sustaining of Florida to strengthen regulatory of critical habitat. populations necessary and the quality mechanisms for greater protection of Comment 8: A commenter was and quantity of habitat required to Johnson’s seagrass, including, for concerned with the use of the term further define and meet these criteria, example, revision of the Florida ‘‘hybridization’’ in the ‘‘Growth Form are included as recovery plan tasks in Endangered and Threatened Species Act and Reproductive Biology’’ section. The the Final Recovery Plan. (F.S. 372.072) to include all state and/ commenter stated that some could take Comment 10: One commenter felt that or federally listed endangered and this word to mean that the seagrass is the range-wide monitoring tasks for threatened plant species (upland, not a distinct species, and accordingly, Johnson’s seagrass would not include freshwater, and marine) occurring in not entitled to protection under the information or data on adverse impacts Florida. ESA. (such as dredging or recreational boating Comment 5: One reviewer requested Response: Halophila johnsonii has prop scarring) occurring to the species an Environmental Impact Assessment to been identified as a distinct species and its habitat throughout its range.

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Response: Adverse impacts to stock’’ of Johnson’s seagrass for agencies, include tasks 5.03., 5.05., Johnson’s seagrass could be detected restoration purposes because ‘‘the use of 5.09., and 5.13. A section 6 agreement during detailed mapping, which is seagrass stock that is restricted in under the ESA with may be one way to specified as a recovery task in the plan. genetic variability could lead to over- facilitate interagency coordination in Johnson’s seagrass distribution, representation of a particular genotype the protection of Johnson’s seagrass. abundance, shoot density and cover, within the regional population.’’ This NMFS will explore this option with the and a suite of environmental parameters commenter suggested a clarification of state of Florida. (such as optical water quality, water the term ‘‘superior stock’’ and how the Comment 14: Various commenters depth, and salinity) would be use of such stock will account for suggested specific project determined at monitoring locations maintaining genetic variability methodologies and techniques be added range-wide. Year-to-year variation of throughout the range of the species. to the recovery tasks. One commenter, these parameters at these sites would be Response: The recovery team further for example, stated that many of the examined and tracked. In addition, examined and edited this section. tasks do not contain detailed narratives attempts will be made to match these Recovery task 7.01 was rewritten to as to how each recovery task will be monitoring site locations to locations read, ‘‘Conduct mesocosm and field implemented. within the range of Johnson’s seagrass experiments to test the feasibility of Response: These comments offer that have historical water quality data or transplanting excavated and naturally- valuable technical input. Specific currently have water quality data dislodged (free floating and intertidal methods or scientific procedures (such collections taking place. driftline) vegetative fragments of H. as for genetic sampling or the use of Comment 11: One commenter felt that johnsonii under a broad range of grating material for dock grating) used to a sufficient buffer distance should be environmental conditions.’’ implement recovery tasks will be included in the plan’s recommendation Recovery tasks 7.03, 7.04, and 7.05 developed according to the specific to preserve natural shoreline buffers. were also rewritten and task 7.06 was project design. The plan does not Response: NMFS agrees with this removed based upon comments. NMFS specify research methodologies in comment and the need to define agrees that a restoration (or advance since methodologies and sufficient buffer distances. Recovery transplanting) program should not take techniques used to complete these plan tasks 5.11 and 5.12 address the precedence over addressing the existing recovery tasks will be developed based importance of preserving and acquiring threats to Johnson’s seagrass or the on a project’s goals and objectives, the natural shoreline buffers in the recovery and protection of the species in current state of technology, and upon protection of Johnson’s seagrass habitat. the wild. NMFS believes it is possible, the decisions made by the primary However, the plan does not include a however, that the recovery of lost investigator(s). fixed buffer distance since this distance populations may be enhanced by Comment 15: A few commenters can vary based on conditions, including transplantation of natural or cultivated suggested that a summary or list of the local variation in topography and vegetative fragments because of the recovery tasks or a prioritized list of the upland characteristics. Data on limited or absent sexual reproduction in recovery tasks be added to the recovery sufficient buffer distances are not this species. The identification of plan. currently available and developing this superior stock characteristics of Response: Both a summary and a information is beyond the scope of this Johnson’s seagrass and the maintenance prioritized list have been added to the plan. State agencies such as the Florida of stocks with these characteristics can final recovery plan. Department of Environmental Protection be a valuable tool in the restoration of Comment 16: One reviewer (FDEP), Bureau of Beaches and Coastal damages or losses to the species. Care commented that the recovery plan is Systems or Aquatic Preserves Program; will have to be taken that any based on conjecture and speculation Water Management Districts; Florida restoration does not have adverse effects and that little, if anything, proposed in Forever Act Program; or the State on the species’ genetic diversity. NMFS the plan would cause any recovery of Comprehensive Plan may have does not consider the identification and the species. Geographic Information System maintenance of superior stocks of Response: The recovery plan is based information on Florida shorelines and Johnson’s seagrass for restoration as a on the best scientific and commercial the future capability for developing substitute for avoiding and minimizing data available at the time it was written. broad-scale, standardized buffer impacts to the species or its critical The basis for listing Johnson’s seagrass’ distances. habitat or a replacement to the as threatened are human impacts on the Comment 12: A few commenters protection and wise management of the plant and its habitat, the species’ requested clarification of the restoration species in the wild. reproductive strategy, and its limited recovery tasks. For recovery task 7.01, a Comment 13: One commenter geographic distribution. Section 4(f) of commenter suggested to specifically suggested that the management section the ESA directs NMFS to develop and reference ‘‘both excavated vegetative of the plan be expanded and that the implement a recovery plan for Johnson’s fragments and naturally dislodged and plan address the issue of cooperation seagrass, unless such a plan would not free floating and ’intertidal driftline’ with the state of Florida under section promote the conservation of the species. vegetative fragments’’ as sources for the 6 of the ESA. NMFS determined that a recovery plan proposed experiments. Response: NMFS recognizes the would promote conservation and A second commenter was concerned necessity of intergovernmental recovery of Johnson’s seagrass. The that the development of restoration coordination in the protection of Recovery Team and NMFS believe that techniques and a restoration program Johnson’s seagrass and its habitat. A the tasks defined and implemented will can be seen by some as a way to avoid primary goal of the Johnson’s seagrass lead to the survival and recovery of H. recovering the species in the wild. The recovery plan is to determine and johnsonii. The goal of the plan is the commenter added that these programs implement habitat management needs eventual delisting of the species. should not become a substitute for and techniques for protection of the Comment 17: Numerous reviewers addressing existing threats. species. Specific management recovery commented on implementation table A third commenter was concerned tasks in the final plan that incorporate costs, adequacy of funding, and with identifying and using ‘‘superior interagency cooperation, including state availability of current funding. A few

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commenters expressed concern for how downgraded from priority 2 to 3 Atmospheric Administration (NOAA), the plan will be implemented and include: 3.01, 3.02, 3.03, 5.14, 7.02, and Commerce. enforced. 8.05. Recovery task 5.09 was changed ACTION: Issuance of permit. Response: NMFS is committed to the from priority 2 to priority 1. Recovery implementation of the Johnson’s tasks 4.03 and 5.01 were changed from SUMMARY: Notice is hereby given that seagrass recovery plan and in priority 3 to priority 2. establishing an implementation team to Additional notable edits to the Robert A. Garrott, Ph.D., Ecology address research and management goals. recovery tasks include the following: Department, Montana State University, NMFS agrees with the Johnson’s (a) 1.02, 1.03, and 1.05 in the draft 310 Lewis Hall, Bozeman, Montana Seagrass Recovery Team that the goals plan were changed to recovery tasks 59717 (PI: Dr. Robert Garrott), has been and objectives of this recovery plan can 1.01A, 1.01B, and 1.01C, respectively, in issued a permit to take Antarctic be achieved only if a long-term the final plan. pinnipeds for purposes of scientific commitment is made to support the (b) 1.04 and 1.06 were combined into research. actions recommended here. Achieving task 1.02. these goals and objectives will require (c) 3.02 was changed to task 5.01. ADDRESSES: The permit and related the cooperation of state and Federal (d) 3.08 was rewritten and changed to documents are available for review government agencies as well as private 3.06. upon written request or by appointment (e) 5.01 was rewritten and changed to individuals and organizations. Goals in the following office(s): 5.02. and objectives will be attained and (f) 5.05 was merged into 5.06. Permits, Conservation and Education funds expended contingent upon agency (g) 5.10 was rewritten and changed to Division, Office of Protected Resources, appropriations and priorities. 5.14. NMFS, 1315 East-West Highway, Room Comment 18: Numerous commenters (h) 7.02, 7.04, and 7.06 were 13705, Silver Spring, MD 20910; phone expressed support of the plan and combined to 7.03. (301)713–2289; fax (301)713–0376. described it as informative, well- (i) 7.03 was separated into tasks 7.02 written, and comprehensive. One of and 7.04. FOR FURTHER INFORMATION CONTACT: these commenters stated that the plan Ruth Johnson or Carrie Hubard ‘‘includes helpful research tasks, Implementation of the Plan (301)713–2289. however, there is a lack of discussion NMFS is committed to the SUPPLEMENTARY INFORMATION: On July regarding certain recovery tasks.’’ The implementation of the Johnson’s Florida Department of Community Seagrass Recovery Plan and to 12, 2002, notice was published in the Affairs determined the plan to be developing an implementation team to Federal Register (67 FR 46179) that a consistent with the Florida Coastal address research and management goals. request for a scientific research permit Management Program. A long-term management plan will be to take Antarctic pinnipeds, target Response: The Johnson’s seagrass developed by an implementation team, species, Weddell seals (Leptonychotes Recovery Team was dedicated to and the approved Johnson’s Seagrass weddellii), had been submitted by the producing a comprehensive and Final Recovery Plan will be used to above-named individual. The requested effective plan that will promote the address and implement recovery permit has been issued under the protection and sustainability of strategies for H. johnsonii. The goals authority of the Marine Mammal Johnson’s seagrass and its habitat. The and objectives of the plan will be Protection Act of 1972, as amended (16 introductory narratives for the eight attained and funds expended contingent U.S.C. 1361 et seq.), and the Regulations major recovery tasks were reviewed and upon agency appropriations and Governing the Taking and Importing of revised by the team for the final plan. priorities. The recovery plan and criteria Marine Mammals (50 CFR part 216). Further discussion or clarification was may be revised in the future on the basis A Permit was issued to take Weddell made to the narratives and the specific of new information. Public notice and recovery tasks as needed. seals by capture to tag, tissue and blood an opportunity for public review and sample, instrument, and incidentally Recovery Task Priority Changes comment would be provided prior to harass crabeater seal (Lobodon final approval of a revised recovery Priority 1 recovery tasks are actions carcinophagus), leopard seal (Hydrurga plan. that must be taken to prevent extinction leptonyx), Ross seal (Ommatophoca or to identify those actions necessary to Authority: 16 U.S.C. 1531–1543 et seq. rossii), southern elephant seal prevent extinction. An action that must Dated: September 26, 2002. (Mirounga leonina), and Antarctic fur be taken to prevent a significant decline William T. Hogarth, seal (Archtocephalus gazella). Activities in population numbers, habitat quality, Assistant Administrator for Fisheries, will occur in McMurdo Sound, or other significant negative impacts National Marine Fisheries Service. Antarctica and the Ross Sea. The Holder short of extinction is a priority 2 task. [FR Doc. 02–25328 Filed 10–3–02; 8:45 am] is also authorized to import samples All other actions necessary to provide BILLING CODE 3510–22–S collected from live captures and hard for full recovery of listed species are priority 3 tasks. parts collected from carcasses during NMFS has modified the priorities the above-listed activities. DEPARTMENT OF COMMERCE assigned to certain recovery tasks in the Dated: September 25, 2002. Implementation Schedule to better National Oceanic and Atmospheric Trevor Spradlin, reflect NMFS guidance on priority Administration Acting Chief, Permits, Conservation and rankings (55 FR 24296, June 14, 1990). [I.D. 091002A] Education Division, Office of Protected These changes resulted in downgrading Resources, National Marine Fisheries Service. from priority 1 to 2 the following Marine Mammals; File No. 1032–1679– [FR Doc. 02–25329 Filed 10–3–02; 8:45 am] recovery tasks: 1.01, 2.01, 2.02, 5.02, 00 5.10, 6.01, and 7.01. Recovery task 3.06 BILLING CODE 3510–22–S (with edits) was changed from priority AGENCY: National Marine Fisheries 1 to priority 3. Recovery tasks Service (NMFS), National Oceanic and

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DEPARTMENT OF COMMERCE finding that such permit (1) was applied [email protected], telephone: (202) for in good faith, (2) will not operate to 418–5200. National Oceanic and Atmospheric the disadvantage of the endangered Dated: September 25, 2002. Administration species which is the subject of this Jean A. Webb, permit, and (3) is consistent with the [I.D. 091002H] Secretary of the Commission. purposes and policies set forth in Marine Mammals; File No. 751–1614–02 section 2 of the ESA. [FR Doc. 02–25241 Filed 10–3–02; 8:45 am] BILLING CODE 6351–01–M AGENCY: National Marine Fisheries Dated: September 26, 2002. Service (NMFS), National Oceanic and Eugene T. Nitta, Atmospheric Administration (NOAA), Acting Chief, Permits, Conservation and DEPARTMENT OF DEFENSE Commerce. Education Division, Office of Protected Resources, National Marine Fisheries Service. ACTION: Issuance of permit amendment. Department of the Navy [FR Doc. 02–25332 Filed 10–3–02; 8:45 am] SUMMARY: Notice is hereby given that BILLING CODE 3510–22–S Meeting of the Planning and Steering Ocean Alliance/Whale Conservation Advisory Committee (PSAC) Institute, 191 Weston Road, Lincoln, MA 01773 (Dr. Roger S. Payne, Principal AGENCY: Department of the Navy, DOD. Investigator) has been issued an COMMODITY FUTURES TRADING ACTION: Notice of closed meeting. amendment to scientific research Permit COMMISSION SUMMARY: The purpose of this meeting No. 751–1614–01. is to discuss topics relevant to ballistic ADDRESSES: The amendment and related Guidelines for Ensuring and Maximizing the Quality, Objectivity, missile submarine (SSBN) security. This documents are available for review meeting will be closed to the public. upon written request or by appointment Utility, and Integrity of Information DATES: The meeting will be held on in the following office(s): Disseminated by the Commodity Permits, Conservation and Education Futures Trading Commission Friday, October 18, 2002, from 9 a.m. to Division, Office of Protected Resources, 4 p.m. AGENCY: NMFS, 1315 East-West Highway, Room Commodity Futures Trading ADDRESSES: The meeting will be held at 13705, Silver Spring, MD 20910; phone Commission. the Center for Naval Analyses, 4825 (301)713–2289; fax (301)713–0376; ACTION: Notice of availability of report. Mark Center, Alexandria, Virginia. Northeast Region, NMFS, One FOR FURTHER INFORMATION CONTACT: Blackburn Drive, Gloucester, MA SUMMARY: The Commodity Futures Lieutenant Commander James Latsko, 01930–2298; phone (978)281–9200; fax Trading Commission (CFTC or agency) CNO (N775C2), 2000 Navy Pentagon, (978)281–9371; andSoutheast Region, in accordance with Section 515 of the NC–1, Washington, DC 20350–2000, NMFS, 9721 Executive Center Drive Treasury and General Government (703) 604–7392. Appropriations Act for Fiscal Year 2001 North, St. Petersburg, FL 33702–2432; SUPPLEMENTARY INFORMATION: This (Pub. L. 106–554; H.R. 5658) as phone (727)570–5301; fax (727)570– notice of closed meeting is provided per implemented by the final guidelines 5320. the Federal Advisory Committee Act (5 published by the Office of Management U.S.C. App. 2). The entire agenda will FOR FURTHER INFORMATION CONTACT: and Budget, Executive Office of the consist of classified information that is Tammy Adams or Ruth Johnson, President on September 28, 2001 (66 FR specifically authorized by Executive (301)713–2289. 49718) and on January 3, 2002 (67 FR Order to be kept secret in the interest of SUPPLEMENTARY INFORMATION: On July 369) (and reprinted in their entirety on national defense and is properly 22, 2002, notice was published in the February 22, 2002, 67 FR 8452), classified pursuant to such Executive Federal Register (67 FR 47774) that an ‘‘Guidelines for Ensuring and Order. Accordingly, the Secretary of the amendment of Permit No. 751–1614, Maximizing the Quality, Objectivity, Navy has determined in writing that all issued on March 7, 2002 (67 FR 11677), Utility, and Integrity of Information sessions of the meeting shall be closed had been requested by the above-named Disseminated by Federal Agencies,’’ has to the public because they concern organization. The requested amendment posted its report on the CFTC website, matters listed in 552b(c)(1) of title 5, has been granted under the authority of http://www.cftc.gov. This report U.S.C. the Marine Mammal Protection Act of provides the agency’s information 1972, as amended (16 U.S.C. 1361 et quality guidelines and explains how Dated: September 26, 2002. seq.), the Regulations Governing the such guidelines will ensure and R.E. Vincent II, Taking and Importing of Marine maximize the quality, objectivity, Lieutenant Commander, Judge Advocate Mammals (50 CFR part 216), the utility, and integrity of information, General’s Corps, U.S. Navy, Federal Register Endangered Species Act of 1973, as including statistical information, Liaison Officer. amended (ESA; 16 U.S.C. 1531 et seq.), disseminated by the CFTC. The report [FR Doc. 02–25216 Filed 10–3–02; 8:45 am] and the regulations governing the also details the administrative BILLING CODE 3810–FF–P taking, importing, and exporting of mechanism that will allow affected endangered and threatened species (50 persons to seek and obtain appropriate CFR parts 222–226). correction of information maintained DEPARTMENT OF EDUCATION The amended permit provides and disseminated by the CFTC that does authorization to import and export not comply with the OMB or agency National Advisory Committee on samples collected from the cetacean guidelines. Institutional Quality and Integrity species listed in the permit, within the (National Advisory Committee); FOR FURTHER INFORMATION CONTACT: territorial waters of any foreign country Meeting sanctioned by the United States and in Hilary E. Schultz, Chief Information accordance with the permit conditions. Officer, Commodity Futures Trading AGENCY: National Advisory Committee Issuance of this amendment, as Commission, 1155 21st Street, NW., on Institutional Quality and Integrity, required by the ESA was based on a Washington, DC 20581, email: Department of Education.

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What Is the Purpose of This Notice? What Are the Functions of the National graduate degrees for the preparation of Advisory Committee? teachers K–12) The purpose of this notice is to The Committee advises the Secretary Any third-party written comments announce the public meeting of the regarding these agencies that were National Advisory Committee and invite of Education about: • received by September 9, 2002, in third-party oral presentations before the The establishment and enforcement of the criteria for recognition of accordance with the Federal Register Committee. This notice also presents the notice published on July 24, 2002, will proposed agenda and informs the public accrediting agencies or associations under subpart 2 of part H of Title IV, become part of the official record. Those of its opportunity to attend this meeting. comments will be considered by the The notice of this meeting is required HEA. • The recognition of specific National Advisory Committee when it under section 10(a)(2) of the Federal reviews the agency’s petition for initial Advisory Committee Act. accrediting agencies or associations. • The preparation and publication of recognition at a future meeting. Another When and Where Will the Meeting the list of nationally recognized opportunity to provide written Take Place? accrediting agencies and associations. comments on the agency prior to that • The eligibility and certification meeting will be announced in a Federal We will hold the public meeting on Register notice requesting written December 2, 2002 from 10 a.m. until process for institutions of higher education under Title IV, HEA. comments. 5:30 p.m., on December 3, 2002 from • The agency listed below, originally 8:30 a.m. until 5:30 p.m., and on The development of standards and criteria for specific categories of scheduled for review at the National December 4, 2002 from 8:30 a.m. until Advisory Committee’s December 2002 approximately 12 p.m. at the Ritz vocational training institutions and institutions of higher education for meeting, will not be reviewed for the Carlton Hotel at Pentagon City, 1250 reason specified. South Hayes Street, Arlington, Virginia which there are no recognized 22202. You may call the hotel on (703) accrediting agencies, associations, or Petition for Renewal of Recognition State agencies in order to establish the 415–5000 to inquire about rooms. • Utah State Board for Applied interim eligibility of those institutions Technology Education What Assistance Will Be Provided to to participate in Federally funded This agency, because of recent State Individuals With Disabilities? programs. legislative changes, is not seeking • The relationship between: (1) The meeting site is accessible to renewal of recognition. Accreditation of institutions of higher individuals with disabilities. If you will education and the certification and What Agencies Will the Advisory need an auxiliary aid or service to eligibility of such institutions, and (2) Committee Review at the Meeting? participate in the meeting (e.g., State licensing responsibilities with interpreting service, assistive listening The Advisory Committee will review respect to such institutions. device, or materials in an alternate the following agencies during its • Any other advisory functions format), notify the contact person listed December 2–4, 2002 meeting. relating to accreditation and in this notice at least two weeks before institutional eligibility that the Nationally Recognized Accrediting the scheduled meeting date. Although Secretary may prescribe. Agencies we will attempt to meet a request received after that date, we may not be What Items Will Be on the Agenda for Petitions for Renewal of Recognition able to make available the requested Discussion at the Meeting? 1. Accrediting Council for Continuing auxiliary aid or service because of Agenda topics will include the review Education and Training (Current scope insufficient time to arrange it. of agencies that have submitted of recognition: The accreditation of Who Is the Contact Person for the petitions for renewal of recognition, institutions of higher education Meeting? requested an expansion of scope, or throughout the United States that offer submitted interim reports. The agenda non-collegiate continuing education Please contact Ms. Bonnie LeBold, the will also include the review of a Federal programs and those that offer Executive Director of the National institution that has requested degree- occupational associate degree Advisory Committee on Institutional granting authority for a master’s programs.) (Requested scope of Quality and Integrity, if you have program. The agencies listed below, recognition: The accreditation of questions about the meeting. You may which were tentatively scheduled for institutions of higher education contact her at the U.S. Department of review during the National Advisory throughout the United States that offer Education, room 7007, MS 7592, 1990 K Committee’s December 2002 meeting, non-collegiate continuing education St., NW, Washington, DC 20006, will be postponed for review until a programs and those that offer telephone: (202) 219–7009, fax: (202) future meeting. occupational associate degree programs, 219–7008, e-mail: including programs offered via distance [email protected]. Individuals who Petitions for Initial Recognition education.) use a telecommunications device for the • Commission on English Language 2. American Optometric Association, deaf (TDD) may call the Federal Program Accreditation (Requested scope Accreditation Council on Optometric Information Relay Service at 1–800– of recognition: The accreditation of Education (Current and Requested scope 877–8339. postsecondary English language of recognition: The accreditation in the What Is the Authority for the National programs and institutions in the United United States of professional optometric Advisory Committee? States) degree programs, optometric technician • Teacher Education Accreditation (associate degree) programs, and The National Advisory Committee on Council (Requested scope of optometric residency programs and for Institutional Quality and Integrity is recognition: The accreditation the preaccreditation categories of established under Section 114 of the throughout the United States of Preliminary Approval and Reasonable Higher Education Act (HEA) as professional education programs in Assurance for professional optometric amended, 20 U.S.C. 1011c. institutions offering baccalaureate and degree programs and Candidacy

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Pending for optometric residency programs offered via distance master’s, and/or doctoral degrees and programs in Veterans’ Administration education.) associate degree-granting institutions in facilities.) 7. National Association of Schools of those states that include degrees in 3. American Speech-Language- Music, Commission on Accreditation, liberal arts or general studies among Hearing Association, Council on Commission on Non-Degree-Granting their offerings, and the accreditation of Academic Accreditation (Current scope Accreditation, Commission on programs offered via distance education of recognition: The accreditation and Community/Junior College within these institutions. This preaccreditation (Candidacy status) Accreditation (Current scope of recognition extends to the Board of throughout the United States of Master’s recognition: The accreditation Trustees of the Association jointly with and doctoral-level degree programs in throughout the United States of the Commission for decisions involving speech-language pathology and/or institutions and units within preaccreditation, initial accreditation, audiology.) (Requested scope of institutions offering degree-granting and and adverse actions.) recognition: The accreditation and non-degree-granting programs in music 10. New England Association of preaccreditation (‘‘Accreditation and music-related disciplines, including Schools and Colleges, Commission on Candidate’’) throughout the United community/junior colleges and Technical and Career Institutions States of entry-level graduate education independent degree-granting and non- (Current scope of recognition: The programs at the master’s or doctoral degree-granting institutions.) (Requested accreditation and preaccreditation level leading to the first professional or scope of recognition: The accreditation (‘‘Candidate status’’) of secondary academic degree in audiology and/or throughout the United States of institutions with vocational-technical speech-language pathology and the institutions, including community/ programs at the 13th and 14th grade accreditation of these programs offered junior colleges and independent degree- level, postsecondary institutions, and via distance education.) granting and non-degree-granting institutions of higher education that 4. Midwifery Education Accreditation institutions, and units within provide primarily vocational/technical Council (Current scope of recognition: institutions offering degree-granting and education at the certificate, associate, The accreditation throughout the United non-degree-granting programs in music and baccalaureate degree levels in States of direct-entry midwifery and music-related disciplines, including Connecticut, Maine, Massachusetts, educational institutions and programs programs offered via distance New Hampshire, Rhode Island, and conferring degrees and certificates.) education.) Vermont. This recognition extends to 8. National Association of Schools of the Board of Trustees of the Association (Requested scope of recognition: The Theatre, Commission on Accreditation jointly with the Commission for preaccreditation and accreditation (Current scope of recognition: The decisions involving preaccreditation, throughout the United States of direct- accreditation throughout the United initial accreditation, and adverse entry midwifery educational institutions States of institutions and units within actions.) (Requested scope of and programs conferring degrees and institutions offering degree-granting and recognition: The accreditation and certificates, including the accreditation non-degree-granting programs in theatre preaccreditation (‘‘Candidate status’’) of of programs offered via distance and theatre-related disciplines.) secondary institutions with vocational- education.) (Requested scope of recognition: The technical programs at the 13th and 14th 5. National Association of Schools of accreditation throughout the United grade level, postsecondary institutions, Art and Design, Commission on States of institutions and units within and institutions of higher education that Accreditation (Current scope of institutions offering degree-granting and provide primarily vocational/technical recognition: The accreditation non-degree-granting programs in theatre education at the certificate, associate, throughout the United States of and theatre-related disciplines, and baccalaureate degree levels in institutions and units within including programs offered via distance Connecticut, Maine, Massachusetts, institutions offering degree-granting and education.) New Hampshire, Rhode Island, and non-degree-granting programs in art and 9. New England Association of Vermont, and the accreditation of design and art and design-related Schools and Colleges, Commission on programs offered via distance education disciplines.) (Requested scope of Institutions of Higher Education within these institutions. This recognition: The accreditation (Current scope of recognition: The recognition extends to the Board of throughout the United States of accreditation and preaccreditation Trustees of the Association jointly with institutions and units within (‘‘Candidacy status’’) of institutions of the Commission for decisions involving institutions offering degree-granting and higher education in Connecticut, Maine, preaccreditation, initial accreditation, non-degree-granting programs in art and Massachusetts, New Hampshire, Rhode and adverse actions.) design and art and design-related Island, and Vermont that award 11. North Central Association of disciplines, including programs offered bachelor’s, master’s, and/or doctoral Colleges and Schools, The Higher via distance education.) degrees and associate degree-granting Learning Commission (Current scope of 6. National Association of Schools of institutions in those states that include recognition: The accreditation and Dance, Commission on Accreditation degrees in liberal arts or general studies preaccreditation (‘‘Candidate for (Current scope of recognition: The among their offerings. This recognition Accreditation’’) of degree-granting accreditation throughout the United extends to the Board of Trustees of the institutions of higher education in States of institutions and units within Association jointly with the Arizona, Arkansas, Colorado, Illinois, institutions offering degree-granting and Commission for decisions involving Indiana, Iowa, Kansas, Michigan, non-degree-granting programs in dance preaccreditation, initial accreditation, Minnesota, Missouri, Nebraska, New and dance-related disciplines.) and adverse actions.) (Requested scope Mexico, North Dakota, Ohio, Oklahoma, (Requested scope of recognition: The of recognition: The accreditation and South Dakota, West Virginia, Wisconsin, accreditation throughout the United preaccreditation (‘‘Candidacy status’’) of Wyoming, including schools of the States of institutions and units within institutions of higher education in Navajo Nation.) (Requested scope of institutions offering degree-granting and Connecticut, Maine, Massachusetts, recognition: The accreditation and non-degree-granting programs in dance New Hampshire, Rhode Island, and preaccreditation (‘‘Candidate for and dance-related disciplines, including Vermont that award bachelor’s, Accreditation’’) of degree-granting

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institutions of higher education in criteria for recognition that was Proposed Master’s Degree-Granting Arizona, Arkansas, Colorado, Illinois, requested by the Secretary when the Authority Indiana, Iowa, Kansas, Michigan, Secretary granted renewed recognition 1. U.S. Marine Corps University, Minnesota, Missouri, Nebraska, New to the agency.) Quantico, VA (request to award a Mexico, North Dakota, Ohio, Oklahoma, 1. Accrediting Council for master’s degree of Operational Studies). South Dakota, West Virginia, Wisconsin, Independent Colleges and Schools Wyoming, including schools of the 2. American College of Nurse- Who Can Make Third-Party Oral Navajo Nation, and the accreditation of Midwives, Division of Accreditation Presentations at this Meeting? programs offered via distance education 3. American Council on We invite you to make a third-party within these institutions.) Pharmaceutical Education oral presentation before the National 12. Northwest Association of Schools 4. Commission on Opticianry Advisory Committee concerning the and of Colleges and Universities, Accreditation recognition of any agency published in Commission on Colleges and 5. Joint Review Committee on this notice. Universities (Current scope of Education in Radiologic Technology recognition: The accreditation and How Do I Request to Make an Oral 6. Joint Review Committee on preaccreditation (‘‘Candidacy status’’) of Presentation? Educational Programs in Nuclear postsecondary educational institutions You must submit a written request to Medicine Technology in Alaska, Idaho, Montana, Nevada, make an oral presentation concerning an 7. Western Association of Schools and Oregon, Utah, and Washington.) agency listed in this notice to the Colleges, Accrediting Commission for (Requested scope of recognition: The contact person so that the request is accreditation and preaccreditation Senior Colleges and Universities received via mail, fax, or e-mail no later (‘‘Candidacy status’’) of postsecondary State Agencies Recognized for the than November 8, 2002. Your request educational institutions in Alaska, Approval of Public Postsecondary (no more than 6 pages maximum) must Idaho, Montana, Nevada, Oregon, Utah, Vocational Education include: and Washington, and the accreditation • The names, addresses, phone of programs offered via distance Petition for Renewal of Recognition numbers, and fax numbers of all persons education within these institutions.) 1. Oklahoma Board of Career and seeking an appearance, 13. Western Association of Schools Technology Education (Current scope of • The organization they represent, and Colleges, Accrediting Commission recognition: The approval of public and • for Community and Junior Colleges postsecondary vocational education A brief summary of the principal (Current scope of recognition: The offered at institutions in the State of points to be made during the oral accreditation and preaccreditation Oklahoma that are not under the presentation. (‘‘Candidate for Accreditation’’) of jurisdiction of the Oklahoma State If you wish, you may attach community and junior colleges located Regents for Higher Education.) documents illustrating the main points in California, Hawaii, the United States of your oral testimony. Please keep in territories of Guam and American State Agencies Recognized for the mind, however, that any attachments Samoa, the Republic of Palau, the Approval of Nurse Education are included in the 6-page limit. Please Federated States of Micronesia, the Petition for Renewal of Recognition do not send materials directly to Commonwealth of the Northern Mariana Committee members. Only materials Islands, and the Republic of the 1. Iowa Board of Nursing. submitted by the deadline to the contact Marshall Islands.) (Requested scope of 2. Maryland Board of Nursing. person listed in this notice and in recognition: The accreditation and Federal Agency Seeking Degree- accordance with these instructions preaccreditation (‘‘Candidate for Granting Authority become part of the official record and Accreditation’’) of community and are considered by the Committee in its junior colleges located in California, In accordance with the Federal policy deliberations. Documents received after Hawaii, the United States territories of governing the granting of academic the November 8, 2002 deadline will not Guam and American Samoa, the degrees by Federal agencies (approved be distributed to the Advisory Republic of Palau, the Federated States by a letter from the Director, Bureau of Committee for their consideration. of Micronesia, the Commonwealth of the Budget, to the Secretary, Health, Individuals making oral presentations the Northern Mariana Islands, and the Education, and Welfare, dated may not distribute written materials at Republic of the Marshall Islands, and December 23, 1954), the Secretary is the meeting. required to establish a review committee the accreditation of programs offered via If I Cannot Attend the Meeting, Can I distance education at these colleges.) to advise the Secretary concerning any legislation that may be proposed that Submit Written Comments Regarding Petition for an Expansion of Scope would authorize the granting of degrees an Accrediting Agency in Lieu of 1. National Accrediting Commission by a Federal agency. The review Making an Oral Presentation? of Cosmetology Arts and Sciences committee forwards its recommendation This notice requests third-party oral (Current scope of recognition: The concerning a Federal agency’s proposed testimony, not written comment. A accreditation of postsecondary schools degree-granting authority to the request for written comments on and departments of cosmetology arts Secretary, who then forwards the agencies that are being reviewed during and sciences.) (Requested scope of committee’s recommendation and the this meeting, with the exception of the recognition: The accreditation Secretary’s recommendation to the National Accrediting Commission of throughout the United States of Office of Management and Budget for Cosmetology Arts and Sciences, was postsecondary schools and departments review and transmittal to the Congress. published in the Federal Register on of cosmetology arts and sciences and The Secretary uses the Advisory July 24, 2002. A request for written massage therapy.) Committee as the review committee comments on the petition for an Interim Reports (An interim report is required for this purpose. Accordingly, expansion of scope submitted by the a follow-up report on an accrediting the Advisory Committee will review the National Accrediting Commission of agency’s compliance with specific following institution at this meeting: Cosmetology Arts and Sciences will be

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published in the Federal Register in the DEPARTMENT OF ENERGY (2) Current OMB Control Number: near future. The Advisory Committee 1910–0400; (3) Type of Respondents: will receive and consider only written Agency Information Collection Under DOE financial assistance applicants and comments submitted by the applicable Review by the Office of Management awardees; (4) Estimated Number of deadlines specified in the Federal and Budget (OMB) Responses: 44,457; (5) Estimated Total Register notices referenced above. AGENCY: Department of Energy. Burden Hours: 15,544, including recordkeeping hours, required to ACTION: Submission for OMB review; How Do I Request to Present Comments provide the information; (6) Purpose: comment request. Regarding General Issues Rather Than This information is required by the Specific Accrediting Agencies? SUMMARY: The Department of Energy Department to ensure that programmatic (DOE) has submitted an information and administrative management At the conclusion of the meeting, the collection package to the OMB for requirements and resources are Committee, at its discretion, may invite renewal under the Paperwork Reduction managed efficiently and effectively and attendees to address the Committee Act of 1995. The package requests a 3- to exercise management oversight of briefly on issues pertaining to the year extension of its financial assistance DOE award recipients; (7) Number of functions of the Committee, which are information collection, OMB Control Collections: The package contains 58 listed earlier in this notice. If you are Number 1910–0400, titled ‘‘Financial information and/or recordkeeping interested in making such comments, Assistance’’. This information collection requirements. you should inform Ms. LeBold before or package covers information necessary to Statutory Authority: Section 3506(c)(2)(A) during the meeting. solicit, negotiate, award and administer of the Paperwork Reduction Act of 1995 grants and cooperative agreements How May I Obtain Access to the (Pub. L. No. 104–13). under the Department’s financial Records of the Meeting? Issued in Washington, DC, on September assistance programs. The information is 30, 2002. We will record the meeting and make used by Departmental management to Susan L. Frey, a transcript available for public exercise management oversight, with Director, Records Management Division, inspection at the U.S. Department of respect to the implementation of Office of Records and Business Management, Education, 1990 K St., NW, Washington, applicable statutory and regulatory Office of the Chief Information Officer. requirements and obligations. The DC 20006 between the hours of 9 a.m. [FR Doc. 02–25256 Filed 10–3–02; 8:45 am] collection of this information is critical and 4:30 p.m., Monday through Friday, BILLING CODE 6450–01–P to ensure the Government has sufficient except Federal holidays. It is preferred information to judge the degree to that an appointment be made in which awardees meet the terms of their DEPARTMENT OF ENERGY advance of such inspection. agreements; that public funds are being How May I Obtain Electronic Access to spent in the manner intended; and that Office of Science Financial Assistance This Document? fraud, waste, and abuse are immediately Program Notice 03–04: Joint detected and eliminated. Interagency Program on You may view this document, as well DATES AND ADDRESSES: Comments Phytoremediation Research as all other Department of Education regarding the information collection AGENCY: Department of Energy (DOE). documents published in the Federal package should be submitted to the ACTION: Notice inviting grant Register, in text or Adobe Portable OMB Desk Officer at the following applications. Document Format (PDF) on the Internet address no later than November 4, 2002. at the following site: http://www.ed.gov/ DOE Desk Officer, Office of Information SUMMARY: The Office of Biological and legislation/FedRegister. To use PDF you and Regulatory Affairs (OIRA), Office of Environmental Research (OBER) of the must have Adobe Acrobat Reader, Management and Budget, Docket Office of Science (SC), U.S. Department which is available free at this site. If you Library, Room 10102, 725 17th Street, of Energy (DOE), hereby announces its have questions about using PDF, call the NW., Washington, DC 20503. If you interest in receiving applications for U.S. Government Printing Office (GPO), anticipate that you will be submitting research grants in the Joint Interagency toll free, at 1–888–293–6498; or in the comments, but find it difficult to do so Program on Phytoremediation Research. Washington, DC, area at (202) 512–1530. within the period of time allowed by The DOE is cooperating with the this notice, you should advise the OMB National Science Foundation, the Office Note: The official version of this document Desk Officer of your intention to do so of Naval Research, and the Strategic is the document published in the Federal as soon as possible. The Desk Officer Environmental Research and Register. Free Internet access to the official may be telephoned at (202) 395–3087. Development Program in this joint edition of the Federal Register and the Code FOR FURTHER INFORMATION CONTACT: announcement. The focus of the of Federal Regulations is available on GPO Susan L. Frey , Director, Records program is on basic research projects Access at: http://www.access.gpo.gov/nara/ Management Division, Office of Records that address the fundamental index.html and Business Management, Office of the mechanisms of interactions between Authority: 5 U.S.C. Appendix 2. Chief Information Officer, U.S. plants, microorganisms, and Department of Energy, Washington, DC contaminant chemicals in soils, Dated: September 26, 2002. 20585–1290, (301) 903–3666, or e-mail sediments and water (potentially Sally L. Stroup, [email protected]. (Also notify marine, estuarine, or freshwater Assistant Secretary for Postsecondary Richard B. Langston, Office of systems) that result in the degradation, Education. Procurement and Assistance Policy extraction, volatilization, or [FR Doc. 02–25210 Filed 10–3–02; 8:45 am] (ME–61), Washington, DC 20585 or e- stabilization of the contaminant. BILLING CODE 4000–01–P mail [email protected].) Contaminants of interest include SUPPLEMENTARY INFORMATION: The organic pollutants, radionuclides and package contains: (1) Title: Financial metals. Information derived from such Assistance; research should provide the knowledge

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base to develop the effective use of Dr. Bruce Hamilton, 703–292–7066, more economical, effective alternative plants to remediate hazardous wastes in Division of Bioengineering and that is acceptable to the public. While the environment. This program is not Environmental Systems, National specific phytoremediation approaches appropriate for the simple field testing Science Foundation, vary, the contaminant is either removed of plant species for their utility in [email protected]. from soils and sediments for disposal or phytoremediation or the specific Dr. Sharman D. O’Neill, 703–292–7888, recycling, or left in place following application of phytoremediation to a Division of Integrative Biology and stabilization. Research to elucidate basic particular waste site. Neuroscience, National Science mechanisms of phytoremediation and in DATES: The deadline for receipt of Foundation, [email protected]. contemplation of totally new formal applications is 4:30 p.m., E.S.T., Dr. Andrea Leeson, 703–696–2118, applications (e.g., ‘‘phycoremediation’’ January 15, 2003, to be accepted for Strategic Environmental Research and using estuarine/marine algae, seaweeds merit review and to permit timely Development Program, and sea grasses) could ultimately lead to consideration for awards late in Fiscal [email protected]. the development of a potentially Year 2003. SUPPLEMENTARY INFORMATION: valuable remediation strategy. ADDRESSES: We encourage you to submit Contaminants of concern have Phytoremediation has been applied in formal applications in response to this accumulated in various environmental a limited fashion for the clean up of solicitation electronically through media (soils, sediments, groundwater, both metals and organic pollutants in DOE’s Industry Interactive Procurement seawater) as a consequence of soils. Because metals cannot be System (IIPS) at: http://e-center.doe.gov/ anthropogenic activities. To reduce risk degraded beyond their elemental states, . IIPS provides for the posting of to humans or the environment, remedial bioremediation of metals and solicitations and receipt of applications technologies may be employed to radionuclides in soils and other in a paperless environment via the remove, transform or reduce the environmental media has been Internet. Applications must be concentration or bioavailability of particularly difficult and expensive. The submitted through IIPS in PDF format potentially harmful contaminants. general strategies for phytoremediation by an authorized institutional business Contaminants (and corresponding of soil metals and/or radionuclides are official. Questions regarding the media) for which harmful effects have (1) to phytoextract the contaminants operation of IIPS may be e-mailed to the been documented include: into the plant shoots for recycling or IIPS Help Desk at: HelpDesk@e- • Cd, Pb, Se in soils—Human disease less expensive disposal, and (2) to center.doe.gov or you may call the help and retardation; phytostabilize the elements through desk at: (800) 683–0751. Further • Se in soil—Livestock and wildlife binding with organic matter into information on the use of IIPS by the poisoning; persistently non-bioavailable forms. Office of Science is available at: • Mo in soil—Ruminant livestock Phytovolatilization, a process that may http://www.sc.doe.gov/production/ poisoning; also remove metals from soil or water to grants/grants.html. • Zn, Ni, Cu in acidic soils resulting air, has also been considered. The basic If you are unable to submit the from mines/smelting operations— genetic, biochemical, physiological, application through IIPS, formal Phytotoxicity to sensitive plants; ecological, and environmental applications may be sent to: U.S. • Organotin and Cu (from marine mechanisms are not well known for any Department of Energy, Office of Science, ship paints) in seawater/sediments— of these processes. Grants and Contracts Division, SC–64/ accumulation in estuarine shellfish and Mechanisms similar to the Germantown Building, 1000 other benthic biota; phytoextraction and phytovolatilization Independence Avenue, SW., • Polycyclic aromatic hydrocarbons of metals may also apply to the Washington, DC 20585–1290. ATTN: (PAH’s, all media)—Human treatment of organic contaminants. In Program Notice 03–04. carcinogens/mutagens; addition, the excretion of bioactive root When submitting applications by U.S. • Polychlorinated biphenyls and exudates is an important route for either Postal Service Express Mail, any dioxins (all media)—Endocrine direct, enzymatic degradation of commercial mail delivery service, or disruption in many organisms; contaminants, as is the stimulation of when hand carried by the applicant, the carcinogens; the root-colonizing microbial following address must be used: U.S. • Radionuclides such as Ur, Tc, Cs, Sr assemblage. Observations from field Department of Energy, Office of Science, from the legacy of nuclear weapons tests indicate that many plants have the Grants and Contracts Division, SC–64, production, in surface soils and capacity to extract and degrade certain 19901 Germantown Road, Germantown, subsurface environments—Chemical, organic chemicals. However, there is MD 20874–1290, ATTN: Program Notice radiological and genetic toxicity; little information available about the use 03–04. • Energetic compounds [such as of phytoremediation in contaminated FURTHER INFORMATION/CONTACTS: The trinitrotoluene; 1,3,5,7-tetranitro-1,3,5,7- marine environments. Potential full text of Program Notice 03–04 is tetrazocine (HMX); 1,3,5-trinitro-1,3,5- scenarios for use of either submerged available via the Internet using the triazine (RDX); picric acid; and plants (e.g., seaweeds, sea grasses, algae) following web site address: http:// degradation products] in estuarine planted on site, or used in conjunction www.sc.doe.gov/production/grants/ sediments—toxicity toward various with confined aquatic disposal sites grants.html. Further information, if estuarine/freshwater species; and may be envisioned. needed, may be obtained from the • Hg and As from a range of sources, Thus, in many situations, plants may Agency officials indicated below. E-mail in all media—may also create risks to offer an alternative means for clean-up inquiries are preferred. humans and the environment. of recalcitrant hazardous wastes. Dr. Anna Palmisano, 301–903–9963, Although some of these contaminants However, in most successful examples Department of Energy, can be remedied by conventional of phytoremediation, we lack [email protected] . technologies, such as excavation/ information about the basic mechanisms Dr. Linda Chrisey, 703–696–4504, Office incineration, pump-and-treat, or plants employ to extract and/or degrade of Naval Research, dredging, phytoremediation, or the use contaminants from polluted [email protected]. of plants for remediation, may offer a environments.

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Program Description specific application of for competition by DOE National The need to prevent or ameliorate phytoremediation to particular Laboratories under a separate adverse environmental effects of environmental contamination problems. solicitation (LAB 03–04). Applications persistent soil and sediment Applications for such research will not may request project support up to three contaminants, and to do so at lower cost be considered. However, mechanistic years, with an upper limit of $150,000 than existing technologies, has brought studies conducted under field per year. Out-year support is contingent increased attention to conditions are desirable. To avoid the on availability of funds, progress of the high cost of establishing new field phytoremediation. This program notice research and programmatic needs of the research sites, field studies should use solicits applications for research supporting agency. Each project selected well-instrumented, characterized, and projects that address the fundamental for support will be funded by a single documented sites. Some appropriate mechanisms of interactions between agency. The PI’s will be notified by the sites that are available for field research plants, microorganisms, and agency program manager of the need for are listed below. The named individuals contaminant chemicals in soils, additional agency-specific forms or should be contacted to ascertain the sediments and water (potentially procedures. logistical and financial arrangements marine, estuarine, or freshwater that will be necessary for research that Merit Review systems), which result in the is proposed at the site and these Applications will be subjected to degradation, extraction, volatilization, arrangements should be reflected in the formal merit review (peer review) and or stabilization of the contaminant. application. will be evaluated against the following Such research should address relevant • Various Department of Energy sites; evaluation criteria which are listed in aspects of plant-microorganism- Contact: Mr. Paul Bayer, 301–903–5324, descending order of importance codified contaminant interactions, including the [email protected] at 10 CFR 605.10(d): phenomena of biodegradation, • Various Department of Navy sites; 1. Scientific and/or Technical Merit of biotransformation, extraction, and Contact: Dr. Linda Chrisey, 703–696– the Project; hyperaccumulation of contaminants by 4504, [email protected] 2. Appropriateness of the Proposed plants. Information derived from such • The U.S. Navy’s Port Hueneme, CA, Method or Approach; research should inform efforts to site; Contact: Mr. Ernie Lory, 805–982– 3. Competency of Applicant’s develop the effective use of plants to 1299, FAX: 805–982–4304, Personnel and Adequacy of Proposed remediate hazardous wastes. For [email protected] Resources; example, collaborations among life • Dover Air Force Base, DE; Contact: 4. Reasonableness and scientists, environmental chemists and Tim McHale, 302–677–4147, FAX: 302– Appropriateness of the Proposed engineers are encouraged. 677–6837, [email protected] Budget. Examples of research on organic, Applicants must document where any Also, as part of the evaluation, metal or radionuclide contamination proposed field research will be program policy factors become a that might be addressed include the conducted and must include a letter selection priority. Note, external peer following: from the site management indicating reviewers are selected with regard to • Extent and mechanisms of plant- their commitment to participate in the both their scientific expertise and the microorganism interactions that research. Arrangements must be made absence of conflict-of-interest issues. facilitate phytoremediation; in advance regarding the possible need Federal and non-federal reviewers will • Soil/sediment geochemistry, for funding of activities at the field site. be used, and submission of an fertility, and cultivation practices that Do not presume that site management application constitutes agreement that influence plant-microorganism- will be able to cover add-on research this is acceptable to the investigator(s) contaminant interactions; costs. and the submitting institution. • Environmental factors (e.g., This solicitation is offered under the Submission Information temperature, rainfall) that influence auspices of the Environmental phytoremediation; Biotechnology Task Force, Information about the development, • Molecular biological basis of Biotechnology Research Working Group, submission of applications, eligibility, contaminant hyperaccumulation by Subcommittee on Biotechnology, limitations, evaluation, the selection plants that will facilitate more efficient Committee on Science of the National process, and other policies and phytoremediation; Science and Technology Council procedures may be found in 10 CFR part • Fundamental processes by which (NSTC). A more detailed statement of 605, and in the Application Guide for plants take up or transform interagency interests and priorities in the Office of Science Financial radionuclides or metals from bioremediation research can be found in Assistance Program. Electronic access to contaminated soils and groundwater; the Environmental Biotechnology SC’s Financial Assistance Application • Biochemical and genetic basis for chapter of the NSTC report, Guide is possible via the World Wide enhanced biotransformation of organic Biotechnology for the 21st Century: New Web at: http://www.sc.doe.gov/ contaminants by plants and associated Horizons http://www.nalusda.gov/bic/ production/grants/grants.html. DOE is microorganisms; and bio21. under no obligation to pay for any costs • Potential for use of marine/ associated with the preparation or estuarine plants for phytoremediation, Funds Available submission of applications. In addition, to include study of biochemical or It is anticipated that up to $3 million for this notice, the research description genetic mechanisms of resistance, and/ will be available for multiple awards to must be 20 pages or less, exclusive of or the development of molecular biology be made in Fiscal Year 2003 in the attachments, and must contain an techniques for genetic manipulation of categories described above, contingent abstract or summary of the proposed marine seaweeds/sea grasses. on availability of appropriated funds, research (to include the hypotheses This program is not appropriate for and the programmatic relevance of being tested, the proposed experimental the simple field testing of plant species recommended projects to the design, and the names of all for their utility in phytoremediation or participating agencies. An additional investigators and their affiliations). the development of systems for the sum, up to $1 million, will be available Attachments should include short (two

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pages) curriculum vitae, a listing of all ADDRESSES: Charleston Riverview Hotel, Minutes: The minutes of this meeting current and pending federal support and 170 Lockwood Drive, Charleston, SC will be available for public review and letters of intent when collaborations are 29403. copying at the Freedom of Information part of the proposed research. FOR FURTHER INFORMATION CONTACT: Public Reading Room, 1E–190, Forrestal Curriculum vitae should be submitted Gerri Flemming, Science Technology & Building, 1000 Independence Avenue, in a form similar to that of NIH or NSF Management Division, Department of SW., Washington, DC, 20585 between 9 (two to three pages), see for example: Energy Savannah River Operations a.m. and 4 p.m., Monday through http://www.nsf.gov:80/bfa/cpo/gpg/ Office, PO Box A, Aiken, SC 29802; Friday, except Federal holidays. fkit.htm#forms-9. Phone: (803) 725–5374. Minutes will also be available by The Office of Science as part of its writing to Gerri Fleming, Department of SUPPLEMENTARY INFORMATION: Purpose of grant regulations requires at 10 CFR the Board: The purpose of the Board is Energy Savannah River Operations 605.11(b) that a recipient receiving a to make recommendations to DOE and Office, PO Box A, Aiken, SC 29802, or grant and performing research involving its regulators in the areas of by calling her at (803) 725–5374. recombinant DNA molecules and/or environmental restoration, waste Issued at Washington, DC on September organisms and viruses containing management, and related activities. 30, 2002. recombinant DNA molecules shall Rachel M. Samuel, comply with the NIH ‘‘Guidelines for Tentative Agenda Deputy Advisory Committee Management Research Involving Recombinant DNA Monday, October 21, 2002 Officer. Molecules,’’ which is available via the 3 p.m.—Long-Term Stewardship Committee [FR Doc. 02–25339 Filed 10–3–02; 8:45 am] world wide web at: http:// 5 p.m.—Executive Committee BILLING CODE 6450–01–P www.niehs.nih.gov/odhsb/biosafe/nih/ 6:30 p.m.—Public Comment Session rdna-apr98.pdf, (59 FR 34496, July 5, 7 p.m.—Committee Meetings 1994), or such later revision of those 9 p.m.—Adjourn DEPARTMENT OF ENERGY guidelines as may be published in the Tuesday, October 22, 2002 Federal Register. Grantees must also 8:30–9 a.m.—Approval of Minutes; Agency Federal Energy Regulatory comply with other federal and state Updates; Public Comment Session; Commission laws and regulations as appropriate; for Facilitator Update [Project No. P–2375–035] example, the Toxic Substances Control 9–9:30 a.m.—Chair Update Act (TSCA) as it applies to genetically 9:30–11 a.m.—Strategic and Long-Term International Paper Company; Notice modified organisms. Although Issues Committee of Availability of Environmental compliance with NEPA is the 11–11:45 a.m.—Nuclear Materials Committee Assessment responsibility of DOE, grantees Report proposing to conduct field research are 11:45–12 a.m.—Public Comments 12 noon Lunch Break September 30, 2002. expected to provide information 1–1:45 p.m.—Administrative Committee In accordance with the National necessary for the DOE to complete the Report Environmental Policy Act of 1969, as NEPA review and documentation. —Bylaws Amendment Proposal amended, and the Federal Energy (The Catalog of Federal Domestic Assistance —Presentation of 2003 Candidates Regulatory Commission’s (Commission) Number for this program is 81.049, and the 1:45–2 p.m.—Long-Term Stewardship regulations (18 CFR part 380), Committee solicitation control number is ERFAP 10 CFR Commission staff have reviewed an part 605) 2–3:15 p.m.—Waste Management Committee Report application for a non-capacity related Issued in Washington, DC on September 3:15–3:50 p.m.—Environmental Restoration license amendment at the Riley-Jay- 27, 2002. Committee Livermore Project, FERC No. 2375, and John Rodney Clark, 3:50–4 p.m.—Public Comments have prepared an Environmental Associate Director of Science for Resource 4 p.m.—Adjourn Assessment (EA) on the application. Management. If needed, time will be allotted after The project is located on Androscoggin [FR Doc. 02–25257 Filed 10–3–02; 8:45 am] public comments for items added to the River at the junction of Franklin, BILLING CODE 6450–03–P agenda, and administrative details. A Androscoggin, and Oxford Counties, final agenda will be available at the Maine. meeting Monday, October 21, 2002. Specifically, the project licensee DEPARTMENT OF ENERGY Public Participation: The meeting is (International Paper Company) has open to the public. Written statements requested Commission approval to Environmental Management Site- may be filed with the Board either amend the present license to maintain Specific Advisory Board, Savannah before or after the meeting. Individuals the existing Livermore powerhouse as River who wish to make the oral statements is, and construct a new powerhouse to AGENCY: Department of Energy. pertaining to agenda items should contain a single new turbine and ACTION: Notice of open meeting contact Gerri Flemming’s office at the generator with an installed capacity of address or telephone listed above. 1 MW. This unit will discharge into the SUMMARY: This notice announces a Requests must be received five days upper portion of the lower bypass reach meeting of the Environmental prior to the meeting and reasonable and will serve as a minimum flow unit Management Site-Specific Advisory provision will be made to include the with a hydraulic capacity of 450 cfs, Board (EM SSAB), Savannah River. The presentation in the agenda. The which would bring the Livermore Federal Advisory Committee Act (Pub. Designated Federal Officer is development’s total hydraulic capacity L. 92–463, 86 Stat.770) requires that empowered to conduct the meeting in a to 3,906 cfs, instead of the authorized public notice of these meetings be fashion that will facilitate the orderly hydraulic capacity of 5,400 cfs. The announced in the Federal Register. conduct of business. Each individual authorized installed capacity of the DATES: Monday, October 21, 2002—3 wishing to make public comment will project would be reduced from 23,185 p.m.–9 p.m. Tuesday, October 22, be provided equal time to present their kW to 19,725 kW. In the EA, 2002—8 a.m.–4 p.m. comments. Commission staff have analyzed the

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probable environmental effects of the environmental analysis and soliciting Prohibited communications will be proposed amendment and have comments, recommendations, terms and included in a public, non-decisional file concluded that approval of the proposal, conditions, and prescriptions for Lytle associated with, but not part of, the with appropriate environmental Creek Hydroelectric Project No. 1932, decisional record of the proceeding. measures, would not constitute a major located on the Lytle Creek near the town Unless the Commission determines that Federal action significantly affecting the of Devore, San Bernardino County, the prohibited communication and any quality of the human environment. California. The notice established responses thereto should become part of Copies of the EA are available for August 31, 2001, as the deadline for the decisional record, the prohibited off- review in Public Reference Room 2–A of filing motions to intervene in this the-record communication will not be the Commission’s offices at 888 First proceeding. considered by the Commission in Street, NE., Washington, DC. The EA On April 22, 2002, the State Water also may be viewed on the Resources Control Board, filed a motion reaching its decision. Parties to a Commission’s Internet Web site (http:// to intervene in this proceeding. Granting proceeding may seek the opportunity to www.ferc.gov) using the ‘‘FERRIS’’ link. the late motion to intervene will not respond to any facts or contentions Additional information about the unduly delay or disrupt the proceeding made in a prohibited off-the-record project is available from the or prejudice other parties to it. communication, and may request that Commission’s Office of External Affairs, Therefore, pursuant to Rule 214,1 the the Commission place the prohibited at (202) 502–6088 or on the motion to intervene filed in this communication and responses thereto Commission’s Web site using the proceeding by the State Water Resources in the decisional record. The FERRIS link. Click on the FERRIS link, Control Board is granted, subject to the Commission will grant such requests enter the docket number excluding the Commission’s rules and regulations. only when it determines that fairness so last three digits in the Docket Number Linwood A. Watson, Jr., requires. Any person identified below as field. Be sure you have selected an having made a prohibited off-the-record Deputy Secretary. appropriate date range. For assistance communication should serve the [FR Doc. 02–25260 Filed 10–3–02; 8:45 am] with FERRIS, the FERRIS helpline can document on all parties listed on the be reached at 1–866–208–3676, TTY BILLING CODE 6717–01–P official service list for the applicable (202) 502–8659, or by e-mail to proceeding in accordance with Rule [email protected]. 2010, 18 CFR 385.2010. The FERRIS link on the FERC’s Internet DEPARTMENT OF ENERGY website also provides access to the texts Exempt off-the-record Federal Energy Regulatory communications will be included in the of formal documents issued by the Commission Commission, such as orders, notices, decisional record of the proceeding, and rulemakings. [Docket No. RM98–1–000] unless the communication was with a cooperating agency as described by 40 Linwood A. Watson, Jr., Regulations Governing Off-the-Record CFR 1501.6, made under 18 CFR Deputy Secretary. Communications; Public Notice 385.2201(e)(1)(v). [FR Doc. 02–25259 Filed 10–3–02; 8:45 am] September 30, 2002. The following is a list of exempt and BILLING CODE 6717–01–P This constitutes notice, in accordance prohibited off-the-record with 18 CFR 385.2201(h), of the receipt communications recently received in DEPARTMENT OF ENERGY of exempt and prohibited off-the-record the Office of the Secretary. These filings communications. are available for review at the Federal Energy Regulatory Order No. 607 (64 FR 51222, Commission in the Public Reference Commission September 22, 1999) requires Room or may be viewed on the Commission decisional employees, who Commission’s Web site at http:// [Project Nos. 1932–004, 1933–010, and make or receive an exempt or a 1934–010] www.ferc.gov using the ‘‘FERRIS’’ link. prohibited off-the-record communication relevant to the merits of Enter the docket number excluding the Southern California Edison Company; last three digits in the docket number Notice Granting Late Intervention a contested on-the-record proceeding, to deliver a copy of the communication, if field to access the document. For September 30, 2002. written, or a summary of the substance Assistance, call (202) 502–8222 or for On May 15, 2001, the Commission of any oral communication, to the TTY, (202) 208–1659. issued a notice of application ready for Secretary.

EXEMPT

Docket No. Date filed Presenter or requester

1. Project No. 1494–000 ...... 8–22–02 Edward and Karen James. 2. CP01–415–000 ...... 9–03–02 Donald R. Joyce. 3. Project No. 1354–000 ...... 9–26–02 Dave Miller (Van Button). 4. CP02–37–000 ...... 9–27–02 Kurt Schweiger. 5. CP02–45–000 ...... 9–27–02 Matthew J. Satterwhite. 6. Project No. 2661–012 ...... 9–27–02 Tom Jereb. 7. CP01–415–000 ...... 9–27–02 John and Laura Cobler. 8. CP01–384–000 ...... 9–27–02 William C. Horne. 9. CP01–415–000 ...... 9–27–02 Jason L. Brown. 10. CP02–396–000 ...... 9–27–02 The Honorable Eric Cantor. 11. CP01–415–000 ...... 9–30–02 John and Laura Cobler.

1 18 CFR 385.214 (2001).

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EXEMPT—Continued

Docket No. Date filed Presenter or requester

12. Project No. 1494–243 ...... 9–30–02 Rodger Tucker.

Linwood A. Watson, Jr., EPA ICR No. 2030.01; Reliability, approved 08/14/2002; expires 08/31/ Deputy Secretary. Validity, and Variability in Behavioral 2005. [FR Doc. 02–25258 Filed 10–3–02; 8:45 am] Determinants of Drinking Water EPA ICR No. 2056.01; National BILLING CODE 6717–01–P Disinfection By-Product Exposure; was Emission Standards for Hazardous Air approved 08/20/2002; OMB No. 2080– Pollutants; Miscellaneous Metal Parts 0067; expires 08/31/2005. and Products Surface Coating ENVIRONMENTAL PROTECTION EPA ICR No. 1100.11; National Operations; in 40 CFR part 63, subpart AGENCY Emission Standards for Hazardous Air MMMM; OMB No. 2060–0486; was Pollutants: Radionclides in 40 CFR part approved 8/19/2002; expires 08/31/ [FRL–7390–5] 61, subparts B, H, K, R and W; was 2005. approved 8/26/2002; OMB No. 2060– EPA ICR No. 1852.02; Exclusion Agency Information Collection 0191; expires 08/31/2005. Determinations for New Non-road Activities; OMB Responses EPA ICR No. 1788.03; NESHAP: Oil Spark-ignited Engines at or Below 19 AGENCY: Environmental Protection and Natural Gas Production in 40 CFR Kilowatts, New Non-road Compression- Agency (EPA). part 63, subpart HH was approved 08/ ignited Engines New Marine Engines, ACTION: Notice. 26/2002; OMB No. 2060–0417; expires and New on-road Heavy Duty Engines; 08/31/2005. in 40 CFR part 85; was approved on 8/ SUMMARY: This document announces the EPA ICR No. 1983.02; NESHAP for 21/2002; OMB No. 2060–0395; expires Office of Management and Budget’s Source Categories: Generic Maximum 08/31/2005. (OMB) responses to Agency clearance Achievable Control Technology Short Term Extensions requests, in compliance with the Standards (Final Rule); in 40 CFR part Paperwork Reduction Act (44 U.S.C. 63, subpart YY; OMB No. 2060–0489; EPA ICR No. 1286.05; Used Oil 3501 et. seq.). An agency may not was approved 08/29/2002; expires 08/ Management Standards Recordkeeping conduct or sponsor, and a person is not 31/2005. and Reporting Requirements; in 40 CFR required to respond to, a collection of EPA ICR No. 1974.02; National 279.10; 279.11, 279.42–279.44, 279.52– information unless it displays a Emission Standards for Hazardous Air 279.55, 279.57, 279.63 and 279.82; OMB currently valid OMB control number. Pollutants for Cellulose Products No. 2050–0124; on 08/29/2002 OMB The OMB control numbers for EPA’s Manufacturing (Final Rule); in 40 CFR extended the expiration date through regulations are listed in 40 CFR part 9 part 63, subparts F, G, H and UU; was 09/30/2002. and 48 CFR chapter 15. approved 08/30/2002; OMB No. 2060– EPA ICR No. 0601.06; FIFRA Section FOR FURTHER INFORMATION CONTACT: 0488; expires 08/31/2005. 29 Annual Report on Conditional Susan Auby at (202) 566–1672, or e-mail EPA ICR No. 2063.01; 2003 Report to Registrations; OMB No. 2070–0026; on at [email protected]. and please refer Congress on Impacts and Control of 08/30/2002 OMB extended the to the appropriate EPA Information Combined Sewer Overflows and expiration date through 11/30/2002. Collection Request (ICR) Number. Sanitary Sewer Overflows; was EPA ICR No. 0595.07; Notice of approved 09/16/2002; OMB No. 2040– Pesticide Registration by States to Meet SUPPLEMENTARY INFORMATION: 0248; expires 07/31/2003. a Special Local Need—Section 24(c); OMB Responses to Agency Clearance EPA ICR No. 0138.07; Modification of OMB No. 2070–0055; on 08/30/2002 Requests Secondary Treatment Requirements for OMB extended the expiration date Discharges into Marine Waters; in 40 through 11/30/2002. OMB Approvals CFR part 125, subpart G; was approved EPA ICR No. 0161.08; Foreign EPA ICR No. 0988.08 Water Quality 09/16/2002; OMB No. 2040–0088; Purchaser Acknowledgment Statement Standards Regulation in 40 CFR part expires 09/30/2005. of Unregistered Pesticides; OMB No. 131; was approved 08/20/2002; OMB EPA ICR No. 0982.07; NSPS for 2070–0027; on 08/30/2002 OMB No. 2040–0049; expires 08/31/2005. Metallic Mineral Processing Plants extended the expiration date through EPA ICR No. 1688.04; RCRA (subpart LL); in 40 CFR part 60, subpart 11/30/2002. Expanded Public Participation; in 40 LL; was approved 09/06/2002; OMB No. EPA ICR No. 1188.06; Significant New CFR 124.31–124.33, 270.62, and 270.66; 2060–0016; expires 09/30/2005. Use Rules for Existing Chemicals— was approved 08/16/2002; OMB No. EPA ICR No. 1789.03; NESHAP: TSCA Section 5(a); OMB No. 2070– 2050–0149; expires 08/31/2005. Natural Gas Transmission and Storage 0038; on 08/30/2002 OMB extended the EPA ICR No. 2081.01; National Facilities in 40 CFR part 63, subpart expiration date through 11/30/2002. Epidemiological and Environmental HHH; was approved 09/04/2002; OMB EPA ICR No. 1912.01; Information Assessment of Recreational Water Study No. 2060–0418; expires 09/30/2005. Collection Request: National Primary (N.E.E.A.R.); was approved 08/15/2002; EPA ICR No. 1957.02; Reporting and Drinking Water Regulation for Lead and OMB No. 2080–0068; expires 08/31/ Recordkeeping Requirements for Metal Copper (Final Rule); OMB No. 2040– 2005. Coil Surface Coating Plants; in 40 CFR 0210; on 09/19/2002 OMB extended the EPA ICR No. 0328.10; Spill part 63, subpart SSSS; OMB No. 2060– expiration date through 12/31/2002. Prevention, Control and 0487; was approved 08/12/2002; expires EPA ICR No. 0940.16; Ambient Air Countermeasures (SPCC) Plans; in 40 08/31/2005. Quality Surveillance in 40 CFR part 58; CFR 112.1–112.7; was approved 08/12/ EPA ICR No. 1996.01; National OMB No. 2060–0084; on 09/19/2002 2002; OMB No. 2050–0021; expires 08/ Survey on Environmental Management OMB extended the expiration date 31/2005. of Asthma; OMB No. 2060–0490; was through 12/31/2002.

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EPA ICR No. 1813.02; Final Regional impacts to community and natural ENVIRONMENTAL PROTECTION Haze Rule; OMB No. 2060–0421; on 09/ resources. NEPA history and cumulative AGENCY 20/2002 OMB extended the expiration impacts of the entire expressway should [ER–FRL–6633–7] date through 12/31/2002. be provided in addition to the Withdrawn development of an acceptable mitigation Environmental Impact Statements; plan. Notice of Availability EPA ICR No. 2036.01; Superfund De Minimis Settlement Reform Survey; was ERP No. D–FHW–J40154–WY Rating Responsible Agency: Office of Federal withdrawn by EPA on 08/22/2002. EC2, US 287/26 Improvements Project, Activities, General Information (202) EPA ICR No. 2037.01; Superfund PRP Moran Junction to 12 miles west of 564–7167 or http://www.epa.gov/ Oversight Reform Survey; was Dubois to where the roadway traverses compliance/nepa withdrawn by EPA on 08/22/2002. thru the Bridger-Teton and Shoshone Weekly receipt of Environmental Impact EPA ICR No. 2035.01; Superfund National Forests and Grand Teton Statements Orphan Share Compensation Reform National Park, NPDES and U.S. Army Filed September 23, 2002 Through Survey; was withdrawn by EPA on 9/ COE Section 404 Permits Issuance, September 27, 2002 22/2002. Teton and Fremont Counties, WY. Pursuant to 40 CFR 1506.9. EIS No. 020404, DRAFT EIS, COE, AK, Summary: EPA expressed Disapproved Akutan Harbor Navigation environmental concern about the Improvements Project, Construction, EPA ICR No. 1842.03; Notice of Intent selection of an alternative that may not for Storm Water Discharges Associated National Economic Development Plan be the least damaging practicable with Construction Activity under an (NED), Bering Sea, City of Akutan, alternative and would result in direct NPDES General Permit (Proposed Rule AK, Comment Period Ends: November for construction and Development); impacts to endangered species habitat 18, 2002, Contact: Guy R. McConnell OMB No. 2040–0188; on 8/20/2002 and wetlands. (907) 753–2614. OMB disapproved the ICR for the ERP No. DS–FHW–L40208–WA EIS No. 020405, DRAFT EIS, FHW, NH, proposed rule and continued approval Rating 3, Cross-Base Highway Project, Interstate 93 Improvements, From for the base ICR through 03/31/2003. Updated Information concerning New Salem to Manchester, IM–IR–93– 1(174)0, 10418–C, Funding, NPDES Dated: September 25, 2002. Roadway Construction between I–5 at the Thorne Lane Interchange and WA– and COE Section 404 Permits, Oscar Morales, Hillsborough and Rockingham Director, Collection Strategies Division. 7 at 176th Street South, Major Investment Study (MIS) and US Army Counties, NH, Comment Period Ends: [FR Doc. 02–25303 Filed 10–3–02; 8:45 am] COE Section 404 Permit Issuance, Pierce November 18, 2002, Contact: William BILLING CODE 6560–50–P F. O’Donnell (603) 228–3057. County, WA. EIS No. 020406, DRAFT EIS, AFS, IL, Summary: EPA believes that the Kudzu Eradication, Proposal to ENVIRONMENTAL PROTECTION documentation for the proposal is Eradicate Known Kudzu Infestations AGENCY inadequate. Major issues include the in the Shawnee National Forest, [ER–FRL–6633–8] lack of a detailed mitigation plan and Application for Herbicide and inadequate analysis and disclosure of Mechanical Treatment, Jackson, Environmental Impact Statements and information regarding project Alexander and Pope Counties, IL, Regulations; Availability of EPA alternatives, western gray squirrel Comment Period Ends: December 3, Comments habitat, genetic studies, cumulative and 2002, Contact: Tom Neal (618) 658– secondary impacts and Environmental 2111. Availability of EPA comments Justice. Dated: October 1, 2002. prepared September 09, 2002 Through September 13, 2002 pursuant to the Final EISs Joseph C. Montgomery, Environmental Review Process (ERP), Director, NEPA Compliance Division, Office under Section 309 of the Clean Air Act ERP No. F–DOE–L08060–00 Wallula of Federal Activities. and Section 102(2)(c) of the National Power Project and Wallula-McNary [FR Doc. 02–25280 Filed 10–3–02; 8:45 am] Environmental Policy Act as amended. Transmission Line Project, Construction BILLING CODE 6560–50–P Requests for copies of EPA comments and Operation, 1300 megawatt (MW) can be directed to the Office of Federal Natural Gas Fired Combustion Gas ENVIRONMENTAL PROTECTION Activities at (202) 564–7167 An Turbine Facility and a new 500-kilovolt AGENCY explanation of the ratings assigned to (kV) Transmission Line and Upgrade of draft environmental impact statements the McNary Substation, U.S. COE [FRL–7389–8] (EISs) was published in FR dated April Section 10 and 404 Permits, Walla- 12, 2002 (67 FR 17992). Walla Co., WA and Umatilla Co., OR. Proposed Settlement Under Section 122(g) of the Comprehensive Draft EISs Summary: No formal comment letter Environmental Response, was sent to the preparing agency. ERP No. D–FHW–D40319–PA Rating Compensation, and Liability Act for the EC2, Mon/Fayette Transportation Dated: October 1, 2002. Marina Cliffs/Northwestern Barrel Project, Improvements from PA–51 to I– Joseph C. Montgomery, Superfund Site, South Milwaukee, Wisconsin 376 in Monroeville and Pittsburg, Director, NEPA Compliance Division, Office Funding, U.S. Coast Guard Bridge of Federal Activities. AGENCY: Environmental Protection Permit and US Army COE Section 404 [FR Doc. 02–25279 Filed 10–3–02; 8:45 am] Agency (‘‘EPA’’). Permit Issuance, Allegheny County, PA. BILLING CODE 6560–50–P ACTION: Notice; request for public Summary: EPA expressed comment on proposed de minimis environmental concern regarding settlement. avoidance and minimization of project

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SUMMARY: In accordance with section Region 5 Office of Regional Counsel, 77 agreement with Mautz Paint Company 122(i)(1) of the Comprehensive West Jackson Boulevard, Chicago, to add that company as an additional Environmental Response, Compensation Illinois, 60604–3590. Additional non-de minimis settlor. Adding this and Liability Act of 1984, as amended background information relating to the party to the settlement will not alter the (‘‘CERCLA’’), notification is hereby settlement is available for review at the obligations of, or protections received given of a proposed administrative EPA’s Region 5 Office of Regional by, the de minimis parties. agreement concerning the Marina Cliffs/ Counsel. For thirty days following the date of Northwestern Barrel hazardous waste Authority: The Comprehensive publication of this notice, the EPA will site located between 5th Avenue and Environmental Response, Compensation, and receive written comments relating to Lake Michigan in South Milwaukee, Liability Act, as amended, 42 U.S.C. 9601– this proposed agreement. EPA will Wisconsin (the ‘‘Site’’). EPA proposes to 9675. consider all comments received and enter into this agreement under the may decide not to enter or to require William E. Muno, authority of section 122(g) and 107 of modifications to this proposed CERCLA. Subject to review and Director, Superfund Division, Region 5. amendment if comments disclose facts comment by the public pursuant to this [FR Doc. 02–25301 Filed 10–3–02; 8:45 am] or considerations which indicate that notice, the agreement has been BILLING CODE 6560–50–P the proposed agreement is approved by the United States inappropriate, improper or inadequate. Department of Justice. The proposed DATES: Comments on the proposed agreement has been executed by the ENVIRONMENTAL PROTECTION AGENCY agreement must be received by EPA on following de minimis parties: Benjamin or before November 4, 2002. Moore & Co.; Hydrite Chemical Co.; [FRL–7389–7] ADDRESSES: Comments should be Pabst Brewing Company; Raytheon addressed to the Docket Clerk, U.S. Company; and SBC Holdings, Inc. (f/k/ Proposed Amendment to Settlement Under Sections 122(g) and 122(h) of Environmental Protection Agency, a The Stroh Brewery Company). Region 5, 77 West Jackson Boulevard, Under the proposed agreement, the de the Comprehensive Environmental Chicago, Illinois, 60604–3590, and minimis Settling Parties will pay a total Response, Compensation, and Liability should refer to: In the Matter of Marina of approximately $261,410.45 which Act for the Marina Cliffs/Northwestern Cliffs/Northwestern Barrel, South will be used for response costs incurred Barrel Superfund Site, South Milwaukee, Wisconsin, U.S. EPA and to be incurred at the Site. EPA Milwaukee, Wisconsin Docket No. V–W–01C–630. incurred response costs overseeing AGENCY: Environmental Protection response activities conducted to FOR FURTHER INFORMATION CONTACT: Agency (‘‘EPA’’). mitigate an imminent and substantial Thomas J. Krueger, U.S. Environmental endangerment to human health or the ACTION: Notice; request for public Protection Agency, Office of Regional environment present or threatened by comment on proposed amendment to de Counsel, C–14J, 77 West Jackson hazardous substances present at the minimis settlement. Boulevard, Chicago, Illinois, 60604– 3590, (312) 886–0562. Site. SUMMARY: In accordance with section For thirty days following the date of A copy of the proposed amendment to 122(i)(1) of the Comprehensive the administrative settlement agreement publication of this notice, the EPA will Environmental Response, Compensation receive written comments relating to may be obtained in person or by mail and Liability Act of 1984, as amended from the EPA’s Region 5 Office of this proposed agreement. EPA will (‘‘CERCLA’’), notification is hereby consider all comments received and Regional Counsel, 77 West Jackson given of a proposed amendment to an Boulevard, Chicago, Illinois, 60604– may decide not to enter or to require administrative agreement concerning modifications to this proposed 3590. Additional background the Marina Cliffs/Northwestern Barrel information relating to the settlement is agreement if comments disclose facts or hazardous waste site located between considerations which indicate that the available for review at the EPA’s Region 5th Avenue and Lake Michigan in South 5 Office of Regional Counsel. proposed agreement is inappropriate, Milwaukee, Wisconsin (the ‘‘Site’’). The improper or inadequate. settlement agreement, issued by EPA on Authority: The Comprehensive DATES: Comments on the proposed September 21, 2001, would be amended Environmental Response, Compensation, and agreement must be received by EPA on Liability Act, as amended, 42 U.S.C. 9601– to add Mautz Paint Company as a non- 9675. or before November 4, 2002. de minimis settling party. EPA entered ADDRESSES: Comments should be the settlement in EPA Docket No V–W– Wendy L. Carney, addressed to the Docket Clerk, U.S. 01C–630 after publishing a notice and Acting Director, Superfund Division, Region Environmental Protection Agency, request for comments in the Federal 5. Region 5, 77 West Jackson Boulevard, Register on May 10, 2001, and [FR Doc. 02–25302 Filed 10–3–02; 8:45 am] Chicago, Illinois, 60604–3590, and reviewing and responding to the BILLING CODE 6560–50–P should refer to: In the Matter of Marina comments it received. Cliffs/Northwestern Barrel, South Under the existing agreement, the de Milwaukee, Wisconsin, U.S. EPA minimis settling parties paid a total of FARM CREDIT ADMINISTRATION Docket No. V-W–02C–706. approximately $5.6 million toward FOR FURTHER INFORMATION CONTACT: cleanup costs at the Site to resolve fully Farm Credit Administration Board; Thomas J. Krueger, U.S. Environmental their liability at the Site. A group of six Special Meeting Protection Agency, Office of Regional non-de minimis settlors agreed to Counsel, C–14J, 77 West Jackson perform the remaining removal actions AGENCY: Farm Credit Administration. Boulevard, Chicago, Illinois, 60604– to be conducted at the Site, and pay SUMMARY: Notice is hereby given, 3590, (312) 886–0562. EPA’s costs of overseeing these removal pursuant to the Government in the A copy of the proposed administrative actions. After the settlement was Sunshine Act (5 U.S.C. 552b(e)(3)), of settlement agreement may be obtained completed, EPA and the remaining non- the special meeting of the Farm Credit in person or by mail from the EPA’s de minimis settling parties reached Administration Board (Board).

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DATE AND TIME: The special meeting of FEDERAL MARITIME COMMISSION considered in acting on the notices are the Board was held at the offices of the set forth in paragraph 7 of the Act (12 Farm Credit Administration in McLean, Sunshine Act; Meeting U.S.C. 1817(j)(7)). Virginia, on September 26, 2002, from The notices are available for 3:30 p.m. until such time as the Board AGENCY HOLDING THE MEETING: Federal immediate inspection at the Federal concluded its business. Maritime Commission. Reserve Bank indicated. The notices FEDERAL REGISTER CITATION OF PREVIOUS also will be available for inspection at FOR FURTHER INFORMATION CONTACT: ANNOUNCEMENT: the office of the Board of Governors. Jeanette C. Brinkley, Acting Secretary to 67 FR 61341. Interested persons may express their the Farm Credit Administration Board, PREVIOUSLY ANNOUNCED TIME AND DATE OF views in writing to the Reserve Bank (703) 883–4009, TTY (703)883–4056. THE MEETING: 10 p.m.–October 2, 2002. indicated for that notice or to the offices CORRECTION: The correct time of the ADDRESSES: Farm Credit of the Board of Governors. Comments meeting is 10 a.m. not 10 p.m. Administration, 1501 Farm Credit Drive, must be received not later than October McLean, Virginia 22102–5090. CONTACT PERSON FOR MORE INFORMATION: 21, 2002. Bryant L. VanBrakle, Secretary, (202) SUPPLEMENTARY INFORMATION: A. Federal Reserve Bank of This 523–5725. meeting of the Board was open to the Minneapolis (Julie Stackhouse, Vice public (limited space available). The Bryant L. VanBrakle, President) 90 Hennepin Avenue, matter considered at the meeting was: Secretary. Minneapolis, Minnesota 55480–0291: 1. Robert B. Whitlock, Minneapolis, Open Session [FR Doc. 02–25364 Filed 10–1–02; 4:18 pm] Minnesota, Jonathon H. Berg, M.D., BILLING CODE 6730–01–M • New Business—Other Northwood, North Dakota, and Marie Gillespie, LaGrange Park, Illinois; as • FY 2003 Revised Budget and FY FEDERAL MARITIME COMMISSION trustees of the Lake Bank Shares, Inc., 2004 Proposed Budget. Employee Stock Ownership Plan, Dated: October 1, 2002. Guidelines for Ensuring and Emmons, Minnesota, and thereby Jeanette C. Brinkley, Maximizing the Quality, Objectivity, indirectly control Lake Bank Shares, Acting Secretary, Farm Credit Administration Utility, and Integrity of Information Inc., Emmons, Minnesota and its Board. Disseminated by Federal Agencies subsidiaries, Security Bank of [FR Doc. 02–25369 Filed 10–2–02; 8:58 am] Minnesota, Albert Lea, Minnesota, and BILLING CODE 6705–01–P AGENCY: Federal Maritime Commission. First State Bank of Emmons, Emmons, ACTION: Notice of posting of final Minnesota. information quality guidelines. Board of Governors of the Federal Reserve System, September 30, 2002. SUMMARY: Pursuant to section 515 of the FEDERAL COMMUNICATIONS Robert deV. Frierson, COMMISSION Treasury and General Government Appropriations Act for Fiscal Year 2001 Deputy Secretary of the Board. En Banc Hearing on Steps Toward (Pub. L. 106–554, 114 Stat. 2763) and [FR Doc. 02–25215 Filed 10–3–02; 8:45 am] Recovery in the Telecommunications guidelines issued by the Office of BILLING CODE 6210–01–S Industry Management and Budget, the Federal Maritime Commission (‘‘Commission’’) FEDERAL RESERVE SYSTEM AGENCY: Federal Communications is posting its final Information Quality Commission. Guidelines (‘‘Guidelines’’) on its website Formations of, Acquisitions by, and ACTION: Notice of meeting. at http://www.fmc.gov. Mergers of Bank Holding Companies DATES: Effective October 1, 2002. SUMMARY The companies listed in this notice : The hearing will bring FOR FURTHER INFORMATION CONTACT: have applied to the Board for approval, together experts from the financial Bryant L. VanBrakle, Secretary, Federal community and academic economists at pursuant to the Bank Holding Company Maritime Commission, 800 North Act of 1956 (12 U.S.C. 1841 et seq.) an en banc hearing to conduct a Capitol Street, NW., Room 1046, comprehensive assessment of the (BHC Act), Regulation Y (12 CFR part Washington, DC 20573–0001, E-mail: 225), and all other applicable statutes current state of the telecommunications [email protected]. sector and to discuss steps needed to and regulations to become a bank restore its financial health. Bryant L. VanBrakle, holding company and/or to acquire the assets or the ownership of, control of, or DATES: The meeting will be held on Secretary. the power to vote shares of a bank or Monday, October 7, 2002, from 2 p.m. [FR Doc. 02–25249 Filed 10–3–02; 8:45 am] bank holding company and all of the to 4 p.m. BILLING CODE 6730–01–M banks and nonbanking companies ADDRESSES: The meeting will be held in owned by the bank holding company, the Commission Meeting Room, Federal including the companies listed below. Communications Commission, 445 12th FEDERAL RESERVE SYSTEM The applications listed below, as well St. SW, Washington, DC 20554. Change in Bank Control Notices; as other related filings required by the FOR FURTHER INFORMATION CONTACT: Acquisition of Shares of Bank or Bank Board, are available for immediate Robert Pepper at (202) 418–2030 voice Holding Companies inspection at the Federal Reserve Bank and e-mail [email protected]. indicated. The application also will be The notificants listed below have available for inspection at the offices of Robert Pepper, applied under the Change in Bank the Board of Governors. Interested Chief, Office of Plans and Policy, Federal Control Act (12 U.S.C. 1817(j)) and persons may express their views in Communications Commission. § 225.41 of the Board’s Regulation Y (12 writing on the standards enumerated in [FR Doc. 02–25220 Filed 10–3–02; 8:45 am] CFR 225.41) to acquire a bank or bank the BHC Act (12 U.S.C. 1842(c)). If the BILLING CODE 6712–01–P holding company. The factors that are proposal also involves the acquisition of

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a nonbanking company, the review also 22202. This meeting is open to the objectives of the PHSAC are to provide includes whether the acquisition of the public. Members of the public who wish advice and recommendations to the nonbanking company complies with the to file a written statement with the President of the United States through standards in section 4 of the BHC Act Board may also be permitted 5 minutes the Assistant to the President for (12 U.S.C. 1843). Unless otherwise for summary oral presentations at this Homeland Security on matters relating noted, nonbanking activities will be meeting, assuming GSA receives a to homeland security. conducted throughout the United States. written copy c/o Rob Miller, Designated Basis for Closed Meeting: In Additional information on all bank Federal Officer (MTT), General Services accordance with section 10(d) of the holding companies may be obtained Administration, 1800 F St., NW Room Federal Advisory Committee Act from the National Information Center 1221B, Washington, DC 20405, or via (FACA), Public Law 92–463, as Web site at www.ffiec.gov/nic/. email at [email protected] of any such amended (5 U.S.C. App.), it has been Unless otherwise noted, comments oral presentation not later than 5 p.m. determined that this PHSAC meeting regarding each of these applications (ET) October 11, 2002. concerns matters sensitive to homeland must be received at the Reserve Bank Purpose: To review the current security within the meaning of 5 U.S.C. indicated or the offices of the Board of process and methodology that is used by 552b(c)(7) and (9)(B) and that, Governors not later than October 30, GSA’s Office of Governmentwide Policy accordingly, the meeting will be closed 2002. to determine the per diem rates for to the public. A. Federal Reserve Bank of Atlanta destinations within the continental Public Comments: Members of the (Sue Costello, Vice President) 1000 United States (CONUS), and to provide public who wish to file a written Peachtree Street, NE., Atlanta, Georgia advice on best practices for a Federal statement with the PHSAC may do so by 30309–4470: lodging program. The Board will receive mail to Mr. Charles Howton at the 1. Hazlehurst Investors, Inc., preliminary recommendations for following address: President’s Hazlehurst, Georgia; to become a bank improving the per diem process, and Homeland Security Advisory Council, holding company by acquiring 100 identifying best practices for a U.S. General Services Administration percent of the voting shares of Bank of Governmentwide lodging program. (GSA/MC, Room G–230), 1800 F St., Hazlehurst, Hazlehurst, Georgia. For security and building access: (1) NW., Washington, DC 20405. Comments 2. Synovus Financial Corp., ADA accessible facility; (2) public also may be sent to Charles Howton by Columbus, Georgia; to merge with seating may be limited. e-mail at [email protected], or by United Financial Holdings, Inc., and FOR FURTHER INFORMATION CONTACT: Rob facsimile (FAX) to (202) 273–3559. thereby indirectly acquire United Bank Miller (202) 501–4621, Designated Dated: October 1, 2002. and Trust Company, both of St. Federal Officer, or Joddy Garner (202) Petersburg, Florida, and United Bank of James L. Dean, 501–4857, Per Diem Program Manager, Director, Committee Management Secretariat, the Gulf Coast, Sarasota, Florida. General Services Administration. Also, B. Federal Reserve Bank of St. Louis Office of Governmentwide Policy, General inquiries may be sent to Services Administration. (Randall C. Sumner, Vice President) 411 [email protected]. Locust Street, St. Louis, Missouri [FR Doc. 02–25276 Filed 10–3–02; 8:45 am] 63166–2034: Dated: September 27, 2002. BILLING CODE 6820–34–P 1. Mercantile Bancorp, Inc., Quincy, Becky Rhodes, Illinois; to acquire up to an additional Deputy Associate Administrator, Office of 9.14 percent, for a total of 29 percent of Transportation and Personal Property. DEPARTMENT OF HEALTH AND New Frontier Bancshares, Inc., Saint [FR Doc. 02–25240 Filed 10–3–02; 8:45 am] HUMAN SERVICES Charles, Missouri, and thereby BILLING CODE 6820–14–M indirectly acquire New Frontier Bank, Administration for Children and Saint Charles Missouri. Families GENERAL SERVICES Board of Governors of the Federal Reserve ADMINISTRATION Notice of Award of Non-Competitive System, September 30, 2002. Grant Robert deV. Frierson, President’s Homeland Security AGENCY: Administration for Native Deputy Secretary of the Board. Advisory Council Americans, ACF, DHHS. [FR Doc. 02–25214 Filed 10–3–02; 8:45 am] AGENCY: Office of Governmentwide ACTION: Notice. BILLING CODE 6210–01–S Policy, General Services Administration. SUMMARY: Notice is hereby given that ACTION: ACF is considering awarding FY 2002 GENERAL SERVICES Notice of Federal Advisory Committee meeting. ANA grant funds without competition ADMINISTRATION to the Chickasaw Nation for a 12 month SUMMARY: The President’s Homeland project in the amount of $150,000. The Governmentwide Per Diem Advisory Security Advisory Council (PHSAC or project period would begin September Board Council) will meet in closed session on 30, 2002 and end September 29, 2003. AGENCY: Office of Governmentwide Monday, October 21, 2002, in This award will be made to the Policy, GSA. Washington, DC. The PHSAC will meet Chickasaw Nation to provide Federal ACTION: Notice of meeting. to receive briefings on sensitive support for the integration of Tribal, homeland security matters and to State and regional resources to offer SUMMARY: Notice is hereby given that review and discuss the draft National services that will provide the skills and the Governmentwide Per Diem Advisory Strategy for the Physical Protection of knowledge needed to sustain healthy Board will hold an open meeting from Critical Infrastructures and Key Assets. families and marriages. 8:30 a.m. to 4 p.m. on Thursday, Objectives: The President’s Homeland The Chickasaw Nation’s Strong October 17, 2002. The meeting will be Security Advisory Council was Family Project is designed to eliminate held at The Crystal City Marriott, 1999 established by Executive Order 13260 the fragmentation of services and Jefferson Davis Highway, Arlington, VA (67 FR 13241, March 21, 2002). The integrate community services that

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impact couples, youth and families such Phone: 301–443–9923, Fax: 301–443– subsystem of the Online Survey as the tribal court system and other 8280. Certification and Report (OSCAR) family services, as well as partner with Dated: October 1, 2002. system by CMS Regional Offices (RO)). the State’s Oklahoma Marriage Initiative Nathan Stinson, Jr., The ASC report form is an instrument for training of tribal staff. used by the State survey agency to Deputy Assistant Secretary for Health. record data collection in order to Statutory Authority: This award will be [FR Doc. 02–25250 Filed 10–3–02; 8:45 am] made pursuant to the Native American determine supplier compliance with Programs Act, as amended, 42 U.S.C. 2991 et BILLING CODE 4150–29–M individual conditions of coverage and to seq. report it to the Federal government. The form is primarily a coding worksheet ADDRESSES: Interested parties, including DEPARTMENT OF HEALTH AND designed to facilitate data reduction and qualified organizations which would be HUMAN SERVICES interested in competing for the funding retrieval into the ODIE/OSCAR system if a competition were held, should write Centers for Medicare and Medicaid at the CMS ROs. This form includes to: Sharon G. McCully, Administration Services basic information on compliance (i.e., for Native Americans, Administration met, not met and explanatory for Children and Families, 370 L’Enfant [Document Identifiers: CMS–377/378/R–54, statements) and does not require any Promenade SW., Aerospace Center 8th CMS–359/360/R–55] descriptive information regarding the survey activity itself; Frequency: Floor West, Washington, DC 20447. Agency Information Collection FOR FURTHER INFORMATION CONTACT: Annually; Affected Public: State, Local, Activities: Proposed Collection; or Tribal Government; Number of Sharon G. McCully, ANA, at 1–877– Comment Request 922–9262. Respondents: 2,798; Total Annual AGENCY: Centers for Medicare and Responses: 2,798; Total Annual Hours: (Catalog of Federal Domestic Assistance 2,100. Program Number 93612, ANA) Medicaid Services, HHS. (2.) Type of Information Collection Dated: September 27, 2002. In compliance with the requirement of section 3506(c)(2)(A) of the Request: Extension of a currently Sharon G. McCully, Paperwork Reduction Act of 1995, the approved collection; Title of Acting Deputy Commissioner, Administration Centers for Medicare and Medicaid Information Collection: Comprehensive for Native Americans. Services (CMS) (formerly known as the Outpatient Rehabilitation Facility [FR Doc. 02–25273 Filed 10–3–02; 8:45 am] Health Care Financing Administration (CORF) Eligibility and Survey Forms BILLING CODE 4184–01–M (HCFA)), Department of Health and and Information Collection Human Services, is publishing the Requirements in 42 CFR 485.56, 485.58, following summary of proposed 485.60, 485.64, 485.66, 410.105; Form DEPARTMENT OF HEALTH AND No.: CMS–0359/0360/R–0055 (OMB# HUMAN SERVICES collections for public comment. Interested persons are invited to send 0938–0267); Use: In order to participate Notice of Meeting of the Advisory comments regarding this burden in the Medicare program as a CORF, Committee on Minority Health estimate or any other aspect of this providers must meet federal conditions collection of information, including any of participation. The certification form AGENCY: Department of Health and of the following subjects: (1) The is needed to determine if providers meet Human Services, Office of the Secretary, necessity and utility of the proposed at least preliminary requirements. The Office of Pubic Health and Science, information collection for the proper survey form is used to record provider Office of Minority Health. performance of the agency’s functions; compliance with the individual ACTION: Notice. (2) the accuracy of the estimated conditions and report findings to CMS; burden; (3) ways to enhance the quality, Frequency: Annually; Affected Public: SUMMARY: The Advisory Committee on utility, and clarity of the information to State, Local, or Tribal Government; Minority Health will meet to discuss be collected; and (4) the use of Number of Respondents: 556; Total racial and ethnic disparities in health, automated collection techniques or Annual Responses: 556; Total Annual as well as other related issues. This other forms of information technology to Hours: 264,877. meeting is open to the public. There minimize the information collection To obtain copies of the supporting will be an opportunity for public burden. statement and any related forms for the comment, which will be limited to five (1.) Type of Information Collection proposed paperwork collections minutes per speaker. Individuals who Request: Extension of a currently referenced above, access CMS’s Web site would like to submit written statements approved collection; Title of address at http://www.hcfa.gov/regs/ should mail or fax their comments to Information Collection: Request for prdact95.htm, or e-mail your request, the Office of Minority health at least two Certification, CMS–377 and the including your address, phone number, business days prior to the meeting. Ambulatory Surgical Center Survey OMB number, and CMS document DATES: The Advisory Committee on Report Form, CMS–378 and CMS–R– identifier, to [email protected], or Minority Health will meet on Thursday, 0054 Supporting Regulations Contained call the Reports Clearance Office on October 17, 2002 from 9 a.m. to 5 p.m. in 42 CFR 416.1 thru 416.49; Form No.: (410) 786–1326. Written comments and and on Friday, October 18, 2002 from CMS–0377/0378/R–0054 (OMB# 0938– recommendations for the proposed 8:30 a.m. till noon. 0200); Use: The ASC request for information collections must be mailed ADDRESSES: The meeting will be held at certification form is utilized as an within 60 days of this notice directly to the Holiday Inn Georgetown, Mirage I application for facilities wishing to the CMS Paperwork Clearance Officer Room, 2101 Wisconsin Avenue, NW., participate in the Medicare program as designated at the following address: Washington, DC. an ASC. This form initiates the process CMS, Office of Strategic Operations and FOR FURTHER INFORMATION CONTACT: Ms. of obtaining a decision as to whether the Regulatory Affairs, Division of Sheila P. Merriweather, Rockwall II conditions of coverage are met. It also Regulations Development and Building, 5515 Security Lane, Suite promotes data retrieval from the Online Issuances, Attention: Dawn Willinghan, 1000, Rockville, Maryland 20852. Data Input Edit (ODIE system, a Room N2–14–26, 7500 Security

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Boulevard, Baltimore, Maryland 21244– State, Local or Tribal Government; DEPARTMENT OF HEALTH AND 1850. Number of Respondents: 1,250; Total HUMAN SERVICES Dated: September 26, 2002. Annual Responses: 156,480; Total Food and Drug Administration John P. Burke, III, Annual Hours: 132,360. Paperwork Reduction Act Team Leader, CMS (2.) Type of Information Collection [Docket No. 02N–0418] Reports Clearance Officer, Office of Strategic Request: Extension of a currently Operations and Strategic Affairs, Division of approved collection; Title of Agency Information Collection Regulations Development and Issuances. Activities; Proposed Collection; Information Collection: Annual Early Comment Request; Adverse [FR Doc. 02–25218 Filed 10–3–02; 8:45 am] and Periodic Screening, Diagnostic, and Experience Reporting for Licensed BILLING CODE 4120–03–P Treatment Services (EPSDT) Biological Products; and General Participation Report and Supporting Records DEPARTMENT OF HEALTH AND Regulations in 42 CFR 441.60; Form HUMAN SERVICES No.: CMS–416 (OMB# 0938–0354); Use: AGENCY: Food and Drug Administration, States are required to submit an annual HHS. Centers for Medicare and Medicaid report on the provision of EPSDT ACTION: Notice. Services services to CMS pursuant to section 1902(a)(43) of the Social Security Act. SUMMARY: The Food and Drug [Document Identifier: CMS–10064, CMS– Administration (FDA) is announcing an 416] These reports provide CMS with data necessary to assess the effectiveness of opportunity for public comment on the proposed collection of certain Agency Information Collection State EPSDT programs. It is also helpful information by the agency. Under the Activities: Submission for OMB in developing trend patterns, national Review; Comment Request Paperwork Reduction Act of 1995 (the projections, responding to inquiries, and PRA), Federal agencies are required to AGENCY: Centers for Medicare and determining a State’s results in publish notice in the Federal Medicaid Services. achieving its participation goal; Registerconcerning each proposed In compliance with the requirement Frequency: Annually; Affected Public: collection of information, including of section 3506(c)(2)(A) of the State, Local or Tribal Government; each proposed extension of an existing Paperwork Reduction Act of 1995, the Number of Respondents: 56; Total collection of information, and to allow Centers for Medicare and Medicaid Annual Responses: 56; Total Annual 60 days for public comment in response Services (CMS) (formerly known as the Hours: 1,568. to the notice. This notice solicits Health Care Financing Administration To obtain copies of the supporting comments on the information collection (HCFA), Department of Health and statement and any related forms for the requirements relating to FDA?s adverse Human Services, is publishing the proposed paperwork collections experience reporting (AER) for licensed following summary of proposed biologicalproducts, and general records collections for public comment. referenced above, access CMS Web site address at http://www.hcfa.gov/regs/ associated with the manufacture and Interested persons are invited to send distribution of biological products. comments regarding this burden prdact95.htm, or e-mail your request, DATES: Submit written or electronic estimate or any other aspect of this including your address, phone number, OMB number, and CMS document comments on the collection of collection of information, including any information by December 3, 2002. of the following subjects: (1) The identifier, to [email protected], or ADDRESSES: necessity and utility of the proposed call the Reports Clearance Office on Submit electronic information collection for the proper (410) 786–1326. Written comments and comments on the collection of performance of the agency’s functions; recommendations for the proposed information to http:// (2) the accuracy of the estimated information collections must be mailed www.accessdata.fda.gov/scripts/oc/ burden; (3) ways to enhance the quality, within 30 days of this notice directly to dockets/edockethome.cfm. Submit utility, and clarity of the information to the OMB desk officer: OMB Human written comments on the collection of information to the Dockets Management be collected; and (4) the use of Resources and Housing Branch, Branch (HFA–305), Food and Drug automated collection techniques or Attention: Brenda Aguilar, New Administration, 5630 Fishers Lane, rm. other forms of information technology to Executive Office Building, Room 10235, 1061, Rockville, MD 20852. All minimize the information collection Washington, DC 20503. burden. documents should be identified with (1.) Type of Information Collection Dated: September 26, 2002. the docket number found in brackets in Request: Extension of a currently John P. Burke, III, the heading of this document. approved collection; Title of Paperwork Reduction Act Team Leader, CMS FOR FURTHER INFORMATION CONTACT: Information Collection: Minimum Data Reports Clearance Officer, Office of Strategic JonnaLynn P. Capezzuto, Office of Set (MDS) for Swing Bed Hospitals and Operations and Regulatory Affairs, Division Information Resources Management Supporting Regulations in 42 CFR, of Regulations Development and Issuances. (HFA–250), Food and Drug Sections 413.337 and 483.20; Form No.: [FR Doc. 02–25217 Filed 10–3–02; 8:45 am] Administration, 5600 Fishers Lane, CMS–10064 (OMB# 0938–0872); Use: BILLING CODE 4120–03–P Rockville, MD 20857, 301–827–4659. We are requesting re-approval of SUPPLEMENTARY INFORMATION: Under the resident assessment information that PRA (44 U.S.C. 3501–3520), Federal swing bed hospitals are required to agencies must obtain approval from the submit as described at 42 CFR 483.20 in Office of Management and Budget the manner necessary to administer the (OMB) for each collection of payment rate methodology described in information they conduct or sponsor. 42 CFR 413.337; Frequency: Other: Days ‘‘Collection of information’’ is defined 5, 14, 30, 60 & 90 of stay; Affected in 44 U.S.C. 3502(3) and 5 CFR Public: Not-for-profit institutions, and 1320.3(c) and includes agency request

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or requirements that members of the sources, including patients, physicians, accountability and traceability in the public submit reports, keep records, or foreign regulatory agencies, and clinical manufacture and distribution of provide information to a third party. investigators. Information derived from products, and enable FDA to perform Section 3506(c)(2)(A) of the PRA (44 the adverse experience reporting system meaningful inspections. U.S.C. 3506(c)(2)(A)) requires Federal contributes directly to increased public Section 600.12 requires that all agencies to provide a 60–day notice in health protection because such records of each step in the manufacture the Federal Register concerning each information enables FDA to recommend proposed collection of information, important changes to the product’s and distribution of a product be made including each proposed extension of an labeling (such as adding a new and retained for no less than 5 years existing collection of information, warning), to initiate removal of a after the records of manufacture have before submitting the collection to OMB biological product from the market been completed or 6 months after the for approval. To comply with this when necessary, and to assure the latest expiration date for the individual requirement, FDA is publishing notice manufacturer has taken adequate product, whichever represents a later of the proposed collection of corrective action if necessary. date. In addition, records of sterilization information set forth in this document. The regulation in § 600.80(c)(1) of equipment and supplies, animal With respect to the following requires the licensed manufacturer to necropsy records, and records in cases collection of information, FDA invites report each adverse experience that is of divided manufacturing of a product comments on: (1) Whether the proposed both serious and unexpected, regardless are required to be maintained. Section collection of information is necessary of source, as soon as possible but in any 600.12(b)(2) requires complete records for the proper performance of FDA’s case within 15 working days of initial to be maintained pertaining to the recall functions, including whether the receipt of the information. Section from distribution of any product. information will have practical utility; 600.80(e) requires licensed Respondents to this collection of (2) the accuracy of FDA’s estimate of the manufacturers to submit a 15–day alert information are manufacturers of burden of the proposed collection of report obtained from a postmarketing biological products. Under table 1 of information, including the validity of clinical study only if there is a the methodology and assumptions used; reasonable possibility that the product this document, the number of (3) ways to enhance the quality, utility, caused the adverse experience. Section respondents is based on the estimated and clarity of the information to be 600.80(c)(2) requires the licensed number of manufacturers that submitted collected; and (4) ways to minimize the manufacturer to report each adverse the required information to FDA in the burden of the collection of information experience not reported under year 2000 and 2001. Based on on respondents, including through the paragraph (c)(1) at quarterly intervals, information obtained from the Center use of automated collection techniques for 3 years from the date of issuance of for Biologics Evaluation and Research’s when appropriate, and other forms of the product license, and then at annual (CBER’s) database system, there were information technology. intervals. The majority of the periodic approximately 95 licensed reports will be submitted annually since manufacturers. This number excludes Adverse Experience Reporting for a large percentage of the current those manufacturers who produce blood Licensed Biological Products; and licensed biological products have been and blood components and in-vitro General Records—21 CFR Part 600 licensed longer than 3 years. Section diagnostic licensed products because (OMB Control Number 0910–0308)— 600.80(i) requires the licensed Extension they are specifically exempt from the manufacturer to maintain for a period of regulations. However, not all Under the Public Health Service Act 10 years records of all adverse manufacturers may have any (42 U.S.C. 262), FDA is required to experiences known to the licensed submissions in a given year and some ensure the marketing of only those manufacturer, including raw data and may have multiple submissions. The biological products that are safe and any correspondence relating to the total annual responses are based on the effective. FDA must, therefore, be adverse experiences. Section 600.81 estimated number of submissions informed of all adverse experiences requires the licensed manufacturer to received annually by FDA. There were occasioned by the use of licensed submit information about the quantity an estimated 13,938 15–day alert biological products. FDA issued the of the product distributed under the reports, 10,102 periodic reports, and 339 AER requirements in part 600 (21 CFR product license, including the quantity part 600) to enable FDA to take actions distributed to distributors at an interval distribution reports submitted to FDA. necessary for the protection of the of every 6 months. The semiannual The number of 15–day alert report for public health in response to reports of distribution report informs FDA of the postmarketing studies as stated in adverse experiences related to licensed quantity, the lot number, and the dosage § 600.80(e) was minimal and is included biological products. The primary of different products. Section 600.90 in the total number of 15–day alert purpose of FDA’s AER system is to flag requires a licensed manufacturer to reports. FDA received an average of 12 potentially serious safety problems with submit a waiver request with supporting waiver requests under § 600.90, of licensed biological products, focusing documentation when asking for waiving which 11 were approved for exemption especially on newly licensed products. the requirement that applies to them of the AER requirements. The hours per Although premarket testing discloses a under §§ 600.80 and 600.81. response are based on FDA’s general safety profile of a new drug’s Manufacturers of biological products experience. The burden hours required comparatively common adverse effects, for human use must keep records of to complete the MedWatch Form for the larger and more diverse patient each step in the manufacture and § 600.80(c)(1), (e), and (f) are reported populations exposed to the licensed distribution of products including under OMB control number 0910–0291. biological product provides the recalls of the product. The FDA estimates the burden of this opportunity to collect information on recordkeeping requirements serve information collection as follows: rare, latent, and long-term effects. preventative and remedial purposes. Reports are obtained from a variety of These requirements establish

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency Total Annual 21 CFR Section No. of Respondents per Response Responses Hours per Response Total Hours

600.80(c)(1) and (e) 95 146.72 13,938 1 13,938

600.80(c)(2) 95 106.34 10,102 28 282,856

600.81 95 3.57 339 1 339

600.90 12 1 12 1 12

Totals 297, 145 1 There are no capitol costs or operating and maintenance costs associated with this collection of information.

Under table 2 of this document, the listed for § 600.12(a) through (e) based on the annual average of lots number of respondents is based on the excluding paragraph (b)(2) is estimated released (6,747), number of recalls made number of manufacturers subject to to be 111. This number excludes (1,646) and total number of AER reports those regulations. Based on information manufacturers of blood and blood received (24,040) in the year 2000 and obtained from CBER?s database system, components because their burden hours 2001. The hours per record are based on there were approximately 329 licensed for recordkeeping have been reported FDA’s experience. manufacturers of biological products. under § 606.160 in OMB control number FDA estimates the burden of this However, the number of recordkeepers 0910–0116. The total annual records is recordkeeping as follows:

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Record- Annual Frequency of Total Annual 21 CFR Section keepers Recordkeeping Responses Hours per Record Total Hours

600.12 111 60.78 6,747 32 215,904

600.12(b)(2) 329 5.00 1,646 24 39,504

600.80(i) 95 253.05 24,040 1 24,040

Totals 279,448 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: September 27, 2002. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Margaret M. Dotzel, Peggy Schlosburg, Office of Information HUMAN SERVICES Associate Commissioner for Policy. Resources Management (HFA–250), [FR Doc. 02–25193 Filed 10–3–02; 8:45 am] Food and Drug Administration, 5600 Food and Drug Administration BILLING CODE 4160–01–S Fishers Lane, Rockville, MD 20857, 301–827–1223. [Docket No. 02N–0062] SUPPLEMENTARY INFORMATION: In the DEPARTMENT OF HEALTH AND Federal Register of July 18, 2002 (67 FR Agency Information Collection HUMAN SERVICES 47388), the agency announced that the Activities; Announcement of OMB proposed information collection had Approval; Premarket Notification for a Food and Drug Administration been submitted to OMB for review and New Dietary Ingredient clearance under 44 U.S.C. 3507. An [Docket No. 02N–0112] AGENCY: Food and Drug Administration, agency may not conduct or sponsor, and HHS. Agency Information Collection a person is not required to respond to, ACTION: Activities; Announcement of OMB a collection of information unless it Notice. displays a currently valid OMB control Approval; Regulations Under the SUMMARY: The Food and Drug number. OMB has now approved the Federal Import Milk Act Administration (FDA) is announcing information collection and has assigned that a collection of information entitled AGENCY: Food and Drug Administration, OMB control number 0910–0212. The ‘‘Premarket Notification for New Dietary HHS. approval expires on September 30, Ingredient’’ has been approved by the ACTION: Notice. 2005. A copy of the supporting Office of Management and Budget statement for this information collection (OMB) under the Paperwork Reduction SUMMARY: The Food and Drug is available on the Internet at http:// Act of 1995. Administration (FDA) is announcing www.fda.gov/ohrms/dockets. that a collection of information entitled FOR FURTHER INFORMATION CONTACT: ‘‘Regulations Under the Federal Import Dated: September 27, 2002. Peggy Schlosburg, Office of Information Milk Act’’ has been approved by the Margaret M. Dotzel, Resources Management (HFA–250), Office of Management and Budget Associate Commissioner for Policy. Food and Drug Administration, 5600 (OMB) under the Paperwork Reduction [FR Doc. 02–25192 Filed 10–3–02; 8:45 am] Fishers Lane, Rockville, MD 20857, Act of 1995. BILLING CODE 4160–01–S 301–827–1223.

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SUPPLEMENTARY INFORMATION: In the request, or fax your request to 301–443– These two paragraphs of section 513 Federal Register of June 10, 2002 (67 FR 8818. of the law contain what are commonly 39728), the agency announced that the Submit written comments concerning referred to as the ‘‘least burdensome proposed information collection had this guidance to the Dockets provisions’’ of the act. CDRH worked been submitted to OMB for review and Management Branch (HFA–305), Food with its stakeholders to develop an clearance under 44 U.S.C. 3507. An and Drug Administration, 5630 Fishers interpretation of the least burdensome agency may not conduct or sponsor, and Lane, rm. 1061, Rockville, MD 20852. provisions that would accurately a person is not required to respond to, Comments should be identified with the capture Congress’ intent and that could a collection of information unless it docket number found in brackets in the be implemented consistently by the displays a currently valid OMB control heading of this document. Submit agency and industry. As presented in number. OMB has now approved the electronic comments to http:// this final guidance, the agency considers information collection and has assigned www.fda.gov/dockets/ecomments. See the least burdensome concept to be one OMB control number 0910–0330. The the SUPPLEMENTARY INFORMATION section that could affect almost all premarket approval expires on July 31, 2005. A for information on electronic access to regulatory activities, including copy of the supporting statement for this the guidance. presubmission meetings with industry, information collection is available on FOR FURTHER INFORMATION CONTACT: premarket submissions, and the the Internet at http://www.fda.gov/ Joanne R. Less, Center for Devices and development of guidance documents ohrms/dockets. Radiological Health (HFZ–403), Food and regulations. Dated: September 27, 2002. and Drug Administration, 9200 The level 1 draft was made available Margaret M. Dotzel, Corporate Blvd., Rockville, MD 20850 in the Federal Register of May 3, 2001 301–594–1190; or Leonard Wilson, Associate Commissioner for Policy. (66 FR 22241), and the 90-day comment Center for Biologics Evaluation and period for the draft ended on August 1, [FR Doc. 02–25194 Filed 10–3–02; 8:45 am] Research (HFM–25), Food and Drug 2001. While almost all of the comments BILLING CODE 4160–01–S Administration, Bldg. 29B, rm. 5G07, strongly supported the guidance and 1401 Rockville Pike, Rockville, MD encouraged full implementation of it as DEPARTMENT OF HEALTH AND 20852, 301–827–0373. soon as possible, several comments HUMAN SERVICES SUPPLEMENTARY INFORMATION: included recommendations for the agency. Specifically, it was I. Background Food and Drug Administration recommended that FDA develop a A central purpose of the Food and training program for its staff on the least Drug Administration Modernization Act Docket No. 01D–0202 burdensome approach as well as ways of 1997 (FDAMA) was to ensure the to assess both the agency’s success in Medical Devices: The Least timely availability of safe and effective implementing the principles and Burdensome Provisions of the FDA new products that would benefit the industry’s satisfaction with FDA’s Modernization Act of 1997; Concept American public. While Congress incorporation of them into its daily and Principles; Availability wanted to reduce unnecessary burdens activities. The agency agrees with these associated with the premarket clearance comments, and its responses to them are AGENCY: Food and Drug Administration, and approval processes, Congress did discussed in the ‘‘Foreword’’ of the HHS. not lower the statutory thresholds for guidance. ACTION: Notice. substantial equivalence or reasonable assurance of safety and effectiveness. To II. Significance of Guidance SUMMARY: The Food and Drug help achieve this goal, Congress added This guidance is being issued Administration (FDA) is announcing the section 513(i)(1)(D) and (a)(3)(D)(ii) to consistent with FDA’s good guidance availability of the final guidance the act (21 U.S.C. 360c(i))(l)(D) and practices regulation (21 CFR 10.115). entitled ‘‘The Least Burdensome (a)(3)(D)(ii). Specifically, section The guidance represents the agency’s Provisions of the FDA Modernization 513(i)(1)(D) states: current thinking on the least Act of 1997: Concept and Principles.’’ Whenever the Secretary requests burdensome provisions of the act. It This final guidance discusses the information to demonstrate that devices with does not create or confer any rights for agency’s interpretation of the least differing technological characteristics are or on any person and does not operate substantially equivalent, the Secretary shall burdensome provisions of the Federal to bind FDA or the public. An Food, Drug, and Cosmetic Act (the act). only request information that is necessary to making substantial equivalence alternative approach may be used if DATES: Submit written or electronic determinations. In making such request, the such approach satisfies the applicable comments on the guidance at any time. Secretary shall consider the least statute and regulations. General comments on agency guidance burdensome means of demonstrating documents are welcome at any time. substantial equivalence and request III. Electronic Access ADDRESSES: Submit written requests for information accordingly. In order to receive ‘‘The Least single copies on a 3.5″ diskette of the Section 513(a)(3)(D)(ii) states that: Burdensome Provisions of the FDA Any clinical data, including one or more guidance document entitled ‘‘The Least well-controlled investigations, specified in Modernization Act of 1997; Concept and Burdensome Provisions of the FDA writing by the Secretary for demonstrating a Principles’’ via your fax machine, call Modernization Act of 1997: Concept and reasonable assurance of device effectiveness the CDRH Facts-On-Demand system at Principles’’ to the Division of Small shall be specified as a result of a 800–899–0381 or 301–827–0111 from a Manufacturers, International and determination by the Secretary that such data touch-tone telephone. Press 1 to enter Consumer Assistance (HFZ–220), Center are necessary to establish device the system. At the second voice prompt for Devices and Radiological Health, effectiveness. The Secretary shall consider, in press 1 to order a document. Enter the consultation with the applicant, the least Food and Drug Administration, 1350 burdensome appropriate means of evaluating document number (1332) followed by Piccard Dr., Rockville, MD 20850. Send device effectiveness that would have a the pound sign (#). Follow the two self-addressed adhesive labels to reasonable likelihood of resulting in remaining voice prompts to complete assist that office in processing your approval. your request.

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Persons interested in obtaining a copy individuals may submit one copy. Institutes of Health (NIH) will publish of the guidance may also do so using the Comments are to be identified with the periodic summaries of proposed Internet. CDRH maintains an entry on docket number found in brackets in the projects to be submitted to the Office of the Internet for easy access to heading of this document. In many Management and Budget (OMB) for information including text, graphics, cases, comments may be submitted review and approval. and files that may be downloaded to a electronically at http://www.fda.gov/ Proposed Collection personal computer with Internet access. opacom/backgrounders/voice.html. The Updated on a regular basis, the CDRH guidance document and received Title: NIH Intramural Research home page includes the civil money comments may be seen in the Dockets Training Award, Program Application. penalty guidance documents package, Management Branch between 9 a.m. and Type of Information Collection device safety alerts, Federal Register 4 p.m., Monday through Friday. Request: Revision/OMB No. 0925–0299; reprints, information on premarket Dated: September 27, 2002. 3/31/2003. submissions (including lists of approved Margaret M. Dotzel, Need and Use of Information applications and manufacturers’ Associate Commissioner for Policy. Collection: The proposed information addresses), small manufacturers’ collection activity is for the purpose of assistance, information on video [FR Doc. 02–25195 Filed 10–3–02; 8:45 am] BILLING CODE 4160–01–S collecting data related to the availability conferencing and electronic of Training Fellowships under the NIH submissions, Mammography Matters, Intramural Research Training Award and other device-oriented information. Program. This information must be The CDRH home page may be accessed DEPARTMENT OF HEALTH AND HUMAN SERVICES submitted in order to received due at http://www.fda.gov/cdrh. consideration for an award and will be IV. Comments National Institutes of Health used to determine the eligibility and Interested persons may, at any time, quality of potential awardees. Proposed Collection; Comment Frequency of Response: On occasion. submit written comments regarding this Request; NIH Intramural Research, Affected Public: Individuals seeking guidance to Dockets Management Training Award, Program Application Branch (HFA–305), Food and Drug Intramural Training award Administration, 5630 Fishers Lane, rm. SUMMARY: In compliance with the opportunities. 1061, Rockville, MD 20852. Comments requirement of section 3506(c)(2)(A) of Type of Respondents: Postdoctoral, should be identified with the docket the Paperwork Reduction Act of 1995, pre-doctoral, post-baccalaureate, number found in brackets in the for opportunity for public comment on technical, and student IRTA applicants. heading of this document. Submit two proposed data collection projects, the There are no capital costs, operating copies of any comments, except that Office of the Director, the National costs, and/or maintenance cost to report.

Estimated Estimated Estimated number of Average bur- total annual Type of respondent number of responses den hours burden respondents per re- per response hours respondent quested

Postdoctoral IRTA ...... 1,375 1.00 1.00 1375 Predoctoral ...... 306 1.00 1.00 306 Postbaccalaureate ...... 793 1.00 1.00 793 Technical IRTA ...... 83 1.00 1.00 83 Student IRTA ...... 3,800 1.00 1.00 3,800 References for all IRTA categories ...... 15,188 1.00 0.33 5,012

Total ...... 21,545 1.00 0.5276862 11,369

Request for Comments technological collection techniques or Dated: September 26, 2002. Written comments and/or suggestions other forms of information technology. Frederick C. Walker, from the public and affected agencies FOR FURTHER INFORMATION CONTACT: To Acting Director of Human Resources. are invited on one or more of the request more information on the [FR Doc. 02–25230 Filed 10–3–02; 8:45 am] following points: (1) Whether the proposed project or to obtain a copy of BILLING CODE 4140–01–M proposed collection of information is the data collection plans and necessary for the proper performance of instruments, contact: Edie Bishop, the agency, including whether the Personnel Management Specialist, DEPARTMENT OF HEALTH AND information will have practical utility; Office of Human Resource Management, HUMAN SERVICES (2) The accuracy of the agency’s OD, NIH, Building 31, Room B3C07, 31 estimate of the proposed collection of Center Drive MSC 2203, Behtesda, MD, National Institutes of Health information, including the validity of 20892–2203, or call non-toll-free Environmental Impact Statement: the methodology and assumptions used; number (301) 496–1443, or e-mail your Ravalli County, MT (3) Ways to enhance the quality, utility, request, including your address to: and the clarity of information to be [email protected]. AGENCY: National Institutes of Health collected; and (4) Ways to minimize the Comments Due Date: Comments (NIH), DHHS. burden of the collection of information regarding this information collection are ACTION: Notice of intent. on those who are to respond, including best assured of having their full effect if the use of appropriate automated, received within60 days of the date of SUMMARY: Department of Health and electronic, mechanical, or other this publication. Human Services (DHHS) National

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Institutes of Health (NIH) announces its prepared to evaluate whether an EIS assistance, such as sign language intent to prepare an environmental was needed for this project. A public interpretation or other reasonable impact statement (EIS) to evaluate a scoping/open house meeting was held accommodations, should notify the proposed new containment laboratory on July 15, 2002 at the Hamilton Contact Person listed below in advance on the campus of Rocky Mountain Community Center to solicit public of the meeting. Laboratories (RML) in Hamilton, comment and discussion of issues. Montana. This EIS is being prepared Notification of the meeting was via local The purpose of this NIH conference is and considered in accordance with the print and radio media. A web site for to review the results from the arm of the requirements of the National comments was also provided. Women’s Health Initiative (WHI) Environmental Policy Act (NEPA) of After review of public comment and clinical trial studying the use of 1969, and the President’s Council on information collected to date, NIH has combination estrogen and progestin in Environmental Quality Regulations (40 determined that an EIS should be post-menopausal women. This portion CFR parts 1500–1508). prepared to assess potential impacts of of the clinical trial was halted recently. DATES: A public scoping meeting will be the proposed project. The workshop will place the results of held on October 21, 2002 beginning at The proposed action is to construct this portion of the trial in the context of 7 pm in Hamilton, Montana. Comments and operate a new laboratory building other completed and ongoing Federally on the scope of the EIS for the proposed that includes BSL–4, BSL–3, and BSL– funded research on menopausal project should be received no later than 2 laboratories and administrative and combination hormone therapy (HT). It November 4, 2002. To ensure that the support offices for all of the associated will help clinicians and patients full range of issues related to this activities. In addition, upgrades to the understand the implications of current proposed action and the scope of this RML facility infrastructure including knowledge on decisions regarding short- EIS are addressed, comments are invited heating and cooling facilities, electrical and long-term use of HT. In addition, from all interested parties, including service, security, and emergency power the most recent information from the appropriate Federal, State, and local generation will be made to support the U.S. Preventive Services Task Force on agencies, and private organizations and laboratory. hormone therapy and its use for chronic citizens. Comments and questions Preliminary alternatives will be disease prevention will be presented, as considered including the No Action should be directed to the NIH at the will recommendations on specific Alternative under which the new address listed below. clinical uses of HT from professional facility would not be built. ADDRESSES: The scoping meeting will be organizations. The conference will held at Hamilton High School, Authority: 42 U.S.C. 4321–4347 (National provide information about alternatives Commons Room. Comments should be Environmental Policy Act). for HT for treatment of specific addressed to: Valerie Nottingham, Chief, Dated: September 27, 2002. conditions such as osteoporosis, heart Pollution Control Section, EPB, ORS, Stephen A. Ficca, disease, and vasomotor symptoms that National Institutes of Health, B13/2W64, Associate Director for Research Services, include mood and sleep disorders. 9000 Rockville Pike, Bethesda, National Institutes of Health. Other ongoing studies will be reviewed. Maryland 20892. [FR Doc. 02–25233 Filed 10–3–02; 8:45 am] Time will be provided for public FOR FURTHER INFORMATION CONTACT: BILLING CODE 4140–01–P Valerie Nottingham, Chief, Pollution statements to be presented during the Control Section, EPB, ORS, National second day of the workshop, October Institutes of Health, B13/2W64, 9000 DEPARTMENT OF HEALTH AND 24. Any registered participant may Rockville Pike, Bethesda, Maryland HUMAN SERVICES submit a statement of no more than five 20892, telephone: 301–496–7775. double-spaced typewritten pages. All National Institutes of Health SUPPLEMENTARY INFORMATION: Rocky statements submitted will be made Mountain Laboratories (RML) in available as handouts during the Office of the Director, National conference. Due to time constraints, oral Hamilton, MT is one of the oldest Institutes of Health; Notice of Meeting: statements will be accommodated on a research components of the NIH, and Scientific Workshop—Menopausal first-come first-served basis, and will be plays a key role in the nation’s Hormone Therapy biomedical research program. RML’s limited to three minutes each. mission is to study infectious microbes Notice is hereby given that the Office Registration forms and requests to that cause diseases in humans and of the Director, National Institutes of present oral statements should be sent animals. The RML campus currently Health (NIH), Department of Health and to Ms. Robin Counts, Courtesy includes Biosafety Level 1, 2, and 3 Human Services, will convene a Associates Inc., 2025 M Street, NW, laboratories and administrative and workshop on October 23, 2002, 8:30 Suite 800, Washington, DC, 20036. To support areas. The lab employs am–5 pm; and October 24, 2002, 8:30 register for this conference, please use approximately 230 people. am–3:30 pm. The workshop will be held the online registration form at http:// The Federal Government has at the Natcher Conference Center, NIH, www4.od.nih.gov/orwh/ or contact the approved 66.5 million dollars to fund a 45 Center Drive, Bethesda, Maryland Courtesy Associates HT Conference Line proposed expansion of the existing 20892. at 202–973–8673 Rocky Mountain Laboratory for This meeting is open to the public. ([email protected]) by October 14, biodefense and emerging infectious Advance registration and evidence of 2002. diseases research. The proposed such upon arrival are required as seating expansion includes a new suite of is limited. Proceedings will be videocast Dated: September 26, 2002. laboratories designed and constructed to to additional conference rooms within Ruth L. Kirschstein, the maximum biosafety level, Biosafety the Natcher Conference Center. The Deputy Director, NIH. Level 4 (BSL–4). meeting will be webcast at http:// [FR Doc. 02–25231 Filed 10–3–02; 8:45 am] NIH originally determined that an videocast.nih.gov/. Individuals who BILLING CODE 4140–01–P Environmental Assessment should be plan to attend and need special

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DEPARTMENT OF HEALTH AND and personal information concerning Contact Person: Michael J. Kozak, PhD, HUMAN SERVICES individuals associated with the grant Scientific Review Administrator, Division of applications, the disclosure of which Extramural Activities, National Institute of National Institutes of Health Mental Health, NIH, Neuroscience Center, would constitute a clearly unwarranted 6001 Executive Blvd., Room 6138, MSC 9608, invasion of personal privacy. National Eye Institute; Notice of Closed Bethesda, MD 20892–9608, 301–443–6471, Meeting Name of Committee: National Heart, Lung, [email protected]. and Blood Institute Special Emphasis Panel This notice is being published less than 15 Pursuant to section 10(d) of the Pulmonary Training Grants. days prior to the meeting due to the timing Federal Advisory Committee Act, as Date: November 12, 2002. limitations imposed by the review and funding cycle. amended (5 U.S.C. Appendix 2), notice Time: 8 a.m. to 2 p.m. is hereby given of the following Agenda: To review and evaluate grant Name of Committee: National Institute of applications. Mental Health Special Emphasis Panel, meeting. Place: Holiday Inn—Chevy Chase, 5520 PTSD. The meeting will be closed to the Wisconsin Avenue, Chevy Chase, MD 20815. Date: October 17, 2002. public in accordance with the Contact Person: Roy L. White, PhD, Time: 3 p.m. to 5 p.m. provisions set forth in sections Scientific Review Administrator, Review Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Branch, Room 7192, Division of Extramural applications. as amended. The grant applications and Affairs, National Heart, Lung, and Blood Place: Neuroscience Center, National the discussions could disclose Institute, National Institutes of Health, 6701 Institutes of Health, 6001 Executive Blvd., confidential trade secrets or commercial Rockledge Drive, MSC 7924, Bethesda, MD Bethesda, MD 20892, (Telephone Conference 20892, 301–435–0287. Call). property such as patentable material, Contact Person: David I. Sommers, PhD, and personal information concerning (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Division of individuals associated with the grant Program Nos. 93.233, National Center for Extramural Activities, National Institute of applications, the disclosure of which Sleep Disorders Research; 93.837, Heart and Mental Health, NIH, Neuroscience Center, would constitute a clearly unwarranted Vascular Diseases Research; 93.838, Lung 6001 Executive Blvd., Room 6144, MSC 9606, invasion of personal privacy. Diseases Research; 93.839, Blood Diseases Bethesda, MD 20892–9606, 301–443–7861, and Resources Research, National Institutes [email protected]. Name of Committee: National Eye Institute of Health, HHS) This notice is being published less than 15 Special Emphasis Panel R03 Small Grants for Dated: September 27, 2002. days prior to the meeting due to the timing Pilot Research. LaVerne Y. Stringfield, limitations imposed by the review and Date: November 14–15, 2002. funding cycle. Time: 8 a.m. to 5 p.m. Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. Name of Committee: National Institute of Mental Health Special Emphasis Panel, applications. [FR Doc. 02–25235 Filed 10–3–02; 8:45 am] Treatments for Depression. Place: Hyatt Regency Bethesda, One BILLING CODE 4140–01–M Bethesda Metro Center, Bethesda, MD 20814. Date: October 31, 2002. Contact Person: Jeanette M. Hosseini, PhD, Time: 11:30 a.m. to 1:30 p.m. Agenda: To review and evaluate grant Scientific Review Administrator, Division of DEPARTMENT OF HEALTH AND Extramural Research, National Eye Institute, applications. Bethesda, MD 20892, (301) 451–2020. HUMAN SERVICES Place: Neuroscience Center, National Institutes of Health, 6001 Executive Blvd., (Catalogue of Federal Domestic Assistance National Institutes of Health Bethesda, MD 20892, (Telephone Conference Program Nos. 93.867, Vision Research, Call). National Institute of Health, HHS) National Institute of Mental Health; Contact Person: David I. Sommers, PhD, Dated: September 27, 2002. Notice of Closed Meetings Scientific Review Administrator, Division of LaVerne Y. Stringfield, Extramural Activities, National Institute of Pursuant to section 10(d) of the Director, Office of Federal Advisory Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6144, MSC 9606, Committee Policy. Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice Bethesda, MD 20892–9606, 301–443–7861, [FR Doc. 02–25234 Filed 10–3–02; 8:45 am] is hereby given of the following [email protected]. BILLING CODE 4140–01–M meetings. Name of Committee: National Institute of The meetings will be closed to the Mental Health Special Emphasis Panel, T32 Institutional Training in Social Sciences and DEPARTMENT OF HEALTH AND public in accordance with the provisions set forth in sections Mental Health. HUMAN SERVICES Date: November 4, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8:30 a.m. to 5 p.m. National Institutes of Health as amended. The grant applications and Agenda: To review and evaluate grant the discussions could disclose applications. National Heart, Lung, and Blood confidential trade secrets or commercial Place: Holiday Inn, 8120 Wisconsin Institute; Notice of Closed Meeting property such as patentable material, Avenue, Bethesda, MD 20814. and personal information concerning Contact Person: Joel Sherrill, PhD, Pursuant to section 10(d) of the individuals associated with the grant Scientific Review Administrator, Division of Federal Advisory Committee Act, as applications, the disclosure of which Extramural Activities, National Institute of amended (5 U.S.C. Appendix 2), notice Mental Health, NIH, Neuroscience Center, would constitute a clearly unwarranted 6001 Executive Blvd., Room 6149, MSC 9606, is hereby given of the following invasion of personal privacy. meeting. Bethesda, MD, 20892–9606, 301–443–6102, The meeting will be closed to the Name of Committee: National Institute of jsherrill@;mail.nih.gov. public in accordance with the Mental Health Special Emphasis Panel, Name of Committee: National Institute of provisions set forth in sections Services Research Committee Conflicts. Mental Health Special Emphasis Panel, Date: October 16, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Minority Development and Dissertation Time: 12 p.m. to 1 p.m. Awards. as amended. The grant applications and Agenda: To review and evaluate grant Date: November 7, 2002. the discussions could disclose applications. Time: 11 a.m. to 5 p.m. confidential trade secrets or commercial Place: St. Gregory Hotel & Suites, 2033 M Agenda: To review and evaluate grant property such as patentable material, Street, NW., Washington, DC 20036–3305. applications.

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Place: Holiday Inn, 8120 Wisconsin Extramural Activities, National Institute of DEPARTMENT OF HEALTH AND Avenue, Bethesda, MD 20814. Mental Health, NIH, Neuroscience Center, HUMAN SERVICES Contact Person: Peter J. Sheridan, PhD, 6001 Executive Blvd., Room 6144, MSC 9606, Scientific Review Administrator, Division of Bethesda, MD 20892–9606, 301–443–7861, National Institutes of Health Extramural Activities, National Institute of [email protected]. Mental Health, NIH, Neuroscience Center, Name of Committee: National Institute of National Institute of Allergy and 6001 Executive Blvd., Room 6142, MSC 9606, Infectious Diseases; Notice of Closed Bethesda, MD, 20892–9606, 301–443–1513, Mental Health Special Emphasis Panel, [email protected]. Treatments for Bipolar Illness. Meeting Name of Committee: National Institute of Date: November 15, 2002. Pursuant to section 10(d) of the Time: 3 p.m. to 5 p.m. Mental Health Special Emphasis Panel, Federal Advisory Committee Act, as Treatment for Bulimia Nervosa. Agenda: To review and evaluate grant applications. amended (5 U.S.C. Appendix 2), notice Date: November 8, 2002. is hereby given of the following Time: 10 a.m. to 12 p.m. Place: Neuroscience Center, 6001 Agenda: To review and evaluate grant Executive Boulevard, Rockville, MD 20852 meeting. applications. (Telephone Conference Call). The meeting will be closed to the Place: Neuroscience Center, 6001 Contact Person: David I. Sommers, PhD, public in accordance with the Executive Boulevard, Rockville, MD 20852, Scientific Review Administrator, Division of provisions set forth in sections (Telephone Conference Call). Extramural Activities, National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: David I. Sommers, PhD, Mental Health, NIH, Neuroscience Center, as amended. The grant applications and Scientific Review Administrator, Division of 6001 Executive Blvd., Room 6144, MSC 9606, the discussions could disclose Extramural Activities, National Institute of Bethesda, MD 20892–9606, 301–443–7861, confidential trade secrets or commercial Mental Health, NIH, Neuroscience Center, [email protected]. property such as patentable material, 6001 Executive Blvd., Room 6144, MSC 9606, Bethesda, MD 20892–9606, 301–443–7861, Name of Committee: National Institute of and personal information concerning [email protected]. Mental Health Special Emphasis Panel, individuals associated with the grant Name of Committee: National Institute of Depression in Alzheimer’s Treatment. applications, the disclosure of which Mental Health Special Emphasis Panel, Date: November 18, 2002. would constitute a clearly unwarranted Career Awards to Develop Treatments. Time: 3 p.m. to 5 p.m. invasion of personal privacy. Date: November 8, 2002. Agenda: To review and evaluate grant Name of Committee: National Institute of Time: 3 p.m. to 5 p.m. applications. Allergy and Infectious Diseases Special Agenda: To review and evaluate grant Place: Neuroscience Center, 6001 Emphasis Panel ZAl1–AR–M–J1: NOT–02– applications. Executive Boulevard, Rockville, MD 20852, 023: Biodefense And Emerging Infectious Place: Neuroscience Center, 6001 (Telephone Conference Call). Diseases. Executive Boulevard, Rockville, MD 20852 Contact Person: David I. Sommers, PhD, Date: October 28, 2002. (Telephone Conference Call). Scientific Review Administrator, Division of Time: 3:30 p.m. to 6 p.m. Contact Person: David I. Sommers, PhD, Extramural Activities, National Institute of Agenda: To review and evaluate grant Scientific Review Administrator, Division of Mental Health, NIH, Neuroscience Center, applications and/or proposals. Extramural Activities, National Institute of 6001 Executive Blvd., Room 6144, MSC 9606, Place: 6700 B Rockledge Dr, Bethesda, MD Mental Health, NIH, Neuroscience Center, 20892, (Telephone Conference Call). 6001 Executive Blvd., Room 6144, MSC 9606, Bethesda, MD 20892–9606, 301–443–7861, [email protected]. Contact Person: Alec Ritchie, PhD, Bethesda, MD 20892–9606, 301–443–7861, Scientific Review Administrator, NIAID, [email protected]. Name of Committee: National Institute of DEA, Scientific Review Program, Room 2223, Name of Committee: National Institute of Mental Health Special Emphasis Panel, IP– 6700B Rockledge Drive, MSC-7616, Bethesda, Mental Health Special Emphasis Panel, RISP. MD 20892–7616, 301–496–2550 Treatment for Depressed Latino Youth. Date: November 19, 2002. [email protected]. Date: November 13, 2002. Time: 9 a.m. to 5 p.m. (Catalogue of Federal Domestic Assistance Time: 2 p.m. to 4 p.m. Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, Agenda: To review and evaluate grant applications. and Transplantation Research; 93.856, applications. Place: Holiday Inn, 8120 Wisconsin Microbiology and Infectious Diseases Place: Neuroscience Center, National Avenue, Bethesda, MD 20814. Research, National Institutes of Health, HHS) Institutes of Health, 6001 Executive Contact Person: Henry J. Haigler, PhD, September 27, 2002. Boulevard, Rockville, MD 20852 (Telephone Scientific Review Administrator, Division of Conference Call). Extramural Activities, National Institute of LaVerne Y. Stringfield, Contact Person: David I. Sommers, PhD, Mental Health, NIH, Neuroscience Center, Director, Office of Federal Advisory Scientific Review Administrator, Division of 6001 Executive Blvd., Rm. 6150, MSC 9608, Committee Policy. Extramural Activities, National Institute of Bethesda, MD 20892–9608, 301/443–7216, [FR Doc. 02–25237 Filed 10–3–02; 8:45 am] Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6144, MSC 9606, [email protected]. BILLING CODE 4140–01–M Bethesda, MD 20892–9606, 301–443–7861, (Catalogue of Federal Domestic Assistance [email protected]. Program Nos. 93.242, Mental Health Research DEPARTMENT OF HEALTH AND Name of Committee: National Institute of Grants; 93.281, Scientist Development Mental Health Special Emphasis Panel, HUMAN SERVICES Award, Scientist Development Award for Primary Care Interventions for Mental Clinicians, and Research Scientist Award; Health. National Institutes of Health Date: November 13, 2002. 93.282, Mental Health National Research Time: 4 p.m. to 6 p.m. Service Awards for Research Training, National Institute of Mental Health; Agenda: To review and evaluate grant National Institutes of Health, HHS) Amended Notice of Meeting applications. Dated: September 27, 2002. Notice is hereby given of a change in Place: Neuroscience Center, National LaVerne Y. Stringfield, Institutes of Health, 6001 Executive the meeting of the National Institute of Director, Office of Federal Advisory Boulevard, Bethesda, MD 20892 (Telephone Mental Health Special Emphasis Panel, Committee Policy. Conference Call). October 16, 2002, 8:30 a.m. to October Contact Person: David I. Sommers, PhD, [FR Doc. 02–25236 Filed 10–3–02; 8:45 am] 17, 2002, 5 p.m., Governor’s House Scientific Review Administrator, Division of BILLING CODE 4140–01–M Hotel, 17th & Rhode Island Avenue,

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NW., Washington, DC, 20036 which was Dr. Richard Nakamura and Urban Development, 451 Seventh published in the Federal Register on Mr. Donald Poppke Street, Southwest, Washington, DC September 13, 2002, 67 FR 178. Mr. Kenneth Stith 20410; e-mail [email protected]; The meeting will be held on the same For further information about the NIH telephone (202) 708–2374. This is not a dates at the St. Gregory Hotel and Performance Review Board, contact the toll-free number. Copies of the proposed Suites, 2033 M Street, NW., Office of Human Resource Management, forms and other available documents Washington, DC 20036. The meeting Senior and Scientific Employment submitted to OMB may be obtained will end at 1:30 p.m. on 10/17/2002. Division, National Institutes of Health, from Mr. Eddins. The meeting is closed to the public. Building 31/B3C08, Bethesda, Maryland SUPPLEMENTARY INFORMATION: The Dated: September 27, 2002. 20892, telephone (301) 496–1443 (not a Department has submitted the proposal LaVerne Y. Stringfield, toll-free number). for the collection of information, as Director, Office of Federal Advisory Dated: September 26, 2002. described below, to OMB for review, as required by the Paperwork Reduction Committee Policy. Ruth L. Kirschstein, Act (44 U.S.C. Chapter 35). The Notice [FR Doc. 02–25238 Filed 10–3–02; 8:45 am] Deputy Director, NIH. BILLING CODE 4140–01–M lists the following information: (1) The [FR Doc. 02–25232 Filed 10–3–02; 8:45 am] title of the information collection BILLING CODE 4140–01–M proposal; (2) the office of the agency to DEPARTMENT OF HEALTH AND collect the information; (3) the OMB HUMAN SERVICES approval number, if applicable; (4) the DEPARTMENT OF HOUSING AND description of the need for the National Institutes of Health URBAN DEVELOPMENT information and its proposed use; (5) the agency form number, if applicable; Notice of Listing of Members of the [Docket No. FR–4734–N–56] (6) what members of the public will be National Institutes of Health’s Senior Notice of Submission of Proposed affected by the proposal; (7) how Executive Service Performance Review frequently information submissions will Board (PRB) Information Collection to OMB: Monthly/Quarterly Single Family be required; (8) an estimate of the total The National Institutes of Health Delinquent Loan Reporting number of hours needed to prepare the (NIH) announces the persons who will information submission including serve on the National Institutes of AGENCY: Office of the Chief Information number of respondents, frequency of Health’s Senior Executive Service Officer, HUD. response, and hours of response; (9) Performance Review Board. This action ACTION: Notice. whether the proposal is new, an is being taken in accordance with Title extension, reinstatement, or revision of 5, U.S.C., Section 4314(c)(4), which SUMMARY: The proposed information an information collection requirement; requires that members of performance collection requirement described below and (10) the name and telephone review boards be appointed in a manner has been submitted to the Office of number of an agency official familiar to ensure consistency, stability, and Management and Budget (OMB) for with the proposal and of the OMB Desk objectivity in performance appraisals, review, as required by the Paperwork Officer for the Department. and requires that notice of the Reduction Act. The Department is This Notice also lists the following appointment of an individual to serve as soliciting public comments on the information: a member be published in the Federal subject proposal. Title of Proposal: MonthlyQuarterly Register. DATES: Comments Due Date: November Single Family Delinquent Loan The following persons will serve on 4, 2002. Reporting. the NIH Performance Review Board, ADDRESSES: Interested persons are OMB Approval Number: 2502–0060. which oversees the evaluation of invited to submit comments regarding Form Numbers: None. performance appraisals of NIH Senior this proposal. Comments should refer to Description of the Need for the Executive Service (SES) members: the proposal by name and/or OMB Information and Its Proposed Use: Mr. Charles Leasure, Jr. (Chair) approval number (2502–0060) and Information is collected for the Dr. Robert Balaban should be sent to: Lauren Wittenberg, evaluation and monitoring of Dr. Wendy Baldwin OMB Desk Officer, Office of origination and servicing performance Dr. Milton Corn Management and Budget, Room 10235, by HUD-approved mortgagees. Used to Dr. Thomas Gallagher New Executive Office Building, identify potential areas of risk to the Ms. Maureen Gormley Washington, DC 20503; Fax number insurance fund. Dr. Michael Gottesman (202) 395–6974; e-mail Respondents: Business or other for- _ Dr. Marvin Kalt Lauren [email protected]. profit. Dr. Thomas Kindt FOR FURTHER INFORMATION CONTACT: Frequency of Submission: Monthly Dr. Ruth Kirschstein Wayne Eddins, Reports Management and quarterly. Mr. Richard Millstein Officer, QDAM, Department of Housing Reporting Burden:

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

600 9,600 0.4 4,200

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Total Estimated Burden Hours: 4,200 DATES: Comments Due Date: November information and its proposed use; (5) Status: Reinstatement, with change, of 4, 2002. the agency form number, if applicable; previously approved collection for ADDRESSES: Interested persons are (6) what members of the public will be whcih approval has expired. invited to submit comments regarding affected by the proposal; (7) how Authority: Section 3507 of the Paperwork this proposal. Comments should refer to frequently information submissions will Reduction Act of 1995, 44 U.S.C. 35, as the proposal by name and/or OMB be required; (8) an estimate of the total amended. approval number (2502–0094) and number of hours needed to prepare the Dated: September 27, 2002. should be sent to: Lauren Wittenberg, information submission including number of respondents, frequency of Wayne Eddins, OMB Desk Officer, Office of Management and Budget, Room 10235, response, and hours of response; (9) Departmental Reports Management Officer, whether the proposal is new, an Office of the Chief Information Officer. New Executive Office Building, extension, reinstatement, or revision of [FR Doc. 02–25211 Filed 10–3–02; 8:45 am] Washiongton, DC 20503; Fax number (202) 395–6974; e-mail an information collection requirement; BILLING CODE 4210–72–M [email protected]. and (10) the name and telephone number of an agency official familiar FOR FURTHER INFORMATION CONTACT: with the proposal and of the OMB Desk DEPARTMENT OF HOUSING AND Wayne Eddins, Reports Management Officer for the Department. URBAN DEVELOPMENT Officer, QDAM, Department of Housing This Notice also lists the following and Urban Development, 451 Seventh information: [Docket No. FR–4734–N–57] Street, Southwest, Washington, DC Title of Proposal: Assistance Payment 20410; e-mail [email protected]; Notice of Submission of Proposed Contract—Notice of (1) Termination, (2) telephone (202) 708–2374. This is not a Suspension, or (3) Reinstatement. Information Collection to OMB: toll-free number. Copies of the proposed Assistance Payment Contract—Notice OMB Approval Number: 2502–0094. forms and other available documents Form Numbers: HUD–93114. of Termination, Suspension, or submitted to OMB may be obtained Reinstatement Description of the Need for the from Mr. Eddins. Information and Its Proposed Use: This AGENCY: Office of the Chief Information SUPPLEMENTARY INFORMATION: The information collection documents for Officer, HUD. Department has submitted the proposal review and audit each Section 235 ACTION: Notice. for the collection of information, as mortgage serviced by lenders where described below, to OMB for review, as HUD financial assistance to qualified SUMMARY: The proposed information required by the Paperwork Reduction low and moderate income families is collection requirement described below Act (44 U.S.C. Chapter 35). The Notice terminated, suspended, and/or has been submitted to the Office of lists the following information: (1) The reinstated. Management and Budget (OMB) for title of the information collection Respondents: Business or other for- review, as required by the Paperwork proposal; (2) the office of the agency to profit, individuals or households. Reduction Act. The Department is collect the information; (3) the OMB Frequency of Submission: On soliciting public comments on the approval number, if applicable; (4) the occasion. subject proposal. description of the need for the Reporting Burden:

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

300 7,800 0.5 3,900

Total Estimated Burden Hours: 3,900. DEPARTMENT OF HOUSING AND ADDRESSES: Interested persons are Status: Reinstatement, without URBAN DEVELOPMENT invited to submit comments regarding change, of previously approved this proposal. Comments should refer to collection for which approval has [Docket No. FR–4734–N–58] the proposal by name and/or OMB expired. approval number (2502–0395) and Notice of Submission of Proposed should be sent to: Lauren Wittenberg, Authority: Section 3507 of the Paperwork Information Collection to OMB: OMB Desk Officer, Office of Reduction Act of 1995, 44 U.S.C. 35, as Flexible Subsidy, Capital Improvement Management and Budget, Room 10235, amended. Loan Program New Executive Office Building, Dated: September 27, 2002. Washington, DC 20503; Fax number AGENCY: Office of the Chief Information Wayne Eddins, (202) 395–6974; e-mail Officer, HUD. Departmental Reports Management Officer, [email protected]. Office of the Chief Information Officer. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: [FR Doc. 02–25212 Filed 10–3–02; 8:45 am] SUMMARY: The proposed information Wayne Eddins, Reports Management BILLING CODE 4210–72–M collection requirement described below Officer, QDAM, Department of Housing has been submitted to the Office of and Urban Development, 451 Seventh Management and Budget (OMB) for Street, Southwest, Washington, DC review, a required by the Paperwork 20410; e-mail Wayne_Eddins@HUD gov; Reduction Act. The Department is telephone (202) 708–2374. This is not a soliciting public comments on the toll-free number. Copies of the proposed subject proposal. forms and other available documents DATES: Comments Due Date: November submitted to OMB may be obtained 4, 2002. from Mr. Eddins.

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SUPPLEMENTARY INFORMATION: The be required; (8) an estimate of the total Form Numbers: HUD–9823A, 9824A, Department has submitted the proposal number of hours needed to prepare the 9826, 9835, 9834A, and 9835B. for the collection of information, as information submission including Description of the Need for the descried below, to OMB for review, as number of respondents, frequency of Information and its Proposed Use: required by the Paperwork Reduction response, and hours of response; (9) Information provided to the Flexible Act (44 U.S.C. Chapter 35). The Notice whether the proposal is new, an Subsidy Program, and Capital lists the following information; (1) The extension, reinstatement, or revision of Improvement Loan Program insures title of the information collection an information collection requirement; progress reporting on project physical, proposal; (2) the office of agency to and (10) the name and telephone financial, and management collect the information; (3) the OMB number of an agency official familiar improvement goals. approval number, if applicable; (4) the with the proposal and of the OMB Desk Respondents: Business or other for- description of the need for the Officer for the Department. profit, not-for profit institutions, State, information and its proposed use; (5) This Notice also lists the following Local or Tribal Government. the agency form number, if applicable; information: (6) what members of the public will be Title of Proposal: Flexible Subsidy, Frequency of Submission: On affected by the proposal; (7) how Capital Improvement Loan Program. occasion, monthly quarterly, annually. frequently information submissions will OMB Approval Number: 2502–0395. Reporting Burden:

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

20 20 1.5 2,030

Total Estimated Burden Hours: 2,030 Meadows in Douglas County, Colorado’’ SUMMARY: The U.S. Geological Survey Status: Reinstatement, with change. accompanied the permit application. hereby issues Information Quality Authority: Section 3507 of the Paperwork Notice is hereby given that on August Guidelines to comply with guidance by Reduction Act of 1995, 44 U.S.C. 35, as 28, 2002, as authorized by the the Office of Management and Budget in amended. provisions of the Endangered Species the Federal Register, Vol. 2, No. 67, Dated: September 27, 2002. Act, the Service issued a permit (TE– dated January 2, 2002 (67 FR 369, Wayne Eddins, 053241) to the above named party January 3, 2002), and re-issued February Departmental Reports Management Officer, subject to certain conditions set forth 22, 2002, Vol. 67, No. 36, page 8452 for Office of the Chief Information Officer. therein. The permit was granted only implementing Section 515(a) of the [FR Doc. 02–25213 Filed 10–3–02; 8:45 am] after the Service determined that it was Treasury and General Government Appropriations Act for Fiscal Year 2001 BILLING CODE 4210–72–M applied for in good faith, that granting the permit will not be to the (Pub. L. 106–554). disadvantage of the threatened species, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR and that it will be consistent with the Nancy Faries, Geographic Information purposes and policy set forth in the Office, U.S. Geological Survey, 807 Fish and Wildlife Service Endangered Species Act, as amended. National Center, Reston, VA 20192, Additional information on this permit telephone (703–648–6879), e-mail Issuance of Permit for Incidental Take action may be requested by contacting [email protected]. The Information of Threatened Species for the Lincoln the Colorado Field Office, 755 Parfet Quality Guidelines may be viewed at Meadows Commercial Development, Street, Suite 361, Lakewood, Colorado www.gov/info_qual/ Douglas County, CO 80215, telephone (303) 275–2370, SUPPLEMENTARY INFORMATION: The U.S. AGENCY: Fish and Wildlife Service, between the hours of 7 am and 4:30 pm Geological Survey serves the Nation by Interior. weekdays. providing reliable scientific information ACTION: Notice of issuance of permit for Dated: August 27, 2002. to: Describe and undestand the Earth; incidental take of endangered species. Ralph O. Morganweck, minimize loss of life and property from Regional Director, Region 6. natural disasters; manage water, On March 21, 2002, a notice was biological, energy and mineral [FR Doc. 02–25239 Filed 10–3–02; 8:45 am] published in the Federal Register (Vol. resources; and enhance and protect our 67 No. 55 FR 13184), that an application BILLING CODE 4310–55–P quality of life. had been filed with the U.S. Fish and Dated: September 24, 2002. Wildlife Service (Service) by Strawberry Meadows, Inc., on behalf of the Lincoln DEPARTMENT OF THE INTERIOR Anne Frondorf, Deputy Geographic Information Officer. Meadows commercial development, Geological Survey Douglas County, Colorado, for a permit [FR Doc. 02–25207 Filed 10–3–02; 8:45 am] to incidentally take Preble’s meadow Information Quality Guidelines BILLING CODE 4310–Y7–M jumping mouse (Zapus hudsonius Pursuant to Section 515(a) of the preblei), pursuant to section 10(a)(1)(B) Treasury and General Government DEPARTMENT OF THE INTERIOR of the Endangered Species Act of 1973 Appropriations Act for Fiscal Year (16 U.S.C. 1539), as amended. The 2001 National Park Service ‘‘Environmental Assessment/Habitat Conservation Plan for Issuance of an AGENCY: Geological Survey, Department National Register of Historic Places; Endangered Species Section 10(a)(1)(B) of the Interior. Notification of Pending Nominations Permit for the Incidental Take of the ACTION: Notice of availability of Preble’s Meadow Jumping Mouse Nominations for the following information quality guidelines. (Zapus hudsonius preblei) at Lincoln properties being considered for listing

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in the National Register were received Kingman County SOUTH DAKOTA by the National Park Service before Prather, Charles M., Barn, NW 30th St. and Bon Homme County September 21, 2002. Pursuant to § 60.13 NW 60th Ave., Kingman, 02001263 Monfore, Peter and Minnie, House, 612 12th of 36 CFR part 60 written comments St., Springfield, 02001287 concerning the significance of these Stafford County properties under the National Register First Methodist Episcopal Church, 219 W. Clay County criteria for evaluation may be forwarded Stafford, Stafford, 02001264 Andre, William, House, 31256 452nd Ave., Gayville, 02001284 by United States Postal Service, to the MAINE National Register Historic Places, Armory, Old, —Vermillion, 414 E. Clark St., Oxford County Vermillion, 02001285 National Park Service, 1849 C St. NW., Downtown Vermillion Historic District, Main NC400, Washington, DC 20240; by all Hall House, 10 Kilborn St., Bethel, 02001271 St., roughly bounded by Market and Dakota other carriers, National Register of Somerset County Sts., Vermillion, 02001288 Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Bates, Asa, Memorial Chapel, 2 Ten Lots Rd., Davison County Washington, DC 20005; or by fax, 202– Fairfield Center, 02001272 Bobb, E.B., House, 501 E. 4th St., Mitchell, 343–1836. Written or faxed comments Thatcher, Henry Knox, House, Old ME 3 and 02001282 Elm St., Mercer, 02001273 should be submitted by October 21, Meade County 2002. Waldo County Graf, Stephen and Maria, House, 1233 Main St., Sturgis, 02001283 Carol D. Shull, Moody Farm, Jct. of Lawry Rd. and ME 173, Searsmont, 02001269 Keeper of the National Register of Historic Minnehaha County Places. York County Steven’s, Dr., House, 21 S. Riverview CALIFORNIA Ayer, Caleb R., House, 7 Main St., Cornish, Heights, Sioux Falls, 02001286 02001270 By request of the state, building owner, and Madera County certified local official the comment period Executive Office Building, Old Warner MISSOURI has been waived for the following resource: Brothers Studio, 5800 Sunset Blvd., Los St. Louis County NEW JERSEY Angeles, 02001257 Robinson, George R. and Elsie, House, Camden County Santa Clara County (Kirkwood MPS), 443 E. Argonne, Building 17, RCA Victor Company, Camden Kirkwood, 02001268 Mountain View Adobe, 157 Moffett Blvd., Plant, 17 Market St., Camden, 02001253 Mountain View, 02001256 NEVADA [FR Doc. 02–25254 Filed 10–3–02; 8:45 am] COLORADO Washoe County BILLING CODE 4310–70–P El Paso County Nichols, Mary Lee, School, 400–406 Pyramid First Congregational Church, 20 E. St. Vrain Way, Sparks, 02001277 St., Colorado Springs, 02001258 DEPARTMENT OF THE INTERIOR NEW JERSEY Shasta County Passaic County National Park Service Phillips Brothers Mill, Approx. 30 mi. NE of Redding, and 5 mi. E of Oak Run, Oak Run, Goffle Brook Park, Goffle Rd., bet. Lafayette National Register of Historic Places; 02001255 and MacFarlan Ave., Hawthorne, 02001276 Notification of Pending Nominations FLORIDA OHIO Nominations for the following Sarasota County Stark County properties being considered for listing in the National Register were received Hermitage—Whitney Historic District, 6660 French, Garnet B., House, 2410 Cleveland Manasota Key Rd., Englewood, 02001261 Ave., Canton, 02001275 by the National Park Service before September 14, 2002. GEORGIA Summit County Pursuant to § 60.13 of 36 CFR Part 60 Grady County Hall Park Allotment Historic District, written comments concerning the significance of these properties under Evergreen Congregational Church and Roughly along Oakland Ave., from School, 497 Meridian Rd., Beachton, Crestwood Ave. and Crosby St., Akron, the National Register criteria for 02001260 02001274 evaluation may be forwarded by United States Postal Service, to the National OREGON McDuffie County Register Historic Places, National Park Hillman—Bowden House, 1348 Pyland Clackamas County Service, 1849 C St., NW., NC400, Crossing Rd., Thomson, 02001259 Rosenfeld, Walter, Estate, 15361 S. Washington, DC 20240; by all other KANSAS Clackamas River Dr., Oregon City, carriers, National Register of Historic 02001280 Places, National Park Service,1201 Eye Dickinson County St., NW., 8th floor, Washington, DC Josephine County Freeman—Zumbrunn House, 3052 Quail Rd., 20005; or by fax, 202–343–1836. Written Chapman, 02001266 Cornell, Albert B. and Mary, House, 121 NE or faxed comments should be submitted B St., Grants Pass, 02001279 Douglas County by October 21, 2002. Santa Fe Trail—Douglas County Trail Yamhill County Carol D. Shull, Segments (Santa Fe Trail MPS), US 56, 2.5 Evangelical Church of Lafayette, 605 Market Keeper of the National Register of Historic mi. E of Baldwin City, Baldwin, 02001262 St., Lafayette, 02001278 Places. US Post Office—Lawrence, 645 New Hampshire, Lawrence, 02001265 PENNSYLVANIA CALIFORNIA Harvey County Westmoreland County Los Angeles County Goerz, David, House, 2512 N. College Ave., Citizens National Bank of Latrobe, 816 Grey, Zane, Estate, 396 E. Mariposa St., North Newton, 02001267 Ligonier St., Latrobe, 02001281 Altadena, 02001187

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GEORGIA Greenwood School, (Public Schools for Iowa: Winnebago County Growth and Change MPS), 316 37th St., Carroll County Lake Mills Senior High School, (Public Des Moines, 02001235 Schools for Iowa: Growth and Change Whitesburg Baptist Church, 662 Main St., James Callanan Junior High School, (Public MPS), 102 S. 4th Ave. E, Lake Mills, Whitesburg, 02001220 Schools for Iowa: Growth and Change 02001230 MPS), 3010 Center St., Des Moines, Douglas County 02001236 Woodbury County Douglas County Courthouse, 6754 W. Broad Smouse, David W., Opportunity School, Leeds Junior High School, (Public Schools for St., Douglasville, 02001216 (Public Schools for Iowa: Growth and Iowa: Growth and Change MPS), 3919 Floyd County Change MPS), 2820 Center St., Des Moines, Jefferson St., Sioux City, 02001228 02001251 MASSACHUSETTS Main High School, 41 Washington Dr., Rome, Theodore Roosevelt Historic School, (Public 02001219 Schools for Iowa: Growth and Change Hampshire County Sullivan—Hillyer House, 309 E. Second Ave., MPS), 4419 Center St., Des Moines, Mill—Prospect Street Historic District, Rome, 02001215 02001234 Prospect, Chetnut, Bridge, School Sts., Harris County Scott County Raymond Ave., Prospect Court, Hatfield, 02001188 Story—Hadley House, 2626 Hadley Rd., Pine Jefferson Elementary School—Davenport, Mountain, 02001217 (Public Schools for Iowa: Growth and Middlesex County Morgan County Change MPS), 1027 Marquette, Davenport, Cambridge Home for the Aged and Infirm, 02001241 650 Concord Ave., Cambridge, 02001189 Bostwick Historic District, Jct. of Bostwick Lincoln School, (Public Schools for Iowa: Rd. and Fairplay Rd., Bostwick, 02001221 Growth and Change MPS), 318 E 7th St., Suffolk County Taliaferro County Davenport, 02001239 Harrison Square Historic District, Bounded Madison Elementary School, (Public Schools by MBTA Braintree line embankment, Chapman—Steed House, Broad St., for Iowa: Growth and Change MPS), 116 Park, Everett, Freeport, Mill, Asland, Crawfordville, 02001218 East Locust, Davenport, 02001226 Blanche Sts., Victory Rd., Boston, Warren County McKinley Elementary School, (Public 02001190 Warrenton Gymnasium—Auditorium, 304 S. Schools for Iowa: Growth and Change MISSOURI Gibson St., Warrentown, 02001214 MPS), 1716 Kenwood, Davenport, 02001222 Bates County IOWA Monroe Elementary School, (Public Schools Papinville Marais des Cygnes River Bridge, for Iowa: Growth and Change MPS), 1926 Cass County Cty. Rd. 648 over the Marais des Cygenes West 4th St., Davenport, 02001225 R., Papinville, 02001192 Atlantic High School, (Public Schools for Washington Elementary School, (Public Iowa: Growth and Change MPS) 1100 Linn Schools for Iowa: Growth and Change Greene County St., Atlantic, 02001248 MPS), 1608 East Locust, Davenport, Heer’s Department Store, (Springfield, Cerro Gordo County 02001224 Missouri MPS (Additional Documentation)), 138 Park Central Square, Thornton Consolidated School, (Public Shelby County Springfield, 02001207 Schools for Iowa: Growth and Change Irwin Consolidated School, (Public Schools MPS) 100 5th St. N, Thornton, 02001238 for Iowa: Growth and Change MPS), North Jackson County Ventura Consolidated School Historic Street, Irwin, 02001246 Circle Apartments, (Apartment Buildings on District, (Public Schools for Iowa: Growth the North End of the Paseo Boulevard in and Change MPS) Jct. of Mian and Park Story County Kansas City, Missouri MPS), 1200 Paseo Sts., Ventura, 02001231 Ames High School, (Public Schools for Iowa: Blvd., Kansas City, 02001199 Growth and Change MPS), 515 Clark Ave., Ellsworth Apartments, (Apartment Buildings Delaware County Ames, 02001229 on the North End of the Paseo Boulevard Lincoln Elementary School, (Public Schools in Kansas City, Missouri MPS), 928 Paseo for Iowa: Growth and Change MPS) 401 Union County Blvd., Kansas City, 02001203 Lincoln St., Manchester, 02001243 Jefferson Elementary School, (Public Schools Kessler Apartments, (Apartment Buildings on for Iowa: Growth and Change MPS), 501 the North End of the Paseo Boulevard in Harrison County North Cherry, Creston, 02001223 Kansas City, Missouri MPS), 924 Paseo Woodbine Normal School—Woodbine High Blvd., Kansas City, 02001202 School—Woodbine Grade School, (Public Van Buren County Maine Apartments, (Apartment Buildings on Schools for Iowa: Growth and Change Bonaparte School, (Public Schools for Iowa: the North End of the Paseo Boulevard in MPS) 5th and Weare, Woodbine, 02001227 Growth and Change MPS), 610 8th St., Kansas City, Missouri MPS), 1300 Paseo Bonaparte, 02001242 Blvd., Kansas City, 02001198 Henry County Maples Apartments, (Apartment Buildings on Mt. Pleasant High School, (Public Schools for Wapello County the North End of the Paseo Boulevard in Iowa: Growth and Change MPS) 307 E. Ottumwa High School, (Public Schools for Kansas City, Missouri MPS), 1401 E. 10th Monroe, Mt. Pleasant, 02001244 Iowa: Growth and Change MPS), 501 East St., Kansas City, 02001196 Second, Ottumwa, 02001245 Maryland Apartments, (Apartment Buildings Jasper County on the North End of the Paseo Boulevard Emerson Hough Elementary School, (Public Warren County in Kansas City, Missouri MPS), 930 Paseo Schools for Iowa: Growth and Change Inianola High School, (Public Schools for Blvd., Kansas City, 02001204 MPS) 700 N. 4th Ave. E, Newton, 02001232 Iowa: Growth and Change MPS), 301 N. McMahon Apartments, (Apartment Buildings Buxton, Indianola, 02001247 on the North End of the Paseo Boulevard Polk County in Kansas City, Missouri MPS), 1106 Paseo Abraham Lincoln High School, (Public Webster County Blvd., Kansas City, 02001195 Schools for Iowa: Growth and Change North High School, (Public Schools for Iowa: Missouri Apartments, (Apartment Buildings MPS) 2600 SW 9th St., Des Moines, Growth and Change MPS), 1015 5th Ave. on the North End of the Paseo Boulevard 02001250 N, Fort Dodge, 02001249 in Kansas City, Missouri MPS), 1304 Paseo East High School, (Public Schools for Iowa: South Junior High School, (Public Schools Blvd., Kansas City, 02001197 Growth and Change MPS), 815 E. 13th St., for Iowa: Growth and Change MPS), 416 S. New England Apartments, (Apartment Des Moines, 02001233 10th St., Fort Dodge, 02001240 Buildings on the North End of the Paseo

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Boulevard in Kansas City, Missouri MPS), SUMMARY: Pursuant to section 102(2)(C) District, Pecos Valley Artesian 1116 Paseo Blvd., Kansas City, 02001200 of the National Environmental Policy Conservancy District, Fort Sumner Parkview, The, (Apartment Buildings on the Act (NEPA) of 1969, as amended, the Irrigation District, U.S. Fish and North End of the Paseo Boulevard in Bureau of Reclamation (Reclamation) Wildlife Service, New Mexico Kansas City, Missouri MPS), 1000 Paseo and the New Mexico Interstate Stream Blvd., Kansas City, 02001205 Department of Game and Fish, U.S. Virginia Apartments, (Apartment Buildings Commission (NMISC) will prepare a Army Corps of Engineers, Pecos Valley on the North End of the Paseo Boulevard draft environmental impact statement Water Users Organization, Chaves in Kansas City, Missouri MPS), 1100 Paseo (EIS) on Carlsbad Project water County, De Baca County, Eddy County, Blvd., Kansas City, 02001201 operations and water supply and Guadalupe County. conservation to address changes in the Jasper County To receive input from interested operation of Sumner Dam, located on organizations and individuals, public St. Louis and San Francisco Railroad the Pecos River, New Mexico, and scoping meetings will be held and Building, 605 Main St., Joplin, 02001193 implementation of a proposed water additional input invited. Scoping is an Marion County acquisition program in the Pecos River early and open process for determining Marion County Courthouse, 906 Broadway, Basin. Reclamation is the lead federal the scope of issues to be addressed and Hannibal, 02001194 agency and the NMISC will serve as a for identifying the significant issues joint lead agency for NEPA compliance St. Louis Independent City related to a proposed action. The for the proposed action. The purpose of purpose of scoping is to obtain General American Life Insurance Co. Reclamation’s proposed federal action is information that will focus the Buildings, 1501–1511 Locust St., St. Louis to conserve the Pecos bluntnose shiner, (Independent City), 02001206 environmental documentation on a federally threatened fish species, and significant issues. The scoping period is Wayne County to conserve the Carlsbad Project water open through December 6, 2002. supply. The underlying need for Fort Benton, MO U, 3.5 mi. S of jct of MO DATES AND ADDRESSES: Public scoping 34 and MO U, Patterson, 02001191 Reclamation action is compliance with meetings will be held during the month the Endangered Species Act and OHIO of October in Santa Rosa, Ft. Sumner, Reclamation’s responsibility to conserve Carlsbad, and Roswell, New Mexico. Cuyahoga County the Carlsbad Project water supply. The dates and times of the meetings are Operation of Sumner Dam, and Gordon Square Historic District, Detroit Ave. as follows: and W. 65th St., Cleveland, 02001209 related operations of Santa Rosa, • Brantley, and Avalon Dams, and the Monday, October 21, 2002, 7 p.m. Medina County authorities under which those facilities to 9 p.m., City Hall Meeting Room, 141 Medina Masonic Temple and Medina are operated, will be reviewed to 5th Street, Santa Rosa, New Mexico Theater, 120 N. Elmwood Ave. and 139 W. 88435. identify operational flexibility and • Liberty St., Medina, 02001210 opportunities to accomplish the Tuesday, October 22, 2002, 7 p.m. PUERTO RICO purposes of the Carlsbad Project. As the to 9 p.m., Village Community House, EIS progresses, there may develop a 1204 North 4th Street, Ft. Sumner, New Salinas Municipality Central Aguirre Historic Mexico 88119. District, PR 705, at PR 3, km. 151.3, need to assess some change in the • Salinas, 02001208 operation of Fort Sumner Irrigation Wednesday, October 23, 2002, 7 District Diversion Dam (owned by p.m. to 9 p.m., Pecos River Village TEXAS Reclamation and operated by the Fort Conference Center, 711 Muscatel, Room Hays County 3, Carlsbad, New Mexico 88220. Sumner Irrigation District). Effects of • Michaelis, M.G., Ranch, 3600 FM 150 West, proposed operational changes on water Thursday, October 24, 2002, 7 p.m. Kyler, 02001212 supply and other affected resources will to 9 p.m., Bureau of Land Management Onion Creek Post Office and Stagecoach be analyzed and options to mitigate for Conference Room, 2909 West 2nd House, 109 N. Loop 4, Buda, 02001211 any adverse impacts will be identified. Street, Roswell, New Mexico 88201. The release date of the draft EIS for WISCONSIN A water acquisition program will be proposed to conserve Carlsbad Project public comment as well as the dates that Outagamie County water supply. The EIS will also identify the public hearings will be conducted to Appleton City Park Historic District, Roughly potential effects to Texas state line receive comments on the EIS will be bounded by E. Washington, N. Durkee, E. water deliveries and to the state of New announced in the Federal Register and Atlantic, and Lawe Sts., Appleton, Mexico’s ability to comply with the in the local news media. 02001213 Pecos River Compact and the U.S. Reclamation also invites written input [FR Doc. 02–25255 Filed 10–3–02; 8:45 am] Supreme Court Amended Decree in to the scoping process. Written BILLING CODE 4310–70–P Texas v. New Mexico and will include comments regarding the scope and reasonable options to avoid or minimize content of the EIS should be addressed effects. The proposed operational to Lori Robertson, Bureau of DEPARTMENT OF THE INTERIOR changes and mitigation options will be Reclamation, Albuquerque Area Office, within the existing authority of 505 Marquette, NW., Suite 1313, Bureau of Reclamation Reclamation, and will comply with Albuquerque, New Mexico 87102; state, federal, and other applicable laws faxogram (505) 248–5356; e-mail: Carlsbad Project Water Operations and and regulations. During the process, [email protected]. In order to be Water Supply Conservation opportunities to provide additional most useful, comments should be AGENCY: Bureau of Reclamation, environmental, recreational, and water received by December 6, 2002. Our Interior. supply benefits may be identified and practice is to make comments, including names and home addresses of ACTION: Notice of Intent to Prepare a incorporated. The following agencies, governmental respondents, available for public Draft Environmental Impact Statement bodies, and irrigation/conservancy review. Individual respondents may and Announcement of Public Scoping districts will be invited to participate in request that we withhold their home Meetings. the EIS process: Carlsbad Irrigation address from public disclosure, which

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we will honor to the extent allowable by address Pecos River water issues. thought to be economic and social law. If you wish us to withhold your Recently, the two agencies developed an change associated with permanent name and/or address, you must state approach for environmental review of retirement of irrigated farmland. this prominently at the beginning of proposed Pecos River Basin activities. Dated: September 17, 2002. your comment. We will make all One EIS would be prepared for Rick Gold, Reclamation’s Carlsbad Project water submissions from organizations or Regional Director, Upper Colorado Region. businesses, and from individuals operations and water acquisition [FR Doc. 02–25438 Filed 10–3–02; 8:45 am] identifying themselves as (Carlsbad Project Water Operations and representatives or officials of Water Supply Conservation EIS which BILLING CODE 4310–MN–P organizations or businesses, available is the subject of this Notice of Intent). for public disclosure in their entirety. Another EIS would be prepared for a INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: Ms. miscellaneous purposes contract that COMMISSION Lori Robertson, Bureau of Reclamation, would allow the NMISC to use Carlsbad 505 Marquette, NW., Suite 1313, Project water allocated to approximately [Investigation No. 731–TA–1020 Albuquerque, New Mexico 87102; e- 6,000 acres of Carlsbad Irrigation (Preliminary)] mail: ; telephone (505) 248–5326, or Mr. District land for purposes other than John W. Longworth, New Mexico agriculture (Miscellaneous Purposes Barium Carbonate From China Contract EIS). Reclamation and the Interstate Stream Commission, Bataan AGENCY: International Trade NMISC plan to conduct both EIS Memorial Building, State Capitol, PO Commission. Box 25102, Santa Fe, New Mexico processes concurrently to the extent possible and fully coordinate ACTION: Institution of antidumping 87504; e-mail: [email protected]; investigation and scheduling of a telephone (505) 827–7847. environmental analyses. The range of alternatives to be preliminary phase investigation. SUPPLEMENTARY INFORMATION: Federal analyzed in this EIS would likely SUMMARY: The Commission hereby gives involvement in the Pecos River Basin include various operational scenarios began in 1905 with authorization of the notice of the institution of an for Sumner Dam and various sources investigation and commencement of Carlsbad Project. Reclamation stores and and quantities of water for the water delivers Carlsbad Project water for the preliminary phase antidumping acquisition program. Adjustments to the investigation No. 731–TA–1020 benefit of the Carlsbad Irrigation District timing, magnitude, frequency, duration, (CID). Reclamation’s Carlsbad Project (Preliminary) under section 733(a) of the and rate of change of releases from Tariff Act of 1930 (19 U.S.C. 1673b(a)) facilities on the Pecos River now Sumner Dam will likely be addressed. include Sumner Dam, Brantley Dam, (the Act) to determine whether there is The quantity of water stored in or a reasonable indication that an industry and Avalon Dam. The Black River bypassed through Sumner Reservoir Diversion Dam is also a Carlsbad Project in the United States is materially during low-flow periods will be injured or threatened with material facility. Reclamation and CID are also addressed. To the extent that revised injury, or the establishment of an permitted to store Carlsbad Project operations diminish the Carlsbad industry in the United States is water in Santa Rosa Lake provided total Project water supply, the alternatives materially retarded, by reason of storage in all four reservoirs does not will include various water acquisition imports from China of barium exceed 176,500 acre-feet. The Fort options. Water offsets could be through carbonate, provided for in subheading Sumner Diversion Dam is owned by acquisition of water rights voluntarily 2836.60.00 of the Harmonized Tariff Reclamation but it is not associated with offered for sale or lease and other Schedule of the United States, that are the Carlsbad Project. The Fort Summer cooperative mitigation efforts. The alleged to be sold in the United States Irrigation District operates the facility concept of adaptive management would at less than fair value. Unless the and holds title to all water rights be incorporated to allow refinement of diverted at the dam. operations or changes to targets and Department of Commerce extends the In 1987, the Pecos bluntnose shiner ranges as new information becomes time for initiation pursuant to section was listed by the U.S. Fish and Wildlife available, and in response to 732(c)(1)(B) of the Act (19 U.S.C. Service as a threatened species and environmental conditions. 1673a(c)(1)(B)), the Commission must approximately 101 miles of the Pecos The environmental evaluation will reach a preliminary determination in River were designated as critical habitat. assess potential effects that the antidumping investigations in 45 days, Releases from Sumner Dam in 1989 proposed action may have on Indian or in this case by November 14, 2002. adversely affected the Pecos bluntnose Trust Assets. It will also assess potential The Commission’s views are due at shiner. Reclamation consulted with the disproportionate effects on minority or Commerce within five business days U.S. Fish and Wildlife Service and low-income communities. Currently, thereafter, or by November 21, 2002. received a biological opinion from them there are no known environmental For further information concerning in 1991 indicating that operation of justice or Indian Trust Asset issues the conduct of this investigation and Reclamation’s Pecos River facilities was related to the proposed action. rules of general application, consult the jeopardizing the continued existence of Operational scenarios and water right Commission’s Rules of Practice and the Pecos bluntnose shiner. In 1992, acquisitions and other cooperative Procedure, part 201, subparts A through Reclamation began a cooperative mitigation efforts have the potential to E (19 CFR part 201), and part 207, research program aimed at determining adversely affect New Mexico’s ability to subparts A and B (19 CFR part 207). how to meet the needs of the Pecos maintain compliance with the Pecos EFFECTIVE DATE: September 30, 2002. bluntnose shiner and downstream water River Compact and Amended Decree. FOR FURTHER INFORMATION CONTACT: Fred users. Through a multi-agency Effects of each alternative on New Fischer (202–205–3179 or collaborative effort, a hydrologic model Mexico’s state line deliveries and its [email protected]), Office of has been developed and various Pecos River Compact obligations will be Investigations, U.S. International Trade biological reports have been prepared. evaluated. With successful mitigation Commission, 500 E Street, SW., For several years, Reclamation and measures, the most significant issues Washington, DC 20436. Hearing- the NMISC have worked together to associated with the proposed action are impaired persons can obtain

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information on this matter by contacting Conference INTERNATIONAL TRADE the Commission’s TDD terminal on 202– COMMISSION 205–1810. Persons with mobility The Commission’s Director of [Inv. No. 337–TA–480] impairments who will need special Operations has scheduled a conference assistance in gaining access to the in connection with this investigation for 9:30 a.m. on October 22, 2002, at the Certain Panel Fasteners, Products Commission should contact the Office Containing Same, and Components U.S. International Trade Commission of the Secretary at 202–205–2000. Thereof; Notice of Investigation General information concerning the Building, 500 E Street, SW., Commission may also be obtained by Washington, DC. Parties wishing to AGENCY: International Trade accessing its Internet server (http:// participate in the conference should Commission. www.usitc.gov). The public record for contact Fred Fischer (202–205–3179 or ACTION: Institution of investigation this investigation may be viewed on the [email protected]) not later than pursuant to 19 U.S.C. 1337. Commission’s electronic docket (EDIS– October 16, 2002, to arrange for their SUMMARY: ON–LINE) at http://dockets.usitc.gov/ appearance. Parties in support of the Notice is hereby given that a complaint was filed with the U.S. eol/public. imposition of antidumping duties in this investigation and parties in International Trade Commission on SUPPLEMENTARY INFORMATION: opposition to the imposition of such September 4, 2002, under section 337 of duties will each be collectively the Tariff Act of 1930, as amended, 19 Background allocated one hour within which to U.S.C. 1337, on behalf of Kason This investigation is being instituted make an oral presentation at the Industries, Inc. of Shenandoah, Georgia. in response to a petition filed on conference. A nonparty who has A supplement to the complaint was September 30, 2002, by Chemical testimony that may aid the filed on September 19, 2002. The Products Corp., Cartersville, GA. Commission’s deliberations may request complaint, as supplemented, alleges permission to present a short statement violations of section 337 in the Participation in the Investigation and at the conference. importation into the United States, the Public Service List sale for importation, and the sale within Written Submissions the United States after importation of Persons (other than petitioners) certain panel fasteners, products wishing to participate in the As provided in sections 201.8 and 207.15 of the Commission’s rules, any containing same, and components investigation as parties must file an thereof by reason of infringement of entry of appearance with the Secretary person may submit to the Commission on or before October 25, 2002, a written claim 1 of U.S. Letters Patent 6,299,224 to the Commission, as provided in and claims 1–4 of U.S. Letters Patent brief containing information and sections 201.11 and 207.10 of the 6,409,235. The complaint further alleges arguments pertinent to the subject Commission’s rules, not later than seven that an industry in the United States matter of the investigation. Parties may days after publication of this notice in exists as required by subsection (a)(2) of file written testimony in connection the Federal Register. Industrial users section 337. The complainant requests with their presentation at the conference and (if the merchandise under that the Commission institute an no later than three days before the investigation is sold at the retail level) investigation and, after the conference. If briefs or written representative consumer organizations investigation, issue a permanent testimony contain BPI, they must have the right to appear as parties in exclusion order and a permanent cease conform with the requirements of Commission antidumping and desist order. sections 201.6, 207.3, and 207.7 of the investigations. The Secretary will ADDRESSES: The complaint, except for prepare a public service list containing Commission’s rules. The Commission’s rules do not authorize filing of any confidential information contained the names and addresses of all persons, therein, is available for inspection or their representatives, who are parties submissions with the Secretary by facsimile or electronic means. during official business hours (8:45 a.m. to this investigation upon the expiration to 5:15 p.m.) in the Office of the of the period for filing entries of In accordance with sections 201.16(c) Secretary, U.S. International Trade appearance. and 207.3 of the rules, each document Commission, 500 E Street, SW., Room filed by a party to the investigation must 112, Washington, DC 20436, telephone Limited Disclosure of Business be served on all other parties to the Proprietary Information (BPI) Under an 202–205–2000. Hearing impaired investigation (as identified by either the individuals are advised that information Administrative Protective Order (APO) public or BPI service list), and a and BPI Service List on this matter can be obtained by certificate of service must be timely contacting the Commission’s TDD Pursuant to section 207.7(a) of the filed. The Secretary will not accept a terminal on 202–205–1810. Persons Commission’s rules, the Secretary will document for filing without a certificate with mobility impairments who will make BPI gathered in this investigation of service. need special assistance in gaining access available to authorized applicants Authority: This investigation is being to the Commission should contact the representing interested parties (as conducted under authority of title VII of the Office of the Secretary at 202–205–2000. defined in 19 U.S.C. 1677(9)) who are Tariff Act of 1930; this notice is published General information concerning the parties to the investigation under the pursuant to section 207.12 of the Commission may also be obtained by APO issued in the investigation, Commission’s rules. accessing its Internet server at http:// provided that the application is made Issued: October 1, 2002. www.usitc.gov. The public record for this investigation may be viewed on the not later than seven days after the By order of the Commission. publication of this notice in the Federal Commission’s electronic docket (EDIS– Register. A separate service list will be Marilyn R. Abbott, ON–LINE) at http://dockets.usitc.gov/ maintained by the Secretary for those Secretary to the Commission. eol/public. parties authorized to receive BPI under [FR Doc. 02–25323 Filed 10–3–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jay the APO. BILLING CODE 7020–02–P Reiziss, Esq., Office of Unfair Import

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Investigations, U.S. International Trade 19 CFR 201.16(d) and 210.13(a), such Immigration Review, U.S. Department of Commission, telephone 202–205–2579. responses will be considered by the Justice, Suite 2600, 5107 Leesburg Pike, Authority: The authority for institution of Commission if received no later than 20 Falls Church, Virginia 22041; telephone this investigation is contained in section 337 days after the date of service by the (703) 305–0470. of the Tariff Act of 1930, as amended, and Commission of the complaint and the Written comments and suggestions in § 210.10 of the Commission’s rules of notice of investigation. Extensions of from the public and affected agencies practice and procedure, 19 CFR 210.10 time for submitting responses to the concerning the proposed collection of (2002). complaint will not be granted unless information are encouraged. Your Scope of Investigation good cause therefor is shown. Failure of comments should address one or more a respondent to file a timely response to of the following four points: Having considered the complaint, the each allegation in the complaint and in (1) Evaluate whether the proposed U.S. International Trade Commission, this notice may be deemed to constitute collection of information is necessary on September 27, 2002, ordered that— a waiver of the right to appear and for the proper performance of the (1) Pursuant to subsection (b) of contest the allegations of the complaint functions of the agency, including section 337 of the Tariff Act of 1930, as and to authorize the administrative law whether the information will have amended, an investigation be instituted judge and the Commission, without practical utility; to determine whether there is a further notice to that respondent, to find (2) Evaluate the accuracy of the violation of subsection (a)(1)(B) of the facts to be as alleged in the agency’s estimate of the burden of the section 337 in the importation into the complaint and this notice and to enter proposed collection of information, United States, the sale for importation, both an initial determination and a final including the validity of the or the sale within the United States after determination containing such findings, methodology and assumptions used; importation, of certain panel fasteners, and may result in the issuance of a (3) Enhance the quality, utility, and products containing same, or limited exclusion order or a cease and clarity of the information to be components thereof by reason of desist order or both directed against that collected; and infringement of claim 1 of U.S. Letters respondent. (4) Minimize the burden of the Patent 6,299,224 or claims 1, 2, 3 or 4 collection of information on those who of U.S. Letters Patent 6,409,235 and Issued: September 30, 2002. are to respond, including through the whether an industry in the United By order of the Commission. use of appropriate automated, States exists as required by subsection Marilyn R. Abbott, electronic, mechanical, or other (a)(2) of section 337. Secretary to the Commission. technological collection techniques or (2) For the purpose of the [FR Doc. 02–25228 Filed 10–3–02; 8:45 am] other forms of information technology, investigation so instituted, the following BILLING CODE 7020–02–P e.g. permitting electronic submission of are hereby named as parties upon which responses. this notice of investigation shall be Overview of this information served: DEPARTMENT OF JUSTICE collection: (a) The complainant is— (1) Type of information collection: Executive Office for Immigration Kason Industries, Inc., 57 Amlajack Reinstatement, without change, of a Review; Agency Information Collection Blvd., Shenandoah, GA 30265. previously approved collection for Activities: Proposed Collection; (b) The respondents are the following which approval has expired. Comments Requested companies alleged to be in violation of (2) Title of the form/collection: section 337, and are the parties upon ACTION: Application for Suspension of which the complaint is to be served: 60-day notice of information collection under review: reinstatement, Deportation. Cheng Tai Company, Flat A–68F, Mai without change, of a previously (3) Agency form number, if any, and Hing Industrial, Bldg. 16–18, Hing approved collection for which approval the applicable component of the Yip Street, Kwun Tong Kowloon, has expired application for suspension Department of Justice sponsoring the Hong Kong; of deportation. collection: Form Number: EOIR–40, Ningbo Foreign Trading Company, Ltd., Executive Office for Immigration No. 1 Youngor Avenue, Ningbo, The Department of Justice (DOJ), Review, United States Department of China; Executive Office for Immigration Justice. Component Hardware Group, 1890 Review (EOIR), has submitted the (4) Affected public who will be asked Swarthmore Avenue, Lakewood, NJ following information collection request or required to respond, as well as a brief 08701. to the Office of Management and Budget abstract: Primary: Individuals or (c) Jay Reiziss, Esq., Office of Unfair (OMB) for review and approval in households. Other: None. Abstract: This Import Investigations, U.S. International accordance with the Paperwork form is used by certain deportable aliens Trade Commission, 500 E Street, SW., Reduction Act of 1995. The proposed to apply for suspension of deportation Suite 401, Washington, DC 20436, who information collection is published to pursuant to former section 244 of the shall be the Commission investigative obtain comments from the public and Immigration and Nationality Act and 8 attorney, party to this investigation; and affected agencies. Comments are CFR 240.56 (2002). (3) For the investigation so instituted, encouraged and will be accepted for (5) An estimate of the total number of the Honorable Delbert R. Terrill, Jr. is ‘‘sixty days’’ until December 3, 2002. respondents and the amount of time designated as the presiding If you have comments, especially on estimated for an average respondent to administrative law judge. the estimated public burden or respond: 2,000 responses per year at 5 Responses to the complaint and the associated response time, suggestions, hours, 45 minutes per response. notice of investigation must be or need a copy of the proposed (6) An estimate of the total public submitted by the named respondents in information collection instrument with burden (in hours) associated with the accordance with § 210.13 of the instructions or additional information, collection: 11,500 hours annually. Commission’s rules of practice and please contact Chuck Adkins-Blanch, If additional information is required procedure, 19 CFR 210.13. Pursuant to General Counsel, Executive Office for contact: 11,500 hours annually.

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If additional information is required DEPARTMENT OF LABOR DEPARTMENT OF LABOR contact: Mr. Robert B. Briggs, Department Clearance Officer, Office of the Secretary Employment Standards Information Management and Security Administration, Wage and Hour Staff, Justice Management Division, Advisory Committee on Veterans’ Division United States Department of Justice, Employment and Training; Notice of Patrick Henry Building, Suite 1600, 601 Renewal Minimum Wages for Federal and D Street, NW., Washington, DC 20530. Federally Assisted Construction; General Wage Determination Decisions Dated: September 30, 2002. In accordance with the provisions of the Federal Advisory Committee Act Robert B. Briggs, General wage determination decisions and Office of Management and Budget of the Secretary of Labor are issued in Department Clearance Officer, Department of Circular A–63 of March 1974, and after Justice. accordance with applicable law and are consultation with GSA, the Secretary of [FR Doc. 02–25229 Filed 10–3–02; 8:45 am] based on the information obtained by Labor has determined that the renewal BILLING CODE 4410–30–M the Department of Labor from its study of the Advisory Committee on Veterans’ of local wage conditions and data made Employment and Training is in the available from other sources. They DEPARTMENT OF JUSTICE public interest in connection with the specify the basic hourly wage rates and performance of duties imposed on the fringe benefits which are determined to Department of Justice Information Department by section 4110 of title 38, be prevailing for the described classes of Quality Guidelines for Information United States Code. laborers and mechanics employed on Disseminated to the Public The Advisory Committee on Veterans’ construction projects of a similar AGENCY: Justice Management Division, Employment and Training shall: Assess character and in the localities specified Justice. the employment and training needs of therein. ACTION: Notice of availability of veterans; determine the extent to which The determination in these decisions guidelines. the programs and activities of the of prevailing rates and fringe benefits Department of Labor are meeting such have been made in accordance with 29 SUMMARY: The Department of Justice, in needs; carry out such other activities CFR Part 1, by authority of the Secretary accordance with Section 515 of the that are necessary to make the reports of Labor pursuant to the provisions of Treasury and General Government and recommendations required by law; the Davis-Bacon Act of March 3, 1931, Appropriations Act for FY 2001 (Pub. L. and, not later than July 1 of each year, as amended (46 Stat. 1494, as amended, 106–554) and the Office of Management report to the Secretary of Labor on the 40 U.S.C. 276(a) and of other Federal and Budget Guidelines for Ensuring and employment and training needs of statutes referred to in 29 CFR Part 1, Maximizing the Quality, Objectivity, veterans. Appendix, as well as such additional Utility, and Integrity of Information The Committee shall consist of at statutes as may from time to time be Disseminated by Federal Agencies least 12, but not more than 18, enacted containing provisions for the published in the Federal Register on individuals appointed by the Secretary payment of wages determined to be September 28, 2001 (66 FR 49718) and of Labor to serve as members of the prevailing by the Secretary of Labor in on January 3, 2002 (67 FR 369) (and Advisory Committee, consisting of accordance with the Davis-Bacon Act. reprinted in their entirety on February representatives nominated by veterans’ The prevailing rates and fringe benefits 22, 2002, 67 FR 8452), has posted its organizations that have a national determined in these decisions shall, in final Information Quality Guidelines for employment program; and not more accordance with the provisions of the Information Disseminated to the Public than 6 individuals who are recognized foregoing statutes, constitute the on the DOJ Web site, www.usdoj.gov. authorities in the fields of business, minimum wage payable on Federal and These guidelines explain how DOJ will employment, training, rehabilitation, or federally assisted construction projects ensure and maximize the quality, labor and who are not employees of the to laborers and mechanics of the objectivity, utility, and integrity of Department of Labor. specified classes engaged on contract information disseminated by DOJ. The work of the character and in the guidance also details the administrative The Advisory Committee will report localities described therein. mechanisms that will allow affected to the Assistant Secretary for Veterans’ Good cause is hereby found for not persons to seek and obtain appropriate Employment and Training. It will utilizing notice and public comment correction of information maintained function solely as an advisory body and procedure thereon prior to the issuance and disseminated by DOJ that does not in compliance with the provisions of the of these determinations as prescribed in comply with agency or OMB guidelines. Federal Advisory Committee Act, and 5 U.S.C. 553 and not providing for delay DATES: The guidelines will become its charter will be filed under the Act. in the effective date as prescribed in that effective on October 1, 2002. For further information contact Mr. section, because the necessity to issue FOR FURTHER INFORMATION CONTACT: Mr. John R. Muckelbauer, Executive current construction industry wage Eric Nelson, (202) 307–1825. Assistant, Office of the Assistant determinations frequently and in large Secretary for Veterans’ Employment and Dated: September 26, 2002. volume causes procedures to be Training, U.S. Department of Labor, 200 impractical and contrary to the public Dated: September 30, 2002. Constitution Avenue, NW., Washington, interest. Robert F. Diegelman, DC 20210, telephone (202) 693–4700. General wage determination Acting Assistant Attorney General for decisions, and modifications and Administration. Signed at Washington, DC, this 30th day of September, 2002. supersedeas decisions thereto, contain Dated: September 27, 2002. no expiration dates and are effective Vance Hitch, Elaine L. Chao, from their date of notice in the Federal Chief Information Officer. Secretary of Labor. Register, or on the date written notice [FR Doc. 02–25274 Filed 10–3–02; 8:45 am] [FR Doc. 02–25336 Filed 10–3–02; 8:45 am] is received by the agency, whichever is BILLING CODE 4410–AP–M BILLING CODE 4510–23–M earlier. These decisions are to be used

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in accordance with the provisions of 29 NY020033 (Mar. 1, 2002) FL020103 (Mar. 1, 2002) CFR Parts 1 and 5. Accordingly, the NY020036 (Mar. 1, 2002) FL020104 (Mar. 1, 2002) applicable decision, together with any NY020037 (Mar. 1, 2002) Kentucky: modifications issued, must be made a NY020039 (Mar. 1, 2002) KY020001 (Mar. 1, 2002) NY020040 (Mar. 1, 2002) KY020002 (Mar. 1, 2002) part of every contract for performance of NY020041 (Mar. 1, 2002) the described work within the KY020003 (Mar. 1, 2002) NY020042 (Mar. 1, 2002) KY020004 (Mar. 1, 2002) geographic area indicated as required by NY020043 (Mar. 1, 2002) KY020007 (Mar. 1, 2002) NY020044 (Mar. 1, 2002) an applicable Federal prevailing wage KY020025 (Mar. 1, 2002) law and 29 CFR Part 5. The wage rates NY020045 (Mar. 1, 2002) NY020046 (Mar. 1, 2002) KY020027 (Mar. 1, 2002) and fringe benefits, notice of which is KY020029 (Mar. 1, 2002) published herein, and which are NY020047 (Mar. 1, 2002) NY020048 (Mar. 1, 2002) Volume IV contained in the Government Printing NY020049 (Mar. 1, 2002) Office (GPO) document entitled NY020051 (Mar. 1, 2002) Illinois: ‘‘General Wage Determinations Issued NY020060 (Mar. 1, 2002) IL020001 (Mar. 1, 2002) Under The Davis-Bacon And Related NY020066 (Mar. 1, 2002) IL020002 (Mar. 1, 2002) Acts,’’ shall be the minimum paid by NY020074 (Mar. 1, 2002) IL020004 (Mar. 1, 2002) contractors and subcontractors to NY020076 (Mar. 1, 2002) IL020005 (Mar. 1, 2002) IL020014 (Mar. 1, 2002) laborers and mechanics. Volume II Any person, organization, or IL020015 (Mar. 1, 2002) Distict of Columbia: IL020016 (Mar. 1, 2002) governmental agency having an interest DC020001 (Mar. 1, 2002) in the rates determined as prevailing is IL020017 (Mar. 1, 2002) DC020003 (Mar. 1, 2002) IL020049 (Mar. 1, 2002) encouraged to submit wage rate and Maryland: Indiana: fringe benefit information for MD020001 (Mar. 1, 2002) IN020001 (Mar. 1, 2002) consideration by the Department. MD020002 (Mar. 1, 2002) Further information and self- MD020006 (Mar. 1, 2002) Ohio: OH020001 (Mar. 1, 2002) explanatory forms for the purpose of MD020010 (Mar. 1, 2002) OH020002 (Mar. 1, 2002) submitting this data may be obtained by MD020015 (Mar. 1, 2002) MD020019 (Mar. 1, 2002) OH020003 (Mar. 1, 2002) writing to the U.S. Department of Labor, MD020031 (Mar. 1, 2002) OH020020 (Mar. 1, 2002) Employment Standards Administration, MD020034 (Mar. 1, 2002) OH020023 (Mar. 1, 2002) Wage and Hour Division, Division of MD020035 (Mar. 1, 2002) OH020027 (Mar. 1, 2002) Wage Determinations, 200 Constitution MD020040 (Mar. 1, 2002) OH020028 (Mar. 1, 2002) Avenue, NW., Room S–3014, MD020048 (Mar. 1, 2002) OH020029 (Mar. 1, 2002) Washington, DC 20210. MD020055 (Mar. 1, 2002) OH020033 (Mar. 1, 2002) MD020056 (Mar. 1, 2002) OH020034 (Mar. 1, 2002) Modification to General Wage MD020057 (Mar. 1, 2002) OH020035 (Mar. 1, 2002) Determination Decisions MD020058 (Mar. 1, 2002) OH020036 (Mar. 1, 2002) The number of the decisions listed to Pennsylvania: the Government Printing Office PA020001 (Mar. 1, 2002) Volume V PA020002 (Mar. 1, 2002) Kansas: document entitled ‘‘General Wage PA020005 (Mar. 1, 2002) KS020002 (Mar. 1, 2002) Determinations Issued Under the Davis- PA020006 (Mar. 1, 2002) KS020007 (Mar. 1, 2002) Bacon and Related Acts’’ being modified PA020008 (Mar. 1, 2002) are listed by Volume and State. Dates of PA020011 (Mar. 1, 2002) KS020013 (Mar. 1, 2002) publication in the Federal Register are PA020016 (Mar. 1, 2002) KS020015 (Mar. 1, 2002) PA020017 (Mar. 1, 2002) KS020017 (Mar. 1, 2002) in parentheses following the decisions KS020018 (Mar. 1, 2002) being modified. PA020019 (Mar. 1, 2002) PA020020 (Mar. 1, 2002) KS020019 (Mar. 1, 2002) Volume I PA020023 (Mar. 1, 2002) KS020020 (Mar. 1, 2002) New Hampshire: PA020024 (Mar. 1, 2002) KS020021 (Mar. 1, 2002) NH020011 (Mar. 1, 2002) PA020025 (Mar. 1, 2002) KS020023 (Mar. 1, 2002) New Jersey: PA020026 (Mar. 1, 2002) KS020026 (Mar. 1, 2002) NJ020006 (Mar. 1, 2002) PA020027 (Mar. 1, 2002) KS020028 (Mar. 1, 2002) New York: PA020030 (Mar. 1, 2002) KS020029 (Mar. 1, 2002) NY020001 (Mar. 1, 2002) PA020031 (Mar. 1, 2002) KS020035 (Mar. 1, 2002) NY020002 (Mar. 1, 2002) PA020038 (Mar. 1, 2002) New Mexico: NY020003 (Mar. 1, 2002) PA020040 (Mar. 1, 2002) NM020001 (Mar. 1, 2002) NY020004 (Mar. 1, 2002) PA020042 (Mar. 1, 2002) Oklahoma: NY020005 (Mar. 1, 2002) PA020052 (Mar. 1, 2002) OK020007 (Mar. 1, 2002) PA020061 (Mar. 1, 2002) NY020007 (Mar. 1, 2002) Texas: NY020008 (Mar. 1, 2002) Virginia: TX020002 (Mar. 1, 2002) NY020009 (Mar. 1, 2002) VA020025 (Mar. 1, 2002) NY020011 (Mar. 1, 2002) VA020078 (Mar. 1, 2002) TX020003 (Mar. 1, 2002) NY020012 (Mar. 1, 2002) VA020079 (Mar. 1, 2002) TX020014 (Mar. 1, 2002) NY020013 (Mar. 1, 2002) VA020092 (Mar. 1, 2002) TX020063 (Mar. 1, 2002) NY020014 (Mar. 1, 2002) VA020099 (Mar. 1, 2002) TX020096 (Mar. 1, 2002) NY020016 (Mar. 1, 2002) Volume VI NY020017 (Mar. 1, 2002) Volume III NY020018 (Mar. 1, 2002) Alabama: Idaho: NY020021 (Mar. 1, 2002) AL020024 (Mar. 1, 2002) ID0920003 (Mar. 1, 2002) NY020022 (Mar. 1, 2002) Florida: Wyoming: NY020025 (Mar. 1, 2002) FL020001 (Mar. 1, 2002) WY020008 (Mar. 1, 2002) NY020026 (Mar. 1, 2002) FL020009 (Mar. 1, 2002) NY020031 (Mar. 1, 2002) FL020017 (Mar. 1, 2002) Volume VII NY020032 (Mar. 1, 2002) FL020046 (Mar. 1, 2002) California:

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CA020001 (Mar. 1, 2002) Signed at Washington, DC this 26th Day of the National Aeronautics and Space CA020002 (Mar. 1, 2002) September 2002. Administration. Written objections to CA020004 (Mar. 1, 2002) Carl J. Poleskey, the prospective grant of a license should CA020009 (Mar. 1, 2002) Chief, Branch of Construction Wage be sent to Langley Research Center. CA020013 (Mar. 1, 2002) Determinations. DATES: Responses to this notice must be CA020019 (Mar. 1, 2002) [FR Doc. 02–25054 Filed 10–3–02; 8:45 am] received by October 21, 2002. CA020023 (Mar. 1, 2002) BILLING CODE 4510–27–M CA020025 (Mar. 1, 2002) FOR FURTHER INFORMATION CONTACT: CA020028 (Mar. 1, 2002) Patrick Roughen, Patent Attorney, CA020029 (Mar. 1, 2002) Langley Research Center, Mail Stop 212, NATIONAL AERONAUTICS AND CA020030 (Mar. 1, 2002) Hampton, VA 23681–2199, telephone CA020031 (Mar. 1, 2002) SPACE ADMINISTRATION (757) 864–9340; fax (757) 864–9190. CA020032 (Mar. 1, 2002) [Notice (02–120)] Dated: September 30, 2002. CA020033 (Mar. 1, 2002) Robert M. Stephens, CA020035 (Mar. 1, 2002) Notice of Prospective Patent License Deputy General Counsel. CA020036 (Mar. 1, 2002) [FR Doc. 02–25270 Filed 10–3–02; 8:45 am] CA020037 (Mar. 1, 2002) AGENCY: National Aeronautics and BILLING CODE 7510–02–P Hawaii: Space Administration. HIO20001 (Mar. 1, 2002) ACTION: Notice of prospective patent license. General Wage Determination NATIONAL ARCHIVES AND RECORDS Publication SUMMARY: NASA hereby gives notice ADMINISTRATION that Polyumac Technology, Inc. of 1060 General wage determinations issued E. 30 Street, Hialeah, FL 33013, has under the Davis-Bacon and related Acts, Records Schedules; Availability and applied for an exclusive license to Request for Comments including those noted above, may be practice the inventions described in: found in the Government Printing Office NASA Case No. LAR–15767–1, entitled AGENCY: National Archives and Records (GPO) document entitled ‘‘General Wage Polyimide Precursor Solid Residuum,’’ Administration (NARA). determinations Issued Under the Davis- for which a U.S. Patent 6,180,746 was ACTION: Notice of availability of Bacon And Related Acts’’. This issued to the United States of America proposed records schedules; request for publication is available at each of the 50 as represented by the Administrator of comments. Regional Government Depository the National Aeronautics and Space Libraries across the country. Administration; NASA Case No. SUMMARY: The National Archives and General wage determinations issued LAR15977–1, entitled ‘‘Aromatic Records Administration (NARA) under the Davis-Bacon and related Acts Polyimide Foam,’’ for which a U.S. publishes notice at least once monthly are available electronically at no cost on Patent No. 6,133,330 was issued to the of certain Federal agency requests for the Government Printing Office site at United States of America as represented records disposition authority (records http://www.access.gpo.gov/davisbacon. by the Administrator of the National schedules). Once approved by NARA, they are also available electronically by Aeronautics and Space Administration; records schedules provide mandatory subscription to the Davis-Bacon Online NASA Case No. LAR15831–1, entitled instructions on what happens to records Service (http:// ‘‘Hollow Polyimide Microspheres,’’ for when no longer needed for current davisbacon.fedworld.gov) of the which a U.S. Patent No. 5,994,418 was Government business. They authorize National Technical Information Service issued to the United States of America the preservation of records of (NTIS) of the U.S. Department of as represented by the Administrator of continuing value in the National Commerce at 1–800–363–2068. This the National Aeronautics and Space Archives of the United States and the subscription offers value-added features Administration; NASA Case No. LAR– destruction, after a specified period, of such as electronic delivery of modified 15831–2, entitled ‘‘Hollow Polyimide records lacking administrative, legal, wage decisions directly to the user’s Microspheres,’’ for which a U.S. Patent research, or other value. Notice is desktop, the ability to access prior wage No. 6,235,803 was issued to the United published for records schedules in decisions issued during the year, States of America as represented by the which agencies propose to destroy extensive Help desk Support, Administrator of the National records not previously authorized for Aeronautics and Space Administration; disposal or reduce the retention period Hard-copy subscriptions may be NASA Case No. LAR–15831–3, entitled of records already authorized for purchased from: Superintendent of ‘‘Hollow Polyimide Microspheres,’’ for disposal. NARA invites public Documents, U.S. Government Printing which a U.S. Patent No. 6,084,000 was comments on such records schedules, as Office, Washington, DC 20402, (202) issued to the United States of America required by 44 U.S.C. 3303a(a). 512–1800. as represented by the Administrator of DATES: Requests for copies must be When ordering hard-copy the National Aeronautics and Space received in writing on or before subscription(s), be sure to specify the Administration; NASA Case No. LAR– November 18, 2002. Once the appraisal State(s) of interest, since subscriptions 15745–1, entitled ‘‘Films, of the records is completed, NARA will may be ordered for any or all of the six preimpregnated tapes and composites send a copy of the schedule. NARA staff separate Volumes, arranged by State. made from polyimide ‘‘Salt-like’’ usually prepare appraisal Subscriptions include an annual edition solutions,’’ for which a U.S. Patent No. memorandums that contain additional (issued in January or February) which 6,222,007 was issued to the United information concerning the records includes all current general wage States of America as represented by the covered by a proposed schedule. These, determinations for the States covered by Administrator of the National too, may be requested and will be each volume. Throughout the remainder Aeronautics and Space filed and provided once the appraisal is of the year, regular weekly updates will assigned to the United States of America completed. Requesters will be given 30 be distributed to subscribers. as represented by the Administrator of days to submit comments.

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ADDRESSES: To request a copy of any agency. This notice provides the control copies of records created using records schedule identified in this number assigned to each schedule, the electronic mail and word processing. notice, write to the Life Cycle total number of schedule items, and the Proposed for permanent retention are Management Division (NWML), number of temporary items (the records the following master files with related National Archives and Records proposed for destruction). It also system documentation: civil flagged Administration (NARA), 8601 Adelphi includes a brief description of the master file; criminal flagged master file; Road, College Park, MD 20740–6001. temporary records. The records criminal charge file; civil immediate Requests also may be transmitted by schedule itself contains a full declinations file; and criminal FAX to 301–837–3698 or by e-mail to description of the records at the file unit immediate declinations file. Also [email protected]. Requesters must level as well as their disposition. If proposed for permanent retention are cite the control number, which appears NARA staff has prepared an appraisal recordkeeping copies of the United in parentheses after the name of the memorandum for the schedule, it too States Attorney Annual Statistical agency which submitted the schedule, includes information about the records. Report. and must provide a mailing address. Further information about the 5. Department of Justice, United Those who desire appraisal reports disposition process is available on States Attorneys Offices (N1–118–99–1, should so indicate in their request. request. 7 items, 7 temporary items). Inputs, FOR FURTHER INFORMATION CONTACT: Schedules Pending outputs, master files, and system Larry Baume, Acting Director, Life Cycle 1. Department of Commerce, Bureau documentation for the automated case Management Division (NWML), management system (Legal Information National Archives and Records of Industry and Security (N1–476–02–3, 15 items, 10 temporary items). Records Office Network System), collection Administration, 8601 Adelphi Road, management, and personnel College Park, MD 20740–6001. accumulated by the Office of the Assistant Secretary for Export management systems of the United Telephone: 301–837–1505. E-mail: States Attorneys. Also included are [email protected]. Administration. Included are such records as country files, chronological electronic copies of documents created SUPPLEMENTARY INFORMATION: Each year files, export control subject files, and using electronic mail and word Federal agencies create billions of licensing logs and decision files. processing. records on paper, film, magnetic tape, Electronic copies of records created 6. Department of the Treasury, Bureau and other media. To control this using electronic mail and word of the Public Debt (N1–53–02–13, 2 accumulation, agency records managers processing are also included. Records items, 2 temporary items). Records prepare schedules proposing retention proposed for permanent retention relating to redemption table verification periods for records and submit these include recordkeeping copies of subject and interest rate certification of current schedules for NARA’s approval, using files accumulated by the Assistant and income bonds. the Standard Form (SF) 115, Request for Deputy Assistant Secretary, export 7. Environmental Protection Agency, Records Disposition Authority. These policy advisory committee files, review Office of Enforcement and Compliance schedules provide for the timely transfer board files, and operating committee Assurance (N1–412–02–03, 5 items, 3 into the National Archives of files. temporary items). Electronic software historically valuable records and 2. Department of Defense, Defense programs and paper and electronic authorize the disposal of all other Information Systems Agency (N1–371– input records associated with the records after the agency no longer needs 02–6, 46 items, 46 temporary items). Section Seven Tracking System, as them to conduct its business. Some Records relating to classified automated system used to register and schedules are comprehensive and cover information accounting and control, monitor domestic and foreign pesticide all the records of an agency or one of its information security, physical security, producing companies. The electronic major subdivisions. Most schedules, personnel security, communications data in this system is proposed for however, cover records of only one security, and special compartmented permanent retention as is the system office or program or a few series of information. Also included are documentation. records. Many of these update electronic copies of documents created previously approved schedules, and using electronic mail and word 8. Federal Emergency Management some include records proposed as processing. Agency, Office of General Counsel (N1– permanent. 3. Department of Energy, Bonneville 311–02–4, 5 items, 5 temporary items). No Federal records are authorized for Power Administration (N1–305–02–1, Records relating to the agency’s destruction without the approval of the 21 items, 21 temporary items). Records Alternative Dispute and Resolution Archivist of the United States. This relating to the development and Program, including such records as case approval is granted only after a management of RTO West, a Regional files, agreements, an electronic case file thorough consideration of their Transmission Organization. Included database, statistical reports, and administrative use by the agency of are such records as reports, analyses, summaries. Also included are electronic origin, the rights of the Government and financial and technical records, and copies of records created using of private persons directly affected by supporting materials. Also included are electronic mail and word processing. the Government’s activities, and electronic copies of records created 9. Office of the Corrections Trustee, whether or not they have historical or using word processing and electronic Agency-wide (N1–220–02–25, 5 items, 3 other value. mail. temporary items). Staff working files, Besides identifying the Federal 4. Department of Justice, Executive financial records, and electronic copies agencies and any subdivisions Office for United States Attorneys (N1– of records created using electronic mail requesting disposition authority, this 60–99–1, 26 items, 14 temporary items). and word processing. Records proposed public notice lists the organizational Inputs, outputs, master files, and system for permanent retention include unit(s) accumulating the records or documentation of the automated case recordkeeping copies of organization indicates agency-wide applicability in management, collection management, and interagency workgroup files, the case of schedules that cover records and personnel resource management correspondence files, appointment that may be accumulated throughout an systems. Also included are electronic calendars, and publications.

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Dated: September 30, 2002. Agenda: Roll call, announcements, CFR), Section 50.92, this means that Michael J. Kurtz, overview of accomplishments, planning operation of the facility in accordance Assistant Archivist for Record Services— for FY 2003, reports, new business, with the proposed amendment would Washington, DC. adjournment. not (1) involve a significant increase in [FR Doc. 02–25242 Filed 10–3–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: Joan the probability or consequences of an BILLING CODE 7515–01–P Durocher, Attorney Advisor and accident previously evaluated; or (2) Designated Federal Official, National create the possibility of a new or Council on Disability, 1331 F Street different kind of accident from any NATIONAL ARCHIVES AND RECORDS NW, Suite 850, Washington, DC 20004; accident previously evaluated; or (3) ADMINISTRATION 202–272–2004 (voice), 202–272–2074 involve a significant reduction in a margin of safety. As required by 10 CFR Information Quality Guidelines (TTY), 202–272–2022 (fax), [email protected] (e-mail). 50.91(a), the licensee has provided its AGENCY: National Archives and Records International Watch Advisory analysis of the issue of no significant Administration (NARA). Committee Mission: The purpose of hazards consideration, which is ACTION: Notice of availability of final NCD’s International Watch is to share presented below: information quality guidelines. information on international disability 1. The proposed changes do not involve a issues and to advise NCD on developing significant increase in the probability or SUMMARY: NARA is giving notice of policy proposals that will advocate for consequences of an accident previously availability of its Information Quality a foreign policy that is consistent with evaluated. Guidelines (guidelines). The guidelines The proposed changes will allow use of the the values and goals of the Americans contain NARA’s standards of quality, reactor building crane at Quad Cities Nuclear with Disabilities Act. utility, objectivity, and integrity for Power Station (QCNPS) during power information that is disseminated to the Dated: October 1, 2002. operations to lift heavy loads up to 125 tons Ethel D. Briggs, for removal and re-installation activities for public, and the administrative the reactor cavity shield blocks during the procedures for preparing, reviewing, Executive Director. Unit 1 refueling outage (i.e., Q1R17). The and correcting information products. [FR Doc. 02–25253 Filed 10–3–02; 8:45 am] reactor building crane has additional margin The guidelines also describe the BILLING CODE 6820–MA–P for a total lifted load of 125 tons with single mechanisms for the public to request failure-proof features if a Design Basis correction of information, and to request Earthquake (DBE) is not assumed. Exelon has reconsideration of a NARA decision to qualitatively demonstrated that the NUCLEAR REGULATORY probability of a DBE occurring during the deny a request for correction. COMMISSION The guidelines are available limited duration (estimated to be 24 hours) of the request is very small. The probability electronically at http:// [Docket Nos. 50–254 and 50–265] of load drop accidents previously evaluated www.archives.gov/about_us/ _ is not increased since the capacity of the information quality/guidelines.html. Exelon Generation Company, LLC; reactor building crane equals or exceeds the For a paper copy of the guidelines, Notice of Consideration of Issuance of weight of the reactor cavity shield blocks. contact the person listed in FOR FURTHER Amendment to Facility Operating Therefore, the proposed changes do not INFORMATION CONTACT. License, Proposed No Significant involve a significant increase in the EFFECTIVE DATE: The guidelines were Hazards Consideration Determination, probability or consequences of an accident effective October 1, 2002. and Opportunity for a Hearing previously evaluated. 2. The proposed changes do not create the FOR FURTHER INFORMATION CONTACT: Lisa The U.S. Nuclear Regulatory possibility of a new or different kind of Weber at 301–837–3112. Commission (the Commission) is accident from any accident previously Dated: October 1, 2002. considering issuance of an amendment evaluated. Nancy Allard, to Facility Operating License Nos. DPR– The proposed changes allow use of the 29 and DPR–30 issued to Exelon QCNPS reactor building crane for a limited Federal Register Liaison. duration to lift heavy loads up to a total of [FR Doc. 02–25393 Filed 10–3–02; 8:45 am] Generation Company, LLC (Exelon, the 125 tons during removal and reinstallation BILLING CODE 7515–01–P licensee), for operation of the Quad activities for the reactor cavity shield blocks. Cities Nuclear Power Station, Units 1 The reactor building crane has additional and 2, located in Rock Island County, margin for a lifted load of 125 tons with NATIONAL COUNCIL ON DISABILITY IL. single failure-proof features if a DBE is not The proposed amendment would assumed. The probability of a DBE during the International Watch Advisory revise the Updated Safety Analysis limited duration of the request is very small. Committee Meeting (Conference Call) Report (UFSAR) to allow lifting heavier Therefore, the single failure-proof features loads with the reactor building crane ensure that the proposed changes provide an equivalent level of safety and will not create AGENCY: National Council on Disability during the Unit 1 refueling outage (NCD). the possibility of a new or different kind of beginning in November 2002. accident from any accident previously DATES: 12 noon, EST, November 21, Before issuance of the proposed evaluated. 2002. license amendment, the Commission 3. The proposed changes do not involve a ADDRESSES: National Council on will have made findings required by the significant reduction in a margin of safety. Disability, 1331 F Street, NW., Suite Atomic Energy Act of 1954, as amended The reactor building crane is rated for 850, Washington, DC. (the Act), and the Commission’s lifting loads up to 125 tons. The NRC has Status: All parts of this meeting will regulations. approved qualification of the QCNPS reactor be open to the public. Those interested The Commission has made a building crane as single failure-proof for loads of up to 110 tons. The proposed change in participating in the conference call proposed determination that the allows use of the crane for a limited duration should contact the appropriate staff amendment request involves no to lift loads up to 125 tons. Existing safety member listed below. Due to limited significant hazards consideration. Under margins are enhanced when lifting loads up resources, only a few telephone lines the Commission’s regulations in Title 10 to 125 tons if a DBE is not assumed, and will be available for the conference call. of the Code of Federal Regulations (10 Exelon has demonstrated that the probability

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of a DBE during the limited duration of the affected by this proceeding and who made party to the proceeding; (2) the request is very small. Therefore, it is wishes to participate as a party in the nature and extent of the petitioner’s concluded that the proposed changes do not proceeding must file a written request property, financial, or other interest in result in a significant reduction in the margin of safety. for a hearing and a petition for leave to the proceeding; and (3) the possible intervene. Requests for a hearing and a effect of any order which may be The NRC staff has reviewed the petition for leave to intervene shall be entered in the proceeding on the licensee’s analysis and, based on this filed in accordance with the petitioner’s interest. The petition should review, it appears that the three Commission’s ‘‘Rules of Practice for also identify the specific aspect(s) of the standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 subject matter of the proceeding as to satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should which petitioner wishes to intervene. proposes to determine that the consult a current copy of 10 CFR 2.714,1 Any person who has filed a petition for amendment request involves no which is available at the Commission’s leave to intervene or who has been significant hazards consideration. Public Document Room, located at One admitted as a party may amend the The Commission is seeking public White Flint North, 11555 Rockville Pike petition without requesting leave of the comments on this proposed (first floor), Rockville, Maryland, or Board up to 15 days prior to the first determination. Any comments received electronically on the Internet at the NRC prehearing conference scheduled in the within 30 days after the date of Web site http://www.nrc.gov/reading- proceeding, but such an amended publication of this notice will be rm/doc-collections/cfr/. If there are petition must satisfy the specificity considered in making any final problems in accessing the document, requirements described above. determination. contact the Public Document Room Normally, the Commission will not Not later than 15 days prior to the first issue the amendment until the Reference staff at 1–800–397–4209, 301– prehearing conference scheduled in the expiration of the 30-day notice period. 415–4737, or by e-mail to [email protected]. proceeding, a petitioner shall file a However, should circumstances change If a request for a hearing or petition for supplement to the petition to intervene during the notice period such that leave to intervene is filed by the above which must include a list of the failure to act in a timely way would date, the Commission or an Atomic contentions which are sought to be result, for example, in derating or Safety and Licensing Board, designated litigated in the matter. Each contention shutdown of the facility, the by the Commission or by the Chairman must consist of a specific statement of Commission may issue the license of the Atomic Safety and Licensing the issue of law or fact to be raised or amendment before the expiration of the Board Panel, will rule on the request controverted. In addition, the petitioner 30-day notice period, provided that its and/or petition; and the Secretary or the shall provide a brief explanation of the final determination is that the designated Atomic Safety and Licensing bases of the contention and a concise amendment involves no significant Board will issue a notice of hearing or statement of the alleged facts or expert hazards consideration. The final an appropriate order. opinion which support the contention determination will consider all public As required by 10 CFR 2.714, a and on which the petitioner intends to and State comments received. Should petition for leave to intervene shall set rely in proving the contention at the the Commission take this action, it will forth with particularity the interest of hearing. The petitioner must also publish in the Federal Register a notice the petitioner in the proceeding, and provide references to those specific of issuance and provide for opportunity how that interest may be affected by the sources and documents of which the for a hearing after issuance. The results of the proceeding. The petition petitioner is aware and on which the Commission expects that the need to should specifically explain the reasons petitioner intends to rely to establish take this action will occur very why intervention should be permitted those facts or expert opinion. Petitioner infrequently. with particular reference to the must provide sufficient information to Written comments may be submitted following factors: (1) The nature of the show that a genuine dispute exists with by mail to the Chief, Rules and petitioner’s right under the Act to be the applicant on a material issue of law Directives Branch, Division of or fact. Contentions shall be limited to 1 Administrative Services, Office of The most recent version of Title 10 of the Code matters within the scope of the of Federal Regulations, published January 1, 2002, amendment under consideration. The Administration, U.S. Nuclear Regulatory inadvertently omitted the last sentence of 10 CFR Commission, Washington, DC 20555– 2.714(d) and subparagraphs (d)(1) and (2), regarding contention must be one which, if 0001, and should cite the publication petitions to intervene and contentions. Those proven, would entitle the petitioner to date and page number of this Federal provisions are extant and still applicable to relief. A petitioner who fails to file such petitions to intervene. Those provisions are as a supplement which satisfies these Register notice. Written comments may follows: ‘‘In all other circumstances, such ruling also be delivered to Room 6D59, Two body or officer shall, in ruling on— requirements with respect to at least one White Flint North, 11545 Rockville (1) A petition for leave to intervene or a request contention will not be permitted to Pike, Rockville, Maryland, from 7:30 for hearing, consider the following factors, among participate as a party. other things: Those permitted to intervene become a.m. to 4:15 p.m. Federal workdays. (i) The nature of the petitioner’s right under the Documents may be examined, and/or Act to be made a party to the proceeding. parties to the proceeding, subject to any copied for a fee, at the NRC’s Public (ii) The nature and extent of the petitioner’s limitations in the order granting leave to Document Room, located at One White property, financial, or other interest in the intervene, and have the opportunity to Flint North, 11555 Rockville Pike (first proceeding. participate fully in the conduct of the (iii) The possible effect of any order that may be hearing, including the opportunity to floor), Rockville, Maryland. entered in the proceeding on the petitioner’s The filing of requests for hearing and interest . present evidence and cross-examine petitions for leave to intervene is (2) The admissibility of a contention, refuse to witnesses. discussed below. admit a contention if: If a hearing is requested, the By November 4, 2002, the licensee (i) The contention and supporting material fail to Commission will make a final may file a request for a hearing with satisfy the requirements of paragraph (b)(2) of this determination on the issue of no section; or respect to issuance of the amendment to (ii) The contention, if proven, would be of no significant hazards consideration. The the subject facility operating license and consequence in the proceeding because it would final determination will serve to decide any person whose interest may be not entitle petitioner to relief.’’ when the hearing is held.

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If the final determination is that the accessible from the Agencywide 54.19, 54.21, 54.22, 54.23, and 51.53(c) amendment request involves no Documents Access and Management that is complete and acceptable for significant hazards consideration, the System’s (ADAMS) Public Electronic docketing. The current Docket No. 50– Commission may issue the amendment Reading Room on the Internet at the 395 for Operating License No. NPF–12 and make it immediately effective, NRC Web site, http://www.nrc.gov/ will be retained. The docketing of the notwithstanding the request for a reading-rm/adams.html. Persons who renewal application does not preclude hearing. Any hearing held would take do not have access to ADAMS or who requesting additional information as the place after issuance of the amendment. encounter problems in accessing the review proceeds, nor does it predict If the final determination is that the documents located in ADAMS, should whether the Commission will grant or amendment request involves a contact the NRC PDR Reference staff by deny the application. significant hazards consideration, any telephone at 1–800–397–4209, 301– Before issuance of each requested hearing held would take place before 415–4737, or by e-mail to [email protected]. renewed license, the Commission will the issuance of any amendment. have made the findings required by the A request for a hearing or a petition Dated at Rockville, Maryland, this 2nd day of October 2002. Atomic Energy Act of 1954, as amended for leave to intervene must be filed with (the Act), and the Commission’s rules For the Nuclear Regulatory Commission. the Secretary of the Commission, U.S. and regulations. In accordance with 10 Nuclear Regulatory Commission, Carl F. Lyon, CFR 54.29, the Commission will issue a Washington, DC 20555–0001, Attention: Project Manager, Section 2, Project renewed license on the basis of its Rulemakings and Adjudications Staff, or Directorate III, Division of Licensing Project review if it finds that actions have been may be delivered to the Commission’s Management, Office of Nuclear Reactor identified and have been or will be Regulation. Public Document Room (PDR), located taken with respect to (1) managing the at One White Flint North, 11555 [FR Doc. 02–25385 Filed 10–3–02; 8:45 am] effects of aging during the period of Rockville Pike (first floor), Rockville, BILLING CODE 7590–01–P extended operation on the functionality Maryland, by the above date. Because of of structures and components that have the continuing disruptions in delivery been identified as requiring aging NUCLEAR REGULATORY of mail to United States Government management review, and (2) time- COMMISSION offices, it is requested that petitions for limited aging analyses that have been leave to intervene and requests for [Docket No. 50–395] identified as requiring review, such that hearing be transmitted to the Secretary there is reasonable assurance that the of the Commission either by means of South Carolina Electric and Gas Co., activities authorized by the renewed facsimile transmission to 301–415–1101 Virgil C. Summer Nuclear Station; license will continue to be conducted in or by e-mail to [email protected]. Notice of Acceptance for Docketing of accordance with the current licensing A copy of the petition for leave to the Application and Notice of basis (CLB) and that any changes made intervene and request for hearing should Opportunity for a Hearing Regarding to the plant’s CLB comply with the Act also be sent to the Office of the General Renewal of Facility Operating License and the Commission’s regulations. Counsel, U.S. Nuclear Regulatory No. NPF–12 for an Additional 20-Year Additionally, in accordance with 10 Commission, Washington, DC 20555– Period CFR 51.95(c), the Commission will 0001, and because of continuing prepare an environmental impact disruptions in delivery of mail to United The U.S. Nuclear Regulatory statement that is a supplement to States Government offices, it is Commission (the Commission) is NUREG–1437, ‘‘Generic Environmental requested that copies be transmitted considering an application for the Impact Statement for License Renewal either by means of facsimile renewal of Operating License No. NPF– of Nuclear Power Plants’’ (May 1996). transmission to 301–415–3725 or by e- 12, which authorizes South Carolina Pursuant to 10 CFR 51.26, and as part mail to [email protected]. A copy Electric & Gas Company to operate of the environmental scoping process, of the request for hearing and petition Virgil C. Summer Nuclear Station, at the staff intends to hold a public for leave to intervene should also be 2900 megawatts thermal. The renewed scoping meeting. Detailed information sent to Mr. Edward J. Cullen, Deputy license would authorize the applicant to regarding this meeting will be included General Counsel, Exelon BSC—Legal, operate the Virgil C. Summer Nuclear in a future Federal Register notice. The 2301 Market Street, Philadelphia, PA Station for an additional 20 years Commission also intends to hold public 19101, attorney for the licensee. beyond the period specified in the meetings to discuss the license renewal Nontimely filings of petitions for current license. The current operating process and the schedule for conducting leave to intervene, amended petitions, license for Virgil C. Summer Nuclear the review. The Commission will supplemental petitions and/or requests Station expires on August 6, 2022. provide prior notice of these meetings. for hearing will not be entertained On August 6, 2002, the Commission As discussed further herein, in the event absent a determination by the received an application from South that a hearing is held, issues that may Commission, the presiding officer or the Carolina Electric & Gas Company to be litigated will be confined to those presiding Atomic Safety and Licensing renew the operating license for the pertinent to the foregoing. Board that the petition and/or request Virgil C. Summer Nuclear Station. A Within 30 days from the date of should be granted based upon a Notice of Receipt of Application, ‘‘Virgil publication of this Federal Register balancing of the factors specified in 10 C. Summer Nuclear Station; Notice of notice, the applicant may file a request CFR 2.714(a)(1)(i)-(v) and 2.714(d). Receipt of Application for Renewal of for a hearing, and any person whose For further details with respect to this Facility Operating License No. NPF–12 interest may be affected by this action, see the application for for an Additional 20-year Period,’’ was proceeding and who wishes to amendment dated October 1, 2002, published in the Federal Register on participate as a party in the proceeding which is available for public inspection September 3, 2002, (67 FR 56316). must file a written request for a hearing at the Commission’s PDR, located at The Commission’s staff (the staff) has and a petition for leave to intervene One White Flint North, 11555 Rockville determined that South Carolina Electric with respect to the renewal of the Pike (first floor), Rockville, Maryland. & Gas Company has submitted licenses in accordance with the Publicly available records will be information in accordance with 10 CFR provisions of 10 CFR 2.714.

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Interested persons should consult a interest. The petition must also identify Government offices, it is requested that current copy of 10 CFR 2.714,1 which is the specific aspect(s) of the subject petitions for leave to intervene and available at the Commission’s Public matter of the proceeding as to which requests for hearing be transmitted to Document Room (PDR), 11555 Rockville petitioner wishes to intervene. Any the Secretary of the Commission either Pike (first floor) Rockville, Maryland, person who has filed a petition for leave by means of facsimile transmission to and on the Commission’s Web site at to intervene or who has been admitted 301–415–1101 or by e-mail to http://www.nrc.gov (the Public as a party may amend the petition [email protected]. A copy of the Electronic Reading Room). If a request without requesting leave of the board up request for leave to intervene and for a hearing or a petition for leave to to 15 days before the first prehearing request for hearing should also be sent intervene is filed by the above date, the conference scheduled in the proceeding, to the Office of the General Counsel, Commission or an Atomic Safety and but such an amended petition must U.S. Nuclear Regulatory Commission, Licensing Board designated by the satisfy the specific requirements Washington, DC 20555–0001, and, Commission or by the Chairman of the described above. because of continuing disruptions in Atomic Safety and Licensing Board Not later than 15 days before the first delivery of mail to United States Panel will rule on the request(s) and/or prehearing conference scheduled in the Government offices, it is requested that petition(s), and the Secretary or the proceeding, a petitioner shall file a copies be transmitted either by means of designated Atomic Safety and Licensing supplement to the petition to intervene facsimile transmission to 301–415–3725 Board will issue a notice of hearing or that must include a list of the or by e-mail to [email protected]. an appropriate order. In the event that contentions that the petitioner seeks to A copy of the request for hearing and no request for a hearing or petition for have litigated in the hearing. Each petition for leave to intervene should leave to intervene is filed by the above contention must consist of a specific also be sent to Mr. Stephen A. Byrne, Sr. date, the Commission may, upon statement of the issue of law or fact to Vice President—Nuclear Operations, completion of its evaluations and upon be raised or controverted. In addition, South Carolina Electric & Gas Company, making the findings required under 10 the petitioner shall provide a brief Virgil C. Summer Nuclear Station, PO CFR parts 51 and 54, renew the licenses explanation of the bases of each Box 88, Jenkinsville, SC 29065. contention and a concise statement of without further notice. Nontimely filings of petitions for As required by 10 CFR 2.714, a the alleged facts or the expert opinion that supports the contention and on leave to intervene, amended petitions, petition for leave to intervene shall set supplemental petitions, and/or requests forth, with particularity, the interest of which the petitioner intends to rely in proving the contention at the hearing. for a hearing will not be entertained the petitioner in the proceeding and absent a determination by the how that interest may be affected by the The petitioner must also provide references to those specific sources and Commission, the presiding officer, or results of the proceeding, taking into the Atomic Safety and Licensing Board consideration the limited scope of documents of which the petitioner is aware and on which the petitioner that the petition and/or request should matters that may be considered be granted based upon a balancing of pursuant to 10 CFR parts 51 and 54. The intends to rely to establish those facts or expert opinion. The petitioner must the factors specified in 10 CFR petition must specifically explain the 2.714(a)(1)(i)–(v) and 2.714(d). reasons why intervention should be provide sufficient information to show permitted with particular reference to that a genuine dispute exists with the Detailed information about the license applicant on a material issue of law or the following factors: (1) The nature of renewal process can be found on the fact. Contentions shall be limited to the petitioner’s right under the Act to be Commission’s Web page at http:// matters within the scope of the action made a party to the proceeding, (2) the www.nrc.gov. A copy of the application under consideration. The contention nature and extent of the petitioner’s is available for public inspection at the must be one that, if proven, would property, financial, or other interest in Commission’s PDR, located at One entitle the petitioner to relief. A the proceeding, and (3) the possible White Flint North, 11555 Rockville Pike petitioner who fails to file such a effect of any order that may be entered (first floor), Rockville, Maryland, or on supplement that satisfies these in the proceeding on the petitioner’s the NRC Web site at http://www.nrc.gov/ requirements with respect to at least one reactors/operating/licensing/renewal/ contention will not be permitted to 1 The most recent version of Title 10 of the Code applications/summer.html, while the of Federal Regulations, published January 1, 2002, participate as a party. application is under review. The staff inadvertently omitted the last sentence of 10 CFR Those permitted to intervene become has verified that a copy of the license 2.714(d) and paragraphs (d)(1) and (2), regarding parties to the proceeding, subject to any renewal application for the Virgil C. petitions to intervene and contentions. Those limitations in the order granting leave to provisions are extant and still applicable to Summer Nuclear Station is also petitions to intervene. Those provisions are as intervene, and have the opportunity to available to local residents at the follows: participate fully in the conduct of the Fairfield County Library, in Winnsboro, In all other circumstances, such ruling body or hearing, including the opportunity to South Carolina, and at the Thomas officer shall, in ruling on— present evidence and cross-examine Cooper Library, at the University of (1) A petition for leave to intervene or a request witnesses. South Carolina in Columbia, South for hearing, consider the following factors, among Requests for a hearing and petitions other things: (i) The nature of the petitioner’s right Carolina. under the Act to be made a party to the proceeding. for leave to intervene must be filed with (ii) The nature and extent of the petitioner’s the Secretary of the Commission, U.S. Dated at Rockville, Maryland, this 27th day property, financial, or other interest in the Nuclear Regulatory Commission, of September, 2002. proceeding. (iii) The possible effect of any order Washington, DC 20555–0001, Attention: For the Nuclear Regulatory Commission. that may be entered in the proceeding on the petitioner’s interest. Rulemakings and Adjudications Staff, or Pao-Tsin Kuo, (2) The admissibility of a contention, refuse to may be delivered to the Commission’s Program Director, License Renewal and admit a contention if: (i) The contention and PDR, located at One White Flint North, Environmental Impacts Division of Regulatory supporting material fail to satisfy the requirements 11555 Rockville Pike (first floor), Improvement Programs Office of Nuclear of paragraph (b)(2) of this section; or (ii) The Reactor Regulation. contention, if proven, would be of no consequence Rockville, Maryland, by the above date. in the proceeding because it would not entitle Because of the continuing disruptions in [FR Doc. 02–25245 Filed 10–3–02; 8:45 am] petitioner to relief. delivery of mail to United States BILLING CODE 7590–01–P

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NUCLEAR REGULATORY The meeting may also gather other extension 1478, or by e-mail at COMMISSION information, such as comments on [email protected] no later than October 17, scope of testing and testing methods, 2002. Members of the public may also Proposed Plan to Perform Fire Testing and serve as a vehicle for members of register to provide oral comments of Hemyc (1-Hour) and MT (3-Hour) the public to express concerns and within 15 minutes of the start of the Fire Protection Wrap; Meeting provide advice. session. Individual oral comments may The proposed testing plan is available be limited by the time available, AGENCY: Nuclear Regulatory electronically for public inspection in depending on the number of persons Commission. the NRC Public Document Room (PDR) who register. If special equipment or ACTION: Notice of meeting. located at One White Flint North, 11555 accommodations are needed to attend or Rockville Pike (first floor), Rockville, SUMMARY: present information at the public The NRC staff will hold a Maryland, or from the Publicly public meeting to present an overview meeting, the need should be brought to Available Records (PARS) component of Mr. R. Subbaratnam’s attention no later of the draft plant-specific proposed plan NRC’s Agencywide Documents Access to perform fire testing of Hemyc (1-hour) than October 17, 2002, to provide the and Management System (ADAMS). NRC staff adequate notice to determine and MT (3-hour) fire protection wrap ADAMS is accessible from the NRC Web and to accept public comments on the whether the request can be site at http://www.nrc.gov/reading- accommodated. document. rm.html (the Public Electronic Reading DATES: October 31, 2002, 10 a.m. to 12 Room). The ADAMS accession number Dated at Rockville, Maryland, this 30th day of September, 2002. p.m. for the test plan is ML022280394. If you For the Nuclear Regulatory Commission. ADDRESSES: One White Flint North, do not have access to ADAMS or if there Room O–10 B4, 11555 Rockville Pike, are problems in accessing the John N. Hannon, Rockville, Maryland 20852. documents located in ADAMS, contact Chief, Plant Systems Branch, Division of Systems Safety and Analysis, Office of FOR FURTHER INFORMATION CONTACT: Mr. the NRC PDR Reference staff at 1–800– 397–4209 or 301–415–4737, or by e-mail Nuclear Reactor Regulation. R. Subbaratnam, Project Directorate II, [FR Doc. 02–25246 Filed 10–3–02; 8:45 am] Section 2, Division of Licensing Project at [email protected]. BILLING CODE 7590–01–P Management, Office of Nuclear Reactor Any interested party may submit Regulation, U.S. Nuclear Regulatory comments on the draft test plan. Commission, Washington, DC 20555, Comments may be delivered to Room 6 D22, Two White Flint North, at 11545 NUCLEAR REGULATORY Telephone 1–800–368–5642, extension COMMISSION 1478, or eMail at [email protected]; or Mr. Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal D. Frumkin, Fire Protection and Special Termination of Uranium Milling workdays. Electronic comments may be Projects Section, Plant Systems Branch, submitted to the NRC by e-mail to Licenses in Agreement States; Division of Systems Safety and [email protected] for consideration by the Opportunity To Comment on Draft Analysis, Office of Nuclear Reactor NRC staff. To be certain of Revision of NRC Procedure Regulation, U.S. Nuclear Regulatory consideration, comments on the Commission, Washington, DC 20555, AGENCY: Nuclear Regulatory proposed testing plan must be received Telephone 1–800–368–5642, extension Commission. by November 7, 2002. Comments 2280, or e-mail at [email protected]. ACTION: Request for comment. received after the due date will be SUPPLEMENTARY INFORMATION: As a result considered if it is practical to do so, but SUMMARY: The Nuclear Regulatory of fire protection inspections, the NRC staff is able to assure Commission (NRC) is announcing the unresolved items (URIs) were opened at consideration only for comments availability of a draft revision of the some nuclear power stations due to received on or before this date. Written Office of State and Tribal Programs questions raised regarding the fire rating comments on the testing plan should be (STP) Procedure SA–900: Termination of two fire barrier materials (Shearon addressed to: R. Subbaratnam, Project of Uranium Milling Licenses in Harris (ADAMS ML003685341), and Directorate II, Section 2, Division of Agreement States for review and McGuire (ML003778709)). The URIs Licensing Project Management, U.S. comment. The procedure describes the involve the fire rating of Hemyc and MT Nuclear Regulatory Commission, NRC review process for making fire barrier materials produced by Washington, DC 20555–0001. determinations that all applicable Promatec, Inc. A recent staff review of All comments received by the standards and requirements have been the original fire tests for these materials Commission, including those made by met before Agreement State uranium shows that the original test results may Federal, State, and local agencies, milling license termination. not be consistent with the staff’s safety Indian tribes, or other interested Stakeholder’s comments are requested evaluation report. The NRC has chosen persons, will be made available on the draft revised procedure before to perform fire tests of these materials to electronically at the Commission’s PDR NRC issues the final procedure. determine their actual fire rating when in Rockville, Maryland and from the DATES: The comment period expires applied to meet the requirements of PARS component of ADAMS. Title 10 of the Code of Federal The NRC staff will host an informal November 4, 2002. Comments received Regulations (10 CFR) part 50, appendix discussion 1 hour prior to the start of after this date will be considered if it is R, ‘‘Fire Protection Program for Nuclear the session. No comments on the practical to do so, but the Commission Facilities Operating Prior to January 1, proposed testing plan will be accepted is able to ensure consideration only for 1979,’’ section III.G, as required by 10 during the informal discussions. To be comments received on or before this CFR 50.48, ‘‘Fire Protection.’’ considered, comments must be provided date. The purpose of this meeting is to in writing as discussed above. Persons ADDRESSES: Comments may be gather stakeholder input into the may pre-register to attend or present submitted either electronically or via proposed testing plan to help assure that oral comments at the meeting by U.S. mail. Submit written comments to: the testing plan as proposed includes a contacting Mr. R. Subbaratnam by Chief, Rules and Directives Branch, Mail representative sample of configurations. telephone at 1–800–368–5642, Stop T6–D59, U.S. Nuclear Regulatory

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Commission, Washington, DC 20555– For the Nuclear Regulatory Commission. Dated: September 30, 2002. 0001. Comments may be submitted by Josephine M. Piccone, W. Scott Railton, electronic mail to [email protected]. Acting Director, Office of State and Tribal Chairman. The draft revised procedure is Programs. [FR Doc. 02–25261 Filed 10–3–02; 8:45 am] available at the STP Web site at [FR Doc. 02–25244 Filed 10–3–02; 8:45 am] BILLING CODE 7600–01–M ‘‘Procedure,’’ http://www.hsrd.ornl.gov/ BILLING CODE 7590–01–P nrc/procfrm.htm on the tool bar. A single paper copy of the procedure may be obtained from the For Further RAILROAD RETIREMENT BOARD OCCUPATIONAL SAFETY AND Information Contact. HEALTH REVIEW COMMISSION Agency Forms Submitted for OMB FOR FURTHER INFORMATION CONTACT: Review Kevin Hsueh, Mail Stop: O–3C10, Office Final Information Quality Guidelines SUMMARY: In accordance with the of State and Tribal Programs, U.S. AGENCY: Occupational Safety and Health Paperwork Reduction Act of 1995 (44 Nuclear Regulatory Commission, Review Commission. U.S.C. Chapter 35), the Railroad Washington, DC 20555–0001, telephone Retirement Board (RRB) has submitted ACTION: Notice of guidelines. 301–415–2598. the following proposal(s) for the collection of information to the Office of SUPPLEMENTARY INFORMATION: On March SUMMARY: On May 3, 2002, The 29, 2001, the NRC published a notice in Occupational Safety and Health Review Management and Budget for review and the Federal Register (66 FR 17206) Commission (Review Commission) approval. announcing the formation of a Working solicited comments on its information Summary of Proposal(s) Group composed of representatives from quality guidelines. (67 FR 22469). Few (1) Collection title: Employee’s the NRC and Agreement States. The comments were received. Those that Certification. Working Group was tasked to identify were received were general in nature areas that need improvements in the and did not address the Review (2) Form(s) submitted: G–346. NRC review process and propose a draft Commission’s proposal with specificity. (3) OMB Number: 3220–0104. revised procedure that addresses issues The only changes to the proposal were (4) Expiration date of current OMB identified by the Working Group and made pursuant to suggestions from clearance: 1/31/2003. stakeholders. OMB. The definition of ‘‘disseminate’’ (5) Type of request: Extension of a was amended to conform to the OMB currently approved collection. The Working Group, consisting of five position that dissemination ‘‘also does (6) Respondents: Individuals or representatives from the States, three not include distribution limited to households. NRC representatives and an NRC correspondence with individuals or (7) Estimated annual number of resource representative, began work in persons, archival records, public filings, respondents: 5,400. April 2001. Over the past year, the subpoenas or adjudicative processes. In (8) Total annual responses: 5,400. Working Group held four teleconference addition, dissemination does not (9) Total annual reporting hours: 450. calls and one public meeting with include distribution limited to press (10) Collection description: Under stakeholders. A draft revised STP releases, unless the release contains new section 2 of the Railroad Retirement Act, Procedure SA–900 entitled, substantive information not covered by spouses of retired railroad employees ‘‘Termination of Uranium Milling a previous information dissemination may be entitled to an annuity. The Licenses in Agreement States’’ was subject to the guidelines.’’ collection obtains information from the prepared and published for public Additionally, the guidelines now employee about the employee’s comment on August 23 2001 in the require that where an initial request for previous marriages, if any, to determine Federal Register (66 FR 44389). correction or a request for if any impediment exists to the marriage Based on the Working Group reconsideration requires more than 30 between the employee and his or her evaluation and discussions, comments working days to resolve, ‘‘the agency spouse. provided during the teleconference calls will inform the complainant that more time is required and indicate the reason Additional Information or Comments and the meeting with stakeholders, and why and an estimated decision date.’’ comments received on the draft revised Copies of the forms and supporting Procedure SA–900, the Working Group The guidelines are posted on the documents can be obtained from Chuck prepared and issued a final report in Review Commission’s Web site at Mierzwa, the agency clearance officer July 2002. The final report includes a http://www.oshrc.gov. (312–751–3363). draft revised STP Procedure SA–900 DATES: The guidelines are currently Comments regarding the information that addresses issues identified by the available on the Review Commission collection should be addressed to Ronald J. Hodapp, Railroad Retirement Working Group and stakeholders and an website and are effective immediately. Board, 844 North Rush Street, Chicago, analysis of public comments. A copy of FOR FURTHER INFORMATION CONTACT: Illinois, 60611–2092 and to the OMB the Working Group final report dated Linda Whitsett, Public Information Desk Officer for the RRB, at the Office July 2002 is available for your Officer, One Lafayette Centre, 1120 20th of Management and Budget, Room information at the STP Web site at ‘‘U St., NW., 9th Floor, Washington, DC 10230, New Executive Office building, Mill License Termination,’’ http:// 20036–3419, phone (202) 606–5410, Washington, DC 20503. www.hsrd.ornl.gov/nrc/Umill.htm on extension 215. Chuck Mierzwa, the tool bar. Authority: Section 515 of the Treasury and Clearance Officer. Dated at Rockville, Maryland this 24th day General Government Appropriations Act for [FR Doc. 02–25219 Filed 10–03–02; 8:45 am] of September, 2002. Fiscal Year 2001 (Pub. L. 106–554; 114 Stat. 2763). BILLING CODE 7905–01–M

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SECURITIES AND EXCHANGE (‘‘Act’’) 1 and Rule 19b–4 thereunder.2 It is therefore ordered, pursuant to COMMISSION The proposed rule change would make section 19(b)(2) of the Act,8 that the permanent a pilot program under Amex proposed rule change (SR–Amex-2002– [File No. 500–1] Rule 126(g), Commentary .01, regarding 23) be, and hereby is, approved.9 Nationwide Capital Corporation; Order a 5,000 share minimum block cross size For the Commission, by the Division of of Suspension of Trading to establish size precedence. The pilot Market Regulation, pursuant to delegated program was established in SR-Amex- authority.10 October 1, 2002. 2001–01, and has been in operation Margaret H. McFarland, 3 It appears to the Securities and since March 28, 2001. Notice of the Deputy Secretary. proposed rule change was published in Exchange Commission that there is a [FR Doc. 02–25225 Filed 10–3–02; 8:45 am] lack of current and accurate information the Federal Register on April 3, 2002).4 concerning the securities of Nationwide The Commission received no comments BILLING CODE 8010–01–P Capital Corporation (‘‘Nationwide’’) on the proposal. because of questions regarding the The Commission has reviewed SECURITIES AND EXCHANGE accuracy of assertions by or about carefully the Amex’s proposed rule COMMISSION Nationwide on its Internet website, change, and finds, for the reasons set marketing materials, company press forth below, that the proposal is [Release No. 34–46554; File No. SR–CSE– releases and other publicly available consistent with the requirements of the 2002–12] sources to investors concerning, among Act and the rules and regulations thereunder applicable to a national Self-Regulatory Organizations; Notice other things: (a) The company’s of Filing and Order Granting business operations, (b) the company’s securities exchange, and, in particular, with the requirements of section Accelerated Approval of Proposed business relationships, (c) the Rule Change by the Cincinnati Stock company’s current financial condition, 6(b)(5) 5 of the Act. Section 6(b)(5) requires the rules of a registered Exchange, Inc. Relating to an (d) the company’s acquisition of Your Extension and Expansion of an Corner Office (‘‘YCO’’), a privately held national securities exchange be designed to prevent fraudulent and Existing Pilot Amending CSE Rule company, and (e) trading in the 12.6, Customer Priority, to Require company’s common stock by related manipulative acts and practices, to promote just and equitable principles of Designated Dealers to Better Customer shareholders. Orders at the National Best Bid or The Commission is of the opinion that trade, to foster cooperation and Offer by Whole Penny Increments the public interest and the protection of coordination with persons engaged in investors require a suspension of trading regulating, clearing, settling, processing September 25, 2002. in the securities of the above listed information with respect to, and Pursuant to Section 19(b)(1) of the company. facilitating transactions in securities, to Securities Exchange Act of 1934 Therefore, it is ordered, pursuant to remove impediments to and perfect the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 section 12(k) of the Securities Exchange mechanism of a free and open market notice is hereby given that on Act of 1934, that trading in the above and a national market system, and, in September 19, 2002, the Cincinnati listed company is suspended for the general, to protect investors and the Stock Exchange, Inc. (‘‘CSE’’ or period from 9:30 a.m. EDT, October 1, public interest. The Exchange has ‘‘Exchange’’) filed with the Securities 2002 through 11:59 p.m. EDT, on represented that the reduction in the and Exchange Commission October 14, 2002. size precedence for clean crosses does (‘‘Commission’’) the proposed rule By the Commission. not impair the application of Amex Rule change as described in Items I and II 152, which provides price improvement Jonathan G. Katz, below, which Items have been prepared opportunities for all or a portion of one by the Exchange. The Commission is Secretary. side of a proposed cross.6 Moreover, the [FR Doc. 02–25347 Filed 10–1–02; 4:05 pm] publishing this notice to solicit Commission finds that the size comments on the proposed rule change BILLING CODE 8010–01–P precedence reduction for clean crosses from interested persons and to grant from 25,000 to 5,000 shares reflects an accelerated approval of the proposed appropriate adjustment to a decimalized SECURITIES AND EXCHANGE rule change for a pilot period through environment in which the minimum COMMISSION December 1, 2002. price variation for equity quotes has [Release No. 34–46568; File No. SR–Amex– been reduced from the fractional I. Self-Regulatory Organization’s 2002–23] equivalent of slightly over six cents to Statement of the Terms of Substance of one cent. For these reasons, the the Proposed Rule Change Self-Regulatory Organizations; the Commission finds that the proposed The Exchange proposes to extend the American Stock Exchange LLC; Order rule change is consistent with the initial pilot that amended CSE Rule Granting Approval to a Proposed Rule provisions of the Act, in general, and 12.6, Customer Priority, by adding new Change To Make Permanent a Pilot with section 6(b)(5).7 Interpretation .02 and requiring a CSE Program Under Amex Rule 126(g), Designated Dealer (‘‘Specialist’’) to Commentary .01, Relating to Size 1 15 U.S.C. 78s(b)(1). better the price of a customer limit order Precedence 2 17 CFR 240.19b–4. that is held by that Specialist if that 3 See Securities Exchange Act Release No. 44122 September 27, 2002. (March 28, 2001), 66 FR 18125 (April 5, 2001). Specialist determines to trade with an On March 22, 2002, the American 4 Securities Exchange Act Release No. 45660 Stock Exchange LLC (‘‘Amex’’ or (March 27, 2002), 67 FR 15841. 8 15 U.S.C. 78s(b)(2). ‘‘Exchange’’) filed with the Securities 5 15 U.S.C. 78f(b)(5). 9 In approving the proposal, the Commission has 6 considered the rule’s impact on efficiency, and Exchange Commission See September 17, 2002 letter from Michael Cavalier, Associate General Counsel, Amex, to competition, and capital formation. 15 U.S.C. 78c(f). (‘‘Commission’’) a proposed rule change Nancy Sanow, Assistant Director, Division of 10 17 CFR 200.30–3(a)(12). pursuant to section 19(b)(1) of the Market Regulation, Commission. 1 15 U.S.C. 78s(b)(1). Securities Exchange Act of 1934 7 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.

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incoming market or marketable limit interpretation to the rule covering the remove impediments to and perfect the order.3 Under the pilot rule, the trading of securities in subpenny mechanism of a free and open market Specialist is required to better a increments.6 New Interpretation .02 to and a national market system, and, in customer limit order at the NBBO by at the Rule will require a Specialist to general, to protect investors and the least one penny and at a price outside better the price of a customer limit order public interest. The Exchange requests the current NBBO by at least the nearest held by the Specialist by at least one that this rule be approved on a pilot penny increment. The Exchange is also penny (for those customer limit orders basis through December 1, 2002, to be proposing to expand the pilot to cover at the NBBO) or by at least the nearest co-extensive with the conditional trading in all securities traded on the penny increment (for those customer temporary exemptive relief granted CSE, rather than simply Nasdaq limit orders that are not at the NBBO) concurrently by the Commission in the National Market (‘‘NNM’’) securities and if the Specialist determines to trade Exemption Letter. SmallCap securities. The Exchange is with an incoming market or marketable requesting approval of the proposed rule limit order.7 B. Self-Regulatory Organization’s change on a pilot basis, through The purpose of the new Interpretation Statement on Burden on Competition December 1, 2002. Because the class of is to prevent a Specialist from taking securities covered by the Initial Pilot unfair advantage of customer limit The Exchange does not believe that was restricted to NNM and SmallCap orders held by that Specialist by trading the proposed rule change will impose securities by discussion language in the ahead of such orders with incoming any burden on competition that is not Initial Pilot approval order and by the market or marketable limit orders. necessary or appropriate in furtherance exemption letter associated therewith 4 Notwithstanding the fact that a of the purposes of the Act. (rather than the actual rule text), no Specialist may price-improve incoming C. Self-Regulatory Organization’s orders by providing prices superior to changes are required to the Initial Pilot Statement on Comments on the that of customer limit orders it holds, rule text. Proposed Rule Change Received From customers should have a reasonable Members, Participants or Others II. Self-Regulatory Organization’s expectation to have their orders filled at Statement of the Purpose of, and their limit order prices. This expectation The Exchange has neither solicited Statutory Basis for, the Proposed Rule should be reflected in reasonable access Change nor received written comments on the to incoming contra-side order flow, proposed rule change. In its filing with the Commission, the unless other customers place better- Exchange included statements priced limit orders with the Specialist III. Solicitation of Comments concerning the purpose of and basis for or the Specialist materially improves the proposed rule change and discussed upon the customer limit order prices Interested persons are invited to any comments it received on the (not the customers’ quoted prices) it submit written data, views, and proposed rule change. The text of these holds. arguments concerning the foregoing, statements may be examined at the including whether the proposed rule places specified in Item III below. The 2. Statutory Basis change is consistent with the Act. Exchange has prepared summaries, set The Exchange believes that the Persons making written submissions forth in Sections A, B, and C below, of proposed rule change is consistent with should file six copies thereof with the the most significant aspects of such the provisions of section 6(b) of the Secretary, Securities and Exchange statements. Act,8 in general, and section 6(b)(5) of Commission, 450 Fifth Street, NW., the Act,9 in particular, which requires, A. Self-Regulatory Organization’s Washington, DC 20549–0609. Copies of among other things, that the rules of an Statement of the Purpose of, and the submission, all subsequent Statutory Basis for, the Proposed Rule exchange be designed to promote just amendments, all written statements Change and equitable principles of trade, to with respect to the proposed rule change that are filed with the 1. Purpose order to sell such security in the unit of trading for Commission, and all written a customer. communications relating to the The Exchange proposes to amend 6 In conjunction with this proposed rule change, 5 Exchange Rule 12.6 by adding an the CSE has requested that the Commission extend proposed rule change between the and expand upon the Initial Exemption Letter Commission and any person, other than 3 See Securities Exchange Act Release No. 46274 pursuant to Rules 11Ac1–1(e) (17 CFR 240.11Ac1– those that may be withheld from the (July 29, 2002), 67 FR 50743 (August 5, 2002) (File 1(e)), 11Ac1–2(g) (17 CFR 240.11Ac1–2(g)) and public in accordance with the No. SR–CSE–2001–06) (‘‘Initial Pilot’’). 11Ac1–4(d) (17 CFR 240.11Ac1–4(d)) to allow 4 See letter from Robert L.D. Colby, Deputy subpenny quotations to be rounded down (buy provisions of 5 U.S.C. 552, will be Director, Division of Market Regulation orders) and rounded up (sell orders) to the nearest available for inspection and copying in (‘‘Division’’), Commission, to Jeffrey T. Brown, penny for quote dissemination for Nasdaq and the Commission’s Public Reference General Counsel, CSE (July 26, 2002) (‘‘Initial listed securities. See Letter to Annette Nazareth, Room. Copies of such filing will also be Exemption Letter’’) and letter from Jeffrey T. Brown, Director, Division, Commission, from Jeffrey T. General Counsel, CSE, to Annette Nazareth, Brown, Senior Vice President & General Counsel, available for inspection and copying at Director, Division, Commission (November 27, CSE (September 18, 2002) (‘‘Exemptive Request’’). the principal office of the Exchange. All 2001) (‘‘Initial Exemptive Request’’). Concurrent with the instant accelerated approval, submissions should refer to File No. the Commission has granted the Exemptive 5 CSE Rule 12.6 provides, in pertinent part, that SR–CSE–2002–12 and should be no member shall (i) personally buy or initiate the Request. See letter from Robert L.D. Colby, Deputy purchase of any security traded on the Exchange for Director, Division, Commission, to Jeffrey T. Brown, submitted by October 25, 2002. its own account or for any account in which it or Senior Vice President & General Counsel, CSE any associated person of the member is directly or (September 25, 2002) (‘‘Exemption Letter’’). IV. Commission’s Findings and Order indirectly interested while such a member holds or 7 Interpretation .01 to Rule 12.6 provides that ‘‘[i]f Granting Accelerated Approval of has knowledge that any person associated with it a Designated Dealer holds for execution on the Proposed Rule Change holds an unexecuted market or limit price order to Exchange a customer buy order and a customer sell buy such security in the unit of trading for a order that can be crossed, the Designated Dealer The Commission finds that the shall cross them without interpositioning itself as customer, or (ii) sell or initiate the sale of any such proposed rule change is consistent with security for any such account while it personally a dealer.’’ holds or has knowledge that any person associated 8 15 U.S.C. 78f(b). the Act and the rules and regulations with it holds an unexecuted market or limit price 9 15 U.S.C. 78f(b)(5). thereunder applicable to a national

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securities exchange,10 and, in particular ‘‘Exchange’’) filed with the Securities intended to address concerns that a section 6(b)(5) of the Act.11 As and Exchange Commission member firm might engage in discussed above, by the Exemption (‘‘Commission’’), pursuant to Section manipulative practices by attempting to Letter the Division has extended and 19(b)(1) of the Securities Exchange Act ‘‘mark-up’’ the price of a stock to enable expanded upon the relief granted by the of 1934 (‘‘Act’’) 1 and Rule 19b–4 the member firm to liquidate a position Initial Exemption Letter. The thereunder,2 a proposed rule change to it acquired during a block transaction it Commission believes that the proposed amend NYSE Rule 97 (Limitation on effected with a customer at a profit, or rule change should provide protection Member Trading Because of Block to maintain the market at the price at to customer limit orders in the Positioning) so that it applies only to which the position was acquired. subpenny trading environment by transactions executed at or near the end Under the proposed rule change, helping to ensure that such orders will of the trading day, and to provide NYSE Rule 97 would prevent a member continue to have access to market exceptions to the rule for member organization that holds a long position liquidity ahead of Exchange Specialists organizations that establish the requisite in a security that resulted from a block in appropriate circumstances. internal information barriers and for transaction with a customer from The Commission finds good cause for certain hedging transactions. The effecting within twenty minutes of the approving the proposed rule change on Exchange filed Amendment No. 1 to the close of trading on the Exchange, a a pilot basis prior to the thirtieth day proposed rule change on April 17, 3 purchase on a ‘‘plus’’ tick in that after the date of publication of notice of 2002. The Exchange filed Amendment security at a price higher than the filing thereof in the Federal Register. No. 2 to the proposed rule change on 4 lowest price at which any block was The Commission believes that granting June 28, 2002. acquired in a previous transaction on The proposed rule change, as accelerated approval to the proposed that day, if the person responsible for amended, was published for comment rule change will allow the Exchange to the entry of such order to purchase the provide uninterrupted protection to in the Federal Register on July 19, 5 security had knowledge of the block customer limit orders in subpenny 2002. The Commission received no 9 comments on the proposal. position. The proposed rule change increments in Nasdaq securities and would also add an exception to permit expedite the protection of customer The Commission finds that the proposed rule change, as amended, is a member firm to make an otherwise limit orders in subpenny increments in prohibited purchase during the last listed securities. consistent with the requirements of the Act and the rules and regulations twenty minutes of the trading day to V. Conclusion thereunder applicable to a national hedge a position that is economically securities exchange 6 and, in particular, equivalent to a short position that the It is therefore ordered, pursuant to firm acquired in the course of section 19(b)(2) of the Act,12 that the the requirements of Section 6 of the Act 7 and the rules and regulations facilitating a customer order. Under this proposed rule change (SR–CSE–2002– exception, the hedge must be clearly 12) is hereby approved on an thereunder. The Commission finds specifically that the proposed rule related to transaction that created the accelerated basis for a pilot period short position and the size of the hedge through December 1, 2002. change is consistent with Section 6(b)(5) of the Act 8 because it is designed to must be commensurate with the number For the Commission, by the Division of promote just and equitable principles of of shares required to hedge such Market Regulation, pursuant to delegated trade, and to remove impediments to position. authority.13 and perfect the mechanism of a free and The Commission believes that the Margaret H. McFarland, open market and a national market proposal to limit the restrictions on Deputy Secretary. system. purchasing stock when a firm holds a [FR Doc. 02–25223 Filed 10–3–02; 8:45 am] Currently, NYSE Rule 97 prohibits a long position that resulted from a block BILLING CODE 8010–01–P member firm that holds any part of a facilitation to the last twenty minutes of long position in its trading account, the trading day is consistent with the which resulted from a block transaction Act. The Commission believes it is SECURITIES AND EXCHANGE with a customer, from purchasing for an appropriate for the NYSE to restrict COMMISSION account in which such member firm has such trading activities during this time [Release No. 34–46566; File No. SR–NYSE– an interest, additional shares of such of the trading day. However, the 2001–24] stock on a ‘‘plus’’ or ‘‘zero plus’’ tick for Commission notes that purchases the remainder of the trading day under executed during any time of the trading Self Regulatory Organizations; New certain conditions. NYSE Rule 97 is day continue to be subject to the anti- York Stock Exchange, Inc.; Order manipulative provisions of the Act. Approving Proposed Rule Change and 1 15 U.S.C. 78s(b)(1). Accordingly, the Commission expects 2 Amendments Nos. 1 and 2 Thereto 17 CFR 240.19b–4. the NYSE to continue to surveil the 3 See letter from Richard P. Bernard, Executive Amending Exchange Rule 97 Which Vice President and General Counsel, NYSE, to activities of firms that trade while Limits Member Trading Because of Nancy J. Sanow, Assistant Director, Division of holding positions that result from block Block Positioning Market Regulation (‘‘Division’’), Commission, dated transactions with customers to ensure April 16, 2002 (‘‘Amendment No. 1’’). that they are not engaging in 4 September 27, 2002. See letter from Darla C. Stuckey, Corporate manipulative acts and practices during On August 17, 2001, the New York Secretary, NYSE, to Nancy J. Sanow, Assistant Director, Division, Commission, dated June 27, the entire trading day. Stock Exchange, Inc. (‘‘NYSE’’ or 2002 (‘‘Amendment No. 2’’). 5 See Securities Exchange Act Release No. 46191 9 NYSE Rule 97 only applies to transactions on 10 In granting approval of the proposal, the (July 12, 2002), 67 FR 47588. the NYSE. However, NYSE Rule 97 would apply to Commission has considered the proposal’s impact 6 In approving this proposed rule change, the transactions on the NYSE regardless of where the on efficiency, competition, and capital formation. Commission notes that it has considered its impact member firm acquired the block position. 15 U.S.C. 78c(f). on efficiency, competition, and capital formation. Telephone conversation between Jeffrey 11 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f). Rosenstrock, Senior Special Counsel, NYSE, and 12 15 U.S.C. 78s(b)(2). 7 15 U.S.C. 78f. Christopher Solgan, Attorney, Division, 13 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b)(5). Commission, on September 13, 2002.

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In addition, the Commission believes Martin, St. Mary, Vermilion and TENNESSEE VALLEY AUTHORITY that the use of information barriers Washington in the State of Louisiana; should ensure that member firms’ Amite, Hancock, Pearl River and Pike Notice of Publication of Final Report traders are not executing trades to mark- counties in the State of Mississippi. Implementing Guidelines for Ensuring up or maintain the price of a security it The interest rates are: and Maximizing the Quality, acquired during a block transaction with Objectivity, Utility and Integrity of a customer. Finally, the Commission Percent Information Disseminated by Federal believes that the hedge exception is Agencies consistent with the Act. The For Physical Damage: AGENCY: Tennessee Valley Authority. Commission believes that the NYSE has Homeowners with Credit Avail- able Elsewhere, ...... 6.625 tailored the hedge exception to ensure ACTION: Notice of publication of final Homeowners without Credit report. that when a member firm purchases a Available Elsewhere, ...... 3.312 security to hedge a position that is Businesses with Credit Avail- SUMMARY: On September 28, 2001 the economically equivalent to a short able Elsewhere, ...... 7.000 Office of Management and Budget position, it does so to hedge that short Businesses and Non-Profit Or- published Guidelines for Ensuring and position, not to affect the security’s ganizations without Credit Available Elsewhere, ...... 3.500 Maximizing the Quality, Objectivity, price. Utility and Integrity of Information It is therefore ordered, pursuant to Others (Including Non-Profit Or- Disseminated by Federal Agencies. In Section 19(b)(2) of the Act 10, that the ganizations) with Credit Avail- response to those guidelines, the proposed rule change, as amended, (File able Elsewhere, ...... 6.375 For Economic Injury: Businesses Tennessee Valley Authority (TVA) has No. SR–NYSE–2001–24) is approved. and Small Agricultural Coopera- posted a final report setting forth its For the Commission, by the Division of tives Without Credit Available information quality guidelines on its Market Regulation, pursuant to delegated Elsewhere, ...... 3.500 Web site at www.tva.gov/infoquality. 11 authority. (Authority: Section 515, Pub. L. 106– Margaret H. McFarland, The number assigned to this disaster 554, 66 FR 49718 (Sept. 28, 2001)) Deputy Secretary. for physical damage is 344911. For DATES: Effective Date: October 1, 2002. [FR Doc. 02–25224 Filed 10–3–02; 8:45 am] economic injury the number is 9R8500 FOR FURTHER INFORMATION CONTACT: BILLING CODE 8010–01–P for Louisiana; and 9R8600 for Mississippi. Robin Robinson, Information Quality Officer, 400 West Summit Hill Drive, ET (Catalog of Federal Domestic Assistance 5D–K, Knoxville, Tennessee 37902. SMALL BUSINESS ADMINISTRATION Program Nos. 59002 and 59008) Telephone 865–632–7119. Dated: September 30, 2002. [Declaration of Disaster #3449] Dated: September 23, 2002. Herbert L. Mitchell, Diane J. Bunch, State of Louisiana Associate Administrator for Disaster Assistance. Chief Information Officer. As a result of the President’s major [FR Doc. 02–25267 Filed 10–3–02; 8:45 am] [FR Doc. 02–25262 Filed 10–3–02; 8:45 am] disaster declaration on September 27, BILLING CODE 8120–08–M BILLING CODE 8025–01–P 2002, I find that Iberia, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, SMALL BUSINESS ADMINISTRATION DEPARTMENT OF TRANSPORTATION St. John the Baptist, St. Tammany, Tangipahoa and Terrebonne Parishes in Federal Aviation Administration [Declaration of Disaster #3440, Amdt. #1] the State of Louisiana constitute a disaster area due to damages caused by State of Wisconsin Notice of Intent To Request Review Tropical Storm Isidore occurring on and Clearance From the Office of September 21, 2002, and continuing. In accordance with a notice received Management and Budget (OMB) of a Applications for loans for physical from the Federal Emergency Proposed One-Time Public Collection damage as a result of this disaster may Management Agency, dated September of Information be filed until the close of business on 27, 2002, the above numbered AGENCY: Federal Aviation November 26, 2002 and for economic declaration is hereby amended to Administration (FAA), DOT. injury until the close of business on establish the incident period for this June 27, 2003 at the address listed disaster as beginning on September 2, ACTION: Notice. below or other locally announced 2002 and continuing through September SUMMARY: In compliance with the locations: U.S. Small Business 6, 2002. Paperwork Reduction Act of 1995 (44 Administration, Disaster Area 3 Office, All other information remains the U.S.C. 3510 et seq.), this notice 4400 Amon Carter Blvd., Suite 102, Fort same, i.e., the deadline for filing announces that the FAA is submitting a Worth, TX 76155. applications for physical damage is proposed information collection request In addition, applications for economic November 12, 2002, and for economic (ICR) to the Office of Management and injury loans from small businesses injury the deadline is June 10, 2003. Budget and requesting that they grant an located in the following contiguous (Catalog of Federal Domestic Assistance emergency clearance by October 23, parishes and counties may be filed until Program Nos. 59002 and 59008) 2002. The information collection the specified date at the above location: Dated: September 30, 2002. abstracted below is a one-time, Ascension, Assumption, East Baton voluntary questionnaire going out to Rouge, East Feliciana, Iberville, Herbert L. Mitchell, only 200 potential respondents. Lafayette, St. Helena, St. James, St. Associate Administrator for Disaster Assistance. FOR FURTHER INFORMATION CONTACT: 10 15 U.S.C. 78s(b)(2). [FR Doc. 02–25266 Filed 10–3–02; 8:45 am] Judith Street on (202) 267–9895. 11 17 CFR 200.30–3(a)(12). BILLING CODE 8025–01–P SUPPLEMENTARY INFORMATION:

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Federal Aviation Administration (FAA) on the 22nd and 23rd and from 8 a.m. DEPARTMENT OF TRANSPORTATION Title: Research for Development and to 12 p.m. on the 24th. Federal Aviation Administration Distribution of Enhanced or New ADDRESSES: Holiday Inn Select, 549 S. Cockpit Graphical Products for Rock Road, Wichita, Kansas 67207. Aviation Rulemaking Advisory Terminal Operations. Committee Meeting on Transport FOR FURTHER INFORMATION CONTACT: Affected Public: A total of 200 Airplane and Engine Issues individual airmen and airline Shirley Stroman, Office of Rulemaking, dispatchers. ARM–208, FAA, 800 Independence AGENCY: Federal Aviation Abstract: The Department of Avenue, SW., Washington, DC 20591; Administration (FAA), DOT. Transportation (DOT), in accordance telephone (202) 267–7470; fax (202) ACTION: Notice of public meeting. with 49 CFR part 141, delegated 267–5075; or e-mail responsibility for aviation safety [email protected]. SUMMARY: This notice announces a oversight to the FAA. The FAA, on public meeting of the FAA’s Aviation October 4, 1995, established the SUPPLEMENTARY INFORMATION: The Rulemaking Advisory Committee Aviation Weather Division (now ATSRAC will meet at the Holiday Inn (ARAC) to discuss transport airplane Aerospace Weather Policy and Select in Wichita, Kansas at the address and engine (TAE) issues. Standards Staff, ARS–20) to centralize shown under the ADDRESSES heading in DATES: The meeting is scheduled for all aviation weather policy and this notice. The meeting agenda will October 16 from 9 a.m. to 5 p.m., and requirements in one organization. ARS– include the following: October 17 from 9 a.m. to noon. Arrange for oral presentations by October 11. 20 continues to serve as the focal point • Review of Working Group 6 (Wire for all weather activities and is ADDRESSES: System Certification Requirements) and Boeing Facility, 1200 conducting a user needs analysis to Wilson Boulevard, Room 234, 7’s (Standard Wire Practice Manual) identify how well current and future Arlington, VA. final reports. aviation weather products for use in the FOR FURTHER INFORMATION CONTACT: Effie • cockpit meet operational needs. The Review of draft final report from M. Upshaw, Office of Rulemaking, survey is tailored for the flight crew and Working Group 10 (Small Transport ARM–209, FAA, 800 Independence dispatcher decision-makers. Feedback Airplane Harmonization Working Avenue, SW., Washington, DC 20591, will aid in decisions affecting research, Group). Telephone (202) 267–7626, FAX (202) development and distribution of • Discussion of compliance schedule 267–5075, or e-mail at enhanced or new graphical products for for Enhanced Airworthiness Program for [email protected]. terminal operations. Airplane Systems (EAPAS) rulemaking. SUPPLEMENTARY INFORMATION: Estimated Annual Burden Hours: An Pursuant estimated one-time 100 hours. The meeting is open to the public, but to section 10(a)(2) of the Federal An agency may not conduct or attendance will be limited to the Advisory Committee Act (Pub. L. 92– sponsor, and a person is not required to availability of meeting room space. The 463; 5 U.S.C. app. III), notice is given of respond to, a collection of information FAA will make the following services an ARAC meeting to be held October unless it displays a currently approved available if you request them by October 16–17 in Arlington, Virginia. The agenda will include: OMB Control Number. Once assigned by 11, 2002: OMB, the control number will be • Teleconferencing; October 16, 2002 provided to the respondents with the • • Sign and oral interpretation; Opening remarks survey. • FAA/Joint Aviation Authorities • Issued in Washington, DC, on September A listening device. Conference report 27, 2002. Individuals using the teleconferencing • FAA report • Judith D. Street, service and calling from outside the JAA report, including statuses of FAA Information Collection Clearance Washington, DC metropolitan area will Single Worldwide Certification Code Officer, Standards and Information Division, be responsible for paying long distance and the European Aviation Safety APF–100. charges. To arrange for any of the above Agency [FR Doc. 02–25322 Filed 10–3–02; 8:45 am] • Transport Canada report services, contact the persons listed • BILLING CODE 4910–13–M Executive Committee report under the FOR FURTHER INFORMATION • Harmonization Management Team CONTACT heading of this notice. report The public may present written • ARAC tasking priorities discussion DEPARTMENT OF TRANSPORTATION • statements to the Committee at any time Design for Security Harmonization Federal Aviation Administration by providing 20 copies to the Working Group (HWG) report and approval Committee’s Executive Director or by • Aging Transport Systems Rulemaking bringing the copies to the meeting. Powerplant Installation HWG report Advisory Committee Meeting and approval Public statements will be considered if • Ice Protection HWG report and AGENCY: Federal Aviation time permits. approval Administration (FAA), DOT. Issued in Washington, DC, on September • Loads & Dynamics HWG report and ACTION: Notice of public meeting. 26, 2002. approval • Anthony F. Fazio, Human Factors HWG report SUMMARY: This notice announces a • Mechanical Systems HWG report public meeting of the FAA’s Aging Director, Office of Rulemaking. • Electrical Systems HWG report and Transport Systems Rulemaking [FR Doc. 02–25318 Filed 10–3–02; 8:45 am] update on Aging Transport Systems Advisory Committee (ATSRAC). BILLING CODE 4910–13–M Rulemaking Advisory Committee DATES: The FAA will hold the meeting activity on October 22, 23, and 24, 2002, in • Written reports, as required, from the Wichita, Kansas from 8 a.m. to 3 p.m. following harmonization working

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groups: Electromagnetic Effects, Flight the meeting or meeting documents, entrance to the Boeing building where Test, Avionics, Seat Test, Flight please contact the person listed in the the meeting is being held. Please Control, Flight Guidance, and System FOR FURTHER INFORMATION CONTACT confirm your attendance with the Design and Analysis section. Sign and oral interpretation, as person listed in the FOR FURTHER INFORMATION CONTACT section no later October 17, 2002 well as a listening device, can be made available if requested 10 calendar days than October 11. Please provide the • General Structures HWG report before the meeting. following information: full legal name, • Airworthiness Assurance Working country of citizenship, and name of Group report Issued in Washington, DC, on September • 27, 2002. your company, if applicable. Engine HWG report and approval For those participating by telephone, Tony F. Fazio, Four working groups will be seeking the call-in number is (206) 655–0054, approval of working group documents: Director, Office of Rulemaking. Passcode: 3777#. Details are also 1. The Design for Security HWG will [FR Doc. 02–25319 Filed 10–3–02; 8:45 am] available on the ARAC calendar at present proposed advisory material on BILLING CODE 4910–13–M http://www.faa.gov/avr/arm/araccal/ passenger cabin smoke evacuation. htm. To insure that sufficient telephone 2. The Powerplant Installation HWG lines are available, please notify the DEPARTMENT OF TRANSPORTATION will present proposed certification person listed in the FOR FURTHER requirements for areas in transport Federal Aviation Administration INFORMATION CONTACT section of your category airplanes that are subject to intent by October 11. Anyone flammable fluid leakage. Aviation Rulemaking Advisory participating by telephone will be 3. The Ice Protection HWG will present Committee Meeting on Occupant responsible for paying long-distance a recommendation addressing the Safety Issues charges. operation of aircraft in icing The public must make arrangements conditions. AGENCY: Federal Aviation by October 11 to present oral statements 4. The Engine HWG will present a Administration (FAA), DOT. at the meeting. Written statements may recommendation addressing bird ACTION: Notice of public meeting. be presented to the committee at any ingestion standards for aircraft turbine time by providing 25 copies to the SUMMARY: engines This notice announces a person listed in the FOR FURTHER Attendance is open to the public, but public meeting of the FAA’s Aviation INFORMATION CONTACT section or by will be limited to the availability of Rulemaking Advisory Committee providing copies at the meeting. Copies meeting room space and telephone (ARAC) to discuss occupant safety (OS) of the documents to be presented to lines. Visitor badges are required to gain issues. ARAC for decision or as entrance to the Boeing building where DATES: The meeting is scheduled from 1 recommendations to the FAA may be the meeting is being held. Please to 5 p.m. on October 17. Arrange for oral made available by contacting the person confirm your attendance with the presentations by October 11. listed in the FOR FURTHER INFORMATION person listed in the FOR FURTHER ADDRESSES: Boeing Facility, 1200 CONTACT section. INFORMATION CONTACT section no later Wilson Boulevard, Room 234, If you are in need of assistance or than October 11. Please provide the Arlington, VA. require a reasonable accommodation for following information: full legal name, FOR FURTHER INFORMATION CONTACT: Effie the meeting or meeting documents, country of citizenship, and name of M. Upshaw, Office of Rulemaking, please contact the person listed in the your company, if applicable. ARM–209, FAA, 800 Independence FOR FURTHER INFORMATION CONTACT For those participating by telephone, Avenue, SW., Washington, DC 20591, section. Sign and oral interpretation, as the call-in number is (206) 655–0054, Telephone (202) 267–7626, FAX (202) well as a listening device, can be made Passcode: 3777#. Details are also 267–5075, or e-mail at available if requested 10 calendar days available on the ARAC calendar at http:/ [email protected]. before the meeting. /www.faa.gov/avr/arm/araccal/htm. To insure that sufficient telephone lines are SUPPLEMENTARY INFORMATION: Pursuant Issued in Washington, DC on September 27, 2002. available, please notify the person listed to section 10(a)(2) of the Federal Tony F. Fazio, in the FOR FURTHER INFORMATION Advisory Committee Act (Pub. L. 92– CONTACT section of your intent by 463; 5 U.S.C. app.III), notice is given of Director, Office of Rulemaking. October 11. Anyone participating by an ARAC meeting to be held October 17 [FR Doc. 02–25320 Filed 10–3–02; 8:45 am] telephone will be responsible for paying in Arlington, Virginia. BILLING CODE 4910–13–M long-distance charges. The agenda will include: The public must make arrangements • Opening remarks; by October 11 to present oral statements • FAA report; DEPARTMENT OF TRANSPORTATION at the meeting. Written statements may • JAA report, including statuses of Federal Aviation Administration be presented to the committee at any Single Worldwide Certification Code time by providing 25 copies to the and the European Aviation Safety Notice of Passenger Facility Charge person listed in the FOR FURTHER Agency; (PFC) Approvals and Disapprovals INFORMATION CONTACT section or by • Transport Canada report; • providing copies at the meeting. Copies Cabin Safety Harmonization Working AGENCY: Federal Aviation of the documents to be presented to Group (CSHWG) report and approval Administration (FAA), DOT. ARAC for decision or as of final report addressing § 25.810, ACTION: Monthly Notice of PFC recommendations to the FAA may be emergency egress assist means and Approvals and Disapprovals. In June made available by contacting the person escape routes. 2002, there were 10 applications listed in the FOR FURTHER INFORMATION Attendance is open to the public, but approved. This notice also includes CONTACT section. will be limited to the availability of information on one application, If you are in need of assistance or meeting room space and telephone approved in September 2001, require a reasonable accommodation for lines. Visitor badges are required to gain inadvertently left off the September

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2001 notice. Additionally, 14 approved Determination: Approved. Based on accounts for less than 1 percent of the amendments to previously approved information contained in the public total annual enplanements at Lambert- applications are listed. agency’s application, the FAA has St. Louis International Airport. determined that each proposed class Brief Description of Projects Approved SUMMARY: The FAA publishes a monthly accounts for less than 1 percent of the for Collection and Use at a $4.50 PFC notice, as appropriate, of PFC approvals total annual enplanements at Phoenix Level: and disapprovals under the provisions Sky Harbor International Airport. New runway, taxiway, perimeter road, of the Aviation Safety and Capacity Brief Description of Project Approved and security fences. Expansion Act of 1990 (Title IX of the for Collection and Use at a $4.50 PFC New west aircraft rescue and firefighting Omnibus Budget Reconciliation Act of Level: Complete third runway (7R–25L) building. 1990) (Pub. L. 101–508) and Part 158 of and associated projects. Taxiway delta improvements. the Federal Aviation Regulations (14 Brief Description of Projects Partially Brief Description of Projects Approved CFR Part 158). This notice is published Approved for Collection and Use at a for Collection and Use at a $3.00 PFC pursuant to paragraph d of § 158.29. $4.50 PFC Level: Rebuild center runway Level: (7L–25R) and associated projects. PFC Applications Approved Northeast quadrant roads. Determination: Partially approved. Deicing pads and glycol recovery. Public Agency: City of Texarkana, The approved amount was reduced from Terminal improvements (Federal Arkansas. that requested due to the public Inspection Service facility) Application Number: 01–03–C–00– agency’s receipt of additional Airport Concourse improvements. TXK. Improvement Program (AIP) funds. Decision Date: June 11, 2002. Application Type: Impose and use a Residential sound assistance program. PFC. Determination: Partially approved. For Further Inforamtion Contact: PFC Level: $4.50. The approved amount was reduced from Lorna Sandridge, Central Regional Total PFC Revenue Approved in this that requested due to the public Airports Division, (816) 329–2641. Decision: $125,891. agency’s receipt of PFC funds from an Public Agency: City of Fayetteville, Earliest Charge Effective Date: August early application to partially fund this North Carolina. 1, 2004. project. Application Number: 02–02–U–00– Estimated Charge Expiration Date: Brief Description of Projects Approved FAY. June 1, 2005. for Collection and Use at a $3.00 PFC Application Type: Use PFC revenue. Class of Air Carriers not Required to Level. PFC Level: $3.00. Collect PFC’s: None. Total PFC Revenue to be Used in this Brief Description of Projects Approved Community noise reduction program (voluntary land acquisition/property Decision: $468,918. for Collection and Use at a $4.50 PFC Charge Effective Date: November 1, Level: exchange). Automated people mover-design only. 2000. Enclose drainage ditch. Estimated Charge Expiration Date: Brief Description of Withdrawn Rehabilitate apron. November 1, 2005. Projects: Rehabilitate runway 4/22 lighting. Class of Air Carriers Not Required to Acquire airfield sweeper. Capital security improvement. Collect PFCS: No change from previous PFC administrative costs. Operating security improvement. decision. Decision Date: September 13, 2001. Determination: These projects were Brief Description of Projects Approved For Further Information Contact: G. withdrawn by the public agency by for Use: Thomas Wade, Southwest Region letter dated June 3, 2002. Therefore the North general aviation ramp. Airports Division, (817) 222–5613. FAA did not rule on these projects in Security system upgrade, phase II. Public Agency: City of Phoenix, this determination. Runway safety area 4 improvements, Decision Date: June 5, 2002. Arizona. phase I. Application Number: 02–06–C–00– For Further Information Contact: Acquire land—runway 4 approaches. PHX. Kevin Flynn Western Pacific Region Application Type: Impose and use a Airports Division, (310) 725–3632. Renovate terminal, phase II. PFC. Public Agency: City of Saint Louis Runway safety area 4 improvements, PFC Level: $4.50. Airport Authority, Saint Louis, phase II. Total PFC Revenue Approved in this Missouri. Land acquisition—runway 22 Decision: $221,402,900. Application Number: 01–07–C–00– approaches. Earliest Charge Effective Date: July 1, STL Renovate terminal, phase III. 2002. Application Type: Impose and use a Construct runway safety area, runway Estimated Charge Expiration Date: PFC. 22. November 1, 2005. PFC Level: $4.50. Acquire land—runway 4/22 runway Classes of Air Carriers not Required to Total PFC Revenue Approved in this safety area. Collect PFC’s: Decision: $99,103,000. Construct non-licensed vehicle road. (1) Nonscheduled/on-demand air Earliest Charge Effective Date: January Construct jet bridge modification. carriers filing FAA Form 1800–31; (2) 1, 2014. Construct taxiway K. commuters or small certificated air Estimated Charge Effective Date: Decision Date: June 18, 2002. carriers filing Department of March 1, 2015. For Further Information Contact: Transportation Form 298–C T1 or E1 Classes of Air Carriers Not Required Tracie D. Kleine, Atlanta Airports with less than 7,500 annual to Collect PFCS: Air taxi/commercial District Office, (404) 305–7148. enplanements; (3) large certificated operators filing FAA Form 1800–31. Public Agency: Jackson-Madison route air carriers filing Research and Determination: Approved. Based on County Airport Authority, Jackson, Special Programs Administration Form information contained in the public Tennessee. T–100 with less than 7,500 annual agency’s application, the FAA has Application Number: 02–01–C–00– enplanements. determined that the proposed class MKL.

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Application Type: Impose and use a Class of Air Carriers Not Required to Public Agency: City of Texarkana, PFC. Collective PFC’S: Arkansas. PFC Level: $4.50. On-demand air taxi/commercial Application Number: 02–04–C–00– Total PFC Revenue Approved in this operators that (1) do not enplane or TXK. Decision: $332,248. deplane passengers at the main Application Type: Impose and use a Earliest Charge Effective Date: passenger terminal buildings, or (2) PFC. October 1, 2002. enplane less than 500 passengers per PFC Level: $4.50. Estimated Charge Expiration Date: year at Tampa International Airport Total PFC Revenue Approved in this June 1, 2010. (TPA). Decision: $63,855. Classes of Air Carriers Not Required Determination: Approved. Based on Earliest Charge Effective Date: June 1, to Collect PFC’s: Non-scheduled/on- information contained in the public 2005. demand air carriers filing FAA Form agency’s application, the FAA has Estimated Charge Expiration Date: 1800–31. determined that the proposed class October 1, 2005. Determination: Approved. Based on accounts for less than 1 percent of the Class of Air Carriers Not Required to information contained in the public total annual enplanements at TPA. collect PFC’s: None. agency’s application, the FAA had Brief Description of Project Approved Brief Description of Project Approved determined that the proposed class for Collection and Use At A $4.50 PFC for Collection and Use: Improve runway accounts for less than 1 percent of the Level: Airside E development. 31 safety area. total annual enplanements at McKeller- Brief Description of Projects Approved Decision Date: June 24, 2002. Sipes Airport. for Collection and Use At A $3.00 PFC For Further Information Contact: G. Brief Description of Projects Approved Level: Thomas Wade, Southwest Region for Collection and Use: Departure level expansion and Airports Division, (817) 222–5613. Master plan update. modernization. Public Agency: County of Gregg, Aircraft rescue and firefighting Purchase passenger loading bridges. Longview, Texas. vehicle. Taxiway J extension. Application Number: 02–02–C–00– Taxiway B construction. North Hillsborough property GGG. Taxiway B rehabilitation. acquisition. Application Type: Impose and use a West apron rehabilitation. Brief Description of Withdrawn PFC. Taxiway lighting rehabilitation. Project: Reconstruct a portion of taxiway PFC Level: $3.00. Localizer fence replacement. A. Total PFC Revenue Approved in this Drainage improvements (design). Determination: This project was Decision: $699,232. Apron expansion (phase 1). withdrawn by the public agency by Earliest Charge Effective Date: Airfield drainage rehabilitation. letter dated February 18, 2002. September 1, 2002. Terminal building improvements. Therefore, the FAA will not rule on this Estimated Charge Expiration Date: Land acquisition in approach. project in this decision. May 1, 2011. Apron expansion (phase 2). Decision Date: June 19, 2002. Class of Air Carriers Not Required to Precision approach path indicator For Further Information Contact: Collect PFC’s: installation. Vernon P. Rupinta, Orlando Airports Air taxi/commercial operators Airfield signage installation. District Office, (407) 812–6331 operating under part 135 and required Airfield lighting rehabilitation. Public Agency: Country of Brown, to file FAA Form 1800–31. Airfield drainage improvements. Green Bay, Wisconsin. Determination: Approved. Based on Rotating beacon relocation. Application Number: 02–04–C–00– information contained in the public Taxiway C overlay. GRB. agency’s application, the FAA has Terminal building heating, Application Type: Impose and use a determined that the approved class ventilation, and air conditioning PFC. accounts for less than 1 percent of the replacement. PFC Level: $4.50. total annual enplanements at East Texas Runway 2/20 pavement rehabilitation. Total PFC Revenue Approved in this Regional Airport. Runway safety area improvements. Decision: $528,943. Brief Description of Projects Approved Earliest Charge Effective Date: Runway safety area improvements for Collection and Use: October 1, 2002. (phase 2). Renovate aircraft rescue and firefighting Estimated Charge Expiration Date: PFC administration costs. station, phase I. February 1, 2003. Reconstruct terminal apron, phase IV. Decision Date: June 18, 2002. Class of Air Carriers Not Required to Renovate aircraft rescue and firefighting For Further Information Contact: Collect PFC’s: Part 135 air taxi/ station phase II. Peggy S. Kelly, Memphis Airports commercial operators. Reconstruct terminal apron, phase V. District Office, (901) 544–3495, ext. 19. Determination: Approved. Based on Runway safety area improvements. Public Agency: Hillsborough County information contained in the public Construct taxiway M and associated Aviation Authority, Tampa, Florida. agency’s application, the FAA has development. Application Number: 02–05–C–00– determined that the approved class Electrical improvements. TPA. accounts for less than 1 percent of the Taxiway pavement study. Application Type: Impose and use a total annual enplanements at Austin Convert runway 4/22 to taxiway N. PFC. Straubel International Airport. Administrative expenses. PFC Level: $4.50. Brief Description of Project Approved Total PFC Revenue Approved in this for Collection and Use: Terminal Decision Date: June 24, 2002. Decision: $135,782,200. entrance road expansion. For Further Information Contact: G. Earliest Charge Effective Date: Decision Date: June 19, 2002. Thomas Wade, Southwest Region September 1, 2002. For Further Information Contact: Airports Division, (817) 222–5613. Estimated Charge Expiration Date: Daniel J. Milenacker, Minneapolis Public Agency: City of Lubbock, July 1, 2006. Airports District Office, (612) 713–4359. Texas.

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Application Number: 02–04–C–00– Acquire 1,500-gallon aircraft rescue and Brief Description of Projects Approved LBB. firefighting truck. for Collection and Use at a $4.50 PFC Application Type: Impose and use a Update airport master plan. Level: PFC. Reconstruct and expand general Airfield lighting control vault PFC Level: $3.00 aviation apron. alternative power source. Total PFC Revenue Approved in this Construct blast wall. Airfield safety improvement program— Decision: $3,220,308. Brief Description of Project Approved north canal enclosure. Earliest Charge Effective Date: for Collection: Acquire 254 acres for Airport trench drains. September 1, 2002. development. Concourse C reconstruction. Estimated Charge Expiration Date: Decision Date: June 26, 2002. Environmental impact study for new air November 1, 2004. For Further Information Contact: carrier runway. Class of Air Carriers Not Required To G. Thomas Wade, Southwest Region Expansion of concourse D. Collect PFC’s: (1) Air taxi/commercial Airports Division, (817) 222–5613. New access control and security badging operators operating under part 135 Public Agency: New Orleans Aviation systems. certificate and filing FAA Form 1800– Board, New Orleans, Louisiana. New aircraft rescue and firefighting 31; and (2) air carriers filing Research Application Number: 02–06–C–00– station. and Special Programs Form 298C, MSY. Rehabilitate runway 1/19. schedule E1 or T1. Application Type: Impose and use a Rehabilitate taxiway Sierra. Determination: Approved. Based on PFC. Rehabilitate runway 10/28. information contained in the public PFC Level: $4.50 Rehabilitate rotating beacon. agency’s application, the FAA has Total PFC Revenue Approved in This Terminal apron rehabilitation. determined that each approved class Decision: $148,375,724. accounts for less than 1 percent of the Earliest Charge Effective Date: April 1, Brief Description of Projects Approved total annual enplanements at Lubbock 2005. for Collection and Use at a $3.00 PFC International Airport. Estimated Charge Expiration Date: Level: Brief Description of Projects Approved January 1, 2012. Aircraft loading bridges. for Use: Class of Air Carriers Not Required To Benefit cost analysis for new air carrier runway. Westport apron and taxiway expansion. Collect PFC’s: Air taxi/commercial operators. South Lafon Airpark land purchase. Construct high-speed taxiway B–1. Determination: Approved. Based on Terminal heating, ventilation, and air Acquire Americans with Disabilities Act information contained in the public conditioning rehabilitation. aircraft access. agency’s application, the FAA has West air cargo complex land acquisition Brief Description of Projects Approved determined that the proposed class program. for Collection and Use: accounts for less than 1 percent of the Decision Date: June 27, 2002. Construct aircraft rescue and firefighting total annual enplanements at Louis For Further Information Contact: training facility. Armstrong New Orleans International G. Thomas Wade, Southwest Region Install aircraft guidance signs. Airport. Airports Division, (817) 222–5613.

AMENDMENTS TO PFC APPROVAL

Original ap- Amended Original es- Amended Amendment proved net approved timated estimated Amendment No., City, State approved, PFC, rev- net PFC, charge, exp. chage, exp. date enue revenue date date

99–01–C–01–ACY, Atlantic City, NJ ...... 05/13/02 $7,224,348 $7,333,485 03/01/04 07/01/05 98–03–C–01–FAR, Fargo, ND ...... 05/16/01 1,341,857 1,468,938 09/01/02 07/01/02 00–02–C–03–SWF, Newburg, NY ...... 06/03/02 6,308,000 6,833,600 08/01/05 11/01/05 99–01–C–02–ACY, Atlantic City, NJ ...... 06/05/02 7,333,485 7,633,735 07/01/05 09/01/05 01–03–C–01–LYH, Lynchburg, VA ...... 06/06/02 844,951 705,654 01/01/05 06/01/05 *02–05–C01–BGM, Binghamton, NY ...... 06/11/01 1,445,438 1,508,873 10/01/06 08/01/05 96–01–C–02–RDD, Redding, CA ...... 06/14/02 920,000 1,009,264 07/01/02 12/01/02 96–01–C–01–MBS, Saginaw, MI ...... 06/14/02 1,400,000 874,682 12/01/98 05/01/98 98–02–C–01–MBS, Saginaw, MI ...... 06/14/02 812,050 438,614 01/01/00 11/01/98 96–02–C–02–PLB, Plattsburgh, NY ...... 06/19/02 64,725 62,455 7/01/99 10/01/98 00–10–C–02–BDL, Windsor Locks, CT ...... 06/26/02 1,869,103 1,870,469 08/01/00 08/01/00 00–10–C–03–BDL, Windsor Locks, CT ...... 06/26/02 1,870,469 1,894,805 08/01/00 08/01/00 95–01–C–BGR, Bangor, ME ...... 06/26/02 8,742,415 8,961,006 05/01/05 09/01/10 *97–01–C–02–ABI, Abilene, TX ...... 06/26/02 2,008,611 2,008,611 01/01/15 07/01/08 (Note: The amendments denoted by an asterisk (*) include a change to PFC level charged from $3.00 per enplaned passenger to $4.50 per enplaned passenger. For Binghamton, NY and Abilene, TX, this change is effective on September 1, 2002.)

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Issued in Washington, DC on September Administration, 400 Seventh Street., FHWA, in compliance with the 18, 2002. SW., Washington, DC 20590. e-mail: agencies’ authorizing statutes, 23 U.S.C. Barry Molar, [email protected]. Office hours for 134 and 49 U.S.C. 5305, published the Manager, Airports Financial Assistance the FTA are from 8:30 a.m. to 5 p.m., list of TMAs in the Federal Register (67 Division e.t., Monday through Friday, except FR 45173). [FR Doc. 02–25321 Filed 10–3–02; 8:45 am] Federal holidays. On August 23, 2002, the Census For FHWA related questions, John BILLING CODE 4910–13–M Bureau published a corrected list of Humeston, Office of Metropolitan urbanized areas and urban clusters in Planning (HEPM), (404) 562–3667, DEPARTMENT OF TRANSPORTATION Federal Highway Administration, 60 the Federal Register (67 FR 54630). This Forsyth Street, Suite 8M5; Atlanta, notice also modified the area of and Federal Transit Administration Georgia 30303–3104; e-mail: population of a few urbanized areas and [email protected]. Reid urban clusters by adding small amounts Federal Highway Administration Alsop, Office of Chief Counsel (HCC), of territory to selected urbanized areas (202) 366–1371, Federal Highway and urban clusters. Designation of Transportation Administration, 400 Seventh Street, As a result of these Census published Management Areas SW., Washington, DC 20590; e-mail: changes, it became necessary for the AGENCIES: Federal Transit [email protected]. Office hours FHWA and FTA to amend the list of Administration (FTA), Federal Highway are from 7:45 a.m. to 4:15 p.m., e.t., urbanized areas designated as TMAs. Administration (FHWA), DOT. Monday through Friday, except Federal The three changes to the list of TMAs ACTION: Supplementary notice of holidays. are the merging of San Rafael—Novato, designation. SUPPLEMENTARY INFORMATION: Titles 23 California TMA with the San and 49 of the United States Code (23 Francisco—Oakland, California TMA SUMMARY: The Federal Transit U.S.C. 134 (i), and 49 U.S.C. 5305, into a larger San Francisco—Oakland, Administration (FTA) and the Federal respectively) require the Secretary of California TMA; the modification of Highway Administration (FHWA) are Transportation to designate urbanized population figures in the Denver ‘‘ modifying their announcement areas over 200,000 population as Aurora, Colorado TMA; and the designating Transportation Management Transportation Management Areas modification of population figures for Areas (TMAs) issued on July 8, 2002. (TMAs). the Fort Collins, Colorado TMA. This action is necessary because in The Census Bureau defined the Therefore, this action modifies the list August 2002 the Census Bureau Census 2000 urbanized areas using the of urbanized areas that are designated as published a list of corrections to their criteria published in the Federal TMAs. This action supersedes the population figures that we used to Register on March 15, 2002 (67 FR previous list of urbanized areas designate the TMAs. This notice is 11663). As a result, there were designated as TMAs issued on July 8, effective immediately and supersedes significant changes in the Census 2000 2002, at 67 FR 45173. This modification the other notice issued on July 8, 2002. universe of urbanized areas from those includes the Census originated DATES: October 4, 2002. defined, based on the 1990 census and corrections and provides an inclusive FOR FURTHER INFORMATION CONTACT: For criteria. A detailed description of the list of designated TMAs. FTA related questions, Paul L. terminology and changes noted in the Verchinski, Office of Planning column entitled ‘‘Area Comparison to Authority: 23 U.S.C. 315; 23 U.S.C. 134(i), Operations (TPL–11), (202) 366–1626, 1990 Census TMAs’’ is presented in the 49 U.S.C. 5305, 49 CFR 1.48 and 1.51. Federal Transit Administration, 400 Census Bureau’s notice of ‘‘Qualifying Issued on: September 30, 2002. Seventh Street, SW., Washington, DC Urban Areas for Census 2000’’ in the Robert D. Jamison, 20590. e-mail: Federal Register on May 1, 2002 (67 FR [email protected]. Scott Biehl, 21961). Deputy Federal Transit Administrator. Office of Chief Counsel (TCC), (202) On July 8, 2002, the Secretary of Mary E. Peters, 366–4063, Federal Transit Transportation through the FTA and the Federal Highway Administrator.

UZA 2000 State/Urbanized Area (UZA) population Area comparison to 1990 census TMAs

Alabama: Birmingham, AL ...... 663,615 No change. Mobile, AL ...... 317,605 No change. Huntsville, AL ...... 213,253 New TMA.

State Total ...... 1,194,473 Alaska: Anchorage, AK ...... 225,744 Reduced in Geographic Area.

State Total ...... 225,744 Arizona: Phoenix-Mesa, AZ ...... 2,907,049 No change. Tucson, AZ ...... 720,425 Reduced in Geographic Area.

State Total ...... 3,627,474 Arkansas: Little Rock, AR ...... 360,331 Name Change.

State Total ...... 360,331 California:

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UZA 2000 State/Urbanized Area (UZA) population Area comparison to 1990 census TMAs

Los Angeles-Long Beach-Santa Ana, CA ...... 11,789,487 TMA formed by UA split. San Francisco-Oakland, CA ...... 3,228,605 Increased in Geographic Area. San Diego, CA ...... 2,674,436 No change. San Jose, CA ...... 1,538,312 Reduced in Geographic Area. Riverside-San Bernardino, CA ...... 1,506,816 No change. Sacramento, CA ...... 1,393,498 No change. Fresno, CA ...... 554,923 No change. Concord, CA ...... 552,624 TMA formed by UA split. Mission Viejo, CA ...... 533,015 TMA formed by UA split. Bakersfield, CA ...... 396,125 No change. Oxnard, CA ...... 337,591 TMA formed by UA split. Stockton, CA ...... 313,392 No change. Modesto, CA ...... 310,945 No change. Santa Rosa, CA ...... 285,408 New TMA. Lancaster-Palmdale, CA ...... 263,532 New TMA. Indio-Cathedral City-Palm Springs, CA ...... 254,856 TMA formed by UA merger with Name Change. Temecula-Murrieta, CA ...... 229,810 No change. Antioch, CA ...... 217,591 New TMA with Name Change. Thousand Oaks, CA ...... 210,990 TMA formed by UA split. Victorville-Hesperia-Apple Valley, CA ...... 200,436 New TMA with Name Change.

State Total ...... 26,792,392 Colorado: Denver-Aurora, CO ...... 1,984,889 Name Change. Colorado Springs, CO ...... 466,122 No change. Fort Collins, CO ...... 206,757 New TMA.

State Total ...... 2,657,768 Connecticut: Bridgeport-Stamford, CT–NY ...... 888,890 TMA formed by UA merger with Name Change. Hartford, CT ...... 851,535 TMA formed by UA merger with Name Change. New Haven, CT ...... 531,314 Name Change.

State Total ...... 2,271,739 Delaware:

State Total ...... District of Columbia: Washington, DC–VA–MD ...... 3,933,920 Name Change.

State Total ...... 3,933,920 Florida: Miami, FL ...... 4,919,036 TMA formed by UA merger with Name Change. Tampa-St. Petersburg, FL ...... 2,062,339 Name Change. Orlando, FL ...... 1,157,431 Reduced in Geographic Area. Jacksonville, FL ...... 882,295 No change. Sarasota-Bradenton, FL ...... 559,229 No change. Palm Bay-Melbourne, FL ...... 393,289 No change. Cape Coral, FL ...... 329,757 Name Change. Pensacola, FL–AL ...... 323,783 Name Change. Port St. Lucie, FL ...... 270,774 TMA formed by UA merger with Name Change. Daytona Beach-Port Orange, FL ...... 255,353 Name Change. Bonita Springs-Naples, FL ...... 221,251 New TMA with Name Change. Tallahassee, FL ...... 204,260 New TMA.

State Total ...... 11,578,797 Georgia: Atlanta, GA ...... 3,499,840 No change: Augusta-Richmond County, GA–SC ...... 335,630 Name Change. Columbus, GA–AL ...... 242,324 No change. Savannah, GA ...... 208,886 New TMA, Reduced in Geographic Area.

State Total ...... 4,286,680 Hawaii: Honolulu, HI ...... 718,182 No change.

State Total ...... 718,182 Idaho: Boise City, ID ...... 272,625 New TMA.

State Total ...... 272,625 Illinois: Chicago, IL–IN ...... 8,307,904 TMA formed by UA merger with Name Change. Rockford, IL ...... 270,414 Increased in Geographic Area.

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UZA 2000 State/Urbanized Area (UZA) population Area comparison to 1990 census TMAs

Peoria, IL ...... 247,172 No change. Round Lake Beach-McHenry-Grayslake, IL–WI ...... 226,848 New TMA.

State Total ...... 9,052,338 Indiana: Indianapolis, IN ...... 1,218,919 No change. Fort Wayne, IN ...... 287,759 No change. South Bend, IN–MI ...... 276,498 Name Change. Evansville, IN—KY ...... 211,989 New TMA.

State Total ...... 1,995,165 Iowa: Des Moines, IA ...... 370,505 No change. Davenport, IA–IL ...... 270,626 Name Change.

State Total ...... 641,131 Kansas: Wichita, KS ...... 422,301 No change.

State Total ...... 422,301 Kentucky: Louisville, KY–IN ...... 863,582 No change. Lexington-Fayette, KY ...... 250,994 No change.

State Total ...... 1,114,576 Louisiana: New Orleans, LA ...... 1,009,283 No change. Baton Rouge, LA ...... 479,019 No change. Shreveport, LA ...... 275,213 No change.

State Total ...... 1,763,515 Maine:

State Total ...... Maryland: Baltimore ...... 2,076,354 TMA formed by UA merger with Name Change.

State Total ...... 2,076,354 Massachusetts: Boston, MA–NH–RI ...... 4,032,484 TMA formed by UA merger with Name Change. Springfield, MA–CT ...... 573,610 No change. Worcester, MA–CT ...... 429,882 No change. Barnstable Town, MA ...... 243,667 New TMA.

State Total ...... 5,279,643 Michigan: Detroit, MI ...... 3,903,377 No change. Grand Rapids, MI ...... 539,080 No change. Flint, MI ...... 365,096 No change. Lansing, MI ...... 300,032 Name Change. Ann Arbor, MI ...... 283,904 No change.

State Total ...... 5,391,489 Minnesota: Minneapolis-St. Paul, MN ...... 2,388,593 No change.

State Total ...... 2,388,593 Mississippi: Jackson, MS ...... 292,637 Reduced in Geographic Area. Gulfport-Biloxi, MS ...... 205,754 New TMA.

State Total ...... 498,391 Missouri: St. Louis, MO–IL ...... 2,077,662 No change. Kansas City, MO–KS ...... 1,361,744 TMA formed by UA split. Springfield, MO ...... 215,004 New TMA.

State Total ...... 3,654,410 Montana:

State Total ...... Nebraska: Omaha, NE–IA ...... 626,623 No change.

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UZA 2000 State/Urbanized Area (UZA) population Area comparison to 1990 census TMAs

Lincoln, NE ...... 226,582 New TMA.

State Total ...... 853,205 Nevada: Las Vegas, NV ...... 1,314,357 No change. Reno, NV ...... 303,689 No change.

State Total ...... 1,618,046 New Hampshire:

State Total ...... New Jersey: Atlantic City, NJ ...... 227,180 New TMA. Trenton, NJ ...... 268,472 Name Change.

State Total ...... 495,652 New Mexico: Albuquerque, NM ...... 598,191 No change.

State Total ...... 598,191 New York: New York & Newark, NY–NJ–CT ...... 17,799,861 Name Change, Reduced in Geographic Area. Buffalo, NY ...... 976,703 Name Change. Rochester, NY ...... 694,396 No change. Albany, NY ...... 558,947 Name Change. Syracuse, NY ...... 402,267 No change. Poughkeepsie-Newburgh, NY ...... 351,982 TMA formed by UA merger with Name Change.

State Total ...... 20,784,156 North Carolina: Charlotte, NC–SC ...... 758,927 Name Change, Increased in Geographic Area. Raleigh, NC ...... 541,527 No change. Winston-Salem, NC ...... 299,290 New TMA. Durham, NC ...... 287,796 No change. Fayetteville, NC ...... 276,368 No change. Greensboro, NC ...... 267,884 New TMA. Asheville, NC ...... 221,570 New TMA.

State Total ...... 2,653,362 North Dakota:

State Total ...... Ohio: Cleveland, OH ...... 1,786,647 No change. Cincinnati, OH–KY–IN ...... 1,503,262 Name Change, Increased in Geographic Area. Columbus, OH ...... 1,133,193 No change. Dayton, OH ...... 703,444 Increased in Geographic Area. Akron, OH ...... 570,215 Reduced in Geographic Area. Toledo, OH–MI ...... 503,008 No change. Youngstown, OH–PA ...... 417,437 TMA formed by UA merger with Name Change. Canton, OH ...... 266,595 No change.

State Total ...... 6,883,801 Oklahoma: Oklahoma City, OK ...... 747,003 No change. Tulsa, OK ...... 558,329 No change.

State Total ...... 1,305,332 Oregon: Portland, OR–WA ...... 1,583,138 Name Change. Eugene, OR ...... 224,049 New TMA. Salem, OR ...... 207,229 New TMA.

State Total ...... 2,014,416 Pennsylvania: Philadelphia, PA–NJ–DE–MD ...... 5,149,079 TMA formed by UA merger with Name Change. Pittsburgh, PA ...... 1,753,136 No change. Allentown-Bethlehem, PA–NJ ...... 576,408 Name Change. Scranton, PA ...... 385,237 Name Change. Harrisburg, PA ...... 362,782 No change. Lancaster, PA ...... 323,554 New TMA. Reading, PA ...... 240,264 New TMA.

State Total ...... 8,790,460

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UZA 2000 State/Urbanized Area (UZA) population Area comparison to 1990 census TMAs

Rhode Island: Providence, RI–MA ...... 1,174,548 TMA formed by UA merger with Name Change.

State Total ...... 1,174,548 South Carolina: Charleston-North Charleston, SC ...... 423,410 Name Change. Columbia, SC ...... 420,537 No change. Greenville, SC ...... 302,194 No change.

State Total ...... 1,146,141 South Dakota:

State Total ...... Tennessee: Memphis, TN–MS–AR ...... 972,091 Name Change. Nashville-Davidson, TN ...... 749,935 Name Change. Knoxville, TN ...... 419,830 No change. Chattanooga, TN–GA ...... 343,509 No change.

State Total ...... 2,485,365 Texas: Dallas-Fort Worth-Arlington, TX ...... 4,145,659 Name Change. Houston, TX ...... 3,822,509 Increased in Geographic Area. San Antonio, TX ...... 1,327,554 No change. Austin, TX ...... 901,920 No change. El Paso, TX ...... 674,801 No change. McAllen, TX ...... 523,144 Name Change. Denton-Lewisville, TX ...... 299,823 TMA formed by UA merger with Name Change. Corpus Christi, TX ...... 293,925 No change. Lubbock, TX ...... 202,225 New TMA.

State Total ...... 12,191,560 Utah: Salt Lake City, UT ...... 887,650 Reduced in Geographic Area. Ogden-Layton, UT ...... 417,933 Name Change, Increased in Geographic Area. Provo-Orem, UT ...... 303,680 No change.

State Total ...... 1,609,263 Vermont:

State Total ...... Virginia: Virginia Beach, VA ...... 1,394,439 Name Change, Reduced in Geographic Area. Richmond, VA ...... 818,836 TMA formed by UA merger with Name Change.

State Total ...... 2,213,275 Washington: Seattle, WA ...... 2,712,205 TMA formed by UA split with UA merger. Spokane, WA–ID ...... 334,858 Name Change.

State Total ...... 3,047,063 West Virginia:

State Total ...... Wisconsin: Milwaukee, WI ...... 1,308,913 No change. Madison, WI ...... 329,533 No change.

State Total ...... 1,638,446 Wyoming:

State Total ...... Puerto Rico: San Juan, PR ...... 2,216,616 TMA formed by UA merger with Name Change. Aguadilla-Isabella-San Sebastian, PR ...... 299,086 New TMA with Name Change.

State Total ...... 2,515,702

U.S. Totals ...... 163,700,313

U.S. & Puerto Rico Totals ...... 166,216,015

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[FR Doc. 02–25277 Filed 10–3–02; 8:45 am] the above proceedings and such or in connection with criminal law BILLING CODE 4910–22–P information is determined to be proceedings when the United States or arguably relevant to the proceeding.’’ any agency or subdivision thereof is a The alteration is necessary to clarify the party to any of the above proceedings DEPARTMENT OF THE TREASURY scope of the routine use within the and such information is determined to context of legal proceedings. be arguably relevant to the proceeding.’’ Departmental Offices; Privacy Act of In addition, the routine use, as revised * * * * * 1974, as Amended; System of Records above, will be added to DO .111-Office of Foreign Assets Control Census TREASURY/DO .114 AGENCY: Departmental Offices, Treasury. Records which is also maintained by SYSTEM NAME: ACTION: Notice of proposed alterations to OFAC. three Privacy Act systems of records. Under ‘‘Authority for maintenance of Foreign Assets Control Enforcement the system ‘‘ for both DO .114-Foreign Records—Treasury/DO. SUMMARY: In accordance with the Assets Control Enforcement Records * * * * * requirements of the Privacy Act of 1974, and DO .118-Foreign Assets Control as amended, the Department of the Licensing Records, the authority citation AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Treasury is proposing to revise a routine is being changed to permit the reader to * * * * * use in two of its systems of records and more easily locate the statute under adding the revised routine use to a third DESCRIPTION OF CHANGE: which OFAC is acting, and to conform system of records. the citation to the style used by the The text ‘‘100 Stat. 1086, as amended DATES: Comments must be received no Office of the Federal Register. by H.J. Res. 756, Pub. L. 99–631’’ at the later than November 4, 2002. The The report of altered systems of end of the sentence is removed and add revised systems of records will be records, as required by 5 U.S.C. 552a(r), in its place: effective as of November 13, 2002, has been submitted to the Committee on ‘‘Pub. L. 99–440, 100 Stat. 1086, as unless comments are received that Government Reform in the House of amended by Pub. L. 99–631, 100 Stat. result in a contrary determination and Representatives, the Committee on 3515’’ notice is published to that effect. Governmental Affairs in the Senate, and * * * * * ADDRESSES: Comments should be sent to Office of Management and Budget, Chief of Records, Office of Foreign pursuant to Appendix I to OMB Circular ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Assets Control, Department of the A–130, ‘‘Federal Agency THE PURPOSES OF SUCH USES: Treasury, 1500 Pennsylvania Avenue, Responsibilities for Maintaining NW., Washington, DC 20220. You may Records About Individuals,’’ November * * * * * also send your comments by Fax to 30, 2000. DESCRIPTION OF CHANGES: (202) 622–2500. The proposed alterations to the OFAC The following language is inserted at FOR FURTHER INFORMATION CONTACT: systems of records; DO .111—Office of the end of routine use (3), before the Director, Office of Foreign Assets Foreign Assets Control Census Records; semicolon ‘‘;’’: Control, (202) 622–2500. DO .114—Foreign Assets Control (3) * * * SUPPLEMENTARY INFORMATION: Enforcement Records, and DO .118— The Office ‘‘when the United States or any of Foreign Assets Control (OFAC), is the Foreign Assets Control Licensing Records are set forth below. agency or subdivision thereof is a party Office of the Department of the Treasury to any of the above proceedings and with responsibility for a variety of Dated: September 26, 2002. such information is determined to be functions relating to economic sanctions W. Earl Wright, Jr., arguably relevant to the proceeding’’ imposed by the United States in the Chief Management and Administrative * * * * * interests of national security, foreign Programs Officer. policy and the economy. TREASURY/DO .118 The Department of the Treasury is TREASURY/DO .111 SYSTEM NAME: giving notice of an alteration to a SYSTEM NAME: routine use currently utilized in two Foreign Assets Control Licensing systems of records maintained by Office of Foreign Assets Control Census Records—Treasury/DO. Records—Treasury/DO. OFAC. Currently, routine use (3) found * * * * * in DO .114-Foreign Assets Control * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Enforcement Records, and routine use ROUTINE USES OF RECORDS MAINTAINED IN THE (4) found in DO .118-Foreign Assets SYSTEM, INCLUDING CATEGORIES OF USERS AND * * * * * Control Licensing Records reads as THE PURPOSES OF SUCH USES: follows: ‘‘Disclose information to a DESCRIPTION OF CHANGE: DESCRIPTION OF CHANGES: court, magistrate, or administrative The text ‘‘100 Stat. 1086, as amended tribunal in the course of presenting The period ‘‘.’’ at the end of routine by H.J. Res. 756, Pub. L. 99–631’’ at the evidence, including disclosure to use (5) is replaced with a semicolon ‘‘;’’, end of the sentence is removed and add opposing counsel or witnesses in the and the following routine use is added in its place: course of civil discovery, litigation, or at the end thereof: ‘‘Pub. L. 99–440, 100 Stat. 1086, as settlement negotiations or in response to * * * * * amended by Pub. L. 99–631, 100 Stat. a subpoena or in connection with ‘‘(6) Disclose information to a court, 3515’’ criminal law proceedings.’’ magistrate, or administrative tribunal in * * * * * The two routine uses are to be altered the course of presenting evidence, by adding the following clause to the including disclosure to opposing ROUTINE USES OF RECORDS MAINTAINED IN THE end of the existing text: ‘‘when the counsel or witnesses, in the course of SYSTEM, INCLUDING CATEGORIES OF USERS AND United States or any agency or civil discovery, litigation, or settlement THE PURPOSES OF SUCH USES: subdivision thereof is a party to any of negotiations in response to a subpoena * * * * *

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DESCRIPTION OF CHANGES: OMB Control Number: 2900–0251. DATES: Comments must be submitted on The following language is inserted at Type of Review: Extension of a or before November 4, 2002. the end of routine use (4), before the currently approved collection. FOR FURTHER INFORMATION CONTACT: semicolon ‘‘;’’ Abstract: VA Form 26–8778 is used to Denise McLamb, Records Management (4) * * * collect information from the servicer Service (005E3), Department of Veterans ‘‘when the United States or any regarding a defaulted loan and as a code Affairs, 810 Vermont Avenue, NW., agency or subdivision thereof is a party sheet to input data in the automated Washington, DC 20420, (202) 273–8030, to any of the above proceedings and Loan Service and Claims System. The FAX (202) 273–5981 or e-mail: such information is determined to be information is needed to take the [email protected]. Please arguably relevant to the proceeding’’ necessary action to cure the defaulted refer to ‘‘OMB Control No. 2900–0003.’’ * * * * * loan. An agency may not conduct or Send comments and [FR Doc. 02–25275 Filed 10–3–02; 8:45 am] recommendations concerning any BILLING CODE 4811–16–P sponsor, and a person is not required to respond to a collection of information aspect of the information collection to unless it displays a currently valid OMB VA’s OMB Desk Officer, OMB Human control number. The Federal Register Resources and Housing Branch, New DEPARTMENT OF VETERANS Executive Office Building, Room 10235, AFFAIRS notice with a 60-day comment period soliciting comments on this collection Washington, DC 20503 (202) 395–7316. [OMB Control No. 2900–0251] of information was published on July Please refer to ‘‘OMB Control No. 2900– 25, 2002, at pages 48715 and 48716. 0003’’ in any correspondence. Agency Information Collection Affected Public: Business or other for- SUPPLEMENTARY INFORMATION: Activities Under OMB Review profit. Title: Application for Burial Benefits AGENCY: Veterans Benefits Estimated Annual Burden: 29,167 (Under 38 U.S.C. Chapter 23), VA Form Administration, Department of Veterans hours. 21–530. Affairs. Estimated Average Burden Per OMB Control Number: 2900–0003. Respondent: 10 minutes. ACTION: Notice. Type of Review: Extension of a Frequency of Response: On occasion. currently approved collection. SUMMARY: In compliance with the Estimated Number of Total Paperwork Reduction Act (PRA) of 1995 Respondents: 175,000. Abstract: The form is used to apply (44 U.S.C., 3501 et seq.), this notice for burial benefits, including Dated: September 23, 2002. transportation expenses. The announces that the Veterans Benefits By direction of the Secretary. Administration (VBA), Department of information is used to determine if the Ernesto Castro, Veterans Affairs, has submitted the deceased veteran had appropriate collection of information abstracted Director, Records Management Service. service and/or disability and that the below to the Office of Management and [FR Doc. 02–25268 Filed 10–3–02; 8:45 am] claimant has made payment for burial or Budget (OMB) for review and comment. BILLING CODE 8320–01–M has contracted to make appropriate The PRA submission describes the payment. nature of the information collection and An agency may not conduct or its expected cost and burden; it includes DEPARTMENT OF VETERANS sponsor, and a person is not required to the actual data collection instrument. AFFAIRS respond to a collection of information DATES: Comments must be submitted on [OMB Control No. 2900–0003] unless it displays a currently valid OMB or before November 4, 2002. control number. The Federal Register Agency Information Collection FOR FURTHER INFORMATION CONTACT: notice with a 60-day comment period Denise McLamb, Records Management Activities Under OMB Review soliciting comments on this collection of information was published on July Service (005E3), Department of Veterans AGENCY: Veterans Benefits 25, 2002, at page 48715. Affairs, 810 Vermont Avenue, NW., Administration, Department of Veterans Washington, DC 20420, (202) 273–8030, Affairs Affected Public: Individuals or households and business or other for- FAX (202) 273–5981 or e-mail: ACTION: Notice. [email protected]. Please profit. refer to ‘‘OMB Control No. 2900–0251.’’ SUMMARY: In compliance with the Estimated Annual Burden: 100,000 Send comments and recommendations Paperwork Reduction Act (PRA) of 1995 hours. concerning any aspect of the (44 U.S.C., 3501 et seq.), this notice Estimated Average Burden Per information collection to VA’s OMB announces that the Veterans Benefits Respondent: 20 minutes. Desk Officer, OMB Human Resources Administration (VBA), Department of Frequency of Response: On occasion. and Housing Branch, New Executive Veterans Affairs, has submitted the Estimated Number of Respondents: Office Building, Room 10235, collection of information abstracted 300,000. Washington, DC 20503 (202) 395–7316. below to the Office of Management and Please refer to ‘‘OMB Control No. 2900– Budget (OMB) for review and comment. Dated: September 23, 2002. 0251’’ in any correspondence. The PRA submission describes the Ernesto Castro, SUPPLEMENTARY INFORMATION: nature of the information collection and Director, Records Management Service. Title: Present Status of Loan, VA Form its expected cost and burden; it includes [FR Doc. 02–25269 Filed 10–3–02; 8:45 am] 26–8778. the actual data collection instrument. BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 67, No. 193

Friday, October 4, 2002

This section of the FEDERAL REGISTER Friday, September 20, 2002 make the September 6, 2002, make the following contains editorial corrections of previously following correction: corrections: published Presidential, Rule, Proposed Rule, On page 59271, in the third column, and Notice documents. These corrections are under the heading SUMMARY:, in the §121.201 [Corrected] prepared by the Office of the Federal ninth line, ‘‘IPCT/US02/01283)’’ should Register. Agency prepared corrections are 1. On page 56908, in §121.201, in the issued as signed documents and appear in read ‘‘(PCT/US02/01283)’’. table, in Subsector 221–Utilities, the the appropriate document categories [FR Doc. C2–23849 Filed 10–3–02; 8:45 am] entry for NAICS code 22121 is corrected elsewhere in the issue. BILLING CODE 1505–01–D as set forth below: 2. On page 56924, in the same section, in the same table, in Subsector 562– SMALL BUSINESS ADMINISTRATION DEPARTMENT OF DEFENSE Waste Management and Remediation Services, the entryfor EXCEPT, is Department of the Army 13 CFR Part 121 corrected as set forth below: Availability for Non-Exclusive, RIN 3245–AF00 Exclusive, or Partially Exclusive Licensing of U.S. Patent Application Small Business Size Standards; Concerning Easy Access Dental Field Adoption of Size Standards by 2002 Operating and Treatment System North American Industry Classification Having Over-the-Patient Delivery System for Size Standards Correction Correction In notice document 02–23849 In rule document 02–22200 beginning appearing on page 59271 in the issue of on page 56905 in the issue of Friday,

SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY–CONTINUED

Size standards Size standards NAICS codes NAICS U.S. industry title in millions of in number of dollars employees

Sector 22—Utilities

Subsector 221—Utilities

221121 ...... Electric Bulk Power Transmission and Control ...... See footnote 1 ...... ***** Subsector 562—Waste Management and Remediation Services

EXCEPT, Environmental Remediation Services14 ...... 50014

[FR Doc. C2–22200 Filed 10–3–02; 8:45 am] BILLING CODE 1505–01–P

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Part II

Department of Transportation Federal Aviation Administration

14 CFR Part 121 Improved Seats in Air Carrier Transport Category Airplanes; Proposed Rule

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DEPARTMENT OF TRANSPORTATION Comments Invited Administration, Office of Rulemaking, Interested persons are invited to ARM–1, 800 Independence Avenue Federal Aviation Administration participate in the making of the SW., Washington, DC 20591, or by proposed rule by submitting such calling (202) 267–9680. Make sure to 14 CFR Part 121 written data, views, or arguments, as identify the docket number, notice they may desire. Comments relating to number, or amendment number of this [Docket No. FAA–2002–13464; Notice No. the environmental, energy, federalism, rulemaking. 02–17] or economic impact that might result Background from adopting the proposals in this RIN 2120–AC84 notice are also invited. Substantive Statutory Requirement comments should be accompanied by Title III, section 303(b), of the Airport Improved Seats in Air Carrier cost estimates. Comments must identify and Airway Safety and Capacity Transport Category Airplanes the regulatory docket or notice number Expansion Act of 1987 (Act of 1987) and be submitted in duplicative to the AGENCY: directs the Secretary of Transportation Federal Aviation DOT Rules Docket address specified Administration, DOT. to initiate rulemaking to consider above. requiring all seats onboard all air carrier ACTION: Supplemental notice of All comments received, as well as a aircraft to meet improved proposed rulemaking (SNPRM). report summarizing each substantive crashworthiness standards based on the public contact with FAA personnel on best available testing standards for SUMMARY: The Federal Aviation this rulemaking, will be filed in the crashworthiness. On May 17, 1988, the Administration proposes to require that docket. The docket is available for FAA published Notice No. 88–8, all passenger and flight attendant seats public inspection before and after the Retrofit of Improved Seats In Air Carrier in transport category airplanes used in comment closing date. Transport Category Airplanes; Notice of part 121 passenger-carrying operations All comments received on or before Proposed Rulemaking (53 FR 17650). meet improved crashworthiness the closing date will be considered by That notice proposed to require all seats standards. This proposed rule is the Administrator before taking action of transport category airplanes used necessary to provide an increased level on this proposed rulemaking. Comments under part 121 and part 135 to comply of safety for part 121 operations. The filed late will be considered as far as with improved crashworthiness intended effect of this proposed possible without incurring expense or standards. The NPRM proposed to delay. The proposals contained in this rulemaking is to increase passenger prohibit the operation of these airplanes notice may be changed in light of the protection and survivability in impact- unless all seats meet the survivable accidents. comments received. Commenters wishing the FAA to crashworthiness performance standards DATES: Comments must be received on required by Amendment No. 25–64, or before December 3, 2002. acknowledge receipt of their comments submitted in response to this notice Improved Seat Safety Standards; Final ADDRESSES: Address your comments to must include a pre-addressed, stamped Rule (53 FR 17640, May 17, 1988). the Docket Management System, U.S. postcard with those comments on which Improved Seat Safety Standards— Department of Transportation, Room the following statement is made: Amendment No. 25–64 Plaza 401, 400 Seventh Street, NW., ‘‘Comments to Docket No. FAA–2002– Washington, DC 20590–0001. You must Amendment No. 25–64 upgraded the 13464.’’ The postcard will be date certification standards for occupant identify the docket number FAA 2002– stamped and mailed to the commenter. 13464 at the beginning of your protection during emergency landing comments, and you should submit two Availability of Rulemaking Documents conditions in transport category copies of your comments. If you wish to You can get an electronic copy using airplanes. Based on research, testing, receive confirmation that FAA has the Internet by taking the following and service experience, the amendment received your comments, include a self- steps: revised the seat and restraint system addressed, stamped postcard. (1) Go to the search function of the requirements and defined occupant You may also submit comments Department of Transportation’s injury criteria for impact conditions. through the Internet to http:// electronic Docket Management System The improved seating systems provide dms.dot.gov. You may review the public (DMS) Web page (http://dms.dot.gov/ increased occupant protection in docket containing comments to these search). airplanes involved in impact-survivable proposed regulations in person in the (2) On the search page, type in the last accidents. Docket Office between 9 a.m. and 5 four digits of the docket number shown Specifically, Amendment No. 25–64 p.m., Monday through Friday, except at the beginning of this notice. Click on revised § 25.561(b)(3) to increase the Federal holidays. The Docket Office is ‘‘search.’’ ultimate inertial forces in the upward, on the plaza level of the NASSIF (3) On the next page, which contains sideward, and downward directions, Building at the Department of the docket summary information for the and to add an ultimate inertial force Transportation at the above address. docket you selected, click on the requirement in the aft direction. The Also, you may review public dockets on document number of the item you wish ultimate inertial forces prescribed in the Internet at http://dms.dot.gov. to view. § 25.561(b)(3) are static load forces, and You can also get an electronic copy the type-certificate applicant must show FOR FURTHER INFORMATION CONTACT: Hal using the Internet through the FAA’s that the airplane, including seating Jensen, Aircraft Certification Service, Web page at http://www.faa.gov/avr/ systems and items of mass (and their Aircraft Engineering Division, AIR–120, arm/nprm/nprm.html or the Federal supporting structure), can withstand Federal Aviation Administration, 800 Register’s web page at http:// these forces. The static load Independence Avenue, SW., www.access.gpo.gov/su_docs/aces/ requirements of § 25.561(b)(3) increased Washington, DC 20591; telephone (202) aces140.html. the ultimate inertial forces (expressed in 267–8807; facsimile (202) 267–5340. You can also get a copy by submitting multiples of the acceleration of gravity, SUPPLEMENTARY INFORMATION: a request to the Federal Aviation or g) for emergency landing conditions

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from (1) 2.0g to 3.0g in the upward compressive load in each femur of the under the section titled New Proposal. direction; (2) 1.5g to 3.0g on the test dummy. Additionally, the The FAA received approximately 16 airframe and 1.5g to 4.0g on seats and performance criteria require that the additional comments to the docket seat attachments in the sideward seat remain attached at all points of between the close of the NPRM direction; and (3) 4.5g to 6.0g in the attachment and not yield under either of comment period and December 1998. downward direction. The amendment the dynamic load tests to the extent Based on comments on Notice No. also added a 1.5g requirement in the rapid evacuation of the airplane would 88–8, the FAA decided that it needed rearward direction. Revised § 25.561(d) be impeded. additional information to determine the requires that seats and items of mass Section 25.785(a), currently impact of that proposal on the aviation (and their supporting structure) meet § 25.785(b), was revised and requires community. Even though considerable the static load requirements without that each seat, berth, safety belt, research and development in dynamic deforming in a manner that would harness, and adjacent part of the testing of seats had been done over the impede rapid evacuation of the airplane at each station designated as preceding years to support the adoption occupants from the airplane. The static occupiable during takeoff and landing of the 16g standard in § 25.562, the load factors adopted by Amendment No. be designed so that a person making process of certifying seats to be used in 25–64 were selected to reflect industry proper use of these facilities will not production to the 16g standards was design practices and to take advantage suffer serious injury in an emergency still in its infancy. Furthermore, the of existing airframe floor strength. landing as a result of the inertial forces dynamic testing requirements for 16g Amendment No. 25–64 also added specified in §§ 25.561 and 25.562. seats represented a monumental § 25.562 to include new dynamic increase in sophistication and Retrofit of Improved Seats in Air Carrier performance standards for seating complexity over the simpler static Transport Category Airplanes—Notice systems to provide increased occupant testing used for 9g seats. Therefore, the No. 88–8 protection in airplanes involved in aviation industry and the FAA had impact-survivable accidents. In Notice No. 88–8, the FAA proposed many issues to iron out in the Specifically, § 25.562 (b)(1) and (b)(2) to add a new paragraph to §§ 121.311 preparation, execution, and evaluation provide that each seat type design and 135.169 to prohibit after June 16, of a 16g seat dynamic test program for approved for crew or passenger 1995, the operation of transport category seats to be manufactured in mass occupancy during takeoff and landing airplanes under part 121 and part 135 production. In 1990, the FAA developed must successfully withstand—(1) a that were type-certificated after January an advisory circular (AC) to provide change in downward vertical velocity 1, 1958, unless all seats onboard the industry guidance on the dynamic test (DV) of not less than 35 feet per second, airplanes are equipped with seats that process (AC 25.562–1, Dynamic with the airplane’s longitudinal axis meet the applicable certification Evaluation of Seat Restraint Systems & canted downward 30 degrees with requirements in § 25.785 in effect on Occupant Protection on Transport respect to the horizontal plane and with June 16, 1988. Even though the Act of Airplanes, March 6, 1990; superceded the wings level. Peak floor deceleration 1987 addressed seats on all air carrier by AC 25.562–1A, January 19, 1996). must occur in not more than 0.08 aircraft, the development of new Additionally, the FAA worked with seconds after impact and must reach a crashworthiness standards for seats in industry through the Society of minimum of 14g and (2) a change in normal and transport category rotorcraft Automotive Engineers SEAT Committee forward longitudinal velocity (DV) of had not been completed, and new seat to develop a standard that would detail not less than 44 feet per second, with standards for airplanes type certificated the requirements for dynamic testing of the airplane’s longitudinal axis in the commuter category had not been a 16g seat. That standard (Aerospace horizontal and yawed 10 degrees either proposed. Therefore, Notice No. 88–8 Standard 8049, Performance Standard right or left with the wings level. Peak did not propose the retrofit of seats in for Seats in Civil Rotorcraft, Transport floor deceleration must occur in not those categories of aircraft. Aircraft and General Aviation Aircraft) more than 0.09 seconds after impact and The 1988 proposal was directed at all was incorporated in Technical Standard must reach a minimum of 16g. Where seats (passenger seats, including divans Order (TSO)–C127 (Rotorcraft, floor rails or floor fittings are used to and sidefacing seats, flight attendant Transport Airplane, and Normal and attach the seating devices to the test seats, flight crew seats, observer seats, Utility Airplane Seating Systems) in fixture, the rails or fittings must be and courier seats), safety belts, 1992 and revised in 1998 (TSO–C127a) misaligned with respect to the adjacent harnesses, and adjacent parts of to include additional clarification. set of rails or fittings by at least 10 transport category airplanes used in The FAA’s guidance and standards degrees vertically with one rolled 10 passenger- and cargo-carrying material evolved over several years as degrees. operations under part 121 and the industry transitioned from Section 25.562(c) requires an scheduled intrastate common carriage producing 9g seats to 16g seats that assessment of certain performance under part 135. Notice No. 88–8 did not could meet FAA requirements. The FAA criteria during the dynamic tests propose to require an upgrade of the never lost sight of the goal of improving described in § 25.562(b)(1) and (b)(2) to static strength standards for fixed items the crashworthiness of seats in transport assess the potential for serious injury to of mass (other than seats) and their category airplanes. However, industry an occupant. Among these criteria are— support structures, and did not propose needed time to work out the technical (1) the maximum strap tension for upper to require modifications to the floor problems of meeting the 16g seat torso restraints of crewmembers; (2) the structure. standard, and the FAA needed time to maximum compressive load measured The FAA received 70 comments to the evaluate specific problems presented by between the pelvis and the lumbar NPRM during the comment period. industry and to develop proper column of the anthropomorphic Forty-five commenters agreed with the guidance material for obtaining 16g seat dummy; (3) the positioning criteria for proposal, 14 opposed it, and 11 certification. the upper torso restraint straps, where supported the intent of the proposal but The FAA held a public meeting on installed, and the lap safety belt; (4) the did not agree with all the provisions. October 23 and 24, 1995, in Seattle, criterion for preventing serious head The substance of these comments will Washington, to gather information on injury; and (5) the maximum be discussed later in this document 16g dynamic seats. The FAA presented

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its views and listened to comments from compatible and the process for § 25.562. In addition, in order to the aviation industry at that meeting. establishing compatibility. Industry accelerate the retrofit of the fleet, the The information gained during this expressed concern about the FAA’s FAA is proposing that, after four years public meeting led the FAA to ability to handle increased certification from the effective date of the rule, reconsider the original proposed rule in projects and the seat manufacturers’ whenever an operator of a transport Notice No. 88–8. ability to produce enough seats in four category airplane replaces an existing From the mid-to-late 1990s, although years to meet the other requirements of passenger or flight attendant seat with a industry and the FAA continued to the proposal. Furthermore, industry different type of seat, the operator must address significant 16g seat issues, criticized the FAA data used to support equip the airplane with seats that meet enough progress had been made that 16g the safety benefits of the proposal as the requirements of § 25.562 before the seats were being produced and outdated and argued that the number of airplane could be operated in passenger- certificated on a regular basis. potential lives saved would not warrant carrying service. Therefore, the FAA believed it was the costs associated with the proposal. For existing airplanes, this SNPRM appropriate to move forward with its In addition, comments presented at the would give part 121 operators discretion proposed rulemaking to improve seats public meeting addressed the expense in replacing the existing seats on any on transport category airplanes. As a associated with previously adopted airplane with 16g seats for a period of result, the FAA held a public meeting regulations addressing accident 14 years after the effective date of the on December 8 and 9, 1998, to discuss prevention. Other industry final rule. An operator would be its proposed revisions to the 1988 representatives also recommended that required to replace all passenger seats proposal and obtain more current regulatory requirements involving and all flight attendant seats on an information and views. significant costs should focus on airplane only when the operator chooses to replace any passenger seat or flight December 1998 Public Meeting accident prevention rather than aircraft crashworthiness. Finally, some industry attendant seat on that airplane. In the 1998 public meeting proposal, representatives urged that the FAA Therefore, an operator could elect to the FAA deleted its proposal to revise permit air carriers to replace seats based make no seat replacements for up to 14 part 135 and proposed to add a new on business needs. years. However, after 14 years all paragraph to § 121.311 that would In addition to comments offered at the passenger seats and all flight attendant prohibit the operation of any transport public meeting, the FAA reopened the seats on all transport category airplanes category airplane type-certificated after docket for comments through January 8, operated under part 121 must meet the January 1, 1958, on which all passenger 1999. The FAA received approximately 16g standard as defined in § 25.562. The and flight attendant seats did not fully 40 additional comments by the close of SNPRM would not apply to the removal meet the requirements of § 25.562. The this comment period. The commenters and reinstallation of the same seat or an FAA also indicated it was considering generally opposed certain aspects of the identical seat in the same airplane for an exception for airplanes operated in proposal. The substances of these the purpose of seat maintenance or all-cargo operations. At that time, the comments are discussed in this SNPRM cabin interior maintenance. Also, under proposed requirements would be under the section titled New Proposal. this SNPRM, the replacement of seat effective four years after publication of cushions and seat dress covers is not New Proposal a final rule, which would have been considered seat replacement and approximately January 2003. Based on the comments received in upgrading to the 16g standard will not The FAA also proposed an alternative response to Notice No. 88–8 and the be required. For the purpose of this in another paragraph in § 121.311 that 1995 and 1998 public meetings, as well SNPRM, seat replacement means the would allow a transport category as new survivable accident data and removal of an existing seat and the re- airplane type-certificated after January cost-benefit analysis developed installation of a seat other than the one 1, 1958, to continue to be operated after following the 1998 public meeting, the removed or other than an seat identical four years after the publication of a final FAA has determined that it is to the one removed. This allows a spare rule provided all passenger and flight appropriate to issue an SNPRM. or new seat to replace a damaged seat attendant seats met the requirements of The FAA is proposing a two-tiered provided the part numbers are the same. § 25.562 or were properly marked as time table—one that would require The intent of this SNPRM is to allow the 16g-compatible. The FAA stated that a newly-manufactured airplanes to be replacement of a damaged seat without seat could properly be marked as 16g- equipped with the improved seats first, requiring the operator to upgrade the compatible if it was manufactured and allow more time for the remainder entire airplane with 16g seats. before the four-year compliance date of the fleet to be retrofitted with those This proposal was developed after and underwent a supplemental seats. In order to ensure that newly- carefully considering the viewpoints certification. Under the 1998 proposal, manufactured airplanes—those that will presented at the 1998 public meeting. an applicant for a 16g-compatible seat be in the fleet the longest—have the The FAA believes this SNPRM will would be required to show that the seat improved seats first, the FAA proposes provide the best solution for upgrading or seat type would withstand the to prohibit the operation in passenger- the entire fleet of part 121 transport dynamic loads set forth in § 25.562(a) carrying service of any transport category airplanes with safer seats in a and (b) without structural separation of category airplane manufactured after reasonable timeframe. A wide range of the seat’s primary structure. The four years from the effective date of the options was considered for seat applicant also would need to final rule unless all passenger and flight replacement on existing aircraft that demonstrate that the occupant dummy attendant seats on that airplane meet the ranged from voluntary replacement to would remain in the seat during the test requirements of § 25.562. At the outer mandatory replacement under several and not be entrapped by the test article. limit, after 14 years from the effective different timeframes of compliance. In addition, the FAA indicated it would date of the final rule, no transport Evaluations included giving credit for not require the retrofit of seats of aircraft category airplane could be operated in certain era seats believed to be operated under part 135. passenger-carrying service unless all compliant with some parts of § 25.562. Much of the discussion at the public passenger and flight attendant seats on The degree to which the replacement meeting addressed the meaning of 16g- that airplane meet the requirements of seats would have to comply with

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§ 25.562 was also evaluated. The issue The FAA has chosen a final newly manufactured airplanes, or those of ‘‘16g-compatible’’ seats presented at compliance timeframe that is quite airplanes that will be in the fleet the the 1998 public meeting has been liberal in allowing airlines to exercise longest, will be required to meet full 16g remedied in this SNPRM by ensuring their own discretion in seat replacement seat certification the soonest. one level of safety that requires full and yet ensures that the transport fleet compliance with § 25.562. The will be upgraded to the 16g standard. Compliance Schedule proposals in this SNPRM also would This SNPRM reduces the overall cost Notice No. 88–8 proposed that all eliminate the need for recertification of compared to other proposed rule transport category airplanes must meet existing seats already installed on options since operators are not locked airplanes to show they were 16g into accelerated seat replacement the requirements proposed by June 16, compatible. Some options would have schedules for their existing aircraft. 1995, which gave operators 7 years to required seats in existing aircraft to be However, this SNPRM ensures that comply. The 1998 public meeting replaced per a fixed accelerated when the operators elect to replace their proposed that all transport category schedule; however, the FAA believes seats, the new seats will be ‘‘full’’ 16g airplanes meet the newly proposed that replacement of the seats based on (i.e., must meet all requirements of requirements four years after current business practices will § 25.562) and one level of safety for publication of the final rule. effectively update the existing fleet and seats will be developed throughout the The following compliance table allow the airlines flexibility in fleet. This SNPRM also was chosen summarizes what this SNPRM proposes: achieving this goal. because it would mandate that the

Timeframe affected aircraft 4 years after effective date of final rule 14 years after effective date of final rule

Existing Airplanes (airplanes manufactured be- Compliance to 25.562 is required for the air- Compliance to 25.562 is required for all air- fore 4 years after effective date of final rule). plane when its seats are replaced. planes. Newly Manufactured Airplanes (airplanes man- Compliance to 25.562 required ...... Compliance to 25.562 required. ufactured after 4 years after effective date of final rule).

Numerous commenters to Notice No. 16g seats. However, several commenters seats are not included. Numerous 88–8 indicated that the 7-year time did not support the retrofit of 16g seats. commenters, including passengers, period for compliance as proposed was These commenters indicated that most supported the requirement for 16g seats too long and would unnecessarily transport category airplanes will have and indicated that passengers would be reduce safety, and they recommended a 16g seats by 2001 to 2005, there are no willing to pay for increased ticket prices compliance period anywhere from 2 to certification standards for 16g seats, and attributable to the cost of the retrofit. 5 years after publication of the final it is unfair to retrofit an airplane to a Two commenters to Notice No. 88–8 rule. Certain airplane manufacturers, standard that was not in effect when the indicated that the proposal should seat manufacturers, and air carriers airplane was certificated, bought, or apply to flight deck seats. However, stated that the 7-year compliance date in leased. numerous other commenters did not Notice No. 88–8 was too soon. Service After considering the numerous support improved flight deck seats experience has shown that the life of an comments and taking into account seat contending that flight deck seats are airplane passenger seat is greater than manufacturing and replacement unique to each airplane model, are not the service life used as the basis for the practices, the FAA has determined that track mounted, and typically last the life proposal. Several commenters indicated a four-year compliance period is of the airplane. Furthermore, these that the typical replacement age of seats sufficient to ensure seat manufacturers commenters indicated that they are not is between 10 and 21 years, with an will be able to provide 16g seats for aware of any statistics relating to average seat life being 14 years. these airplanes. Furthermore, the FAA fatalities or serious injuries where flight Furthermore, two commenters to the has established two compliance deck seats were involved and that all 1998 public meeting proposal indicated schedules: one for newly manufactured the test data referenced in Notice No. that the average age of their retired airplanes and one for existing airplanes. 88–8 applied only to passenger seats. airplanes is 23 and 42 years, and one For newly manufactured airplanes, this The FAA is unable to conclude that commenter indicated that it has no proposal is consistent with the proposal upgrading the survivability aspect of airplanes older than 25 years. discussed at the 1998 public meeting. flight deck seats would result in a Some commenters to Notice No. 88– This SNPRM would ensure that 16g significant, overall improvement in 8 suggested that there should be two seats are installed on the newest safety. In fact, there is evidence to the compliance periods: one for newly airplanes, which will be in the fleet the contrary. The FAA determined that the manufactured airplanes and one for longest amount of time. flight deck seat structure differs existing airplanes. The commenters significantly from the structure of indicated that newly manufactured 16g Seats passenger seats. The flight deck floor airplanes should have 16g seats Notice No. 88–8 applied to all seats structure is heavier and far more rigid installed by a specific time and that air occupiable during takeoff and landing. than the floor structure in much of the carriers should accomplish retrofit Those seats included passenger, flight passenger compartment. As part of the during the first complete refurbishment attendant, flightcrew, observer, and evaluation of comments on flight deck of the cabin or seats. The commenters courier seats. The 1998 public meeting seats, the FAA reviewed post-1983 also suggested that retrofit should not be proposal applied only to all passenger transport category airplane accident required when seats are removed and and flight attendant seats. Similarly, the data. One of the accidents reviewed replaced during normal maintenance FAA notes that this SNPRM applies confirmed the differences between cycles. Other commenters supported the only to passenger and flight attendant airframe structural performance and current voluntary program for installing seats; flight deck, observer, and courier failure modes of flight deck seats and

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passenger seats. In that accident, the should not exceed the ultimate than seats currently used in air floor structure surrounding the pilot’s allowable floor strength. transportation. The FAA notes that it seat separated from the airplane with The 16g dynamic standard (14 CFR consistently used a 0.6-pound weight the seat intact. Neither the pilot seat nor 25.562) that became effective in 1988 increase estimate for analysis purposes its floor attachments had failed. was developed to be compatible with in Notice No. 88–8 and Amendment 25– Throughout the remainder of the cabin, the floor strength of existing aircraft. 64. Furthermore, based on current however, passenger seats consistently The current static requirements for seats information from seat manufacturers, exhibited typical floor attachment and (14 CFR 25.561) include a 9g forward the FAA maintains there is not a leg failures, which are the failure modes load, originally adopted in 1956, and significant increase in weight between a this regulatory action seeks to mitigate. were the basis for evaluating seat to 9g passenger seat and a 16g passenger For the reasons stated above, the FAA floor strength issues when § 25.562 was seat. Therefore, the FAA used a 0-pound concludes that there is insufficient basis added. The 16g standard was added increase for passenger seats and a 0.5- to consider flight deck seats in the knowing that seat design had progressed pound weight increase for flight retrofit requirement. to the point that the energy from a 16g attendant seats in the current cost Four commenters contended that impact could be attenuated in the seat analysis in this SNPRM. The FAA because flight attendants perform structure without exceeding prevalent maintains that the current trend of critical functions in the post-accident seat track and floor strengths. This installing additional equipment on seats time frame, flight attendant seats should SNPRM addresses only the replacement for passenger convenience and be included in the proposal. However, of seats and does not require the entertainment, primarily causes seat other commenters did not believe flight modification of the floor structure of weight increases. Devices like attendant seats should be included existing airplanes or of airplanes telephones and video screens are because they are unique to the specific manufactured under existing type common additions to seats that, along airplane model and are not track certificates. It was stated in the NPRM with their supporting structure, increase mounted. These commenters further that transport category airplane seat weight. The FAA maintains that if stated that the proposal in Notice No. structure remains substantially intact any increases in weight between a 9g 88–8 is based on data collected for and provides a livable volume for seat without extra features and a 16g passenger-seat weights, prices, occupants throughout a survivable seat without extra features exist, they replacement times, and passenger impact accident. To take advantage of are small and the resultant increase in fatalities. These commenters suggest a existing floor strength without requiring safety is justified. In addition, if the separate analysis be conducted for flight significant structural modifications or airlines find that seat weight increases attendant seats. weight increases, the FAA selected the from added devices pose a significant After reviewing the comments, the static load factors adopted in operational cost, they have the option of FAA finds that flight attendants have Amendment No. 25–64. Additionally, removing or modifying the non-required critical life-saving duties to perform the FAA had an objective to ensure that equipment currently installed on the following an emergency landing and has seats complying with improved seat. determined that flight attendant seats crashworthiness standards could be will be included in this SNPRM. The effectively used in existing and newly 16g-Compatible Seats FAA notes that flight attendants must manufactured airplanes. This will be In its 1998 public meeting proposal, assist passengers with emergency egress achieved if the seats are designed the FAA proposed an alternative that through emergency exits to safety properly. The FAA also points out that would allow the use of seats that are outside the airplane. Therefore, flight an airplane with light duty tracks also properly marked as ‘‘16g-compatible.’’ attendant seats are located in the would have low track loads created by The FAA stated that a seat could be passenger compartment. Therefore, it is multiple seat legs as opposed to an marked as 16g-compatible if it is imperative that flight attendant seats airplane in which heavy duty tracks are manufactured before the four-year provide impact protection comparable used to compensate for fewer seat legs. compliance date and the Administrator to passenger seats to ensure flight Five commenters to Notice No. 88–8 has determined the seat type to be attendants will not be incapacitated by indicated that the FAA underestimated capable of carrying the resultant an emergency landing and will be the additional weight of the improved dynamic loads required in § 25.562 (a) available to assist in emergency seats. The commenters noted that the and (b) without structural separation of evacuations. weight increase could be double what primary attachments. Several commenters indicated that the the FAA indicated in Notice No. 88–8. As previously noted, the FAA did not airplane structures might not be The commenters added that the FAA adopt its 1998 proposal regarding 16g- compatible with the 16g load based its weight estimate on new compatible seats. The commenters from requirement and noted that structural materials that are not proven. One the 1998 public meeting indicated that modifications may be required to take commenter indicated that there are no the FAA underestimated the number of advantage of 16g seats. One commenter specific cases where the new 16g seats seat model certifications needed. The stated that not all of the floors of all in- were lighter in weight than the seats commenters further noted that the FAA service transport category airplanes are they replaced. A participant at the 1998 did not consider the costs associated compatible with the 16g dynamic load public meeting indicated that a 16g seat with the complete 16g-compatible seat standards. Several commenters weighs approximately 10 pounds more verification process. The FAA agrees indicated that the FAA should address than a 9g seat; another commenter with the commenters and has airplanes with weak tracks. A indicated an increase of 3 kilograms per abandoned the proposal for certification commenter stated that even though a seat; and a third commenter indicated of seats as 16g-compatible because it seat may stay attached to a an increase of 400 pounds per airplane. would be impractical. Therefore, this representative track during dynamic As the FAA stated in Notice No. 88– SNPRM does not contain the 1998 testing, other components of the system 8, although reduced weight is not public meeting 16g-compatible (the floors, beams, and fuselage) may guaranteed, it is still likely. The FAA alternative. As noted at the public fail; therefore, the load imposed on the also points out that it did not imply meeting and in the comments, the seat tracks during dynamic testing there were improved seats weighing less process for establishing seats as 16g-

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compatible could prove to be too results for front row head injury criteria of the increasing number of such burdensome for the operators and the (HIC). Another commenter to Notice No. operations. FAA. 88–8 requested that Federal Motor At the time Notice No. 88–8 was Vehicle Safety Standard No. 208 (49 published, a significant number of Requirements of § 25.562 CFR 571.208) be used for HIC transport category airplanes were Amendment No. 25–64 added section measurements and limited to a 36 operated under part 135. Accordingly, 25.562 that defines emergency landing millisecond duration. The commenter Notice No. 88–8 proposed that seats on dynamic conditions with which also opposed testing for HIC during a transport category airplanes operated transport category airplane seats and double row test with floor deformation under part 135 in air carrier operations restraint systems must comply. The of the forward seat. Furthermore, the or scheduled intrastate common carriage conditions include two dynamic tests of commenter stated that HIC limits should meet the same standards as seats on the seat and restraint system; one is a not be applicable to bulkheads, transport category airplanes operated simulated combined vertical/ partitions, and dividers used in under part 121. In 1995 the FAA issued longitudinal crash condition reaching at currently certificated airplanes. Amendment Nos. 119, 121–251, and least 14g’s and the other test is a Commenters to the 1998 public meeting 135–58, Commuter Operations and simulated longitudinal crash condition indicated that to comply with the front- General Certification and Operations reaching at least 16g’s. The seats must row HIC requirements they would have Requirements; Final Rule (60 FR 65832; demonstrate the capability of providing to sacrifice seat pitch (the distance along December 20, 1995) (the commuter protection of their occupants when the airplane’s longitudinal axis from a rule). The commuter rule requires all exposed to the loads of these tests. That point on one seat to the identical point operators conducting scheduled protection includes insuring the seat on the next seat) in the back rows, passenger-carrying operations in system remains attached to the airplane remove the first row of seats, add y-belts airplanes that have passenger seating as intended and that none of several (a lap belt that uses two load paths and configurations of 10 through 30 seats occupant protection criteria are anchor points for each half of the belt) (excluding crewmember seats) and in exceeded. Those occupant protection or airbags, or make bulkhead turbojet airplanes regardless of seating criteria significantly improve the modifications. The commenters configuration that formerly conducted likelihood that the occupant survives indicated that removing a row of seats operations under part 135, to conduct the impact and does not suffer an injury is the only way to comply with HIC if operations under part 121. As a to a degree that would make evacuation they do not want to sacrifice seat pitch. consequence of the commuter rule, the from the airplane unlikely. Finally the operation of some nontransport category The FAA points out that the new criteria under § 25.562 insure that the airplanes now comes under the purview crashworthiness standards are in effect seat does not deform during the crash of part 121 as do some transport and seats are certificated to those conditions to an extent that would category airplanes that used to be impede rapid evacuation from the performance standards. The criteria for operated under part 135. Only airplane. the improved crashworthiness standards nonscheduled, on-demand operations Notice No. 88–8 required all seats to have been verified through research remain in part 135. meet the applicable standards in testing by the FAA and static and Several commenters questioned the § 25.785. The 1998 public meeting dynamic testing by seat manufactures to need to require improved passenger proposal required seats to meet the demonstrate compliance with the seats on all-cargo airplanes and requirements in § 25.562. The FAA provisions of Amendment 25–64. The airplanes with convertible or notes that § 25.785 references the FAA agrees that appropriate guidance is combination configurations. The FAA requirements in § 25.562, which necessary to make the certification notes that this SNPRM does not apply addresses crashworthiness standards. process easier for all concerned. That to airplanes used in all-cargo operations However, the FAA points out that the guidance is provided in Advisory because these airplanes do not carry requirements in § 25.785 address more Circular 25.562–1A, Dynamic passengers for compensation or hire. than crashworthiness standards and Evaluation of Seat Restraint Systems However, transport category airplanes those requirements are not included in and Occupant Protection on Transport type certificated after January 1, 1958, this proposed rulemaking. Therefore, Airplanes, revised on January 1, 1996; that have convertible or combination this proposal has been revised to SAE Aerospace Standard 8049, issued configurations would be required to reference § 25.562 instead of § 25.785. in July 1990; and Technical Standard meet the same seat standards required Commenters noted that the FAA Order (TSO) C127a, Rotorcraft, for all-passenger carrying transport should provide uniform and Transport Airplane, and Normal and category airplanes operated under part standardized guidance procedures for Utility Airplane Seating Systems, 121 because those airplanes carry the dynamic testing required under revised on August 21, 1998. passengers. § 25.562. One commenter to Notice No. Applicability The FAA also notes that an improved 88–8 indicated that neither the FAA nor seat need not be provided for the members of the Society of Automotive Notice No. 88–8 proposed changes to carriage of a person listed in § 121.583. Engineers (SAE) committee had been all transport category airplanes operated Therefore, this proposal also amends able to define a workable statement of under part 121 and part 135. The FAA’s § 121.583(a) to add § 121.311(j) and (k) deformation limits. That commenter 1998 public meeting proposal applied to to the list of sections excluded from also stated that the floor warping transport category airplanes operated compliance. definition in § 25.562(b)(2) does not under part 121. Similarly, this SNPRM In Notice No. 88–8, the FAA adequately define a warped floor plane. would not affect airplanes currently requested comments on whether The commenters further noted that the operated under part 135. Numerous improved seats should be required in FAA should define the maximum seat commenters to Notice No. 88–8 opposed rotorcraft. Two helicopter encroachment allowed. the inclusion of part 135 on-demand manufacturers noted that the retrofit of A commenter to the 1998 public operators. However, several commenters 16g seats in rotorcraft would necessitate meeting stated that no seat indicated that the proposal should airframe modifications that would manufacturers had achieved satisfactory apply to on-demand operators because increase the weight and decrease the

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payload and productivity of the aircraft. the JAA and Transport Canada the goal is to clarify or interpret current The FAA agrees with the commenter requirements for passenger seats. (63 FR policy or develop new policy to address that the necessary airframe 46272, August 31, 1998). The FAA the specific issue. modifications for existing rotorcraft are stated that the objective was to The second part of the plan focuses not feasible. It has never been the intent harmonize test article selection and on the TSO program for seats. Tasks of a rulemaking to improve the other methods of compliance with within the plan have been set to ensure crashworthiness of seats on any type of § 25.562, including pass/fail criteria and that the TSO remains a valid approval aircraft to require modifications below test methodology. basis for seats and is recognized as such. the seat-to-floor interface, and therefore ARAC assigned the task to the Tasks are also in place to provide airframe modifications would not be existing Seat Testing Harmonization clarification and standardization on the included. A fundamental concept when Working Group. If adopted by the FAA, extent that the TSO approval or developing regulations for improved the ARAC recommendations regarding a activities associated with obtaining that seat crashworthiness (eg. § 25.562) has simplification of the test article approval can be utilized to demonstrate been to match the proposed increases in selection process and pass/fail criteria compliance with the airworthiness seat strength to the existing aircraft floor should provide a much shorter test plan requirements of part 25 of the Federal strengths to preclude the need for approval cycle and reduce the number Aviation Regulations. In addition, the additional reinforcement of the of tests required. TSOs will be developed to maximize the airframe. Since the NPRM, the FAA has On April 6, 2000, the Wendel H. Ford amount of data that can be obtained developed improved crashworthiness Aviation Investment and Reform Act during the TSO process that can also be standards for rotorcraft type certificated (HR 1000) was enacted into law. Section used to meet airworthiness after November 13, 1998. Amendment 757 of Public Law 106–81 contains requirements. Nos. 27–25 and 29–29 (54 FR 47318; information directing the Administrator The third part of the plan involves use (FAA) to take specific measures aimed November 13, 1998) incorporate these of local authorities to maximize use of at streamlining the seats and restraint standards in 14 CFR parts 27 and 29. foreign and domestic regional approvals systems certification process and 16g However, the FAA points out that they to improve the seat certification process. dynamic testing requirements. were not in effect when Notice No. 88– The plan calls for development of 8 was published on May 17, 1988; In August 2000, the FAA formed a joint government/industry team that agreements between seat suppliers and therefore, this SNPRM does not include the regulatory offices (e.g., aircraft rotorcraft. consisted of FAA, JAA, airlines, seat manufacturers, airframe manufacturers, certification offices in the U.S.) Torso Restraint and the Association of Flight overseeing the suppliers. The agreement Attendants. This Charter Team looked at provides a roadmap for all stakeholders An association noted that Notice No. to understand responsibilities and 88–8 did not address lap belt restraint the various initiatives that were already underway that, if implemented, would relationships in the certification process capability in forward facing seats and is and defines a process for resolving concerned because the head and upper streamline or otherwise improve the seat and restraint system certification problems when they occur. Great benefit body is unrestrained. will be gained by mapping out this The FAA points out that the intent of process. The Charter Team identified process which provides opportunities to Notice No. 88–8 and this SNPRM is to issues in the current seat certification identify potential problems early in the require the installation of improved process that, if effectively resolved, may program and to avoid similar problems seats to provide increased passenger and reduce the time and cost of seat in subsequent programs. The plan also flight attendant safety resulting from certification programs by as much as 50 addresses inconsistencies between how fewer seat failures. The intent is not to percent. With that goal in mind, the domestic seat approvals and foreign seat require restraints for the upper torso. Charter Team agreed to a plan of action approvals are made. The goal is to While the comment may have merit, the that focuses on four areas in seat ensure that methods to facilitate seat focus of Notice No. 88–8 and this certification: policy related to seat approvals are equivalent without SNPRM is on improved seats. certification, the Technical Standard Orders (TSO) for seats (i.e., TSO C39b compromising safety standards. Reference Material and TSO C127a), utilization of local The fourth and final part of the A Benefit Analysis for Aircraft 16g authorities (both domestic and foreign) Charter Team plan looks at alternative Dynamic Seats (Report DOT/FAA/AR– in seat certification, and alternative methods from more traditional ways of 00/13/April 2000) predicted the benefits methods for seat certification. The approving seats for use in aircraft. This for accidents studied from 1984 to 1998 specific tasks within each of these areas area has concentrated on the use of if 16g seats had been installed in the have been determined and are being analytical modeling in seat certification airplanes. This document is available to worked by both industry and FAA as well as systems that simulate a the public through the National members of the Charter Team. portion of the dynamic testing process Technical Information Service, The first part of the plan requires a (‘‘component testers’’) without the Springfield, Virginia 22161. It can also review of existing policy on seat necessity of a complete test. A specific be accessed through the FAA’s William certification by both industry and the task is to issue guidance for the use of J. Hughes Technical Center Full Text FAA. The review will identify policy computer simulation in lieu of full scale Technical Reports Internet site at http:/ that is not clear, inappropriately testing. Other tasks include guidance on /www.fire.tc.faa.gov/reports/report2.stm applied, or is inconsistent or conflicts the use of specific component testers to in Adobe Acrobat Portable Document with other policy. Industry will identify address occupant injury criteria in lieu Format (PDF). to the FAA key seat certification issues of full scale testing. that have proven problematic and The four elements of the Charter Related Activity relevant policy, if it exists, will be Team plan are being worked The FAA tasked the Aviation reviewed. Additionally, both industry concurrently with continuous review by Rulemaking Advisory Committee and the FAA can identify areas where industry and the FAA for progress (ARAC) to provide advice and development of new policy could towards implementation and to refine recommendations on harmonizing with simplify seat compliance. In each case, the plan as mutually agreed upon.

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The FAA requests comment on the impose an unfunded mandate on state, is assumed approximately 10% of seats plan as outlined above as well as other local, or tribal governments, or on the installed or replaced will be 9g-seats. suggestions for making the approval of private sector. The FAA has placed The analysis projected the seats more efficient while maintaining these analyses in the docket and distribution of seats in the absence of required safety standards. summarized them below. regulatory action. The distribution was based on the following assumptions: Paperwork Reduction Act The economic evaluation of this proposed rulemaking is based primarily 1. Part 121 airplanes are retired after The Paperwork Reduction Act of 1995 on a November 2000 study titled 42 years of service. (44 U.S.C. 3507(d)) requires that the ‘‘Improved Seats in Transport Category 2. Seat replacement uniformly FAA consider the impact of paperwork Airplanes: Analysis of Options,’’ distributed with mean seat life of 14 and other information collection prepared by the FAA’s Office of System years. burdens imposed on the public. We Safety (ASY).) The report is hereinafter 3. Fleet/seat growth based on FAA have determined that there are no new referred to as the ASY 16g-seat options Aerospace Forecast. information collection requirements study, or in short, the ‘‘ASY 16g-seat 4. Relationship of full 16g- to partial associated with this proposed rule. study.’’ The study evaluated costs and 16g-seats stays the same. The distribution of seat types is as benefits for the period 2000–2020 International Compatibility follows: (although the final rule probably would In keeping with U.S. obligations • Group I: Airplanes manufactured not be implemented until 2002, the under the Convention on International before 1992 having seats installed before benefit/cost relationship would Civil Aviation, it is FAA policy to 1992. While 16g-seats were being essentially be the same). A modified comply with International Civil installed before this date, the majority of option 5 of that analysis is the basis of Aviation Organization (ICAO) Standards these seats are 9g. and Recommended Practices to the the new requirements proposed in this • Group II: Airplanes manufactured maximum extent practicable. The FAA SNPRM. The SNPRM incorporates a 14- before 1992 having replacement seats determined that there are no ICAO year deadline date beyond which all installed after 1991. Some (unknown) Standards and Recommended Practices airplanes must be in compliance; as a proportion of seats in this group may that correspond to these proposed result, the cost/benefit data in this have partial 16g performance although regulations. analysis differ somewhat from option 5 no airplane model in this group is 16g- in the study cited. The study has been certificated. Note that the sum of Group Economic Evaluation Summary placed in FAA’s docket file associated I and Group II declines over time as Changes to Federal regulations must with this rulemaking. Besides these airplanes/seats are retired from undergo several economic analyses. incorporating a 14-year deadline date passenger service. First, Executive Order 12866 directs for compliance, the subject evaluation • Group III: Airplanes manufactured each Federal agency proposing or differs from the ASY 16g-seat study in after 1991. Some (unknown) proportion adopting a regulation to first make a that it uses $3 million for a fatality of seats in this group may have partial reasoned determination that the benefits averted (vs. $2.7 million). 16g performance. of the intended regulation justify its Regulatory Evaluation • Group IV: Airplanes manufactured costs. Second, the Regulatory Flexibility after 1992 and compliant with some Act of 1980 requires agencies to analyze This section explains and summarizes parts of 14 CFR 25.562 (certificated the economic impact of regulatory the relevant data used in this analysis partial 16g capability). changes on small entities. Third, the and describes the methodology used to • Group V: Airplanes manufactured Trade Agreements Act prohibits calculate benefits and costs. Total after 1992 and fully compliant with 14 agencies from setting standards that estimated dollar benefits and costs are CFR 25.562 (e.g. certification basis create unnecessary obstacles to the presented in the Benefit/Cost Summary includes Amendment 25–64, or full 16g foreign commerce of the United States. at the end of the section. testing was performed voluntarily). If In developing U.S. standards, this act To estimate the potential benefits and this proposal were in effect, Group V requires agencies to consider costs of this new proposal, it was first seats would be projected to increase international standards, and use them necessary to divide seat installations from approximately 23,000 at year end where appropriate as the basis of U.S. into three broad ‘‘compliance’’ 1999 to 1.8 million in 2020 (versus standards. Fourth, the Unfunded categories: (1) ‘‘Full 16g’’ seat approx. 560,000 in 2020 under the Mandates Reform Act of 1995 requires installations are compliant with 14 CFR ‘‘baseline’’ assumption). agencies to prepare a written assessment 25.562 (a), (b), and (c). (2) ‘‘Partial 16g’’ Two critical questions are: (1) What is of the costs and benefits and other seat installations are compliant with the performance of Group II/III seat effects of proposed and final rules. An some of 14 CFR 25.562 (a), (b), and (c) installations relative to full 16g and assessment must be prepared only for but have not been tested to meet all partial 16g installations? (2) How will rules that impose a Federal mandate on occupant injury criteria. (3) ‘‘9g’’ seat the composition of Group II/III State, local or tribal governments, or on installations refer to older vintages of installations change over time? Will the private sector, likely to result in a seats that meet 9g structural operators continue to upgrade these total expenditure of $100 million or requirements only. seats in the absence of rulemaking? more in any one year (adjusted for In addition, the projected population Projected (2000–2020) fatality and inflation.) of seats was divided into five different serious injury rates are equal to the In conducting these analyses, the FAA groups depending on the date of aircraft fatality and injury rates for U.S. 14 CFR has determined this rule: (1) Has manufacture and the projected date of part 121 (scheduled and nonscheduled) benefits that do justify its costs, (2) is a seat replacement. Replacement seats are operations for the period 1984–1998, significant regulatory action; (3) would assumed to be distributed according to which is the time period used in Report not have a significant impact on a the estimated proportion of full 16g-, DOT/FAA/AR–00/13/April 2000, ‘‘A substantial number of small entities; (4) partial 16g-, and 9g-seat certification Benefit Analysis for Aircraft 16g would have neutral impact on programs. For example, if 10% of seat Dynamic Seats’’ (which has also been international trade; and (5) does not certification programs are for 9g-seats, it placed in the docket and is hereinafter

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termed the ‘‘DOT/FAA report’’). to 1,450.3 million in 2020. Enplanement of serious injuries yields an estimate of Although the report evaluated totals are then combined with fatality/ the percentage reduction in injuries that worldwide accidents to determine the serious-injury rates and seat distribution would be achieved by requiring 16g- degree to which 16g-seats would reduce to assess risk reduction potential per seats. Example: There were a total of casualties in a typical accident (note seat type (see below). 329 injuries during the study period that a typical U.S. accident is not • Construct a baseline estimate of the (U.S. 14 CFR part 121). According to the significantly different from a typical distribution of seat types. This analysis DOT/FAA report, 79 serious injuries non-U.S. accident in terms of accident divides the projected population of seats could have been averted had 16g-seats outcomes), it is important to emphasize into different groups (see the discussion been installed in the part 121 fleet. that the benefits in this regulatory below) depending on the date of aircraft Therefore, a 16g-seat requirement could evaluation are based on the U.S. part manufacture and the projected date of have averted 79/329 = 24% of serious 121 accident rate. seat replacement. The distribution of injuries during the study period. The Benefits Section explains the enplanements across seat groups is • Determine adjustment factors for method used to estimate benefits, assumed to be proportional to the each seat group. The degree to which a constructs baseline estimates of the number of seats in each group. new seat reduces fatality and injury population of affected airplanes, Replacement seats are assumed to be risks is a function of the vintage of seat projects the distribution of part 121 seat distributed according to the estimated it is replacing. As noted elsewhere in types for the period 2000–2020 proportion of full 16g-, partial 16g-, and this study, however, the DOT/FAA (assuming no future regulatory action), 9g-seat certification programs. For report did not estimate the relative and forecasts future fatality and serious example, if 10% of seat certification performance of full and partial 16g- injury rates. The Cost Section explains programs are for 9g-seats, it is assumed seats. Aircraft Certification Service the methods used to estimate costs and approximately 10% of seats installed or engineers provided subjective estimates constructs baseline cost estimates for replaced will be 9g-seats. of the performance of seats in Groups I– passenger and flight attendant • Forecast fatality and serious injury V (see discussion below). Example: A (hereinafter, ‘‘FA’’) seats. rates. This analysis postulates that the Group V seat (full compliance with 14 projected rates of fatalities and serious CFR 25.562) has an effectiveness rating A. Benefits Model injuries per enplanement during the of 1.0. Therefore, this type of seat is Estimates of the safety benefits of 16g- forecast period are equal to the rates expected to reduce serious injuries by seats are based on a study of 25 impact- observed during the period 1984 to 1998 1.0 × 24% = 24% relative to a 9g-seat. related accidents involving airplanes (U.S. 14 CFR part 121 fleet only). Key A Group II seat (i.e., does not meet operating under 14 CFR part 121 (or assumptions: (1) The rate is assumed to occupant injury criteria) has an equivalent) during the period 1984– reflect a 9g baseline, (2) no effectiveness rating of 0.1, or 10% of the 1998. The DOT/FAA report projects that improvements in historical fatality or effectiveness of a full 16g-seat. the baseline fatality and serious injury injury rates are expected to occur during Therefore, Group II seats are expected to rates for the period 2000–2020 will be the forecast period, and (3) the risk reduce serious injuries by .1 × 24% = 0.2868 and 0.0436 per million reduction potential of 16g-seats is not 2.4% relative to a 9g-seat. enplanements, respectively. (See also expected to improve (e.g., due to the • Forecast baseline fatality and Section II of the ASY 16g-seat study.) introduction of additional cabin safety serious injury rates. Baseline estimates Based on engineering assessments of measures). Example: Three-hundred- of the numbers of fatalities and serious the possible effects of full 16g-seats, and-twenty-nine (329) serious injuries injuries for the forecast period are Monte Carlo simulations were used to were recorded during 14 CFR part 121 obtained by combining: (1) The baseline assess a high, median, and low value for operations during the study period 1984 (9g) fatality and serious injury rates; (2) the total achievable (net) reduction in to 1998 (see Table II.3 of the ASY 16g- the baseline distribution of seat types fatalities and serious injuries for each seat study). In the same period, part 121 and enplanements; (3) the risk reduction accident/scenario. Risk reduction operators accumulated 7,540.9 million potential of 16g-seats; and (4) the benefits for the U.S. part 121 fleet, then, enplanements. Therefore, the historical adjustment factors. were estimated in three ways: (and projected) rate of serious injuries is • Forecast the effect of each option First, the DOT/FAA report estimated 329 ÷ 7,540.9 = 0.0436 per million on the distribution of seats. Potential the number of averted U.S. casualties by enplanements. benefits, then, reflect the degree to assuming that the ratio of U.S./World • Estimate the reduction in fatalities which any option alters the future casualties averted is proportional to the and serious injuries during the study distribution of seat types (relative to the ratio of U.S./World accidents (see Table period (1984–1998). Example: Based on projected baseline distribution). That is, II.4 in the ASY 16g-seat study). Second, the DOT/FAA report (part 121 benefits the more the distribution shifts to full it estimated the number of U.S. based on worldwide fleet accident 16g- and partial 16g-seats, the lower the casualties averted strictly based on the characteristics), the fleetwide use of full expected future rates of fatalities and part 121 accidents studied (Table II.5 in 16g-seats would have averted 68 serious injuries. the ASY study). Third, it extrapolated fatalities and 79 serious injuries (net) The steps outlined above are used to the U.S.-specific data, to U.S. part 121 during the study period. derive baseline estimates of fatalities ground-impact accidents that were not • Estimate the percentage reduction and serious injuries. The baseline studied. in fatalities and serious injuries during estimates, then, are compared to Baseline risk estimates are computed the study period. The number of fatality/serious-injury estimates based as follows: fatalities averted due to 16g-seats on the expected distribution of seats • Construct an estimate of the future divided by the total number of fatalities following full implementation of the number of domestic enplanements. during the study period yields an rule. Estimates of the number of future estimate of the percentage reduction in Passenger seat benefits—Over the enplanements were derived from the fatalities that would be achieved by 2000–2020 period of analysis, the FAA Aerospace Forecasts, Fiscal Years requiring 16g-seats. Similarly, the proposed requirements would avert 1999–2010; enplanements are projected number of serious injuries averted due 112.1 fatalities and 130.2 serious to increase from 676.9 million in 2000 to 16g-seats divided by the total number injuries. Using $3.0 million as the

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monetary equivalent of a statistical year deadline. The FAA requests passenger seats; that is, one FA seat per fatality averted and $0.5 million per specific comments on the compliance 40–50 passenger seats. serious injury averted, this is equivalent timeframe proposed for seat Current and projected distribution of to a benefit of $401.4 million replacement. Substantive comments FA seat certification programs. The undiscounted, or $131.9 million should be accompanied by cost current distribution of FA seat discounted. estimates, to the extent possible. certification programs was determined Flight attendant seat benefits—Over The following discussion outlines the from data obtained from industry: (1) the 2000–2020 period, the proposed process used to determine baseline Full 16g, approximately 33%; (2) partial requirements would avert 2.3 FA passenger and FA seat costs. 16g, approximately 42%; (3) 9g, fatalities and 2.7 FA serious injuries; The current number of seat approximately 25%. Again, in the this equates to $8.2 million certification programs and the current absence of additional rulemaking, this undiscounted, or $2.7 million distribution of seat certification distribution is assumed to be constant discounted. However, as delineated programs (9g, partial 16g, full 16g) both during the forecast period. below, the FAA believes the direct based on FAA data, were extrapolated Full 16g-certification program costs quantified benefits of averted FA forward using the same rate of growth for FA seats are approximately $250,000 casualties could lead to significant as the number of seat replacements and per program. The average replacement additional benefits in terms of averted installations. That is, the number of seat cost is $5,400 per seat and $85 for passenger casualties (i.e., the value of certification programs in the future is installation. This analysis assumes that trained FAs in assisting passengers in assumed to be a constant fraction of the FA seats are rarely replaced, since they emergency egress situations). number of seats projected to be usually last the life of the airframe. Additional fuel costs associated with B. Determination of Costs installed/replaced. Information on the average cost of a certification program increased weight equals approximately The analysis presented at the 1998 was obtained from industry sources; $13 per seat per year. public meeting considered a proposal Over the 2000–2020 period of these costs were projected into the that would have required full 16g analysis, total costs attributable to future under each alternative option and compliance for newly manufactured upgrading FA seats equal $285.7 million airplanes and complete retrofit with 16g compared to the baseline (i.e. voluntary undiscounted, or $139.3 million compatible seats for in-service airplanes industry action) to determine discounted. (see Table ES–1 in ASY 16g-seat study). incremental certification costs. Upcoming FAA Certification- Seat replacement costs associated with Passenger seat costs. Industry data Streamlining Efforts that proposal would have exceeded indicates an average incremental 16g- significantly those of this SNPRM as a seat certification cost of $300,000, As outlined in the Related Activity result of incremental costs to recertify which may be amortized over several section of this SNPRM, the FAA is seats already installed on aircraft, which aircraft types with the same initiating changes to the airplane seat would have been required under ‘‘16g- installations; on average, one certification process that are expected to compatibility.’’ In addition, the current certification would be applicable to result in reductions in required testing proposal includes more accurate (in this approximately 1,200 seats. The for both passenger and FA seats. These case, lower) estimates of seat proposed requirement entails no streamlining efforts may eliminate some certification costs. The regulatory incremental seat replacement costs, dynamic seat tests and make other tests evaluation for the original 1988 NPRM since the cost of a new upgraded seat simpler to perform. For example, in- identified seat weight, seat replacement, and its installation is the same as for a service changes or variation in design and seat certification as the largest non-upgraded seat. Current data show that currently require a full-scale test sources of incremental costs. that approximately 44% of current may instead be substantiated through a The FAA has chosen a final programs are for full 16g-, 55% are for component level test(s). Such tests are compliance timeframe in this SNPRM partial 16g-, and one percent of currently being developed and that allows airlines to exercise their own programs are for 9g-seats. evaluated to address both lumbar and discretion in seat replacement up to 14 Over the 2000–2020 period of head injury criteria (HIC), which may years after the rule is enacted, but then analysis, total costs attributable to have relevance for FA seat programs in ensures that the transport fleet will be upgrading passenger seats equal $232.9 particular. In either of these cases, the upgraded to the 16g-standard. New million undiscounted, or $105.4 million scope of the test program would be information provided by seat discounted. reduced as would the associated costs. manufacturers indicates that, at least Flight attendant seat costs. The same Part of the overall objective of the with respect to passenger seats, the process used to estimate incremental streamlining program is to capitalize on weight and costs of 16g-seats are the passenger seat certification costs was the work and expertise of the seat same as 9g-seats; in fact, current 16g- used to estimate incremental FA seat manufacturers, and prevent duplicate seats are in some cases lighter than certification costs. review by the FAA or airframe older seats. In addition, the options Current and projected number of manufacturer(s). The current process considered in this analysis emphasize certification programs. The current often results in Technical Standard ‘‘discretionary replacement.’’ That is, number of FA seat certification Order (TSO) qualification and requiring compliance for in-service programs was estimated from industry installation qualification requiring aircraft only when operators choose to sources and extrapolated using the separate, rather than complementary, replace seats (rather than stipulating a process described above. As before, the effort. This administrative cost is short-term mandatory retrofit period). ratio of certification programs to seats significant and, if reduced or The data show that only about 7.5% of installed/replaced is assumed to be eliminated, would reduce the overall seats would require premature roughly constant during the 2000–2020 certification burden. Note that in replacement at the end of the 14-year forecast period. Following the addition to reducing specific ‘‘discretionary’’ period. This results in assumption used in the 1998 regulatory certification (e.g. testing) costs, approximately a two percent increase in evaluation, the number of FA seats are streamlining would reduce the time costs over that estimated without the 14- assumed to equal two percent of required to gain seat approval, which

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often is cited as a major component of of passengers (see further discussion accidents in which the accident reports certification costs. below on the benefits attributable to only generalized the FA’s actions, the The aforementioned benefits expected FAs). FAA evaluated eight accidents to to accrue from the streamlining The proposed rule allows passenger determine how many additional initiatives would be more heavily seats to be upgraded at a normal passengers were saved from fatal or weighted to passenger seat programs replacement time up to 14 years after serious injury by the actions of able- than to FA seat programs, since the the publication of the rule. Due to bodied FAs. One accident in particular latter tend to have fewer tests per technological improvements, there is clearly illustrates the FAs crucial role(s). program. However, all the reductions in essentially no difference in weight or In that accident, nearly three quarters of certification procedures specified would cost between a 9g- and 16g-passenger the passengers survived the initial also benefit FA seat programs and seat. The only additional cost of impact, but most were seriously injured. would have a substantive effect on upgrading passenger seats in the normal As noted on pg. A–179 of the DOT/FAA reducing costs of those programs as replacement period is the higher report: ‘‘The prompt and successful well. Once streamlining is expense of a 16g-certification program. evacuation of 63 persons out of the implemented, the FAA believes a Unlike the passenger seat upgrade, the passenger cabin during increasing significant reduction in tests for both FA entire cost of upgrading FA seats is smoke and extensive fire was directly seats and passenger seats would be attributed to the rule. The cost of due to the behavior of the cabin crew, achieved. Although a definitive estimate replacing FA seats includes seat in spite of their injuries. The two active of the cost savings that a reduction in certification, procurement, installation, cabin attendants played a significant testing translates to is not yet and increased fuel burn because of the and unquestionable role in preventing determinable, the FAA believes it could higher operating weight. the panic and organizing the movement potentially result in a considerable Because slightly more than half of the of passengers to the exits.’’ In fact, in the reduction in nonrecurring certification estimated cost of this proposal is eight sample accidents, 13 FAs were program costs. attributed to upgrading FA seats, the responsible for the safe egress of The FAA requests specific comments FAA considered an alternative that approximately 140 passengers, or about on how we might streamline would have required upgrading only 11 passengers per FA. certification costs. Substantive passenger seats at the normal The DOT/FAA report provides comments should be accompanied by replacement time. The FAA rejected additional evidence of the implicit cost estimates to the extent possible. that alternative, as it would have value of FAs, but from the opposite resulted in FA seats being less safe than Benefit/Cost Summary perspective, i.e., passenger-survival passenger seats. FAs have the critical outcomes in accidents wherein FAs As previously stated, the FAA responsibility to perform life-saving were incapacitated. In the report, there estimates that this proposed rule to duties in precisely the kind of impact- were three U.S. survivable accidents in require upgraded passenger and FA accident wherein 16g-seats enhance the which six FAs died or were seriously seats for both new and in-service survivability of passengers. injured from impact; and, in these airplanes would statistically avert The FAA estimated the additional accidents, 44 passengers died primarily approximately 114 fatalities and 133 number of passenger-averted-fatalities from fire or smoke inhalation. The FAA serious injuries during a 20-year period (i.e., those attributable to the actions of cannot state with certainty how many of following the effective date of the rule. FA’s who survived impact as a result of these passengers could have been saved At $3.0 million per statistical fatality improved 16g-seats) required to increase by the FAs had the latter survived initial averted and $0.5 million per statistical the value of benefits sufficient to equal impact(s); however, in the light of the serious injury averted, the estimated costs. In the data presented above, the survival outcomes described above benefits equal $409.6 million, or $134.6 undiscounted costs exceed benefits by (with able-bodied FAs) the FAA million at present value (year 2000 $109 million. As noted in the benefits believes most of the cited 44 passenger dollars). The total associated costs are section, the proposed requirements fatalities could have been averted. And, approximately $518.6 million, or $244.7 would avert 2.3 FA fatalities and 2.7 FA with the incorporation of current fire million at present value. These costs are serious injuries, resulting in five protection standards into new- based on current certification programs additional functioning FAs. If those five production airplanes (increasing time- and testing methods. Implementation of FAs assist 36 passengers, thus averting margins for safe egress), surviving able- the streamlining procedures previously 36 potential fatalities (or, seven per FA), bodied FAs could save even more lives noted would no doubt reduce the the estimated benefits would equal the in future accidents. estimated costs. costs (i.e., $109 million divided by $3 Based on the accident circumstances Of the $518.6 million in undiscounted million (value of averted fatality) = just described, the FAA strongly total costs for the proposed rule, $285.7 approximately 36 averted fatalities). believes the projected five additional million, or 55%, are attributed to The evidence supports the FAA FAs would save at least an additional 36 upgrading FA seats. Compared to position that the actions of five passengers (i.e., seven per FA) in future passenger seats, FA seats have relatively additional functioning FAs can avert at accidents over the next 20 years. high certification costs, as well as least an additional 36 fatalities in one or Consequently, the costs of retrofitting significant variable costs to replace. The more survivable accidents. A majority the FA seats are justified. The FAA high replacement costs of FA seats (perhaps 60–70 percent) of the 25 total maintains this is a reasonable occurs because the proposed rule would accidents evaluated were survivable in contention, given the conservative require these seats to be upgraded at the that the initial impact did not kill or methodology applied-i.e. including only same time as passenger seats, whereas severely incapacitate all occupants those survivable accidents in which FA seats normally last the life-time of onboard the aircraft. In 11 of the FA’s actions and/or their ‘‘capability- the airplane. However, the higher costs survivable accidents, FAs were states’’ were clearly described or are offset by increased per-seat benefits instrumental in assisting passengers determined. since the seats prevent injury to the FA and/or shouting instructions to The FAA is aware of some studies and therefore permit them to perform passengers during the emergency demonstrating the value of cabin crew safety functions and help save the lives evacuation(s). After excluding three during emergency evacuations and

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request comments with documented of this proposal, flight attendant seats proposed ‘‘significant intergovernmental evidence regarding the value of FAs in also) would, on average, need mandate.’’ A ‘‘significant airplane evacuations. replacement in seven years (for cost intergovernmental mandate’’ under the In conclusion, since the 16g-seat- analysis purposes, operators on average Act is any provision in a Federal agency derived benefits of averted passenger would need to retrofit halfway into the regulation that will impose an and FA casualties combined with the 14-year replacement cycle; this is enforceable duty upon State, local, and additional passenger lives saved by obviously a conservative assumption). tribal governments, in the aggregate, of able-bodied FAs exceed the total seat- These retrofit costs were then $100 million (adjusted annually for replacement costs, the FAA deems this annualized using the sinking-fund inflation) in any one year. Section 203 SNPRM to be cost-beneficial. methodology whereby an annual of the Act, 2 U.S.C. 1533, which Regulatory Flexibility Determination amount is set aside each year for the supplements section 204(a), provides relevant number of years (in this case, that before establishing any regulatory The Regulatory Flexibility Act of 1980 seven years) accumulating to the requirements that might significantly or (RFA) establishes ‘‘as a principle of required capital expenditure. The FAA uniquely affect small governments, the regulatory issuance that agencies shall then compared each firm’s required agency shall have developed a plan that, endeavor, consistent with the objective annual seat replacement cost to the among other things, provides for notice of the rule and of applicable statutes, to firm’s annual operating revenue. The to potentially affected small fit regulatory and informational calculated annual-cost(s)-as-a-percent- governments, if any, and for a requirements to the scale of the of-annual-operating-revenue(s) ranged meaningful and timely opportunity to business, organizations, and from lows of less than one-tenth of one provide input in the development of governmental jurisdictions subject to percent (in 14 of the firms) to a regulatory proposals. regulation.’’ To achieve that principle, maximum of only 1.1 percent (in one The FAA determines that this the Act requires agencies to solicit and firm). Based on the described expense/ proposed rule does not contain a consider flexible regulatory proposals revenue relationships, the FAA believes significant intergovernmental mandate. and to explain the rationale for their that the proposed rule would ‘‘not have Regulations Affecting Interstate actions. The Act covers a wide-range of a significant economic impact on a Aviation in Alaska small entities, including small substantial number of small entities.’’ businesses, not-for-profit organizations, The FAA invites comments on the Section 1205 of the FAA and small governmental jurisdictions. estimated small entity impact from Reauthorization Act of 1996 (110 Stat. Agencies must perform a review to interested and affected parties. 3213) requires the Administrator, when determine whether a proposed or final modifying regulations in title 14 of the rule will have a significant economic International Trade Impact Assessment CFR in manner affecting interstate impact on a substantial number of small Consistent with the Administration’s aviation in Alaska, to consider the entities. If the determination is that it belief in the general superiority, extent to which Alaska is not served by will, the agency must prepare a desirability, and efficacy of free trade, it transportation modes other than regulatory flexibility analysis as is the policy of the Administrator to aviation, and to establish such described in the Act. However, if an remove or diminish, to the extent regulatory distinctions as he or she agency determines that a proposed or feasible, barriers to international trade, considers appropriate. Because this final rule is not expected to have a including both barriers affecting the proposed rule would apply to transport significant economic impact on a export of American goods and services category airplanes and their subsequent substantial number of small entities, to foreign countries and those affecting operation, it could, if adopted, affect section 605(b) of the 1980 act provides the import of foreign goods and services interstate aviation in Alaska. The FAA that the head of the agency may so into the United States. The net effect of therefore specifically requests certify and a regulatory flexibility this SNPRM is to raise the cost and comments on whether there is analysis is not required. The value of exported and imported justification for applying the proposed certification must include a statement compliant transport category airplanes. rule differently in interstate operations providing the factual basis for this The FAA believes the costs are offset by in Alaska. determination, and the reasoning should the value and thus the rule has a neutral be clear. impact on international trade. Executive Order 13132, Federalism There are approximately 100 part 121 The FAA has analyzed this proposed Unfunded Mandates Reform Act operators in the potential pool of small rule under the principles and criteria of entities. The FAA performed a detailed Title II of the Unfunded Mandates Executive Order 13132, Federalism. We analysis of the economic impacts on 33 Reform Act of 1995 (the Act), enacted as determined that this action would not of these operators who clearly: (1) Had Public Law 104–4 on March 22, 1995, have a substantial direct effect on the less than 1,500 employees (the size requires each Federal agency, to the States, on the relationship between the threshold for classification as a small extent permitted by law, to prepare a national Government and the States, or entity); (2) were not subsidiaries of written assessment of the effects of any on the distribution of power and larger organizations; and, (3) reported Federal mandate in a proposed or final responsibilities among the various operating revenue to the Department of agency rule that may result in the levels of government. Therefore, we Transportation. The FAA believes these expenditure by State, local, and tribal determined that this notice of proposed 33 are representative of the affected governments, in the aggregate, or by the rulemaking would not have federalism small firms. private sector, of $100 million or more implications. The FAA’s methodology in assessing (adjusted annually for inflation) in any economic impact for small entities for one year. Section 204(a) of the Act, 2 Environmental Analysis this proposed rule is as follows. Recent U.S.C. 1534(a), requires the Federal FAA Order 1050.1D defines FAA data indicates that airplane seats are agency to develop an effective process actions that may be categorically replaced about every 14 years. The FAA to permit timely input by elected excluded from preparation of a National assumed that the current fleet inventory officers (or their designees) of State, Environmental Policy Act (NEPA) of passenger seats (and now, by virtue local, and tribal governments on a environmental impact statement. In

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accordance with FAA Order 1050.1D, PART 121—OPERATING § 25.562 of this chapter in effect on June appendix 4, paragraph 4(j), this REQUIREMENTS: DOMESTIC, FLAG, 16, 1988. proposed rulemaking action qualifies for AND SUPPLEMENTAL OPERATIONS (2) For airplanes manufactured before a categorical exclusion. [insert date four years after the effective 1. The authority citation for part 121 date of final rule], all passenger seats Energy Impact continues to read as follows: and all flight attendant seats on the The energy impact of the proposed Authority: 49 U.S.C. 106(g), 40113, 40119, airplane meet the requirements of rulemaking has been assessed in 44101, 44701–44702, 44705, 44709–44711, § 25.562 of this chapter in effect on June accordance with the Energy Policy and 44713, 44716–44717, 44722, 44901, 44903– 16, 1988, after any passenger seat or any Conservation Act (EPCA) Pub. L. 94– 44904, 44912, 46105. flight attendant seat on that airplane is replaced. 163, as amended (42 U.S.C. 6362) and 2. Amend § 121.311 by adding (k) On and after [insert date 14 years FAA Order 1053.1. It has been paragraphs (j) and (k) to read as follows: determined that this proposed after the effective date of final rule], no rulemaking is not a major regulatory § 121.311 Seats, safety belts, and shoulder person may operate a transport category action under the provisions of the harnesses. airplane type certificated after January EPCA. * * * * * 1, 1958, in passenger-carrying operations under this part unless all List of Subjects in 14 CFR Part 121 (j) On and after [insert date four years after effective date of final rule], no passenger and all flight attendant seats Air carriers, Aircraft, Aviation safety, person may operate a transport category on the airplane meet the requirements of Safety, Transportation. airplane type certificated after January § 25.562 of this chapter in effect on June 1, 1958, in passenger-carrying 16, 1988. The Proposed Amendment operations under this part unless— Issued in Washington, DC, on September In consideration of the foregoing, the (1) For airplanes manufactured on and 26, 2002. Federal Aviation Administration after [insert date four years after the John J. Hickey, proposes to amend part 121 of Title 14, effective date of final rule], all passenger Director, Aircraft Certification Service. Code of Federal Regulations (14 CFR and all flight attendant seats on the [FR Doc. 02–25051 Filed 10–3–02; 8:45 am] part 121) as follows: airplane meet the requirements of BILLING CODE 4910–13–P

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Part III

Department of Education Experimental and Innovative Training; Notice

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DEPARTMENT OF EDUCATION requirement of reducing regulatory considering responses to this notice and burden that might result from this other information available to the Experimental and Innovative Training proposed priority. Please let us know of Department. This notice does not any further opportunities we should preclude us from proposing or funding AGENCY: Office of Special Education and take to reduce potential costs or increase additional priorities, subject to meeting Rehabilitative Services, Department of potential benefits while preserving the applicable rulemaking requirements. Education. effective and efficient administration of ACTION: Notice of proposed priority. Note: This notice does not solicit the program. applications. In any year in which we choose During and after the comment period, SUMMARY: The Assistant Secretary for to use this proposed priority, we invite the Office of Special Education and you may inspect all public comments applications through a notice in the Federal Register. When inviting applications we Rehabilitative Services proposes a about this proposed priority in room 3414, Switzer Building, 330 C Street, designate the priority as absolute, priority under the Experimental and SW., Washington, DC, between the competitive preference, or invitational. The Innovative Training program. The hours of 8:30 a.m. and 4 p.m., Eastern effect of each type of priority follows: Assistant Secretary may use this priority time, Monday through Friday of each Absolute priority: Under an absolute for competitions in fiscal year (FY) 2003 week except Federal holidays. priority, we consider only applications and later years. We take this action to that meet the priority (34 CFR focus on training in an identified area of Assistance to Individuals With 75.105(c)(3)). national need. We intend the priority to Disabilities in Reviewing the Competitive preference priority: develop and disseminate rehabilitation Rulemaking Record Under a competitive preference priority, training curriculum modules designed On request, we will supply an we give competitive preference to an to increase student contact with appropriate aid, such as a reader or application by either (1) awarding individuals with disabilities that may be print magnifier, to an individual with a additional points, depending on how incorporated into rehabilitation training disability who needs assistance to well or the extent to which the programs. The purpose of the review the comments or other application meets the priority (34 CFR curriculum modules is to enhance documents in the public rulemaking 75.105(c)(2)(i)); or (2) selecting an students’ understanding of disability record for this proposed priority. If you application that meets the priority over culture and counselor skills that support want to schedule an appointment for an application of comparable merit that the empowerment of vocational this type of aid, please contact the does not meet the priority (34 CFR rehabilitation (VR) customers with person listed under FOR FURTHER 75.105(c)(2)(ii)). disabilities. INFORMATION CONTACT. Invitational priority: Under an DATES: We must receive your comments The Experimental and Innovative invitational priority, we are particularly on or before November 4, 2002. Training program provides financial interested in applications that meet the ADDRESSES: Address all comments about assistance— invitational priority. However, we do this proposed priority to Edward Smith, (1) To develop new types of training not give an application that meets the U.S. Department of Education, 400 programs for rehabilitation personnel priority a competitive or absolute Maryland Ave, SW., Switzer Building, and to demonstrate the effectiveness of preference over other applications (34 room 3325, Washington, DC 20202– those new types of training programs for CFR 75.105(c)(1)). rehabilitation personnel in providing 2649. If you prefer to send your Priority: Proposed Priority: Curriculum rehabilitation services to individuals comments through the Internet, use the Modules: Experiential Activities to with disabilities; and following address: Enhance Rehabilitation Empowerment [email protected]. (2) To develop new and improved Background: Over the history of the You must include the term methods of training rehabilitation Rehabilitation Act of 1973, as amended, ‘‘Experimental and Innovative Training’’ personnel so that there may be a more groups of individuals with disabilities in the subject line of your electronic effective delivery of rehabilitation have expressed concern through public message. services by State and other rehabilitation agencies. hearings regarding the expertise of FOR FURTHER INFORMATION CONTACT: We propose this priority to increase counselors of the public VR system to Edward Smith. Telephone: (202) 205– the knowledge and skills of understand the experience of 8926 or via Internet: rehabilitation personnel in disability individuals with disabilities and to [email protected]. culture and customer empowerment. provide assistance to those individuals If you use a telecommunications This proposed priority would support to develop the skills of empowerment. device for the deaf (TDD), you may call the development of rehabilitation The concept of empowerment is defined the TDD number at (202) 205–8133. training curriculum modules that in a number of ways in the professional Individuals with disabilities may provide students with the opportunity literature. For the purposes of this obtain this document in an alternative to interact with individuals with priority, empowerment is defined as format (e.g., Braille, large print, disabilities in a non-hierarchical individuals having the information, audiotape, or computer diskette) on (student counselor to consumer) education, training, confidence, and request to the contact person listed relationship. This will help to foster an high expectations needed to make under FOR FURTHER INFORMATION increase in the students’ knowledge of effective employment and life-related CONTACT. and skills regarding the unique social decisions. SUPPLEMENTARY INFORMATION: and cultural experiences of individuals One method of increasing the VR with disabilities and of the behaviors counselor’s understanding of Invitation To Comment that enhance empowerment from the individuals with disabilities is to We invite you to submit comments perspective of individuals with provide opportunities for individuals regarding this proposed priority. We disabilities. preparing for careers in rehabilitation to invite you to assist us in complying We will announce the final priority in interact with people with disabilities in with the specific requirements of a notice in the Federal Register. We will a variety of settings. A review of Executive Order 12866 and its overall determine the final priority after rehabilitation counseling training

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programs funded by the Rehabilitation student counselor to consumer Document Format (PDF) on the Internet Services Administration (RSA) indicates relationships. at the following site: http://www.ed.gov/ that few programs provide curriculum Projects must include an evaluation of legislation/FedRegister. modules that enable students to interact the impact of the course module or To use PDF you must have Adobe with individuals with disabilities in modules and a dissemination plan to be Acrobat Reader, which is available free settings that do not involve a counseling carried out in the last year of the project at this site. If you have questions about relationship. period. using PDF, call the U.S. Government Priority: This priority supports Intergovernmental Review Printing Office (GPO), toll free, at 1– projects that provide experiential This program is subject to Executive 888–293–6498; or in the Washington, activities that increase the amount of Order 12372 and the regulations in 34 DC, area at (202) 512–1530. personal contact and experience of VR CFR part 79. One of the objectives of the Note: The official version of this document students with individuals with Executive order is to foster an is the document published in the Federal disabilities in non-counseling settings. intergovernmental partnership and a Register. Free Internet access to the official This priority is intended to support the strengthened federalism. The Executive edition of the Federal Register and the Code design, piloting, evaluation, and order relies on processes developed by of Federal Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/ dissemination of course modules to be State and local governments for index.html. incorporated into rehabilitation training coordination and review of proposed program curricula that enhance student Federal financial assistance. (Catalog of Federal Domestic Assistance understanding of the culture of This document provides early Number 84.263 Experimental and individuals with disabilities and of the notification of our specific plans and Innovative Training) actions for this program. behaviors that enhance empowerment Program Authority: 29 U.S.C. 772. from the perspective of individuals with Applicable Program Regulations: 34 CFR parts 385 and 387. disabilities. Dated: October 1, 2002. Projects funded under this priority Electronic Access to This Document Robert H. Pasternack, must incorporate experiential activities You may view this document, as well Assistant Secretary for Special Education and in which students interact directly with as all other Department of Education Rehabilitative Services. persons with disabilities in situations documents published in the Federal [FR Doc. 02–25326 Filed 10–3–02; 8:45 am] other than traditional and hierarchical Register, in text or Adobe Portable BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 67, No. 193 Friday, October 4, 2002

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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. 62215 Presidential Documents 3 CFR 121 ...... 61996, 62142, 62294 Executive orders and proclamations 741–6000 Proclamations: 129...... 62142 The United States Government Manual 741–6000 7598...... 62161 135...... 62142 7599...... 62165 Other Services 207...... 61996 7600...... 62167 208...... 61996 Electronic and on-line services (voice) 741–6020 7601...... 62169 221...... 61996 Privacy Act Compilation 741–6064 Administrative Orders: 250...... 61996 Public Laws Update Service (numbers, dates, etc.) 741–6043 Memorandums 253...... 61996 TTY for the deaf-and-hard-of-hearing 741–6086 October 1, 2002...... 62163 256...... 61996 302...... 61996 4 CFR 380...... 61996 ELECTRONIC RESEARCH Proposed Rules: 389...... 61996 World Wide Web 21...... 61542 399...... 61996 Full text of the daily Federal Register, CFR and other publications 5 CFR 15 CFR is located at: http://www.access.gpo.gov/nara 2634...... 61761 990...... 61483 Federal Register information and research tools, including Public 2635...... 61761 Inspection List, indexes, and links to GPO Access are located at: 21 CFR http://www.archives.gov/federallregister/ 7 CFR 101...... 61773 E-mail 29...... 61467 163...... 62171 301...... 61975 173...... 61783 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1260...... 61762 Proposed Rules: an open e-mail service that provides subscribers with a digital 1400...... 61468 310...... 62218 form of the Federal Register Table of Contents. The digital form 1412...... 61470 358...... 62218 of the Federal Register Table of Contents includes HTML and Proposed Rules: 24 CFR PDF links to the full text of each document. 97...... 61545 To join or leave, go to http://listserv.access.gpo.gov and select 300...... 61547 92...... 61752 Online mailing list archives, FEDREGTOC-L, Join or leave the list 319...... 61547 26 CFR (or change settings); then follow the instructions. 1424...... 61565 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 8 CFR 25...... 61997 service that notifies subscribers of recently enacted laws. 103...... 61474 27 CFR To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 214...... 61474 and select Join or leave the list (or change settings); then follow Proposed Rules: Proposed Rules: the instructions. 4...... 61998 103...... 61568 FEDREGTOC-L and PENS are mailing lists only. We cannot 214...... 61568 33 CFR respond to specific inquiries. 248...... 61568 117...... 61987 264...... 61568 Reference questions. Send questions and comments about the 165 ...... 61494, 61988, 62178 Federal Register system to: [email protected] 9 CFR The Federal Register staff cannot interpret specific documents or 39 CFR 94...... 62171 regulations. 952...... 62178 331...... 61767 957...... 62178 381...... 61767 FEDERAL REGISTER PAGES AND DATE, OCTOBER 958...... 62178 12 CFR 960...... 62178 962...... 62178 61467–61760...... 1 226...... 61769 61761–61974...... 2 964...... 62178 Proposed Rules: 965...... 62178 61975–62164...... 3 220...... 62214 62165–62310...... 4 40 CFR 13 CFR 52 ...... 61784, 61786, 62179, 121...... 62292 62184 Proposed Rules: 81...... 61786, 62184 121...... 61829 300...... 61802 1518...... 62189 14 CFR Proposed Rules: 39 ...... 61476, 61478, 61481, 52...... 62221, 62222 61770, 61771, 61980, 61983, 81...... 62222 61984, 61985 300...... 61844 Proposed Rules: 25...... 61836 42 CFR 39 ...... 61569, 61842, 61843, 81...... 62096

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413...... 61496 47 CFR 49 CFR 219...... 61996 457...... 61956 25...... 61814 40...... 61521 376...... 61996 460...... 61496 73...... 61515, 61816 350...... 61818 382...... 61996 482...... 61805, 61808 360...... 61818 653...... 61996 483...... 61808 Proposed Rules: 25...... 61999 365...... 61818 654...... 61996 484...... 61808 73...... 61572, 61845 372...... 61818 43 CFR 382...... 61818 50 CFR 48 CFR 4...... 61506 383...... 61818 16...... 62193 2930...... 61732 206...... 61516 386...... 61818 3800...... 61732 207...... 61516 387...... 61818 17...... 61531 6300...... 61732 217...... 61516 388...... 61818 600...... 61824, 62204 8340...... 61732 223...... 61516 390...... 61818 635...... 61537 8370...... 61732 237...... 61516 391...... 61818 654...... 61990 9260...... 61732 242...... 61516 393...... 61818 660 ...... 61824, 61994, 62204 Proposed Rules: 245...... 61516 397...... 62191 679 ...... 61826, 61827, 62212 571...... 61523 2930...... 61746 247...... 61516 Proposed Rules: 1804...... 62190 Proposed Rules: 17...... 61845 44 CFR 1833...... 61519 27...... 61996 600...... 62222 201...... 61512 1852...... 61519 37...... 61996 206...... 61512 1872...... 61519 40...... 61996 660...... 62001

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REMINDERS Head of the Cape Fear requirements; comments ENVIRONMENTAL The items in this list were Regatta; published 9-27- due by 10-7-02; PROTECTION AGENCY editorially compiled as an aid 02 published 8-23-02 [FR Air quality implementation to Federal Register users. 02-21457] plans; approval and Inclusion or exclusion from COMMENTS DUE NEXT Atlantic coastal fisheries promulgation; various this list has no legal WEEK cooperative States: significance. management— Maine; comments due by American lobster; AGRICULTURE 10-9-02; published 9-9-02 environmental impact [FR 02-22359] RULES GOING INTO DEPARTMENT statement; comments EFFECT OCTOBER 4, Agricultural Marketing ENVIRONMENTAL due by 10-7-02; PROTECTION AGENCY 2002 Service published 9-5-02 [FR Oranges, grapefruit, 02-22620] Air quality implementation plans; approval and COMMERCE DEPARTMENT tangerines, and tangelos West Coast States and promulgation; various National Oceanic and grown in— Western Pacific States: Atmospheric Administration Florida; comments due by fisheries— Fishery conservation and 10-10-02; published 9-10- West Coast salmon; Maine; comments due by management: 02 [FR 02-23027] comments due by 10- 10-9-02; published 9-9-02 [FR 02-22360] West Coast States and AGRICULTURE 11-02; published 9-26- Western Pacific DEPARTMENT 02 [FR 02-24371] ENVIRONMENTAL fisheries— Agricultural Marketing EDUCATION DEPARTMENT PROTECTION AGENCY Pacific remote island Service Postsecondary education: Air quality implementation areas; pelagic species; Peanuts, domestic and Institutional eligibility; various plans; approval and published 9-4-02 imported, marketed in loan and grant programs; promulgation; various HOUSING AND URBAN United States; minimum comments due by 10-7- States: DEVELOPMENT quality and handling 02; published 8-8-02 [FR Minnesota; comments due DEPARTMENT standards; comments due 02-20058] by 10-11-02; published 9- Public and Indian housing: by 10-9-02; published 9-9- Student Assistance General 11-02 [FR 02-22977] Housing Choice Voucher 02 [FR 02-22700] Provisions and Federal ENVIRONMENTAL Program; exception AGRICULTURE Perkins Loan, Federal PROTECTION AGENCY payment standard to DEPARTMENT Family Education Loan, Air quality implementation offset utility costs and William D. Ford plans; approval and increase; withdrawn; Animal and Plant Health Inspection Service Direct Loan Programs; promulgation; various published 9-4-02 comments due by 10-7- Agricultural Bioterrorism States: INTERIOR DEPARTMENT 02; published 8-6-02 [FR Protection Act: Minnesota; comments due Fish and Wildlife Service 02-19521] Biological agents and toxins; by 10-11-02; published 9- Injurious wildlife species: ENERGY DEPARTMENT 11-02 [FR 02-22978] Snakehead fishes; published possession; comments Energy Efficiency and ENVIRONMENTAL 10-4-02 due by 10-11-02; published 8-12-02 [FR 02- Renewable Energy Office PROTECTION AGENCY NATIONAL AERONAUTICS 20354] Energy conservation: Air quality implementation AND SPACE Alternative fuel AGRICULTURE plans; approval and ADMINISTRATION transportation program— DEPARTMENT promulgation; various Acquisition regulations: Fischer-Tropsch diesel Food and Nutrition Service States: Contract numbering; fuels; workshop, etc.; published 10-4-02 Child nutrition programs: Pennsylvania; comments comments due by 10- due by 10-9-02; published Free and reduced price POSTAL SERVICE 10-02; published 9-10- 9-9-02 [FR 02-22727] Program Fraud Civil Remedies meals and free milk in 02 [FR 02-22908] Act; implementation: schools— ENVIRONMENTAL ENVIRONMENTAL PROTECTION AGENCY Judicial Officer; rules of Eligibility determination; PROTECTION AGENCY Air quality implementation practice in proceedings; verification reporting Air pollution control: published 10-4-02 and recordkeeping plans; approval and State operating permits promulgation; various TRANSPORTATION requirements; comments programs— due by 10-8-02; States: DEPARTMENT Maryland; comments due published 8-9-02 [FR Pennsylvania; comments Coast Guard by 10-10-02; published 02-20163] due by 10-9-02; published Ports and waterways safety: 9-10-02 [FR 02-23081] Portsmouth Harbor, NH: COMMERCE DEPARTMENT 9-9-02 [FR 02-22728] ENVIRONMENTAL Utah; comments due by 10- safety and security zones; National Oceanic and PROTECTION AGENCY published 9-4-02 Atmospheric Administration 10-02; published 9-10-02 Air quality implementation [FR 02-22986] TRANSPORTATION Endangered and threatened plans; approval and DEPARTMENT species: promulgation; various ENVIRONMENTAL Federal Aviation Critical habitat States: PROTECTION AGENCY Administration designations— Indiana; comments due by Air quality planning purposes; Airworthiness directives: Gulf sturgeon; comments 10-11-02; published 9-11- designation of areas: Raytheon; published 9-24-02 due by 10-7-02; 02 [FR 02-22979] Louisiana; comments due by published 8-8-02 [FR ENVIRONMENTAL 10-10-02; published 9-10- RULES GOING INTO 02-20091] PROTECTION AGENCY 02 [FR 02-22983] EFFECT OCTOBER 5, Fishery conservation and Air quality implementation ENVIRONMENTAL 2002 management: plans; approval and PROTECTION AGENCY Alaska; fisheries of promulgation; various Air quality planning purposes; TRANSPORTATION Exclusive Economic States: designation of areas: DEPARTMENT Zone— Indiana; comments due by Louisiana; comments due by Coast Guard American Fisheries Act 10-11-02; published 9-11- 10-10-02; published 9-10- Regattas and marine parades: inshore cooperative 02 [FR 02-22980] 02 [FR 02-22984]

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Grants and other Federal Single family mortgage Annual and quarterly provisions; comments due assistance: insurance— company reports; by 10-10-02; published 9- Clean Air Act Tribal Section 203(k) consultant disclosure certification; 10-02 [FR 02-22622] authority— placement and removal comments due by 10-9- TRANSPORTATION Idaho, Oregon, and procedures; comments 02; published 9-9-02 [FR DEPARTMENT due by 10-8-02; 02-22572] Washington; Indian Federal Aviation published 8-9-02 [FR reservations; Federal SMALL BUSINESS Administration implementation plans; 02-20240] ADMINISTRATION Airworthiness directives: comments due by 10- INTERIOR DEPARTMENT Small business size standards: 10-02; published 8-9-02 Indian Affairs Bureau Ballonbau Worner GmbH; Nonmanufacturer rule; comments due by 10-10- [FR 02-19440] Land and water: waivers— Indian Reservation Roads 02; published 8-30-02 [FR Hazardous waste program Plain unmounted bearings Program; comments due 02-22128] authorizations: and mounted bearings; by 10-7-02; published 8-7- TRANSPORTATION Minnesota; comments due comments due by 10- 02 [FR 02-18801] DEPARTMENT by 10-9-02; published 9-9- 11-02; published 9-27- 02 [FR 02-22810] INTERIOR DEPARTMENT 02 [FR 02-24558] Federal Aviation Fish and Wildlife Service Administration Radiation protection programs: TRANSPORTATION Endangered and threatened Airworthiness directives: Transuranic radioactive DEPARTMENT waste for disposal at species: Bell; comments due by 10- Coast Guard Waste Isolation Pilot Black-footed ferrets; 7-02; published 8-6-02 Plant; waste nonessential experimental Anchorage regulations: [FR 02-19486] population establishment Maine; comments due by characterization program TRANSPORTATION in south-central South 10-7-02; published 7-8-02 documents availability— DEPARTMENT Dakota; comments due by [FR 02-17003] Nevada Test Site, NV; Federal Aviation 10-11-02; published 9-11- Drawbridge operations: comments due by 10-9- Administration 02; published 9-9-02 02 [FR 02-23068] Connecticut; comments due Airworthiness directives: [FR 02-22801] Critical habitat by 10-10-02; published 9- designations— Bell; comments due by 10- EQUAL EMPLOYMENT 10-02 [FR 02-22947] Gila chub; comments due 7-02; published 8-7-02 OPPORTUNITY COMMISSION Florida; comments due by by 10-8-02; published 10-7-02; published 8-7-02 [FR 02-19875] Age Discrimination in 8-9-02 [FR 02-19872] Employment Act: [FR 02-19998] TRANSPORTATION Gulf sturgeon; comments DEPARTMENT Processing of age due by 10-7-02; Ports and waterways safety: Federal Aviation discrimination charges; published 8-8-02 [FR Boston Harbor, MA; Administration comments due by 10-11- 02-20091] Aggregate Industries 02; published 8-12-02 [FR Flat-tailed horned lizard; Fireworks display; safety Airworthiness directives: 02-20126] comments due by 10-9- zone; comments due by Bell; correction; comments FEDERAL ELECTION 02; published 9-24-02 [FR 10-10-02; published 9-20- due by 10-7-02; published COMMISSION 02-24025] 02 [FR 02-23916] 8-21-02 [FR C2-19486] Coordinated and independent JUSTICE DEPARTMENT Oahu, Maui, Hawaii, and TRANSPORTATION expenditures; comments due Radiation Exposure Kauai, HI; anchorages DEPARTMENT and security zones; by 10-11-02; published 9- Compensation Act Federal Aviation comments due by 10-8- 24-02 [FR 02-23813] Amendments of 2000; Administration 02; published 9-3-02 [FR HEALTH AND HUMAN claims: 02-22340] Airworthiness directives: SERVICES DEPARTMENT Uranium millers, ore Boeing; comments due by transporters, and miners; Vessel documentation and Centers for Medicare & 10-7-02; published 8-23- coverage expansion; measurement: Medicaid Services 02 [FR 02-21509] Medicare: representation and fees; Coastwise trade vessels; comments due by 10-7- lease financing; comments TRANSPORTATION Hospital outpatient 02; published 8-7-02 [FR due by 10-8-02; published DEPARTMENT prospective payment 02-19222] 8-9-02 [FR 02-20244] Federal Aviation system and 2003 FY Administration rates; comments due by NUCLEAR REGULATORY TRANSPORTATION 10-8-02; published 8-9-02 COMMISSION DEPARTMENT Airworthiness directives: [FR 02-20146] Federal Advisory Committee Federal Aviation Boeing; comments due by Act regulations; comments Administration 10-11-02; published 8-12- HOUSING AND URBAN due by 10-7-02; published Administrative regulations: 02 [FR 02-19878] DEVELOPMENT 8-8-02 [FR 02-19941] DEPARTMENT Spent nuclear fuel and high- Aviation Safety Action TRANSPORTATION Mortgage and loan insurance level radioactive waste; Programs information; DEPARTMENT programs: independent storage; protection from disclosure; Federal Aviation Owners of projects receiving licensing requirements: comments due by 10-7- Administration section 236 rental Dry cask independent spent 02; published 9-5-02 [FR Airworthiness directives: 02-22270] assistance; participation in fuel and monitored McDonnell Douglas; retaining some or all of retrievable storage Flight Operational Quality comments due by 10-7- excess rental charges for installations; siting and Assurance Program 02; published 8-7-02 [FR project use, etc.; design; geological and information; protection 02-19879] comments due by 10-11- seismological from disclosure; TRANSPORTATION 02; published 8-12-02 [FR characteristics; comments comments due by 10-7- DEPARTMENT 02-20022] due by 10-7-02; published 02; published 9-5-02 [FR HOUSING AND URBAN 7-22-02 [FR 02-18436] 02-22269] Federal Aviation DEVELOPMENT SECURITIES AND Aircraft: Administration DEPARTMENT EXCHANGE COMMISSION Fuel tank system fault Airworthiness directives: Mortgage and loan insurance Sarbanes-Oxley Act of 2002; tolerance evaluations; McDonnell Douglas; programs: implementation: equivalent safety comments due by 10-7-

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02; published 8-23-02 [FR Rate challenges; expedited H.R. 5157/P.L. 107–232 02-21508] resolution under stand- LIST OF PUBLIC LAWS To amend section 5307 of title Class D and Class E alone cost methodology; 49, United States Code, to comments due by 10-9- airspace; comments due by This is a continuing list of allow transit systems in 10-7-02; published 8-28-02 02; published 9-11-02 [FR urbanized areas that, for the 02-22808] public bills from the current [FR 02-21136] session of Congress which first time, exceeded 200,000 TRANSPORTATION TREASURY DEPARTMENT have become Federal laws. It in population according to the DEPARTMENT Alcohol, Tobacco and may be used in conjunction 2000 census to retain Federal Aviation Firearms Bureau with ‘‘PLUS’’ (Public Laws flexibility in the use of Federal Administration Update Service) on 202–741– transit formula grants in fiscal Alcoholic beverages: year 2003, and for other Class E airspace; comments 6043. This list is also Wine; labeling and available online at http:// purposes. (Oct. 1, 2002; 116 due by 10-10-02; published advertising— Stat. 1478) 9-4-02 [FR 02-22496] www.nara.gov/fedreg/ American wines; Petite plawcurr.html. S. 2810/P.L. 107–233 TRANSPORTATION Sirah and Zinfandel; To amend the DEPARTMENT new prime grape variety The text of laws is not Communications Satellite Act Federal Aviation names; comments due published in the Federal of 1962 to extend the Administration by 10-8-02; published Register but may be ordered in ‘‘slip law’’ (individual deadline for the INTELSAT Class E airspace; comments 6-6-02 [FR 02-14132] pamphlet) form from the initial public offering. (Oct. 1, due by 10-11-02; published TREASURY DEPARTMENT Superintendent of Documents, 2002; 116 Stat. 1480) 8-27-02 [FR 02-21137] Foreign Assets Control U.S. Government Printing Last List October 2, 2002 Class E airspace; correction; Office Office, Washington, DC 20402 comments due by 10-11-02; (phone, 202–512–1808). The published 8-30-02 [FR C2- Sudan, Libya, and Iran; agricultural commodities, text will also be made 21576] available on the Internet from Public Laws Electronic medicine, and medical Notification Service TRANSPORTATION devices exportation; GPO Access at http:// DEPARTMENT licensing procedures; www.access.gpo.gov/nara/ (PENS) National Highway Traffic comments due by 10-7-02; nara005.html. Some laws may Safety Administration published 9-6-02 [FR 02- not yet be available. PENS is a free electronic mail 22689] Motor vehicle safety H.R. 3880/P.L. 107–230 notification service of newly standards: TREASURY DEPARTMENT To provide a temporary waiver enacted public laws. To Accelerator control systems Internal Revenue Service from certain transportation subscribe, go to http:// conformity requirements and Correction; comments due Income taxes: hydra.gsa.gov/archives/ by 10-7-02; published metropolitan transportation publaws-l.html or send E-mail 9-24-02 [FR 02-24123] Welfare beneft fund; planning requirements under to [email protected] guidance regarding the Clean Air Act and under TRANSPORTATION with the following text whether part of 10 or other laws for certain areas in DEPARTMENT message: more employer plan; New York where the planning Surface Transportation comments due by 10-9- offices and resources have SUBSCRIBE PUBLAWS-L Board 02; published 7-11-02 [FR been destroyed by acts of Your Name. 02-17469] Fees: terrorism, and for other Note: This service is strictly Licensing and related Income, employment, and gift purposes. (Oct. 1, 2002; 116 for E-mail notification of new services; 2002 update; taxes: Stat. 1469) laws. The text of laws is not comments due by 10-11- Split-dollar life insurance H.R. 4687/P.L. 107–231 available through this service. 02; published 9-11-02 [FR arrangements; comments National Construction Safety PENS cannot respond to 02-22918] due by 10-7-02; published Team Act (Oct. 1, 2002; 116 specific inquiries sent to this Practice and procedure: 7-9-02 [FR 02-17042] Stat. 1471) address.

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